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Home My WebLink AboutAgenda Packet City Council - 04/30/2013Tuesday, April 30, 2013 Corpus Christi Meeting Agenda - Final City Council 11:30 AM 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 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 Nelda Martinez to call the meeting to order. B. Invocation to be given by Chaplain Lynne Blackler, CHRISTUS Spohn Hospital CC - Memorial. 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 13- 000394 Proclamation declaring April 2013 as "Jazz Appreciation Month" and April 30, 2013 as "International Jazz Day" Proclamation declaring May 2013 as "Older Americans Month" Proclamation declariing May 4 -12, 2013 as "National Tourism Week" Proclamation declaring May 5 -11, 2013 as "National Children's Mental Health Awareness Week" Proclamation declaring May 6 -12, 2013 as "National Nurses Week at TAM U -CC" Proclamation declaring May 13, 2013 as "National Peace Officer's Memorial Day" and May 12 -18, 2013 as "National Police Week" Corpus Christi Page 1 Printed on 4/29/2013 City Council Meeting Agenda - Final April 30, 2013 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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 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. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. 1- 000397 Status of the Development Services Department Attachments: Agenda Memo - Dev Svcs Update Presentation - Development Services Update b. Human Resources Department Accomplishments C. EMS Heart Monitors d. Engineering Department Peer Review e. Buc Days Coordination f. Operational Strategic Plan; Customer Service g. Resolving complaints and requests for service h. Council Worksessions i. City Manager Performance Review j. Other Corpus Christi Page 2 Printed on 4/29/2013 City Council Meeting Agenda - Final April 30, 2013 H. EXECUTIVE SESSION: (ITEM 2) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2. 13- 000393 Executive Session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment and duties of the City Auditor with possible discussion and action in open session. I. MINUTES: 3. 13- 000395 Approval of Meeting Minutes - Special Meeting of April 22, 2013. Attachments: Minutes - April 22, 2013 J. BOARDS & COMMITTEE APPOINTMENTS: K. 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. L. CONSENT AGENDA: (ITEMS 4 - 30) 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. 4. 13- 000298 Supply agreement for fire hydrants for new and replacement installations Motion approving a Supply Agreement with HD Supply Waterworks, Corpus Christi, Texas for fire hydrants in accordance with Bid Invitation No. BI- 0104 -13 based on lowest responsible bid for an estimated annual expenditure of $114,139.70, of which $28,534.93 is required for FY 2013. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds are available from Warehouse Stores for FY 2012 -2013. Corpus Christi Page 3 Printed on 4/29/2013 City Council Meeting Agenda - Final April 30, 2013 671 6. 7. 8. Attachments: Agenda Memo - Fire Hydrants.pdf 13- 000276 Service agreement for lead -based paint hazard consultant Motion approving a service agreement with Jeff Zunker Specialty Products, Inc. dba Astex Environmental Services, San Antonio, Texas for lead -based paint hazard consultant services in accordance with Request for Proposal (RFP) No. BI- 0089 -13, based on lowest responsible proposer for an estimated annual expenditure of $57,202. The term of the service agreement will be for twelve months with and an option to extend the agreement for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager or designee. Funds have been budgeted by the Neighborhood Services Department in FY 2012- 2013. Attachments: Agenda Memo - Lead -Based Paint Hazard Consultant.pdf 13- 000305 Purchase of Motor Starters for pumping system at Lake Texana pump station Motion approving the purchase of six (6) MX3 motor starters from Curtiss Wright/Benshaw Flow Control Company of Pittsburgh, PA based on sole source, for a total amount of $95,892.00. Funds are budgeted in FY 12 -13 Water Fund. 13- 000312 Purchase of Security Access System for O.N. Stevens Water Treatment Plant Motion approving the purchase of a security access system for the O.N. Stevens Water Treatment Plant from Total Protection Systems, Inc., Corpus Christi, TX, based on sole source, for the amount of $297,178.68. Funds are available from the Water Dept. CIP Fund No.4088. Attachments: Agenda Memo - Purchase of Security Access System for O.N. Stevens Plant. pdf Price Sheet - Purchase of Security Access System for O.N. Stevens Plant. pdf 13- 000306 Authorization to submit a grant application to State for motor vehicle theft enforcement grant Resolution authorizing the City Manager or designee to submit a grant application in the amount of $640,040 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft Corpus Christi Page 4 Printed on 4/29/2013 City Council Meeting Agenda - Final April 30, 2013 9. 10. 11 enforcement grant within the Police Department for Year 13 with a City cash match of $468,495, in -kind match of $52,045, and program income match of $7,359 for a total project cost of $1,167,939 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda memo - ATPA grant application agenda memo 04 09 2013 • • 13- 000338 Engineering design contract for Corpus Christi Ship Channel Gas Main Crossing Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering of Corpus Christi, Texas in the amount of $68,300, for Corpus Christi Ship Channel Gas Main Crossing for design, bid, and construction phase services. Attachments: Agenda Memo - C. C. Ship Channel Gas Main Crossing Contract • Channel Gas Main Crossinq.pdf Location • Channel Gas Main Crossinq.pdf Presentation - C. C. Ship Channel Gas Main Crossing 13- 000336 Engineering design contract for J.C. Elliott gas collection and control system repairs Motion authorizing the City Manager, or designee, to execute Amendment No. 1 with SCS Field Services, a Virginia corporation, in the amount of $77,000.00, for a re- stated fee not to exceed $177,400.00 for J. C. Elliott Landfill Gas Collection And Control System Repairs. Attachments: Agenda Memo - JC Elliott Gas Collection Control System Repairs Re •• Presentation • Repairs ■ pd Contract - JC Elliott Landfill Gas Collection and Control System Re pai rs. pdf 13- 000313 Second Reading Ordinance - Rezoning from Residential to Office for Minerva V. Muro for property located at 2529 Nemec Street (1st Reading 4123113) Case No. 1212 -01 Minerva V. Muro: A change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District, resulting in a change of future land use from medium density residential to professional office. The property to be rezoned is described as Lot 5, Block 2, Nemec Addition, located on the southwest corner of Nemec Street and Dodd Corpus Christi Page 5 Printed on 4/29/2013 City Council Meeting Agenda - Final April 30, 2013 Drive. Planning Commission and Staff Recommendation (March 27, 2013): Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District and, in lieu thereof, approval of the "RS -6 /SP" Single - Family 6 District with a Special Permit subject to a site plan and conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Minerva V. Muro ( "Owner "), by changing the UDC Zoning Map in reference to Lot 5, Block 2, Nemec Addition, from the "RS -6" Single - Family 6 District to the "RS -6 /SP" Single - Family 6 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 1212- 01,Minerva Muro rev 4 -4 -13 Map - Aerial Overview exhibits • • s RS6 to ON 1 04 exhibit Second Reading Ordinance - Rezoning from Residential to Commercial for Hernando Ariza Soto for property located at 12337 Leopard Street (1st Reading 4/23/13) Case No. 0313 -03 Hernando Ariza Soto: A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Map from low density residential to commercial. The property to be rezoned is described as being a 0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision, located on the south side of Leopard Street, approximately 300 feet west of Rehfeld Road. Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Hernando Ariza Soto, acting as agent on behalf of 9292 Enterprises, LLC ( "Owner "), by changing the UDC Zoning Map in reference to a 0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 6 Printed on 4/29/2013 City Council Meeting Agenda - Final April 30, 2013 Attachments: Agenda Memo - 0313 -03, Hernando Soto 4 -9 -13 T< +. � 13. 13- 000316 Second Reading Ordinance - Rezoning from Commercial to Residential for George Shaheen for property located at 7953 South Staples Street (1st Reading 4123113) Case No. 0313 -04 George Shaheen: A change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District, resulting in a change of future land use from commercial to low density residential. The property to be rezoned is described as being a 3.136 -acre tract of land out of Lot 1 B, Block 1, King's Crossing West Unit 1, located along the north side of Oso Parkway, approximately 220 feet west of South Staples Street (FM 2444). Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by George Shaheen, acting as agent on behalf of FM 2444 & Oso, LP ( "Owner "), by changing the UDC Zoning Map in reference to a 3.136 -acre tract of land out of Lot 1 B, Block 1, Replat No. 1, King's Crossing West Unit 1, from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 0313 -04, George Shaheen T • ,- • 14. 13- 000317 Second Reading Ordinance - Rezoning from Manufactured Home to Residential for The Lakes at King Estates, Inc. for property located at 1937 Division Road (1st Reading 4123113) Case No. 0313 -05 The Lakes at King Estates, Inc.: A change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as being a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located west of Flour Bluff Drive at the west end of Antoinette Drive and south of the Holly Road extension. Corpus Christi Page 7 Printed on 4/29/2013 City Council Meeting Agenda - Final April 30, 2013 Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by The Lakes at King Estates, Inc. ( "Owner"), by changing the UDC Zoning Map in reference to a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - 0313 -05, The Lakes at King Estates, Inc IMMEW.4m • • • • Estates Inc RMH to RS4 5 vFinal 20130327 exhibits 15. 13- 000335 Second Reading Ordinance - Accepting and appropriating State grant funds for Click It or Ticket program (1st Reading 4123113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $23,992.90 from the State of Texas, Department of Transportation for the FY2013 Click It Or Ticket program grant; and appropriating the $23,992.90 in the No. 1061 Police Grants Fund Attachments: Agenda memo - CIOT 16. 13- 000278 Second Reading Ordinance - Waiving permit requirements, fees, and inspections for "Lemonade Day Corpus Christi" scheduled events (1st Reading 4123113) Ordinance authorizing the Corpus Christi - Nueces County Public Health District to waive all permit requirements, including fees and required inspections for participating children and youth for "Lemonade Day Corpus Christi" scheduled events. Attachments: Agenda memo - Lemonade Dad 17. 13- 000294 Second Reading Ordinance - Approving Grant Amendment to extend contract period and increase funding for Women, Infants and Children (WIC) program (1st Reading 4123113) Corpus Christi Page 8 Printed on 4/29/2013 City Council Meeting Agenda - Final April 30, 2013 Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a six month grant extension amendment in the amount of $464,069 from the Texas Department of State Health Services in the Health Grant Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the extended contract period of April 1, 2013 thru September 30, 2013; and to ratify acceptance of the grant extension amendment to begin as of February 26, 2013 budget to expand beach parking permit sales (1st Reading 4123113) Ordinance appropriating $50,000 in additional revenues from sales of Beach Parking Permits in the No. 1020 General Fund to be used for Beach Parking Permit Program; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues and expenditures by $50,000 each. Attachments: Agenda Memo - Beach Parking Permit Budget Increase 19. 13- 000326 Second Reading Ordianance - Amending City code for Commission on Children and Youth membership (1st Reading 4123113) Ordinance amending the Code of Ordinances regarding membership of Corpus Christi Commission on Children and Youth. Attachments: Agenda Memo -CCY Ordinance Change 20. 13- 000217 Second Reading Ordinance - Amending City code to correct existing speed limit boundaries on McArdle Road (1st Reading 4123113) Ordinance amending Section 53 -254 of the code of ordinances to rectify the existing speed limit boundaries on McArdle Road. Attachments: Agenda Memo - McArdle Rd Second Reading Ordinance - Amending City code to set speed limits on Hazel Bazemore Road (CR 69) (1st Reading 4123113) Ordinance amending Section 53 -254 of the Code of Ordinances to set Corpus Christi Page 9 Printed on 4/29/2013 City Council Meeting Agenda - Final April 30, 2013 the speed limit to 55 mph on Hazel Bazemore Road (County Road 69) between FM 624 and County Road 52; providing for penalties; providing for severance; and providing for publication. Attachments: Agenda Memo - Hazel Bazemore • • a t { • - "4 IWIMMORM11111 :. 22. 13- 000271 Second Reading Ordinance - Amending City code to establish speed limit designation on Interstate Highway 69 (US 77) and Interstate Highway 37 frontage roads (1st Reading 4123113) Ordinance amending Section 53 -254 of the Code of Ordinances to establish the following speed limits: (a) 55 MPH on the Northbound IH 37 Frontage Road between Sharpsburg Road and the north city limit line; (b) 55 MPH on the Southbound IH 37 Frontage Road between the north city limit line and Redbird Lane; (c) 45 MPH on the Southbound IH 69 (US 77) Frontage Road between Redbird lane and the south city limit line; and (d) 45 MPH on the Northbound IH 69 (US 77) Frontage Road between the south city limit line and the crossover to North IH 37 Frontage Road; providing for penalties; providing for severance; and providing for publication. Attachments: Agenda memo - Speed Limit US 77 1 37 Frontage Roads • 23. 13- 000342 Second Reading Ordinance - Appropriate funds for Capital equipment purchase at Corpus Christi International Airport (1st Reading 4123113) Ordinance appropriating $125,000 from the Unreserved Fund Balance in Airport Fund No. 4610 for purchase of airport capital equipment; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $125,000. Attachments: Agenda Memo - Capital Equipment • • a a .101 1 ROUU99 • 24. 13- 000343 Second Reading Ordinance - Appropriating funds from Passenger Facility Charge fund for payment of debt service associated with airport improvements (1st Reading 4123113) Ordinance appropriating $850,981 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring and appropriating $664,118 into Airport 2012A Debt Service Fund No. 4640 and $186,863 into Airport 2012A Debt Service Fund 4641 for debt service on airport improvements; amending the FY 2012 -2013 Capital Budget adopted by Ordinance No. 029565 to increase appropriations by Corpus Christi Page 10 Printed on 4/29/2013 City Council Meeting Agenda - Final April 30, 2013 25 26 PAFA $850,981. Attachments: Agenda Memo - PFC Debt Service Appropriation 13- 000344 Second Reading Ordinance - Approving two farm lease agreements at the Corpus Christi International Airport (4/23/13) Ordinance authorizing the City Manager, or designee, to execute 1) a Farm Lease Agreement with Matt Danysh Farms, Inc. to lease and farm approximately 870.703 acres of farm land located at the Corpus Christi International Airport and 2) a Farm Lease Agreement with S & S Farms Partnership to lease and farm approximately 591.374 acres of farm land located at the Airport, both in consideration of an annual payment to the City of $55 per leased acre, both for a term of five (5) years. Attachments: Agenda Memo - Farm Leases 13- 000206 Second Reading Ordinance - Reimburse Jimmie and Barbara Moretich for the wastewater development fees paid in 1993 (1st Reading 4/23/13) Ordinance appropriating $3,143.60 from the No. 4220 Wastewater Trunk System Trust Fund to refund Jimmie J. Moretich and Barbara A. Moretich wastewater lot/acreage fees previously paid for Lot 7, Block 3, Farias Grant Subdivision and authorizing the City Manager or designee to issue payment. Attachments: Aoenda Memo - Jimmie &Barbara Moretich. for wastewater fees raid Block in 1993 Map - Exhibit A, Farias Grant Subdivision, . t 8 - More .: 1� 13- 000236 Second Reading Ordinance - Reimburse developer for the construction of a water line in Royal Creek Estates Unit 4 subdivision (1st Reading 4/23/13) Ordinance appropriating $18,171.34 from the No. 4030 Water Distribution Main Trust Fund to reimburse MPM Development, L.P. ( "Developer "), for the construction of a 12 -inch water line in accordance with the approved water arterial transmission and grid main reimbursement agreement executed between the City and the Developer. Corpus Christi Page 11 Printed on 4/29/2013 City Council Meeting Agenda - Final April 30, 2013 28 29 30. Attachments: Agenda7T,,Iemo, MPITI Development, Reimbursement for 12-inch t 4-30-2013 Reimbursement . _ • de 13- 000303 Second Reading Ordinance - Appropriating funds to reimburse developer for the construction of Tortuga Dunes /Zahn Road /Packery Channel wastewater lift station and force main improvements (1st Reading 4/23/13) Ordinance appropriating $450,000 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real Estate Group, Inc. ( "Developer ") for the construction of the Tortuga Dunes /Zahn Road /Packery Channel wastewater lift station and force main improvements in accordance with the approved reimbursement agreement executed with the Developer. Attachments: Agenda Memo - Tortuga Dunes -Zahn Road - Packery Channel • • TT, " - - 13- 000350 Second Reading Ordinance - Appropriating funds related to the American Bank Center (1st Reading 4/23/13) Ordinance appropriating $250,000 received from SMG (under contractual obligation to contribute capital for the American Bank Center) in the No. 4710 Visitors Facility Fund for improvements to the American Bank Center; Appropriating $277,247.91 from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center capital improvement expenditures; Appropriating $50,000 from reserved fund balance in the No. 4710 Visitors Facility Fund for capital and repair maintenance needs relating to the food and beverage concessions at the American Bank Center; Appropriating $119,364.25 from unreserved fund balance in the No. 1130 Arena Facility Fund for repair maintenance needs at the Arena; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues by $250,000 and by increasing expenditures by a total of $696,612.16. Attachments: Agenda Memo - Appropriation of Funds Related to the American Bank Center Ordinance- American Bank Center Appropriations 13- 000311 Second Reading Ordinance - Appropriating funds in cable franchise revenue for capital expenditures (1st Reading 4/23/13) Ordinance appropriating $165,491.99 from the State Cable Franchises issued by the Public Utility Commission of Texas in the No. 1031 Public, Education and Government Cable Fund for capital expenditures related Corpus Christi Page 12 Printed on 4/29/2013 City Council Meeting Agenda - Final April 30, 2013 to the Public, Education and Government Access Channels; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $165,491.99. Attachments: Ordinance - apgrop funds for PEG channels v2 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEM 31) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 31. 13- 000301 Second Reading Ordinance - Adopting the Consolidated Annual Action Plan for housing and homeless needs (1st Reading 4123113) Ordinance to adopt the fiscal year (FY) 2013 -2014 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2013- FY2014 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2013 -2014 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2013 -2014 CAAP with organizations for approved projects; and to ratify the ESG funding agreements and other applicable implementation documents to be effective as of August 1, 2013. Attachments: Agenda Memo - CAAP FY2013 -2014 O. FIRST READING ORDINANCES: (ITEMS 32 - 34) 32. 13- 000376 First Reading Ordinance - Designating voestalpine Reinvestment Zone Ordinance designating the "voestalpine Reinvestment Zone" within the extra territorial jurisdiction of the City of Corpus Christi, Texas ( "City ") and within the City limits under the Property Redevelopment and Tax Corpus Christi Page 13 Printed on 4/29/2013 City Council Meeting Agenda - Final April 30, 2013 33 34 0 35 Abatement Act (Chapter 312 of the Texas Tax Code). Attachments: Agenda Memo - Designating voestalpine Reinvestment Zone 13- 000352 First Reading Ordinance - Amending City Code regarding farmer's markets and the accompanying vendor fee Ordinance amending Chapter 19, Code of Ordinances, City of Corpus Chrisit, regarding farmer's markets and the accompanying vendor fee; providing for penalties; providing for severance; and providing for publication. Attachments: Agenda Memo - Farmer's Market PDF s. 13- 000396 First Reading Ordinance - Approval for the sale of foreclosed property at annual tax resale auction to recoup City's share of property taxes Ordinance authorizing the sale of no greater than one hundred and three (103) properties shown on the attached and incorporated "Re -Sale Property List" at a tax resale auction with opening bids of 20% of the most recent tax appraisal value, and reducing the opening bid for unsold properties by half. Attachments: Property Tax Sales - 103 properties April 30, 2013.pdf FUTURE AGENDA ITEMS: (ITEMS 35 - 40) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 13- 000347 Purchase of Enterprise Resource Planning System and component software (Related Items 35 - 38) Motion approving license, service, hosting, maintenance and professional services agreements with Infor (US), Inc., Alpharetta, GA, for an enterprise resource planning system for $5,922,196.16, of which $1,383,138.16 is required for the remainder of FY 2012 -2013; an additional project contingency of $749,718.87; and ongoing service, hosting and maintenance. The initial term of the service agreement is three years and the initial term of the hosting and maintenance agreements is one year; each will automatically renew annually thereafter upon payment of annual service, hosting and maintenance fees, respectively. The term of the professional services agreement will extend through project completion. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. Corpus Christi Page 14 Printed on 4/29/2013 City Council Meeting Agenda - Final April 30, 2013 Attachments: Agenda Memo - Infor - Purchase of Enterprise Resource Planning S stem Evaluation Summary - Infor - Purchase of Enterprise Resource Planning System Presentation - ERP 36. 13- 000355 Motion approving software license, service and maintenance agreements with Emphasys Software, Emeryville, CA for treasury management software for $105,600.00, of which $36,500.00 is required for the remainder of FY 2012 -2013; and ongoing service and maintenance. The initial term of the service and maintenance 39. 13- 000279 Landscape maintenance agreement for improvements on State Highway 358(South Padre Island Drive) /Flour Bluff Drive intersection and State Highway 358(South Padre Island Drive) /State Highway 44 Interchange Resolution authorizing the City Manager, or designee, to execute a Landscape Maintenance Agreement with the Texas Department of Corpus Christi Page 15 Printed on 4/29/2013 City Council Meeting Agenda 'Final April 80.2018 40 19 FL Transportation for landscape improvements within the project's scope cfGH 358 (South Padre Island Drive)/Flour Bluff Drive Intersection and GH358 (South Padre Island Dhve)/SH44Interchange. Attachments: df 13-000398 Amendment to Financial Policy Resolution amending financial policies adopted bv Resolution O2S521 and providing financial policy direction on preparation cf the Annual Budgets. Attachments: Agenda.Memo for Resolution re Finance Policy.Amendment nx~o,^�, BRIEFINGS TO CITY COUNCIL: (NONE) The following items are for Council's informational purposes only. No action will botaken and no public comment will bosolicited. LEGISLATIVE UPDATE: (ITEM 41) 41. 13-000399 Status Report on Legislative Issues S. ADJOURNMENT Corpus Christi Page 16 Printed on 41291201 I W. AGENDA MEMORANDUM for the City Council Meeting of April 30, 2013 DATE: April 23, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV @cctexas.com (361) 826 -3246 UPDATE TO CITY COUNCIL Update on Development Services STAFF PRESENTER(S): Name Title /Position Department 1. Mark Van Vleck, PE Director Dev Services OUTSIDE PRESENTER(S): Name Title /Position Organization 1. None BACKGROUND: Provide an update on actions that have been taken in Development Services over the past year and the results of those actions. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation a, Monday, April 22, 2013 A. B 1411 Corpus Christi Meeting Minutes - Final City Council 8:30 AM SPECIAL COUNCIL MEETING CALL MEETING TO ORDER. I :111]1 WWI Ia Mayor Martinez called the meeting to order at 8:35 am. 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers City Secretary Armando Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Carlos Valdez, and City Secretary Armando Chapa. Note: Council Members Priscilla Leal, David Loeb, and Lillian Riojas arrived during the executive session. Present: 9 - Council Member Kelley Allen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Marti nez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza EXECUTIVE SESSION: (ITEM 1) Mayor Martinez read Executive Session Item No. 1. The Council went into executive session. 1. Executive Session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment and duties of the City Auditor with possible discussion and action in Open Session. The council returned from executive session. Mayor Martinez announced that no action would be taken on the executive session. D. PUBLIC COMMENT E. ADJOURNMENT Mayor Martinez asked for public comment. There were no comments. There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 11:55 am. Corpus Christi Page 1 Printed on 412412013 Cyr PH v AGENDA MEMORANDUM aRPOa,E Future Item for the City Council Meeting of April 23, 2013 1852 Action Item for the City Council Meeting of April 30, 2013 DATE: April 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Gustavo Gonzalez, Director of Water Operations ustavoo cctexas.co (361) 826 -1874 FIRE HYDRANTS CAPTION: Motion approving a Supply Agreement with HD Supply Waterworks, Corpus Christi, Texas for fire hydrants in accordance with Bid Invitation No. BI- 0104 -13 based on lowest responsible bid for an estimated annual expenditure of $114,139.70, of which $28,534.93 is required for FY 2013. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds are available from Warehouse Stores for FY 2012 -2013. PURPOSE: The fire hydrants will be purchased into Warehouse Inventory and used by the Water Department for new and replacement installations. BACKGROUND AND FINDINGS: The Water Department determines locations for new fire hydrants based on various factors, including development of an area and proximity to existing hydrants. Worn and damaged hydrants are replaced as required. ALTERNATIVES: Not applicable. 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. DEPARTMENTALCLEARANCES: Water Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,579,691.00 $85,604.77 $2,665,295.77 Encumbered / Expended Amount $1,250,420.81 $0 $1,250,420.81 This item 1 $28,534.93 1 $85,604.77 $114,139.70 BALANCE 1 $173007735.26 1 1 $173007735.26 Fund(s): Stores Fund Comments: The $28,534.93 financial impact shown above represents three months of expenditures that will be encumbered through the end of this fiscal year. The remaining $85,604.77 for the last nine months of the contract will be requested during the normal FY 2013 - 2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: TOM RICHEY COUNCIL DATE: APRIL 23, 2013 BID TABULATION NO. BI- 0104 -13 FIRE HYDRANTS TOTAL $114,139.70 $117,918.98 $125,395.00 $145,528.20 QTY. HD SUPPLY Corpus Christi, TX TITAN PIPE Corpus Christi, TX FERGUSON Corpus Christi, TX MORRISON San Antonio, TX PRICE EXTENDED PRICE EXTENDED PRICE EXTENDED PRICE EXTENDED ITEM #1 15 $1,296.50 $19,447.50 $1,300.22 $19,503.30 $1,420.00 $21,300.00 $1,651.55 $24,773.25 ITEM #2 20 $1,327.50 $26,550.00 $1,379.96 $27,599.20 $1,465.00 $29,300.00 $1,695.75 $33,915.00 ITEM #3 20 $1,360.50 $27,210.00 $1,412.35 $28,247.00 $1,495.00 $29,900.00 $1,732.00 $34,640.00 ITEM #4 15 $1,390.00 $20,850.00 $1,445.58 $21,683.70 $1,525.00 $22,875.00 $1,772.25 $26,583.75 ITEM #5 8 $1,420.90 $11,367.20 $1,477.96 $11,823.68 $1,560.00 $12,480.00 $1,812.50 $14,500.00 ITEM #6 6 $1,452.50 $8,715.00 $1,510.35 $9,062.10 $1,590.00 $9,540.00 $1,852.70 $11,116.20 TOTAL $114,139.70 $117,918.98 $125,395.00 $145,528.20 Cyr AGENDA MEMORANDUM oPOa EO Future Item for the City Council Meeting of April 23, 2013 1852 Action Item for the City Council Meeting of April 30, 2013 DATE: April 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ike cctexas.com 361- 826 -3169 Eddie Ortega, Director of Neighborhood Services eieo cctexas.co 361- 826 -3234 Lead -Based Paint Hazard Consultant CAPTION: Motion approving a service agreement with Jeff Zunker Specialty Products, Inc. dba Astex Environmental Services, San Antonio, Texas for lead -based paint hazard consultant services in accordance with Request for Proposal (RFP) No. BI- 0089 -13, based on lowest responsible proposer for an estimated annual expenditure of $57,202. The term of the service agreement will be for twelve months with and an option to extend the agreement for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager or designee. Funds have been budgeted by the Neighborhood Services Department in FY 2012- 2013. PURPOSE: This contract will provide for hazard consulting services for lead -based paint throughout the year. BACKGROUND AND FINDINGS: The Neighborhood Services Department assists homeowners with rehabilitation work using federal funds from the Department of Housing and Urban Development and is required to comply with lead based paint regulations on any house built prior to 1978. The consultant will perform annual risk assessments on approximately 15 privately owned single family residential houses, where assistance is being provided to the homeowner through the Rehabilitation Loan Program and perform comprehensive lead -based paint inspection on approximately 25 privately owned single family residential houses where assistance is being provided to the homeowner through the Emergency Home Repair Grant Program. If lead is found, the consultant will develop acceptable abatement or interim control specifications for abating lead based paint or reducing identified lead -based paint hazards, perform clearance testing and re- evaluations, project monitoring, provide an Occupant Protection Plan, document and approve the completion of lead -based paint hazards control activities, and submit close -out documents. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The contract allows for discounts for multiple orders. CONFORMITY TO CITY POLICY: This award conforms to all State statutes and City Policy governing procurement. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Neighborhood Services Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $316,125.00 0 $316,125.00 Encumbered / Expended Amount 0 0 0 This item 1 57,202.001 0 1 577202.00 BALANCE 1 $2587923.00 1 0 1 $2587923.00 Fund(s): CDBG Grants, CC Community Improvement Corporation Comments: The ongoing contract is contingent upon all future budget appropriations. RECOMMENDATION: Staff recommends award of the contract as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement H Z J D Z O LU oo, W O Q co Go O Q W _ CO U m Z_ � LL Q �W v ^ ) Q m Q W J Z O Z 5; O O U Z Q J = O C/) — U W a D LU O � � p m J LL Q � — O U p Z } Z 0 5 Lu O U a cn U U x J X J N O O � O N L a E � U Q 0 cn � Q W O U U 52 � L -0 N 0- O X > O , O O O W .0 U Q Q -0 C/) N � U N Z O a U W 0 w H O 0 0 0 0 0 0 0 0000 O O I` O� O O O O U� LO N H O O L C7 co I` ti C7 "T 00 CL N N 00 -0 6c> 6c> N Q 70 O U •U N � X ^L LL W (6 Z O a U W 0 w H O 0000000 0000 O 0 O O I` LO 0 U LO O LO LO LO N LO N cn 3 Q O U •U � O ^L LL (6 N LO 0 0 O LO LO 0 0 0 I` LO O O 00 C7 N CO I` O 00 � N (1) C7 C6 N N N U CD 7 U O M U) U U O N O 70 � >- L •U L , C X OL O . W O� N U) U a D 'O LO LO000mm U rnrnrnLO L �� LO 'IT m m m ti C: .� CO I` ti N LO E (6 X a� a� O 6c3 u (U C/) C (D •U ( (D C 0— Q (6 O L _0 Z. _0 O N 0 0- 0 LU LU LU LU W W W W W W W LO LO LO LO LO LO if) 051 N Z O a U W 0 w H O O U N Q U � O (6 0 N N U 7 U O M U) U U O N O 70 � >- m Q , C (U O . (D �_ J O� N U) U a D 'O O O 70 U to L 0 N (D O U O Q LL Q C: .� a o-p U E (6 X a� a� O a� a� �. o u (U C/) C (D ( (D C 0— Q (6 O _0 Z. _0 O N 0 0- 0 n UOc (D Q (6 < U L N O N ti Q 0 H 61 k SERVICE AGREEMENT HAZARD CONSULTANT FOR LEAD -BASED PAINT Service Agreement No. THIS HAZARD CONSULTANT FOR LEAD - BASED PAINT Agreement (this "Agreement ") is entered into by and between Jeff Zunker Specialty Products dba Astex Environmental Services (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide HAZARD CONSULTANT FOR LEAD - BASED PAINT in response to RFP No. BI- 0089 -13 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide HAZARD CONSULTANT FOR LEAD -BASED PAINT in accordance with RFP No. BI- 0089 -13. 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one year thereafter. The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Risk Manager. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5.Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Risk Manager will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. FA of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31S), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or RFP No. BI- 0089 -13, or the Contractor's proposal in response to RFP No. BI- 0089 -13 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Risk Manager. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in RFP No. BI- 0089 -13. Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter: Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. r A payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand- delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Risk Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Jeff Zunker Specialty Products Inc dba Astex Environmental Services Contact Jeff Zunker Address: 139 Braniff Drive City, State, San Antonio TX 78216 -3302 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of 20' (3. Contractor: Jeff Zunker Specialty Products, Inc. dba Astex Environmental Services Jeff Zunker Title: Pre ident CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Date Assistant Director of Financial Services APPROVED THIS DAY OF , 20_. CARLOS VALDEZ, CITY ATTORNEY Douglas. DeFratus Assistant City Attorney Incorporated by Reference: Exhibit A: RFP No. BI- 0089 -13 Exhibit B: Proposer's Proposal 7 SC o° AGENDA MEMORANDUM Future item for the City Council Meeting of April 23, 2013 2 Action item for the City Council Meeting of April 30, 2013 �s�� Y 9 p DATE: April 23, 2013 TO: Ronald L. Olson, City Manager FROM: Mike Barrera, Assistant Director of Financial Services mikeb cctexas.co (361) 826 -3169 Gustavo Gonzalez, Director of Water Operations GustavoGo _cctexas.com 361- 826 -1874 Purchase of Motor Starters CAPTION: Motion approving the purchase of six (6) MX3 motor starters from Curtiss Wright/Benshaw Flow Control Company of Pittsburgh, PA based on sole source, for a total amount of $95,892.00. Funds are budgeted in FY 12 -13 Water Fund. PURPOSE: The starters energize the motors that drive the booster pumps at the Mary Rhodes Pipeline, Lake Texana pump station. BACKGROUND AND FINDINGS: Benshaw does not support the technology currently installed in the motor starters at the Lake Texana booster pump station. The existing starters were installed in 1997 and have outlived their service life. This upgrade will replace the starters with the current technology. ALTERNATIVES: None. OTHER CONSIDERATIONS: These starters are an integral component of the pumping system at the Lake Texana pumping station and Curtiss Wright/Benshaw Flow Control Company is the sole manufacturer of these parts. CONFORMITY TO CITY POLICY: The starters are being purchased as an exemption from the competitive bidding statute as captive replacement parts. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $110,106.55 $110,106.55 Encumbered / Expended Amount $13,106.55 $13,106.55 This item $95,892.00 $957892.00 BALANCE $17108.00 $17108.00 Fund(s): Water Comments: The $95,892.00 financial impact shown above represents a single expenditure that will be encumbered through the end of this fiscal year (FY12 -13). RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER - TOM RICHEY ITEM DESCRIPTION MX3 Motor Starters Including installation, startup and testing. Price Sheet Curtiss Wright / Benshaw Pittsburgh, PA QTY. I UNIT I Price I Price each 1 $15,982.00 $95,892.00 TOTAL: I 1 1 $95,892.00 Cyr AGENDA MEMORANDUM oPOa EO Future Item for the City Council Meeting of April 23, 2013 1852 Action Item for the City Council Meeting of April 30, 2013 DATE: April 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Gus Gonzalez Director of Water Operations ustavoGo cctexas.com (361) 826 -1874 Purchase of Security Access System for O.N. Stevens Plant CAPTION: Motion approving the purchase of a security access system for the O.N. Stevens Water Treatment Plant from Total Protection Systems, Inc., Corpus Christi, TX, based on sole source, for the amount of $297,178.68. Funds are available from the Water Dept. CIP Fund No.4088. PURPOSE: The Security System will provide access control through card readers, with intercoms and camera monitoring at all gates, and general area monitoring at the front gate and parking lot. The system will be monitored and controlled by the Water Plant staff in the Filter Building Control Room. BACKGROUND AND FINDINGS: The additional security hardware and associated supporting infrastructure are being installed as the result of a redesigned main parking lot, and points of entry and exit to the Plant. The access control hardware being installed will be connected to and controlled by software currently running throughout the City. New video cameras will be connected to the existing digital video recorders and further enhanced by a new virtual matrix switcher for improved user functionality. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Total Protection Systems, Inc. has installed security access systems at various City Facilities over the past ten years. They are considered a sole source provider of the City's Security access systems due to software and hardware compatibility requirements. CONFORMITY TO CITY POLICY: The security access system is purchased as an exemption from the competitive bidding statutes as a sole source. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $672,652.85 $672,652.85 Encumbered / Expended Amount $277,051.21 $277,051.21 This item $297,178.68 $297,178.68 BALANCE $98,422.96 $98,422.96 Fund(s): Water Fund Comments: The $297,178.68 financial impact shown above represents payments that will be encumbered through the end of this fiscal year. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER - TOM RICHEY ITEM DESCRIPTION Security access system to include gates, access readers, video monitors, installation and testing . Price Sheet Total Protection Systems Corpus Christi, TX QTY. I UNIT Price Lot 1 $297,178.68 $297,178.68 TOTAL: I 1 1 $297,178.68 Cyr PH v AGENDA MEMORANDUM aRPOa,E Future item for the City Council meeting of April 23, 2013 1852 Action Item for the City Council meeting of April 30, 2013 DATE: March 28, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods cctexas.com 886 -2604 Approval to submit a grant application to the Automobile Burglary and Theft Prevention Authority to continue the motor vehicle theft enforcement grant in the Police Department CAPTION: Resolution authorizing the City Manager or designee to submit a grant application in the amount of $640,040 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 13 with a City cash match of $468,495, in -kind match of $52,045, and program income match of $7,359 for a total project cost of $1,167,939 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: The City must apply for these funds each year. BACKGROUND AND FINDINGS: The City of Corpus Christi is applying for Year 13 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through a monthly fee of $2 on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well as other crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased by 71% from 1,515 to 443 in 2012. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In -kind contributions include office supplies, copy machine, and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for three sworn officers who are funded and currently work in the auto theft and auto burglary bureau. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 20 plus years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 475,8541 475,854 BALANCE 1 475,8541 475,854 Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Grant application Resolution Authorizing the City Manager or designee to submit a grant application in the amount of $640,040 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 13 with a City cash match of $468,495, in -kind match of $52,045, and program income match of $7,359 for a total project cost of $1,167,939 and authorizing the City Manager or the City Manager's 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: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $640,040 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 13 with a City cash match of $468,495, in -kind services of $52,045, and a program income match of $7,359, for a total project cost of $1,167,939 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Automobile Theft Prevention Authority. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor K Corpus Christi, Texas of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott _1dEh_ MAL AUTOMOBILE BURGLARY & THEFT P RU—P U Application for State A KU I HU1111 Y Form ABTPA-104 (01/12) 1. For ABTPA Use Only 3. a. Date Submitted b. Applicant Identifier 2. State Program Classification (For ABTPA Use Only) 4. a. Date Received by State lo. State Application Identifier 5. Applicant Information a. Legal Name: c. Organizational Unit: CITY OF CORPUS CHRISTI POLICE DEPARTMENT CORPUS CHRISTI AUTO THEFT TASK FORCE b. Address (give street or P. O. Box, City, County, State, and Zip Code) cl, Name and telephone number of person to be contacted on matters 321 JOHN SARTAIN STREET involving this application (give area code) CORPUS CHRISTI, TX 78401 PAULAKAY OLIVAREZ 361,886.2872 6. State Payee Identification Number: 7. Type of Applicant (enter the appropriate letter in box) A. State H. Independent School District B. County I. State Controlled Institution of Higher Learning 1746000574-01 C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Nonprofit Organization G. Special District N. Other (specify): 8. Type of Application: 9. Name of Grantor Agency: ❑ New Z Continuation ❑ Revision Texas Automobile Burglary & Theft Prevention Authority If Revision, check appropriate box(es). 4000 Jackson Avenue ❑increase Award ❑ Decrease Award Other (specify) Austin, Texas 78731 Phone: (512) 374-5101 ❑ Increase Duration FIDecrease Duration Fax: (512) 374-5110 Website: www.txwatchyourcar.com 10. Title of Project: 11. Areas of Project Activities (Cities, Counties, States, etc.) CORPUS CHRISTI AUTO THEFT AND BURGLARY PREVENTION GRANT CORPUS CHRISTI, NUECES COUNTY 12. Proposed Project 113. Is application subject to review by state executive order 12372 process? Start Date: 09/01113 ❑ YES, this application was made available to the Texas Review and Ending Date: 08131/14 Comment System (TRACS) for review on Date:; F] Program is not covered by E. O. 12372 14. Funding Summary: Total of a, b, & c must agree with d. Note: Please enter whole dollars for the amounts requested. E] Program has not been selected by state for review NO a. Total State Grant Funds $ 640,040 Requested (ABTPA) 15. Is the applicant delinquent on any federal debt? b. Cash Match $ 475,854 c. In-Kind Match $ 52,045 YES If "Yes" attach an explanation NO d. TOTAL(s) $ 1,167,939 16. To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded, a. Typed name of Authorized Official RON OLSON d. Signature of Authorized Official b. Title CITY MANAGER c. Telephone Number 361-826-3220 ABTPA -1of30 e. Date Signed zm=F ZEM Item 1. Does this assistance request require state, local, regional, or other priority rating? [-]Yes MNo Item 2. Does this assistance require state, or local advisory, educational, or health clearance? ❑Yes MNo Item 3. Does this assistance request require state, local, regional, or other planning approval? MYes ❑No Item 4. Will the assistance requested serve a federal installation? ❑Yes ZNo Item 5. Will the assistance requested have an impact or effect on the environment? ❑Yes NNo Item 6. Will the assistance requested cause the displacement of individuals, families, businesses or farms? PA-104 iY &THEFT PREVENTION AUTHORITY Form ABT(01112) 'PROVAL INFORMATION Name of Governing Body Priority Rating Name of Agency or Board (Attach Documentation) Name of Approving Agency CITY OF CORPUS C Name of Federal Installation Federal Population Benefiting from -Project See instructions for additional information to be provided. Number of Individuals Families Businesses Farms Item 7. Is there other related assistance on this See instructions for additional project (previous, pending, or anticipated)? information to be provided. ❑Yes XNo ABTPA-2 of 30 Aft AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY Travel Form ASTPA -1°4 � 17,359 {41/12j D Equipment BUDGET SUMMARY 220,865 219,855 6 E Supplies and Direct Operating Exp. 69,400 247,630 14,019 Section A - Budget Summary 247,630 I z Budget Categories (1) (2) 8 (3) (4) Total Program Income 0 ABTPA Cash TOTAL 52,045 In -Kind Total 475,854 d 1,167,939 Funds Match Match D u B E 14,019 14,019 e TOTAL MATCH 527,899 1 A Personnel (Direct Salaries) 343,221 220,865 38,026 602,112 2 A Personnel (Fringe Benefits) 6,564 247,6130 254,194 3 B Professional and Contractual Services 4 C I Travel 10,000 7,359 17,359 5 D Equipment 210,855 220,865 219,855 6 E Supplies and Direct Operating Exp. 69,400 247,630 14,019 83,419 247,630 Total Direct Charges (sum of 1-6) 640,040 475,854 52,045 1,167,939 8 F Indirect Costs Total Program Income (available) $ 7,359 $ TOTAL 52,045 TOTALS isrmar�.al 640,040 475,854 52,045 1,167,939 Section B - Cash and/or In -Kind Match Enter separately each source of matching funds and the amounts. Total Match must agree with the total of Line 9, Column 2 and Column 3 above and the total of lines 14 (b) and (c) on ABTPA -1. CASH TOTAL Source Amount Source Amount SALARIES AND OT 220,865 220,865 FRINGE 247,630 247,630 PROGRAM INCOME (To be utilized.) TOTAL 468,495 Total Program Income (available) $ 7,359 IN -KIND (Total must agree with ABTPA -1, Line 14c.) TOTAL 52,045 Source Amount Schedule Amount A 38,026 D 38,026 B E 14,019 14,019 i TOTAL MATCH 527,899 ABTPA -3 of 30 AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY Form ASTPA-1 04 �ft (01/12) SCHEDULE PERSONNEL 1. Direct Salaries 1 (1) (2) (3) (4) Title or Position % of -Salary ABTPA Funds Cash Match In-Kind Match TOTAL (A) LIEUTENANT 100 77,364 Retirement 1 14.80% 77,364 (13) DETECTIVE 100 71,847 Insurance 71,847 (C) DETECTIVE 100 71,847 Other: (Explain) @ 71,847 (D) DETECTIVE 100 27,864 65,171 65,171 (E) DETECTIVE 100 254,194 856,306:] 71,847 71,847 (F) DETECTIVE 100 71,847 71,847 (G) GRANT ADM/PROJECT MGR 100 36,321 36,321 (H) ANALYST 100 38,850 38,850 (1) INTAKE SPECIALIST 100 30,648 30,648 (J) NICB SPECIAL AGENT 50 38,026 38,026 (K) (L) (M) (N) Overtime 16,344 12,000 28,344 TOTAL Direct Salaries 950 343,221 220,865 38,026 602,112 2. Fringe Benefits ABTPA-4 of 30 % of $ Rate FICA @ 7.65 6,564 36,588 43,152 Retirement 1 14.80% 83,485 83,485 Insurance 99,693 99,693 Other: (Explain) @ 27,864 27,864 TOTAL Fringe Benefits TOTAL PERSONNEL BUDGET 6,564 349,785 247,630 468,495 L ._ 38,026 254,194 856,306:] ABTPA-4 of 30 AUTOMOBILE BURGLARY &THEFT PREVENTION AUTHORITY FormABTPA-104 SCHEDULE A PERSONNEL NARRATIVE 1. Attach a description of the duties or responsibilities of each position. (Job posting can not substitute for descriptive narrative for each position.) • Include only one position per line. • Percentage of salary to be funded by grant funds. • Should reflect employee's gross salary attributable to the project. • Include percent of time on auto theft for each position. (40 hours per week) GRANT PERSONNEL: 1) LIEUTENANT. Serves as the supervisor for the task force. Coordinates all t administration on all auto theft and auto burglary matters. Oversees bait v( operations and responses. Ensures goals and objectives of grant are met. 1 2) DETECTIVE: Works on all proactive and reactive investigations, cases and I enforcement agencies for multi-juri5clictional cases. Performs work on all g( 3) DETECTIVE: Works on all proactive and reactive investigations, cases and I enforcement agencies for multi-jurisdictional cases. Performs work on all g( 4) GRANT ADMINISTRATOR: Facilitates all aspects of the auto theft grant thr( regulation of the grant application and budget. Serves as a liaison to City Hi enforcement agencies and media. Ensures ABTPA grant compliance. Deveh program. Assists in performance of grant goals and objectives. 100%, $363 stigations and communicates with police am, proactive and reactive initiatives, field ua Coordinates with other law as. Coordinates with other law year. Responsible for the development and idmi Police Department, AB9TA,area law ites and deliver a full scale public awareness ` 5) CRIME ANALYST, Collects crime data specific to auto burglary and auto theft to identifytrends and patterns for departmental personnel. Prepares reports as requested by supervisor and auto theft personnel. Creates database of local auto crime thieves for the use of detectives. Performs work on goals and objectives of the grant. 100%, $38,850, 100% 6) INTAKE SPECIALIST: Semeascustomeruerviceepesentative for the ATTF for civilians and law enforcement, Performs daily entry of all stolen and recovered vehicles. Completes offense and supplemental reports from victims. Answers calls and keeps detectives informed of leads and information. Assists in performance of grant goals and objectives. 100%, $30,648, 10090 ' CITY MATCH PERSONNEL: 1) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses, Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work om all goals and objectives of the grant. 0%,S65'171,100% 2) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work um all goals and objectives of the grant. D%, $71,847, 100% 3) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi-jurisdictional cases, Performs work on all goals and objectives qf the grant, 00/o,$71,847,100% |NKINDPEBSONNEL: 1) NICB SPECIAL AGENT: In collaboration with the NICB, a Special Agent will be placed under the Auto Theft Task Force, ABTPA-5of30 ae� ®u AUTOMOBILE BURGLARY & THEFT PREVENT101 2. Fringe Benefits Narrative (Describe fringe benefits and how expenses were calculated), FICA= CASH MATCH SALARIES: $220,865 x 7.65 %= $16,896 ABPTA SALARIES: $343,221 x 7,65 %= $26,256 TOTAL= $43,152 MINUS FRINGE BENEFITS (25%)= $6,564 BALANCE OF FRINGE IN CASH MATCH = $36,588 RETIREMENT: TOTAL SALARIES: $564,086 x 14.80% = $83,485 INSURANCE: GROUP INSURANCE: $8,442 x 9 STAFF = $75,979 SELF INSURANCE: $2,635 x 9 STAFF = $23,714 TOTAL= $99,643 OTHER: PLAIN CLOTHES: $900 PER YEAR x 6 DETECTIVES = $5,400 CLEANING: $720 PER YEAR x 6 DETECTIVES = $4,320 EDUCATION PAY: VARIES BETWEEN DETECTIVES = $7,752 LONGEVITY PAY: VARIES BETWEEN DETECTIVES = $5,48 VISION: $7 x 12 MONTHS x 6 DETECTIVES = $504 SUPPLEMENTAL: $10x 12 MONTHS x 6 DETECTIVES= $720 DENTAL: $45 x 12 MONTHS x 6 DETECTIVES = $3,240 TOTAL = $27,864 ABTPA -6 of 30 4 AUTHORITY Fa�rmABTP (O1112) Ji2j AUTOMOBILE BURGLARY & Ti4FFT P1 SCHEDULE A - REQUIRED NARRATIVE: Provide a brief s 1. Include description of work activity to be 2. Estimate number of hours and cost for or Work to be performed with overtime hours are proactive operations, reactive assessor operations occur in the evening as well as large case breaks and require detectives to public awareness events occur in the evening and weekend hours. The Corpus Christi maximum allowed limit of 5% of ABTPA salaries which equals to $16,344,00. This amc presentations, operations and call out investigations, ABTPA-7 of 30 4 AUTHORITY Form ABTPA-1 04 (01112) kTIVE rtime funds. eats and public awareness, Most covert Nork outside the normal business hours. Most Auto Theft Task Force is asking for the unt will cover overtime hours for public Pda %.urG�r AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY �orma�TP 1 /12) {otlt �} SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES (�} (2) (3) (4) Description of Service ABTPA Cash In -Kind TOTAL Funds Match Klatch (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) TOTAL PROFESSIONAL AND CONTRACTUAL SERVICES ABTPA -8 oaf 34 AUTOMOBILE BURGLARY&THEFT PREVENTION AUTHORITY FormABTPA-to4 Yaur SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES NARRATIVE REQUIRED NARRATIVE: Briefly describe any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each line item. Professional services (such as consultants, trainers, counselors, evaluators, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, if any. ABTPA -9 of 30 �v _- AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY SCHEDULE C Farm ABTPA -roa (oast z) TRAVEL 1. In -State Travel (Specify clearly and use continuation pages if necessary) () (2) (3) (4) Purpose Destination ABTPA Funds Cash Match In -Kind Match TOTAL GRANT ADMIN MILEAGE 2000 x 51 1,050 1,050 ABTPA BRD MTG (2) AUSTIN, TX 2,037 2,037 ABPTA CNF /BRD MT 1 EL PASO, TX 5,584 5,584 TAVTI CNF/ BRD MT 1 HOUSTON, TX 2,379 1,509 3,888 IAATI CONFERENCE FT WORTH, TX 3,964 3,954 TCPA CONFERENCE COLLEGE STATION, T 835 836 TOTAL In -State Travel - 101000 7,359 17,359 2. Out -of -State Travel (Specify clearly and use continuation pages if necessary) (1) (2) (3) (4) Purpose Destination ABTPA Cash In -Kind TOTAL Funds Match Match TOTAL Out -Of -State Travel TOTAL TRAVEL BUDGET 10,000 7,359 17,359 ABTPA -10 of 30 AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY FormABTPA -104 Y�uC C� (01/12) SCHEDULE C TRAVEL NARRATIVE` REQUIRED NARRATIVE: Briefly describe the applicant's travel policy (i,e., mileage rates and per diem rates). Specify purposes for each item of travel. Break out costs of each in -state and each out -of -state trip to separately show the specific costs of transportation and per diem. Describe travel purposes an d expense calculations (example: purpose, number of participants, number of days /nights, costs for lodgingiper diem, transportation, parking, etc. ABTPA BOARD MEETINGS - AUSTIN, TX (1) BOARD MEETING /GRANT WORKSHOP TOTAL: $2037 HOTEL: 148 x 3 ROOMS x 2 NIGHTS = $648 3 PARTICIPANTS MEALS: 71 x 3'x 3 DAYS = $634 (1) BOARD MEETING/GRANTEE ADVISORYIIN'SURANCE FRAUD /BORDER SOLUTIONS HOTEL: 108 x 3ROOMS x 1 NIGHTS = $324 MEALS: 71 x 3 x 2 DAYS - $426 ABPTA CONFERENCE - EL PASO, TX HOTEL: 108 x 4ROOMS x 5 NIGHTS = $2160 BOARD MEETING /GRANT REVIEW MEALS: 51 x 4 x 6 DAYS= $1224 TOTAL: $5584 AIRFARE; 404 x 4 = $1600 4 PARTICIPANTS RENTAL CARS = $640 TAVTI CONFERENCE -HOUSTON, TX ABTPA BOARD MEETING TOTAL: $3888 4 PARTICIPANTS IAATI CONFERENCE - FORT WORTH, TX TAVTI BOARD MEETING HOTEL: 109 x 4 ROOMS x 5 NIGHTS =$2180 MEALS: 71 x 4 x 6 DAYS = $1704 HOTEL: 113 x 4 x 5 NIGHTS = $2260 MEALS: 71 x 4 x 6 DAYS = $1704 TCPA CONFERENCE - COLLEGE STATION, TX HOTEL: 140 x i ROOM X 5 NIGHTS = $500 TOTAL: $836 MEALS: 56 x 1 x 6 DAYS = $336 1 PARTICIPANT GRANT ADMINISTRATOR/ PROJECT MANAGER MILEAGE 2000 x.51 = $1050 TOTAL ABPTA FUNDS: $10,000 TOTAL CASH MATCH FUNDS: $7359 ABTPA-1 I of 30 AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY FormABTPA -104 r ® SCHEDULE D EQUIPMENT PURCHASES cap (2) (3) (4) Equipment Name or Description and Quantity (Do Not List Brand Names) ABTP'A Funds Cash Match In -Kind Match TOTAL (A) 5 TRUCKS 144,500 144,500 (B) 5 TINT AND ALARM 1,745 1,745 (C) 5 TOOL BOXES 1,250 1,250 (D) 5 STEP BARS 1,100 1,100 (E) MOBILE LICENSE PLATE READER 22,260 22,260 (F) METAL BUILDING FOR IMPOUND LOT' 40,000 40,000 (G) (H) W (K) (L) (M') (N) (0) (P) (Q) TOTAL EQUIPMENT PURCHASES 210,855 210,855 ABTPA -12 of 30 �a� mgr AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY formABTPA -104 (0vu) SCHEDULE Q EQUIPMENT NARRATIVE REQUIRED NARRATIVE: Briefly describe the use of equipment and the cost of each line item. A) (5) FORD F150 4x4 TRUCKS; ($144,500) 5 TRUCKS ARE NEEDED TO REPLACE 4 TRUCKS AND 1 CAR CURRENTLY IN OUR FLEET. THESE VEHICLES ARE OLDER AND ARE FREQUENTLY DOWN AT MAINTENANCE FOR REPAIRS NEEDED. TWO OF THESE VEHICLES ARE TEN YEARS OLD, ANOTHER 2 ARE NINE YEARS OLD AND THE LAST IS 6 YEARS OLD. *2003 DODGE RAM WITH 152,000 MILES *2003 FORD F250 WITH] 05,000 MILES *2004 FORD F150 WITH 96,500 MILES *2004 FORD MUSTANG WITH 80,004 MILES *2007 FORD F150 WITH 86,500 MILES FOUR OF THESE VEHICLES WILL BE SOLD AT AUCTION TO BE DEPOSITED INTO PROGRAM INCOME WHILE THE FIFTH VEHICLE WILL BE GIVEN BACKTO THE INSURANCE AGENCY IT IS BORROWED FROM. (2003 DODGE RAM) B) (5) TINT AND ALARM FOR PURCHASED TRUCKS: ($1,745) TINT AND ALARMS WILL BE NEEDED TO OUTFITTHE TRUCKS FOR UNDERCOVER OPERATIONS. C) (5) TOOL BOXES FOR PURCHASED TRUCKS: ($1,250) TOOLBOXES WILL BE NEEDED TO KEEP ALL TOOLS AND EQUIPMENT SAFE. TOOLS AND EQUIPMENT ARE UTILIZED BY DETECTIVES IN THE FIELD. D) (5) STEP BARS FOR PURCHASED TRUCKS: ($1,100) STEP BARS WILL BE NEEDED TO ASSIST IN TRANSPORATION OF DETECTIVES AND SUSPECTS BOTH IN AND OUT OF VEHICLES, E) MOBILE LICENSE PLATE READER: ($22,260) -A MOBILE LICENSE PLATE READER WILL ENHANCE OUR LPR PROGRAM BY ALLOWING US TO UTILIZE THIS EQUIPMENT DURING COVERT OPERATIONS AS WELL AS FIELD OPERATIONS. F) STEEL BUILDING FOR NEW IMPOUND LOT: ($40,000) CONSTRUCTION OF A NEW STEEL BUILDING IS NEEDED WITH THE MOVE OF THE CITY IMPOUND LOTTO A DIFFERENT LOCATION. CONSTRUCTION INCLUDES FOUNDATION AND STEEL BUILDING FOR HYDRAULIC LIFTTO INSPECT VEHICLES FOR CONFIDENTIAL VINE. ABTPA -13 of 30 AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY FormMTPA -104 It, Gaz (01/12) SCHEDULE E SUPPLIES AND DIRECT OPERATING EXPENSES Directly Charged Supplies and Other Operating Expenses ABTPA Funds Cash Match In -Kind Mitch TOTAL (A) OFFICE SUPPLIES 5,000 5,000 (B) COMMUNICATONS 12,480 12,480 (C) PUBLIC AWARENESS 5,000 6,000 (D) POSTAGE 500 500 (E) FUEL 20,000 20,000 (F) RENTAL SPACE 11,030 11,030 (G) AAA STORAGE 1,620 1,620 (H) COPIER SUPPLIES 2,989 2,989 (1) CONFIDENTIAL FUNDS 5,000 5,000 (J) MISC TOOLS 3,000 3,000 (K) VEHICLE MAINTENANCE 10,000 10,000 (L) REGISTRATION FEES 4,700 4,700 (M) BSM 1,100 1,100 (N) (0) (P) A TOTAL SUPPLIES AND DIRECT OPERATING EXPENSES 69 „400 14,019 83,419 ABTPA -14 of 30 AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHOIIITY Form ABTPA -104 SCHEDULE E SUPPLIES AND DIRECT OPERATING EXPENSES NARRATIVE REQUIRED NARRATIVE: Briefly describe the basis for arriving at the cost of each line item AND THE USE OF EACH ITEM. A) OFFICE SUPPLIES: ($5,000) - OFFICE SUPPLIES UTLIZED THROUGHOUT THE YEAR TO COVER USE WILL CONSIST OF, BUT NOT LIMITED TO: INK AND TONERS FOR ALL ATTF PRINTERS, PRINTER PART REPLACEMENTS, FAX MACHINE TONER„ PENS, PENCILS, MARKERS, BINDERS, PAPER, FOLDERS, STAPLES, PAPERCLIPS, PADFOLIOS, DIVIDERS, SHEET PROTECTORS, LABELS, ETC. (B) COMMUNICATIONS: ($12,480) - TO COVER CELL PHONE AND AIRCARD CHARGES NEEDED TO UTLIZE PHONES, LAPTOPS AND BAIT VEHICLES, 9 CELL PHONES x $60 DATA PLAN x 12 MONTHS = $6480 10 AIR CARDS x $50 DATA PLAN x 12 MONTHS = $6000 TOTAL = $12,480 (C) PUBLIC AWARENESS: ($6,000) - PUBLIC AWARENESS FUNDS COVER ADDITIONAL PROMOTIONAL ITEMS NEEDED THROUGHOUT THE YEAR, ADDITIONAL PAMPHLETS, MEDIA BUYS, BOOTH FEES AND PUBLIC AWARENESS SHIRTS. (D) POSTAGE: ($540) - POSTAGE NEEDED FOR REPORT MAILINGS AS WELL AS FLYER AND PAMPHLET MAILINGS. (E) FUEL: ($20,000) - PROJECTED FUEL COSTS FOR THE YEAR BETWEEN ALL DETECTIVE VEHICLES, PROMOTIONAL WRAP VEHICLE, BAIT VEHICLES AND LPR VEHICLE. (F) RENTAL SPACE: ($11,030) - INKIND MATCH OF OFFICE SPACE .6128 x 1520 SQFT x 12 MONTHS I (G) AAA STORAGE: (1,620) -STORAGE UNIT UTILIZED OFF SITE TO MAINTAIN ALL ABTPA INVENTORY OF ALL ABTTA ITEMS. (H) COPIER SUPPLIES: ($2,989) -IN KIND MATCH OF COPIER SUPPLIES UTILIZED BY ATTF THROUGHOUT THE YEAR (1) CONFIDENTIAL FUNDS: ($5,000) - FUNDS TO BE UTILIZED FOR CONFIDENTIAL INFORMANT INFORMATION USED FOR AUTO THEFT AND AUTO BURGLARY CASES. (J) MISC TOOLS: ($3,000) - TOOLS TO BE PURCHASED FOR USE BY DETECTIVES DURING FIELD OPERATIONS, INVESTIGATIONS AND ASSESSMENTS. (K) VEHICLE MAINTENANCE: ($10,000) - TO COVER COSTS OF ALL VEHICLE MAINTENANCE FOR ALL ATTF VEHICLES. (L) REGISTRATION AND MEMBERSHIP FEES: ($4,700) TAVTI: $150 x 9 = $1350 IAATI: $350 x 9 = $3150 TCPA: $200 x 1 = $200 (M) BSM WIRELESS: ($1,100) - MAINTENANCE AGREEMENT FOR 1 BSM TRACKER UNIT FOR 12 MONTHS. ABTPA -15 of 30 AUTOMOBILE BURGLARY & THEFT P PROGRAM NARRAT11 To be considered for funding, a proposed grant project: 1 . Must address a problem that is clearly identified, is meas 2, Must minimize duplication or overlapping of existing prog I Must have a design wherein the activities and objectives 4, Preferably should, but is not required to, be innovative in i considered innovative if it provides a new and different st intervenes, or stops a criminal act from occurring); 5. Must have a cost structure which is realistic when compa 6. Must cooperate and coordinate its activities with other ap 7 Must include a proposed evaluation design that provides r of the project and a plan for performing such evaluation; z 4 AUTHORITY (01/12) e and is supported by relevant statistical r �� alistic and attainable; �- =eptJ design/operation; (a project is '_— approach ~that prevents, deters, � o its goals; ent : data tomeasure the effectiveness G. Must include measurable objectives br reach the standard goals of the authority's mission, listed below for each category of funding: Standard Goals for Categories Listed Below: The categories below reflect more enforcement activity, thus the suggested goals are directed more towards similar activities. (T01) Law enforcement, detection and apprehension; (T03) Prevention, anti-theft devices and automobile registration; (T04U Reduction qf the sale ofstolen vehicles and parts Goal 1: Reduce the incident of Motor Vehicle Theft. Goal 2: Reduce the incident of Theft from e Motor Vehicle, Goal 3: Public Awareness methods used toeducate the citizens of Texas and training ufqualified personnel in the detection and prevention of auto burglary &theft. Goal 4� Help increase the recovery rate of stolen motor vehicles Goal 5: The number of persons arrested from motor vehicle theft. Goal 8: The clearance rate of motor vehicle thefts (3e8/7: Prevent the incident of fraudulent titles and registration of stolen vehicles, Goa|8: Reduce the incident of automobile insurance fraud. 0[U2> Prosecution, adjudication and conviction Goal 1:Prosecute auto burglary 8theft cases aapresented by law enforcement. Goal 2: Accept referrals onad least auto burglary & theft cases as presented. Goal 3: Obtain indictments involving organized auto theft rings and/or insurance fraud. Goal4: Obtain convictions on auto burglary& theft cases, (TO5} Public awareness and crime prevention Goa 1: Public Awareness methods used to educate the citizens of Texas and training of qualified personnel in the detection and prevention of auto burglary &theft. Goal 2: Assists ABTPA grantees with public awareness activities across the state. Goal 3: Raise awareness of vehicle crimes and knowledge of prevention methods. A0PA-17of 30 PROJECT BUDGET ESTIMATE Corpus Christi Ship Channel Gas Main Crossing (Project No. E12130) Future Item April 23, 2013 Action Item April 30, 2013 PROJECT FUNDS AVAILABLE: Gas CIP FY 2012 - 2013 .......................................................... ............................... Gas CIP FY 2013 - 2014 .......................................................... ............................... TOTAL................................................................................ ............................... FUNDS REQUIRED: Construction (preliminary estimate) .......................................... ............................... Contingency( 10%) ................................................................ ............................... Engineer Fees: Engineer (HDR Engineering) .................................................. ............................... Geotechnical Study and Testing ( TBD) ....................................... ............................... Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... Finance............................................................................... ............................... $379,600.00 295,200.00 $674,800.00 $436,200.00 43,620.00 68,300.00 13,496.00 10,122.00 53,984.00 3,374.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... 3,374.00 TOTAL................................................................................ ............................... $632,470.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $42,330.00 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 HDR Engineering. Inc., a Nebraska corporation, with offices at 555 N. Carancahua Street, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (Arch itectlEng 1 neer — AIE), hereby agree as follows: 1. SCOPE OF.PROJECT Cor us Christi Ship Channel Gas Main Crossing Project No. El 2130 -- This project consists of the construction of approximately 2700 feet of high pressure gas main crossing the Corpus Christi Ship Channel just east of the Harbor Bridge paralleling the existing utilities in this area. The installation of this gas main will connect the city distribution system to the North Beach distribution system. By connecting the two systems, the reliability and capacity of the gas system on north Beach will be increased. 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 ", 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 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. Contract for Engineering (A!E) Services Page 1 of 3 K.kENGINEERING DATAEXCHANGELVELMAPIGAS1E12134 C. C. SHIP CHANNEL GA=ONSULTANT CONTRACT11 CONTRACT PROFESSIONAL SERVICES. DOC 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 AIE 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 $68,304, (Sixty Eight Thousand Three Hundred Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit ii/ P 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 A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi. Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. 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. Contract for Engineering WE) Services Page 2 of 3 K:IENGINEERING DATAEXCHANG£IVELMAP4GAS1E12130 C. C. SHIP CHANNEL GASICONSULTANT CONTRAMI CONTRACT PROFESSIONAL SERVICES.DOC 9. 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 AIE without the express written consent of the Director of Engineering Services. However, the AIE 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. 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED Daniel Biles, P. E., Date Director of Engineering Services Operating Department Date APPROVED AS TO FORM Office of Management Date and Budget ATTEST Armando Chapa, City Secretary Project No. E12130 Fund Source No. 550950 -4555- 00000- E12130 Fund Source Name Gas 2012B CIP Fd (Rev Bds) Encumbrance No, HDR ENGINE RING, INC. Carl E. Crull, P. E. Date Vice President 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78401 (361) 696 -3300 Office (361) 696 -3385 Fax APR 0/12013 v Contract for Engineering WE) Services Page 3 of 3 KaENGINEERING DATAEXCHANGEIVELMAPIGAS%E12130 C. C. SHIP CHANNEL GASICONSULTANT CONTRACT HDR ENGINEERINGII CONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT A CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI SHIP CHANNEL GAS MAIN CROSSING PROJECT NO. E12130 1. SCOPE OF SERVICES A. Basic Services. Basic Services will include the following: 1. Preliminary Phase. No preliminary Phase services are included in this contract. 2. Design Phase. The A/E will: a. Develop construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one set of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Prepare final quantities and estimates of probable costs. Provide 1 copy of pre -final plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. d. Provide Quality Assurance /Quality Control (QAIQC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant AIE and Sub - consultant A/E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. e. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. f. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for CORPUS CHRISTI SHIP CHANNEL CONTRACT FOR ENGINEERING SERVICES GAS MAIN CROSSING EXHIBIT A Page 7 of 6 January 2013 reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. g. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. h. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. L Provide a Storm Water Pollution Prevention Plan. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The AIE will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE's design phase estimate required above, the Engineerwill, at its expense, conferwith City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. The City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the AIE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. CORPUS CHRISTI SHIP CHANNEL CONTRACT FOR ENGINEERING SERVICES GAS MAIN CROSSING EXHIBITA Page 2 of 6 January 2013 c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The AIE will perform contract administration to include the following: a. Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. Regular site visits shall be defined as 1 visit per week of average duration of 4 hours for the anticipated five week construction duration. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. Review construction "red- line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications /estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. CORPUS CHRISTI SHIP CHANNEL CONTRACT FOR ENGINEERING SERVICES GAS MAIN CROSSING EXHIBITA Page 3 of 6 January 2013 B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Permitting. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. U.S. Army Corps of Engineers (USACE) Permitting A/E will prepare a U.S. Army Corps of Engineers (USAGE) permit application package for installation of the eight inch gas line. The USACE application package will include a cover letter that describes the proposed project and associated effects, plan -view and cross- sectional permit drawings, a Texas Commission on Environmental Quality (TCEQ) Tier I Checklist, and a Texas Coastal Management Plan (TCMP) Consistency Form. The USACE application package will be submitted to the City for review and comment. HDR will submit the permit application to USACE after receiving comments from the City and making associated revisions. A/E will coordinate with USACE in attempt to facilitate issuance of a Regional General Permit (SWG -1998 -02413 for directional.drilfing of pipelines under navigable waters) or a Letter of Permission. This will require responding to numerous inquiries and requests for minor information but does not include additional studies, field work, or other agency consultations. if USACE determines that an Individual Permit is required, additional fees may be necessary. Our understanding is that the pipeline will be installed within a 30 -foot easement that runs parallel and adjacent to an existing 50 -foot wide utility easement. The pipeline will be installed from uplands via horizontal directional drill (HDD). It is assumed that this project will not result in impacts to wetlands or sensitive habitats. Therefore, wetland delineations, habitat surveys, mitigation planning, and endangered species stud ieslconsultations are not included in this scope. Both the City and A/E agree that the permitting process is beyond the control of either party and that permits may not be issued. The City agrees to compensate the Engineer for applicable regulatory services regardless of whether or not permits are issued. CORPUS CHRISTI SHIP CHANNEL CONTRACT FOR ENGINEERING SERVICES GAS MAIN CROSSING EXHIBIT A Page 4 of B January 2013 2. PROJECT SCHEDULE PROPOSED PROJECT SCHEDULE DAY ACTIVITY 1 Council Approval 6 Begin Design Phase 59 Pre -Final Submittal 80 City Review 94 Final Submittal 111 Advertise for Bids (1) 118 Advertise for Bids (2) 120 Pre -Bid Conference 127 Receive Bids 161 Begin Construction 206 Construction Completion (1)Provided that the USACE permit is issued 3. FEES A. Fee for Basic Services. The City will pay the AIE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for,all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. For services provided in Section _ I.A.1 -4, AIE will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract, . City will make prompt monthly payments in response to AIE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the AIE a not -to- exceed fee as per the table below: CORPUS CHRISTI SHIP CHANNEL CONTRACT FOR ENGINEERING SERVICES GAS MAIN CROSSING EXHIBIT A Page 5 of B January 2013 C. Summary of Fees Fee for Basic Services 1. Preliminary Phase $0.00 2. Design Phase 36,700.00 3. Bid Phase 8,600.00 4. Construction Phase 14,000.00 Subtotal Basic Services Fees 59,300.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) U.S. Army Corps of Engineers(AUTHORIZED) 9,000.00 Sub -Total Additional Services Fees Authorized 9,000.00 Total Authorized Fee $68,300.00 CORPUS CHRISTI SHIP CHANNEL CONTRACT FOR ENGINEERING SERVICES GAS MAIN CROSSING EXHIBIT A Page 6 of 6 January 2013 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 Bodily Injury & Property Damage reduction in coverage or limits required Per occurrence - aggregate on all certificates or by policy endorsements .COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury/ Advertising Injur) AUTOMOBILE LIABILITY to include: 1. Owned vehicles 2. Hired — Non -owned vehicles UMBRELLA — EXCESS LIABIITY Must follow form PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 COMBINED SINGLE LIMIT Per Occurrence and in the aggregate $1,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT $2,000,000 per claim 1$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 Applicable to paid employees while on City property Which Complies with the Texas Workers Compensation Act 4 EXHIBIT �"Bgy Pa e 1 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" Pa e2of3 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 o �a C7' N C' O M N W co 7 d IY W a Z V M W O C G G Q Z Z v -6 w .2j H U� c p > a c a O V d 41 � (1 0O E a O C-) U_ CO C N N 7 v O .� '; IL C - C v O' a� 2 H O U N C Z .a E r 0 Z m E Q V Ev C O V *IR . 0 0.0 O T \° 0 L) \° 0 0 \° 0 0 . 0 0 M \° 0 LO N \° 0 00 \° 0 \ 0 O 0 * 00 0 0 \° 0 r T 0 0 O M 0 0 r T 0 0 CO N O O O o 0 o 00 U(r/i p❑ p 0 0 0 0 O L Q d L LO LO m m m m 0 V) a 0 T N y •� N 7+ N 64 r O L!_ li N a (/) a ? c � � 0 0 0 0 0 00 ❑ ❑ ❑� 0 0 0 a Ln Q w 66A, lA O O m m LO Ln ten! -O N o6 Q E +O+ CI L) aa� =aoCD n U)m¢F°- 613- 6c.� o6e Q 0 0 0 o a ❑❑ a❑ m m m L000 0 0 L N CD 6q t T Q O O N N( m O to Lo in [Y1 le LO q* 0 O U) N O r W P P P 't N A 0) r r le -Ri vi 6A ER 6$ 6s} 63 r 6R °69 ° 0 LO a I-- ❑ ❑ ❑ N N � LO a°4 iLn N a N (D �m Fm Cfl N Cfl O r r T r r r N 0 0 0 0 0 a a a ❑ ❑❑ a a a a V* © °o V� T m m m 04 r a r 64 69 60- N 60- O O O ❑ ❑ ❑ O O O O 0 0 LO LO a d F- F O 0 O O N N (O N N ( N OD 63 64 69 6i 64 6F} T EXHIBIT "C" Page 1 of 1 N N c m =3 m n`_© m U(r/i EXHIBIT "C" Page 1 of 1 N d CO N LL v N N y •� N 7+ N r O L!_ li N V (/) a ? c O N 0) c M Q �' .� m LL c O �' c ,o � O Q (� lA O O ten! -O N o6 Q E +O+ CI L) aa� =aoCD n U)m¢F°- EXHIBIT "C" Page 1 of 1 SUPPLIER NttfsiiStili •1,a OR A5fi1c71aPD tit'"iw'ITY Pt111Ct1ASINO DIVISION City of' CITY OF CORMS CHRISTI Cor �u5 DISCLOSURE OF INTEREST Christi City of Corpus Christ! ordinsllice 17112f ns smletidrd, rcciuires 1111 persl�last �r firllis . suOkift9 tee do btl:ainess with 11x1' City to provide tfae rtlllowilig ilil'ormat1011, l vt'ry llc16t1l111 11111st 11e Answvrgd, If the questiolt is clot applicable, answer with 'NA ". Scour revcrsc side for f-ilbig #ic�aiililclli�yrtts, CCnifir- pions and defillllions. COMPANY NAME: liDU Engluck -ring, lne. 11, 0. BOX: S'1'1tEVI' ADI HESS: $55 N. Carnocabun, Suile 1650 CITY: Corptals ChriAll Z11", 78478 I -IltM 1s. I. curpurallotl 2. parmersilip 3, 'suk owner (� 4. Associalim 5. 011wr 0 DISCLOSURE QUESTIONS 11'additional space is nemsarv, please use the reverse side of this pa or tattsicll separtnr shu ;t, 1. Stole lilt iiallics of ;'1ach r'employco" of tile Cily Ofr Corpus 91risti having all "owlivi'ship miarest" constituting 3% or more of the owsiershsp in the above mantes! " firm. N/A ame job'I'itic sills! City Dupcarimunt (irknown) 2, State 4114., ilsalltcs ofm1d) - 011,lcitil" ofihc i'ii1' Or C arpuro Christi Ilavill# sill " owourship ifilgroll, 4:011miusfing 3vu or mor>: of the owstl:rslilp 111'116' above 1mmud "111,111,,' Nsllne 1111c 11//1 3. State the names of each "board member„ of ilic City 01' Corpus tbhristi havilly, 1113 **owni:l-,sbip interest" constituting 3% or more of flic ownership ill the above siamud "firm," NIA tame Board, Commission or commitlic 4. Stine the sltilligs of each employes of 011wr of a "t:c,nsullisnt" for 111e City of cor�ptls Cllrigi who worked ctrl any ntettur relaw -d to 1hL salli w rtl' this contrtict tartd islls tell ` slwllcrship interest" constituting 3% or more of the owalerglt11) in the aibovc named Ntatrie Conslsltant NIA FILING REQUIREMEN'T'S If a person who re quests official action on a matter knows tllilt the requestetl action will confer i111 cconomic 1lenofit on any City official or ernploye;e 11111t is tiiatinguixhabla from the l ffect that the action will hove un n1011tbers of tile public in goperal or a substantial scgnlont thereof, you il11 disclose that fact ill a signcd writing to tllc C "it�l Official, employee, car body that has }�ccn requested to act in the hatter, tllliess tile interest of tike City officild or el» plovee in the nlntter is I i�atent. rho disclosure shall also be Meade it) a Signed ►writing filed with the pity 5ceretlkry, [pities Ordinance Section 2 -349 (cl)j la `l1`+11# � +gA�t,�1 ��N I certify that all ilkfiirrnatidin provided is erne and corset aS of ilea date of this stalenlent, tilts, f dove, not knowingly withhold dlisclosu a of any information requested. and that Suppicmc.11t:11 statements will be promptly submitted to the City ofCorptls Christi, "texas as Changes Occur, Certifying Person. Owl E. Crull, I'. E. Title: 'Vice President (YYpD or 111411) Signature of Ger iill Date: Person: DEFINITIONS DEFINITIONS It. "Board member." A member of any board, COnlnlission, or committee appointed by the City Council of the City of Corpus Christi.'l'e xas. b. "Econonlie beneiit All section tllat is likely to affect an ecenoinic iilicl-em if it is likely to ]love on effect oil 111111 interest that. is distinguishable from its e:f1ml on Illembers edf' tile public ill ganelrsll or a sulistslrititll segmctit thereof. "Employee." Any person employed by the City or corpus Christi, Texas eititer on a fills t,,, part -tiule basis; but not its till independent contractor. d. "Firim" Any untily opermedl for econOlnic gain, whether proressiomil, industrial or Commercial, and whether established to produce or deal with it product Or service, iilCluding but 1101 Billeted to, entities operated in the forth of sole: proprietorship, as sclf^omployetl person, pslrtllership, Corporation, joint stock Company, joint venttirc, rccciversbip or trust, iluci entities which for purposes of taxation are treated as non - profit orgnniritions, e. "Officisll." The Mayor, members of ilic City Callncil, City Manager, 04plity City, Manager, Assislam City Managers, Dupo mcnt ail(i l)ivisioil 1-ie:ndls, and Mllllicipal Colirt Judges of the City of Corpus Christi "texas. f, "Ownership Interest." Legal or equitable interest, w1mlier actually or consiructive:ly licicl, in it firm, including when such interest is held lhroagli on ageym, trust, entatc, or holding entity, "Constructively lu;ld" refers to holdings or control est€iblkllud through votills trusim, proxies, or special terms of vonturet or partnership agreements." g "Constillant." Ally person or firm, 5ugh im engineers and orchiivois, hired by llti City Of Corpm Christi for the purpose of`profemiuiiill eonsullathm and r4wolm (nidallon, exhE12130 PROJECT LOCATION R\�5 'a 7 CwO - $; LEOPA vE � s�tis 9,y \ fLF LOCATION MAP NOT TO SCALE Jam' Ship Channel HARBOR BLVD N\ e� C RESAA SA n o 9y 9 m r C VICINITY MAP NOT TO SCALE PROJECT #E12130 PROJECT SITE d 0�' VANN CITY COUNCIL EXHIBIT CORPUS CHRISTI SHIP CHANNEL CITY OF CORPUS CHRISTI, TEXAS GAS MAIN CROSSING DEPARTMENT OF ENGINEERING SERVICES = = PAGE: 1 of 1 W� Ga O� H AGENDA MEMORANDUM NoP ©p,EO Future Item for the City Council Meeting of April 23, 2013 1852 Action Item for the City Council Meeting of April 30, 2013 DATE: March 25, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles P.E., Director of Engineering Services DanB @cctexas.com 826 -3729 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com 826 -1972 Engineering Design Contract Amendment No. 1 J.C. Elliott Landfill Gas Collection and Control System Repairs CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Contract for Professional Services Agreement with SCS Field Services, of Virginia, in the amount of $77,000.00, for a re- stated fee not to exceed $177,400.00 for the J. C. Elliott Landfill Gas Collection and Control System Repairs. PURPOSE: A detailed assessment was performed in June 2012 of the wellfield to determine status of damaged wells, header and piping. Several Gas Collection Control System (GCCS) corrective actions were approved and implemented in late 2012 and early 2013. Upon completion of Phase I of corrective actions, several new issues impacting operation were identified and recommended for repair. The purpose of this Agenda Item is to authorize the proposed consultant for design and construction of corrective actions recommended as a result of Phase I. BACKGROUND AND FINDINGS: The proposed project will implement corrective actions to address deficiencies discovered in the Site's GCCS after completion of Phase I construction activities. The recommended actions include: Repair Leak in GCCS in Vicinity of Sump 5, Wellhead Assessment and Replacement activities, Sump 3 Replacement. This project will address atmospheric intrusions and overall improve the Landfill Gas Collection and Control System. K: \ENGINEERING \LEGISTAR \2 -APRIL 23 \JC ELLIOTT GAS COLLECTION AND CONTROL SYSTEM REPAIRS \AGENDA MEMO - JC ELLIOTT GAS COLLECTION CONTROL SYSTEM REPAIRS.DOCX SCS was selected for this project based on the Landfill Gas Collection and Control System Assessment at J. C. Elliot Landfill, Furthermore, they will be involved in the future project J. C. Elliott Gas Management to Energy, as listed in the RFQ 2011 -05. ALTERNATIVES: 1. Execute Amendment No. 1 with SCS Field Services as proposed. 2. Do not execute Amendment No. 1 with SCS Field Services as proposed. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding FY 2012 -13 Capital Improvement Plan Budget. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Solid Waste Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $177,400.00 $177,400.00 Encumbered / Expended Amount 100,400.00 $100,400.00 This item $77,000.00 $77,000.00 Future Expenditures 0.00 0.00 BALANCE 0.00 0.00 Fund(s): Sanitary Landfill 2006 CIP Comments: RECOMMENDATION: City staff recommends the approval of Amendment No. 1 with SCS Field Services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Certification of Funds PowerPoint Contract K: \ENGINEERING \LEGISTAR \2 -APRIL 23 \JC ELLIOTT GAS COLLECTION AND CONTROL SYSTEM REPAIRS \AGENDA MEMO - JC ELLIOTT GAS COLLECTION CONTROL SYSTEM REPAIRS.DOCX PROJECT BUDGET J.C. ELLIOTT LANDFILL GAS COLLECTION AND CONTROL SYSTEM REPAIRS Project No. E12108 April 23, 2013 FUNDS AVAILABLE: Sanitary Landfill 2006 CIP ......................................................... ............................... $ Future CIP Budget Request ................................................... ............................... _ TOTAL.................................................................................. ............................... FUNDS REQUIRED: Construction Estimate Base Bid ................................................ ............................... Contingencies( 10%) ............................................................... ............................... Design Fees: Engineers (SCS Field Services) .................................................. ............................... Engineers (SCS Field Services) Phase 1 ...................................... ............................... Geotechnical Engineering Testing ( estimate) ................................. ............................... Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ............ ............................... Engineering Services (Project Mgt /Construction Inspection /Traffic Mgt ) ............................. Finance................................................................................ ............................... . Misc. (Printing, Advertising, etc.) ................................................. ............................... TOTAL.................................................................................. ............................... 177,400.00 15,966.00 193,366.00 $0.00 0.00 77,000.00 100,400.00 2,661.00 3,991.50 6,209.00 2,217.50 887.00 $193,366.00 ESTIMATED PROJECT BALANCE ............................................. ............................... $ - File: \ Mproject \councilexhibits \exhE1210B.dwg NUECES BAY UP RIVER J� 4f 2-1 ROAD �hA N o �FOPgRI� chQ��P� LD mcy 3 IH37 z J U AGNES AGNES_ CORPUS HWY 44 o d MORGAN CHRISTI CORPUS � BAY o CHRISTI > o INTERNATIONAL wo C -� BEAR AIRPORT 9� W. POINT � 10 r U OSO CREEK � SRI Q� CABANISS F FIELD � f J. C. ELLIOTT LANDFILL F.M. 43 OD Q W cu Z O�0 .2� Q FM 2444 WN PROJECT # E12108 LOCATION MAP NOT TO SCALE J. C. ELLIOTT LANDFILL CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS GAS COLLECTION AND DEPARTMENT OF ENGINEERING SERVICES r CONTROL SYSTEM REPAIRS PAGE: 1 of 1 r MOM O C!) F� �V O � N O � U N U � W J O W N N t a N L .CL w E w N 0 i 0 ,i O � A � � CIO N � O U � Ct � N c O � � � � N 'ct u A V rl O O A u a� 'o u 'o co I� IN O U W O O O 46oq O O O 460q O O O O O O � •Le U) Q _ rr0�� V W I� IN O U W O O O 46oq O O O 460q O O O O O O ct N � H Kil , CITY OF CORPUS CHRISTI AMENDMENT NO. 'I CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City ", and SCS FIELD SERVICES hereinafter called "Engineer ", agree to the following amendments to the Contract for Engineering Services for J. C. Elliott Landfill Gas Collection and Control System Re airs Pro'ect No. E12108), as authorized and administratively amended by: Original Contract I October 9, 2012 1 Ordinance No. 029645 1 $100,400.00 In the Original Contract, Exhibit "A ", Section 2. Scope of Services, shall be amended to include Three Task as follows: 1. Repair Leak in GCCS in the vicinity of Sump 5 2. Wellhead Assessment and Replacement Activities 3. Sump 3 Replacement In the Original Contract, Exhibit "A ", Section 5. Fees, Fee Estimate shall be modified and is attached as Amend No. 1 Exhibit "A" for a fee not to exceed $777,000.00 (Seventy Seven Thousand Dollars and Zero Cents), for a total restated fee not to exceed $177,400.00 (One Hundred Seventy Seven Thousand Four Hundred Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "B ". All other terms and conditions of the October 9, 2012 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 FIELD SERVICES Oscar R. Martinez Date a ' zzacappa, P.E. Assistant City Manager r lo. ktmd Ax 1901 Central Drive, Suite 550 Bedford, TX 76021 -5872 (361) 571 -2288 Office (361) 571 -2188 Fax RECOMMENDED Davie! Biles, P. E., ate Dir or of Engineering Services d .N.2a perating Departmen Date AMEND. NO. 1 Page 1 of 2 K:IENGINEERING OATAEXCHANGE%ANGIEM4SOLID WASTE4E12108 JC ELLIOTT LANDFILL GAS COLLECTTION & CONTROL SYSTEM REPAIRSkAMENOMENT NO RAGREEMENT.DOC APPROVED AS TO FORM City Attorney Date Office of Management Date and Budget ATTEST Armando Chapa, City Secretary Project Number: E12108 Funding Source: 550950 -3362- 00000- E12108 Fund Name: Sanitary Landfill CIP 2006 Encumbrance Number: ENTERED g,v�'� MAR 2 5 2013 CONTRACT MANAGERS AMEND. NO. 1 Page 2 of 2 K: ENGINEERING DATAEXCHANGEUANGIEWSOLID WASTE%E12108 JC ELLIOTT LANDFILL GAS COLLECT TON & CONTROL SYSTEM REPAIRSIAMENOMENT NO MGREEMENT.DOC Landfill Gas Collection and Control System Repairs J.C. Elliott Landfill Presented To: CITY OF CORPUS CHRISTI Department of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Presented By: SCS FIELD SERVICES 1901 Central Drive Suite 550 Bedford, Texas 76021 March 12, 2013 Offices Nationwide www.scsongineers.com AM D. NO. 1 EXHIBIT "A" Page 1 of 6 J.C. Elliott Landfill Table of Contents Section IS CS F IELD SE R V I C E S Page 1 INTRODUCTION ...................................................................................................... ............................... 1 2 SCOPE OF SERVICES ............................................................................................. ............................... 1 Task 1 — Repair Leak in GCCS in the Vicinity of Sump 5 ................................. ..............................1 Task 2 -- Wellhead Assessment and Replacement Activities ............................ ..............................2 Task3 — Sump 3 Replacement ............................................................................... ..............................2 3 SCHEDULE ..................................................................:.............................................. ..............................3 4 ASSUMPTIONS AND CONDITIONS .................................................................... ............................... 3 5 COST ESTIMATE ...................................................................................................... ............................... 4 6 CONCLUSION .......................................................................................................... ..............................4 11 AMD. NO. 1 EXHIBIT "A" Paae 2 of 6 11 J.C. Elliott Landfill SCS FIELD SE RvICES INTRODUCTION With the City of Corpus Christi (City) moving forward with a beneficial landfill gas project, and to avoid problems that can arise due to oxygen being introduced into the waste, SCS Engineers (SCS) recommended that a detailed assessment be performed of the wellfield to determine where damaged wells, header and/or piping exists. This Landfill Gas Collection and Control System (GCCS) Assessment was completed by SCS and presented to the City in June 2012. As a result of that report, several GCCS corrective actions were approved in October 2012 and implemented by SCS Field Services (SCS -FS) in late 2012 and early 2013. Upon completion of this first phase of corrective actions, several new issues impacting the operation of the GCCS were identified and suggested for repair as part of the post - construction report. The proposal is being presented to satisfy those newly identified issues. The scope of services provided in the next section has been divided into three (3) tasks to accomplish the next phase of recommended GCCS repairs for the J.0 Elliott Landfill (Site). The time - and - material estimated costs for each task found in the following scope of work are located in a table which can be found in the Cost section of this document. 2 SCOPE OF SERVICES SCS -FS is proposing to implement the corrective actions as described below to address the deficiencies discovered in the Site's GCCS after completion of Phase I construction activities associated with the 2012 corrective actions proposal. TASK 1 — REPAIR LEAK IN GCCS IN THE VICINITY OF SUMP 5 After repairing Sump 5 and returning vacuum to the southwest section of the 12 -inch header, a leak was detected in this area which resulted in the introduction of air into the system. This leak was previously undetectable during the initial site investigations since that portion of the header had been temporarily decommissioned due to the issues with Sump 5. Since the leak was a major contributor to high oxygen in the gas stream, SCS -FS temporarily isolated this section of the GCCS until an investigation of the problem could be conducted. In February of 2013, an SCS -FS technician added several monitoring ports to the southwest header and used vacuum manipulation techniques in conjunction with GEM readings to further isolate the source of the atmospheric intrusion along this section of header. Using these techniques, the location of the leak was traced to a section of header between Sump 5 and a main header valve located in the vicinity of EW -26. SCS -FS is now proposing the following course of action to repair the source of this atmospheric intrusion so that this section of header can be restored to use: • Excavation of the 12 -inch header at selected intervals for installation of monitoring ports between Sump 5 and the isolation valve to further isolate leak. AMD. NO. 1 EXHIBIT "A" Page 3 of 6 J.C. Elliott Landfill S C S FIELD LE RVlCES • Utilization of a pipe inspection camera to visually inspect the suspect section of header and determine the exact location required for excavation. • Excavate the damaged section of header identified during the video inspection and make the repairs necessary to correct the issues. SCS -FS is estimating between one (1) and two (2) days to further isolate the section of header requiring repairs, with the actual time required to repair the leak taking between two (2) to four (4) days depending on the extent of the damage encountered. In Addition, a $10,000 accrual for cap repairs that could possibly be required has been added to the cost estimate for this task. It is hoped that no such repairs will be needed, or that they will be limited in scope. However, until the actual location of the problem and its -relationship to the cap are positively known, we cannot be sure of the extent of the repairs or ultimate cost that may be required. This ultimate fee will also include SCS observation of all repairs and a short report on the repairs for your files. TASK 2 -- WELLHEAD ASSESSMENT AND REPLACEMENT ACTIVITIES During the post - construction tuning performed by SCS -FS, problems with many of the wellheads were detected which affected their ability to accurately control the applied vacuum to the well. These issues were basically related to stuck gate valves or gate valves that could not be operated through their full range of motion. It is estimated that approximately 17 to 20 wellheads have inoperable gate valves and will require replacement of the entire wellhead in order to regain tuning capabilities. Currently many of these wellhead locations are contributing to the higher than normal levels of oxygen that are found in the gas stream. This is occurring because the supplied vacuum cannot be effectively controlled to eliminate the over - pulling of the offending wells. SCS -FS is proposing to have a qualified technician perform both a visual and operational inspection of each wellhead at the site. During this inspection, the individual wellheads will be inspected to verify valve operation and to notate any other deficiencies affecting LFG collection. After completion of the assessment, an accurate count of wellheads requiring replacement will be made utilizing the technician's notes. The required number of well heads will then be ordered for each location identified and a technician can return to the Site to perform the selected replacements. At this time any other deficiencies noted during the inspection can be addressed as well. For the purposes of this proposal, SCS -FS is assuming that a maximum of 20 Landtec wellheads will require replacement. A budget maximum of $500 for sundry wellhead replacement parts is also being assumed for correcting any other deficiencies noted during the wellhead inspection. TASK 3 — SUMP 3 REPLACEMENT During the 2012 J.C. Elliott Phase I Corrective Actions project Sump 3 was found to be non- operational and causing a severe vacuum restriction on the west side of the landfill. At that time, AMD. NO. 1 EXHIBIT "A" Pane 4 of 6 1f Landfill J.C. Elliott SGS FIELD SE R V I C E S SCS -FS proceeded with the installation of a new AP4 pump at this location and agitated the sediment which had collected in the sump bottom. The combination of these two activities improved the operational effectiveness of Sump 3 and has temporarily returned it to partial operation. It is believed however, that over time this sump will lose its ability to remove condensate from the system resulting in a complete vacuum restriction. Due to the inherent problems with the current Sump 3 design, SCS -FS is proposing a complete replacement of this sump rather than repair of the existing components. To complete this task, SCS -FS will excavate and remove the existing sump and replace it with a more efficient field fabricated stacked tee design. The new sump can then be connected to the existing 16 -inch header utilizing electro- fusion couplers and the pump re- installed. This solution was previously used to correct an identical problem with Sump 1 encountered during the recent Phase I Construction project. In addition, a $9,000 accrual has been added to this task to cover the necessary repairs that will be required for the cap in the immediate vicinity of Sump 3 after the above work is completed. However, SCS -FS cannot be sure of the full extent of the repairs that will be needed or ultimate cost that may be required. This cap repair fee will also include SCS observation of all repairs and a short report on the repairs for your files. 3 SCHEDULE SCS is prepared to commence the scope of services described in this proposal within six weeks of receiving authorization to proceed from the City. Assuming acceptance of all 3 tasks, the entire project should be completed within 3 weeks of the commencement of on -site activities. 4 ASSUMPTIONS AND CONDITIONS In preparing this proposal, SCS offers the following assumptions and conditions: 1. The City will provide and deliver to the site sand from their stockpiles for use by SCS -FS in the bedding and re- grading activities for the 12 -inch header and sump 3 task. 2. Any waste generated from excavation activities will be placed back into the excavation/trench and recovered during backfill activities. 3. No regularly scheduled meetings between the City and SCS have been accounted for in this scope of services. However, it is anticipated that SCS technicians may meet with City personnel on site when performing services. 4. SCS -FS takes no responsibility for the overall quality of the LFG collected from the LFG collection systems in regards to trace components. 5. The City will coordinate any approvals required from TCEQ relating to cap disturbance during SCS -FS' work. AMD. NO. 7 EXHIBIT "A" Pane 5 of 6 k , J.C. Elliott Landfill F SCS FIELD SERVICES 6. This proposal is valid for 60 days from the date of this submittal. This proposal is confidential and for City's use only. If awarded the work, this proposal will become part of a mutually acceptable contract or purchase order. 5 COST ESTIMATE SCS proposes to perform the above described tasks on a time -and— material basis for the estimated amounts shown in the table below. These estimates include costs for labor, project administration and management, equipment, materials, travel and per -diem assumed necessary for the completion of the task as described in the scope of work. Task Number Type of Service Duration (days) Estimated Cost 1 Repair Leak in GCCS in the Vicinity of Sump 5 7 $33,000 2 Wellhead Assessment and Replacement Activities 4 $1.8,000 3 Sump 3 Replacement 5 $26,000 Total $77,000 6 CONCLUSION SCS -FS appreciates the opportunity to present this proposal to the City of Corpus Christi, J.C. Elliott Landfill. Please feel free to contact Jason Lewallen at 817 -680 -2264 if you have any questions regarding this proposal. 4 AMD. NO. 9 EXHIBIT "A" Page 6 of 6 W a Zooms a d• WAN d? T w Z Z 0 IL LU H '0 ,> w 'o � Sr- -1 L C aa- O V m L E a c u d O C W o .� •; c a - O E > a� r Q L O C Al N O a a E a V- 0 Z E a V C O V 110 O fl_ 1 4 fl. c O 0 c p Lf) I c O 0 O 0 O 0 O 0 D 0 O 0 O Lo O 0 O m a) 0 0 0 0 v Z 0 0 0 0 0 0❑ 0 00 0 a�� 0 C °m N a 0 2 V a. t: O N O m O C) Lo a L w U cn r_ C lL Lf) Cl) Lr) Z o to Co a) r LL 4' o c° as c Q 0 � 0 •a � Q m OZ � Q E .N a 00 °0 0 o a C) 0 x 0 0 0 ❑❑ as °0 0 °a � � 64 � C) 0 0 0 00 Co 0 0 0 ❑❑ 00 0 C) 0 0 m ED 610, X0 0 � H � � T- . h oo 0 to 0 r a a r 0 mt in Cl L0 r LL! to r r co 0 40 T Cif 0) 0) 0 Oi O) W m M 4t r' T T Q 0 N F- M T T r N � W N M iLf) M coo Mk tr+ ta to 69� C 0 0 00 C) C) D O O O❑❑ C) 0 C) Ef} a)000C)C) 000000❑ ❑OCR 0 C)C) m r P� OD O co a r O O T O ❑ Q in r Lo (o r. t-. 0 0 (f} r 0 0 0 0 0 0 r OD r r O O N m m M r C+i d L O d' O 0 0) r W a 0(7� s- N r- L0 N m U) M OO 69 041 1 1,1111 613 69 AMD. NO. 1 EXHIBIT "B" Pa e 1 of 1 cn U_ a) 0) v Z i0 a) N N � 'W d �a to a�� N C °m N a 2 V a. t: O N O m •m a o w U cn AMD. NO. 1 EXHIBIT "B" Pa e 1 of 1 v Z N � a> LL a U r_ C lL Cl) Z o to Co a) r LL 4' o c° as c Q 0 0 •a Q m OZ � Q E .N a (D a. �: w si a. a) of 0 U 0 D U) = N w m¢ o I- AMD. NO. 1 EXHIBIT "B" Pa e 1 of 1 r F i 1 SUPPLIER NUMBER TO BE ASSIGNED BYrn -- _ PURCHASING DIVISION �M CITY OF CORPUS CHRISTI city us DISCLOSURE OF INTEREST Christi City of Carpus 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: SCS Engineers P. O. BOX: STREET ADDRESS: 1901 Central Drive Suite 550 CITY: Bedford Zip: 76021 -5872 FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessar/, 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 "firth.' Name Depart Job Title and City Department (if known) 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." aName Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or RI 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 3% or more of the ownership in the above named "firm." Name Consultant �4 r- FILING Ri:QUIREMENTS if a person who requests official action on a matter knows that the requested action will confer all 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. [ ,th:cs Ordinance Section 2 -349 (d)] CERTIFICATION I certify drat 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 Pemon: Signature of Certify Pei-son: �f,�. M= -t LA- Title: - �I+��r__ ('ryt�e or nt) —{ - ing Date: D i E1NI IONS n. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "rconomic benefit ". An action that is likely to affect an economic interest if it is likely to have all effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. e. "Ismployce." 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 economie 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 Maitager, Assistant City Managers, Department and Division Mends, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." legal or equitable interest, whether nettially or constructively held, in it firm, including when such interest is lield through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control establisbcd through voting trusts, proxies, or special terms of venture or partnership agree in ants. " 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. U� p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 23, 2013 1852 Second Reading for the City Council Meeting of April 30, 2013 DATE: March 28, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Rezoning from Residential to Office for Minerva V. Muro Property Address: 2529 Nemec Street CAPTION: Case No. 1212 -01 Minerva V. Muro: A change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District, resulting in a change of future land use from medium density residential to professional office. The property to be rezoned is described as Nemec Addition, Block 2, Lot 5, located on the southwest corner of Nemec Street and Dodd Drive. PURPOSE: The purpose of this item is to rezone the property to allow office uses including, but not limited to, a commercial parking lot, medical facility, hotel, apartment, and government facility. RECOMMENDATION: Planning Commission and Staff Recommendation (March 27, 2013): Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District and, in lieu thereof, approval of the "RS -6 /SP" Single - Family 6 District with a Special Permit subject to a site plan and the following conditions: Uses: An employee parking lot (to serve the adjacent vehicle sales and repair use) is the only use allowed on the Property other than those uses allowed by right in the "RS -6" Single - Family 6 District. Vehicle sales, vehicle service, and vehicle holding or preparation area are prohibited uses of the Property. 2. Screening: A six -foot tall solid wood screening fence must be constructed, maintained, and remain in place along Dodd Drive, Nemec Street, and the adjacent residence to screen the employee parking lot from public view, with the placement of the decorative side of the screening fence facing the public roadways and residence. 3. Landscaping: The Owner shall maintain a 20 -foot wide buffer yard in front of the screening fence along Nemec Street and a five -foot wide buffer yard in front of the screening fence along Dodd Drive. The Owner shall plant and maintain canopy trees with a minimum of a 2.5 -inch caliper every 30 feet on the center within the buffer yards and on the interior of the screening fence along the side property line adjacent to the single - family residence. The Owner shall plant and maintain minimum three - gallon shrubs along the exterior of the screening fence fronting Nemec Street. 4. Lighting: Any outdoor lighting shall be of the full cut -off type and placed below the height of the screening fence. 5. Access: The Property shall not have vehicular access to or from Dodd Drive and Nemec Street. 6. Dumpsters: No dumpsters shall be placed in or on the Property. 7. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District to allow construction of an employee parking lot for the adjacent vehicle sales and service business, All Star Mitsubishi, which fronts on South Padre Island Drive (SH 358). The subject property is bordered by single - family zoning and uses to the north, west, and east. To the south is commercial zoning and uses, which front on South Padre Island Drive (SH 358). The Comprehensive Plan discourages incompatible commercial land use encroaching into residential areas and states that a commercial use should be allowed within a residential area only if it maintains or improves the residential desirability of the neighborhood. The proposed change of zoning to the "ON" Office District would allow commercial uses to encroach into the residential neighborhood north of the All Star Mitsubishi dealership and would not increase or maintain the residential desirability of the neighborhood. The Future Land Use Plan slates the property for a medium density residential use to serve as a transitional land use between the commercial uses on South Padre Island Drive and the single - family neighborhood to the north. Approving the "ON" Office District would not protect the neighborhood's character. However, Staff finds that the proposed Special Permit with its limitations on the use of the property as an employee parking lot only and the proposed landscaping, screening, and buffering will accommodate the adjacent business's needs while protecting the neighborhood from incompatible development allowed by the "ON" Office District. The applicant is agreeable to the proposed Special Permit. ALTERNATIVES: 1. Approve the "ON" Office District; 2. Approve the "RS -6 /SP" Single - Family 6 District with a Special Permit for an employee parking lot; 3. Modify the conditions of the proposed Special Permit; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is not consistent with the Comprehensive Plan or the adopted Future Land Use Plan, which slates the property for a medium density residential use. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance for "RS -6 /SP" District Ordinance for "ON" District ZONING REPORT Case No.: 1212 -01 HTE No. 12- 10000039 Planning Commission Hearing Date: March 27, 2013 (Tabled from Dec. 5, Dec. 19, Jan. 16 and Feb 27) C Applicant /Owner: Minerva V. Muro `? Representative: Cliff Atnip Q- n Legal Description /Location: Nemec Addition, Block 2, Lot 5, located 0 on the southwest corner of Nemec Street and Dodd Drive. From: "RS -6" Single - Family 6 District To: "ON" Office District Area: 0.35 acres S Purpose of Request: To allow construction of a parking lot to be used by C employees of the adjacent vehicle sales and service business. N Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family 6 Low Density Medium Density co Residential Residential a) U) C u, North RS -6 Single - Family 6 Low Density Low Density •E U) Residential Residential N D "CG South -2" General Commercial Commercial � Commercial J N East "RS -6" Single - Family 6 Low Density Low Density W Residential Residential West "RS -6" Single - Family 6 Low Density Medium Density Residential Residential Area Development Plan: The subject property is located in the Southeast Q Area Development Plan (ADP) and is planned for medium density residential uses. The proposed change of zoning to the "ON" Office District is not a o consistent with the adopted Future Land Use Map. 05 Map No.: 047038 Zoning Violations: None oTransportation and Circulation: The subject property has 88 feet of frontage N o along Nemec Street and 175 feet of frontage along Dodd Drive, which are both local residential streets. The property also has indirect access, via Dodd Drive, to South Padre Island Drive (SH 358), which is an "F1" Freeway /Expressway. Zoning Report Case # 1212 -01 Muro Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District to allow construction of an employee parking lot for the adjacent vehicle sales and service business to the south and fronting South Padre Island Drive (SH 358). Applicant's Development Plan: The proposed development of a parking lot would be used for employee parking for the adjacent business, All -Star Mitsubishi. Buffering and screening would be required by the Unified Development Code (UDC) to protect the adjacent residential properties from the expansion of the commercial use. The buffer yard requires a six -foot tall concrete panel wall or wood screening fence on the shared property lines with the single - family residential properties. Canopy trees planted every 30 feet on the center within a five -foot wide buffer strip located along the street right -of- way is also required. Additionally, canopy trees must be planted along the property lines on the interior of the screening wall adjacent to the existing single - family property. This would also meet the standard buffer requirements for redevelopment areas between an "ON" Office District and an "RS -6" Single - Family 6 District. Existing Land Uses & Zoning: South of the subject property is the existing All -Star Mitsubishi facility, which is zoned "CG -2" General Commercial District. North, east, and west of the subject property is a residential subdivision zoned "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in one of the Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is not consistent with the adopted Future Land Use Map, which slates the property for a medium density residential use. The medium density residential use proposed in the Future Land Use Map serves as a transitional land use between the commercial developments on South Padre Island Drive and the single - family neighborhood to the north. This rezoning would allow the expansion of non - residential activity into an existing single - family neighborhood. The planned use for this property is an apartment complex ranging from 8 to 22 dwelling units per acre or 7 units on this 0.35 -acre site. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type (2011) � 50' ROW O Nemec " Local" Street 50' ROW 28' paved Not Street 28' paved Available a� Dodd Drive "Local" Street 50' ROW 50' ROW Not cn 28' paved 24' paved Available SH 358 "F1" 400' ROW 255' ROW 4,403 Freeway /Expressway paved varies 230' paved (2011 ADT) Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District to allow construction of an employee parking lot for the adjacent vehicle sales and service business to the south and fronting South Padre Island Drive (SH 358). Applicant's Development Plan: The proposed development of a parking lot would be used for employee parking for the adjacent business, All -Star Mitsubishi. Buffering and screening would be required by the Unified Development Code (UDC) to protect the adjacent residential properties from the expansion of the commercial use. The buffer yard requires a six -foot tall concrete panel wall or wood screening fence on the shared property lines with the single - family residential properties. Canopy trees planted every 30 feet on the center within a five -foot wide buffer strip located along the street right -of- way is also required. Additionally, canopy trees must be planted along the property lines on the interior of the screening wall adjacent to the existing single - family property. This would also meet the standard buffer requirements for redevelopment areas between an "ON" Office District and an "RS -6" Single - Family 6 District. Existing Land Uses & Zoning: South of the subject property is the existing All -Star Mitsubishi facility, which is zoned "CG -2" General Commercial District. North, east, and west of the subject property is a residential subdivision zoned "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in one of the Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is not consistent with the adopted Future Land Use Map, which slates the property for a medium density residential use. The medium density residential use proposed in the Future Land Use Map serves as a transitional land use between the commercial developments on South Padre Island Drive and the single - family neighborhood to the north. This rezoning would allow the expansion of non - residential activity into an existing single - family neighborhood. The planned use for this property is an apartment complex ranging from 8 to 22 dwelling units per acre or 7 units on this 0.35 -acre site. Zoning Report Case # 1212 -01 Muro Page 3 Special Permit Criteria: In determining whether to approve, approve with conditions, or deny a special permit, the applicable review bodies shall consider the following criteria: 1. The use is consistent with the Comprehensive Plan. 2. The use complements and is compatible with the surrounding uses and community facilities. 3. The impact of the use on public infrastructure can be minimized without negatively impacting existing uses in the area and in the City. 4. The use contributes to, enhances or promotes the welfare of adjacent properties and the surrounding area. 5. The use does not substantially adversely affect adjacent and neighboring uses. 6. The use conforms in all other respects to regulations and standards in the UDC. 7. If located within or adjacent to a residential area, the physical appearance, hours of operation and conduct of the use does not generate excessive noise, dust, smoke, glare, spillover lighting or other forms of environmental or visual pollution or otherwise detrimentally affect the residential character. 8. The development provides ample off - street parking and loading facilities. Department Comments: • The Comprehensive Plan discourages incompatible commercial land uses abutting into residential areas. Whenever possible, commercial uses should not encroach into residential areas. The Comprehensive Plan states that a commercial use should be allowed within a residential area only if it maintains or improves the residential desirability of the neighborhood. This proposed zoning district and use would not improve the desirability of the neighborhood. The Future Land Use Map slates the property for a medium density residential use. By changing the zoning to commercial, the residential designation will not be fulfilled and there will be an incompatible commercial use within the residential neighborhood. City Council approved the amendment to the UDC to allow Special Permits. Staff considered the Special Permit option for this case and the applicant has provided a site plan that addresses Staff's concerns with the proposed use. Considering that a parking lot for an apartment complex might have been created on this lot should the Future Land Use Plan be implemented, Staff finds that the employee parking lot subject to screening and landscaping requirements would maintain the residential desirability of the neighborhood and that the use does not substantially adversely affect adjacent and neighboring uses. Planning Commission and Staff Recommendation (March 27, 20131 Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "ON" Office District and, in lieu thereof, approval of the "RS -6 /SP" Single - Family 6 District with a Special Permit subject to a site plan and the following conditions: 1. Uses: An employee parking lot (to serve the adjacent vehicle sales and repair use) is the only use allowed on the Property other than those uses allowed by Zoning Report Case # 1212 -01 Muro Page 4 right in the "RS -6" Single - Family 6 District. Vehicle sales, vehicle service, and vehicle holding or preparation area are prohibited uses of the Property. 2. Screening: A six -foot tall solid wood screening fence must be constructed, maintained, and remain in place along Dodd Drive, Nemec Street, and the adjacent residence to screen the employee parking lot from public view, with the placement of the decorative side of the screening fence facing the public roadways and residence. 3. Landscaping: The Owner shall maintain a 20 -foot wide buffer yard in front of the screening fence along Nemec Street and a five -foot wide buffer yard in front of the screening fence along Dodd Drive. The Owner shall plant and maintain canopy trees with a minimum of a 2.5 -inch caliper every 30 feet on the center within the buffer yards and on the interior of the screening fence along the side property line adjacent to the single - family residence. The Owner shall plant and maintain minimum three - gallon shrubs along the exterior of the screening fence fronting Nemec Street. 4. Lighting: Any outdoor lighting shall be of the full cut -off type and placed below the height of the screening fence. 5. Access: The Property shall not have vehicular access to or from Dodd Drive and Nemec Street. 6. Dumpsters: No dumpsters shall be placed in or on the Property. 7. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Number of Notices Mailed — 26 within 200' notification area; 5 outside notification area 0 As of March 28, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Proposed Site Plan K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1212 -01 Minerva Muro \1212 -01 Report for PC, Minerva Muro rev 3- 21- 13.docx / is i7 1 -3 g 12 21� 1SUBJEC �� 7 N A i3 i5 PROPER \T /YL 16 is 1 20 / \\ >� 8 l �i' I RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park aSubject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition Site Plan for the Rezoning of 2529 Nemec Zoning Case No. 1212 -01 01-7 t f� Q Ip W, IAWL a . NAa m ( hoe D ` �n ; -y4 1 Styx IO:I:II:11r:3 Ordinance amending the Unified Development Code ( "UDC ") upon application by Minerva V. Muro ( "Owner "), by changing the UDC Zoning Map in reference to Lot 5, Block 2, Nemec Addition, from the "RS -6" Single - Family 6 District to the "RS -6 /SP" Single - Family 6 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Minerva V. Muro ( "Owner ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Minerva V. Muro ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lot 5, Block 2, Nemec Addition (the "Property "), located on the southwest corner of Nemec Street and Dodd Drive, from the "RS -6" Single - Family 6 District to the "RS -6 /SP" Single - Family 6 District with a Special Permit (Zoning Map No. 047038), as shown in Exhibits "A" and "B." Exhibit A, which is a location map pertaining to the Property, and Exhibit "B," which is a site plan pertaining to the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following seven conditions: 1. Uses: An employee parking lot (to serve the adjacent vehicle sales and repair use) is the only use allowed on the Property other than those uses allowed by right in the "RS -6" Single - Family 6 District. Vehicle sales, vehicle service, and vehicle holding or preparation area are prohibited uses of the Property. 2. Screening: A six -foot tall solid wood screening fence must be constructed, maintained, and remain in place along Dodd Drive, Nemec Street, and the adjacent residence to screen the employee parking lot from public view, with the placement of the decorative side of the screening fence facing the public roadways and residence. 3. Landscaping: The Owner shall maintain a 20 -foot wide buffer yard in front of the screening fence along Nemec Street and a five -foot wide buffer yard in front of the screening fence along Dodd Drive. The Owner shall plant and maintain canopy trees with a minimum of a 2.5 -inch caliper every 30 feet on the center within the buffer yards and on the interior of the screening fence along the side property line adjacent to the single - family residence. The Owner shall plant and maintain minimum three - gallon shrubs along the exterior of the screening fence fronting Nemec Street. 4. Lighting: Any outdoor lighting shall be of the full cut -off type and placed below the height of the screening fence. 5. Access: The Property shall not have vehicular access to or from Dodd Drive and Nemec Street. 6. Dumpsters: No dumpsters shall be placed in or on the Property. 7. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (Lot 5, Block 2, Nemec Addition) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Muro RS6 to RS6 -SP vFinal 20130403 Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Muro RS6 to RS6 -SP vFinal 20130403 Page 3 of 3 EXHIBIT A Site Plan for the Rezoning of 2529 Nemec Zoning Case No. 1212 -01 01-7 t f� Q Ip W, IAWL a . NAa m ( hoe D ` �n ; -y4 1 Styx IO:I:II:11r:3 Ordinance amending the Unified Development Code ( "UDC ") upon application by Minerva V. Muro ( "Owner "), by changing the UDC Zoning Map in reference to Lot 5, Block 2, Nemec Addition, from the "RS -6" Single - Family 6 District to the "ON" Office District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Minerva V. Muro ( "Owner ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Minerva V. Muro ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lot 5, Block 2, Nemec Addition (the "Property "), located on the southwest corner of Nemec Street and Dodd Drive, from the "RS -6" Single - Family 6 District to the "ON" Office District (Zoning Map No. 047038), as shown in Exhibit "A." Exhibit A, which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (Lot 5, Block 2, Nemec Addition) and that in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Muro RS6 to ON vFinal 20130402 Page 2 of 2 EXHIBIT A U� p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 23, 2013 2852 Second Reading for the City Council Meeting of April 30, 2013 DATE: March 28, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Rezoning from Residential to Commercial for Hernando Ariza Soto Property Address: 12337 Leopard Street CAPTION: Case No. 0313 -03 Hernando Ariza Soto: A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Map from low density residential to commercial. The property is described as being a 0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision, located on the south side of Leopard Street, approximately 300 feet west of Rehfeld Road. PURPOSE: The purpose of this item is to rezone the property to allow general commercial uses and apartments. RECOMMENDATION: Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow the construction of an auto sales dealership with a sales office on a 1.8 -acre site fronting Leopard Street. The area being rezoned is the rear 0.48 -acres of the 1.8 -acre site. The majority of the property is already zoned "CG -2" General Commercial. Currently, the "CG -2" District extends along Leopard Street to the east and west. Although this rezoning is not consistent with the adopted Future Land Use Map, it is a reasonable expansion of the "CG -2" General Commercial District to the north and along Leopard Street. A buffer yard will be required to protect the single - family use to the south from the commercial use. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Grant a Special Permit subject to conditions in lieu of granting the requested zoning district; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is in the Northwest Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance Q cu a) L a) rC L b", ZONING REPORT Case No.: 0313 -03 HTE No. 13- 10000007 Planning Commission Hearing Date: March 27, 2013 Applicant: Hernando Ariza Soto _ .o Owner: 9292 Enterprises, LLC a� a Legal Description /Location: Being a 0.482 -acre tract of land out of a 'Q _ �0 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision, c otf o located on the south side of Leopard Street, approximately 300 feet west of Rehfeld Road. From: "RS -6" Single - Family 6 a� n To: "CG -2" General Commercial District •F n Area: 0.482 acres Q Purpose of Request: To allow the construction of an auto sales dealership N° with a sales office. Existing Zoning Existing Land Use Future Land Use District M Site "RS -6" Single - Family 6 Vacant Low Density CM Residential .F ? North "CG -2" General Vacant Commercial Commercial N c South "RS -6" Single - Family 6 Estate Residential Low Density J Residential East "RS -6" Single - Family 6 Low Density Low Density W Residential Residential West "RS -6" Single - Family 6 Low Density Low Density Residential Residential Area Development Plan: The subject property is located in the Northwest c Area Development Plan (ADP) and is planned for a commercial use. The cL proposed change of zoning to the "CG -2" General Commercial District is not a c consistent with the adopted Future Land Use Plan. o Map No.: 064051 & 064050 a Zoning Violations: None Transportation and Circulation: The subject property along with the major °a c part of the development will have approximately 218 feet of frontage along }, Leopard Street, which is an "A2" Secondary Arterial Street. The property is located approximately 265 feet south of Leopard Street and approximately ~ 300 feet west of Rehfeld Road. Urban Proposed Existing Traffic O Street Transportation Section Section Volume Plan Type (2011) Q Leopard "A2" Secondary 100' ROW 110' ROW Not in Street Arterial varies paved 65' paved Available Zoning Report Case # 0313 -03 Hernando Ariza Soto Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District to allow the construction of an auto dealership with a sales office. The area of this request in this rezoning is the back 0.482 acres of the 1.804 -acre tract that will be developed as a car sales lot. Development Plan: The applicant plans to use the property to expand a planned auto dealership. The development will consist of a sales office of approximately 2,400 square feet and a parking lot. The car lot will be capable of displaying 150 vehicles with up to 20 parking spaces for customers and employees. The hours of operation will be from Monday through Saturday 9:00 A.M. to 8:00 P.M. The property will have access to Leopard Street, which is an "A2" Secondary Arterial and one commercial driveway will be allowed. The development will be on a fast pace schedule and will require the hiring of 20 employees to fulfill sales and administrative duties. Parking lots require paving and other site requirements, such as landscaping, curbs and screening. A buffer yard will be required between the commercial district and single family district to the south. Existing Land Uses & Zoning: To the north is vacant property planned for an auto dealership and zoned "CG -2" General Commercial. A Regional Transit Authority (RTA) Park and Ride facility is located across Leopard Street. East of the subject property is a metal building contractor storage facility owned by Dickson Builders and zoned "CG -2" General Commercial. West of the subject property in a "CG -2" General Commercial District is a recently constructed preschool named "Leap 4 Learning." To the south of the subject property is a South of the subject property is a single - family house on over one acre in a "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zone (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Northwest Area Development Plan and is not consistent with the adopted Future Land Use Plan, which designates the property for a low density residential use. The Comprehensive Plan for the Northwest ADP encourages nodal commercial development at the intersections of arterials and along the Interstate 37 scenic corridor. Department Comments: • Although this rezoning is not consistent with the adopted Future Land Use Map, it is a reasonable expansion of the "CG -2" General Commercial District to the north and along Leopard Street. • Commercial uses at this location will not adversely affect the surrounding area. • The Unified Development Code (UDC) requires a buffer yard between commercial and single - family districts; therefore, many design features will be implemented to reduce negative impacts of a commercial development. Zoning Report Case # 0313 -03 Hernando Ariza Soto Page 3 Planning Commission and Staff Recommendation (March 27, 20131 Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial. Number of Notices Mailed — 12 within 200' notification area; c 2 outside notification area 0 As of March 28, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K : \DevelopmentSvcs \SHARED\ZONING CASES \2013 \0313 -03 Hernando Soto \Memo folder \0313 -03 Report for Council, Hernando Soto 4- 9- 13.docx ARIAS GRAN c M N c N SUBJECT N PROPERlh N 1 GRIFFIN R BL U BONNET RS -6 FR GRI FIN W R BLUEBONNET Z aRI GRANT 3 0 CG-2 / RS-6 8 6 f6 0 C h 0 400 CASE: 0313 -03 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHI RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park aSubject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition 4 FALLMS RIVER -SIDE S Q Eg. D REHFELQD ADD' U M Date Created., Prepared By of Develoornen ff I Ordinance amending the Unified Development Code ( "UDC ") upon application by Hernando Ariza Soto, acting as agent on behalf of 9292 Enterprises, LLC ( "Owner "), by changing the UDC Zoning Map in reference to a 0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Hernando Ariza Soto, acting as agent on behalf of 9292 Enterprises, LLC ( "Owner") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Hernando Ariza Soto, acting as agent on behalf of 9292 Enterprises, LLC ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision (the "Property "), located on the south side of Leopard Street, approximately 300 feet west of Rehfeld Road, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District (Zoning Map Nos. 064050 & 064051), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (0.482 -acre tract of land out of a 1.804 -acre tract of land out of Tract 12, Fallin's Riverside Subdivision) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor 9292 Enterprises SotoHA RS6 to CG2 vFina12 Page 2 of 2 1 1 WNW URBAN ENGINEERING 0.482 Acres State of Texas County of Nueces Fieldnotes or a 0.482 acre tract of land (not based on an on -the- ground survey) out of a 1.804 acre tract of land, out of Tract 12, Fallin's Riverside Subdivision, a reap of which is recorded in Volume 4, Page 60, Map Records of Nueces County, Texas; said 1.804 acre tract of land . described in. Warranty Deed recorded in Document No, 2012049469, Official Public Records of Nueces County; Texas; said 0.482 acre tract of land being more fully described by metes and bounds as follows: Commencing at the northeast corner of Lot 19, Block 1, Farias Grant Subdivision, a map of which is recorded in Volume 34, Page 25, Map Records of Nueces County,. Texas, same being the northwest corner.of said 1.804 acre tract of laud and being on the south boundary of Leopard Street, a public roadway; Thence, South 36'44'05" West, along the common boundary of said Lot 19, Block 1 and said 1.804 acre tract, at 254.50. feet pass the southeast: corner of said Lot 19, in all a total distance of 259.73 feet to. the Point of Beginning and northwest corner of this tract; Thence, South 5504'59" East, along the northeast boundary of this tract, a distance of 219.67 feet to a point on the west boundary of a 0.14 acre tract of land out of Tract 12, Fallin's Riverside Subdivision, a map of which is recorded in Volume 4, Page 60, Map Records of Nueces County, Texas; Thence, South 36 120'41" West, along the. west boundary of said 0.14 acre tract of land, a distance of 2.73 feet for the common corner of said 0.14 acre tract of land with Lot 1, Block 12, Fallin's Riverside Subdivision, a map of which is recorded in Volume 47, Page 204, Map. Records of Nueces County, Texas and a 0,7029 acre tract of land out of said Tract 12, Fallin's Riverside Subdivision; Thence, South 48 °07'38" West, a distance of 99.91 feet to a point on the northeast boundary of a 1.68 acre tract of land out of said Tract 1.2, Fallin's Riverside Subdivision, for the southwest corner of said 0.7029 acre tract, same being the southeast corner of this tract; Thence, North 55°'04'59" West, along the common boundary of said 1.804 acre tract and said 1.68 acre tract, a distance of 199.94 feet to a point on the cast boundary of a 4.4779 acre tract of land out of Tract 23; Gregorio Farias Grant, Abstract 592, for the southwest coiner of this tract; i\ Urbanfs024) ata1 Sarveying 142755\0000\1T14275S0000.due Page I oft (361)854 -3101 2725 SWANTNER DR. • CORPUS CHPISTI,TEXA8 78404 FAX (361)854 -6001 www urbonengcom TBPE Firm #145 EXHIBIT A 7 Thence, North 36144'05" East, along the. common boundary of said 4.4779 acre tract and said 1.804 acre tract, same being along the northwest boundary of this tract, a distance of 100:05 feet to the Point of Beginning and containing 0,482 acres. of land. Bearings are based on description of 1.804 acre tract of land described in Warranty Deed recorded in Document No. 2012049409, Official Public Records of Nueces County, Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original forin, surveyor assumes no responsibility for its accuracy. 11Urbanfs02NData\Surveying142 7 5 510 00 0\FN427550000,dne Urban Engineering 000 .0" WA By Ilan L. Urban, R.P.L.S. License No. 4710 Page 2 of 2 EXHIBIT A ca, o 0 /gyp Q. // S \ / r�'p t. 0. �0 0 4 ok 0.482 Acres 'Y (0;-* ° if �a °. T' .8 4 4 0,' X10 s� j Sketch to Accorrrpany RELONOTES for o a482 acre tract of land (not basest on an on—the -ground survey) out of a 1.804 acre tract of land, out of Tract 12, Follln's Riverside SubdMsfon, a map of which is recorded in Volume 4, Page 60, Map Records of Nuaces County, Texas; sold 1.804 acre tmct of land descn'bed In Warranty !lead recorded In Document No. 2012049489, Official Public Records of Nueces County %xas. 0100 d r r 8 f W °8 1,804 Acres out of Tract 12, Fallin's Riverside Subdivision Vol. 4, Pg. 60, Map Records of Nueces County, Texas (Warranty Deed dated 12/19/2012 Doc. No. 2012049469, ORR,N.C.T.) ® o IV C? o' ON *20 '41 V e 2.73' 0.7028 Acres out of Tmat 12, Alu'llin's Riverside Subdivisio Vol. 4. Pg. 60, Map Records of Nuec ®s. County, Texas (Owner: Robert H. Wing, et Ux) 90 60 30 0 6 120 UABA. ENGINEERING CORPUS CHRISTI, TEXAS EXHIBIT B DATE: Feb. t 9 2013 SCALE: 1 -80� Joe NO.: 42755.00.00 SHEET: f of 2 DRAWN BY: XG C2012 by Urban Engineering AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 23, 2013 x852 Second Reading for the City Council Meeting of April 30, 2013 DATE: March 28, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Rezoning from Commercial to Residential for George Shaheen Property Address: 7953 South Staples Street CAPTION: Case No. 0313 -04 George Shaheen: A change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District, resulting in a change of future land use from commercial to low density residential. The property is described as being a 3.136 -acre tract of land out of Lot 1 B, Block 1, King's Crossing West Unit 1, located along the north side of Oso Parkway, approximately 220 feet west of South Staples Street (FM 2444). PURPOSE: The purpose of this item is to rezone the property to allow single - family residential uses on 4,500- square foot lots. RECOMMENDATION: Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow the construction of a single - family subdivision. Although inconsistent with the Future Land Use Plan, a residential use is suitable for this location along Oso Parkway. The property is in an area that is substantially residential and this change to low density residential use would be compatible. The abutting tract of land at the very corner of South Staples Street and Oso Parkway will remain developable for commercial. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approve a Special Permit; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is within the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 0313 -04 HTE No. 13- 10000008 Planning Commission Hearing Date: March 27, 2013 Applicant: George Shaheen _ .o Owner: FM 2444 & Oso, LP a� a Legal Description /Location: Being a 3.136 -acre tract of land out of 'Q_ =0 Lot 1B, Block 1, King's Crossing West Unit 1, located along the north CL otf o side of Oso Parkway, approximately 220 feet west of South Staples Street (FM 2444). y From: "CN -1" Neighborhood Commercial District c Q To: "RS -4.5" Single - Family 4.5 District F a Area. 3.14 acres N Purpose of Request: To allow development of a single - family subdivision. Existing Zoning District Existing Land Use Future Land Use Site "CN -1" Neighborhood Vacant Commercial Commercial Q North "RS -6" Single - Family 6 Low Density Low Density .E ? Residential Residential i° South "RS -6" Single-Family 6 Conservation/ Park &Commercial Preservation n East "CN -1" Neighborhood Vacant Commercial Commercial w West "CN -1" Neighborhood Medium Density Commercial Commercial Residential Area Development Plan: The subject property is located in the Southside c Area Development Plan (ADP) and is planned for commercial uses. The cL proposed change of zoning to the "RS -4.5" Single - Family 4.5 District is not a 6 consistent with the adopted Future Land Use Plan. o a Map No.: 045031 Zoning Violations: None c Transportation and Circulation: The subject property has approximately 260 CL c feet of frontage along Oso Parkway, which is a "P1" Parkway Collector street. M The property has indirect access to South Staples Street (FM 2444), which is an "A3" Primary Arterial Divided street. Street Urban Transportation Plan Proposed Existing Traffic O Type Section Section Volume d Q Oso "P1" Parkway 80' ROW 80' ROW Not in Parkway Collector 40' paved 40' paved Available Zoning Report Case # 0313 -04 George Shaheen Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District in order to allow construction of a single - family subdivision consisting of 19 -21 lots. Development Plan: The owner plans to rezone the property to allow development of a single - family subdivision. The future subdivision is planned to have access to Oso Parkway via an access controlled gate. The number of stacking spaces that will be required for the entrance gate will be determined by the Technical Review Committee. A private street will be constructed for access to the subdivision. The private street will have 28 feet of paved width and a 4 -foot sidewalk totaling 32 feet of right -of -way. The street will consist of a hammerhead cul -de -sac with proper turning radiuses for emergency vehicles. A brick screening wall, consistent with the property to the west, will extend along the eastern end of the subject property. Landscaping will be provided along the frontage of Oso Parkway in a 5 -foot private landscaping easement. Existing Land Uses & Zoning: North of the subject property is a single - family subdivision zoned "RS -6" Single - Family 6 District. West of the subject property is a townhouse development zoned "CN -1" Neighborhood Commercial District. East of the subject property is vacant land zoned "CN -1" Neighborhood Commercial District. South of the subject property is vacant land owned by the City of Corpus Christi that is zoned "CN -1" Neighborhood Commercial District and "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in a Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. Department Comments: • Although inconsistent with the Future Land Use Plan, a residential use is suitable for this location along Oso Parkway. Currently, the property is in an area that is substantially residential and a low density residential use would not negatively affect the surrounding properties. • A rezoning to the "RS -4.5" Single - Family 4.5 District will limit commercial intrusion into the surrounding residential area. The "CN -1" Neighborhood Commercial District will remain along South Staples Street (FM 2444). A commercial use is more appropriate when there is direct access to an arterial type street and traffic does not traverse through residential areas. • The development is planned to have a controlled access gate and a brick screening wall that will be consistent with the appearance of the multifamily development to the west. • Landscaping will be provided along the frontage of Oso Parkway in a 5 -foot private landscaping easement, which will maintain an aesthetically pleasing view along the Oso Parkway frontage. Zoning Report Case # 0313 -04 George Shaheen Page 3 Planning Commission and Staff Recommendation (March 27, 20131 Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District. Number of Notices Mailed — 39 within 200' notification area; 5 outside notification area 0 As of March 28, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Proposed Subdivision K: \DevelopmentSvcs \S HARE D\ZONING CASES \2013 \0313 -04 George Shaheen \Council Docs \0313 -04 Report for CC,George Shaheen.docx MOWA ,771 3. 31 0 400 CASE: 0313-04 2. SITE - EXISTING ZONING, ragirl 157111:1M RM-1 Multifamily tL Light Industrial RM-2 Multifamlly 2 IH Heavy industrial RM-3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS-10 Single - Family 10 RM•AT Mulfifarrilly AT RS-6 SIngle-Family 6 CN-1 Neighborhood Commercial R84.5 Single - Family 4,5 CN-2 Neighborhood Commorclal RS-TF Two•Family CR-1 Resort Commercial RS-15 SIngle-Famlly 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit Cl Intensive commercial RV Recreational Vehicle Park CED Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park FE-11Subject Property owners with 200'bufler 0 ift � Vor 4 Ownet l'll"", 200'0S d on V ."heaownem"p rap's � en OPP040on AF AF 0 SIS I N 1; U7'1'!T 11 4$' F.M-A3-11 e Qo Sbfi�ECT PR6PERTY N City of Corpus ILOCATION :M�APF] Christi - KING'S CROSSING VEST UNIT 1 A REPLAT NO. 1, BILK 1, LOT IA, V. 62. P. 161. M. R. 1 G m d 9 ^Ito pl — — — — — — — — y N28 °56' 526.06 — — ' - - -- --- --- - — - - - -- 7. 5'UE - - - -Jm p 60. 03'— 401 53. 98' 53_98' ]. 5' UE 59, 00' 32. 00' l3]. l3' l° � 's °oI C, I- 32TG ° ' N Z ° `a,r ±per N s��A m om lI 'SA ° SAS j� 0 S2B•56'00'V 105.10' - ol�� O ° - 20'YR °II - 5_PRIVATE UE - O 50.10' 53.98' x 10' PR[ AT UE n x 53.98' 49.00' - 369.00' O P 5'PR ISV`ATE UE n z N28656'00'E 00' E 405. 00'- N - - - �'- °• ° I WILLOW BEND DR. P, O o O N28'S6'00'E 369.00' A tO' N28'56'00'E 369.00' <PRI VATE, LOT 20, 20,853 SFI O ri 5398 99.00' o I r 'V f_50 - - -- — U— - - - — S28'56'00 105.05' O 20' YR a F I rim o 0 N N N M �A P^ _ A `A /• `Pr n .n v ° = N28'56'00s '`E L15, 13' I° _ - L N c - 0w 4, 0 m m g3 (A n etiI _ L1 — w C� �1 M. 53. S1' _ 3_ .0Z 3200' 5e U5 p S28'S6'00'V 51941 ] 5uE _- - 137. Z z , loo o wT m F G _ m Ati F Y n y o = � n cR'n pm„ pm Vl O \ •- z -0 m N A 9� ZZ a rn� z cZ a Ln mmm me 00 E D Z \ m00 $� O O �n A 0 N� 0 Aim '� �� 1 � I I o- n °9C �v imN I N r 20'YR /UE ° S28° 56' 00" W S32° 22'0 1, W 100. 00' S28° 56' 00" W 262.77' 100. z X X X CL S. STAPLES ST.� c A G m d 9 o 1 D D Ordinance amending the Unified Development Code ( "UDC ") upon application by George Shaheen, acting as agent on behalf of FM 2444 & Oso, LP ( "Owner "), by changing the UDC Zoning Map in reference to a 3.136 -acre tract of land out of Lot 1 B, Block 1, Replat No. 1, King's Crossing West Unit 1, from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of George Shaheen, acting as agent on behalf of FM 2444 & Oso, LP ( "Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by George Shaheen, acting as agent on behalf of FM 2444 & Oso, LP ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 3.136 -acre tract of land out of Lot 1 B, Block 1, Replat No. 1, King's Crossing West Unit 1 (the "Property "), located along the north side of Oso Parkway, approximately 220 feet west of South Staples Street (FM 2444), from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - Family 4.5 District (Zoning Map No. 045031), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (3.136 -acre tract of land out of Lot 1 B, Block 1, Replat No. 1, King's Crossing West Unit 1) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor FM2444 & Oso LP ShaheenG CN1 to RS4.5 vFinal Page 2 of 2 MURRAY BASS, 7R., P.E.,R.P.L.S. NIKON M. WELSH, P.E.,R.P.L.S. www.bass- welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F -52 Surveying Firm Reg. No. 100027 -00 P.O. Box 6397 Corpus Christi, TX 78466 -6397 RS 4.5 Zoning Tract STATE OF TEXAS COUNTY OF NUECES 3054 S. ALAMEDA, zip 78404 361 882 - 5521- FAX 361 882 -1265 e -mail. murrayjr @aol.com e -mail: nixmw @aol.com February 20, 2013 12085 - Zoning M &B.doc Description of a 3.136 acre tract of land, more or less, a portion of King's Crossing West Unit 1, Replat No. 1, Block 1, Lot 1B, a map of which is recorded in Volume 62, Page 161, Map Records, Nueces County, Texas, said 3.136 acre tract of land for re- zoning as further described by metes and bounds as follows: BEGINNING at a point in the northeast right -of -way line of Oso Parkway at the westernmost corner of said Lot 113 and of the tract herein described; THENCE N28 056'00 "E 526.06 along the northwest boundary line of said Lot 113 to a point in the south boundary line of King's Court Subdivision Unit 1, Block 1, a map of which is recorded in Volume 55, Pages 181 & 182, said map records, for the northernmost corner of the tract herein described and of said Lot 113; THENCE S6100T17E 260.00' along a southwest boundary line of said King's Court Subdivision Unit 1, Block 1, to a point for the easternmost corner of the tract herein described; THENCE S28 056'00 "W 519.41' to a point in said northeast right -of -way line of Oso Parkway for the southernmost corner of the tract herein described in a circular curve to the right having a radius of 425.35', a central angle 10 °06'04 ", a tangent length of 37.59' and a chord bearing N66'07'03 "W a distance of 74.89'; THENCE along the arc of said circular curve to the right a distance of 74.99' to the point of tangency; THENCE N61 004'00 "W 164.10' along said northeast right -of -way line of Oso Parkway to the point of curvature of a circular curve to right having a radius of 3,224.90', a central angle of 0 °22'42 ", a tangent length of 10.65' and a chord bearing N60'52'31 "W a distance of 21.30% THENCE along the arc of said circular curve to the right a distance of 21.30' to the POINT OF BEGINNING, a sketch showing said 3.136 acre RS 4.5 Zoning Tract being attached hereto as Exhibit "B ". ); Iffflf �lfff •� � ffff ffAfw flff 2211 tom O` {ixon M. Welsh, R.P.L.S. EXHIBIT "A" Page IofI iO:A:ii:11r_I J=� � V ti Oy ti?Q• < 2�'� a• b - I =O.22' 42'\ R =3224, 90' T =10. 65' L =21. 30' CB =N60' 52' 31' W CH =21. 30' EXHIBIT B ,ell Sco� off- 18t dt GNlT c' Al RS 4. 5 ZONING TRACT, 3. 136 AC. KING'SOSSING WEST UNIT 1 REPLAY jM. 1, BLK 1, LOT 1B, V./62, P. 161, M. R. a• EXHIBIT "B" Q° SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION �I =10 06 04 Q R= 425.35' T =37, 59' y / L =74, 99' CB= N66.07' 03' W CH =74. 89' 0 50' 100' 200, SCALE= 1''= 100' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027 -00, TX ENGINEERING REG. NO. F -52, FILE: EXB- ZONING, JOB NO. 12085, SCALE: 1 " = 100' PLOT SCALE: SAME, PLOT DATE: 2/20/13, SHEET 1 OF 1 U� p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 23, 2013 2852 Second Reading for the City Council Meeting of April 30, 2013 DATE: March 28, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Rezoning from Manufactured Home to Residential for The Lakes at King Estates, Inc. Property Address: 1937 Division Road CAPTION: Case No. 0313 -05 The Lakes at King Estates, Inc.: A change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District, not resulting in a change of future land use. The property is described as being a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located west of Flour Bluff Drive at the west end of Antoinette Drive and south of the Holly Road extension. PURPOSE: The purpose of this item is to rezone the property to allow development of a single - family subdivision with a minimum lot size of 4,500 square feet. RECOMMENDATION: Planning Commission and Staff Recommendation (March 27, 2013): Approval of the change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow the construction of a single - family subdivision consisting of approximately 96 lots with a minimum lot size of 4,500 square feet. The proposed rezoning is consistent with the Future Land Use Map, which slates the property for a park and low density residential use. The development will be an extension of the Shoreline Oaks subdivision to the east and will have access to the future Holly Road extension. The proposed change of zoning is compatible with current zoning patterns in the area and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approval of a special permit; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is in the Flour Bluff Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a park and low density residential use. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 0313 -05 HTE No. 13- 10000009 Planning Commission Hearing Date: March 27, 2013 Applicant /Owner: The Lakes at King Estates, Inc. Representative: Urban Engineering CM a Legal Description /Location: Being a 24.93 -acre tract of land out of •— Q •a CL Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located west of Flour Bluff Drive at the west end of Antoinette o Drive and south of the Holly Road extension. �., From: "RMH" Manufactured Home District Q To: "RS -4.5" Single - Family 4.5 District .E Cr Area. 24.93 acres N° Purpose of Request: To allow development of a single - family subdivision. Existing Zoning District Existing Land Use Future Land Use Site "RMH" Manufactured Vacant & Conservation/ Low Density Home Preservation Residential & Park (D North "RS -TF" Two - Family Vacant Low Density .E ? Residential & Park N South "RS -6" Single - Family 6 Agricultural /Rural Low Density c Residential n "RS -4.5" Single - Family Low Density Low Density • East 4 5 Residential & Residential W Vacant West Cayo Del Oso Cayo Del Oso Cayo Del Oso Area Development Plan: The subject property is located in the Flour Bluff c Area Development Plan (ADP) and is planned for low density residential and cL park uses. The proposed change of zoning to the "RS -4.5" Single - Family 4.5 a c District is consistent with the adopted Future Land Use Plan. a Map No.: 037031, 038031 Zoning Violations: None Transportation and Circulation: The subject property will have future roads 0 that connect to the Shoreline Oaks Subdivision. Currently, Antoinette Drive, which is a local residential street, is the only access road that connects to the 0 subject property. Sea Oak Drive, Purdue Drive, and future Holly Road will CL provide the subdivision access to Flour Bluff Drive, which is an "Al" Minor Arterial Undivided street. Holly Road is a proposed "A2" Secondary Arterial c� Divided street, and Purdue Road is a proposed "Cl" Minor Residential Collector street. Zoning Report Case # 0313 -05 The Lakes at King Estates Page 2 § Urban Proposed Existing Traffic O Street Transportation Plan Section Section Volume Type Q Antoinette 50' ROW 50' ROW Not Dr. Local Residential 28' paved 28' paved Available Cn Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District in order to allow construction of a single - family subdivision. The proposed single - family development will be an extension of the Shoreline Oaks Subdivision located at the east end of the property. The owner is proposing an additional 96 lots to be built in multiple phases. Existing Land Uses & Zoning: North of the subject property is vacant land zoned "RS -TF" Two - Family District. South of the subject property is a single - family residence zoned "RS -6" Single - Family 6 District. East of the subject property is the Shoreline Oaks Subdivision zoned "RS -4.5" Single - Family 4.5 District. West of the subject property is the Cayo Del Oso zoned "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Flour Bluff Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a low density residential and park use. Department Comments: • The proposed development is an expansion of the Shoreline Oaks Subdivision and is consistent with the Future Land Use Map. A single - family neighborhood is an appropriate use for this undeveloped tract of land. • The proposed change of zoning is compatible with current zoning patterns in the area and would not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation (March 27, 20131 Approval of the change of zoning from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District. Zoning Report Case # 0313 -05 The Lakes at King Estates Page 3 Number of Notices Mailed — 10 within 200' notification area; 1 outside notification area 0 As of March 28, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K : \DevelopmentSvcs \SHARED\ZONING CASES \2013 \0313 -05 The Lakes at King Estates, Inc \Council Docs \0313 -05 Report for CC, The Lakes at King Estates, Inc.docx Ordinance amending the Unified Development Code ( "UDC ") upon application by The Lakes at King Estates, Inc. ( "Owner "), by changing the UDC Zoning Map in reference to a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of The Lakes at King Estates, Inc. ( "Owner ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 27, 2013, during a meeting of the Planning Commission, and on Tuesday, April 23, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by The Lakes at King Estates, Inc. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located west of Flour Bluff Drive at the west end of Antoinette Drive and south of the Holly Road extension, from the "RMH" Manufactured Home District to the "RS -4.5" Single - Family 4.5 District (Zoning Map Nos. 037031, 038031), as shown in Exhibits "A" and "B." Exhibit 'A" which is a metes and bounds description of the Property, and Exhibit "B," which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of Nelda Martinez Mayor 20 Lakes at King Estates Inc RMH to RS4 5 vFinal 20130327 Page 2 of 2 URBAN Job No. 2380$.B2.00 ENGINEERING February 21, 2013 State of Texas County of Nueces FIELDNOTES for a 24.93 acre tract of land (not based on an on- the - ground survey) out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 -43, Map Records of Nueces County, Texas; said 24.93 acre tract of land being more fully described by metes and bounds as follows: COMMENCING at a point on the northeast boundary of Lot 13, Section 40, said Flour Bluff and Encinal Farm and Garden Tracts, same being the southwest boundary of said Lot 7, for the south corner of this tract, from which point the west corner of Lot 8, Block 3, Shoreline Oaks Subdivision Unit 1, a map of which is recorded in Volume 64, Pages 255 and 256, Map Records of Nueces County, Texas, bears South 61'27'50" East, a distance of 4.35 feet; THENCE, North 6I °27'50" West, along the northeast boundary of said Lots 12 and 13, Section 40, said Flour Bluff and Encinal Farm and Garden Tracts, same being the southwest boundary of said Lots 7 and 8, a distance of 595.65 feet for the most southerly corner of this tract and for the POINT OF BEGINNING; THENCE, North 61 °27'50" West, along the northeast boundary of Lots 11 and 12, said Section 40, same being the southwest boundary of Lots 8 and 9, said Section 40, and of this tract, a distance of 644.97 feet, to a point, and for a comer of this tract; THENCE, along the southwest boundary of this tract, as follows: North 20 °31'53" East, 550.02 feet; North 15 °47'52" East, 79.97 feet; North 11 °42'56" West, 80.04 feet; North: 46039'12" West, 232.81 feet; North 37 °59'05" West, 26.77 feet; North 16 °39'51" West, 333.91 feet; THENCE, North 25 °08'20" East, a distance of 331.51 feet, to a point on the southwest boundary of Lot 1, said Section 40, same being the northeast boundary of Lot 9, said Section 40, for the most northerly corner of this tract; THENCE, South 61 '27'50" East, along the southwest boundary of Lots 1, 2 and 3, said Section 40, same being the northeast boundary of said Lots 8 and 9 and of this tract, a distance of 1096.79 feet for most easterly corner of this tract; THENCE, along the southeast boundary of this tract, as follows: South 28'32'10" West, 293.50 feet; South 61 °27'50" East, 15.26 feet; THENCE, South 28'32'10" West, continuing along the southeast boundary of this tract, a distance of 110.85 feet, for the beginning of a circular curve to the left whose radius point bears (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTIJEXAS 78404 FAX (361)854 -6001 www.urbaneng.com 5:1 Surveying\ 23 80818 20 01 Zoning\F[J24.93acresSHS.doc P e 1 of2 TSE Firm #145 EXHIBIT A South 61 °27'50" East, a distance of 585.00 feet and having a central angle of 16 °21'26 ", a radius of 585.00 feet, a tangent length of 84.08 feet and an arc length of 167.01 feet; THENCE, with said circular curve to the left, continuing with the southeast boundary of this tract, an arc length of 167.01 feet for the point of tangency; THENCE, South 12° 10'44" West, continuing along the southeast boundary of this tract, a distance of 546.52 feet; THENCE, along the southeast boundary of this tract, as follows: South 28 °32' 10 "West, 50.00 feet; South 61 °27'50" East, 7.49 feet; THENCE, South 28'32'10" West, 176.65 feet, to the Point of Beginning and containing 24.93 acres of Iand. Bearings based on the recorded plat of Shoreline Oaks Subdivision Unit 1, a map of which is recorded in Volume 64, Pages 255 and 256, Map Records of Nueces County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its original form, surveyor assumes no responsibility or liability for its accuracy. Urban Engineering Dan L. Urban, R.P.L.S. License No. 4710 LEE URBAN 4710 5: 1Surveying1238081B2001ZoninglFN24 .93acres5H5.doc Page 2 of 2 EXHIBIT A S .�} O! O 00 r� OI YMMY N OD n coNNM MN�p�An rV! _ r C AWO AP718 JRO& rl LL •�� N�1��p�p�pOOppa ww CY U' 10ENr QInNrinr• -u3r ��• 00 ZfrNO�Oi a-10 f�N' IAN Z I�NM ��pp N+rf F �MFI NNiONN(pN wN��Fhfa^ co d1® m2ZZZ2ZVIN f/11/1 WOO PAID *90 O Z Z g l p � O (� pppp pp�� w R A/ � �:a�'n1�JJJ_IOJ_l �Im�twoh ^^ LJ_ _ mW �'� �►� N �i � N '+�i N N h W Z q zR as ^tpY1�F�}N "Q Sw Zak <n a aWa i Wa h w �W 'p w �w w 0* 604 d Ar U U N 1 h OF OF 9F w (p 1 6Z Si' n 8Z 8Z o to . w 7 ;0 w 7 to Q,1° sa, 4N. prM ppu co A ~ No Mi ?c7 O �F N g .$ q to N r7 ll Er. fe w r N o W+�yN Q LO V120'31'53'E 554.02' m u� � 8 N ° v oysZ 5°f e`S •` �f coEw v 4 m 1r� a LB w� m� 0 0 o 0 � c �} ° N � � o EL O 7 r X59 O V c EXHIBIT B E i7ibl 1 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 23, 1013 Second Reading Ordinance for the City Council Meeting of April 30, 2013 DATE: 4/1/2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods a(kctexas.com 361- 886 -2603 Accepting the Click It or Ticket Grant from TXDOT and appropriating funds CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $23,992.90 from the State of Texas, Department of Transportation for the FY2013 Click It Or Ticket program grant; and appropriating the $23,992.90 in the No. 1061 Police Grants Fund PURPOSE: Accept and appropriate the grant to utilize the funds BACKGROUND AND FINDINGS: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CIOT) where the Police Department will conduct an occupant protection enforcement effort during the Memorial Day Holiday, May 20, 2013 - June 2, 2013. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Two teams of four officers each will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 1100 safety belt citations and 100 child safety seat citations and in turn increasing safety belt use among drivers and front seat passengers by 2 %. Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salaries and retirement. The City of Corpus Christi has had previous CIOT grants during FY 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 201, and 2012 ALTERNATIVES: Not accept the grant and not participate in the state wide CIOT campaign OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Adheres to all city policies. EMERGENCY/ NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating Expense Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $23,992.90 $23,992.90 BALANCE $23,992.90 $23,992.90 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant Agreement Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $23,992.90 from the State of Texas, Department of Transportation for the FY2013 Click It Or Ticket program grant; and appropriating the $23,992.90 in the No. 1061 Police Grants Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation in the amount of $23,992.90 for the FY2013 Click It Or Ticket program grant. SECTION 2. That $23,992.90 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department.. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of Nelda Martinez Mayor Ed Organization Name: City of Corpus Christi - Police Department Legal Name: City of Corpus Christi Payee Identification Number: 17460005741000 Project Title: ID: 2013- CorpusPD -CIOT -00015 Period: 05/01/2013 to 06/22/2013 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2013. Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number: 20.600 CFDA Title: State and Community Highway Safety Grant Program Funding Source: Section 402 DUNS: 069457786 Project Title-STEP - Click It Or Ticket Grant Period: This Grant becomes effective on 05/01/2013 or on the date of final signature of both parties, whichever is later, and ends on 06/22/2013 unless terminated or otherwise modified. Total Awarded: $23,992.90 Amount Eligible for Reimbursement: $23,992.90 Match Amount: $0 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she /he is an officer of the organization for which she /he has executed this agreement and that she /he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE City of Corpus Christi [Authorized Signature] [Name] [Title] Date: Under the authority of Ordinance or Resolution Number (for local government): (If Applicable) [Resolution Number] THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission [District Engineer Texas Department of Transportation] [Name] [Title] Date: By: Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) Date: 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A -110); OMB Circular A -87; OMB Circular A -102; OMB Circular A -21; OMB Circular A -122; OMB Circular A -133; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88 -352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) § §4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC § §4321 et seq.; the Clean Air Act, as amended, 42 USC § §7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC § §1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC § §6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC § §9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants) messaging system, prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI &E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI &E Activities." The TxDOT amount for Subcategory B, "PI &E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi underrun funds from Budget Categories II or III. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A -21, Cost Principles for Educational Institutions; • A -87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A -122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty -five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants system messaging. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than twenty (20) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short -term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi overruns, or high unit costs. The Subgrantee shall submit the Final Performance Report through eGrants within twenty (20) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing, through eGrants messaging, of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: This Agreement is terminated in writing with the mutual consent of both parties; or There is a written thirty (30) day notice by either party; or The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133, "Audits of States, Local Governments, and Other Non - Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or 49 CFR, Part 19 (OMB Circular A -110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department through eGrants messaging. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally- assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60 -74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT /SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non - profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: ttp://www.dot.state.tx.us/cso/defauIt.htm. 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend Department- approved grant management training. D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI &E) activities. Salaries being claimed for PI &E activities must be included in the budget. F. When applicable, all newly developed PI &E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI &E procedures. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district - managed grants, the Subgrantee must have obtained written Department district approval, through eGrants system messaging, for travel and related expenses if outside of the district boundaries. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. I. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. J. Ensure that each officer working on the STEP project will complete an officer's daily 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. M. If an officer makes a STEP - related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. O. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. P. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration /International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. T. The Subgrantee is encouraged to use the DWI On -line Reporting System available through the Buckle Up Texas Web site at www.uckleutexas.com. 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: • review of periodic reports • physical inspection of project records and supporting documentation • telephone conversations • e -mails and letters • quarterly review meetings • eGrants system messaging B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met • Review project accomplishments (performance measures completed, targets achieved) • Document any progress towards self- sufficiency • Account for any approved Program Income earned and expended • Identify exemplary performance or best practices 2013- CorpusPD -CIOT -00015 Printed On: 4/8/2013 City of Corpus Christi City of Corpus Christi 2013 - CorpusPD -CIOT -00015 Printed On: 4/8/2013 2013 - CorpusPD -CIOT -00015 Printed On: 4/8/2013 0 AGENDA MEMORANDUM xi First Reading Ordinance for the City Council Meeting of April 23, 2013 1852 Second Reading Ordinance for the City Council Meeting of April 30, 2013 DATE: 2/28/2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361- 826 -7203 Lemonade Day Ordinance CAPTION: Ordinance authorizing the Corpus Christi Nueces County Public Health District to waive all permit requirements, including fees and required inspections for participating children and youth for "Lemonade Day Corpus Christi" scheduled events PURPOSE: Lemonade Day is a free, citywide program dedicated to teaching children how to start, own and operate their own business through the simple and time - honored act of building and running a lemonade stand. The Corpus Christi Nueces County Public Health District is requesting that all fees and inspections be waived in support of the Lemonade Day Program. BACKGROUND AND FINDINGS: Since 2007, the Lemonade Day Program has grown to thirty -one cities across the United States and has120,000 participants. This will be the first year that the City of Corpus Christi will participate and expects to have over 600 children register for the program. ALTERNATIVES: Corpus Christi - Nueces County Public Health District would charge for fees and permits needed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval require for acceptance of this waiver. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Corpus Christi - Nueces County Public Health District Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): 1020 General Fund Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the Corpus Christi Nueces County Public Health District to waive all permit requirements, including fees and required inspections for participating children and youth for "Lemonade Day Corpus Christi" scheduled events BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Nueces County Public Health District is authorized to waive all permit requirements, including fees and required inspections for participating children and youth for "Lemonade Day Corpus Christi" scheduled events. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary th day of , Nelda Martinez Mayor DATE: 3/11/2013 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 23, 2013 Second Reading Ordinance for the City Council Meeting of April 30, 2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR @cctexas.com 361-826-7203 Women, Infants and Children (WIC) grant FY 12 -13 Approval of grant amendment to extend contract period and increase funding CAPTION: Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a six month grant extension amendment in the amount of $464,069 from the Texas Department of State Health Services (DSHS) in the Health Grant Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the extended contract period of April 1, 2013 thru September 30,2013; and to ratify acceptance of the grant extension amendment to begin as of February 26, 2013. PURPOSE: The WIC's Grant amendment allows the Health District division to educate and help improve the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition - related risks. BACKGROUND AND FINDINGS: The special supplemental nutrition program for WIC is a health and nutrition program that improves the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition - related risks. This item approves an amendment extending the contract with the DSHS to provide services at the Corpus Christi- Nueces County Public Health District (CCNCPHD) to over 5,000 low income clients per month. The term of the initial contract was 10/01/12 thru 3131113 but with the approval of a 6 month extension, the contract term will now be from 10/01/2012 through 09/3012013, with an increase in funding in the amount of $464,069, changing the total amount of funding from $442,380.00 to $906,449.00. No matching funds required. ALTERNATIVES: Discontinue WIC Program at the CCNCPHD OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY I NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: CCNCPHD Legal Finance - Federal Grants and office of management and budget FINANCIAL IMPACT: X Operating © Revenue a Capital n Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 442,380 $ 442,3$0 Encumbered / Expended Amount This item $464,069 $464,069 BALANCE $906,449 $906,449 runa(s):1066 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2013 - 042712 Program Attachment #001A Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a six month grant extension amendment in the amount of $464,069 from the Texas Department of State Health Services in the Health Grant Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the extended contract period of April 1, 2013 thru September 30, 2013; and to ratify acceptance of the grant extension amendment to begin as of February 26, 2013. 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 and appropriate a six month grant extension amendment in the amount of $464,069 from the Texas Department of State Health Services in the Health Grant Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the extended contract period of April 1, 2013 to September 30, 2013, therein changing the term of the contract from October 1, 2012 thru March 31, 2013 to October 1, 2012 thru September 30, 2013. Additionally the City Council ratifies acceptance of the grant extension amendment to begin as of February 26, 2013. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor DEPARTMENT OF STATE HEALTH SERVICES Amendment The Department of State Health Services (DSHS) and CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor) agree to amend Program Attachment # 001 (Program Attachment) to Contract # 2013 - 042712 (Contract) in accordance with this Amendment No. 001A: NSS/WIC LOCAL AGENCY, effective 02/26/2013. The purpose of this amendment increase is to extend contract period from 3/31/13 to 9/30/2013 and increase funding. Therefore, DSHS and Contractor agree as follows: It is mutually agreed by and between the contracting parties to amend the terms and conditions of Document No. 2013 - 042712 as written below. Change Program Attachment Number as follows: PROGRAM ATTACHMENT NO. 4" 001A Contract Term Date is revised to read as follows: TERM: 10/01/2012 THRU: 03, %4/2013 09/30/2013 SECTION VII. BUDGET, is revised as follows: SOURCE OF FUNDS: CFDA # 10.557.000; 10.557.013 All categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in accordance with the "Plan to Allocate Direct Costs" (PADC) submitted by Contractor and approved by the DSHS WIC Program. This document is incorporated herein by reference and made a part of this Program Attachment. Total reimbursements will not exceed $442,380.00 S906,44900 Page - I of 2 All other terms and conditions not hereby amended are to remain in full force and effect. In the event of a conflict between the terms of this contract and the terms of this Amendment, this Amendment shall control. Department of State Health Services Contractor Signature of Authorized Official Date Bob Burnette, C.P.M., CTPM Signature of Authorized Official Date: Name: Director, Client Services Contracting Unit Title: 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 (512) 458 -7470 Address: Phone: Bob.Burnette @dshs.state.tx.us Email: Page - 2 of 2 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 23, 2013 1852 Second Reading for the City Council Meeting of April 30, 2013 DATE: April 3, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Increase Beach Parking Permit budget for FY13 CAPTION: Ordinance appropriating $50,000 in additional revenues from sales of Beach Parking Permits in the No. 1020 General Fund to be used for Beach Parking Permit Program; and changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues and expenditures by $50,000 each. PURPOSE: This action will appropriate additional revenues to create opportunities for the Department to expand the beach parking permit sales along the beach during peak and non -peak seasons. BACKGROUND AND FINDINGS: Beach Parking Permit sales have continued to grow for the last four years. Since 2009 the Department has seen an 18% increase in the number of permits sold. In 2012 over 135,000 beach parking permits were sold, for an estimated $680,000 in revenue - this is $105,000 over the amended FY2012 budget. To continue to support this revenue growth, the Department will increase the number of staff and resources for this program throughout the remainder of FY2013. Appropriating the additional funds will create opportunities for the Department to expand the number of permit booths along the beach throughout the remainder of the fiscal year. ALTERNATIVES: Do not approve appropriation. Inadequate resources for beach parking permit sales support may result in a loss of potential revenue. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Finance, Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 50,000.00 50,000.00 Encumbered / Expended Amount This item BALANCE 50, 000.00 50, 000.00 Fund(s): General Fund Comments: The additional funding is for fuel, temporary staff members and the printing of beach parking permits. RECOMMENDATION: Staff recommends approval of this appropriation of additional revenue and expenditures for the beach parking permit program. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance appropriating $50,000 in additional revenues from sales of Beach Parking Permits in the No. 1020 General Fund to be used for Beach Parking Permit Program; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues and expenditures by $50,000 each. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $50,000 in additional revenues from sales of Beach Parking Permits is appropriated in the No. 1020 General Fund to be used for Beach Parking Permit program. Section 2. That the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 is changed to increase revenues and expenditures by $50,000 each. 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 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 23, 2013 852 Second reading for the City Council Meeting of April 30, 2013 DATE: April 3, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Commission on Children and Youth Amendment to membership CAPTION: Ordinance amending the Code of Ordinances regarding membership of Corpus Christi Commission on Children and Youth. PURPOSE: The purpose of this amendment is to change the structure of the Commission on Children and Youth from fourteen (14) members to nine (9) members. BACKGROUND AND FINDINGS: The Commission on Children and Youth was established in 1994 and initially seated fourteen members of the community. The make -up of the commission included representatives from the law enforcement, legal, educational and social services communities. The current CCY has reviewed the original ordinance and made suggestions for combining seats that are redundant and creating a smaller, more dynamic council that can adequately address health and fitness issues in the community in a timely manner. ALTERNATIVES: Do not approve the amendment and keep original structure of the Commission on Children and Youth OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all changes to Boards and Commissions duties and memberships. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends the approval of the amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Code of Ordinances regarding membership of Corpus Christi Commission on Children and Youth Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That Chapter 2, Division 19, of the City Code of Ordinances regarding membership of the Corpus Christi Commission on Children and Youth, is amended to read as follows: "DIVISION 19. - CORPUS CHRISTI COMMISSION ON CHILDREN AND YOUTH Sec. 2 -215. - Creation and mission. The Corpus Christi Commission on Children and Youth is created. Its mission is to support a comprehensive system of services and advance policies to meet the needs of the city's children, youth and their families. (Ord. No. 21927, § 1, 4 -26- 1994) Sec. 2 -216. - Functions and duties. The commission will: (1) Gather and organize information from all people and entities in order to act as a source of information and referral on issues concerning children, youth, and their families; (2) Develop an annual community action plan for children, youth, and their families; (3) Advise the city council on acquiring and efficiently allocating resources and services for children, youth, and their families; (4) Promote strengthening of existing services for children, youth, and their families; (5) Strengthen communications and encourage partnerships between public and private entities working with children, youth, and their families; and (6) Serve as an advocate of local, state, and federal policy benefitting children, youth, and their families to the city council, and to others as authorized by the council. (Ord. No. 21927, § 17 4 -26 -1994) Sec. 2 -217. - Membership. 2 (Ord. No. 21927, § 1, 4 -26 -1994, Ord. No. 22728, § 1, 10 -15 -1996, Ord. No. 23452, § 1, 9 -29 -1998) Sec. 2 -218. - Term of office. (Ord. No. 21927, § 1, 4 -26 -1994) Sec. 2 -219. - Officers. The commission shall elect a chairperson and such other officers as it deems necessary. Officers shall serve one -year terms. (Ord. No. 21927, § 1, 4 -26 -1994) Sec. 2 -220. - Meetings. The commission shall meet at least monthly on an established day, and (Ord. No. 21927, § 1, 4 -26 -1994) Sec. 2 -221. - Staffing. 3 The city manager shall appoint staff to assist the commission. (Ord. No. 21927, § 1, 4 -26 -1994) Secs. 2- 221 -2 -229. - Reserved. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor in Ga O� H AGENDA MEMORANDUM NoP ©p,EO First Reading for the City Council Meeting of April 23, 2013 1852 Second Reading for the City Council Meeting of April 30, 2013 DATE: 04/08/2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 McArdle Road Speed Limit Ordinance Amendment CAPTION: Ordinance amending Section 53 -254 of the code of ordinances to rectify the existing speed limit for McArdle Road between Weber Road and Nile Drive; at all times, providing for penalties; providing for severance, and providing for publication. PURPOSE: To amend the current language in the ordinance to correspond with the appropriate beginning of the speed limit. BACKGROUND AND FINDINGS: There is a discrepancy in the ordinance and the current stated speed limit on McArdle Road. The ordinance reads, "from a point 500 feet east of Lenora Drive to Nile Drive -35MPH at all times" Lenora Drive is not a named city street along McArdle Road. This was approved by the Transportation Advisory Committee (TAC) on December 17, 2012. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Speed limit signage on McArdle Road will reflect the amended ordinance. CONFORMITY TO CITY POLICY: Ordinance amending Section 53 -254 EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Fiscal Year: 12 -13 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: The Engineering Department recommends City Council approve the correction of the above stated speed zones. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance amending Section 53 -254 of the Code of Ordinances to correct the parameters of the 35 MPH speed limit on McArdle Road to be between Weber Road and Nile Drive; providing for penalties; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53 -254 of the City of Corpus Christi Code of Ordinances is amended as follows: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES "McArdle Road: From a n^irt 500 foot R--A9-;t Of o„r„ra nrive Weber Road to Nile Drive -35 mph —All times " SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Nelda Martinez Mayor 040913 ORD Amend Sec 33 -234 McArdle Road Page 1 of That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of '2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 040913 ORD Amend Sec 33 -234 McArdle Road Page 2 of SUBJECT: MCARDLE ROAD SPEED LIMIT ORDINANCE AMENDMENT Traffic Engineering Div, Engineering Services Dept. Ga O� H AGENDA MEMORANDUM NoP ©p,EO First Reading Ordinance for the City Council Meeting of April 23, 2013 1852 Second Reading Ordinance for the City Council Meeting of April 30, 2013 DATE: 02/18/2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Hazel Bazemore Road (CR 69) Speed Limit Ordinance Designation CAPTION: Ordinance amending Section 53 -254 of the Code of Ordinances to set the speed limit to 55 mph on Hazel Bazemore Road (County Road 69) between FM 624 and County Road 52; providing for penalties; providing for severance; and providing for publication. PURPOSE: The Traffic Advisory Committee passed a motion on February 25, 2013 requesting the City Council to establish a speed limit of 55 mph on Hazel Bazemore Rd (CR 69) between Northwest Blvd. (FM 624) and County Road 52. BACKGROUND AND FINDINGS: Street improvements for Hazel Bazemore Road (CR 69) between Northwest Blvd. (FM 624) and County Road 52 were approved by City Council in June 2011. Improvements included the reconstruction and widening of the existing two lanes of Hazel Bazemore Road (CR 69) to a rural roadway with two through lanes and a five foot shoulder. Traffic Engineering conducted a speed study of the current conditions and the 85th Percentile study indicates a 55 MPH Speed limit is adequate for the current expansion in development and increase in traffic volumes. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Ordinance amending Section 53 -254 EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Fiscal Year: 12 -13 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: The Traffic Advisory Committee and the City's Engineering Department recommend approval of the above stated speed limit. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance amending Section 53 -254 of the Code of Ordinances to designate the speed limit for Hazel Bazemore Rd to 55 MPH between Northwest Blvd. (FM 624) and County Road 52; providing for penalties; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53 -254, Article VIII of the City of Corpus Christi Code of Ordinances is amended by adding the following text between the subsections titled "Greenwood Drive" and "Holly Road" of Schedule V: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Section 53 -254 Schedule V, increase of state speed limit in certain zones "Hazel Bazemore Rd (County Road 69): From Northwest Blvd. (FM 624) to County Road 52 —55 mph —All times " SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 040913 ORD Amend Sec 33 -234 Hazel Bazemore Rd 2 Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of '2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 040913 ORD Amend Sec 33 -234 Hazel Bazemore Rd 2 V) c0 Div. s Dept. Ga O� H AGENDA MEMORANDUM NoP ©p,EO First Reading for the City Council Meeting of April 23, 2013 1852 Second Reading for the City Council Meeting of April 30, 2013 DATE: 04/09/2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 I H -69 (US 77) and 1H 37 Frontage Roads Speed Limit Designation CAPTION: Ordinance amending Section 53 -254 of the Code of Ordinances to establish the following speed limits: (a) 55 MPH on the Northbound IH 37 Frontage Road between Sharpsburg Road and the north city limit line; (b) 55 MPH on the Southbound IH 37 Frontage Road between the north city limit line and Redbird Lane; (c) 45 MPH on the Southbound IH 69 (US 77) Frontage Road between Redbird lane and the south city limit line; and (d) 45 MPH on the Northbound IH 69 (US 77) Frontage Road between the south city limit line and the crossover to North IH 37 Frontage Road; providing for penalties; providing for severance; and providing for publication. PURPOSE: To establish a speed limit along the frontage roads of IH 69 (US 77) and IH 37 that complies with the current traffic volumes and business growth in the area. This ordinance amends Section 53 -254 of the Code of Ordinances as follows: • IH 37 Frontage Roads o Northbound IH 37 Frontage Road between Sharpsburg Road and the north city limit line -- 55 mph 0 o Southbound IH 37 Frontage Road between the north city limit line and Redbird Lane -- 55 mph 0 • IH 69 (US 77) Frontage Roads: o Northbound IH 69 (US 77) Frontage Road between the south city limit line and the crossover to North IH 37 Frontage Road -- 45 mph 0 o Southbound IH 69 (US 77) Frontage Road between Redbird Lane and the south city limit line -- 45 mph BACKGROUND AND FINDINGS: The Traffic Advisory Committee passed a motion on July 25, 2011 recommending that City Council pass the proposed ordinance to establish a speed limit on the IH 69 (US 77) and IH 37 frontage roads. Currently there is no established speed limit along these frontage roads. The Texas Department of Transportation conducted a speed study and proposed a speed limit designation of 55 MPH based on the 85th Percentile Study. The City's Traffic Engineering Department and Traffic Advisory Committee recommend establishing two speed zones that would accommodate the business community as well as pedestrian traffic and vehicular volume. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: S.P.I.D frontage roads currently have an established speed limit of 45 MPH CONFORMITY TO CITY POLICY: Ordinance amending Section 53 -254 EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Fiscal Year: 12 -13 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Texas Department of Transportation, Traffic Advisory Committee, and the City's Engineering Department recommend approval of the ordinance as proposed. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance amending Section 53 -254 of the Code of Ordinances to establish the following speed limits: (a) 55 MPH on the Northbound IH 37 Frontage Road between Sharpsburg Road and the north city limit line; (b) 55 MPH on the Southbound IH 37 Frontage Road between the north city limit line and Redbird Lane; (c) 45 MPH on the Southbound IH 69 (US 77) Frontage Road between Redbird lane and the south city limit line; and (d) 45 MPH on the Northbound IH 69 (US 77) Frontage Road between the south city limit line and the crossover to North IH 37 Frontage Road; providing for penalties; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53 -254 of the City of Corpus Christi Code of Ordinances is amended as follows: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Section 53 -254 Schedule V, increase of state speed limit in certain zones A. Speed Limit on Interstate Highway 37 Frontage Roads. Under the two Subsections titled "North Frontage Road" and "South Frontage Road" of the Subsection titled "Interstate Highway 37 Frontage Roads" the underlined text is added as shown: "Interstate Highway 37 Frontage Roads:" "North Frontage Road: From Rand Morgan Road to Violet Road -45 mph—All times Beginning at the cul -de -sac east of Southern Minerals Road (I. H. 37, Station 292 + 12) to the center line of Violet Road (I. H. 37, Station 632 + 08) -50 mph—All times Ordinance -IN 9(U 77) Page 1 of 4 Beginning at the center line of Callicoatte Road (I.H. 37, Station 701 + 56) to I.H. 37 On -Ramp 4,044 feet west of Callicoatte Road (I.H. 37, Station 742 + 00) -50 mph—All times From Sharpsburq Road to the north city limit line -55 mph—All times South Frontage Road: Beginning at the cul -de -sac east of Southern Minerals Road (I.H 37, Station 292 + 26) to the center line of Rand Morgan Road (I.H. 37, Station 507 + 84) -50 mph—All times Beginning at a point 1,810 feet east of the center line of Violet Road (I.H. 37, Station 615 + 78) to the center line of Hart Road (I.H. 37, Station 667 + 90) -40 mph—All times From the north city limit line to Redbird Lane -55 mph—All times" B. Speed Limit on U.S.Highway 77 (Interstate Highway 69) Frontage Roads: After the Subsection titled "U.S. Highway 77" the new Subsection titled "U.S.Highway 77 (Interstate Highway 69) Frontage Roads" is added as shown: 'U.S. Highway 77: From Interstate Highway 37 to the city limits south -70 mph —At all times U.S.Highway 77 (Interstate Highway 69) Frontage Roads: Northbound Frontage Road: From the south city limit line and the crossover to North Interstate Highway 37 Frontage Road -45 mph All times Southbound Frontage Road: From Redbird Lane to the south city limit line -45 mph All times U.S. Highway 181: Ordinance -IN 9(U 77) Page 2 of 4 From the north city limits (MP 0.000) to the U.S. Highway 181 /Beach Avenue Interchange (MP 2.064) -65 mph —All times." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Ordinance -IN 9(U 77) Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of '2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Ordinance -IN 9(U 77) Page 4 of 4 SUBJECT: IH 69 (US 77) AND IH 37 FRONTAGE ROADS SPEED LIMIT DESIGNATIONS Traffic Engineering Div. Engineering Services Dept. to AGENDA MEMORANDUM First Reading for the City Council Meeting of April 23, 2013 Second Reading for the City Council Meeting of April 30, 2013 DATE: April 2, 2013 TO: Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation 289 -0171 ext.1213 FredSCc_cctexas.com Authorize the purchase of capital equipment at Corpus Christi International Airport to be funded from the Airport Fund Balance. CAPTION: Ordinance appropriating $125,000 from the Unreserved Fund Balance in Airport Fund No. 4610 for purchase of airport capital equipment; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $1257000. BACKGROUND AND FINDINGS: Airport staff has identified capital equipment items that are required for optimal operations. Two key pieces of equipment used at the Airport have become inoperable during the course of the fiscal year. The first item, a 1994 JCB backhoe, is used for dirt work and special lift projects. The backhoe has exceeded its useful life and is out of operation at this time. Estimates indicate that it is not economically feasible to repair the equipment. The second item is a 2000 Grove scissor -lift that is integral to daily operations including electrical work, window cleaning and overall facility maintenance. In addition, the replacement of a bat -wing mower deck and a zero -turn mower is essential for maintenance of 2,400 acres of airport property. Also proposed is the purchase of a sand bagging machine that will significantly enhance the Airport's ability to prepare for major weather events. Additional pieces of equipment will be used for safety and security needs and are included. The capital equipment was scheduled for purchase next fiscal year but is recommended for purchase at this time. The accelerated purchase will minimize disruptions in the maintenance schedule and reduce the burden to the proposed FY 13 -14 Budget. As a result of a rebate of $338,675 to the Airport Fund from excess contribution to the General Liability and Workers Compensation Fund, Airport Staff is recommending use of some of the funds for the identified purpose. The City Council authorized the rebates on March 19, 2013. ALTERNATIVES: The only option is to delay the purchase of the capital equipment until after FY 2013 -14 Budget is adopted; however the delay would negatively impact operations as the backhoe and scissor -lift are inoperable at this time. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Funding action is consistent with the City's Financial Policies EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,708,622 $7,708,622 Encumbered / Expended Amount 0 0 This item 1 $125,000 $1257000 BALANCE 1 $778337622 1 1 $778337622 Fund(s): Airport Fund - 4610 Comments: None. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Appropriating $125,000 from the Unreserved Fund Balance in the Airport Fund No. 4610 for purchase of Airport Capital Equipment; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $125,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $125,000 is appropriated from the Unreserved Fund Balance in the Airport Fund No. 4610 for purchase of Airport Capital Equipment; SECTION 2. That the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 is changed to increase appropriations by $1257000. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal Chad Magill Colleen McIntyre Lillian Riojas Mark Scott David Loeb PASSED AND APPROVED, this the the day of 2013. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor to AGENDA MEMORANDUM First Reading for the City Council Meeting of April 23, 2013 Second Reading for the City Council Meeting of April 30, 2013 DATE: April 2, 2013 TO: Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation 289 -0171 ext.1213 FredSCc_cctexas.com Authorize use of Passenger Facility Charge funds for payment of debt service associated with terminal and roadway improvements at Corpus Christi International Airport. CAPTION: Appropriating $850,981 from the Unreserved Fund Balance in the Passenger Facility Charge Fund No. 4621 and transferring and appropriating $664,118 to the Airport 2012A Debt Service Fund No. 4640 and $186,863 into Airport 2012A Debt Service Fund No. 4641 for debt service on Airport Improvements; amending the FY 2012 -2013 Capital Budget adopted by Ordinance No. 029565 to increase appropriations by $8507981. BACKGROUND AND FINDINGS: Passenger Facility Charges (PFC's) for the Corpus Christi International Airport were approved by the Federal Aviation Administration to fund projects and debt service on terminal building and roadway improvements. The terminal and roadway projects were funded by the 2000 A &B Series Bonds and were completed in 2000. Appropriation of PFCs will be used to pay only debt service. In July 2012, the original Series 2000 A & B revenue bonds were refunded and replaced with the Series 2012 A & B General Obligation bonds. The bonds are serviced entirely from airport revenue. The current PFC charge is $4.50 per enplaned passenger and must be appropriated prior to any expenditure. ALTERNATIVES: The only possible option is to fund the $850,981 in debt service entirely from the Airport Operating Fund. This is not a financially viable option as the Fund has a balance of approximately $5 million and debt obligations continue until 2025 OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Projects funded are consistent with Airport Master Plan and the funding plan is consistent with the City's Financial Policies EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: CIP Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item 1 1 $850,981 1 1 $850,981 BALANCE 1 $850,981 1 1 $850,981 Fund(s): Passenger Facility Fund - 4621 Comments: Passenger Facility Charge funds and budgeted operating funds combine to provide the total debt service requirement. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance Appropriating $850,981 from the Unreserved Fund Balance in the Passenger Facility Charge Fund No. 4621 and transferring and appropriating $664,118 to the Airport 2012A Debt Service Fund No. 4640 and $186,863 into Airport 2012A Debt Service Fund No. 4641 for debt service on Airport Improvements; amending the FY 2012 -2013 Capital Budget adopted by Ordinance No. 029565 to increase appropriations by $850,981. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $850,981 is appropriated from the Unreserved Fund Balance in the Passenger Facility Charge Fund No. 4621 and $664,118 appropriated and transferred to the Airport 2012A Debt Service Fund No. 4640 and $186,863 appropriated and transferred to the Airport 2012A Debt Service Fund No. 4641 for debt service on Airport Improvements; SECTION 2. That the FY 2012 -2013 Capital Budget adopted by Ordinance No. 029565 is amended to increase appropriations by $8507981. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott Ordinance - PFC Debt Service Appropriation David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Ordinance - PFC Debt Service Appropriation th day of Nelda Martinez Mayor 2013. Page 2 of 2 0 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of April 23, 2013 852 Second Reading Item for the City Council Meeting of April 30, 2013 DATE: April 8, 2013 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS @cctexas.com (361) 289 -0171 ext. 1213 Approval of two farm lease agreements for 1,462 acres at Corpus Christi International Airport at a rate of $55 per acre. The agreement is for a five -year period. CAPTION: Ordinance authorizing the City Manager, or designee, to execute 1) a Farm Lease Agreement with Matt Danysh Farms, Inc. to lease and farm approximately 870.703 acres of farm land located at the Corpus Christi International Airport and 2) a Farm Lease Agreement with S & S Farms Partnership to lease and farm approximately 591.374 acres of farm land located at the Airport, both in consideration of an annual payment to the City of $55 per leased acre, both for a term of five (5) years. PURPOSE: The City leases airport acreage to farming entities for agricultural use. The farm lease agreements are mutually beneficial as the Airport is able to reduce mowing costs on unimproved property and also generate revenue. The farmers are able to plant crops and receive market value. BACKGROUND AND FINDINGS: Corpus Christi International Airport is located on approximately 2,400 acres of land. A significant portion of the land remains unimproved and available for agricultural use. Approximately 1,462 acres is proposed for lease- farming purposes with two separate tenants. The Federal Aviation Administration (FAA) periodically requires portions of the acreage be removed from agricultural use to enhance runway safety or capital projects. Consequently acreage amounts may be adjusted during the term of the lease. In addition, a recent Federal Aviation Administration directive states that no grain crops are allowed on airport property due to the natural attraction of birds and other wildlife to the crop. Wildlife poses significant hazards to air traffic. These restrictions reduce the level of interest from other prospective tenants. ALTERNATIVES: The only alternative is for the Airport to retain the property and include the acreage as part of the regular mowing and maintenance cycle thus increasing operating costs. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Lease of agricultural acreage is consistent with the Airport Master Plans. , EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal rIRlARIP IA1 1Rfir%A^T. ❑ Operating ® Revenue ❑ Capital ® Not applicable Fund(s): Airport Fund Comments: None RECOMMENDATION: Staff requests approval of Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Matt Danysh Farms, Inc. - Farm Lease Agreement S & S Farms - Farm Lease Agreement Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $50,000 $321,640 $371,640 Encumbered / Expended Amount This item (additional revenue) $30,410 30,410 BALANCE $80,410 $321,640 $402,050 Fund(s): Airport Fund Comments: None RECOMMENDATION: Staff requests approval of Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Matt Danysh Farms, Inc. - Farm Lease Agreement S & S Farms - Farm Lease Agreement Page 1 of 2 Ordinance Authorizing the City Manager, or designee, to execute 1) a Farm Lease Agreement with Matt Danysh Farms, Inc. to lease and farm approximately 870.703 acres of farm land located at the Corpus Christi International Airport and 2) a Farm Lease Agreement with S & S Farms Partnership to lease and farm approximately 591.374 acres of farm land located at the Airport, both in consideration of an annual payment to the City of $55 per leased acre, both for a term of five (5) years. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager, or designee, is hereby authorized to execute 1) a Farm Lease Agreement with Matt Danysh Farms, Inc. to lease and farm approximately 870.703 acres of farm land located at the Corpus Christi International Airport, which agreement is attached hereto as Exhibit A, and 2) a Farm Lease Agreement with S & S Farms Partnership to lease and farm approximately 591.374 acres of farm land located at the Corpus Christi International Airport, which agreement is attached hereto as Exhibit B, both in consideration of an annual payment to the City of $55 per leased acre, both for a term of five (5) years. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Ordinance — Danysh and S &S Farm Leases 1 -15 -13 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 2 of 2 That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Ordinance — Danysh and S &S Farm Leases 1 -15 -13 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of , 2013. Nelda Martinez Mayor FARM LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MATT DANYSH FARMS, INC. WHEREAS, the City of Corpus Christi ( "City ") owns the Corpus Christi Inter - national Airport ( "Airport "), located in Corpus Christi, Nueces County, Texas; WHEREAS, Matt Danysh Farms, Inc., a Texas for -profit corporation, ( "Lessee ") desires to lease a certain parcel of land at the Airport for crop farming purposes; and WHEREAS, the parties desire to enter into a written lease for approximately 870.703 acres of land to permit Lessee to engage in crop farming ( "Lease "). NOW, THEREFORE, in consideration of the mutual covenants contained in this Lease, the parties agree as follows: Section 1. Parties. This Lease is made by and between the City, acting through its duly authorized City Manager, or designee ( "City Manager "), and Matt Danysh Farms, Inc., as Lessee, a Texas for -profit corporation, acting through its authorized representative. Section 2. Premises. The City leases to Lessee the land located on the Airport property, as more particularly described in the attached Exhibit A ( "Premises "), which exhibit is incorporated into this Lease as if fully set out herein. The Premises consists of approximately 870.703 acres of land, excluding a fifteen (15) foot easement along any perimeter fence abutting the Premises, and a fifteen (15) foot easement along any light pole used by Airport located on the Premises. Section 3. . Term. Subject to the remaining terms and conditions of this Lease, the term ( "Term ") of this Lease is five (5) years, beginning October 1, 2012, ( "Effective Date "), and ending on the last day of the fifth (5th) full fiscal year thereafter ( "Termination Date. ") Section 4. Lease Payments. A. Calculation. Lessee agrees to pay the City Fifty -five Dollars ($55) per acre annually ("Lease Payment'). Lessee shall remit the initial Lease Payment not later than 5:00 p.m. Central Standard Time on the Wednesday immediately following the date this Lease is finally approved by the City's City Council ( "City Council "). All subsequent Lease Payments are due on every calendar year anniversary of the Effective Date of this Lease. B. Paying Rent. The Lease Payment must be delivered to the following address: Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 Page 1 of 14 Danysh Farm Lease 11 -28 -12 Section 5. Lease Agent. The City's Director of Aviation, or his designee ( "Aviation Director "), shall administer this Lease and serve as the City's agent to receive all Lease Payments, notices, and reports due under this Lease. Section 6. Use of Premises. Lessee must use the Premises for the purposes of crop farming and for no other purpose without the express written consent of the City Manager. In compliance with the FAA restriction on the types of crops grown on the Airport and pursuant to Section 16 herein, Lessee shall not plant sunflower, seeded crops or cereal grain crops on the Premises. Lessee may not construct any improvements on the Premises. Lessee may not use the Premises for storage of equipment or supplies. If Lessee plants crops not prohibited under this Agreement but that are not eligible for federal crop insurance, in the event such crops suffer a yield loss or marketing loss that otherwise would be insured under federal crop insurance if they were insurable crops, the City shall abate Lessee's rent by 10% for the acreage on which such affected crops are planted, in each year such crops suffer a yield loss or marketing loss, up to a maximum of 25% of the acreage included in the Premises. Section 7. Acceptance. By Lessee's execution of this Lease, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by the City's City Council and executed by the City Manager. Lessee also acknowledges that Lessee has inspected the Premises and accepts the Premises in its present physical condition, as is, including nny-and all defects known and unknown that may exist. Section S. Assignment and Sublease. Lessee may not at any time assign, transfer, convey, sublet, mortgage, pledge, or encumber Lessee's interest in this Lease or any part of the Premises to any party without the prior written consent of the City, which approval will not be unreasonably withheld. In the event that Lessee directly or indirectly assigns, transfers, conveys, sublets, mortgages, pledges, or otherwise encumbers this Lease or any portion of the Premises without the prior written consent of the City, the City may, in its sole discretion, terminate this Lease. Section 9. Required Modification or Amendment of Lease. If the Federal Aviation Administration or its successor ( "FAA ") requires modifications or amendments to this Lease as a condition precedent to granting funds for Airport improvements, Lessee agrees to consent to the modifications or amendments to this Lease as may be reasonably required for the City to obtain the funds; provided, however, that Lessee will not be required to pay increased Lease Payments, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and the City have fully executed an amendment to this Lease that is mutually satisfactory to all parties regarding any terms or conditions of this Lease affected by said required actions. Section 10. Reservation of Use. A. The City reserves the right to sell, use, or lease for a use different from the present use all or any portion of the Premises at anytime during the term of this Lease. If the Premises are used or leased before the Expiration Date and the purchaser or new lessee is not willing to take the Premises subject to this Lease and demands immediate possession, then Lessee agrees to vacate and surrender possession within fifteen (15) days after Page 2 of 14 Danysh Farm Lease 11 -28 -12 receipt of notice to vacate. B. If it becomes necessary for Lessee to vacate in the event of a sale or new lease, then the City shall pay Lessee for the land or portion thereof so vacated the following amounts, to- wit: (1) If the land has been plowed and prepared for a new crop, but before the crop has been planted, the actual expense of working the acreage vacated plus $5.00 per acre. (2) If there is a growing crop, then the average return on an acreage basis that the same crops bring on other land covered by this Lease or, if there is no other land covered by this Lease, then on similar land in the immediate vicinity. C. Any payments made to Lessee under this section shall be based on the Lessee's share of the crop Iand actually cultivated and farmed under this Lease, less harvesting costs. Section 11. Subordination to U.S. and FAA Requirements. This Lease is subordinate to the provisions of any existing or future agreement between the City and the government of the United States relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 11 or under Section 9 above, is to take any of the Premises under this Lease out from the control of City, then City shall make every effort to provide Lessee with land substantially similar to the Premises used by Lessee for the remainder of the Term if similar premises are available for the type of use granted within this Lease. Section 12. Maintenance; Utilities. A. Lessee, at its own expense, shall maintain the Premises in good appearance and repair and in a safe condition. Lessee shall, except during the growing season prior to harvest, keep the Premises mowed to a height under 12 inches. B. Within seven days of harvest, Lessee shall plow under the remains of the harvested crop. Additionally, Lessee shall spray the plowed -under areas with an approved growth inhibitor in order to prevent secondary growth of the remains. C. Lessee must ensure that the Premises are maintained free of foreign object debris and shall control soil erosion on the Premises. D. The Aviation Director is the sole judge of the quality of Lessee's maintenance, which must be reasonable and consistent with other City and Airport properties. The Aviation Director may at any time during City's normal business hours, without prior notice, enter upon the Premises to determine if Lessee is fulfilling the maintenance requirements of this Lease. The Aviation Director must notify Lessee in writing of any default. If the required maintenance, in Aviation Director's deficiency notice to Lessee, is not commenced by Lessee within 15 days after receipt of written notice, or is not diligently prosecuted to completion within the time stated, the Aviation Director may enter upon the Premises and perform the subject maintenance, and Lessee agrees to reimburse the City for its cost plus 20% overhead within 30 days after the Page 3 of 14 Danysh Farm Lease 1 ] -28 -I2 Aviation Director's written demand therefor, together with copies of all bids for the repairs and maintenance. E. Lessee must immediately remove or correct any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or after receipt of notice from the Aviation Director, whichever occurs sooner. At the Aviation Director's direction, Lessee must close the Premises, or affected portion, until the hazardous or potentially hazardous condition is removed or corrected. F. Lessee, at its own expense, shall replace any and all utility lines and equipment located on the Premises which may be damaged or destroyed as a result of Lessee's farming or agricultural operations. Lessee, at its own expense, shall repair any and all damage caused to the Premises as a result of the willful or negligent acts or omissions of Lessee, its employees, or agents. G. Lessee shall pay for all utilities, including water and waste disposal, Lessee uses at the Premises. H. Crop Setbacks. (1) Lessee shall plant crops no closer than fifteen (15) feet from any Airport perimeter fence or light pole. (2) Lessee shall plant crops no closer than 575 feet from any runway centerline and no closer than 1,000 feet from the end of any runway. (3) Lessee shall plant crops no closer than 130 feet from the centerline of any taxiway. (4) Lessee shall plant crops no closer than 113 feet from the edge of any aircraft apron. Section 13. Inspection and Premises Access. The Aviation Director shall have the right to inspect the Premises during the City's normal business hours, without prior notice. The City reserves the right to install wildlife control devises and to take additional wildlife control measures, as may be necessary. The City shall have the right at any and all times of ingress and egress on and over the Premises for the purposes of conducting and carrying on any business incident to activities of the City. Section 14. Security Badges. Each of Lessee's employees needing access to a restricted area (including the area outlined in Section 15 of this Lease) must wear a security badge while in the restricted area. Lessee will pay an issuance fee for each badge and a replacement fee for each lost security badge. The Aviation Director may also require the payment of a reasonable deposit fee for each security badge issued consistent with fees charged to other tenants at the Airport. Lessee must notify the Aviation Director immediately after any employee of Lessee who was issued a security badge is terminated or loses a badge. Lessee and Lessee's employees must comply with all City and federal security regulations and requirements. Section 15. Access to the Aircraft Operating Area. Page 4 of 14 Danysh Farm Lease 11 -28 -12 A. Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees must comply with all present and future laws, rules, regulations, and ordinances promulgated by the City, the Airport, the federal Transportation Security Administration ( "TSA "), the FAA, or other governmental agencies to protect the security and integrity of the Airport's aircraft operating area ( "AOA "), as shown on the attached Exhibit B, which is incorporated in this Lease as if fully set out herein. Subject to the approval of the Aviation Director, Lessee must adopt procedures to control and limit access to the AOA by Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees in accordance with all present and future City, Airport, TSA, and FAA laws, rules, regulations, and ordinances. B. Lessee must pay all FAA and TSA fines associated with security breaches or infractions committed by Lessee's employees, agents, contractors, suppliers, and business invitees in the AOA, regardless of whether the fine is assessed to the City or the Airport, as set out in the City Code of Ordinances, Sec. 9 -31. C. Lessee agrees to indemnify, hold harmless, and defend the City, its officers, employees, agents, and representatives against the risk of legal liability for death, injury, or damage to persons or property, direct or consequential, arising from entry of persons into the AOA where permitted, allowed, or otherwise made possible by Lessee, its employees, contractors, suppliers of materials, furnishers of services, business invitees, agents, or any other person under the direction of Lessee in violation of City, Airport, TSA, and FAA laws, rules, regulations, or ordinances or Lessee's approved procedures for controlling access to theAOA. D. Lessee will have access to the Premises, subject to compliance with all applicable Airport, TSA, and FAA security procedures. Movement of all persons in the AOA and Premises must be cleared in accordance with Airport, TSA, and FAA rules and regulations. Lessee is primarily responsible for opening and closing any security gates and doors permitting access between the Premises and the AOA. E. No vehicles owned or operated by Lessee may operate within the movement or non- movement areas of the AOA except those in compliance with Airport, TSA, and FAA rules and regulations. Section 16. Operation within Airport Certification. Lessee must comply with all rules that are applicable to its operations at the Airport under the Airport Certification Rules of the Federal Aviation Regulations ("FAR "), Part 139, as amended [14 CFR Part 139, as amended]. Copies of the FAR are available in the office of the Aviation Director. Section 17. Federal Code Requirements for Equipment Use. Lessee covenants to comply with the notification and review requirements set out in the FAR, Part 77, as amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its operation that requires notification as outlined in this regulation. Copies of the FAR are available in the office of the Aviation Director. Page 5 of 14 Danysh Farm Lease 11 -28 -12 Section 18. Control of Structures and Equipment. Lessee may not make use of or operate any structure, building, antenna, object, or equipment which has its highest point above a mean sea level elevation established by the FAA or the City as a height limitation on said structure, building, antenna, object, or equipment. City may enter the Premises and remove any such structure, building, antenna, object, or equipment and assess the removal expense against Lessee plus a 20% overhead charge. Section 19. Aerial Approaches. The City Manager may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from operating any object or equipment on or adjacent to the Airport, which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. Lessee will not make or permit any use of the Premises which would interfere with landing or taking off of aircraft at the Airport or otherwise constitute an Airport hazard including, but not limited to, electrical or electronic interference with communications, electrical, or electronic equipment or the creation of smoke, dust, or glaring or misleading lights. Section 20. Right to Overflight. The City hereby reserves, for the use and benefit of the public, a right of flight for the passage of aircraft above the surface of the Premises together with the right to cause in the airspace noise as may be inherent in the operation of aircraft now known or hereafter used for navigation thereof or flight in the air, and using the airspace for landing at or taking off from, or operating on, the Airport. Section 21. Hazardous Substances. A. Lessee covenants to comply with all environmental laws, rules, regulations, orders, and permits applicable to Lessee's operation on or in the vicinity of the Airport including, but not limited to, required National Pollutant Discharge Elimination System permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. B. Except for hazardous substances governed by and transported in full compliance with the transportation Iaws of the State of Texas or federal government, Lessee must not use, store, generate, treat, transport, or dispose of any hazardous or regulated substances or waste on or near the Airport without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over Lessee's operation on or near the Airport. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill, or deposit of a hazardous or regulated substance has occurred or is occurring which affects or threatens to affect the Airport or persons, structures, equipment, or other property located thereon, Lessee must notify immediately by verbal report in person or by telephone, to be promptly confirmed in writing, (1) the Aviation Director, (2) the Airport's Public Safety Office, (3) emergency response centers, and (4) environmental or regulatory agencies, as required by law or regulation, and must follow such verbal report with all written reports required by law. D. Lessee agrees to cooperate fully with the Airport in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or Page 6 of 14 Danysh Farm Lease 11 -28 -12 threat of release of a hazardous or regulated substance into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law and as authorized or approved by any federal, state, or local agency having authority over environmental matters. E. Lessee must keep a readily accessible file of materials safety data ( "MSD ") sheets for each hazardous substance on site or transported to the Premises, in accordance with federal and State transportation laws, which file must be posted and immediately available to any Airport or City employee who responds to the scene (Premises) in the event of a discharge of a hazardous substance. Lessee's employees must try to determine which hazardous substance was discharged and have that MSD sheet available for the first responders to the scene. F. Lessee must promptly undertake all required remediation and pay all costs associated with Lessee's action or inaction that directly or indirectly prevents the Airport from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits. G. Lessee agrees and acknowledges that the obligations set forth in this section survive termination of this Lease. Section 22. Nondiscrimination and Affirmative Action. A. Nondiscrimination - General. Lessee, for itself, its employees, agents, and representatives, as a part of the consideration for the making of this Lease, covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Premises; (2) Lessee will use the Premises in compliance with all requirements imposed by or pursuant to 14 CFR Part 152, Subpart E, Nondiscrimination in Airport Aid Program, Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and regulations may be amended, and with other applicable State and federal laws, rules, or regulations, as amended. B. Nondiscrimination - Business Owner. This Lease is subject to the requirements of 49 CFR Part 23. Lessee agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award of performance or any concession agreement, management contract or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. C. Remedy for Breach. If Lessee breaches a nondiscrimination covenant, the City may immediately reenter the Premises, and the Premises and all Lessee's interest therein reverts to the City. This provision is not effective until the procedures of 49 CFR Part 21 are completed, including exercise or expiration of appeal rights. D. Affirmative Action. Lessee covenants that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person on the Page 7 of 14 Danysh Farm Lease 11 -28 -12 grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Lessee covenants that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart. Lessee further covenants to require its covered sub - organizations to provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub - organizations, as required by 14 CFR Part 152, Subpart E. Lessee, at its own expense, will comply with any applicable requirements of the Americans with Disabilities (ADA) Act, as it may be amended. Section 23. Compliance with Laws. A. General. Lessee must promptly observe, comply with, and execute the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders, and directives applicable to Lessee's use and occupancy of the Premises. Failure to observe or comply with any law, rule, or regulation will subject this Lease to cancellation by the City under Section 24 of the Lease. B. Federal. Lessee covenants to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts that the U.S. Congress passes that apply to any entity that operates at the Airport. C. State and Local Laws. Lessee covenants to comply with all applicable State and local laws, rules, regulations, and policies. Section 24. Cancellation; Termination; Re- entry. A. Cancellation by Lessee. Without limiting any other rights and remedies to which Lessee may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be canceled by Lessee at any time after the happening, and during the existence, of one or more of the following events: 1. The permanent abandonment of the Airport; 2. The lawful assumption by the United States government, or any authorized agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, that substantially restricts Lessee from operating for at least 150 days; 3. The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport by the Lessee and that continues for at least 150 days; or 4. The default by the City in the performance of any covenant and the failure of the City to remedy the default within 60 days after receipt from Lessee of written notice to remedy the same. Page 8 of 14 Danysh Farm Lease 11 -28 -12 B. Termination by City. Without limiting any other rights and remedies to which City may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by City if Lessee; 1. Is in arrears in the payment of any portion of the Lease Payment or of any fees or charges required to be paid by Lessee under this Lease in excess of ten (10) business days ( "business" days are Monday through Friday) or other time as may be provided herein; 2. Makes a general assignment for the benefit of creditors; 3. Abandons the Premises or any part thereof, 4. Otherwise defaults in the performance of any of Lessee's covenants and continues the default in excess of 3 0 days or other time as may be provided herein, after receipt of written notice from Aviation Director of the default. If the default cannot reasonably be cured within 30 days or within any other time set out in the notice of default, Lessee shall submit a plan to remedy the default to the Aviation Director for approval within thirty (30) days from receipt of the notice. The Aviation Director shall have sole discretion regarding the approval or rejection of Lessee's proposed plan. C. City's Right to Entry. 1. If the City terminates this Lease or if Lessee abandons the Premises, the City may enter upon the Premises. 2. In the event of termination by City or abandonment by Lessee, Lessee hereby irrevocably appoints the City Manager as its agent to remove any and all persons and property from the Premises and place any property in storage for the account of and at the expense of Lessee. All property on the Premises is hereby subject to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Lease, and any and all exemption laws are hereby expressly waived in favor of said landlord's lien. Furthermore, it is agreed that said landlord's lien is not a waiver of any statutory or other lien given or which may be given to City by the Lessee but is in addition thereto. 3. Lessee agrees, that in the case of a default, if Lessee fails to remove any property on the Premises within thirty days following the default, the City Manager may sell Lessee's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Lessee, with the surplus, if any, to be mailed to Lessee at the address herein designated. If the City terminates this Lease and reenters the Premises, the City may relet the Premises and, if a sufficient sum is not realized after paying the expenses of the reletting to satisfy the rent owed and other sums agreed to be paid by Lessee, Lessee agrees to pay any deficiency within 30 days of the Aviation Director's written demand therefor. Page 9 of 14 Danysh Farm Lease 11 -28 -12 D. Notice of Termination. If an event of default occurs and, after due notice identifying the default, the defaulting party has failed to cure, the complaining party may at any time after the expiration of any cure period terminate this Lease by providing written notice of termination. The Lease will be terminated on the date specified in the notice but not sooner than five (5) business days after the postmarked date of the notice. Rental payments are payable only to the date of termination. This Subsection is subject to the requirements set out in Subsection B of this Section. Section 25. Property Removal upon Expiration or Termination. A. Removal of Equipment. Upon termination or expiration of this Lease, Lessee may remove all equipment on the Premises so long as Lessee removes same within 30 calendar days after termination or expiration of the Lease. Any damage to the Premises caused by Lessee's removal of its property must be repaired by Lessee within 15 business days after termination or expiration of the Lease, at Lessee's expense, and to the satisfaction of the Aviation Director. B. Notwithstanding the foregoing, if Lessee fails to remove equipment within 30 days from the date of termination or expiration of this Lease, then the City Manager, may at his or her option, take title to the said personalty and sell, lease, or salvage the same, as permitted by law. Any net expense the City Manager incurs on behalf of the City in disposing of the personalty must be paid by Lessee within 10 days of the City Manager's written demand thereof. The City Manager will provide Lessee with a written itemized breakdown of the costs recaptured, if any, by the sale, lease, or salvage of the property, and the balance due, which must be paid by Lessee upon receipt of said itemized breakdown. Section 26. Holdover. Any holding over by Lessee of the Premises after the expiration or other termination of this Lease will be on a month -to -month tenancy at sufferance, at the then current monthly rental rate, and Lessee agrees to surrender the Premises upon 30 days written notice. Failure to timely surrender Premises following notice subjects Lessee to payment of a monthly holdover fee equal to the then current monthly rent (Lease Payment) for each month of delay, in addition to the payment of rent. Section 27. Re- delivery of Premises. Upon expiration or termination of this Lease, Lessee must deliver the Premises to City peaceably, quietly, and in as good condition as the same now are or may be hereafter improved by Lessee or City, normal use and wear thereof excepted. In addition to a landlord's lien provided by the law of the State of Texas, the City has a contractual lien on all property of Lessee on the Premises as security for nonpayment of rent. Section 28. Indemnification. A. GENERAL -- Lessee must indemnify, hold harmless, and defend the City of Corpus Christi, its officers, employees, agents, and representatives from and against any and all claims and causes of action, administrative proceedings, judgments, penalties, fines, damages, losses, demands, liabilities, or expenses whatsoever (including reasonable attorney's fees and costs of litigation, mediation, and administrative proceedings) which may be brought, alleged, or imposed against the City, its officers, employees, Page 10 of 14 Danysh Farm Lease 11 -28 -12 agents, or representatives arising directly or indirectly from or in any way connected with (i) any property damage or loss, personal injury including death, or adverse effect on the environment arising out of Lessee's action or inaction with regard to the operations of Lessee hereunder, including the use or occupancy of the Premises, or in providing access to secured areas of the Airport as set out herein, excepting only that liability as may result from the gross negligence or the willful misconduct of the City, including its officers, employees, agents, and representatives, (ii) the failure of Lessee, its agents, or employees to comply with the terms and conditions of this Lease or to comply with any applicable federal, State, or local laws, rules, regulations, or orders including, but not limited to, any and all applicable federal, State, or local environmental laws, rules, regulations, or orders, or (iii) release of any hazardous or regulated substances or waste onto, into, or from the Premises or other Airport property, connected in any way with Lessee's operations or the action or inaction of Lessee, its agents, or employees, regardless of whether the act, omission, event, or circumstance constituted a violation of applicable law at the time of the occurrence. The rights and obligations set forth in this Paragraph shall survive the termination of this Lease. B. NOTICE — Notwithstanding the above indemnifications, Lessee must give the Aviation Director notice of any matter covered hereby and forward to the Aviation Director copies of every demand, notice, summons, or other process received in any claim or legal proceeding covered hereby within 10 working days of Lessee's receipt of said notice, demand, summons, or other process. C. INDEMNITY WAIVER — Lessee, if a charitable association, corporation, entity, or individual enterprise having or claiming an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, hereby expressly waives its right to plead defensively the immunity or exemption as against City, including its officers, employees, agents, or representatives, as the case may be. Section 29. Insurance. A. Lessee must provide insurance in the amounts and types of coverages required by the City's Risk Manager ( "Risk Manager "), a copy of which is attached and incorporated as Exhibit C. Lessee's insurance company must provide the Aviation Director and Risk Manager certificate(s) of insurance 30 days prior to the annual anniversary date of the Effective Date of the Lease, which shows the levels and types of insurance. B. The Risk Manager shall annually assess the levels and types of insurance required by the Lease. The Risk Manager may increase or decrease the levels or types of insurance by giving Lessee notice no less than 60 days prior to the annual anniversary date of the Effective Date of the Lease. Lessee has 30 days to procure the changed insurance and provide written proof of insurance to the Aviation Director. C. All insurance required by this Lease must be primary insurance and not in excess of or contributing with other insurance which Lessee may carry. All policies must name the City as an additional insured. Page 11 of 14 Danysh Farm Lease 11 -28 -12 Section 30. Notice. A. Notices are sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service as addressed below: If to the Cif: Corpus Christi International Airport Attn: Aviation Director 1000 International Drive Corpus Christi, Texas 78406 If to Lessee: Matt Danysh Matt Danysh Farms, Inc. 2578 County Road 36 Robstown, Texas 78380 B. Either party may change the address to which notices are sent under this section by providing a change of address, in writing, to the other party within ten (10) business days of the change. Section 31. General Provisions. A. Mineral Rights. City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises. B. No Waiver of Forfeiture. Any failure or neglect of the City Manager or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive the City's or the Lessee's right thereafter to declare a forfeiture for a similar, other, or succeeding breach or default. C. Force Majeure. Neither the City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations hereunder by reason of force majeure. "Force majeure" means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, including inclement weather or periods of excessive rain or snow, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions or requirements, governmental regulations, governmental controls, inability to timely obtain governmental approvals, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, excluding the obligations imposed with regard to the payment of rental and other charges to be paid by Lessee pursuant to this Lease. D. Rules and Regulations. The Aviation Director may adopt and enforce rules, regulations, and policies to be uniformly applied to similar uses and users of similar space, which Lessee agrees to observe and obey with respect to the use of the Premises and the Airport, and the health, safety and welfare of those using the Premises and the Airport. E. Headings. The titles and headings in this Lease are used only for reference and in no way define or limit the scope or intent of any provision of this Lease. Page 12 of 14 Danysh Farm Lease 11 -28 -12 F. Venue. Venue of any action brought under this Lease lies in Nueces County, Texas, exclusively, where the Lease was executed and will be performed. G. Successors and Assigns. Subject to the limitations upon assignment and transfer contained herein, this Lease binds and inures to the benefit of the parties hereto, their respective heirs, successors, and assigns. H. No Third Party Benefit. No provision of this Lease creates a third party claim against the City of Corpus Christi, the Airport, or Lessee, beyond that which may legally exist in the absence of any such provision. I. Taxes and Licenses. Lessee must pay, prior to the past due date, all taxes of whatever character, including ad valorem and intangible taxes, that may be levied or charged upon the Premises or operations hereunder and upon Lessee's rights to use the Premises, whether the taxes are assessed against Lessee or City. Additionally, Lessee must pay any and all sales taxes arising in connection with its occupancy or use of the Premises whether the taxes are assessed against Lessee or City. Lessee must obtain and pay for all licenses or permits necessary or required by law for the installation of equipment and for the conduct of its operations under this Lease. If Lessee wishes to contest any tax or charge, that contest will not be a default under the Lease so long as Lessee diligently prosecutes the contest to conclusion and promptly pays whatever tax is ultimately owed. Furthermore, Lessee must pay any taxes not being contested prior to the past due date. J. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from its operation on the Premises. Lessee must provide and use, within Lessee's leased area, suitable sealed and fireproof receptacles approved by the Aviation Director for all trash and other refuse generated by Lessee's use of the Premises. The piling of boxes, barrels, or other similar items in or within view from a public area is not permitted. K. If Lessee consists of two or more individual persons or entities, each person or entity named in this Lease is jointly and severally liable for all performances, obligations, and duties imposed by the terms, conditions, and covenants of this Lease. L. Publication Costs. All costs for publication of notice of this Lease required by the City Charter, if any, must be paid by Lessee. M. Disclosure of Interests. In compliance with Section 2 -349 of the City's Code of Ordinances, the Lessee shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Lease. EXECUTED IN DUPLICATE ORIGINALS this day of , 2013. Page 13 of iA Danysh Farm Lease 11 -28 -12 Attest: Armando Chapa City Secretary LESSEE: Signature Matt Danysh, STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI INC. Ronald L. Olson City Manager I f1 D to This instrument was acknowledged before me on " U i I , 2013, by Matt Danysh, Director of Matt Danysh Farms, Inc., Lessee. 4 146tary Public, State o Texas ',-9 "`gin: YVETTE P. CAVA,ZOS -, ; #s Notary Public, Stale ot Texas „;q „; *`' FEBRUARY 5, 2015 Page 14 of 14 Danysh Farm Lease 11 -28 -12 CITY OF CORPUS CHRISTI DISCLOSURE OF OWNERSHIP INTERESTS City of Corpus Christi Ordinance 17112 requires all persons (APPLICANT) seeking to do business with the City to provide the following information. Every question must be answered. Ifthe question is not applicable, answer with "N /A." 0 APPLICANT NAME: APPLICANT ADDRESS: �� p Robs ft) �ollt— APPLICANT is 1. Corporation ( 2. Partnership () 3. Sole Owner( ) 4. Association( S. Other( ) Please answer the following questions on a separate attached sheet if necessary. 1 a. SECTION 1 — CORPORATION and Directors of Corporation. lb. Names and addresses of all shareholders of the Corporation owning shares equal to or in excess of three percent (3 %) of the proportionate ownership interest and the percentage of each shareholder's interest. (Note: Corporations which submit S.E.C. fonn 14K may substitute that statement for the material req . d herein.) - s � p/G SECTION 2 — PARTNERSHIP /ASSOCIATION /JOIlNT VENTURE 2a. The name, address, and percentage of interest of each partner whose interest therein, whether limited or general, is equal to or in excess of three percent (3 %). 2b. Associations: The name and address of all officers, directors, and other members with three percent (3 %) or greater interest. SECTION 3 — ALL APPLICANTS — ADDITIONAL DISCLOSURE 3a. Specify which, if any, interest disclosed in Section 1 or 2 are being held by agent or trustee and give the name and address of principal AND /OR by a trust and give the trust number, institution, name and address of trustee or estate administrator, and name, address, and percentage of interest in total entity. 3b. If any interest named in Section 1 or 2 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a three percent (3 %) interest in that "holding" corporation or entity as required in 1(a), 1(b), 2(a), and 2(b). 3c. If "constructive control" of any interest named in Section 1 or 2 is held by another party, give name and address of party with constructive control. ("Constructive control" refers to control established through voting trusts, proxies, or special terms of venture or partnership agreements.) 3d. If any interest named in Section 1, 2, 3a, 3b, or 3c is being held by a member of the City Council, an employee, or a member of a Board or Commission appointed by the City Council ofthe City ofCorpus Christi, state the name, address, and whether the individual is a member of the City Council, an employee, or a Board or Commission member. I have not withheld disclosure of any interest known to me. Information provided is accurate an current. I will be responsible for submitting a revised form if any of the above information changes. 1.3 Signed this the day of J ca�-- 220 Signature o Pers (n+reparing Statement Adl '"tr -D, K4 roc -rte Name and Title BEFORE ME, the undersigned authority, this day personally appeared (name of affiant) and by oath stated that the facts hereinabove stated are true and correct to the best o is/her) knowledge or belief. of 2 SWORN TO AND SUBSCRIBED BEFORE me on this day of1,( 26-2. twy Public, State of 62UW "vRY P� Y I VE7-� �•y C��1 -.`�G . ": 7 E P. AVAZOS •.c, •ice _ Notary P&[G state of Texas 5 2 015 :_.n.�C]RUAY , FARM LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND S & S FARMS WHEREAS, the City of Corpus Christi ( "City ") owns the Corpus Christi Inter- national Airport ( "Airport "), located in Corpus Christi, Nueces County, Texas; WHEREAS, S & S Farms ( "Lessee ") desires to lease a certain parcel of land at the Airport for crop farming purposes; and WHEREAS, the parties desire to enter into a written lease for approximately 591.374 acres of land to permit Lessee to engage in crop farming ( "Lease "). NOW, THEREFORE, in consideration of the mutual covenants contained in this Lease, the parties agree as follows: Section 1. Parties. This Lease is made by and between the City, acting through its duly authorized City Manager, or his designee ( "City Manager "), and S & S Farms Partnership, as Lessee, a Texas general partnersh ip, acting through its duly authorized representatives. Section 2. Premises. The City leases to Lessee the land located on the Airport property, as more particularly described in the attached Exhibit A ( "Premises "), which exhibit is incorporated into this Lease as if fully set out herein. The Premises consists of approximately 591.374 acres of land, excluding a fifteen (15) foot easement along any perimeter fence abutting the Premises, and a fifteen (15) foot easement along any light pole used by Airport located on the Premises. Section 3. Term. Subject to the remaining terms and conditions of this Lease, the term ( "Term ") of this Lease is five (5) years, beginning October 1, 2012, ( "Effective Date "), and ending on the last day of the fifth (5'11) full fiscal year thereafter ( "Termination Date. ") Section 4. Lease Payments. A. Calculation. Lessee agrees to pay the City Fifty -five Dollars ($55) per acre annually ( "Lease Payment "). Lessee shall remit the initial Lease Payment not later than 5:00 p.m. Central Standard Time on the Wednesday immediately following the date this Lease is finally approved by the City's City Council ( "City Council "). All subsequent Lease Payments are due on every calendar year anniversary of the Effective Date of this Lease. B. Paying Rent. The Lease Payment must be delivered to the following address: Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 Page 1 of 15 S &S FannLease 11 -29 -12 Section 5. Lease Agent. The City's Director of Aviation, or his designee ( "Aviation Director "), shall administer this Lease and serve as the City's agent to receive all Lease Payments, notices, and reports due under this Lease. Section 6. Use of Premises. Lessee must use the Premises for the purposes of crop farming and for no other purpose without the express written consent of the City Manager. In compliance with the FAA restriction on the types of crops grown on the Airport and pursuant to Section 16 herein, Lessee shall not plant sunflower, seeded crops or cereal grain crops on the Premises. Lessee may not construct any improvements on the Premises. Lessee may not use the Premises for storage of equipment or supplies. If Lessee plants crops not prohibited under this Agreement but that are not eligible for federal crop insurance, in the event such crops suffer a yield loss or marketing loss that otherwise would be insured under federal crop insurance if they were insurable crops, the City shall abate Lessee's rent by 10% for the acreage on which such affected crops are planted, in each year such crops suffer a yield loss or marketing loss, up to a maximum of 25% of the acreage included in the Premises. Section 7. Acceptance. By Lessee's execution of this Lease, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by the City's City Council and executed by the City Manager. Lessee also acknowledges that Lessee has inspected the Premises and accepts the Premises in its present physical condition, as is, including any and all defects known and unknown that may exist. Section 8. Assignment and Sublease. Lessee may not at any time assign, transfer, convey, sublet, mortgage, pledge, or encumber Lessee's interest in this Lease or any part of the Premises to any party without the prior written consent of the City, which approval will not be unreasonably withheld. In the event that Lessee directly or indirectly assigns, transfers, conveys, sublets, mortgages, pledges, or otherwise encumbers this Lease or any portion of the Premises without the prior written consent of the City, the City may, in its sole discretion, terminate this Lease. Section 9. Required Modification or Amendment of Lease. If the Federal Aviation Administration or its successor ( "FAA ") requires modifications or amendments to this Lease as a condition precedent to granting funds for Airport improvements, Lessee agrees to consent to the modifications or amendments to this Lease as may be reasonably required for the City to obtain the funds; provided, however, that Lessee will not be required to pay increased Lease Payments, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and the City have fully executed an amendment to this Lease that is mutually satisfactory to all parties regarding any terms or conditions of this Lease affected by said required actions. Section 10. Reservation of Use. A. The City reserves the right to sell, use, or lease for a use different from the present use all or any portion of the Premises at anytime during the term of this Lease. If the Premises are used or leased before the Expiration Date and the purchaser or new lessee is not willing to take the Premises subject to this Lease and demands immediate possession, then Lessee agrees to vacate and surrender possession within fifteen (15) days after Page 2 of 15 S &S Farm Lease 11 -29 -I2 receipt of notice to vacate. B. If it becomes necessary for Lessee to vacate in the event of a sale or new lease, then the City shall pay Lessee for the land or portion thereof so vacated the following amounts, to- wit: (1) If the land has been plowed and prepared for a new crop, but before the crop has been planted, the actual expense of working the acreage vacated plus $5.00 per acre. (2) If there is a growing crop, then the average return on an acreage basis that the same crops bring on other land covered by this Lease or, if there is no other land covered by this Lease, then on similar land in the immediate vicinity. C. Any payments made to Lessee under this section shall be based on the Lessee's share of the crop land actually cultivated and fanned under this Lease, less harvesting costs. Section 11. Subordination to U.S. and FAA Requirements. This Lease is subordinate to the provisions of any existing or future agreement between the City and the government of the United States relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 11 or under Section 9 above, is to take any of the Premises under this Lease out from the control of City, then City shall make every effort to provide Lessee with land substantially similar to the Premises used by Lessee for the remainder of the Tenn if similar premises are available for the type of use granted within this Lease. Section 12. Maintenance; Utilities. A. Lessee, at its own expense, shall maintain the Premises in good appearance and repair and in a safe condition. Lessee shall, except during the growing season prior to harvest, keep the Premises mowed to a height under 12 inches. B. Within seven days of harvest, Lessee shall plow under the remains of the harvested crop. Additionally, Lessee shall spray the plowed -under areas with an approved growth inhibitor in order to prevent secondary growth of the remains. C. Lessee must ensure that the Premises are maintained free of foreign object debris and shall control soil erosion on the Premises. D. The Aviation Director is the sole judge of the quality of Lessee's maintenance, which must be reasonable and consistent with other City and Airport properties. The Aviation Director may at any time during City's normal business hours, without prior notice, enter upon the Premises to determine if Lessee is fulfilling the maintenance requirements of this Lease. The Aviation Director must notify Lessee in writing of any default. If the required maintenance, in Aviation Director's deficiency notice to Lessee, is not commenced by Lessee within 15 days after receipt of written notice, or is not diligently prosecuted to completion within the time stated, the Aviation Director may enter upon the Premises and perform the subject maintenance, and Lessee agrees to reimburse the City for its cost plus 20% overhead within 30 days after the Page 3 of 15 5 &S Farm Lease 1 ] -29 -12 Aviation Director's written demand therefor, together with copies of all bids for the repairs and maintenance. E. Lessee must immediately remove or correct any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or after receipt of notice from the Aviation Director, whichever occurs sooner. At the Aviation Director's direction, Lessee must close the Premises, or affected portion, until the hazardous or potentially hazardous condition is removed or corrected. F. Lessee, at its own expense, shall replace any and all utility lines and equipment located on the Premises which may be damaged or destroyed as a result of Lessee's farming or agricultural operations. Lessee, at its own expense, shall repair any and all damage caused to the Premises as a result of the willful or negligent acts or omissions of Lessee, its employees, or agents. G. Lessee shall pay for all utilities, including water and waste disposal, Lessee uses at the Premises. H. Crop Setbacks. (1) Lessee shall plant crops no closer than fifteen (15) feet from any Airport perimeter fence or light pole. (2) Lessee shall plant crops no closer than 575 feet from any runway centerline and no closer than 1,000 feet from the end of any runway. (3) Lessee shall plant crops no closer than 130 feet from the centerline of any taxiway. (4) Lessee shall plant crops no closer than 113 feet from the edge of any aircraft apron. Section 13. Inspection and Premises Access. The Aviation Director shall have the right to inspect the Premises during the City's normal business hours, without prior notice. The City reserves the right to install wildlife control devises and to take additional wildlife control measures, as may be necessary. The City shall have the right at any and all times of ingress and egress on and over the Premises for the purposes of conducting and carrying on any business incident to activities of the City. Section 14. Security Badges. Each of Lessee's employees needing access to a restricted area (including the area outlined in Section 15 of this Lease) must wear a security badge while in the restricted area. Lessee will pay an issuance fee for each badge and a replacement fee for each lost security badge. The Aviation Director may also require the payment of a reasonable deposit fee for each security badge issued consistent with fees charged to other tenants at the Airport. Lessee must notify the Aviation Director immediately after any employee of Lessee who was issued a security badge is terminated or loses a badge. Lessee and Lessee's employees must comply with all City and federal security regulations and requirements. Section 15. Access to the Aircraft Operating Area. Page 4 of 15 S &S Farm Lease 11 -29 -12 A. Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees must comply with all present and future laws, rules, regulations, and ordinances promulgated by the City, the Airport, the federal Transportation Security Administration ( "TSA "), the FAA, or other governmental agencies to protect the security and integrity of the Airport's aircraft operating area ( "AOA "), as shown on the attached Exhibit B, which is incorporated in this Lease as if fully set out herein. Subject to the approval of the Aviation Director, Lessee must adopt procedures to control and limit access to the AOA by Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees in accordance with all present and future City, Airport, TSA, and FAA laws, rules, regulations, and ordinances. B. Lessee must pay all FAA and TSA fines associated with security breaches or infractions committed by Lessee's employees, agents, contractors, suppliers, and business invitees in the AOA, regardless of whether the fine is assessed to the City or the Airport, as set out in the City Code of Ordinances, Sec. 9 -31. C. Lessee agrees to indemnify, hold harmless, and defend the City, its officers, employees, agents, and representatives against the risk of legal liability for death, injury, or damage to persons or property, direct or consequential, arising from entry of persons into the AOA where permitted, allowed, or otherwise made possible by Lessee, its employees, contractors, suppliers of materials, furnishers of services, business invitees, agents, or any other person under the direction of Lessee in violation of City, Airport, TSA, and FAA laws, rules, regulations, or ordinances or Lessee's approved procedures for controlling access to theAOA. D. Lessee will have access to the Premises, subject to compliance with all applicable Airport, TSA, and FAA security procedures. Movement of all persons in the AOA and Premises must be cleared in accordance with Airport, TSA, and FAA rules and regulations. Lessee is primarily responsible for opening and closing any security gates and doors permitting access between the Premises and the AOA. E. No vehicles owned or operated by Lessee may operate within the movement or non - movement areas of the AOA except those in compliance with Airport, TSA, and FAA rules and regulations. Section 16. Operation within Airport Certification. Lessee most comply with all rules that are applicable to its operations at the Airport under the Airport Certification Rules of the Federal Aviation Regulations ( "FAR "), Part 139, as amended [14 CFR Part 139, as amended]. Copies of the FAR are available in the office of the Aviation Director. Section 17. Federal Code Requirements for Equipment Use. Lessee covenants to comply with the notification and review requirements set out in the FAR, Part 77, as amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its operation that requires notification as outlined in this regulation. Copies of the FAR are available in the office of the Aviation Director. Page 5 of 15 S &S Farrn Lease 11 -29 -12 Section 18. Control of Structures and Equipment. Lessee may not make use of or operate any structure, building, antenna, object, or equipment which has its highest point above a mean sea level elevation established by the FAA or the City as a height limitation on said structure, building, antenna, object, or equipment. City may enter the Premises and remove any such structure, building, antenna, object, or equipment and assess the removal expense against Lessee plus a 20% overhead charge. Section 19. Aerial Approaches. The City Manager may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from operating any object or equipment on or adjacent to the Airport, which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. Lessee will not make or permit any use of the Premises which would interfere with landing or taking off of aircraft at the Airport or otherwise constitute an Airport hazard including, but not limited to, electrical or electronic interference with communications, electrical, or electronic equipment or the creation of smoke, dust, or glaring or misleading lights. Section 20. Right to Overflight. The City hereby reserves, for the use and benefit of the public, a right of flight for the passage of aircraft above the surface of the Premises together with the right to cause in the airspace noise as may be inherent in the operation of aircraft now known or hereafter used for navigation thereof or flight in the air, and using the airspace for landing at or taking off from, or operating on, the Airport. Section 21. Hazardous Substances. A. Lessee covenants to comply with all environmental laws, rules, regulations, orders, and permits applicable to Lessee's operation on or in the vicinity of the Airport including, but not limited to, required National Pollutant Discharge Elimination System permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. B. Except for hazardous substances governed by and transported in frill compliance with the transportation laws of the State of Texas or federal government, Lessee must not use, store, generate, treat, transport, or dispose of any hazardous or regulated substances or waste on or near the Airport without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over Lessee's operation on or near the Airport. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill, or deposit of a hazardous or regulated substance has occurred or is occurring which affects or threatens to affect the Airport or persons, structures, equupment, or other property located thereon, Lessee must notify immediately by verbal report in person or by telephone, to be promptly confirmed in writing, (1) the Aviation Director, (2) the Airport's Public Safety Office, (3) emergency response centers, and (4) environmental or regulatory agencies, as required by law or regulation, and must follow such verbal report with all written reports required by law. D. Lessee agrees to cooperate fully with the Airport in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or Page G of 15 S &S Farm Lease 11 -29 -12 threat of release of a hazardous or regulated substance into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law and as authorized or approved by any federal, state, or local agency having authority over environmental matters. E. Lessee must keep a readily accessible file of materials safety data ( "MSD ") sheets for each hazardous substance on site or transported to the Premises, in accordance with federal and State transportation laws, which file must be posted and immediately available to any Airport or City employee who responds to the scene (Premises) in the event of a discharge of a hazardous substance. Lessee's employees must try to determine which hazardous substance was discharged and have that MSD sheet available for the first responders to the scene. F. Lessee must promptly undertake all required remediation and pay all costs associated with Lessee's action or inaction that directly or indirectly prevents the Airport from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits. G. Lessee agrees and acknowledges that the obligations set forth in this section survive termination of this Lease. Section 22. Nondiscrimination and Affirmative Action. A. Nondiscrimination - General. Lessee, for itself, its employees, agents, and representatives, as a part of the consideration for the making of this Lease, covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Premises; (2) Lessee will use the Premises in compliance with all requirements imposed by or pursuant to 14 CFR Part 152, Subpart E, Nondiscrimination in Airport Aid Program, Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and regulations may be amended, and with other applicable State and federal Iaws, rules, or regulations, as amended. B. Nondiscrimination - Business Owner. This Lease is subject to the requirements of 49 CFR Part 23. Lessee agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award of performance or any concession agreement, management contract or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. C. Remedy for Breach. If Lessee breaches a nondiscrimination covenant, the City may immediately reenter the Premises, and the Premises and all Lessee's interest therein reverts to the City. This provision is not effective until the procedures of 49 CFR Part 21 are completed, including exercise or expiration of appeal rights. D. Affirmative Action. Lessee covenants that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person on the Page 7 of 15 S &S Farm Lease 11 -29 -12 grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Lessee covenants that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart. Lessee further covenants to require its covered sub - organizations to provide similar assurances to Lessee to undertake affirmative action programs and to require assurances Rom their sub - organizations, as required by 14 CFR Part 152, Subpart E. Lessee, at its own expense, will comply with any applicable requirements of the Americans with Disabilities (ADA) Act, as it may be amended. Section 23. Compliance with Laws. A. General. Lessee must promptly observe, comply with, and execute the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders, and directives applicable to Lessee's use and occupancy of the Premises. failure to observe or comply with any law, rule, or regulation will subject this Lease to cancellation by the City under Section 24 of the Lease. B. Federal. Lessee covenants to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts that the U.S. Congress passes that apply to any entity that operates at the Airport. C. State and Local Laws. Lessee covenants to comply with all applicable State and local laws, rules, regulations, and policies. Section 24. Cancellation; Termination; Re- entry. A. Cancellation by Lessee. Without limiting any other rights and remedies to which Lessee may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be canceled by Lessee at any time after the happening, and during the existence, of one or more of the following events: 1. The permanent abandonment of the Airport; 2. The lawful assumption by the United States government, or any authorized agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, that substantially restricts Lessee from operating for at least 150 days; 3. The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport by the Lessee and that continues for at least 150 days; or 4. The default by the City in the performance of any covenant and the failure of the City to remedy the default within 60 days after receipt from Lessee of written notice to remedy the same. Page 8 of 15 S &S Farm Lease 11 -29 -12 B. Termination by City. Without limiting any other rights and remedies to which City may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by City if Lessee; 1. Is in arrears in the payment of any portion of the Lease Payment or of any fees or charges required to be paid by Lessee under this Lease in excess of ten (10) business days ( "business" days are Monday through Friday) or other time as may be provided herein; 2. Makes a general assignment for the benefit of creditors; 3. Abandons the Premises or any part thereof; 4. Otherwise defaults in the performance of any of Lessee's covenants and continues the default in excess of 30 days or other time as may be provided herein, after receipt of written notice from Aviation Director of the default. If the default cannot reasonably be cured within 30 days or within any other time set out in the notice of default, Lessee shall submit a plan to remedy the default to the Aviation Director for approval within thirty (30) days from receipt of the notice. The Aviation Director shall have sole discretion regarding the approval or rejection of Lessee's proposed plan. C. City's Right to Entry. 1. If the City terninates this Lease or if Lessee abandons the Premises, the City may enter upon the Premises. 2. In the event of terinination by City or abandonment by Lessee, Lessee hereby irrevocably appoints the City Manager as its agent to remove any and all persons and property from the Premises and place any property in storage for the account of and at the expense of Lessee. All property on the Premises is hereby subject to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Lease, and any and all exemption laws are hereby expressly waived in favor of said landlord's lien. Furthermore, it is agreed that said landlord's lien is not a waiver of any statutory or other lien given or which may be given to City by the Lessee but is in addition thereto. 3. Lessee agrees, that in the case of a default, if Lessee fails to remove any property on the Premises within thirty days following the default, the City Manager may sell Lessee's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Lessee, with the surplus, if any, to be mailed to Lessee at the address herein designated. If the City terminates this Lease and reenters the Premises, the City may relet the Premises and, if a sufficient sum is not realized after paying the expenses of the reletting to satisfy the rent owed and other sums agreed to be paid by Lessee, Lessee agrees to pay any deficiency within 30 days of the Aviation Director's written demand therefor. Page 9 of 15 S &S Farm Lease 11 -29 -12 D. Notice of Termination. If an event of default occurs and, after due notice identifying the default, the defaulting party has failed to cure, the complaining party may at any time after the expiration of any cure period terminate this Lease by providing written notice of termination. The Lease will be terminated on the date specified in the notice but not sooner than five (5) business days after the postmarked date of the notice. Rental payments are payable only to the date of termination. This Subsection is subject to the requirements set out in Subsection B of this Section. Section 25. Property Removal upon Expiration or Termination. A. Removal of Equipment. Upon termination or expiration of this Lease, Lessee may remove all equipment on the Premises so long as Lessee removes same within 30 calendar days after termination or expiration of the Lease. Any damage to the Premises caused by Lessee's removal of its property must be repaired by Lessee within 15 business days after termination or expiration of the Lease, at Lessee's expense, and to the satisfaction of the Aviation Director. B. Notwithstanding the foregoing, if Lessee fails to remove equipment within 30 days from the date of termination or expiration of this Lease, then the City Manager, may at his or her option, take title to the said personalty and sell, lease, or salvage the same, as permitted by law. Any net expense the City Manager incurs on behalf of the City in disposing of the personalty must be paid by Lessee within 10 days of the City Manager's written demand thereof. The City Manager will provide Lessee with a written itemized breakdown of the costs recaptured, if any, by the sale, lease, or salvage of the property, and the balance due, which must be paid by Lessee upon receipt of said itemized breakdown. Section 26. Holdover. Any holding over by Lessee of the Premises after the expiration or other termination of this Lease will be on a month -to -month tenancy at sufferance, at the then current monthly rental rate, and Lessee agrees to surrender the Premises upon 30 days written notice. Failure to timely surrender Premises following notice subjects Lessee to payment of a monthly holdover fee equal to the then current monthly rent (Lease Payment) for each month of delay, in addition to the payment of rent. Section 27. Re- delivery of Premises. Upon expiration or termination of this Lease, Lessee must deliver the Premises to City peaceably, quietly, and in as good condition as the same now are or may be hereafter improved by Lessee or City, normal use and wear thereof excepted. In addition to a landlord's lien provided by the law of the State of Texas, the City has a contractual lien on all property of Lessee on the Premises as security for nonpayment of rent. Section 28. Indemnification. A. GENERAL — Lessee must indemnify, hold harmless, and defend the City of Corpus Christi, its officers, employees, agents, and representatives from and against ally and all claims and causes of action, administrative proceedings, judgments, penalties, fines, damages, losses, demands, liabilities, or expenses whatsoever (including reasonable attorney's fees and costs of litigation, mediation, and administrative proceedings) which may be brought, alleged, or imposed against the City, its officers, employees, Page 10 of 15 S &S Farm Lease 11 -29 -12 agents, or representatives arising directly or indirectly from or in any way connecter) with (i) any property damage or loss, personal injury including death, or adverse effect on the environment arising out of Lessee's action or inaction with regard to the operations of Lessee hereunder, including the use or occupancy of the Premises, or in providing access to secured areas of the Airport as set out herein, excepting only that liability as may result from the gross negligence or the willful misconduct of the City, including its officers, employees, agents, and representatives; (ii) the failure of Lessee, its agents, or employees to comply with the terms and conditions of this Lease or to comply with any applicable federal, State, or local laws, rules, regulations, or orders including, but not limited to, any and all applicable federal, State, or local environmental laws, rules, regulations, or orders; or (iii) release of any hazardous or regulated substances or waste onto, into, or from the Premises or other Airport property, connecter) in any way with Lessee's operations or the action or inaction of Lessee, its agents, or employees, regardless of whether the act, omission, event, or circumstance constituted a violation of applicable law at the time of the occurrence. The rights and obligations set forth in this Paragraph shall survive the termination of this Lease. B. NOTICE Notwithstanding the above indemnifications, Lessee must give the Aviation Director notice of any matter covered hereby and forward to the Aviation Director copies of every demand, notice, summons, or other process received in any claim or legal proceeding covered hereby within 10 working days of Lessee's receipt of said notice, demand, summons, or other process. C. INDEMNITY WAIVER -- Lessee, if a charitable association, corporation, entity, or individual enterprise having or claiming an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, hereby expressly waives its right to plead defensively the immunity or exemption as against City, including its officers, employees, agents, or representatives, as the case may be. Section 29. Insurance. A. Lessee must provide insurance in the amounts and types of coverages required by the City's Risk Manager ( "Risk Manager "), a copy of which is attached and incorporated as Exhibit C. Lessee's insurance company must provide the Aviation Director and Risk Manager certificate(s) of insurance 30 days prior to the annual anniversary date of the Effective Date of the Lease, which shows the levels and types of insurance. B. The Risk Manager shall annually assess the levels and types of insurance required by the Lease. The Risk Manager may increase or decrease the levels or types of insurance by giving Lessee notice no less than 60 days prior to the annual anniversary date of the Effective Date of the Lease. Lessee has 30 days to procure the changed insurance and provide written proof of insurance to the Aviation Director. C. All insurance required by this Lease must be primary insurance and not in excess of or contributing with other insurance which Lessee may carry. All policies must narne the City as an additional insured. Page l l of 15 S &S Farm Lease 11 -29 -12 Section 30. Notice. A. Notices are sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service as addressed below: If to the City: Corpus Christi International Airport Attn: Aviation Director 1000 International Drive Corpus Christi, Texas 78406 If to Lessee: Scott Ordner Shane Suggs S &S Farms Partnership 2475 County Road 69 Robstown, Texas 78380 B. Either party may change the address to which notices are sent under this section by providing a change of address, in writing, to the other party within ten (10) business days of the change. Section 31. General Provisions. A. Mineral Rights. City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises. B. No Waiver of Forfeiture. Any failure or neglect of the City Manager or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive the City's or the Lessee's right thereafter to declare a forfeiture for a similar, other, or succeeding breach or default. C. Force Majeure. Neither the City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations hereunder by reason of force majeure. "Force majeure" means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, including inclement weather or periods of excessive rain or snow, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions or requirements, governmental regulations, governmental controls, inability to timely obtain governmental approvals, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, excluding the obligations imposed with regard to the payment of rental and other charges to be paid by Lessee pursuant to this Lease. D. Rules and Regulations. The Aviation Director may adopt and enforce rules, regulations, and policies to be uniformly applied to similar uses and users of similar space, which Lessee agrees to observe and obey with respect to the use of the Premises and the Airport, and the health, safety and welfare of those using the Premises and the Airport. E. Headings. The titles and headings in this Lease are used only for reference and in no way define or limit the scope or intent of any provision of this Lease. Page 12 of 15 S &S Farm Lease 11 -29 -12 F. Venue. Venue of any action brought under this Lease lies in Nueces County, Texas, exclusively, where the Lease was executed and will be performed. G. Successors and Assigns. Subject to the limitations upon assignment and transfer contained herein, this Lease binds and inures to the benefit of the parties hereto, their respective heirs, successors, and assigns. H. No Third Party Benefit. No provision of this Lease creates a third party claim against the City of Corpus Christi, the Airport, or Lessee, beyond that which may legally exist in the absence of any such provision.. I. Taxes and Licenses. Lessee must pay, prior to the past due date, all taxes of whatever character, including ad valorem and intangible taxes, that may be levied or charged upon the Premises or operations hereunder and upon Lessee's rights to use the Premises, whether the taxes are assessed against Lessee or City. Additionally, Lessee must pay any and all sales taxes arising in connection with its occupancy or use of the Premises whether the taxes are assessed against Lessee or City. Lessee must obtain and pay for all licenses or permits necessary or required by law for the installation of equipment and for the conduct of its operations under this Lease. If Lessee wishes to contest any tax or charge, that contest will not be a default under the Lease so long as Lessee diligently prosecutes the contest to conclusion and promptly pays whatever tax is ultimately owed. Furthermore, Lessee must pay any taxes not being contested prior to the past due date. J. Trash and Refuse. Lessee must airange for the collection and lawful disposal of all trash and other refuse resulting from its operation on the Premises. Lessee must provide and use, within Lessee's leased area, suitable sealed and fireproof receptacles approved by the Aviation Director for all trash and other refuse generated by Lessee's use of the Premises. The piling of boxes, barrels, or other similar items in or within view from a public area is not permitted. K. If Lessee consists of two or more individual persons or entities, each person or entity named in this Lease is jointly and severally liable for all performances, obligations, and duties imposed by the terms, conditions, and covenants of this Lease. L. Publication Costs. All costs for publication of notice of this Lease required by the City Charter, if any, must be paid by Lessee. M. Disclosure of Interests. In compliance with Section 2 -349 of the City's Code of Ordinances, the Lessee shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Lease. Page ] 3 of 15 S &S Farm Lease 11 -29 -12 EXECUTED IN DUPLICATE ORIGINALS this :a(-) day of , 2012. Attest: Armando Chapa City Secretary LESSEE: S & S Farms Partnership Signature Scott Ordner, Partner Signature Shane Suggs, Partner y� Signature Nova Ordner, Partner ignature Lisa Suggs, Partner STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI Ronald L. Olson City Manager Date "X/`-'?0 -/ 2 Date 11�3�-�iZ Date l� — Date This instrument was acknowledged before me on /V oue't"Levz 2012, by Scott Ordner, as partner of S & S Farms Partnership, Lessee. = CHELE HELPE7 MMISSION EXPIR�fi Not Public, St to fTexas Page 14 of 15 S &S Farm Lease 11 -29 -12 STATE OF TEXAS § COUNTY OF NUECES § Th'UM. ent_wac_ac T d before me on �oJ�,�, 3C , 2012, by Sh ,+;': 14, gs, as�lp €LR & Farms Partnership, e see. MY COMWSSION EXPIRES 9r of „= November 28, 2014 Notary ate of exas STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on NUJ�v�C1 ,z. 3� , 2012, by N ` nerd ��5 Farms Partnershi n;t+,�afrce ee. * MICHCLE HELPERT MY COMMISSION EXPIREF November 28, 2014 —I { Notar, of exas STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on aJ��j,/Zo , 2012, by Lisa Su s, as artner f S au4arms Partnership, Lessee. =01'Y MICHELE HELPERT ....c. �r MY COMMISSIoN EXPIRES NUYemI]P.r 28, 2014 Notary c Sta e of T xas Page 15 of 15 S &S Farm Lease 11 -29 -12 THIS CERT €FICATE IS ISSUED CERTIFICATE OF AS A MATTER OF INFORMATION. O LIABILITY DATE [MMlonmryr BERTIFICATI; 17pES NOT AFFIRMATIVELY OR t4EGATIVELY AMEND, EXTEND Oft ALTER THE CGiVERAC�E AFFORDED BY THE ER. RE 'PHIS CERTIFICATE OF INSURANCE II NOT CONSTITUTE A CONTRACT t3ETWEIrN THE N THE CERTIFICATE Tjjr: POLICIES THIS REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOI TIER. iO AUTHORIZED IMPORTANT: If the certificate hpttlerIs an ADDITIONAL INSURED, the Olic $StIfN% INSURER(S), AUT13Rtt €QED terms Ifi and coder in li of the policy, certain policies may require an endOrM$6 Trent T Atstaternenit an this Gertifi ate does not acnD right. bt to the CertlflCate holder in lieu of such erido€�serneDt {g }, PRODUCER to the B - RENT — OSTERMANN NLJECE'S COUNTY FARM BUREAU PO BOX 912 ROBSTOWN TX 78384 INURED .....__......___°_____-- _'��_._...�— ..___ ............. Scott Ordener & Shane SUggs RBA; S & S f=arms Partnership 2475 Cnunty Road. 69 ROBSTOWN TX 78380 -5693 wo�3B1F387 -�s25 _. —. ._..- .-- .- -___._ INSURERC: TFR Tier ITl rAt COVERAGES CER711=ICATE NliM13ER. INSURER F THIS IS TO CERTIFY TSTA DIN FOL €CIEs OF INSURANCE I €STEP BEL0IAI HAVF BEEN ISSLlt Ll TO THE (NSLIRED NAMED NUM R- THE A(7L rl`NDIC�ATII NOTW€THSTANDING flNY REQU €RE{UIENT, TERM OR CONQI ION OF ANY CO(UTitAGT OR OTHER IIOC MIRi� Wl �$R � PECT TO 1 CERT $ION NAY BE )TIo D OR MAY pi R7A €N. THE INSURANCE AFFORDED 8Y THE POLICIES gEgCRI13Ei7 HER / €N IS SUBIECT 70 ALL T EXCL t1SIQN8 AND C ONpITI(3NS OF St)CN rtiOLIC €ES. LIAAlTS SHAWN Mqy I1AV( BEEN REiiUCELl SY P . ICY PERIOD INSr2' _..... . ..„_ Wii-ICH 7rHS L'rR I rYlaEO�INSURarocs — ..- AnbL suBR ry -- _— _ AVE - .W A(D CLA €tNS_ HE TERMS, A GENERAL LIABILITY _ _ POLICYNUMBER P *LiCYQ_VF T-P(fLiFsY. XP MMMD Mtn R'YYY ' -- X i COMMERCIAL GENERAL LGSBELIil 54$81$ fl %($$j�Q12 , d7 /$6i2d`I3 ' EACH flCCURRENC£ l ..I ;._.. jCIA(t 8 -MAO/ OCCUR X f i'UAWAC�7?)'7 NR rE6 t � �APURGONAL4�ADVINJURV ED EXGENT AGGREGATE LIMITApPUESpt:R: _ PRO- r_,.__. GIw'NERALAGG1 X POLICY r € LOC __ PRODUCTS • COMPIOP AG(3 g ' AIiTOMQgILEUAB1LITy _ I [----- �-- �_......._.__.__ __..._._.._,_...�_.....__,w._.- _Y_..,..._ 8 € - Flre /Damage Limit s I _ I ANY At.-To 2 469044 I . X 47/69/2092 ? 01/06/2013 MNES I 50,000 n ALLOWNEDAUTOS S AcuD f SCHEDULED AUTOS � B£iI�ILYINJURY €Pe1 )( 3>erson) g HIREDA UGDILYiNJURY[Reraceident} S PROPERTY NON- OH'NEDRUTOS DAMAGE (Per accident) X I UrABRE€.LA LIA13 . X I dCCUR EXCES5L(AD I L11785d _ GLAIM& -MAD/ 07/0612012 107/06/2013 � �ACI-I OCCURRENCE DEDUCTIBLE v � - I AGORiGATE RETLN`11014 s s 5.400.404 W`ORRERS C0 pApENSATtoN 5 AND EMPLOYERS• LIABILITY ANY PROPRIETORIPARTHERIEXEG1JTIyi` YIN ' 1"!C STArU. $ OFFICERIMEMBER EXCLUDE©? ._- LT013j LITdIT OTH- lfManda2o inNfi NrR I1ISd2SCYRbBandeF E.L`EACHACCIDEIT g E -L. DISEASE - £A EMPLOYE; t€ i E•L. DISEASE _ POLICY LIMIT j S DESCRIPTION OFOpERgTION31L ¢CAITONS1VIwH1GL£S r Attac ?092 AIR hACORDyBf. R# itinnalRemartcsSc }ISdujgIimoFeapacptsrequtred} AIRPORT LAND LEAST ir CITY OF CORPUS CHRIST! SHOULD ANY 0J= THE ABOVE DESCRIBED PoI.IC.IE$ BE CANCELLED BEFORE THE a /cI21. i( €ll(Ai�1AG 1U€�NT q^ Rt/i(,, .ci EXI" I'ION DATE THEREOF, NOTICE WFLL BE DELIVERED IN ACCORDANCE WITH THE Pr3LICY PRQVlSIOtJS, PO BOX 9277 CORPUS CHRIST! TX 78469 -9277 AUTHORIZED Rainve NTATtua BR!_NT KLOSTERMANN ACCORD 2$ {2009109} The ACCORD name d OO Iggo ars registered marks of 4C ROi 4tli Ail rights reserved. I DEPARTMENT OF AVI A -M OIL, EXI-IIM "9" 5 +S FARNI LEASE CORPUS CHRISTI INTERNATIONAL AIRPORT 2012 mw� zm CITY OF CORPUS CHRISTI DISCLOSURE OF OWNERSHIP INTERESTS City of Corpus Christi Ordinance 17112 requires all persons (APPLICANT) seeking to do business with the City to provide the following information. Every question must be answered. Ifthe question is notapplicable, . answer with "N /A." APPLICANT NAME: <4 ft yz M APPLICANT ADDRESS: �`� '7 �' J� {p Dl }��1 j 5 }-�, X 7Y-? 9 O APPLICANT is 1. Corporation( 2. Partnership (AY/ 3. Sole Owner( } 4. Association () 5. Other ( ) Please answer the following questions on a separate attached sheet if necessary. SECTION I — CORPORATION Ia. Names and addresses of all Officers and Directors of Corporation. 1 b. Names and addresses of all shareholders of the Corporation owning shares equal to or in excess of three percent (3 %) of the proportionate ownership interest and the percentage of each shareholder's interest. (Note: Corporations which submit S.E.C. form l OK may substitute that statement for the material required herein.). In SECTION 2 — PARTNERSHIP /ASSOCIATION /JOIINT VENTURE 2a. The name, address, and percentage of interest of each partner whose interest therein, whether limited or general, is equal to or in excess of three percent (3 %). 5;_o OrAi Pv' z l- S►nr.,, S 5 5 l A c s� {moo,, I`�o�5 tv�•.7 ►�� "rX 7�' D J��bS#�c..�� r T J� 7 �� 2b. Associations: The name and address of all officers, directors, and other members with three percent (3%) or greater interest. ' V /�— SECTION 3 — ALL APPLICANTS — ADDITIONAL DISCLOSURE 3a. Specify which, if any, interest disclosed in Section 1 or 2 are being held by agent or trustee and give the name and address of principal AND /OR by a trust and give the trust number, institution, name and address of trustee or estate administrator and name, address, and percentage of interest in total entity, Ai I li 3b. If any interest named in Section 1 or 2 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a three percent (3 %) interest in that "holding" corporation or entity as required in 1(a), I (b), 2(a), and 2(b). K) 14 3c. If "constructive control" of any interest named in Section I or 2 is held by another party, give name and address of party with constructive control. ( "Constructive control' refers to control established through voting trusts, proxies, or special terms of venture or partnership agreements.) 3d. If any interest named in Section 1, 2, 3a, 3b, or 3c is being held by a member of the City Council, an employee, or a member of a Board or Commission appointed by the City Council of the City of Corpus Christi, state the name, address, and whether the individual is a member of the City Council, an employee, or a Board or Commission member. I have not withheld disclosure of any interest known to me. Information provided is accurate and current. will be responsible for submitting a revised form if any of the above information changes. Signed this the Q day of d � 10\19W1 �Y" , 2012. Signature of Person Pr mg tatement Naive and Tit e BEFORE ME, the undersigned authority, this day personally appearedsr,.,4 04I.-e -V (name of affiant) and by oath stated that the facts hereinabove stated are true and correct to the best of (his/her) knowledge or belief. SWORN TO AND SUBSCRIBED BEFORE me on this da of A)uyevt, �61,1 , 2012. r oissiwwoo aw ,: = Notary tat f , & p AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 23, 2013 1852 Second Reading Ordinance for the City Council Meeting of April 30, 2013 DATE: March 29, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Department of Development Services MarkVV @cctexas.com 361- 826 -3246 Reimburse Jimmie and Barbara Moretich for the wastewater development fees paid in 1993 CAPTION: Ordinance appropriating $3,143.60 from the No. 4220 Wastewater Trunk System Trust Fund to refund Jimmie J. Moretich and Barbara A. Moretich wastewater lot /acreage fees previously paid for Lot 7, Block 3, Farias Grant Subdivision and authorizing the City Manager or designee to issue payment. PURPOSE: In accordance with the Unified Development Code, Section 8.5.2.G.1, the property owner may petition the City Council to determine whether the wastewater acreage should be refunded. BACKGROUND AND FINDINGS: In December 1993, Mr. & Mrs. Moretich paid the wastewater acreage fee as required during the replat of their property. The Platting Ordinance in 1993 required payment of the wastewater acreage fee or an exemption from the fee by the City Council. The applicant paid the fee. In the 1993 Platting Ordinance as well as the current Unified Development Code (UDC), the property owner may request a refund of the fees paid. The refund request must be made after 10 years and before 20 years from the date of the filing of the plat. The UDC states that the City Council may decide during a hearing to refund the monies if the petitioners are the property owners; no wastewater lines currently serve the petitioners' property; and the property is not likely to be served within the next 5 years. The refunds will be appropriated from the Wastewater Trunk System Trust Fund, if funds available. The refund shall include a 5.5% interest per annum from the date of filing of the plat. The order of refunds will be determined according to the date the application for refund is approved by the City Council. The plat of Farias Grant Subdivision, Block 3, Lots 7 & 8 was recorded on December 14, 1993. It has been 19 years since the plat was recorded. Based on the criteria stated above and the payment of $1,136.66 in 1993, the Moretich are currently due $3,143.60. Since the fee was paid in 1993 and has been accruing interest, it is in the best interest of the City to authorize payment to Mr. & Mrs. Moretich. Until Mr. & Mrs. Moretich are refunded their monies, the amount due will continue to increase. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable. Refund request. EMERGENCY /NON- EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: Fund(s): Wastewater Trunk System Trust Fund Comments: N/A RECOMMENDATION: Staff recommends approval of the appropriations ordinance to the refund of Mr. & Mrs. Moretich's wastewater acreage fee plus the required 5.5% interest per annum. LIST OF SUPPORTING DOCUMENTS: Location Map Moretich's Refund Request Ordinance Project to Date Fiscal Year: 2011- Expenditures 2012 CIP only) Current Year Future Years TOTALS Wastewater Trunk System Trust Fund $710,372.66 Encumbered / Expended Amount $255,696.03 This item $3,143.60 BALANCE $451,533.03 Fund(s): Wastewater Trunk System Trust Fund Comments: N/A RECOMMENDATION: Staff recommends approval of the appropriations ordinance to the refund of Mr. & Mrs. Moretich's wastewater acreage fee plus the required 5.5% interest per annum. LIST OF SUPPORTING DOCUMENTS: Location Map Moretich's Refund Request Ordinance w z 0 0.045 0.09 LVN ■ Miles 0.18 Legend III {�VI� r........ i PLANNING. C/TYL/M/TS Title: Printing Date: 10/22/2012 File: K: \DevelopmentSvcs \SHARED \GIS Projects \4Miguel\ London _Club_ Estates _Lt11_Blk4.mxd Prepared By MSS Illustrative purposes only Coordinate System: NAD 1983 StatePlane Texas South RIPS 4205 Feet © City of Corpus Christi © Development Services Ll Jim & Barbara Moretich 4426 Bonner Corpus Christi, TX 78411 361 658 -8692 August 14, 2012 Miguel Saldana City of Corpus Christi Development 2406 Leopard St. Corpus Christi, TX 78408 RE: Lot 7, Blk 3 of Gregorio Farias Grant Dear Mr. Saldana: We own the property at 4201 Loma Alta Street in Corpus Christi. In 1993 we paid for platting, including sewer fee. We were aware that if sewer was not placed on the property that we would be reimbursed that fee plus interest. Per my (Jim) conversation with you on August 14 @ 11:00 a.m. it continues to be evident that there are no plans to place sewer in this area, therefore; we would like to again ask for the return of the fee. Copies are included as proof of this transaction. Miguel, thanks for assisting us with this process. If there is an issue that might hold up this reimbursement, please let us know as we would like it expedited. Please note the change of address to 4426 Bonner, Corpus Christi, TX 78411. Sincerely, /Jim Moretich a Barbara Moretich 0 AGENDA MEMORANDUM xi First Reading Ordinance for the City Council Meeting of April 23, 2013 1852 Second Reading Ordinance for the City Council Meeting of April 30, 2013 DATE: March 29, 2013 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Director Department of Development Services 361- 826 -3246 Reimburse MPM Development, L.P. for the construction of a 12 -inch water line in the Royal Creek Estates Unit 4 Subdivision CAPTION: Ordinance appropriating $18,171.34 from the No. 4030 Water Distribution Main Trust Fund to reimburse MPM Development, L.P. ( "Developer"), for the construction of a 12 -inch water line in accordance with the approved water arterial transmission and grid main reimbursement agreement executed between the City and the Developer. PURPOSE: Approval of the ordinance to reimburse the developer for the construction of a 12 -inch water line shown in the Water Master Plan. The construction of the water line improves the circulation of the water. BACKGROUND AND FINDINGS: The developer, MPM Development LP, developed a 38 -lot single - family residential subdivision known as Royal Creek Estates Unit 4. The tract of land is located south of Yorktown Boulevard and east of Cimarron Boulevard. On September 11, 2012, The City Council approved a reimbursement agreement in the amount of $18,171.34. ALTERNATIVES: None OTHER CONSIDERATIONS: 1►= City Council Summary Mostaghasi Investment Trust Appropriation Ordinance Page 2 CONFORMITY TO CITY POLICY: The construction of the 12 -inch waterline is consistent with the Water Master Plan. EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: The Department of Finance has reviewed the funds available from the Water Arterial Transmission and Grid Main Trust Fund and have verified that the monies are available for the requested reimbursement. FINANCIAL IMPACT: N/A Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Water Arterial Transmission and Grid Main Trust Fund $785,538.28 This item $18,171.39 BALANCE $767,366.94 Fund(s): Water Arterial Transmission and Grid Main Trust Fund Comments: The requested monies are consistent with the approved reimbursement agreement. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Approved Reimbursement Agreement K. \DEVELOPMENTSVCS \SHARED \LEGISTAR \2013 CC AGENDA ITEMS \04 -30- 2013 \MPM DEVELOPMENT \AGENDA MEMO, MPM DEVELOPMENT, REIMBURSEMENT FOR 12 -INCH WATER LINE, 4- 30- 2013.DOC Ordinance appropriating $18,171.34 from the No. 4030 Water Distribution Main Trust Fund to reimburse MPM Development, L.P. ( "Developer "), for the construction of a 12 -inch water line in accordance with the approved water arterial transmission and grid main reimbursement agreement executed between the City and the Developer. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $18,171.34 is appropriated from the No. 4030 Water Distribution Main Trust Fund to reimburse MPM Development, L.P. ( "Developer "), for construction of a 12 -inch water line in accordance with the executed Water Arterial and Grid Main Reimbursement Agreement approved by the City Council on September 11, 2012 (Motion 2012 -163) and executed with the Developer. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 CITY OF CORPUS CHRISTI Nelda Martinez Mayor 0 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of April 23, 2013 1852 Second Reading /Action Item for the City Council Meeting of April 30, 2013 DATE: April 3, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services MarkVV@cctexas.com (361) 826 -3246 Reimburse Forestar (USA) Real Estate Group, Inc., for the construction of Tortuga Dunes /Zahn Road /Packery Channel Wastewater Lift Station and Force Main Improvements CAPTION: Ordinance appropriating $450,000 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real Estate Group, Inc. ( "Developer ") for the construction of the Tortuga Dunes /Zahn Road /Packery Channel wastewater lift station and force main improvements in accordance with the approved reimbursement agreement executed with the Developer. PIIPPO-RF- Reimburse Forestar (USA) Real Estate Group, Inc., for the construction of the lift station and dual force mains. BACKGROUND AND FINDINGS: Under the Construction and Reimbursement Agreement Tortuga Dunes /Zahn Road /Packery Channel Development Area Wastewater Lift Station and Force Main Improvements and per the existing Platting Ordinance at the time the agreement was executed, Forestar (USA) Real Estate Group, Inc., is requesting a reimbursement per the Construction and Reimbursement Agreement Tortuga Dunes /Zahn Road /Packery Channel Development Area Wastewater Lift Station and Force Main Improvements. The City's Whitecap WWTP Service Area Master Plan required the construction of a lift station and dual force mains in order for the Packery Channel Development Area and The Preserve at Mustang Island, Unit 1, and adjacent areas in Whitecap WWTP Service Area 11 to have sanitary sewer service. The reimbursement agreement amount approved is $2,457,890.25. The total amount paid to date is $1,596,503. The outstanding balance as of March 25, 2013 is $861,387.25. The current appropriation request is $450,000. The total amount due after appropriation is $411,387.25 (see table for detailed information). Agreement Approved Amount $2,457,890.25 Date Current Year Paid Amount 6/18/2009 $ 432,503.00 12/16/2010 $ 514,000.00 1/11/2012 $ 432,503.00 1/18/2012 $ 217,497.00 Total Paid Out $ 1,596,503.00 Outstanding Balance as of 3/25/2013 $ 861,387.25 Current 5/2/2013 Appropriation Request $ 450,000.00 Outstanding Balance after Appropriation $ 411,387.25 ALTERNATIVES: Denial of the ordinance appropriating $450,000.00 OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer has constructed the Zahn Road Lift Station and Dual Force Mains per Construction and Reimbursement Agreement Tortuga Dunes /Zahn Road /Packery Channel Development Area Wastewater Lift Station and Force Main Improvements. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Sanitary Sewer Trunk System Trust Fund Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $710,372.66 Encumbered / Expended Amount $258,839.63 This item $450,000.00 BALANCE 1 $1,533.031 1 Fund(s): Comments: The encumbered amount includes the reimbursement of Acreage fees to Jimmie & Barbara Moretich. RECOMMENDATION: Staff recommends approval of appropriation ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Reimbursement Agreement Ordinance appropriating $450,000 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real Estate Group, Inc. ( "Developer") for the construction of the Tortuga Dunes /Zahn Road / Packery Channel wastewater lift station and force main improvements in accordance with the approved reimbursement agreement executed with the Developer. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $450,000 is appropriated from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real Estate Group, Inc. ( "Developer "), for construction of the Tortuga Dunes /Zahn Road/ Packery Channel wastewater lift station and force main improvements in accordance with the reimbursement agreement approved by the City Council on March 31, 2009 (Motion 2009 -078) and executed with the Developer. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 2013. CITY OF CORPUS CHRISTI Nelda Martinez Mayor CONSTRUCTION AND REIMBURSEMENT AGREEMENT Tortuga Dunes /Zahn Road /Packery Channel Development Area Wastewater Lift Station and Force Main Improvements THE STATE OF TEXAS COUNTY OF NUECES This Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Forestar (USA) Real Estate Group Inc., a Delaware corporation duly authorized to do business in Texas ( "Developer"), whose headquarters is located at 6300 Bee Caves Road, Building Two, Suite 500, Austin, Texas 78746. WHEREAS, Developer in compliance with the City Platting Ordinance, has fled a plat to develop a tract of land of approximately 33.53 acres called The Preserve at Mustang Island, Unit 1, along Zahn Road, as shown in the attached EXHIBIT 1; WHEREAS, the City's Whitecap WWTP Service Area Master Plan requires the construction of a lift station and dual force mains in order for the Packery Channel Development Area and The Preserve at Mustang Island, Unit 1, and adjacent areas in Whitecap WWTP Service Area 11 to have sanitary sewer service; WHEREAS, the provision of central wastewater service and additional area infrastructure improvements are necessary to timely advance the joint development goals of the Packery Channel Development Area, as intended by the City and the General Land Office of the State of Texas, and as enumerated in the Padre Island Action Plan; WHEREAS, the lift station and dual force mains are not in place at this time, but these improvements are included in the City's Wastewater Treatment Plant Master Plan for the Whitecap WWTP Service Area, to provide City wastewater service to Service Areas 11 and 12; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of the lift station and dual force mains; WHEREAS, under the Platting Ordinance, the Developer is eligible for full reimbursement of the Developer's costs incurred for the construction of the lift station and dual force mains on behalf of the City; WHEREAS, it is essential that the lift station and dual force mains be constructed in connection with The Preserve at Mustang Island, Unit 1, development for service to be provided upon completion of The Preserve at Mustang Island, Unit 1; and WHEREAS, it is to the best interest of the City and the Developer for the Zahn Road Lift 2009-126 -rains be constructed in accordance with the City of Corpus 03/31/09 Page 1 of 8 M2009 -078 Forestar (USA) Real Estate Group oad LS FM dr -bcr 03022009 (2).doc Christi Ordinances as specified in the Wastewater Treatment Plant Master Plan for the Whitecap WWTP Service Area and within the Zahn Road Lift Station and Force Main Design Memorandum; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Zahn Road Lift Station and Dual Force Mains under the Design Memorandum as required for the Packery Channel Development Area, the Preserve at Mustang Island and for additional adjacent property in Service Areas 11 and 12, in compliance with the City's Platting Ordinance and under the plans and specifications approved by Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer has contracted with a professional engineer, Naismith Engineering, Inc., who were acceptable to the City's Development Services Engineer, which firm has prepared and obtained the January 22, 2008 approval of the City's Development Services Engineer for the Zahn Road Lift Station and Force Main Design Memorandum; which firm has also prepared detailed plans and specifications for the Zahn Road Lift Station and Force Mains, with the following basic design parameters: (1) LIFT STATION: (a) Lift station structure designed for ultimate capacity of 0.6 MGD. (b) Pump installation and design will be based on the following phasing with Developer installing Phase 'I as part of this Agreement: (i) Phase 1 initial design Q = 121 GPM. (ii) Phase 2 add force main capacity Q =277 GPM (iii) Phase 3 add Svc. Area 12 flows Q =418 GPM or 0.6GPD. (2) DUAL SANITARY SEWER TRUNK FORCE MAINS: (a) Install 7,124 feet of 4" PVC and 1,400 feet of 4 "HDPE sanitary sewer force main line and appurtenances. (b) Install 7,124 feet of 6" PVC and 1,400 feet of 6" HDPE sanitary sewer force main line and appurtenances. (c) At the Packery Channel crossing, install four (4) additional pipes in the existing channel crossing sleeve, each 1,400 feet long, three (3) of 8" HDPE, and one (1) of 2" HDPE, and appurtenances. Page 2 of 8 Trust Fund Reim bAgrment - Zahn Road LS FM dr -bcr 03022009 (2).doc (d) The force mains described in subparagraphs (a), (b), and (c) of this paragraph will begin at the Zahn Road Lift station and end at an existing wastewater manhole located at a point across South Padre Island Drive (Park Road 22) designated by the City, where they will terminate at an existing manhole. The size of the force mains were dictated by the design as approved by the City of Corpus Christi. b. The plans and specifications for the lift station and dual force mains are those prepared by Naismith Engineering, Inc., under Job No. 7818, dated and sealed on June 5, 2008. 3. SITE IMPROVEMENTS. Prior to construction of the lift station and dual force mains, Developer shall acquire from General Land Office (for the Permanent School fund) the two sewer easements and from a private landowner one sewer easement to permit the dual force mains to be connected across Packery channel to the City of Corpus Christi Whitecap sewage collection system at a manhole located at a point adjacent to South Padre Island Drive (Park Road 22) as identified and directed by City of Corpus Christi. These easements will be granted to the City of Corpus Christi or upon City acceptance of improvements dedicated to the City of Corpus Christi, as instructed by the City. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance, if any. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer has taken bids for the work under the requirements of the City of Corpus Christi, and shall award a contract and complete the lift station and force mains, under the approved plans and specifications, no later than 270 working days after the date of approval of this Agreement by the City of Corpus Christi (subject to extension for force majeure delays). 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this agreement. 7. DEFAULT. a. The following events constitute default: 1. Developer fails to award a contract for the construction of the project, under the approved plans and specifications, by the 30th calendar day after the date of approval of this Construction and Reimbursement Agreement by City Council. 2. Developer's contractor does not reasonably pursue construction of the project under the signed bid documents accompanying the approved plans and specifications. 3. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before 240 work days after receiving notice to proceed (subject to extension for force majeure delays). Page 3 of 8 Trust Fund Reim bAgrment - Zahn Road LS FM dr -bcr 03022009 (2).doc b. In the event of default, the City has all its common law remedies in addition to the following: 1. Cancellation of this reimbursement agreement after notice and opportunity to cure as provided herein. 2. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253, and must be in the form and substance as attached to this agreement. The performance and payment bond must name Developer and City as joint obligees. 10. NOTICE AND CURE. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party at the following address: 1. if to the Developer: Forestar (USA) Real Estate Group Inc. 6300 Bee Caves Road, Building Two, Suite 500 Austin, Texas 78746 Attn: Wayne McDonald, Senior Vice President With copy to: Forestar (USA) Real Estate Group Inc. 6300 Bee Caves Road, Building Two, Suite 500 Austin, Texas 78746 Attn: General Counsel Page 4 of 8 'trust Fund ReimbAgrment - Zahn Road LS FM dr -bcr 03022009 (2).doc 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Should Developer fail to perform any obligation or duty of this agreement, the City shall give written notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer commence to perform the obligation or duty within 25 days after receipt of such notice, and continue such performance with diligence, then no event of default shall be deemed to have occurred. c. But if Developer should fail to perform or commence to perform the required obligation or duty within 25 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. d. In the alternative, in the event of Developer's failure to cure or commence to cure any such breach within 25 days after receipt by Developer of a second notice in writing from City of the need to perform the obligation or duty, the City may terminate this agreement. e. If City has performed an obligation or duty of Developer, then Developer shall pay to City the cost of such performance within 30 days from the date Developer receives written notice and substantiation of the cost to City of such performance. f. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof 'of delivery, delivery prepaid; or by personal delivery. g. The provision for notice and cure contained in this agreement do not apply to a default under Section 7(a) of this agreement. h. The dates for completion of the lift station and dual force mains may be extended for each day that completion is delayed by inability to obtain labor or materials, weather making the work impracticable, acts of God, or other forces beyond the control of Developer (but not financial inability). These causes of delays are called "force majeure ". 11. WARRANTY. Developer shall have contractor execute a warranty of the workmanship of the lift station and dual force mains for a period of one year from and after the date of acceptance of the facilities by the Development Services Engineer. The warranty must be assigned and transferred to the City upon completion of this project. Page 5 of 8 Trust Fund Reim bAgrment - Zahn Road LS FM dr -bcr 03022009 (2).doc 12. REIMBURSEMENT a. Subject to availability of funds in the Sanitary Sewer Trunk System Trust Fund, and the appropriation of the funds by the City Council, the City will reimburse the Developer 100% of the cost of the lift station and dual force mains, including in the calculation of such cost, but not limited to the following items: The payments to a contractor for the construction and installation of the lift station and dual force mains, costs of permits and inspection fees, costs of design and construction inspection, costs of easements from General Land Office and private parties, and the costs of environmental permitting, but not including the costs of mitigation of impacts. The costs to be reimbursed are those described on "Project Costs - Exhibit B" prepared by Naismith Engineering, Inc., and attached hereto. The City will, contingent on collection of sewer acreage and lot fees, continue to deposit funds into the Sanitary Sewer Trunk System Trust Fund consistently with past practices. b. If funds are available and appropriated during the construction of the lift station and dual force mains, the City agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed. Reimbursement of eligible costs will be made by the later of within 15 days from the date of invoice or 15 days from funds becoming available and appropriated. c. To be eligible for reimbursement, the work completed to date must comply with the approved plans and specifications, and have been inspected and are acceptable by the City, which inspection and acceptance will not be unreasonably delayed, withheld or conditioned. d. If funds are not available or appropriated until after the work has been completed, the City will reimburse the Developer when the funds are available and appropriated in the Sanitary Sewer Trunk System Trust Fund. The order of reimbursement of un- reimbursed developers will be determined according to the dates the sanitary sewer trunk system construction and reimbursement agreements are approved by the City Council. Only two projects, being Bahia Vista Subdivision Unit I and 37 Industrial Park, are currently beneficiaries of dates of reimbursement agreements approved by City Council which are earlier than the lift station and dual force mains which are the subject of this agreement. 13. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees (Indemnitees ") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this lift station and dual force main construction. 14. DISCLOSURE OF OWNERSHIP INTEREST. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of Page 6 of 8 Trust Fund ReimbAgrment - Zahn Road LS FM qr -bcr 03022008 (2).doc this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 44C„ 15. AGREEMENT EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this /oday of , 2009. ATTEST: THE CITY OF CORPUS CHRISTI r / By: I-WJe Ov Armando Chapa g R. Escobar City Secretary Ity, Manager r APPROVED AS TO FORM:_ day of 2009 By: R. J Re' ing FirXt ssfs cant C-6/Attorney THE STATE OF TEXAS COUNTY OF NUECES tiaoq_ 0.9.9, AUTHORIZED 9Y COUNCIL .. 3 3 La.... _. .................... ............... A. s SECRETAar 104 This instrument was acknowledged before me on , 2009, by 'Angel R. Escobar, City Manager, City of Corpus Chrlst , Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Pu 0 c, State of4exas Page 7 of 8 Trust Fund Reim bAgrment - Zahn Road LS FM qr -bcr 03022009 (2).doc HOLLY HOUG14M i W CoM14p$ M EXPIRES sepkmbar2s, xGia DEVELOPER: FORESTAR (USA) REAL ESTATE GROUP INC. BY: [NAM r=1 [TITLE] THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on KAAz k I °I qlr` , 2009, by Wo- c d , Senior Vice President of Forestar (USA) Real Estate Group Inc., a De ware corporation on behalf of the corporation i Notary Public, State of Texas Page 8 of 8 Trust Fund Reim bAgrment - Zahn Road L5 FM dr - -bcr 03022009 (2).doc ,`�Q(IAY•�fl�,`'• SOPHIA A. WILCOX n. Notary Public, State of Texas *= •y MY Commission Expires MARCFI 20, 2010 Page 8 of 8 Trust Fund Reim bAgrment - Zahn Road L5 FM dr - -bcr 03022009 (2).doc Project Costs - Exhibit B Title: Zahn Road Lift Station & Force Main NEI #: 7818 Date Award: September 2, 2008 Original Contract Amount: $2,457,890.25 Total Change Order Amount: $0.00 Adjusted Contract Amount: $2,457,890.25 Date Contract Commenced: Original Contract Days: Change in Contract Days: Adjusted Contract Days: NaismM EngineeringAm 4501 Gdlihar Road. Con,us Clrristi, TX 78411 361- 814 -9906 Fax 361- 814 -4401 240 Working Days 0 Working Days 240 Working Days A. AMOUNT OF ORIGINAL CONTRACT ITEMS COMPLETED TO DATE: NEI Engineer: Craig B. Thompson, P.E. ITEM No. Date: QUANTrrY NEI Contact: Thomas Tiffin Inspected By: Owner: The Preserve at Mustang Island, L.L.C. Contractor: Big State Excavation Contact: Barrett Allison Contact: Gary Meurer Address: 1300 S. Mopac Expressway Address: PO Box 260297 LF Austin, Texas 78746 $2.00 Corpus Christi, Texas 78410 Phone: (512) 422 - 2209 Phone: (361) 537 - 5013 1 $1,000.00 $1,000.0 4 A. AMOUNT OF ORIGINAL CONTRACT ITEMS COMPLETED TO DATE: Lift Station ITEM No. DESCRIPTION QUANTrrY UNIT QUANTITY COMPLETE CONTRACT UNIT PRICE TOTAL COST 1 Stabilized Construction Entrance & Exit 1 EA 1 $2,000.00 $2 000.0 2 Reinforced Filter Fabric Fence 333 LF 333 $2.00 $666.0 3 Ha Bales 1 LS 1 $1,000.00 $1,000.0 4 Site Clearing and Stripping 0.32 AC 0.32 $3,000.00 $960.0 5 Site Grading 1 LS 1 $3,000.00 $3,000.0 6 Lift Station and Appurtenances 1 LS 1 $580,000.00 $580,000.0 7 Dewatering / Well Pointing for Lift Station and Appurtenances Installation 1 LS 1 $50,000.00 $50,000.0 8 Odor Control i LS 1 $140,000.00 $140,000.0 9 8" Gravity Sanitary Sewer 110 LF 110 $140.00 $15,400.0 10 8" End Plu 2 EA 2 $100.00 $200.0 11 12" Gravity Sanitary Sewer 70 LF 70 $160.00 $11,200.0 12 Sanitary Sewer Fiberglass Manhole 5' Diameter IT - 21' Depth 1 EA 1 $20,000.00 $20,000.0 13 Tie to Public Sanitary Sewer Manhole Stub Out 1 LS 1 $2,500.00 $2,500.0 14 Dewatering / Well Pointing for Sanitary Sewer Gravity Line Installation 1 LS 1 $1,000.00 $1,000.0 15 Trench Safety 200 LF 200 $15.00 $3,000.0 16 PVC Pressure Pipe - 4" 130 LF 130 1 $20.00 $2,600.0 17 Dual Water Service Connection I EA 1 $2,500.00 $2,500.0 18 Connection to Existing 8" Water Pie I LS 1 $2,500.00 $2,500.0 19 Crushed Limestone on Landscape Fabric - 6" 1 LS 1 $10,000.00 $10,000.0 20 Reinforced Concrete Pavement - 5" 208 SY 208 $130.00 $27,040.0 21 HMAC Pavement Repair for Street Improvements 7 SY 7 $275.00 $1,925.0 22 Cantilever Gate with Card Reader t LS 1 $32,000.00 $32,000.0 23 Concrete Masonry Wall with Footing 197 LF 197 $500.00 $98,500.0 24 SCADA RTU Panel for Two Pump Lift Station w/ Flow by Rabalais instrument & Electrical 1 LS - 1 $35,000.00 - - $35,000.0 -- IC-omtntctors Page 1 of 2 Title: Zahn Road Lift Station & Force Main NEI #: 7818 Force Main ITEM NO. DP.SCRIPrION QUANTITY UNIT QUANTITY COMPLETE CONTRACT UNIT PRICE TOTALCOST 25 Reinforced Filter Fabric Fence 4,605 LF 4,605 $2.00 $9,210.0 26 Straw Bale Fence (Force Main) I LS 1 $200.00 $200.0 27 4" PVC AWWA C900 -DR18 -150 si Force Main 7,124 LF 7,124 $18.00 $128232.0 28 4" HDPE - 150psi Force Main 1,400 LF 1,400 $5.00 S7,000,0 29 4" PVC AWWA C907 Class 150 Fittings 13 EA 13 $400.00 $5,200.0 30 4" Air Release Valve 3 EA 3 $4,000.00 $12,000.0 31 6" PVC AWWA C900 -DR18 -150 si Force Main 7,124 LF 7,124 $21.00 $149,604.0 32 6" HDPE - 150psi Force Main 1,400 LF 1,400 $9.00 $12,600.0 33 6" PVC AWWA C907 Class 150 Fittings 13 EA 13 $450.00 $5,850.0( 34 6" Air Release Valve 3 EA 3 $4,000.00 $12,000.0 35 Packery Channel Casing Connection 2 EA 2 $5,000.00 $10,000.0 36 8" HDPE - 150psi Pie "A" 1,400 LF 1,400 $16.00 $22,400.0 37 8" HDPE - 150psi Pipe "B" 1,400 LF 1,400 $16.00 $22,400.0 38 2" HDPE - 150psi Pipe "D" 1,400 LF 1,400 $2.00 $2,800.0 39 Packery Channel Bundling 1 LS 1 $200,000.00 $200,000.0 40 HMAC Pavement Re air for Street Improvements 69 SY 69 $100.00 $6,900.0 41 Driveway Repair for Force Main 66 SY 66 $140.00 $9,240.0 42 Force Main Markers 27 EA 27 $150.00 $4,050.0 43 Connection to Existing Manhole 1 LS 1 $2,700.00 $2,700.0 44 Anti - Flotation Devices I LS l $800.00 $800.0 41 Dewatering / Well Pointing for Force Main Installation I LS 1 $500.00 $500.0 Easement Acquisition ITEM NO. DESCRIPTION QUANTITY UNIT QUANTITY COMPLETE CONTRACT UNIT PRICE TOTAL COST 42 Texas General Land Office - Lift Station 1 LS 1 $105,050.00 $1051050.0 43 Texas General Land Office - Force Main 1 LS 1 $125,050.00 $125,050.0 44 Private Landowner - Force Main 1 LS 1 $150,000.001 $150,000A Miscellaneous ITEM NO. DESCRIPTION QUANTrrY IAEP UNIT I QUANTrrY COMPLETE CONTRACT UNIT TOTAL COST PRICE 1 45 Electrical Requirements LS 1 $50,000.00 $50,000.0 Professional Services rrEM NO. DESCRIP'1'rON QUANTITY UNIT QUANTIFY COMPLETE CONTRACT UNIT PRICE TOTAL COST 46 Engineering (7.5 %ofConstructton Cost) 1 LS 100% $125,000.78 $125,000.7 47 TopogrNhic Survey (2.0% of Consowc(tonCost) 1 LS 100% $33,333.54 $33,333.5 48 Construction Administration I LS 100% $16,666.77 $16,666.7 49 Testing (Geotechntcal) 1 LS 100% $16,666.77 $16,666.7 50 Storm Water Pollution Prevention Plan (SWPPP) 1 LS 100% $7,500.00 $7,500.0 51 Traffic Control Plan (TCP) I LS 100% $5,000.00 $52000.0 52 Co s of Engineers Permit 1 EA 1 $8,000.00 $8,000.0 53 Beachfront Construction Certificate I EA 1 $4,000.00 $4,000.0 54 TxDOT - Uility Permit 2 EA 2 $3,000.00 $6,000.0 55 Easement Acquisition Administration I LS 100% $11,403.00 $11,403.0 55 ROW Surve in , Parcel Descriptions, & Maps I LS 100% $10,500.00 $10,500.0 56 Project Contingency 5% 1 100% $117,042.391 117 042.3 Page 2 of 2 �r AGENDA MEMORANDUM First Reading at the City Council Meeting of April 23, 2013 Second Reading at the City Council Meeting of April 30, 2013 DATE: April 15, 2013 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager — Business Support Services WesP @cctexas.com (361) 826 -3082 Ordinance Appropriating Funds Related to the American Bank Center CAPTION: Ordinance appropriating $250,000 received from SMG (under contractual obligation to contribute capital for the American Bank Center) in the No. 4710 Visitors Facility Fund for improvements to the American Bank Center; Appropriating $277,247.91 from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center capital improvement expenditures; Appropriating $50,000 from reserved fund balance in the No. 4710 Visitors Facility Fund for capital and repair maintenance needs relating to the food and beverage concessions at the American Bank Center; Appropriating $119,364.25 from unreserved fund balance in the No. 1130 Arena Facility Fund for repair maintenance needs at the Arena; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues by $250,000 and by increasing expenditures by a total of $6967612.16. PURPOSE: The purpose of this agenda item is to appropriate funds relating to the American Bank Center for capital improvements, repairs and maintenance. BACKGROUND AND FINDINGS: On February 1, 2013, the City of Corpus Christi entered into a new agreement with SMG, which provided SMG to contribute $250,000 for improvements to the American Bank Center including cosmetic improvements to the exterior of the American Bank Center facility. The capital contribution of $250,000 was made to the City in accordance with the new agreement and now needs to be appropriated in order that it can be spent. This agenda item will appropriate these funds so that they can be expensed in this fiscal year. On May 15, 2009, Type A Board approved $500,000 for the use of capital improvements at the Arena facility. Each subsequent fiscal year's budget has included an appropriation of $150,000. As of July 31, 2012, $672,752.09 has been expended or committed for this purpose. The remaining $277,247.91 has been reserved in the fund balance of Fund 4710 "Visitors Facilities Fund ". This agenda item will appropriate these funds so that they can be expensed in the current fiscal year. Any funds remaining at July 31, 2013 will be reserved in the fund balance of Fund 4710 "Visitors Facilities Fund" and will either be included in the fiscal year 2013 -2014 operating budget for Fund 4710 "Visitors Facilities Fund" or will be appropriated during fiscal year 2013 -2014 as the need arises. On September 29, 2011, the Type A Board approved appropriating $50,000 from the unreserved fund balance in Fund 1130 "Arena Facility Fund" and transferring it to Fund 4710 "Visitors Facilities Fund" for expenditures relating to the needs of the food and beverage concessions at the American Bank Center. These funds were not expended by the end of the fiscal year but were reserved in the fund balance of Fund 4710 "Visitors Facilities Fund ". This agenda item will appropriate these funds so that they can be expensed in the current fiscal year. Any funds remaining at July 31, 2013 will be reserved in the fund balance of Fund 4710 "Visitors Facilities Fund" and will either be included in the fiscal year 2013 -2014 operating budget for Fund 4710 "Visitors Facilities Fund" or will be appropriated during fiscal year 2013 -2014 as the need arises. On September 29, 2011, the Type A Board also approved increasing the Arena Maintenance and Repairs org by $50,000 — from $150,000 approved in the fiscal year 2011 -2012 budget for Fund 1130 "Arena Facility Fund" to $200,000. At July 31, 2012, $80,635.75 had been expended, and the remaining $119,364.25 rolled into the fund balance of Fund 1130 "Arena Facility Fund ". This agenda item will appropriate these funds for use in the current fiscal year. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: • Financial Services Department • Legal Department FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ - Encumbered /Expended amount of (date) - - - - This item - $ 696,612.16 $ - $ 696,612.16 BALANCE - $ 696,612.16 $ - $ 696,612.16 FUND(S): Fund 1130 "Arena Facilty Fund" $119,364.25; Fund 4710 "Visitors Facility Fund" $577,247.91 COMMENTS: n/a RECOMMENDATION: Staff recommends that City Council approve this agenda item as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance — American Bank Center Appropriations Page 1 of 2 Ordinance Appropriating $250,000 received from SMG (under contractual obligation to contribute capital for the American Bank Center) in the No. 4710 Visitors Facility Fund for improvements to the American Bank Center; Appropriating $277,247.91 from reserved fund balance in the No. 4710 Visitors Facility Fund for American Bank Center capital improvement expenditures; Appropriating $50,000 from reserved fund balance in the No. 4710 Visitors Facility Fund for capital and repair maintenance needs relating to the food and beverage concessions at the American Bank Center; Appropriating $119,364.25 from unreserved fund balance in the No. 1130 Arena Facility Fund for repair maintenance needs at the Arena; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase revenues by $250,000 and by increasing expenditures by a total of $696,612.16. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $250,000 is received from SMG under contractual obligation to contribute capital for the American Bank Center and is appropriated in the No. 4710 Visitors Facility Fund for improvements to the American Bank Center. SECTION 2. That $277,247.91 is appropriated from the No. 4710 Visitors Facility Fund for American Bank Center capital improvement expenditures. SECTION 3. That $50,000 is appropriated in the No. 4710 Visitors Facility Fund for capital and repair maintenance needs relating to the food and beverage concessions at the American Bank Center. SECTION 4. That $119,364.25 is appropriated in the No. 1130 Arena Facility Fund for repair maintenance needs at the Arena. SECTION 5. That the FY 2012 -2013 operating budget adopted by Ordinance 029577 is amended to increase revenues by $250,000 and to increase expenditures by a total of $696,612.16. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Combined Ordinance- Appropriation of Funds for ABC Improvements Nelda Martinez Mayor 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 , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Combined Ordinance- Appropriation of Funds for ABC Improvements Page 1 of 1 Ordinance appropriating $165,491.99 from the State Cable Franchises issued by the Public Utility Commission of Texas in the No. 1031 Public, Education and Government Cable Fund for capital expenditures related to the Public, Education and Government Access Channels; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $165,491.99. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $165,491.99 from the State Cable franchises issued by the Public tility Commission of Texas is appropriated in the No. 1031 Public, Education and Government Cable Fund for capital expenditures for the Public, Education, and Government Access Channels. Section 2. That the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 is changed to increase appropriations by $165,491.99. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor DATE: April 2, 2013 TO: Ronald L. Olson, City Manager FROM: Kim Womack, Public Communications Director Kimw cctexas.com (361) 826 -3211 Appropriate $165,491.99 in cable franchise revenue for capital expenditures. CAPTION: Ordinance appropriating $165,491.99 from the State Cable Franchises issued by the Public Utility Commission of Texas in the No. 1031 Public, Education and Government Cable Fund for capital expenditures related to the Public, Education and Government Access Channels; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $165,491.99. PURPOSE: To appropriate $165,491.99 in cable franchise revenue for capital expenditures related to Public, Education and Government Access Channels. BACKGROUND AND FINDINGS: The City currently has three state issued cable providers including: Time Warner Cable, Grande Communications and AT &T. In June of 2012 when Time Warner Cable was granted a state issued franchise, all three cable providers began collecting the state and federal provisioned Public, Education and Government (PEG) 1 % fee dedicated to channel facilities and equipment. The ordinance appropriates funding received as of March 31, 2013. Payments will continue to be received on a quarterly basis and appropriation requests will continue until the end of the fiscal year. Once appropriations are completed for fiscal year 2013, appropriations will then transition to coincide with the adoption of the budget each year. ALTERNATIVES: Delay appropriation results in capital equipment purchases being delayed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Yes. Funds must be appropriated into designated fund. EMERGENCY /NON- EMERGENCY: Non - Emergency with two readings required. DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital Not applicable Fiscal Year: 2012- 2013 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 01 165,491.99 1 0 1 165,491.99 BALANCE 01 1657491.99 1 0 1165749 1.99 Fund(s): 1031 Public, Education and Government Cable Comments: Ordinance appropriates money received not included in the FY 2012 -2013 Budget. RECOMMENDATION: Staff recommends appropriating funds in order to have funds available for capital purchases related to Public, Education and Government Access Channels. LIST OF SUPPORTING DOCUMENTS: Ordinance FAR • Y�t AGENDA MEMORANDUM Public Hearing /1St Reading Ordinance for the City Council Meeting of April 23, 2013 2nd Reading Ordinance for City Council Meeting April 30, 2013 DATE: 3/26/2013 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services EieO _cctexas.com 361- 826 -3234 FROM: Rudy Bentancourt, CD Administrator RudyB @cctexas.com 361- 826 -3021 Public Hearing /1St Reading Ordinance regarding the City of Corpus Christi's proposed FY2013 -2014 Consolidated Annual Action Plan. CAPTION: Ordinance to adopt the fiscal year (FY) 2013 -2014 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2013- FY2014 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2013 -2014 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2013 -2014 CAAP with organizations for approved projects; and to ratify the ESG funding agreements and other applicable implementation documents to be effective as of August 1, 2013. PURPOSE: Purpose of Public Hearing is to abide by HUD requirements and to provide a "Citizen Comment Period" for citizens to provide comments on proposed project funding for CAAP FY2013 -2014. Ordinance will include the adoption of the proposed CAAP. BACKGROUND AND FINDINGS: The U.S. Department of Housing and Urban Development (HUD) regulation requires, as part of the approved process for the FY2013- FY2017 Consolidated Plan /Citizens Participation Plan, three (3) public hearings prior to the adoption of the FY2013 -2014 CAAP. An initial public hearing was held at Corpus Christi City Hall on December 11, 2012. An additional public hearing to receive additional input was held on December 19, 2012. The public hearing to be conducted on Tuesday, April 23, 2013 by the City of Corpus Christi's City Council will satisfy the requirement of the second required hearing though three public hearings were held. The City of Corpus Christi has received a preliminary allocation from HUD which, at this time, is not final due to the federal sequester. $2,462,699 — Community Development Block Grant (CDBG) — proposed 5% reduction from FY2012 -2013 $ 251,306 — Emergency Solutions Grant (ESG) — proposed 5% reduction from FY2012 -2013 $ 979,141 — HOME Investment Partnership Program (HOME) — 5% proposed reduction from FY2012 -2013 An additional $700,000 generated from the Revolving Rehabilitation Loan Program (Program Income) and $150,000 generated from Program Income from Demolition Liens and Property Clearance will be made available to the CDBG Program for continued funding of those programs. Additionally funding in the amount of $846,149 recaptured from previously funded projects that were unspent have been made available to be reprogrammed to augment funding levels for the upcoming FY 2013 -2014 CDBG program allocations for a total funding level of $4,158,848. Since 1975, the City of Corpus Christi has received funding for its CDBG Programs in excess of 168.1 million, of which approximately $18 million has been income generated by various programs administered by the Neighborhood Services Department. The ESG Program will have a proposed allocation amount of $251,306 for FY2013 -2014. The intent of the ESG Program funding is to provide funding to providers of Homeless services to defray the cost of operations and maintenance of local Emergency Shelters in addition to provide funding for rehabilitation, counseling, training and other essential Homeless prevention activities. The HOME Program will have a proposed allocated amount of $979,141 as a funding level from entitlement funds to be received, with an additional $800,000 being made available for reprogramming from previously funded recaptured program funds, as well as $120,000 from Program Income from the Rehabilitation Program for an estimated available funding amount of $1,899,141 for the FY2013 -2014 Budget Year. Two Public Hearings were conducted on December 11 and December 19, 2012 at Corpus Christi City Hall. Additionally, the Community Development Division of Neighborhood Services Department conducted three (3) Technical Assistance Workshops for potential applicants. The City of Corpus Christi meeting scheduled for April 23, 2013, as part of their regular agenda, will conduct a Public Hearing on the proposed FY2013 -2014 CAAP. At the conclusion of the Public Hearing, the City Council will have the opportunity to discuss and present recommendations on the list of proposed projects /activities of the FY2013 -2014 CAAP. Adoption of the FY2013 -2014 CAAP will be presented at the next City Council meeting Scheduled for April 30, 2013. The FY2013 -2014 CAAP will be published on May 5, 2013. This will initiate a thirty (30) day comment period for citizens of Corpus Christi to review and provide comments prior to the submission of the FY2013 -2014 CAAP to HUD on June 13, 2013. The FY2013 -2014 Consolidated Annual Action Plan will be submitted to HUD on June 13, 2013 following the required 30 day citizen comment period. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Public Hearing is required per HUD Regulations. EMERGENCY / NON - EMERGENCY: This item is non - emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2013 -2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: At the conclusion of public hearing, the City Council, may at their discretion, discuss any and all recommendations and provide direction on the projects /activities to be funded under the FY2013 -2014 CAAP LIST OF SUPPORTING DOCUMENTS: Ordinance PowerPoint Ordinance to adopt the fiscal year (FY) 2013 -2014 Consolidated Annual Action Plan (CARP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2013- FY2014 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2013 -2014 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2013 -2014 CAAP with organizations for approved projects; and to ratify the ESG funding agreements and other applicable implementation documents to be effective as of August 1, 2013. Whereas, with proper notice to the public and in accordance with HUD regulations, three public hearings were held, the first and second on December 11th and 19th 2012, and the third during a meeting of the City Council, in the Council Chambers on Tuesday, April 23rd. All hearings were held at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, the City Council has determined that this Ordinance would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY2013- FY2014 CARP, which includes the CDBG, the ESG, and the HOME Programs, is adopted. Section 2. That the City Manager or the City Manager's designee is authorized: • to submit the FY2013- FY2014 CAAP to HUD, and • to amend the FY2013- FY2014 CAAP if required by HUD. Section 3. That the City Manager or the City Manager's designee is authorized: • to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2013 -2014 CAAP, and • to execute funding agreements and all other documents necessary to implement the FY2013 -2014 CAAP with organizations for approved projects. Section 4. Additionally, that the City Council ratifies the ESG funding agreements and other applicable implementation documents to be effective as of August 1, 2013. J: \LegislativeBills \LISA \2013 Ordinance \2013 -2014 CAAP Ord Clean format.docx That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Priscilla Leal David Loeb Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED this day of , 2013 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor J: \LegislativeBills \LISA \2013 Ordinance \2013 -2014 CAAP Ord Clean format.docx ATTACHMENT "D" CITY OF CORPUS CHRISTI FY2013 ANNUAL ACTION PLAN RECOMMENDED FY2013 CDBG PROGRAM FY2013 CDBG Allocation $2,462,699 Reprogrammed Funds $846,149 Program Income from Demolition Liens and Propery Clearence $150,000 Program Income from Rehabilitation Program (Revolving Loan Fund estimate) $700,000 TOTAL FUNDS AVAILABLE FOR FY2013 CDBG PROGRAM $4,158,848 1, � � I 11, �, WN1 I 1 61 E=,, Code Enforcement Program The Code Enforcement request is to fund staffing for salaries to support 7.25 full time employees (FTE's): 5 -Code Enforcement Property Advisors (100 %); 1- Code Enforcement Property Advisor (50 %); 1- Zoning Project Coordinator (50 %); 1- Senior Account Clerk/Administrative Support (100 %); Zoning & Code Enforcement Administrator (25 %) in the of amount of $323,296.34 which includes a total of $7,250.00 (7.25 Staff members @ $1,000.00 = 7,250.00) for training through classes, seminars and /or conferences for education opportunities and for certifications required for code enforcement. The CE Property Advisors and Zoning Project Coordinator are responsible for the inspection of properties r within CDBG eligible areas for violations of approximately seventy five 1 (75) health, safety, and welfare related City Codes. These efforts 1 $323,296 $323,296 d support the City Council's objective of enhancing the City Council's objective of enhancing the City of Corpus Christi "Pride" initiative through revitalization and sustainability in all CDBG eligible neighborhoods. The Zoning and Code Enforcement Administrator oversees all functions of the Code Enforcement Division including investigating and enforcing substandard structures, junked vehicles, care of premises, zoning, illegal dumping, illegal signage, open storage, accumulation of litter and solid waste, tall weeds which includes the stated approximate 75 City t Ordinances. The Senior Account Clerk provides administrative support to the Code Enforcement Property Advisors and Zoning Project ¢ Coordinator by processing compliance request through the mail and researching property owner's name and address. CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Programs. Staff interprets CDBG, HOME, and 2 ESG federal regulations, conducts public hearings /meetings, reviews 3 $437,000 $437,000 proposed projects and activities to determine funding and eligibility, monitors Subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects /activities and enforces Davis Bacon Federal wage rate requirements. Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high 3 weeds and dangerous weeds; to include, abatement of unsightly and 5 $200,000 $200,000 unsanitary matter in all CDBG eligible areas. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. aliffimism, Demolition Program ME I=` This program consists of the demolition of substandard structures % determined to be health and safety issues and 51% or more deterioration of the general structure. The demolition of these structures is an abatement measure as deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for 4 neighborhood revitalization within the community and as a goal 7 $200,000 $200,000 established by City Council for livable neighborhoods. Each structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The substandard structures will be demolished under the authority of a judge's ruling via Environmental Municipal Court and the Demolition Grant Program that allows the property owner to voluntarily agree to have their structure demolished. Single Family Rehabilitation I The Single Family Rehabilitation Loan Program benefits only low and very low income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating 5 their homes. Funds requested will be used to provide rehabilitation and 9 $700,000 $700,000 reconstruction loans; demolition grants; relocation grants and lead base paint grants for remedial activities. Rehabilitation Loan Program. j Request of $700,000 (Loans - $487,600, Demolition - $68,575, Lead - base Paint - $22,500, Relocation - $121,325) Rehabilition Services This is the operating budget for staff that service the various housing programs administered by NSD. Included in these funds are the salaries for the staff that manage and administer the Single Family Rehabilitation 6 Loan Program; Emergency Home Repair Grant Program; $5,000 11 $600,000 $600,000 Homebuyer Assistance Program; and the Type A Homebuyer Program. Services provided include applicant in -take, loan processing, loan settlement, Homebuyer Education Classes, construction monitoring, project estimating, and development of specifications and drawings. Mortgage Servicing Staff salaries and operational funding of our Mortgage Servicing section. Current salaries includes one Senior Account Clerk and one Senior Staff Assistant that manage the servicing of 800 loans provided through the 7 Single Family Rehabilitation Loan Program. Services includes collection 13 $85,877 $85,877 loan payments; escrowing of insurance and property taxes; paying of insurance and property taxes; providing Tax Form 1098; preparing end of year escrow analysis ; daily posting of payments; and providing release of liens on loans that are paid off. Emergency Home Repair Grant Program Emergency repair grants up to $6,500 for repairs and up to $4,500 for lead based paint remedial activities required by HUD regulations on 8 houses built prior to 1978 . Repairs consist of roof repairs, plumbing 15 $50,000 $50,000 electrical, heating, and minor structural repairs. Lead based activities ' may include actual work or testing required to meet the lead based paint requirements. Assistance through this program is provided to very low income homeowners who are 65 years old or older or disabled. aliffimism, ADA Improvements ME Design of approximately 10,000 linear feet of 5 foot wide sidewalk and 63 curb rambs along Brownlee Blvd. from S. Staples St. to Leopard St. which will be constructed in two phases. The design will separate the phases so the ' 9 construction from Ph I and Ph II can be bid seperately which will allow for a 17 $495,100 $495,100 future grant funding request. Ph I will construct 5,042 If. of 5 ft. wide sidewalk and 15 curb ramps from Morgan to Staples St. as this area has high pedestrian usage. This project is included in the ADA Master Plan adopted by City Council on December 11, 2012. Ethel Eyerly Senior Center AC Renovation Funding requested for the replacement of two central AC units that are currently not operational. The ability to cool the building is difficult and 10 the seniors are in need to of the AC for the summer months. The 21 $201,500 $201,500 1 replacement of the units will include new duct work to all the rooms, new control systems to operate the system and new venting and return equipment. New units will be efficient and would reduce the operating Posts of the center. ¢ La Retama Central Library Accessibility Funding requested is to construct an ADA compliant ramp in front of the Library and reconstruct the damaged entrance walkways, which are the primary way for customers to enter the building; they measure 220 linear feet. The west side, 11 north side and east side of the building have damage with the east side only 23 $170,000 $170,000 having wheelchair accessibility. Funding also requested is to replace the public access elevator. The current elevator is 2" short of being ADA compliant. Access to second floor services would be impossible for individuals with disabilities or the elderly if the public elevator becomes inoperable due to repair parts being unavailable. Accessible Routes in CDBG Residential Areas Phase 3 This project involves providing accessible routes in CDBG residential areas which do not have sidewalks but have heavy pedestrian traffic. This project will 12 build approximately 2,300 linear feet of 5 foot wide sidewalk and 15 ADA 25 $200,000 compliant curb ramps. This will allow pedestrians with and without disabilities to travel this area in safety without architectural barriers. The proposed area is between Horne Rd, Greenwood Drive, Baldwin Ave, and Ayers St. Pedestrian travel is high in this area. Lindale Senior Center Roofing Project Renovation of the roofing system on the Senior Center to extend the buildings useful life and protect the assets inside the building. There are 13 leaks in the Arts and Crafts room and in the AC room. Continued leaks 29 $208,000 will cause structural damage and additional costly repairs in the future if allowed to continue. The roof is a combination of "flat" roof with tar and gravel and sloped roofing with asphalt shingles at approximately 17,400 ' sq. ft. Fair Housing Education / Outreach / Remediation Outreach improvements to extend equal opportunity, accessibility, and fair housing through training, education, compliance, and technical assistace to citizens and providers. Through educational outreach, this program intends to meet a community by principally benefiting low income persons. In doing so, this population is preserving or exercising 14 civil protections in the process to obtain housing or to remediate and 31 $113,540 reside in an equal and fair housing environment free of slums, blight, and discrimination. The estimate number of low /moderate persons to be served is uncapped throughout the year at approximately 96 citywide public venues annually to addresss areas of concern such as: Landlord /Tenant Issues, Housing Discrimination, Dispute Resolution, Education /Outreach, and Intake Services. allowism, Ethel Eyerly Senior Center Fire Alarm System ME I=` Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is not operational. In order to comply with Fire Marshall's requirement to use the public building, a 15 person needs to be on duty for the sole purpose of fire watch anytime the 33 $22,600 public is in the building. This means 5 days a week and anytime there is a rental of the facility, a person needs to be on fire duty to walk around the building checking for smoke and fire and evacuation of the building if a fire is detected. The alarm system would be operable 24 hours /day, 7 days /week. Northwest Senior Center Roofing Project Northwest Senor Center roof renovation is to preserve the building, extend its useful life and stop damage to the structure of the building due 16 to water leaks in the valleys and slopes of the roof. The building is used 35 $222,500 as an activity center for seniors and as a meal provider for an average of 75 persons daily. The building is also used as a social center and events location for people in the community. Garden Senior Center Parking Lot Project j Parking lot is over 25 years old and the surface is breaking down. In 17 certain areas, the sub -base has become soft and ruts and holes are 37 $546,000 forming in the driveways. Parking area needs to be smooth and well lighted to provide a minimal hazard to walking and to avoid tripping in route to the building. 77 parking spaces service the building. Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed 18 humps under certain conditions. The purpose of this request to allocate CDBG 39 $25,000 funds to bear the installation costs in qualified CDBG eligible tracts. Thus far, since the inception of the RTMP, residential neighborhoods in CDBG areas have not elected or been able to participate in the RTMP due to difficulty in the residents' share of the cost. This request will allow the entire speed hump in CDBG areas to be funded by the grant and therefore there will be no cost to residents at all. Lindale Senior Center Fire Alarm System i Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is not operational. In order to comply with Fire Marshall's requirement to use the public building, a 19 person needs to be on duty for the sole purpose of fire watch anytime the 41 $24,900 public is in the building. This means 5 days a week and anytime there is a rental of the facility, a person needs to be on fire duty to walk around the building checking for smoke and fire and evacuation of the building if a fire is detected. The alarm system would be operable 24 hours /day, 7 days /week. Greenwood Senior Center Fire Alarm System Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is operational, but there is almost monthly service calls needed to the Fire Alarm Service Company to keep the system operational. The main control panel is no longer 20 available, though repairs have been made, future repairs are not 43 $24,900 possible. Several "False Alarms" are triggered each year. Currently they , are one a month which means the Alarm Company calls staff to check on the building before Fire Dept. is called, which could cause a delay in an actual event. The new alarm system would be operable 24 hours /day, 7 days /week. aliffimism, Greenwood Senior Center Roofing Project ME Renovation of the roofing system on the Senior center to extend the buildings useful life and protect the assets inside the building. There are 21 leaks in the Arts and Crafts room and in the AC room. Continued leaks 45 $205,000 will cause structural damage and additional repairs in the future if allowed to continue. The roof is a combination of "flat" roof with tar and gravel and sloped roofing with asphalt shingles at approx. 17,200 sq. ft. 3 Greenwood Senior Center Parking Lot Project Greenwood Senior Center parking lot is used by seniors to access the building for daily social activity and meals. The parking lot is also used $ by persons using the center for social events. The parking area needs to be smooth and well lighted to provide minimal hazard to walking and to 22 avoid tripping when in route to the building. The rear parking lot is the 47 $566,000 access route for delieveries to the building such as hot meals, dairy products, and building supplies. It also houses the waste disposal box which is serviced twice a week. The area around and in front of the box is in poor condition. 78 spaces service the building and the back parking r lot is shared with the City /County Health Center so only half of the rear parking would be done. Ethel Eyerly Senior Center Pavilion Ethel Eyerly Senior Center Pavilion is in need of replacement. There is deterioration to the wooden support structures and to the roof decking. 23 The pavilion is used for outdoor activities and is also used for rentals and 49 $166,000 events wanting both an outdoor and indoor venue. The structure is 30x60 feet and includes lighting for night time use. There is a stone BBQ grill at the east end which will be renovated as part of the project to return the pavilion area to it's maximum usefullness. Ethel Eyerly Senior Center Renovation Project Phase 2 ' Funding requested would include expanding the hall or event room to the west of the entranceway, expand the office area, renovate the Heating 24 and AC system in the building, and other items as lined out in the plans. 51 $664,500 Phase I was funded out of CDBG FY2012. If Phase II is funded, the request for HVAC renovation in FY2013 will not be needed as this request covers both. Northwest Senior Center Fire Alarm System Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is not operational. In order to comply with Fire Marshall's requirement to use the public building, a 25 person needs to be on duty for the sole purpose of fire watch anytime the 53 $24,300 public is in the building. This means 5 days a week and anytime there is a rental of the facility, a person needs to be on fire duty to walk around the building checking for smoke and fire and evacuation of the building if a fire is detected. The alarm system would be operable 24 hours /day, 7 days /week. Mary McLeod Bethune Day Nursery, Inc. Funding request is for a new 4,000 sq. ft. Building "C ". The John Chapman Building will be constructed on the footprint of the old Building "C ". The new Building "C" will have 2 classrooms, 2 restrooms, an activity room, an office, ajanitor's room, a foyer, and a covered porch. 55 $393,000 $393,000 The John Chapman Building will allow Bethune to continue to provide the highest quality of day care services, expand programming, and most importantly provide a safe environment for the low income and homeless students and their families. Capital Contribution: $105,000 Corpus Christi Housing Authority The Navarro Place construction of concrete drive and parking lot asphalt overlay project will consist of construction of concrete drive, 5"x18" wide by 2054 with radii, and to overlay existing parking with 1 1/2" compacted 77 $195,430 $195,430 asphalt pavement and apply traffic control striping, speed hump, and accessible symbols. Capital Contribution: $15,000 Corpus Christi Housing Authority The La Armada I New Playground project request is for an accessible 3 playground to be placed in an open space area behind the central office. 97 $55,000 $55,000 The project will also provide for accessible walkways and ramps for participants with accessible needs. This space is 50'x56'. The playground will serve low to moderate income families. Gulf Coast Council of La Raza, Inc. The project entails the construction of a parking lot with dimensions of 200x150 or 30,000 sq. ft. The construction will be the paving of a parking lot. The school serves approximately 335 low income students 117 $330,000 per year from pre - school to 12th grade. The parking will allow for students to be dropped off and parents to park for meetings. Capital Contribution: $5,000 Nueces County Community Action Agency To provide weatherization and minor home repairs to housing for elderly - disabled and single parents and families with children 5 years and younger. Improvements will include, but not limited to, ADA 135 $100,000 ramps /bathroom modifications, replacing windows, replacing water heaters, etc., and other minor home repairs. Leverage Contribution: $461,044 Cliff Maus Village Trust Cliff Maus Village Trust operates a 110 unit apartment complex for low and very low income residents. The project will replace aging and cumbling cast iron plumbing with modern plumbing materials, protecting 151 $414,375 the health and safety of the residents while at the same time preserving the integrity of the facility. Capital Contribution: $5,000 Wesley Community Center Funds requested to cover the areas of exposed concrete around the fapade of the building to prevent further problems of falling concrete. The fapade improvement is necessary because concrete is falling on the children's areas and in areas where clients enter or leave the building. 167 $200,000 The concrete blocks in the rear of the child care classrooms are uneven and present a danger to the children. Plan is to remove the concrete and crate green spaces for the children to enjoy learning activities that helps in the development of their cognitive skills. Coastal Bend Center for Independent Living The project shall provide barrier removal to include building ramps and 179 $100,000 home modifications for eligible individuals with disabilities within the City of Corpus Christi. Corpus Christi Metro Ministries The new Corpus Christi Metro Ministries Transformational Center will house administration offices, staff offices, community meeting rooms, restrooms, storage area, and a small kitchen. The project includes the 191 $150,000 acquisition of property, securing property (fencing), environmental studies, architechtural evaluation, possible partial demolition, and possible rehabilitation. Capital Contribution: $5,000 Total Non - Profit 1 $1,937,8051 $643,430 1 $0 Total City Projects $6,476,013 $3,462,773 $0 Overall Total $8,413,818 $4,106,203 $0 ATTACHMENT "D" RECOMMENDED FY2013 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM IFY2013 ESG Allocation City of Corpus Christi - ESG Administrative Cost Administrative Cost is being requested for the overall administration of the 1 Emergency Solutions Grant Program. These functions include the financial 207 $18,847 $18,847 oversight, compliance, and technical assistance components of the $251, II (Wesley Community Center I I I I II 2 Funding requested for the ESG Activity Component of Emergency Shelter- 209 $25,000 $20,000 Essential Services and Shelter Operations Corpus Christi Metro Ministries Funding requested for the ESG Activity Components of Emergency Shelter - 3 Essential Services and Shelter Operations; Homeless Prevention -Case 219 $150,000 $60,000 Management and short- and medium term rental assistance; and Rapid Re- housing -Case Management and short- and medium term assistance Recovery Contacts, Inc. 4 Funding requested for the ESG Activity Component of Emergency Shelter- 231 $53,979 $20,000 Essential Services and Shelter Operations Charlie's Place Recovery Center 5 Funding requested for the ESG Activity Component of Emergency Shelter- 237 $36,000 $20,000 Essential Services and Shelter Operations The Salvation Army Funding requested for the ESG Activity Components of Emergency Shelter - 6 Essential Services and Shelter Operations; Homeless Prevention -Case 251 $70,000 $56,000 Management and short- and medium term rental assistance; and Rapid Re- housing -Case Management and short- and medium term assistance Catholic Charities of Corpus Christi 7 Funding requested for the ESG Activity Component of Homeless 260 $25,000 $20,000 Prevention -Case Management and short- and medium -term rental assistance Corpus Christi Hope House Funding requested for the ESG Activity Components of Emergency Shelter - 8 Essential Services and Shelter Operations; Homeless Prevention -Case 270 $21,000 $18,230 Management and short and medium term rental assistance; and Rapid Re- housing Case Management and short and medium term assistance II (Mary McLeod Bethune Day Nursery, Inc. I I I I II 9 Funding requested for the ESG Activity Component of Emergency Shelter- 282 $25,000 $18,229 Essential Services and Shelter Operations II (Total I I $424,826 I $251,306 I $0 II * All ESG funding must be matched at 100% 0 RECOMMENDED FY2013 HOME PROGRAM Y2013 HOME Allocation eprogrammed Funds rogram Income (estimate) DTAL FUNDS AVAILABLE FOR FY2013 HOME PROGRAM ATTACHMENT "D" $979,141 $120,OOC $1,899,141 HOME Administration /Technical Assistance °'',° s Administrative funds for staffing, planning, oversight, coordination, staff 1 supervision, monitoring and evaluation, contracting, record keeping /reporting 292 $97,914 $97,914 and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, non - profits, owners /investors of rental property and other organizations that may participate in the program. Major Rehabilitation Program 2 Provide loans to low income homeowners to assist them with major 294 $250,000 $250,000 rehabilitation or demolition /reconstruction of their homes. , Homebuyer Assistance Program ($5,000) 3 Provide deferred forgivable loans to low income homebuyers to assist them 296 $50,000 $50,000 with down payment and closing costs for the purchase of a home. INTERDEPARTMENTAL TOTAL $397,914 $397,914 TG 110, Inc. - Woodland Creek Apartments (CHDO) f TG 110, Inc., is proposing the demolition and reconstruction of the Woodland Creek Apartments. This complex is comprised of 94 units (100% Section 8) serving low- income families, seniors, and individuals. The development will be financed primarily through The Texas Department of $470,000 Housing and Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds though the City of Corpus Christi. Woodland Creek will serve residents at 30 %, 50 %, and 60% of area median income. Total project cost: $15,932,416 TG 110, Inc. - Lexington Manor Apartments (CHDO) TG 110, Inc. is proposing the demolition and reconstruction of the Lexington Manor Apartments. This complex is comprised of 153 units (52 as Section 8) serving low- income families, seniors, and individuals. The development 2 will be financed primarily through The Texas Department of Housing and $765,000 Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. Lexington Manor will serve residents at 30 %, 50 %, and 60% area median income. Total project cost: $21,493,268 Wesley Community Center - Wesley House 3 Wesley Community plans to renovate the former convent for residential 298 $200,000 $200,000 Housing. This grant will accommodate changes for ADA accessibility. ' CHDO Total $ 1,235,000 Subrecipients /Other Entity Total $ 200,000 $ 200,000 CCCIC Total $ 1,832,914 $ 397,914 f Total Set -Aside to be determined no later than August 1, 2013 $ 1,301,227 *HOME Subrecipient Agencies who submitted a HOME FY2013 RFP along with a Housing Tax Credit Application for funding will be awarded funding no later than August 1, 2013 after determination of which agencies received Housing Tax Credits from the Texas Department of Housing and Urban Development* CITY OF CORPUS CHRISTI FY2013 ANNUAL ACTION PLAN RECOMMENDED FY2013 CDBG PROGRAM IFY2013 CDBG Allocation Reprogrammed Funds Program Income from Demolition Liens and Propery Clearence Program Income from Rehabilitation Program (Revolving Loan Fund estimate) TOTAL FUNDS AVAILABLE FOR FY2013 CDBG PROGRAM Code Enforcement Program The Code Enforcement request is to fund staffing for salaries to support 7.25 full time employees (FTE's): 5 -Code Enforcement Property Advisors (100 %); 1- Code Enforcement Property Advisor (50 %); 1- Zoning Project Coordinator (50 %); 1- Senior Account Clerk/Administrative Support (100 %); Zoning & Code Enforcement Administrator (25 %) in the of amount of $323,296.34 which includes a total of $7,250.00 (7.25 Staff members @ $1,000.00 = 7,250.00) for training through classes, seminars and /or conferences for education opportunities and for certifications required for code enforcement. The CE Property Advisors and Zoning Project Coordinator are responsible for the inspection of properties within CDBG eligible areas for violations of approximately seventy five (75) health, safety, and welfare related City Codes. These efforts support the City Council's objective of enhancing the City Council's objective of enhancing the City of Corpus Christi "Pride" initiative through revitalization and sustainability in all CDBG eligible neighborhoods. The Zoning and Code Enforcement Administrator oversees all functions of the Code Enforcement Division including investigating and enforcing substandard structures, junked vehicles, care of premises, zoning, illegal dumping, illegal signage, open storage, accumulation of litter and solid waste, tall weeds which includes the stated approximate 75 City Ordinances. The Senior Account Clerk provides administrative support to the Code Enforcement Property Advisors and Zoning Project Coordinator by processing compliance request through the mail and researching property owner's name and address. AMENDED ATTACHMENT "D" $323,296 1 $323,296 $2,462,6 $846,1 $150,C $700,C $4.158.8 CDBG Program Administration' This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Programs. Staff interprets CDBG, HOME, and 2 ESG federal regulations, conducts public hearings /meetings, reviews 3 $437,000 $437,000 proposed projects and activities to determine funding and eligibility, monitors Subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects /activities and enforces Davis Bacon Federal wage rate requirements. Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high weeds and dangerous weeds; to include, abatement of unsightly and unsanitary matter in all CDBG eligible areas. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. Demolition Program This program consists of the demolition of substandard structures determined to be health and safety issues and 51% or more deterioration of the general structure. The demolition of these structures is an abatement measure as deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization within the community and as a goal established by City Council for livable neighborhoods. Each structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The substandard structures will be demolished under the authority of a judge's ruling via Environmental Municipal Court and the Demolition Grant Program that allows the property owner to voluntarily agree to have their structure demolished. Single Family Rehabilitation The Single Family Rehabilitation Loan Program benefits only low and very low income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide rehabilitation and reconstruction loans; demolition grants; relocation grants and lead base paint grants for remedial activities. Rehabilitation Loan Program. Request of $700,000 (Loans - $487,600, Demolition - $68,575, Lead - base Paint - $22,500, Relocation - $121,325) $200,000 1 $200,000 $200,000 1 $200,000 $700,000 1 $700,000 Rehabilition Services This is the operating budget for staff that service the various housing programs administered by NSD. Included in these funds are the salaries for the staff that manage and administer the Single Family Rehabilitation Loan Program; Emergency Home Repair Grant Program; $5,000 11 $600,000 $600,000 Homebuyer Assistance Program; and the Type A Homebuyer Program. Services provided include applicant in -take, loan processing, loan settlement, Homebuyer Education Classes, construction monitoring, project estimating, and development of specifications and drawings. Mortgage Servicing Staff salaries and operational funding of our Mortgage Servicing section. Current salaries includes one Senior Account Clerk and one Senior Staff Assistant that manage the servicing of 800 loans provided through the 7 Single Family Rehabilitation Loan Program. Services includes collection 13 $85,877 $85,877 loan payments; escrowing of insurance and property taxes; paying of insurance and property taxes; providing Tax Form 1098; preparing end of year escrow analysis ; daily posting of payments; and providing release of liens on loans that are paid off. Emergency Home Repair Grant Program Emergency repair grants up to $6,500 for repairs and up to $4,500 for lead based paint remedial activities required by HUD regulations on houses built prior to 1978 . Repairs consist of roof repairs, plumbing electrical, heating, and minor structural repairs. Lead based activities may include actual work or testing required to meet the lead based paint requirements. Assistance through this program is provided to very low income homeowners who are 65 years old or older or disabled. 15 $50,000 1 $50,000 ADA Improvements ° 1 '' Design of approximately 10,000 linear feet of 5 foot wide sidewalk and 63 curb rambs along Brownlee Blvd. from S. Staples St. to Leopard St. which will be constructed in two phases. The design will separate the phases so the 9 construction from Ph I and Ph II can be bid seperately which will allow for a 17 $495,100 $398,400 future grant funding request. Ph I will construct 5,042 If. of 5 ft, wide sidewalk and 15 curb ramps from Morgan to Staples St. as this area has high pedestrian usage. This project is included in the ADA Master Plan adopted by City Council on December 11, 2012. , � Ethel Eyerly Senior Center AC Renovation" Funding requested for the replacement of two central AC units that are currently not operational. The ability to cool the building is difficult and 10 the seniors are in need to of the AC for the summer months. The 21 $201,500 $201,500 replacement of the units will include new duct work to all the rooms, new control systems to operate the system and new venting and return equipment. New units will be efficient and would reduce the operating costs of the center. La Retama Central Library Accessibility Funding requested is to construct an ADA compliant ramp in front of the Library and reconstruct the damaged entrance walkways, which are the primary way for customers to enter the building; they measure 220 linear feet. The west side, 11 north side and east side of the building have damage with the east side only having wheelchair accessibility. Funding also requested is to replace the public access elevator. The current elevator is 2" short of being ADA compliant. Access to second floor services would be impossible for individuals with disabilities or the elderly if the public elevator becomes inoperable due to repair parts being unavailable. 23 Accessible Routes in CDBG Residential Areas Phase 3 This project involves providing accessible routes in CDBG residential areas which do not have sidewalks but have heavy pedestrian traffic. This project will 12 build approximately 2,300 linear feet of 5 foot wide sidewalk and 15 ADA 25 compliant curb ramps. This will allow pedestrians with and without disabilities to travel this area in safety without architectural barriers. The proposed area is between Horne Rd, Greenwood Drive, Baldwin Ave, and Ayers St. Pedestrian travel is high in this area. Lindale Senior Center Roofing Project Renovation of the roofing system on the Senior Center to extend the buildings useful life and protect the assets inside the building. There are 13 leaks in the Arts and Crafts room and in the AC room. Continued leaks 29 will cause structural damage and additional costly repairs in the future if allowed to continue. The roof is a combination of "flat" roof with tar and gravel and sloped roofing with asphalt shingles at approximately 17,400 sq. ft. $170,000 1 $170,000 $200,000 $208,000 Fair Housing Education / Outreach / Remediation Outreach improvements to extend equal opportunity, accessibility, and fair housing through training, education, compliance, and technical assistace to citizens and providers. Through educational outreach, this program intends to meet a community by principally benefiting low income persons. In doing so, this population is preserving or exercising 14 civil protections in the process to obtain housing or to remediate and reside in an equal and fair housing environment free of slums, blight, and discrimination. The estimate number of low /moderate persons to be served is uncapped throughout the year at approximately 96 citywide public venues annually to addresss areas of concern such as: Landlord /Tenant Issues, Housing Discrimination, Dispute Resolution, Education /Outreach, and Intake Services. Ethel Eyerly Senior Center Fire Alarm System Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is not operational. In order to comply with Fire Marshall's requirement to use the public building, a 15 person needs to be on duty for the sole purpose of fire watch anytime the public is in the building. This means 5 days a week and anytime there is a rental of the facility, a person needs to be on fire duty to walk around the building checking for smoke and fire and evacuation of the building if a fire is detected. The alarm system would be operable 24 hours /day, 7 days /week. Northwest Senior Center Roofing Project Northwest Senor Center roof renovation is to preserve the building, extend its useful life and stop damage to the structure of the building due 16 to water leaks in the valleys and slopes of the roof. The building is used as an activity center for seniors and as a meal provider for an average of 75 persons daily. The building is also used as a social center and events location for people in the community. 31 1 $113,540 33 1 $22,600 1 $22,600 35 1 $222,500 Garden Senior Center Parking Lot Project Parking lot is over 25 years old and the surface is breaking down. In 17 certain areas, the sub -base has become soft and ruts and holes are 37 $546,000 forming in the driveways. Parking area needs to be smooth and well lighted to provide a minimal hazard to walking and to avoid tripping in route to the building. 77 parking spaces service the building. Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed 18 humps under certain conditions. The purpose of this request to allocate CDBG 39 $25,000 funds to bear the installation costs in qualified CDBG eligible tracts. Thus far, since the inception of the RTMP, residential neighborhoods in CDBG areas have ' not elected or been able to participate in the RTMP due to difficulty in the residents' share of the cost. This request will allow the entire speed hump in CDBG areas to be funded by the grant and therefore there will be no cost to residents at all. Lindale Senior Center Fire Alarm System Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is not operational. In order to comply with Fire Marshall's requirement to use the public building, a 19 person needs to be on duty for the sole purpose of fire watch anytime the public is in the building. This means 5 days a week and anytime there is a rental of the facility, a person needs to be on fire duty to walk around the building checking for smoke and fire and evacuation of the building if a fire is detected. The alarm system would be operable 24 hours /day, 7 days /week. 41 1 $24,900 1 $24,900 Greenwood Senior Center Fire Alarm System f ° Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is operational, but there is almost monthly service calls needed to the Fire Alarm Service Company to keep the system operational. The main control panel is no longer 20 available, though repairs have been made, future repairs are not 43 $24,900 $24,900 possible. Several "False Alarms" are triggered each year. Currently they ' are one a month which means the Alarm Company calls staff to check on the building before Fire Dept. is called, which could cause a delay in an actual event. The new alarm system would be operable 24 hours /day, 7 days /week. Greenwood Senior Center Roofing Project Renovation of the roofing system on the Senior center to extend the buildings useful life and protect the assets inside the building. There are 21 leaks in the Arts and Crafts room and in the AC room. Continued leaks will cause structural damage and additional repairs in the future if allowed to continue. The roof is a combination of "flat" roof with tar and gravel and sloped roofing with asphalt shingles at approx. 17,200 sq. ft. Greenwood Senior Center Parking Lot Project Greenwood Senior Center parking lot is used by seniors to access the building for daily social activity and meals. The parking lot is also used by persons using the center for social events. The parking area needs to be smooth and well lighted to provide minimal hazard to walking and to 22 avoid tripping when in route to the building. The rear parking lot is the access route for delieveries to the building such as hot meals, dairy products, and building supplies. It also houses the waste disposal box which is serviced twice a week. The area around and in front of the box is in poor condition. 78 spaces service the building and the back parking lot is shared with the City /County Health Center so only half of the rear parking would be done. Ethel Eyerly Senior Center Pavilion Ethel Eyerly Senior Center Pavilion is in need of replacement. There is deterioration to the wooden support structures and to the roof decking. 23 The pavilion is used for outdoor activities and is also used for rentals and events wanting both an outdoor and indoor venue. The structure is 30x60 feet and includes lighting for night time use. There is a stone BBQ grill at the east end which will be renovated as part of the project to return the pavilion area to it's maximum usefullness. 45 1 $205,000 47 1 $566,000 49 1 $166,000 Ethel Eyerly Senior Center Renovation Project Phase 2 Funding requested would include expanding the hall or event room to the west of the entranceway, expand the office area, renovate the Heating 24 and AC system in the building, and other items as lined out in the plans. 51 $664,500 Phase I was funded out of CDBG FY2012. If Phase II is funded, the request for HVAC renovation in FY2013 will not be needed as this request covers both. Northwest Senior Center Fire Alarm System Funding requested includes a complete renovation and upgrade of the fire alarm system. Currently the system is not operational. In order to comply with Fire Marshall's requirement to use the public building, a 25 person needs to be on duty for the sole purpose of fire watch anytime the 53 $24,300 $24,300 public is in the building. This means 5 days a week and anytime there is a rental of the facility, a person needs to be on fire duty to walk around the building checking for smoke and fire and evacuation of the building if a fire is detected. The alarm system would be operable 24 hours /day, 7 days /week. Mary McLeod Bethune Day Nursery, Inc. Funding request is for a new 4,000 sq. ft. Building "C ". The John Chapman Building will be constructed on the footprint of the old Building "C ". The new Building "C" will have 2 classrooms, 2 restrooms, an activity room, an office, ajanitor's room, a foyer, and a covered porch. 55 $393,000 $393,000 The John Chapman Building will allow Bethune to continue to provide the highest quality of day care services, expand programming, and most importantly provide a safe environment for the low income and homeless students and their families. Capital Contribution: $105,000 Corpus Christi Housing Authority The Navarro Place construction of concrete drive and parking lot asphalt overlay project will consist of construction of concrete drive, 5"x18" wide by 2054 with radii, and to overlay existing parking with 1 1/2" compacted 77 $195,430 $195,430 asphalt pavement and apply traffic control striping, speed hump, and accessible symbols. Capital Contribution: $15,000 Corpus Christi Housing Authority The La Armada I New Playground project request is for an accessible playground to be placed in an open space area behind the central office. 97 $55,000 $55,000 The project will also provide for accessible walkways and ramps for participants with accessible needs. This space is 50'x56'. The playground will serve low to moderate income families. Gulf Coast Council of La Raza, Inc. The project entails the construction of a parking lot with dimensions of 200x150 or 30,000 sq. ft. The construction will be the paving of a parking lot. The school serves approximately 335 low income students per year from pre - school to 12th grade. The parking will allow for students to be dropped off and parents to park for meetings. Capital Contribution: $5,000 Nueces County Community Action Agency To provide weatherization and minor home repairs to housing for elderly - disabled and single parents and families with children 5 years and younger. Improvements will include, but not limited to, ADA ramps /bathroom modifications, replacing windows, replacing water heaters, etc., and other minor home repairs. Leverage Contribution: $461,044 Cliff Maus Village Trust Cliff Maus Village Trust operates a 110 unit apartment complex for low and very low income residents. The project will replace aging and cumbling cast iron plumbing with modern plumbing materials, protecting the health and safety of the residents while at the same time preserving the integrity of the facility. Capital Contribution: $5,000 117 1 $330,000 135 1 $100,000 151 1 $414,375 Wesley Community Center Funds requested to cover the areas of exposed concrete around the fapade of the building to prevent further problems of falling concrete. The fapade improvement is necessary because concrete is falling on the 7 children's areas and in areas where clients enter or leave the building. 167 $200,000 The concrete blocks in the rear of the child care classrooms are uneven and present a danger to the children. Plan is to remove the concrete and crate green spaces for the children to enjoy learning activities that helps in the development of their cognitive skills. Coastal Bend Center for Independent Living $ The project shall provide barrier removal to include building ramps and 179 $100,000 home modifications for eligible individuals with disabilities within the City of Corpus Christi. Corpus Christi Metro Ministries The new Corpus Christi Metro Ministries Transformational Center will house administration offices, staff offices, community meeting rooms, 9 restrooms, storage area, and a small kitchen. The project includes the 191 $150,000 acquisition of property, securing property (fencing), environmental studies, architechtural evaluation, possible partial demolition, and possible rehabilitation. Capital Contribution: $5,000 E] Total Non - Profit $1,937,805 $643,430 $0 Total City Projects $6,476,013 $3,462,773 $0 Overall Total $8,413,818 $4,106,203 $0 E] AGENDA MEMORANDUM First Reading Ordinance the City Council Meeting of April 30, 2013 ublic Hearing/Second Readina Ordinance for the Citv Council Meeting of Mag 14, 20,13 FROM: Roland Moweelol/e- (361) 882-7448 rcmower@ccredc.com First Reading Ordinanca Designating voestalpine Reinvestment Zone Ify-J21 R13 L ,I pp;roving an ord nance designating the voestalpin!e Reinvestment Zone, within the City of Corp Christi, Texas and within the City's extra territorial jurisdiction, under the Texas Property Redevelopment and Tax Abatement Act (the "Act"),(Chapter 312 of the Texas Tax Code) PUT,POSE: To designate the voestalpine Reinvestmenf-Zone, within the City of Corpus Christi, Texas and within the extra territorial jurisdiction, under the Act, thus allowing projects in that area to be eligibl-. for certain economic incentives by other taxing entities BACKGROUND AND FINDINGS- voestalpine has announced that they will build an iron reduction plant on the site known as La Quinta. La Quinta is located on Port of Corpus Christi and has been discussed as a future site for development. No development has occurred to date. This ordinance will allow projects on that sita. to be eligible for certain economic development incentives from taxing entities. The voestalpine project will be on the La Quinta site but also extend from the water's edge into Nueces Bay. Since these docks will extend into the city limits of Corpus Christi and be in both San Patricio and in Nueces County, the only entity that can establish a reinvestment zone over the entire site is the City of Corpus Christi. A city can establish reinvestment zones within its city limits and inside of its extra territorial jurisdiction. A reinvestment zone will be in effect for five years unless it is renewed by the City. Any agreements based on a reinvestment zone can extend beyond the five years. FINANCIAL IMPACT: ri Operating Ej Revenue r Capital Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Bud` et Encumbered I Expended Amount This item ,BALANCE Fund(s): Page 1 of 7 Ordinance Designating the "voestalpine Reinvestment Zone" within the extra territorial jurisdiction of the City of Corpus Christi, Texas ( "City ") and within the City limits under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). Whereas, the Texas Property Redevelopment and Tax Abatement Act (the "Act "), Texas Tax Code, Chapter 312, as amended, authorizes the City Council of the City of Corpus Christi to designate a zone within the City limits and /or within the City's extra territorial jurisdiction for property tax abatement under the Act; and Whereas, it is the policy of the City to encourage the redevelopment of areas wherein the creation and retention of new jobs and investment will benefit the area economy, provide needed economic opportunities, strengthen the real estate market, and generate tax revenues to support local services; and Whereas, voestalpine Texas, LLC ( "voestalpine ") has requested that the City designate as a reinvestment zone the site within the City's extra territorial jurisdiction and within the City limits on which voestalpine plans to make an investment to construct improvements ( "the voestalpine site "), which site is more particularly described on Exhibit A attached hereto; and Whereas, the voestalpine site meets the criteria for a reinvestment zone as stated in Section 312.202 of the Act; and Whereas, on Friday, May 3, 2013, notice of a public hearing on the designation of the voestalpine Reinvestment Zone was published in a newspaper of general circulation in the City of Corpus Christi, and on Friday, May 3, 2013, notice was given by U.S. Mail, certified, postage prepaid, return receipt requested, to the presiding officer of the governing body of each taxing unit including property in the proposed Zone in accordance with the Act; and Whereas, the City Council of the City of Corpus Christi conducted a public hearing on Tuesday, May 14, 2013, at which all interested persons were entitled to speak and present evidence for or against the designation of the Zone for temporary property tax abatement. Now, therefore, be it resolved and ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. Creation of Zone: The City of Corpus Christi finds and determines that the voestalpine site within the City's extra territorial jurisdiction and within the City limits meets the criteria to be designated as a reinvestment zone stated in Section 312.202 of the Act and is reasonably likely, as a result of the designation, to contribute to the expansion of primary employment and will attract major investment in the Zone that would be a benefit to the property and would contribute to the economic development of the City, and that this area should be designated as the voestalpine Reinvestment 101V Q 1►rG 1► NIMIFN] X. 1rG 1Ia101M:»1►DU61rdd:1011 Me] 01MEa P-15 F-1 Page 2 of 7 Zone. The location and boundaries of the Zone are more particularly described on Exhibit A attached hereto and incorporated by reference herein. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 101U Q 1►rG 1► NIMIFN] X. 1rG 1Ia101M:»1►DU61rdd:1011 Me] ► IM, a P-15 F-1 Page 3 of 7 Exhibit A Property Description Voestalpine Reinvestment Zone Metes and Bounds Legal Description of the 475.52 -Acre Plant Site FIELD NOTES to describe the boundary of a 475.52 -acre tract of land out of a called 930.28 -acre tract known as Tract II in "Exhibit A ", said 930.28 -acre tract being a portion of a called 1089.34 -acre tract described in a deed to the Port of Corpus Christi Authority of Nueces County, Texas as recorded in Document No. 1998005467, Official Records, Nueces County, Texas and being out of a called 2496.66 -acre tract as recorded in Volume 458, Page 469, Deed Records, San Patricio County, Texas also being out of portions of the T.T. Williamson Surveys, Abstract 286, Abstract 287, Abstract 288, and Abstract 289, and the J. Gerraghty Survey, Abstract 139, all being in San Patricio County, Texas, said 475.52 -acre tract being more particularly described by metes and bounds as follows; COMMENCING at a 1" iron pipe found on the north line of said 930.28 -acre tract for the southwest corner of Tract III in "Exhibit A" of said 1089.34 -acre tract and for an interior corner of said 1089.34 -acre tract, said 1" iron pipe having Texas State Plane Coordinates of X= 1377726.63 and Y= 17220150.79, thence South 49 045'13" West a distance of 161.84 feet to a 5/8" iron rod with red plastic cap stamped "HYDRO EX SURVEYING" set for the POINT OF BEGINNING; THENCE South 17 044'36" East, being 250 feet west and parallel to the east line of said 1089.34 -acre tract, a distance of 5,516.07 feet to a 5/8" iron rod with said red plastic cap set for an exterior corner of the herein described tract; THENCE South 52 016'42" West, a distance of 186.27 feet to a 5/8" iron rod with said red plastic cap set for an interior corner of the herein described tract; THENCE South 17 044'44" East, being 425 feet west and parallel to the east line of said 1089.34 -acre tract, a distance of 1,454.17 feet to a 5/8" iron rod with said red plastic cap set for an exterior corner of the herein described tract; THENCE South 05 000'40" East, a distance of 2,033.63 feet to a 5/8" iron rod with said red plastic cap set for the southeast corner of the herein described tract; THENCE South 78 020'12" West, a distance of 198.27 feet to a 5/8" iron rod with said red plastic cap set for an exterior corner of the herein described tract; THENCE North 07 029'58" West, a distance of 1,748.16 feet to a 5/8" iron rod with said red plastic cap set for an interior corner of the herein described tract; THENCE South 78 019'34" West, a distance of 2,910.34 feet to a 5/8" iron rod with said red plastic cap set for the southwest corner of the herein described tract; Page 4 of 7 THENCE North 01 015'10" West, being approximately 470 feet east and parallel to the east toe of levee recognized as D.M.P.A. No. 14, a distance of 967.53 feet to a 5/8" iron rod with said red plastic cap set for an interior corner of the herein described tract; THENCE South 73 003'57" West, a distance of 181.77 feet to a 5/8" iron rod with said red plastic cap set for an exterior corner of the herein described tract; THENCE North 01015'07" West, being approximately 295 feet east and parallel to the east toe of levee recognized as D.M.P.A. No. 14, a distance of 3,882.65 feet to a 5/8" iron rod with said red plastic cap set for a corner, the P.C. of curve for an interior corner of the herein described tract; THENCE in a Northwesterly direction, with the arc of said circular curve to the left, whose Central Angle is 60 042'34 ", whose Radius is 1,627.00 feet, and Arc Distance of 1,723.94 feet to a 5/8" iron rod with said red plastic cap set for a corner, the P.T. of said curve, for an exterior corner of the tract herein described; THENCE North 09 028'59" East, being 100 feet east and parallel to the west line of said 930.28 -acre tract, a distance of 2,181.12 feet to a 5/8" iron rod with said red plastic cap set for the northwest corner of the herein described tract; THENCE South 70 028'50" East, being 140' south and parallel to the north line of said 930.28 -acre tract, a distance of 2,016.12 feet to a 5/8" iron rod with said red plastic cap set for the northeast corner of the herein described tract and the POINT OF BEGINNING, CONTAINING within these metes and bounds 475.52 acres (20,713,669 square feet) of land, more or less. East Dock Metes and Bounds 6.0620 -Acre Tract "EAST DOCK SITE" FIELD NOTES to describe an exhibit of a 6.0620 -acre tract of submerged lands herein referred to as the "East Dock Site" being a portion of a called 930.28 -acre tract known as Tract II and a portion of a called 21.98 -acre tract known as Tract IV - Submerged Tract, both in "Exhibit A" of a called 1089.34 -acre tract described in a deed to the Port of Corpus Christi Authority of Nueces County, Texas as recorded in Document No. 1998005467, Official Records, Nueces County, Texas and being out of a called 2496.66 acre tract as recorded in Volume 458, Page 469, Deed Records, San Patricio County, Texas also being out of a portion of the T.T. Williamson Survey, Abstract 288, in San Patricio County, Texas and the State of Texas Submerged Land Tracts, Tract I, in Nueces County, Texas, said 6.0620 -acre tract being more particularly described by metes and bounds as follows; Page 5 of 7 COMMENCING at a brass disk set in concrete known as a United States National Geodetic Survey monument marked "Quintana 1933 ", said monument having Texas State Plane Coordinates of X= 1377525.05 and Y= 17211356.21, thence South 86 023'30" East a distance of 2,042.49 feet to a 518" iron rod found for an exterior corner of a 475 .52 acre tract of land recently surveyed and monumented in November 2012 within the limits of said 1089.34 acre tract for an exterior corner of the 6.0620 -acre tract herein described for the POINT OF BEGINNING; THENCE North 78 020'12" East, along the south line of said 475.52 -acre tract, a distance of 198.27 feet to a 518" iron rod found for an exterior corner of said 475.52 -acre tract and for an exterior corner of the herein described tract; THENCE South 11 039'48" East, a distance of 165.33 feet to a point for an interior corner of the herein described tract; THENCE North 78 020'12" East, a distance of 68.77 feet to a point for the northwest corner of a called 58.07 -acre tract of submerged lands known as Tract I, Parcel 6 described in a deed to BPU Reynolds, Inc. as recorded in Document No. 2001000017, Deed Records, Nueces County, Texas for the northeast corner of the herein described tract; THENCE South 07 000'40" East, along the west line of said 58 .07 -acre tract, a distance of 260.60 feet to a point for the southwest corner of said 58.07 -acre tract, for a bend point in the P.O.C.C.A. North Bulkhead Line, and for the southeast corner of the herein described tract; THENCE South 78 020'12" West, along said north bulkhead line, a distance of 1060.00 feet to a point for the southwest corner of the herein described tract; THENCE North II 039'48" West, a distance of 200.00 feet to a point for the northwest corner of the herein described tract; THENCE North 78 020'12" East, a distance of 797.71 feet to a point for an interior corner of the herein described tract; THENCE North 07 029'58" West, a distance of 225.67 feet to a 5/8" iron rod found for an exterior corner of said 475.52 -acre tract and for an exterior corner of the herein described tract and the POINT OF BEGINNING, CONTAINING within these metes and bounds 6.0620 acres (264,060 square feet) of land, more or less. West Dock Metes and Bounds 4.7291 -Acre Tract "WEST DOCK SITE" FIELD NOTES to describe an exhibit of a 4.7291 -acre tract of submerged lands herein referred to as the "West Dock Site" being a portion of a called 21.98 -acre tract known as Tract IV - Submerged Tract, in "Exhibit A" of a called 1089.34 -acre tract described in a deed to the Port of Corpus Christi Authority of Nueces County, Texas as recorded in 101V Q 101F- 1► NIMIFN] X. 1r- 1Ia101M:»1►DU61rdd:1011 Me] ► IM, a P-15 F-1 Page 6 of 7 Document No. 1998005467, Official Records, Nueces County, Texas and being out of the State of Texas Submerged Land Tracts, Tract 1, in Nueces County, Texas, said 4.7291 acre tract being more particularly described by metes and bounds as follows; COMMENCING at a brass disk set in concrete known as a United States National Geodetic Survey monument marked "Quintana 1933 ", said monument having Texas State Plane Coordinates of X= 1377525.05 and Y= 17211356.21, thence South 68 014'28" East a distance of 1,385.35 feet to a point for the northwest corner of a called 6.0620 acre tract referred to as the "East Dock Site ", described by separate instrument, and for the northeast corner of the herein described tract for the POINT OF BEGINNING; THENCE South 11 039'48" East, along the common line of said 4.7291 -acre tract and the 6.0620 acre tract, a distance of 200.00 feet to a point on the P.O.C.C.A. North Bulkhead Line for the southwest corner of said 6.0620 -acre tract and for the southeast corner of the herein described tract; THENCE South 78 020'12" West, along said north bulkhead line, a distance of 1030.00 feet to a point for the southwest corner of the herein described tract; THENCE North 11 039'48" West, a distance of 200.00 feet to a point for the northwest corner of the herein described tract; THENCE North 78 020' 12" East, being 200 feet north and parallel to the north bulkhead line, a distance of 1030.00 feet to a point for the northwest corner of said 6.0620 acre tract and for the northeast corner of the herein described tract and the POINT OF BEGINNING, CONTAINING within 101V W 101F- 1► NIMIFN] X. 1r- 1Ia101M:»1►DU61rdd:1011 Me] ► IM, a P-15 191 Map voestalpine Reinvestment Zone Page 7 of 7 / 1j ORI PILA NT 1 (34.095aj 1. RedL iGn ULP 2 Gas Treatment Unit 0 3- Reformer Unit 4. COP Removal Unit ® 5. 6. Water Supply and Treatment Unit 7. Auxiliaries Unit U 8. Buildings -- 6. Material Handling 10. DQek OtSCRI PTION: 1 OXIDE UNLOADING WHARF 2 OAI DETRANSFERTOWERI 3 OXIDE TRANSFER TOWER2 4 OXIDE DISTRIBUTION SYSTEM 5 OX I DE STORAGE 6 OXIDE DISCHARGING SYSTEM 7 OXIDE TRANS €ERTOWER3 8 OXTESUL ING STATION 9 nEER INGGXInE SCREENING 16 0 %I DEFIMESHANDLING 11 ORI UE TRAN5FER TOWER 4 12 OXIDE COATING PLANT 13 VAPOR RE.-AL FAN s STACK 14 REDUCTION FURNACE 15 TOPGASSCRUBBEF 16 PROCESS GASCOMPRESSORS 17 16 MA IN AND AUXILIARY BLW R NEAT REOOVERY SYSTEM 19 26 REFORMER BRiQU ETTE COOLI EYORS 21 HB9 EMERGENCY STORAGE YARD 22 PRO UUCTTRANSFERTOWERI 23 Mai STACKER 24 Hai STORAGE YARD 25 PM RECLAIMER 26 PRODUCTSCREENINGSTATKINt 27 PRODUCTTRANSFERTOMR2 28 PRODUCT FINES STORAGE 29 SPACE FOR FINES BRIQUETTING 38 PRO DUCT TRANSFER TOWER3 31 RBI LOADING 32 NATURAL GAS MEASU RING AND REDUCTION STATION 33 FLARE 34 AIR COMPRESSOR STATION BUILDING 35 DESELGENERATOR BUILDING 36 TRANSFORMER 37 MAIN SUBSTATION AND CONTROL BUILDING 38 SUE ATION MATERIALHANDLINGaUFLDING 3F SU a57 .. SEAPORT 6UILDWG 4D SEAWATER SUPPLY 41 RAWWATER TREATMENT 42 FIRE WATER RESERVOIR 43 WASTE WATER TREATMENT 44. CLARIFIER 45 COOLING TOWER 46 PUMP AREA 47 SETTUNGPCNnS 48 PROCESS CLASSIFIER 48 CHEMICAL AGENT STORAGE FACILITY BUILDING SO GATE HOUSE IKH DING 51 AUMINHSTRAUON BUILDING, FIRST AND STATION, BUILDING FOR TECHNOLOGICAL STAFF 52 E4,11PMENT STORAGE WAREHOUSE BUILDING, REFRAGTORYSTORAGE., OT AND LUBRICANT STORAGE., ENERGETIC WORKSHOP', HYDRAULIC AND MECHANICAL SERVICE SHOF 53 MOBILE EQUIPMENT FILLING& SERVICE STATION BUILDING 54 ANALYZER BUILDING 11 SPACE FOR WASTE NEAT RECOVERY 56 SEAL GAS COMFRESS4R 57 INERTGAS GENERATOR 56 BRIQUE17ERAN DBSGDEDUSTNG 59 F UE GAS HOT AN _ Sb - NATURAL GAS DISTRIBUTION -� 61 PURGE GAS TANKS 62 BLOWER AREA SUMP _ 63 SEAL GAS SUMP 64 PROCESE GAS RUST RUMINATOR PURGE 4ASCOMPRESSOR i65 BUILDING ^.� 66 LABORATORY 67 062 REMOVAL GDPTIQN) 66 SPACE FOR CCCOMPRESSOR STATION 69 I HIS - RAILWAY LOADING STATION / 1j (go et t7321fF(�B9 e Plant 1 ' MICPREX M1,1BUU0 {A3) Durstberger Robert)TSI,I 10 04 2013 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 30, 2013 Second Reading Ordinance for the City Council Meeting of May 14, 2013 DATE: 4/23/2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR @cctexas,com 361- 826 -7203 Farmer's Market Ordinance CAPTION: Ordinance amending Chapter 19, Code of Ordinances, City of Corpus Christi, regarding farmer's markets and the accompanying vendor fee; providing for penalties; providing for severance; and providing for publication. PURPOSE: The Corpus Christi Nueces County Public Health District is proposing the adoption of new Section 19 -17, entitled "Farmer's Markets ", for the purpose of regulating certain goods and products, more specifically eggs, at Farmer's Markets. BACKGROUND AND FINDINGS: Farmer's markets have quickly become a major sales outlet for many agricultural producers, at which fruit, vegetables, eggs and other goods and products are sold. By law, certain goods and products, such as eggs, are required to be regulated by local health authorities. As such the Corpus Christi Nueces County Public Health District, as the local health authority, has proposed the amendment to Chapter 19, Code of Ordinances, City of Corpus Christi regarding farmer's markets, including a permit fee and regulations regarding the handling, preparation and labeling of eggs. ALTERNATIVES: No ordinance specific to farmer's markets or health district regulations specific to the sale of certain goods or products, such as eggs, sold at farmer's markets. Farmer's market activity would be regulated by Health District as a temporary event or restaurant establishment, or other activity as appropriate. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for acceptance of this ordinance. EMERGENCY INON- EMERGENCY: Non- Emergency DEPARTMENTAL CLEARANCES: Corpus Christi- Nueces County Public Health District Legal FINANCIAL IMPACT: n Operating ti Revenue n Capital X Not applicable Fiscal Year: 2092- 2095 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered Expended Amount This item BALANCE Fund(s)- Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Chapter 19, Code of Ordinances, City of Corpus Christi, regarding farmer's markets and the accompanying vendor fee; providing for penalties; providing for severance; and providing for publication. Whereas, farmer's markets have quickly become a major sales outlet for many agricultural producers, at which fruit, vegetables, eggs and other goods and products are sold; Whereas, by law certain goods and products are required to be regulated by local health authorities; Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. Chapter 19, Code of Ordinances, City of Corpus Christi, entitled, "Food and Food Establishments ", is amended by adding a new definition to Section 19 -1 to read as follows: "Sec. 19 -1. Definitions. "Critical violation means any four- or five -point violation as noted on an inspection report. "Farmer's Market means a market which has been certified by the Texas Department of Agriculture at which vendors are engaged in the retail sales of fresh fruit vegetables, eggs and other items as are permitted by local state and federal laws and regulations. Section 2. Chapter 19, Code of Ordinances, City of Corpus Christi, entitled, "Food and Food Establishments ", is amended by adding a new Section 19 -17 entitled "Farmer's Markets ", and redesignating the subsequent section numbers to read as follows: "Sec. 19 -16. Temporary food service establishments. "Sec. 19 -17. Farmer's Markets. "(a). A farmer's market shall be certified by the Texas Department of Agriculture and shall comply with all local, state and federal laws and regulations. "(b). It shall be unlawful for any farmer's market vendor or peddler to sell the goods or products listed at subsection (c) of this section without first obtaining an annual health permit in writing to do so from the health officer; and without complying with all of the requirements of this section as well as the applicable re uirements of all the provisions of the city ordinances and Code. The permi t fee for a farmer's market vendor or peddler operating under this section is fift dollars ($50.00), which must be paid prior to the issuance of the required permit and will be valid for one (1) year ending December 31, unless sooner revoked or suspended due to violation. The permit issued under this section is valid for the sale of the permitted good or product at multiple farmers' markets. ".(c) In addition to obtainin a permit in accordance with the standards set out in subsection (b) of this section, a farmers market vendor or peddler engaged in the sale of the following goods or products shall comply, with all provisions specific to the sale of said good or groduct, as follows: "(1) Eggs. A farmer, egg producer, peddler or vendor that sells eggs directly to the consumer at a farmer's market shall: "a, Label the eggs with the farmer's and /or egg producer's name, and address and label the eggs as "ungraded": "b. Provide the following statement on the' label: SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria keep eggs refrigerated, cook eqqs until yolks are firm and cook foods containing eggs thoroughly: "c. Maintain the eggs at an ambient air temperature of forty-five (45 degrees Fahrenheit or less, and prevent eggs from contacting ice or water; "d. Transport the eggs using any mode of transportation that is clean and free of material that may adulterate any food products; "e. Upon re guest of the health officer, provide proof of permit at all times _in_any farmers market location. "(d) Compliance with the provisions of this section shall not be .construed to authorize any activity in violation of anV other ordinance of the city." "Sec. 19- 1-719 -18. Mobile and temporary fixed -site food establishments. "Sec. X819 -19. Sale of food after warning from health officer. "Sec. 19-1919 -20. Interference with health officer. "Secs. 19 -20 19- 21- 19 -27- Reserved." Section 3. Chapter 19, Code of Ordinances, City of Corpus Christi, entitled, "Food and Food Establishments ", is amended by adding a new fee to Section 19 -33 to read as follows: "Sec. 19 -33. - Issuance; fee. "(b) Prior to the issuance of a health permit, the applicant shall pay a fee according to the following schedule: "Food service or food processing establishments: "Having one hundred one (101) or more employees .....$780.00 "Having fifty -one (51) to one hundred (100) employees ,._630.00 "Having twenty -six (26) to fifty (50) employees ...,.480.00 "Having ten (10) to twenty -five (25) employees .....330.00 "Having one (1) to nine (9) employees .....205.00 "Temporary food service establishments, initial day .....35.00 "Temporary food service establishments, each additional day .....15.00 "Temporary food service establishments, late fee, if application is not filed within five (5) days of an event .....70.00 "Retail food stores .....85.00 "Mobile units .....100.00 "Frozen desserts .....100.00 "Farmer's market permit..... 50.00 "Late fee .....25.00" .*3, Section 3. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable in accordance with Chapter 19, specifically Section 19 -58 and any other applicable provision of the Code of Ordinances, City of Corpus Christi. Section 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section B. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2013, by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2013, by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of Armando Chapa Nelda Martinez City Secretary Mayor 2013. AGENDA MEMORANDUM First Reading at the City Council Meeting of April 30, 2013 Second Reading at the City Council Meeting of May 14, 2013 DATE: April 30, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services a A constancep @cctexas.com (361) 826 -3227 Approval for the sale of foreclosed property at annual tax resale auction to recoup City's share of property taxes CAPTION: Ordinance authorizing the sale of no greater than one hundred and three (103) properties shown on the attached and incorporated "Re -Sale Property List" at a tax resale auction with opening bids of 20% of the most recent tax appraisal value, and reducing the opening bid for unsold properties by half. PURPOSE: The purpose of this agenda item is to authorize the sale of 103 foreclosed properties at a tax foreclosure auction to be held on June 1, 2013. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed upon due to non- payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County, in turn, has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriffs sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If nobody is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. If not sold at the auction, the law firm will then solicit written bids for these "Struck Off' properties and will bring any future resale offers before the taxing entities for their consideration at that time. At the present time, there are approximately 150 properties on the Nueces County Resale List. The law firm has reviewed the inventory of tax resale properties in Nueces County and has identified 103 properties for which no offers are pending. As in prior years, these properties are offered for sale at a public auction at the Nueces County Courthouse with a reduced opening bid. The tax foreclosure auction is scheduled for June 1, 2013 with opening bids listed in Exhibit A. If any of the properties are not sold at this initial auction, it is proposed to immediately re -offer those properties for sale by the auctioneer at half of the original opening bid. This action is to ensure that every reasonable effort is made to sell the properties and return them to the tax rolls. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. ALTERNATIVES: n/a OTHER CONSIDERATIONS: Each of the 103 properties has been reviewed by Neighborhood Services, Engineering Services, and Parks and Recreation for potential City use. Although both Engineering Services and Parks and Recreation did not identify any properties for potential City use, Neighborhood Services is still evaluating each property. If any properties are selected for removal from the list after action is taken on this agenda item but prior to June 1, 2013, City staff will ask the law firm to remove the property from the list of properties to sell. The ordinance presented in this agenda item has been worded in such a way to accommodate both the City and the law firm in the event any properties are removed from the list prior to the tax foreclosure auction date of June 1, 2013. CONFORMITY TO CITY POLICY: This item conforms to City policy and is routine in nature. EMERGENCY /NON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: • Legal Department • Engineering Services • Neighborhood Services • Parks and Recreation FINANCIAL IMPACT: x Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP (until property is sold) FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered /Expended amount of (date) This item BALANCE FUND(S): COMMENTS: If any of the properties are sold at the tax foreclosure auction, then the City of Corpus Christi will receive its share pursuant to the property tax code, including a pro rata share of the outstanding liens owed to the City. Once payment is made, then the liens will be released on those properties. RECOMMENDATION: Staff recommends that City Council approve the proposed Ordinance. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Tax Resale Property List Ordinance rn Q N rl a c R Q a a.+ a► d ai N iii m Z a a a� o< 9 W 2 Z W D ot{ CL Z Q a Wa 9 w a J W� J w Z 4 O WZ w W a w W j f0 N j Z EXHIBIT A Page 1 of 4 I EL 0 u Sri a �o m m CL g a CF a E 42 m pC a d E� C .Q .a C G m a m r. O N r'1 G d h .T f0 't3 C a N a Q 0 a v► Ix W m z U Q wr W LU CL a O ix a ° 2 W J in a z a U �Z D z ul N W a� Page 2 of 4 v O U ti.. 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That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the sale of no greater than one hundred and three (103) properties shown on the attached and incorporated "Re -Sale Property List" at a tax resale auction. Opening bids shall be 20% of the most recent tax appraisal value, as described on the attached "Re -Sale Property List." Should property fail to sell, opening bid shall be further reduced by half. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED this the the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor m ri O N e-I 41 C U T tB C w O (D V O z z 0 U C w w❑ IL J 0> a 4 ❑ H J atl CL W M 0 a m C! z O a U) w ❑ LLLI w Q 0 z w LL w ❑ w W � m U) � z Cn l(00 1� M r CN'7 a0 O rte- T 'q LO CO 0N 0 N -4t (D M O Y'1 W N M (�') CpO} ll} CM 'tf O M (y r ems- (O O Ci OD f+ f� O Sr1 (a n r co 4] O It (p r^ 47 IA O � (n N Lo C7 Oj M N (D N 06 N C� (D M c V O Ct) r n '7 N M r h r O r N M CO CO N O [h N N r N r r r 69 69 Vi 69 69 w 69 in 64 GH W 69 to 69 4a % 1 69 tfs 69 69 69 IV 3.1 69 0 69 w 69 69 C-n 69 O + 6r N M 0 O (o p N 0. 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Ez W z U J w m 5E }^ in Q ❑ LL Q W 01 LL W Q m 91 M � N U N j j fl0 m tr4 U 0p U El) M o d a Q ONi (7) 00 0 o .� 0 t7 o � r try t+ a o o N� N LO 0 o 0 of 0 �^ w M r w Nw to 0 64 0 t? 0) N tH 0 O C M r V 00 m r 4 4 as to M O a a OD 1 U U v y y N O :3 j :3 69 7 Z3 7 O q 0 T c ? $ o 0 N � x � m � °moo cu E m CU C U) 0 F- U a CL 0 U 0 u b a m m sZ. Cyr AGENDA MEMORANDUM oPOa EO Future Item for the City Council Meeting of April 30, 2013 1852 Action Item for the City Council Meeting of May 14, 2013 DATE: April 30, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike(_cctexas.com (361) 826 -3169 Michael Armstrong, Director of Municipal Information Systems i c ae I a r( cctexas . co (361) 826 -3740 Purchase of Enterprise Resource Planning System CAPTION: Motion approving license, service, hosting, maintenance and professional services agreements with Infor (US), Inc., Alpharetta, GA, for an enterprise resource planning system for $5,922,196.16, of which $1,383,138.16 is required for the remainder of FY 2012 -2013; an additional project contingency of $749,718.87; and ongoing service, hosting and maintenance. The initial term of the service agreement is three years and the initial term of the hosting and maintenance agreements is one year; each will automatically renew annually thereafter upon payment of annual service, hosting and maintenance fees, respectively. The term of the professional services agreement will extend through project completion. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. PURPOSE: The recommended vendor will provide the Enterprise Resource Planning system (ERP) that will replace the City's current PeopleSoft system. BACKGROUND AND FINDINGS: The City's existing ERP system, PeopleSoft, was purchased in March of 1998 and has been in continuous use for the fifteen years since. Oracle Corporation, PeopleSoft's parent company, has announced that it will cease providing upgrades and support for its PeopleSoft products in 2015. As a result, the City needs to move to a different ERP system. Moreover, the City requires a more up -to -date ERP system that will provide greater functionality and more robust tracking and reporting capabilities providing for increased efficiencies by leveraging use of many new electronic processes and functions available from a more modern, integrated and technologically advanced ERP system. Thus, with assistance from its ERP system consultant, Plante & Moran, LLC, the City conducted an assessment of its business processes supported by PeopleSoft and developed and issued a Request for Proposal which ultimately resulted in this recommendation to purchase the City's new ERP system from the recommended vendor, Infor (US), Inc. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: The ERP system also includes a third -party tax software component to be purchased from Business Software, Inc., Norcross, GA, the license for which will be purchased through Infor (US), Inc., the cost of which is included in the $5,922,196.16 expenditure set out herein. City staff will administratively execute a one -year maintenance agreement directly with Business Software, Inc. in the amount of $12,708.00, which will automatically renew annually thereafter. 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: Municipal Information Systems Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years Line Item Budget $3,000,000.00 $4,031,909.83 Future Encumbrances $0.00 $1,394,259.44 This Item $1,605,740.56 $5,426,169.27 BALANCE $1,394,259.44 $0.00 Fund(s): Municipal Information System Fund Comments: "This Item" in the table above is comprised of current and future expenditures to which the City will be contractually obligated through FY2015 -2016 and which are necessary to purchase the ERP System and its related component software from the four recommended vendors listed below, each of which is described in its own agenda item. Infor (US), Inc. Emphasys Software MHC Software, Inc. PCI, LLC Current Year $1,383,138.16 $36,500.00 $68,292.40 $117,810.00 $1,605,740.56 Future Years $5,288,776.87 $69,100.00 $68,292.40 $0.00 $5,426,169.27 Totals $6,671,915.03 $105,600.00 $136,584.80 $117,810.00 $7,031,909.83 In Future Years, the agreements with Infor, to which the City will be contractually obligated, and the project contingency recommended herein total $5,288,776.87, calculated as follows: $5,922,196.16 Total Amount of Infor Agreements Recommended Herein ($1,383,138.16) Current Year Expenditures for Infor Agreements Recommended Herein $749,718.87 Project Contingency in Future Years $5,288,776.87 Total of Infor Agreements and Project Contingency in Future Years The "Line Item Budget" amount in future years will be requested during the normal budget approval process in the applicable future fiscal years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Summary Master Contract City of Corpus Christi ERP Selection Summary 1. The City embarked on an eight -month process in August 2012 to select a new enterprise resource planning (ERP) solution to replace the existing legacy financial and human resource information systems (PeopleSoft). As a result, the City issued an RFP for a new ERP. 2. Proposals were received from three qualified vendors through an RFP process. Of the three, Infor and Tyler Technologies were selected as semi - finalists based on the following evaluation scoring by the City Selection Committee: Functional Requirements 30 24.43 Technical Requirements General Vendor Requirements 10 8.71 18.00 19.71 10.67 14.67 . :. 7.43 3. The City then conducted due diligence of the two semi - finalist vendors, Infor and Tyler Technologies, using the following methods and tools: a. Vendor demonstrations b. Reference checking c. Best and final offer (BAFO) 4. As a result of due diligence, Infor was chosen as the preferred vendor based on: a. Infor's overall software demonstration was scored higher in 17 of 24 areas by City staff; especially in areas deemed highly critical such as activity -based budgeting. b. Generally, references for both Infor and Tyler were positive and suggested that both vendors have the capability to deliver their respective solutions. c. 10 -year total cost of ownership (TCO) comparison was in favor of Infor; Infor's 10- year TCO was 22% lower than Tyler's based on the BAFO. Cyr AGENDA MEMORANDUM oPOa EO Future Item for the City Council Meeting of April 30, 2013 1852 Action Item for the City Council Meeting of May 14, 2013 DATE: April 30, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb cctexas.com (361) 826 -3169 Michael Armstrong, Director of Municipal Information Systems micaelar cctexas.com (361) 826 -3740 Purchase of Component Software for Enterprise Resource Planning System CAPTION: Motion approving software license, service and maintenance agreements with Emphasys Software, Emeryville, CA for treasury management software for $105,600.00, of which $36,500.00 is required for the remainder of FY 2012 -2013; and ongoing service and maintenance. The initial term of the service and maintenance agreements is one year and each will automatically renew annually thereafter upon payment of annual service and maintenance fees. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. PURPOSE: Emphasys Software will provide SymPro Treasury Management Software which is necessary to manage the City's debts and investments. BACKGROUND AND FINDINGS: To provide the functionality in the Enterprise the City's debts and investments, Infor (US), Management Software. This software is a System. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable Resource Planning system necessary to manage Inc. has proposed Emphasys' SymPro Treasury n integral component of the recommended ERP 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: Municipal Information Systems Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years Line Item Budget $36,500.00 $3,000,000.00 $4,031,909.83 Future Encumbrances $68,292.40 $0.00 $1,394,259.44 This Item $117,810.00 $1,605,740.56 $5,426,169.27 BALANCE $1,605,740.56 $1,394,259.44 $0.00 Fund(s): Municipal Information System Fund Comments: "This Item" in the table above is comprised of current and future expenditures to which the City will be contractually obligated through FY2015 -2016 and which are necessary to purchase the ERP System and its related component software from the four recommended vendors listed below, each of which is described in its own agenda item. Current Year Future Years Totals Infor (US), Inc. $1,383,138.16 $5,288,776.87 $6,671,915.03 Emphasys Software $36,500.00 $69,100.00 $105,600.00 MHC Software, Inc. $68,292.40 $68,292.40 $136,584.80 PCI, LLC $117,810.00 $0.00 $117,810.00 $1,605,740.56 $5,426,169.27 $7,031,909.83 The "Line Item Budget" amount in future years will be requested during the normal budget approval process in the applicable future fiscal years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Software License & Service Agreement EMPHASYS SOFTWARE LICENSE AND SERVICE AGREEMENT This Emphases Software License and Service Agreement ( "Agreement ") is entered into effective the day of , 2013 ( "Effective Date ") by and between Emphasy s. Software (parent company of SymPro Inc.) a Michigan corporation, with its principal place of business located at: 2200 Powell Street, Suite 1170, Emeryville, CA 94608 ( "Lmphasyrs "), and City of Corpus Christi, TX, a "Texas municipality, with its principal place of business located at: 1201 Leopard St., Corpus Christi, TX 78401 ( "Licensee "). RECI "T'ALS A. Ernphasys designs, develops and licenses a proprietary computer software solution known as the SyimPro Treasury Management Software. B. Licensee desires to obtain a personal, nontransferable, non - exclusive limited right and license to use such software and related documentation and services for Licensee's own internal business purposes only and Emphases is willing to grant such a license on the terms and subject to the conditions of this Agreement. THERE in consideration for the fees to be paid by Iicensee hereunder and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree: 1. Certain Definitions. As used in this Agreement, the following terms shall have the following definitions: A. "Annual Maintenance and Support Plan" or "Plan" shall mean the then - current support services Licensee elects to purchase from Emphases. The Annual Maintenance and Support Plan as of the Effective Date is summarized in the attached Exhibit B. Emphases may change the support services it offers with a 60 day written notice to Licensee regarding changes that will be effective Nvith the next Annual Support and Maintenance renewal date. B. "Authorized Users" shall mean Licensee and its employees and no other persons or entities; the number of which is stated in the attached Exhibit A and which may be changed by amendment to the attached Exhibit A or authorized purchase order issued by Licensee and accepted by Emphases. C. "Designated Equipment" shall mean a single Intel based computer or a network file server on which. Licensee uses the Software pursuant to this Agreement and which is more fully described in the attached Exhibit A. D. "Designated ;Site" shall mean the location at which the Designated Equipment and Licensed Products are located during the germ of this .Agreement as identified on Exhibit A to this Agreement or such other location as may be expressly approved in writing by Emphases. E. "Documentation" shall mean all user /operation manuals, Emphasys response to Licensee specifications as provided in Exhibit 1 attached hereto and other materials or information describing the Software, as hereinafter defined, its performance characteristics, technical features and other relevant information reasonably required for use of the Software, including all physical media upon which the materials or information are provided. F� "Licensed Products" shall mean the Software and the Documentation. G. "Software " shall mean that certain Emphasys proprietary computer software solution known as SymPro Treasury Management Software, in machine readable, object code form, as listed on Exhibit A, and any modules, bug fixes, modifications, enhancements and other SymPro or third party software provided to and licensed hereunder by Emphasys to the Licensee during the Term. Fl. "Final Acceptance" means the successful execution of Licensee acceptance testing in accordance with Licensee specifications as provided in Exhibit 1 and other acceptance criteria as jointly agreed to by both parties. Final acceptance is further defined in the Statement of Work per the Master Contract between Infor and City of Corpus Christi. 2. Software License. A. License Grant, Subject to the terms of this Agreement, Emphasys hereby grants to Licensee, and Licensee accepts, a limited, personal, non - transferable and nonexclusive perpetual license to use the Licensed Products solely for Licensee's own internal business purposes and solely on the Designated Equipment located at the Designated Site by the number of Authorized Users stated in the attached Exhibit A or such Authorized Users added during the Term. Licensee shall be permitted to make one copy of the Software for backup and archival purposes only. Each co1y must reproduce all copyright and other proprietary notices. B. Warranty of Ownership. Emphasys warrants to Licensee (and no other person or entity) that it is the author and owner or proper Licensee of the Licensed Products and has the right to enter into this Agreement. C. Emphasys Retains Title. Licensee acknowledges that Emphasys and its licensors retain title to the Licensed Products, all copyrights, trade secrets and other intellectual property rights licensed to Licensee even if Licensee's suggestions are incorporated into subsequent versions of the Software.. The Licensed Products constitute a trade secret and are confidential to Emphasys. D. No Ownership Rights. Other than the limited right of use of the Licensed Products described in this Agreement, Licensee neither shall have nor shall it acquire any right, title or interest in or to any of the Licensed Products or in any intellectual or proprietary rights represented thereby. E. License Restrictions, Licensee agrees that it will not modify, decompile, disassemble, translate or reverse engineer the Software, in whole or in part. Except as expressly stated, this Agreement does not include any rights to use, disclose, sublicense, or otherwise transfer the Software, Documentation, or other proprietary information of Emphasys. Licensed Products shall not be used to process data except for Licensee's internal purposes. F. Licensee shall itrmediately notify Emphasys in writing of any actual or suspected breach of this Agreement, including, without limitation, its terms limiting use. C. audit. Upon 10 business days prior written request, Emphasys may audit and examine such records at Licensee's offices during normal business hours, solely for the purpose of conforming the accuracy of all amounts due and paid hereunder, no more than once a calendar year, In the event that an audit reveals an overpayment by Licensee, Emphasys will credit Licensee's account for such overpaid amount. In the event that such audit reveals an underpayment by Licensee, I..icensee agrees to pay Emphasys the amount of such underpayment within 20 days from Emphasys' written notice. 3. Delivery of Licensed Products, Software will be hosted by and integrated with the enterprise resource planning; solution provided by lnfor ( "the ERP "). As such, Emphasys agrees to cooperate with Infor in developing, testing and implementing required interfaces as defined in the Infor Statement of Work and hosting services to ensure the interoperability between Software and the ERP, Specifically, Emphasys must be available to Infor to answer questions and provide installation and guidance during the initial setup phase. Software may be delivered to Infor by CD or by remote telecommunications from Emphasys' place of business unless the parties agree in writing to an alternative method of delivery. Emphasys is not responsible for installing the Software unless Emphasys is specifically contracted to perform installation and training services by Infor. Fees and Payment. A. License Fee, Licensee shall pay the then current fees for the Licensed Products ( "License Fees'). Licensee will remit payment for the Licensed Products within 30 days of Emphasys' invoice. P. Annual Maintenance and Support Plan. If Licensee elects to purchase services under the Annual Maintenance and Support Plan, Licensee shall pay the then current annual service fees within 30 days of Emphasys' invoice. Emphasys may adjust the services fees for Licensed Products added in any, annual period starting in the third subsequent year. Maintenance increases are capped at 3% per year starting in year three. C. Payments. All payments (i) shall be trade by bank check. or Licensee's check or wire transfer of immediately available funds and (ii) shall be due and payable to Emphasys (or Emphasys' assignee) in U.S. Dollars, at Emphasys' address as stated above, or such other places as Emphasys may from time to tirne designate in writing. All payments shall be made without offset or deduction of any nature whatsoever and are nonrefundable except as expressly stated. Licensee shall pay all applicable federal, state and local sales, use, excise, transportation, occupational or similar taxes or assessments, customs or duties. 5. Warranty, A. Emphasys warrants that: (i) Software will perform in accordance with Emphasys' standard specifications stated in its Documentation for a period of 90 days from Final Acceptance of the Software (exclusive of hug fixes, modifications or enhancements provided during the warranty period or under the Annual Maintenance and Support Plan); and, (ii) Services provided tinder the Plan will be performed in a professional and workmanlike manner, including cooperation with Infor in the development of integration to. the extent of the Infor Statement of Work, and bug fixes, modifications, enhancements provided under the flan will perform in accordance with Emphasys' standard specifications. In addition, Emphasys warrants that the Software will meet City's requirements as identified in the City's Request for Proposals, Bid No. RFP Bl- 0029 -12 for air Enterprise Resource Planning System, as amended, which is incorporated by reference, and attached as Exhibit 1. EXCEPT FOR THE WARRANTIES STATED ABOVE, EMPHASYS AND ITS LICENSORS MAKE NO OTHER WARRAN'T"IES, WRIT'T'EN OR ORAL, WHETHER EXPRESS OR IMPLIED. EMPHASYS AND I'T "S LICENSORS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, TITLE AND NON- INFRINGE, MENT, ,Fat warranty suppott, Licensee sliould contact, Teclin cal Support at telephone nirrnbet 510 655 09'00. B. Licensed Products are of a complex nature resulting in operations that may be interrupted or errors that may be encountered. Emphasys sole obligation and Licensee's sole remedy under this warranty is for Emphasys, at its option, to provide such services, bug fixes or other modifications it deems appropriate, provide a functional equivalent or reperforrn services, if: (i) Etriphasys receives proper notice of any claimed Software defect during the warranty period or a claim of defective services or Software under the Plan within 10 business days of the related occurrence, Proper notice includes copies of the data, reports and written procedures documenting the claim. And, (ii) the Licensee is otherwise in compliance with this Agreement and using the current version of the Software in accordance with Emphasys' standard specifications. In the event that it is not commercially reasonable and technically feasible to perform either (A) or (B), then Emphysys may elect to (C) refund to Licensee (1) the unused portion of the Subscription Services fee, if any, paid to Emphysys for the Software giving rise to the infringement claim and discontinue Licensee's use of such Software, and /or (2) the portion of the license fee paid to Emphysys less a charge for use by Licensee based on straight line depreciation assuming a useful life of five (5) years, provided that I.,icensee has returned or destroyed and discontinued its use of such software C. Further Limitations. The limited warranties provided in this Section 5, as limited by other provisions of this Agreement, are non - transferable by Licensee except as set forth below and shall immediately become void in the event of any unauthorized use, modification or repair of the Licensed Products or any part thereof or upon breach by Licennsee of any provision of this Agreement which remains uncured after notice and 30 days opportunity to cure. Except as otherwise may be provided in any technical support and maintenance agreement between the patties, Licensee shall pay, at Emphasys' then current rates, for services performed by Emphasys to correct problems or defects not covered by warranty, including, without limitation, those traceable to Licensee's errors. D. Licensee shall pay, at Emphasys' then current rates, for services performed by Emphasys to 4 address any Problems or defects not covered by warranty or the Plan, including, without lirnitation, those traceable to Licensee's errors. All such services will be provided to a specific proposal outlining the scope of work, time and material rates and delivery schedules. 6� Indemnificatioci, A. Emphasys hereby agrees to indemnify Licensee against any damages finally awarded against Licensee in connection with a claim that the Licensed Products directly infringe a United States copyright or patent or other intellectual property rights, provided that: (i) Licensee notifies Emphasys in writing within 30 days of the claim; (ii) Emphasys has sole control of the defense and all related settlement negotiations; and (iii) Licensee provides Emphasys with the required assistance, information and authority. Emphasys shall have no liability for any claim of infringement arising from: (a) any unauthorized use, alteration or modification of the Software including use of the Software in conjunction with products not provided by Emphasys; or, (b) use of a superseded or altered release of the Software if the infringement would have been avoided by the use of a current unaltered release of the Licensed Products, B. If the Licensed Products are held or are believed by Emphasys to infringe, Emphasys shall have the option, at its experise, to: (i) modify the Licensed Products to be non- infringing; or, (u) obtain for Licensee a license to continue using the Licensed Products. If it is not commercially reasonable to perform either of the above options, then Emphasys may terminate the license for the infringing Licensed Products and refund any unused License Fees or Annual 1\4aintenance and Support Plan fees paid for the affected Licensed Products. Licensee shall discontinue use of the Software. C. The provisions of this Section 6 state each Party's entire obligation and liability with respect to the infringement of any property right based on the use of the Licensed Products. 7. LIMITATION OF LIABILITY. To the extent a claim arises under warranty, the remedy stated in Section 5 applies. To the extent a claim arises under indemnification, the remedy stated in Section G applies. AS TO ALL OTHER CLAIMS, LICENSEE ACKNOWLEDGES THAT POTENTIAL DAMAGES IN ANY PROCEEDING WOULD BE DIFFICULT TO MEASURE WITH CERTAINTY AND THE PARTIES EXPRESSLY AGREE THAT AS A FAIR ASSESSMENT O1 POTENTIAL DAMAGES, EMPHASYS AND ITS LICENSOR'S LIABILITY UNDER TIIIS AGREEMENT, REGARDLESS OF FORM OF ACTION, PROCEEDING OR THEORY OF RECOVE, RY, SHALL NOT EXCEED 1.2 TIMES THE CONTRACT VALUE WHICH ARE DIRECTLY RELATED TO THE CLAIM. REGARDLESS OF THE FORM OF ACTION, PROCEEDING, OR THEORY OF RECOVERY, NEITHER EMPHASYS NOR ITS LICENSORS SHALL IN ANY 11IANNER BE LIABLE FOR ANY LOST" PROFITS, LOST SAVINGS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES ASSESSED AGAINST OR PAID BY LICENSEE TO ANY TTIIRD PARTY, ARISING OUT OF THE USE, INABILITY 'FO USE, QUALITY OR PERFORMANCE OF THE LICENSED PRODUCTS PROVIDED, EVEN III EMPHASYS HAS BEEN ADVISED OF HE POSSIBILITY OF SUCH DAMAGES. 5 Term and Termination. A, Term. This Agreement is for a perpetual license and shall continue until tertninated by either party ("Term") under the following conditions, B. Termination. (i) Emphasys' Right,of Termination. Emphasys may terminate this Agreement after 30 days prior written notice for Licensee's failure to pay any amounts due (including any additional License Fees or service fees resulting from legal changes expanding Licensee's rights of use). (ii) Licensee's Right of Termination. Licensee may terminate this Agreement Without cause upon 60 days prior written notice prior to the anniversary date of this Agreement. (iii) Either Party's Right to Termination. Either party may terminate this Agreement, (a) upon 30 days' prior written notice for the other party's failure to cure any other material breach of this Agreement; (b) immediately upon: (1) termination or suspension of Licensee's business, (11) insolvency or Filing of a voluntary or involuntary petition in bankruptcy, which petition is not dismissed within 30 calendar days of filing, (111) appointment of a receiver, assignee or other liquidating officer for all or substantially all of the Licensee's assets or (IV) an assignment for the benefit of creditors, C. Termination of Maintenance and Support Plan, Either party may terminate the Plan upon 60 days written notice before the anniversary date of this Agreement. D, Effect of Termination, Except for termination of the Plan, Licensee shall cease use of the Licensed Products upon termination of this Agreement and shall provide a written certification to Emphasys of removal of all copies of the Soffivare from its system and destruction of all copies of Software and Documentation except that required for archival purposes. Termination of the Plan shall not result in termination of this Agreement unless otherwise specified. Termination of this Agreement shall not relieve Licensee of its obligation to pay for any fees nor result in the refund of any fees paid. Upon tern-iination or expiration of this Agreement, provided that Licensee has paid Emphasys all amounts due under this Agreement, performed all obligations required to be performed by Licensee, and is not in material breach of this Agreement, Emphasys shall promptly assist Licensee with the provision of all Licensee data then hosted by Infor and Emphasys to Licensee as a native database export. Emphasys shall be paid all applicable charges for services rendered through final termination of this Agreement and shall be reimbursed its reasonable out-of-pocket costs and expenses incurred in providing such termination assistance. General. A. Injunctive Ounctive Relief. Licensee's breach of any obligation under this Agreement regarding the use, duplication, modification, transfer or confidentiality of the Licensed Products shall entitle fEmphasys to injunctive, specific performance or other equitable relief, all without need of bond or undertaking of any nature, Licensee specifically acknowledging that Ernphasys' ren-iedies at law under such circumstances would be inadequate. P. Assignment. This Agreement shall not be assignable by either party and neither party may delegate its duties hereunder without the prior written consent of the other party. Any attempt by a party to assign any of its rights or delegate any of its duties hereunder without the prior written consent the other party shall be null and void and shall result in immediate termination of this Agreement under its terms and conditions. Notwithstanding the foregoing, either party may assign its rights or delegate its duties under this Agreement without written consent of the other party in the event that this agreement is assigned to a successor, parent, or subsidiary of such party, or in the event of an acquisition, merger, or sale of the majority of the relevant assets or shares of either party. C. Governing Law and Venue. This Agreement is governed by the laws of Texas. Venue lies in the state and federal courts located in Nucces County, Texas. D. Sevetabili4l. If a provision is declared invalid, the remainder of the .Agreement will continue in full force and effect. The offending provision shall be interpreted to whatever extent possible to give effect to its stated intent. E. Waiver. failure to require performance of any provision or waiver of a breach of a provision does not waive a party's right to subsequently required full and proper performance of that provision. F. Entire Agreement, This Agreement represents the entire agreement on this subject ratter excluding all prior agreements, representations, statements, negotiations, and understandings and provisions in any Orders issued hereunder unless the parties consent in writing. This Agreement may be modified only by a written agreement signed by a party's authorized representative. G. Conflict. Should any Exhibit conflict with this Agreement, the Exhibit shall control. Iq. Notices. All notices and demands hereunder shall be in writing and shall be served by personal service or by mail at the address of the receiving party stated below (or at such different address as may be designated by such party by written notice to the other party) and shall be deemed complete upon receipt. I. Independent. Each party is acting as an independent contractor and not as an agent, partner, or joint venturer with the other party for any purpose. J. Compliance with all Applicable Laws. E - ort. At all times, each party will adhere to all applicable state, federal and local laws and regulations in the conduct of its business, installation and use of the Software and maintain the proper insurances as are customary in the business. Licensee shall comply with all applicable export and import control laws and regulations in its use of the Software and, in particular, Licensee shall not export or re- export the Software without all required United States and foreign government licenses. K. force Maieure, Except for the payment of any amounts due, performance will he suspended for force majeure upon written notice and may he terminated if such event continues for more than 30 days. L. Survival, sections 2(C), (D) and (G), 4 through 7, inclusive, 8(D), and 9 shall survive any termination or expiration of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreetnnent as of the Effective Date. Emphasys Software, a Michigan corporation 13 v: Naive: Michael Byrne Title: President and CEO Address: 2200 Powell Street, Suite 1170 Emeryville, California 94608 Tel. No. 510 655 0900 Fax: 510 - 655 -4064 M City of Corpus Christi, Texas ( "Licensee ") (Authorized Representative) Print Name: Title:. Address: City of Corpus Christi Attn: Director of Municipal Information Services P, 0. Box 9277 Corpus Christi, Texas 78469 -9277 Fax: (361) 826 -3239 Tel: (361) 826 -3740 Exhibit A to EMPHASYS SOFTWARE LICENSE AND SERVICE AGREEMEN'r By and Between Emphasys Software, and City of Corpus Christi, TX, Licensee Effective Date Designated Equipment: Workstations: Intel Pentium type personal computer or equivalent; 32 bit operating system; minimum speed lGhz; all current Windows operating systems that are Windows 2000 or more current; minimum 1 GB RAM; 200 MB of storage, Networking: Novel] or Microsoft Windows Server, Hard drive storage: Minimum 200 MB for soft-ware, 100 MB for portfolio data, depending on size and type of portfolio(s); 1 GB of RAM; 2 Ghz processor speed or higher. Licensee's Installation: Installation is on a network server. For equipment or operating systems not named in this section, contact SymPro for cornpatibilit�, information. 2. Designated Site; 1201 Leopard Street 4"' Floor, City Hall Corpus Christi, TX 78401 Software and Documentation: Fixed Income Earning Allocation Module General Ledger Module Creation of journal Entries Interface to Lawson GL system Debt Manager General Ledger Interface Cash Management Bank Polling (Bank transaction importing) —1 Bank Cash Position Worksheet Import/Export Manager Forecasting Funds Transfer Module — ACH/Wires/Book — I Bank "Market Pricing Module interfaces to 3-1 party pricing service, 171' Interactive Data. Ff Interactive Data pricing recloires an independent service agreement and charges i n-iininIUM fee of $95/rno for any month in which you price. This fee will price approximately 200 positions. 4. Authorized Users: Network installation with non- concurrent access and support. for 1- 3 Authorized Users, 5, License and Service Fees:. a. License and Service Tees: Totat Soft\vare License Fee $73,000 1" }n support and maintenance $14,600 :ash Management — ASP (Annual Fee) $18,000 TOTAL G. moment Schedule: $105,600 50% of License fees will be invoiced upon execution of this agreement, 25% after software installation, and the remaining License fees will be invoiced 30 dad =s after final Acceptance of the Software.. Annual Maintenance and Support for year one will be invoiced upon final Acceptance. Professional service fees and training will be invoiced by Infor. fG Exhibit B to E PHASYS SOffWARE LICENSE AND SERVICE AGREEMENT By and Between Emphasys Software and City of Corpus Christi, TX Licensee l:ffecttve Date Annual Support and Maintenance Plan The following SymPro Support and Maintenance Plan applies as of the Effective Date. Emphasys reserves the right to change this Plan at any time, with 60 dales written notice. All changes will be posted at its website: Nvvvw.syi-nl � jro.com and will become effective as of the next Renewal Term. However„ any Support and Maintenance Plan will include at least the following essential elements: Priority service from technical support and client service representatives Free SymPro version corrections and enhancements released in the license and service term Free shipment of Software and documentation Access to the SymPro Internet Site for Support (NvNvNv.sympro.com) Unlinvted tpl� phone technical su121)ort in the following areas: Loading and configuring of SymPro Software Operational Questions, including standard SymPro reports Data entry support for all debt and investment types supported within SymPro, including: Debt Serial Bonds Term Bonds Discount Bonds Variable Date Coupon Commercial Paper Commercial Paper Discount Medium Term Notes Investments Certificates of Deposits Negotiable Certificates of Deposits Checking Accounts Commercial Paper Commercial Paper Discount United States Treasury Issues, Coupon & Discount Federal Agency Issues, Coupon & Discount Rolling Repurchase Agreements GNN4A, Pass. Through Bankers Acceptances Corporate Bonds Medium Term Notes Tele- consultation is provided during normal business hours (6:30AN4 TO 5:001'M - Pacific Time), Monday through Friday for questions dealing with the operations of the Licensed Software on Designated Equipment. Support issues may be reported via voicemail (510 -655 -0900 Selection 2), fax (510 - 655 - 4064), or email (support c)syrnpro.com ), 24 hours a day. Answers to "Frequently Asked Questions" are available at ww-w.sympro.com, 24 hours a day. The resolution of some issues may require that I.,icensee provide Emphasys with a copy of Licensee's data. Licensee agrees to provide Emphasys with a copy of their data for the purpose of resolving Licensee's issue and Emphasys agrees to maintain full confidentiality of any required data and will use it only for the resolution of the Licensee's issue. Not Included: Consulting on issues concerning investment accounting matters, specific financial or investment matters, research on investments not supported within the Licensed Software, or data entry for investments not supported in the Licensed Software system are not included. Cyr AGENDA MEMORANDUM oPOa EO Future Item for the City Council Meeting of April 30, 2013 1852 Action Item for the City Council Meeting of May 14, 2013 DATE: April 30, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike(_cctexas.com (361) 826 -3169 Michael Armstrong, Director of Municipal Information Systems i c ae I a r( cctexas . co (361) 826 -3740 Purchase of Component Software for Enterprise Resource Planning System CAPTION: Motion approving a software license and maintenance agreement with MHC Software, Inc., Burnsville, MN, for document generating software for $136,584.80, of which $68,292.40 is required for the remainder of FY 2012 -2013; and ongoing maintenance. The initial term of the maintenance agreement is two years and will automatically renew annually thereafter upon payment of annual maintenance fees. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. PURPOSE: MHC Software's (MHC) document generating payroll and tax document requirements. software is necessary to manage the City's BACKGROUND AND FINDINGS: To provide the functionality in the Enterprise Resource Planning system necessary to manage the City's payroll and tax document requirements, Infor (US), Inc. has proposed MHC's document management software. This software is an integral component of the recommended ERP System. ALTERNATIVES: Not applicable 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: Municipal Information Systems Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years Line Item Budget $3,000,000.00 $4,031,909.83 Future Encumbrances $0.00 $1,394,259.44 This Item $1,605,740.56 $5,426,169.27 BALANCE $1,394,259.44 $0.00 Fund(s): Municipal Information System Fund Comments: "This Item" in the table above is comprised of current and future expenditures to which the City will be contractually obligated through FY2015 -2016 and which are necessary to purchase the ERP System and its related component software from the four recommended vendors listed below, each of which is described in its own agenda item. Current Year Future Years Totals Infor (US), Inc. $1,383,138.16 $5,288,776.87 $6,671,915.03 Emphasys Software $36,500.00 $69,100.00 $105,600.00 MHC Software, Inc. $68,292.40 $68,292.40 $136,584.80 PCI, LLC $117,810.00 $0.00 $117,810.00 $1,605,740.56 $5,426,169.27 $7,031,909.83 The "Line Item Budget" amount in future years will be requested during the normal budget approval process in the applicable future fiscal years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Software License & Maintenance Agreement SOFTWARE LICENSE AGREEMENT This Software License Agreement ( "Agreement ") is entered into between MHC Software, Inc., 11900 Portland Avenue South, Burnsville, MN 55337 ( "MHC ") and City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX, 78401 -2825 ( "Customer "). 1. Definitions. Software. The term "Software" shall mean the computer program in object code only and the respective user manuals described in the specifications set forth in Exhibit A, which is incorporated by reference into this Agreement. The term "Software" includes any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to such computer program and user manuals. License Effective Date. This Agreement and the license granted hereunder shall take effect upon the date that the last party executes this Agreement. 2. License. MHC grants to the Customer, pursuant to the terms and conditions herein, a perpetual, nonexclusive, nontransferable license to use the Software. Restrictions on Use. Customer agrees to use the Software only for Customer's own business. Customer shall not (i) permit any parent, subsidiaries, affiliated entities or third parties to use the Software, (ii) process or permit to be processed the data of any other party, (iii) use the Software in the operation of a service bureau, or (iv) allow access to the Software through any terminals located outside of Customer's Site. Copies. Customer, solely to enable it to use the Software, may make one archival copy of the Software's computer program, provided that the copy shall include MHC's copyright and any other proprietary notices. The Software delivered by MHC to Customer and the archival copy shall be stored at Customer's Site. Customer shall have no other right to copy, in whole or in part, the Software. Any copy of the Software made by Customer is the exclusive property of MHC. Modifications, Reverse Engineering. Customer agrees that only MHC shall have the right to alter, maintain, enhance or otherwise modify the Software. Customer shall not disassemble, decompile or reverse engineer the Software's computer program. Material Terms and Conditions. Customer specifically agrees that each of the terms and conditions of this Section 2 are material and that failure of Customer to comply with these terms and conditions shall constitute sufficient cause for MHC to terminate this Agreement. The presence of this Section 2 shall not be relevant in determining the materiality of any other provision or breach of this Agreement by either party. Page I of 16 3. Intellectual Property Rights. All intellectual property rights in the Software and user documentation are owned by MHC are protected by United States and Canadian intellectual property laws (including patent, trademark and copyrights laws), other applicable intellectual property laws, and international treaty provisions. MHC retains all rights not expressly granted. Indemnification MHC shall indemnify and hold Customer harmless from and against any claim of infringement of a United States patent or copyright based upon the Software, provided Customer gives MHC prompt notice of and opportunity to defend any such claim. MHC shall have the right to settle the claim or at MHC option, provide Customer (i) a paid -up license; (ii) substitute, functionally equivalent software; or (iii) a refund of a pro rata portion of the license fee paid for the software based on a deemed license term of one (1) year. MHC will not provide indemnification if the Customer modifies the software or uses the software in a manner that does not comply with this Agreement. 4. Limited Warranty. For 180 days from the date of purchase ,MHC warrants that (i) the Software will substantially conform to the applicable user documentation, (ii) the Software will substantially conform to MHC's response to relevant components of Customer's RFP which are hereby incorporated by reference as Exhibit D and (iii) that the magnetic media on which the Software is distributed and the user documentation (if any) are free from defects in materials and workmanship. MHC will, at its option, refund the amount you paid for the Software or provide you with corrected items at no charge provided that the defective item(s) is returned to MHC within 180 days from the date of purchase. Any misuse or unauthorized modification of the Software will void this limited warranty. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, MHC MAKES NO WARRANTY, REPRESENTATION, PROMISE, OR GUARANTEE, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, USER DOCUMENTATION OR RELATED TECHNICAL SUPPORT, INCLUDING THEIR QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE QUALITY, ACCURACY, FREEDOM FROM ERROR OF THE OPERATION, USE AND FUNCTION OF THE SOFTWARE. The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. No MHC dealer, distributor, agent or employee is authorized to make any modification or addition to this warranty. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. 5. Limitation of Liability. In no event will MHC be liable for indirect, special, incidental, tort, economic, cover or consequential damages arising out of the use of or inability to use MHC products or services, including, without limitation, damages or costs relating to the loss of profits, business, goodwill, or computer programs even if advised of the possibility of such damages. In no case shall MHCs' liability for money damages exceed five times the amount paid by you for the Software out of which Page 2 of 16 such claim arose. The foregoing limitations shall not apply to claims relating to death or personal injury which arise out of products deemed to be consumer goods under applicable law or intentional misconduct. No action or claim relating to this Agreement may be instituted more than four years after the event - giving rise to such action or claim. 6. Maintenance and Future Improvements. The software purchase and subsequent maintenance subscription entitles the Customer to the following maintenance services: MHC Software upgrades, continuing compatibility with ERP Applications, forms design and interface changes required by an ERP Software upgrade, and customer service and technical support. Upon the signing of this Agreement, Customer and MHC have entered into the following Maintenance Agreement: commencing 180 days from the purchase date and continuing for a term of two years thereafter, Customer will receive all maintenance, support and future improvements to the Software. Customer agrees to pay an annual fee equal to 18% of the current list price at the time the maintenance fee is due as specified in Exhibit B. Annual payments will commence 180 days after the purchase date and continue for a period of two years. At the end of the first two year term, the Maintenance Agreement shall automatically renew for a successive one year terms unless thirty days written notice is given by either party to the other in advance of the expiration of a one year term. There will be no increase in the annual fee for a period of three (3) years from the date of the initial payment. In no event will any increase exceed three (3) percent for any one year. The Maintenance Agreement also entitles the Customer to ongoing customer service and technical support while the maintenance contract is in effect. MHC shall provide telephone support during the hours of 8:00 am to 5:00pm Central Time, Monday through Friday, exclusive of national holidays. a. Support window of 8:00am to 5:00pm Central Standard Time Support. b. During crucial processing times, the Customer Support Team will make a member available for after hours calls. Examples of these situations include a first live run using the software or a special payroll run. Any special hours must be schedule ahead of time with a customer support team member. C. Response times to support calls are handled within four hours; however, knowing the crucial nature of printing checks, calls are usually handled much faster. d. Emergency situations can be handled with a paging option this is for emergency calls during normal support hours. All calls are routed through the MHC Customer Service Team. The service team will escalate the calls if necessary getting a technical staff member involved to help with trouble shooting or programming changes. The Maintenance Agreement does not include additional Custom Programming Services not licensed for under this Agreement, on -site support or training, and hardware or related supplies. Costs for onsite implementation and training are included in Exhibit C. Page 3 of 16 MHC reserves the right to terminate the Maintenance Agreement if the Customer is over 30 days delinquent on payment of goods or services to MHC. In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions of any purchase order, the terms and conditions of this Agreement shall control. 7. Services. Implementation Services. Software will be hosted by and integrated with the enterprise resource planning solution provided by Infor ( "the ERP "). As such, MHC agrees to cooperate with Infor in developing, testing and implementing required interfaces as defined in the Infor Statement of Work and hosting services to ensure the interoperability between Software and the ERP. Specifically, MHC must be available to Infor to answer questions and provide installation and guidance during the initial setup phase. Software may be delivered to Infor by CD or by remote telecommunications from MHC's place of business unless the parties agree in writing to an alternative method of delivery. Post - Implementation Services. For Customers who choose to make technological platform changes or resource support changes post - implementation (i.e., after 30 days of MHC software use in a production environment), MHC will support the additional effort required to complete the changes on a time and materials basis, based on a to -be- estimated amount of hours at the current MHC billable rate. 8. General Provisions. Complete Agreement. The parties agree that this Agreement and all incorporated Exhibits, is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between the parties relating to this Agreement. Amendment. This Agreement may not be modified, altered or amended except by written instrument duly executed by both parties. Additional software products or licenses may be purchased through an amendment to this Agreement. Waiver. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. Corporate Authority. Each individual executing this Agreement on behalf of any corporation or other entity, which is a party to this Agreement, represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of said entity. Notices. All notices required or permitted to be given hereunder shall be in writing and may be personally served, or deposited in the United States mail registered or certified, return receipt requested, and postage prepaid. Mailings shall be addressed as follows: Page 4 of 16 MHC: MHC Software, Inc. Attn: Catherine Beattie 11900 Portland Avenue South Burnsville, MN 55337 Customer: City of Corpus Christi Attn: Director of Municipal Information Systems P. 0. Box 9277 Corpus Christi, Texas 78469 or to such other address as such party shall have specified most recently by written notice delivered in such manner. Mailed notice shall be deemed given on the third business day following the date mailed. Successors and Assigns. The Agreement shall be binding upon each of the parties, its successors and assigns. Except in the case of a merger or sale of all or substantially all of the assets of a party, this Agreement may not be assigned by either party except with prior written approval of the other party. Severability. If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible. Counterpart and Fax Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. This Agreement may also be signed and transmitted by facsimile or sent by email in PDF form, with such signature to be treated as an original and the document transmitted to be considered to have the same binding effect as an original signature on an original document. At the request of either party, any facsimile document or emailed PDF document will be re- executed in original form by the parties who signed the facsimile document. Terms and Conditions. This Software License Agreement is subject to the above provisions all of which are hereby agreed to by MHC and Customer. The customer will pay all sales and use taxes if any are applicable. In states that MHC does not collect sales tax, Customer agrees to pay any applicable use tax directly to the appropriate authority. Accepted for Customer: By: (Signature) Name: (Please type or print name) Page 5 of 16 Accepted for MHC Name: (Please type or print name) Title: Date: Page 6 of 16 Title: lfzi� (MHC Software, Inc.) Date: I qt I I/ 3 Exhibit A to Software license Agreement Dated as of License Fee and Payment Schedule Exhibit A to the Software License Agreement between MHC Software, Inc., 11900 Portland Avenue South, Burnsville, MN 55337 ( "MHC') and City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX, 78401 -2825 ( "Customer "). Licensing for the Document Express System is based on Seat and Site as defined below. Each main product (Document Express Payroll, Document Express Accounts Payable, and Document Express Forms) in this Exhibit lists the allowed licensing. Any additional modules are licensed in the same manner as the main product. Standalone Computer Use A "Seat" (hereinafter Seat) is defined as a copy of the Software being loaded on a single computer. For the Software Products listed below the Customer must acquire one copy of the Software for each computer (Seat) on which the Software will be installed. One back up or archival copy of the software may also be loaded on a computer and used for processing (Backup Seat). The Customer may use the software products at the number of sites listed below, in the quantity listed below. In addition Customer may make one (1) archival copy of the Software. Site License Use A site is defined as a specific office building with a specific address, or a contiguous group of buildings at a "campus" location. The Customer may use the Software Products at the number of sites listed in Exhibit A. The licensed site for the purpose of this software agreement is: City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX, 78401 -2825. The Document Express Software may not be used at any location outside of City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX, 78401 -2825 unless additional license(s) are purchased. The customer must acquire one copy of the Software for each additional site. Additionally, the customer may make one (1) archival copy of the Software. Customer additionally may load additional copies of any licensed Software Products on a Test, Development, and Disaster Recovery Servers to be used for the limited purposes of testing, deployment, and processing in the event of a disaster. Page 7of16 Software Key Standard Features Inclusions i� W ,= Document • Ability to add unlimited accounts • One Site set up $9,995 Express • Full Document History with filtering, sorting including One User Accounts and column management Seat, One Backup Payable TM . Complete audit trail of all user actions Seat and One Test • Original Register for audit of all printing Seat (Seat= • User Manager with detailed user reports workstation) • Archiving and copying functions • Utilizes Client's • Signature Logic existing SQL or Oracle • Ability to print copies manually or Database automatically • Document Express • Report Generator for ad hoc reporting accesses the database • Embedded tool for changing document logos, using ODBC messaging, and other variable items • Discounted from • Ability to set up multiple printers based on $11,995 list price spool setting, document type, or overflow AP161 or • Interface contains FTP control, reads the • Standard interface to $1,000 AP155 Lawson AP161 or AP155 File (checks and AP161 or AP155 Interface overflow remittance) and maps the fields while loading the data into the Document Express Database Forms Design • Maps the fields loaded into the Document • One turnkey form $500 Accounts Express Database into the Client's desired design layout of check (Check Payable accounts payable layout and overflow and Check and • May suppress items in the database from • Assistance and overflow Overflow displaying on the design training setting up are • Ability to design form in virtually any layout accounts included including logos, signatures, MICR line and as one messaging. form layout) Document • Ability to add unlimited accounts • One Site set up $9,995 Express • Full Document History with filtering, sorting including One User PayrollT14 and column management Seat, One Backup • Complete audit trail of all user actions Seat and One Test • Original Register for audit of all printing Seat (Seat= • User Manager with detailed user reports workstation) • Archiving and copying functions • Utilizes Client's • Signature Logic existing SQL or Oracle • Ability to print copies manually or Database automatically • Document Express • Report Generator for ad hoc reporting accesses the database • Embedded tool for changing document logos, using ODBC messaging, and other variable items • Discounted from • Ability to set up multiple printers based on $11,995 list price spool setting or document type Page 8of16 SQ',ftware , Key,Standard Features Inclusions Prue. PR160 • Interface contains FTP control, reads the • Standard interface to $1,000 PMTOUT Lawson PMTOUT File (checks and direct PR160 and PR180 Interface deposit advices) and maps the fields while loading the data into the Document Express Database Forms Design • Maps the fields loaded into the Document • Turnkey form design $500 Payroll Check Express Database into the Client's desired layout of payroll (Check and Direct payroll layout check /advice and Deposit • May suppress items in the database from • Assistance and advice Advice displaying on the design layout training setting up are • Ability to design form in virtually any layout accounts included including logos, signatures, MICR line and as one messaging. form layout) Line Item • Allows an authorized user to map client- • Fully integrated $1,295 Maintenance specific pay codes, deductions, and hours to a Document Express Module more natural language description Module • Pre- and Post -Tax Deductions may be broken • Allows setup to key out and displayed off the Lawson pay • Allows users to reorder pay codes, code or pay summary deductions, and hours group • Allows users to suppress certain types of • Provides a more codes descriptive statement • Provides an import /export feature to Excel of earnings eliminating for easy maintenance questions and calls to payroll • Discounted from $1,495 list price Wire Module • Interfaces to the Lawson output file for the • Fully integrated $3,495 Wire data, prepares Wire format and securely Document Express transmits the file to the bank Module • Transmission method is bank- and client- • One Wire format is dependent included • Ability to concatenate multiple accounts into • Discounted from a single transmission saving on bank costs $3,995 list price ACH Module • Interfaces to the Lawson AP160 Tape File or • Fully integrated $3,995 AP161 File, formats the ACH file into CCD Document Express format and securely transmits the file to the Module bank • One ACH (CCD) • Transmission method is bank- and client- format is included dependent • Discounted from • Ability to concatenate multiple accounts into $4,595 list price a single transmission saving on bank costs Addenda • Addenda Record formatting into CCD+ and • 3 Addenda formats $7,995 Record CTX formats Page 9 of 16 Software Key Standard Features Ioris. ncWsi Pr�c . ACH Module • Interfaces to the Lawson ACH output file, • Fully integrated $3,495 for Pay Card formats the ACH file into the format required Document Express Processing by the financial institution for Pay Card Module Processing and and securely transmits the file • One ACH format for to the bank Pay Card Processing • Transmission method is bank- and client- • Discounted from dependent $3,995 list price • Ability to concatenate multiple accounts into a single transmission saving on bank costs 1099 Module • Interface to Lawson AP145 Output • One Site set up $3,495 • Forms design for laser cut sheet or pressure including One User seal designs Seat, One Backup • Manual 1099 Capabilities Seat and One Test • Full Document History Seat (Seat= • 1099 Corrections workstation) • Ability to create PDFs of the 1099s • Provides totals and document counts • Creates the 1099M, I, and D forms as supported by Lawson Financials • Discounted from $3,995 list price e -Remit • Interfaces to Lawson AP161 or AP160 • Fully integrated $3,495 Module remittance file Document Express • Creates the ACH remittance advice in the Module Client's desired layout • Retrieves the vendor • Generates a PDF of the remittance advice and email address from sends it to payee's email address the AP10 in Lawson • May also generate a CSV based on client- • Correctly retrieves defined business rules multiple "remit to" • Allows Client to designate sender email addresses • Allows globally customizable message and • As alternative, allows subject line pulling defined values from the client to store emails document (i.e. payment date) in the Document Express DB • Discounted from $3,995 list price Page 10 of 16 Software Key:Standard Features, Inclusions Price;: Positive Pay • The Positive Pay Module generates and • Fully integrated $5,995 Module with formats the positive pay output file into the Document Express Automation format required by the financial institution Module • Allows user to transmit the Positive Pay file to • One bank set -up the bank directly from Document Express. • Module can be used Transmission method is bank- and client- for AP and PR if have specific the same bank set -up • Reporting Tools • Discounted from • Void Capabilities (load voids from Lawson $6,995 list price CBTRANS or PR Checks) • Positive Pay History • Ability to concatenate multiple accounts into a single transmission saving on bank costs Document • Ability to add unlimited companies • One Site set up $9,995 Express • Full Document History with filtering, sorting including unlimited FormsTM and column management users • Complete audit trail of all user actions • Utilizes Client's • Original Register for audit of all printing existing SQL or Oracle • User Manager with detailed user reports Database • Archiving and copying functions • Document Express • Ability to print copies manually or accesses the database automatically using ODBC • Signature Logic • Discounted from • Report Generator for ad hoc reporting $11,995 list price • Embedded tool for changing document logos, messaging, and other variable items • Ability to set up multiple printers based on spool setting or document type • Ability to add additional forms with interface and forms design set up charges Interfaces . Interface contains FTP control, reads the • Standard interfaces to $3,000 Lawson File and maps the fields while loading Lawson output files the data into the Document Express Database for 3 forms (PO, AR Invoice & Statement) • $1,000 /each x 3 Forms • Maps the fields loaded into the Document • Turnkey form design $1,500 Designs Express Database into the Client's desired layout for 3 forms form layout (PO, AR Invoice and • May suppress items in the database from Customer Statement) displaying on the design layout • Assistance and • Ability to design form in virtually any layout training setting up including logos, signatures and messaging. accounts • Terms and Conditions Tab for .rtf upload • $500 /each x 3 Page I 1 of 16 Softwar'ef Keyi, andard, Features Incl `unions Pace Auto • Automates the Document Express functions • Runs on a server and Included Document of FTP, import, and distribution of documents can service all ExpressTM (print, fax, email, or web post) designated Lawson • Installed as a service or standalone Users application — client determined • Includes a scheduler — may run on a time interval or on a schedule Auto Fax . Distributes reformatted documents via fax • Interface is $4,995 Module based on Client- determined business rules incorporated into the (e.g. distribution method set in Lawson) Client's customized • Interfaces to Client's existing fax system via print routine SMTP or API • Discounted from $5,995 list price Email Forms • Distributes reformatted documents via email • Interface is $3,495 as a PDF incorporated into the • Interfaces to Client's SMTP Mail Server Client's customized • Allows for global email setup of subject and print routine message line • Retrieves email • Incorporates predefined data from the form address from Lawson into the email or subject area (e.g. invoice Tables or stores them number) within the Document Express Database (determined by client) • Discounted from $3,995 list price Page 12 of 16 soft-are- Key Standard Features Inclusions - . s., ;'rrce Nit Document • A link to Document Self- Service is created on • Includes the DSS Web $7,995 Self- Service your Lawson Employee Self- Service (ESS) Web Server, DSS Electronic site or Intranet. The link appears on the ESS Administrative Tool, W -2 Page once the employee logs into the Web and required site. The employee will re -key in their user functionality in name and password when the link is Document Express W- accessed. The employee logged into the 2 Print Module system is only able to access his /her own W -2 . Interface to Lawson documents. PR297 and laser forms • The Document Self- Service web pages mirror design, provides W -2C the Lawson Self- Service look and feel for a capabilities, Document transparent flow History and State, • The IRS requires employee consent and Local or Employer notification to distribute the initial W -2s copies electronically. Electronic W -2 Module is IRS- • Electronic W -2s with compliant and performs the tracking of IRS Compliance consent, revocation of consent, provides the • Unlimited number of necessary notices to employees, and a full retrieval users and audit trail of all activity (visible only to document volumes authorized administrative end users). • Functionality to format and print W -2 documents • Supports W -2C options and posting of W -2 history • Supports email notifications of all posts and employee actions (authorization, revocation, and change in email information) • Inactive employees may be printed or posted to an alternate web site (client - determined) • Supports ability to set up messaging for the web site using text formatting features Page 13 of 16 Software Key Standard'Features fnclusions , ° Price ;: . TurboTax • Creates file in format required by TurboTax • Fully integrated with $2,500 Interface • If client does not want to send all employee Document Express information to TurboTax then a CSV file can W -2 Module be used to maintain a list of all employees • Secure file transfer who have opted -in or opted -out (client is responsible for creation of CSV file) • An additional Document Express account is then used to create and transmit the file to TurboTax which only includes the employees who have opted -in • For organizations running MHC's Document Self- Service Release 5.1 or later, employers may allow employees to choose whether they prefer to opt -in or opt -out of the W -2 data integration with TurboTax Signature • Signature Digitization and Encryption Service • 4 signatures total $590 Service Logo Service • Client to provide company logos in .bmp • Client to provide No format Charge Total Software Price $90,320 Payment Terms: 50% of software purchase price due at time of purchase. 50% is due 30 days after software delivery. Page 14 of 16 Exhibit B to Software License Agreement Dated as of _ Maintenance Fee Schedule Exhibit B to the Software License Agreement between MHC Software, Inc., 11900 Portland Avenue South, Burnsville, MN 55337 ( "MHC') and City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX, 78401 -2825 ( "Customer "). The annual maintenance fee is 18% of current list price at the time the maintenance fee is due. Listed below are the current list prices of the following Software products as of Software Agreements License Effective date of Software ' Current11010.v c Document Express Accounts Payable $11,995.00 AP161 or AP155 Interface $1,000.00 Forms Design Accounts Payable Check and Overflow $500.00 Document Express Payroll $11,995.00 PR160 PMTOUT $1,000.00 Forms Design Payroll Check and Direct Deposit Advice $500.00 Line Item Maintenance Module $1,495.00 Wire Module $3,995.00 ACH Module $3,995.00 Addenda Record (3 Formats) $7,995.00 ACH Module for Pay Card Processing $3,995.00 1099 Module $3,995.00 e -Remit Module $3,995.00 Positive Pay Module with Automation $6,995.00 Document Express Forms $11,995.00 Interfaces (3) $3,000.00 Forms Design (3) $1,500.00 Auto Document Express $0.00 Auto Fax $5,995.00 email Forms $3,995.00 Document Self- Service Electronic W -2 Web Delivery w /User Options $7,995.00 TurboTax Interface $2,500.00 Total Software Current List Price $100,430.00 Annual Maintenance Fee 18% of Current List Price $18,077.40 Page 15 of 16 Exhibit C to Software License Agreement Dated as of Implementation and Training Fees Schedule Exhibit C to the Software License Agreement between MHC Software, Inc., 11900 Portland Avenue South, Burnsville, MN 55337 ( "MHC') and City of Corpus Christi,, 1201 Leopard Street, Corpus Christi, TX, 78401 -2825 ( "Customer "). Service ... Description >.: Pace Software • Telephone or Web meeting installation and training Included Installation . Optional on -site installation ( 2 -3 days suggested) $1,500 /day plus reasonable travel expenses Page 16 of 16 Cyr AGENDA MEMORANDUM oPOa EO Future Item for the City Council Meeting of April 30, 2013 1852 Action Item for the City Council Meeting of May 14, 2013 DATE: April 30, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike(_cctexas.com (361) 826 -3169 Michael Armstrong, Director of Municipal Information Systems i c ae I a r( cctexas . co (361) 826 -3740 Purchase of Component Software for Enterprise Resource Planning System CAPTION: Motion approving a software license and maintenance agreement with PCI, LLC, Tampa, FL, for cash management software for $117,810.00, of which $117,810.00 is required for the remainder of FY 2012 -2013; and ongoing maintenance. The initial term of the maintenance agreement is one year and will automatically renew annually thereafter upon payment of annual maintenance fees. Funds have been budgeted by the Municipal Information Systems Department in FY 2012 -2013. PURPOSE: PCI, LLC's (PCI) cash management software is necessary to manage the City's requirements for processing payments it receives by check and credit/debit card. BACKGROUND AND FINDINGS: To provide the functionality in the Enterprise Resource Planning system necessary to manage payments the City receives by check and credit/debit card, Infor (US), Inc. has proposed PCI's cash management software. This software is an integral component of the recommended ERP System. ALTERNATIVES: Not applicable 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: Municipal Information Systems Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years Line Item Budget $3,000,000.00 $4,031,909.83 Future Encumbrances $0.00 $1,394,259.44 This Item $1,605,740.56 $5,426,169.27 BALANCE $1,394,259.44 $0.00 Fund(s): Municipal Information System Fund Comments: "This Item" in the table above is comprised of current and future expenditures to which the City will be contractually obligated through FY2015 -2016 and which are necessary to purchase the ERP System and its related component software from the four recommended vendors listed below, each of which is described in its own agenda item. Current Year Future Years Totals Infor (US), Inc. $1,383,138.16 $5,288,776.87 $6,671,915.03 Emphasys Software $36,500.00 $69,100.00 $105,600.00 MHC Software, Inc. $68,292.40 $68,292.40 $136,584.80 PCI, LLC $117,810.00 $0.00 $117,810.00 $1,605,740.56 $5,426,169.27 $7,031,909.83 The "Line Item Budget" amount in future years will be requested during the normal budget approval process in the applicable future fiscal years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: License & Maintenance Agreement l. SCOPE ()F WORK ...................................................................................................................... 2 l.| Software Licenses ................................................................................................................. 2 1.1.1 Products Schedule ......................................................................................................... 2 1l2License ................................................................................................................. ~........ 2 1.1.3 1enDiDuiioonnf Software License 6vPC1 ......... ............................................................. 3 1]/4 Major Rclemoeo/ Upgrades ...................................................... ^^^^—^^^ .......................... 3 1.1.5 Solution Longevity ..................................... .^.............................. ................................... 3 1.1.6 Successor Software Products .......................................................................................... 3 1.2 Source Code .............................................................................................................. ^........... ] 1.2.1 Possession .............................................................. ...................................... ................ 4 1.2 Maintenance and Support Services .................... .............. .............. ..................................... 4 1.3.1 Software and Help Desk Support Services .................................................................... 4 1.3.2 Aoou4| System Assessment ........................................................................ .................. 4 1.4 New Services and Products ......................................... ........................................................ 5 1.5 Cooperation with ERy Vendor ............................................................................................. 5 1/6 Change Orders ... ....................................................................................................................... 5 ZTERM .................................................................... .................. ................................................... 6 2.1 Term OfSoftware License ................ .................................................................................... 6 2.1.1 Granting of License .................................................................................. ..................... 6 2~1.2 Terminating Software License ....................................... . .............................................. 6 2.1.3 Material Breaches mf Agreement .._._-----------------........--..6 2.1/4 Termination and Other Remedies .................................................................................. 6 2.1.5 License Revoked Upon Termination ............................................................................. 6 2.2 Term 0f Implementation Services ......... ................................................................................ 7 2.3 Term ofMaintenance and Support Services ......................................................................... 7 2/1 Survival ............................................................................................................................. ,... 7 ]. TEST CRITERIA ................................... ..................................................................................... 7 ].l Failure of Testing .......... ........................................................................................................ 7 4. PERFORMANCE STANDARD ................................................................................ . ......... 7 4.1 Response Time Standard ..........—.-----------.------.-''^.^^^_------8 5. ACCEPTANCE .............................................................................. ............................................ 8 5.1 Acceptance Test Plan ........................................................................................... ................ 8 5.2 Software Component Conditional Acceptance -----.---......._... .......................... 5.3 Soft\msoc Component Acceptance ................... ,^_,^^_^^~_^ ................................................. g 5/4 System Acceptance .......^.^.^^____^_—.----_.—_-----~_,,,,.,.,.,,,,,,,q 5^5 System Acceptance Checkpoint .....................^.........^^...'~.'.^..^^...^....^.^.......................~..9 5.6 Correction 0fErrors during Live Testing ...................... ....................................................... q 5.7 Acceptance n[ Non-Software Deliverables ......................................................................... 10 (x PERSONNEL ............................................................................................................................ 11 6'1 Project Mangers -----...........,...-..—_---------------......-----. ll 6.2 Client Review 0f Resumes .................................................................................................. \| 6.3 Background Checks ................................................................................................. ........... ll 6.4 ....... ................................................................................................. {l 6.5 PCl Personnel Permanency ........................................................................................... ^^^-12 /` INDEMNIFICATION ........................................................................................... ^..... ............. ]2 7.1 Infringement --.........------------_--....—...—...__--------..l2 7.2 Injury, Property, or Other Damage ---......—..--_---------_......~_--. 13 i 7.3 Services .......................................................................................... .......... ..... 13 7'4 Technology .................................................................................................................. ....l3 8. OWNERSHIP OF WORK PRODUCT ................................................... ................................... 13 9. LIMITATION OF LIABILITY AND DISCLAIMERS -....-_--... ........ |(\ WARRANTY .................... . ............................... .................................................................. |5 10.1 Performed Services ................................ ,........................................................................ ]5 18.2 Operate in Substantial Conformity with Product Specifications ------------l5 )[i3 Meet Requirements Include Exhibits .................................... .......................................... 15 10\4 Free of Programming Errors ........................................................................................... l5 10.5 PCl Testing ...................................................................................................................... l5 10.6 Computer Banjvvaze Environment ........................... ........................................................ T5 10.7 Performance Standards ...................... ............................................................................ |5 10.8 Correction nf Nonconformity or Defect .......................................................................... l5 10.9 Fixes, Feature Release and Version Releases ................................................................. l6 10L10Initial Warranty ................. ....................... .................................................................... )6 10i11 Warranty Extensions ............................ .......................................................................... l6 10i12 System Functionality Warranty ------------.........._.................l6 10.13 Payment Card Industry 8t8nU8u]n Warranty ---.----------_-------.lh 10L14Warranty Disclaimer ....................................................................................................... l6 10.15 Warranty Remedy ....................... ......... ........................................................................ |h }l. TERMS Oy PAYMENT ......................................................................................................... l7 11.1 Introduction ..................................................................................................................... }7 11.2 Pricing ............................................. .............................................................................. |7 11.3 Payment --------_-----_~___,_.^~^....~~....^..~._^^^.^.^.^.~-.^...^_..17 11.4 Invoicing ....... .............................................................................................................. 12. TERMINATION ...................................... ...... ..................................................................... /8 12.1 Disentanglement -_--------..-_-.__--................................--..._._.^19 13. SURVIVAL ............................................................................................................................. l4 14. INSURANCE ............................ ...... ........ ....... .................................................................... lg }4.} Worker's Compensation Insurance and $ Liability Insurance ....................... l4 14.2 Public Liability Insurance ............................................................................................... 20 14.3 Subcontractor's Insurance ............................................................................................... 2O 14,4 Certificate 0f Insurance ................................................................................................... 20 14`5 Insurance Company and Agent ....................................................................................... 20 15 PROTECTION AND SECURITY (}F CONFIDENTIAL INFORMATION .......-........2l 15.I Responsibility $[ Each Party ......................................................................... ---.--.2l 15.2 Disclosure of Confidential Information .......................................................................... 21 15.3 General Security ...--_----_--.--.--......~.-_-....--.--------2] 15,4 Clients System Data. ..... ................................................................................................. 22 }fi ASSIGNMENT ......................................................................................................... .... 23 17. NOTICES .... ........................................................................................................................... 23 18. DISPUTE RESOLUTION .............. ,............................................................................... ..... .24 18.1 [oft blank . ............................................................................ .......................................... 24 18.2 Project Managers Resolution .......................................................................................... 24 18.3 No Termination nr Suspension o[ Services ......................................... .......................... 74 19. FORCE MAJTURE ......................................................... ...................................................... 25 20. INDEPENDENT CONTRACTOR .............--_-----------..--......25 22. PRIME VENDOR RESPONSIBILITIES ............................................................................... 25 23. ...........................^~...^.........................................................25 24 GENERAL ................................ .^^. .......................................................................................... 26 24.1 Applicable Law and Venue ............................................ ................................................. 26 24.2 Severability --.......................---.----..~.----.__--..---_—....26 24.3 Waiver ............................................................................................................................. 26 24/4 Changes .........------------.--,...—........—.------_------26 24.5 Taxes ............................................................................................................................... 20 25. DEFINITIONS -------,—,-----.—~.~,,~.,,,.—__..................,.........~.....2h Exhibit Pricing .................................---__—.-..-_-.............30 Exhibit [l— Recommended Cashiering Hardware and Pricing Options --------.---.^—..31 Exhibit C— Maintenance and Support Services ................................................................................ ]] Exhi`itD - Recommended Hardware and Software Requirements .... ............................................. 3o Exhibit E — PCI's Response to relevant functional requirements of the City ......... ... — ........ ..... 40 iii pCIGcense Agreement for myRevenucCollector Corpus Christi AGREEMENT BETWEEN PCILLC AND CITY OF CORPUS CHRISTI This Agreement is effective as of this _____ day of 2013 between PCA LLC, a Unnhed liability company having its principal place of business at 4893 West \Na1eo Avenue, Suite E, Tampa, Florida 33634 (hereinafter referred to as °PC|"} and City of Corpus Christ}, Texas, (hereinafter referred to as "City") aTexas municipal corporation having its principal office at 12O1 Leopard St, Corpus Christi, TX7Q4O1-28Z5. WHEREAS, the City of Corpus Christi desires tnprocure aCentra|ized Revenue Collections System, also known as RCS or my0evenueCo|lector, (hereinafter referred to as the "System") and as such has reviewed the |nfnr Software Government ERP Solution proposal for moyRevenueCo||ector module provided by PO. VVHEBEAS,PC| submitted a proposal to the City on1Sthof October, 2012 (hereinafter referred to as the "Proposal") to furnish the City with software for the System, which was determined by the City to be most advantageous to the City. WHEREAS, the City has requested PCI and PCI agrees to furnish a System. WITmESSETH: The City and PC| agree tothe following terms and conditions in consideration of the mutual promises stated in this Agreement, including the following Exhibits, which are attached hereto and incorporated 1. Exhibit 4b the Pricing Proposal 2. Exhibit Bb the Recommended Cashiering Hardware and Pricing Options ]. Exhibit Cis the Maintenance and Support Services 4. Exhibit Diu the Recommended Hardware and Software Requirements 5. Exhibit EiyPC|'s response 10 relevant functional requirements of the City In the evert of any inconsistency between the documents comprising this Agreement, the order of precedence shall be as follows: 1. The Agreement 2. Exhibits to the Agreement 9ClLicenSe Agreement for myRevenueCol lector Corpus Christi 1. SCOPE OF WORK As part nf this Agreement, PC| agrees to provide 10 the City Services and Products as described herein. In addition, PC| will provide certain professional services under separate statement of work HOVV with Infor whereby PCI will perform these professional services as a subcontractor to Infor. 1.1 Software License As used herein, "Products" shall mean Software and Hardware required for the successful implementation of the System according 10 the prices set forth in Proposal (Exhibit AJ. "Software" means any one of the computer software programs which is identified in Exhibit A. PC| agrees to provide the Products, and City agrees to compensate PC| for its Products, in accordance with the terms of this Agreement and the Exhibits hereto. If requested by the City in writing, the parties may substitute the Products that are described in Exhibit A for new Products that are reasonably and yuhstaoba|k/ equivalent to those Products being substituted, and any such substitution shall not result in any adjustment to the Fees, unless otherwise mutuaUyagreedtobwthgpart/es. "Documentation" shall mean the then current 130-provided operating and technical documentation relating to the features, functions and operation of the Software. 1.1.I Products Schedule PC[ will provide the City the following software, hardware, and support components set forth ]nExhibit A: ~ PCI Software for the Revenue Collection System known as myReven ueCo I lector or RCS. 0 Hardware an defined |n the Proposal (Exhibit A) ° 3'~ party maintenance 0 Product warranty on hardware 1^1.2 License PC|-devm|uPad Software |s licensed to the City pursuant to the provisions set forth in this paragraph. 1.1.2.1 PC| grants the City a perpetual, non-exclusive, nontransferable license to use the Software and Documentation contracted for under this Agreement, for internal operations of the City, its associated agencies, and Affiliates that the City supports or with whom it shares resources for the term of this Agreement. 1.1.2.2 The City may make copies of the Software and Documentation for use of the City its associated agencies, and Affiliates, provided that all copyright notices are reproduced and the City does not exceed the number of licenses purchased. The City will not make available the Software or Documentation, or portions thereof, to any other persons or entities without prior written approval of PC]. PC| shall maintain, and make available 1u the City, the Documentation in an electronic format in a timely manner at no additional cost. 1.1.2.3 The City shall have the right to use the Software, or any portion thereof, S0 long as the number of users does not exceed the number licensed, or on one or more backup computer nodes. No other use lxlicensed. P]Liccnse Agreement for myRevenueCol lector Corpus Christi 1.12.4 The City will not copy the Software or Documentation except as necessary for use under this Agreement. The City will not decrypt without authorization, reverse compile or disassemble the Software. The City will not export or re-export the Software or documentation without the appropriate United States and foreign government licenses. Furthermore, the City agrees to abide by all applicable Federal and State Trademark and Copyright laws. 1.1.2.5 The Snftxvann and Documentation is and shall remain the mz|m property of PC|, regardless of whether the City, or its employees, may have contributed to the conception of such work. 1.1.3 Termination of Software License bwpCU In the event the City fails to: U\ adhere 10 its obligations of the software license set forth in this Section 1; or UU pay license fees doe to PC| (payments for Warranty Extensions notwithstanding), within sixty (60) days after receipt of valid invoice therefore as set forth in Section 12 PO shall have the right to terminate the license granted hereunder forty-five /45\ days after the City receives written notice from PC| of such default, which specifies the reasons for the default. If the City fails to correct the default within this forty-five (45)-day period, PC|yha|| send the City a written Notice of Termination of License and vv|thUo ten /10\ days after receipt of such written Notice of Termination of License, the City shall return to PC| all Software and all encrypted software purchased under this Agreement. 1^1~4 Major Releases ' y Upgrades City shall be entitled to future releases and upgrades whether ofa "minor" or major" nature, of PC} Software for no additional cost beyond the Support and Maintenance fees delineated in Exhibit A. 1'1.5 Solution Longevity PCI certifies the System prescribed herein will remain available and supported for a minimum of five (5) years from the time the contract |ssigned and that any material changes to PC|'u company nrproducts will not affect the City's implementation orsupport. 1.1.6 Successor Software Products In the event P[I makes available successor PC| software products (e1g., software products based onanew technical architecture) ("Successor Products") with substantially similar functionality to the PC| 3Vftvvame licensed by City within ten (10) years of contract signing, City may transfer the Software to the Successor Products, for no additional PC| license fees. In such event, City shall pay the then-current Software Support and Maintenance fees for the Successor Products, in addition to any services and/or third party fees associated with the Successor Products. 1.2 Source Code PC| shall secure all 130 source code for Software described herein, including fixes releases, features release and version releases (collectively, the "Source Code"), within its safety deposit box at the corporate bank. The Source Code will be made available to the City should PO become unable to, or otherwise fall to maintain the Software during the Warranty period, any extension thereof, or if PC| decides to stop support of the System in whole or part, or PC] becomes bankrupt. All updated code will be delivered to the bank or escrow agency in a timely manner with any releases and enhancements. PO agrees to provide the source rode to an escrow agency, at the Ok/s expense, if desired, at the City's option at any time. 91 PC}Ljoeose Agreement for myRevenueCollector Corpus Christi 2.2.1 Possession PCI will release the Source [ode to the City from storage in the event PCI becomes unable to, or otherwise fails to maintain the Software during the Warranty period, any extension thereof, or ifPC| decides to stop support of the System in vvhn|e or part or PC| becomes bankrupt. In the event P[/ releases the Source Code to the City: 1.2.1.1 The City accepts full and total responsibility for the safekeeping of the Source Code. The City agrees that such Source Code shall be subject to the restrictions oftransfer, sale, and reproduction placed on the Software in Sub-paragraph 1.2.2. 1.2.1.2 The City agrees to only use the PCU Source Code related to applications licensed 1V the City by this Agreement. 1.2.1.3 No license under any trademark, patent, copyright, or any other intellectual property right, is either granted or implied by the disclosure of the Source Code 10 the City. PQ's disclosure of the Source Code to the City shall not constitute any additional representation, warranty, assurance, guarantee, or inducement by PC] to the [hx of any kind. 1.2.1.4 PO will not be responsible for maintaining the Source [ode. PO will not be liable for any consequences related to the use of Source Code modified by the City except to the extent PO vvmuXd otherwise be liable for any consequence related to the use of the Software under this Agreement. PC| will, however, provide all system documentation and a list ofall tools required for the City 10 make productive use of the Source Code. 1.2.1.5 The City agrees that any unauthorized release of the Source Code will cause irreparable harm to PC|. Therefore, the City agrees to take adequate precautions 10 protect against the mishandling, misuse, or theft of the Source Code by the City, its employees, former employees, agents, and third-party associates. 1.3 Maintenance and Support Services 1.3.1 Software and Help Desk Support Services PC| shall provide PCI software and Help Desk support services necessary to keep the System in compliance with the Warranty and subsequent Warranty Extensions as described in the Maintenance and Support Services (Exhibit C}. The City will be charged for the initial period of Maintenance and Support Services as described in Exhibit Aand Exhibit B. The cost for Maintenance and Support Services shall not be increased during the first three years of the Agreement. Thereafter, annual cost increases for Maintenance and Support Services, if any, from the previous year shall be capped at a rate equal to no more than 3% or the CPI-W for the South region, whichever |a less, for ms long em annual Maintenance and Support Services are provided by PC|and the license agreement between the City and PC| is in effect. The City shall he b/||ad for annual Maintenance and Support Services beginning on the date of final execution of this License Agreement. 1.3.2 Annual System Assessment The City, with the assistance of PCI staff, shall conduct anassessment of the System at a mutually agreeable time, to determine if upgrades are required to maintain the Performance Standard (Annual Review). 4 PCJLiccnuC Agreement for myRevenucCollector Corpus Christi 1.4 New Services and Products From the effective date of this Agreement the City may elect to have PC| perform services that are not specifically described in this Section urin Exhibit A hereto or in the City of Corpus Christi-|nfor Statement of Work but that are related to the Services (the "New Services"), in which event PC/shall perform such New Services at the then current PC] billing nmtn for such services. PO shall commence performing the applicable New Services promptly upon receipt of written notice from the City Project Manager. 1.5 Cooperation with fRPVendor PCI hereby acknowledges that the City is planning on implementing anERP system and that the System must work in conjunction with the BRP system. The parties acknowledge that there are significant interrelationships between the System and the ERP system and that close coordination will be necessary between the City, PCI, and the City's ERP contractors in order to provide the necessary integration between the ERP system and the System, PO »heW cooperate fully with the City and its ERPcontractors to achieve the aforementioned integration, including but not limited 10 participating in joint planning meetings, conducting technical assessments uf integration points, and implementing interfaces. P[] hereby acknowledges that the City intends to enter into an agreement with |nfor, an ERPsystenm provider, for a new ERP system. As such PO shall cooperate fully with the [Kv and |mfor in providing professional services in connection with the System as a subcontractor to Infor, Specifically, PC| must be available to |nfor to answer questions and provide installation and guidance during the initial setup phase. The System will behosted by|nfor.As such, P[|agrees to cooperate with |nfor|n implementing hosting services to ensure the interoperability between System and the ERP. 1.6 Change Orders Additional Products and Services will be treated as Changes to this Agreement. PO shall provide New Services and Products e1 the then current nlhe and in accordance with Terms of Payment and, New Services Sections below.. |f the City requires the performance of Services (other than New Services) that are not then being performed, or requires e change to the existing Services, the City's Project Manager shall deliver to P{1's Project Manager Change Order specifying the proposed work with sufficient detail to enable PC| to evaluate it. PC| shall, within ten (10) business days, or longer as may be mutually agreed between the parties, following the date of receipt ofsuch Change Order, provide the City with an evaluation of the Change Order and a written proposal containing the following: adetai|ed description of Services being provided; specifications (if applicable); implementation plans, with an implementation schedule vvh|oh will be mutually agreed between PC| and the City; the timakame for performance; acceptance criteria; and for New Services, the estimated price for such performance based on the applicable charges set forth in this Agreement. All Change Orders shall be governed by the terms and conditions of this Agreement, including the hourly rates for consulting services, unless mutually agreed otherwise. Within the reasonable dmefnamne specified in PC|'s proposal, which dmeframe shall not be less than ten /10\ business days from the Project Manager's receipt of such Change Order (the "Response Period"), the City's Purchasing Agent R PC]Ljomnne Agreement for myRevenueCo I lector Corpus Christi shal|notifV PCIinwriting if the City elects to proceed with the Change Order (the "Proceed OrdeM.If, within the Response Period, the City gives notice to PC[ not to proceed, or fails to give any notice to PC|, the Change Order shall be deemed withdrawn and PC| shall take no further action with respect to If the Change Order does not impact the total fees payable under this Agreement or change the terms and conditions of this Agreement, PC| shall mnmornanco performing the Services described in the Change Order upon receipt of the Proceed Order. If the Change Order does |ropao1 the total fees payable under this Agreement or change the terms and conditions of this Agreement, PO shall promptly commence performing the Services described in the Change Order upon: U\ the City delivering to PO a Proceed Order during the Response Period, and AU the City Project Manager's approval of the applicable Change Order and such Change Order being executed by the authorized representatives of the parties as an amendment to this Agreement. A Change Order shall not become binding upon the City and the City shall not be obligated to pay PO for any Services performed pursuant toa Change Order, unless and until the Change Order related to such Proceed Order is approved by the City in accordance with the procedures outlined by this paragraph. 2. TERM 2.1 Term of Software Lkensa 2.1.1 Granting pYLicense The license granted under this Agreement shall remain in effect perpetually unless otherwise terminated under this Section. 2.1.2 Terminating Software License The City may terminate the Software license at any time upon thirty (30)days written notice to PC|, subject tnsubsection 2.1.4 and 2.1.5 below. The City may terminate any Services or Maintenance and Support services that are incorporated into this Agreement without terminating the Software license under this Agreement. 2'1.3 Material Breaches ofAgreement If either party materially breaobesth|s Agreement, the other party may give written notice of its desire to banninaha and the specific grounds for termination and, if such default is capable of cure and the party in default fails to cure the default within thirty (30) days of the notice, the other party may terminate this Agreement. if such default is incapable of cure, the other party may terminate this Agreement immediately upon written notice of its desire to terminate. 2.1/4 Termination and Other Remedies Termination of this Agreement, or any portion of it, shall not limit either party from pursuing other remedies available to it, including injunctive relief. 2.1.5 License Revoked Upon Termination Upon termination, the license to use the Software shall be immediately revoked and all licensed Software Products and supporting matwho|o will be returned to PC| within thirty (30) days or destroyed and an affidavit supplied to PCI certifying destruction. on PClLiceoae Agreement for myRevenueCollector Corpus C\oia1 2.2 Term of Implementation Services This Agreement shall commence on the date of its execution and shall continue and be in full force and effect until terminated in accordance with the provisions of this Agreement. The exact nature and expected duration of specific Implementation Services rendered will be described in a Statement uf Work agreed toby the parties and incorporated into this Agreement. 2.3 Term mfMaintenance and Support Services Maintenance and Support oheU be effective as of the date of execution of this Agreement and shall extend throughout the Initial Warranty period and subsequent VVonamty Extensions, unless terminated as provided for herein. 2.4 Survival Upon termination of this Agreement, the provisions hereof, which by their express terms survive termination, including those set forth in Section 13, Survival, shall remain in full force and effect. 3. TEST CRITERIA Unless otherwise specifically provided in any documentation provided 1n the City, the test for each Software component of the System shall include testing to the City's reasonable satisfaction of the following: (o) unit testing (i.e., individual testing of each field, screen, screen-related action, and module/program); (b) System testing (i.e., tooting of the System as a vvhn|e and its integration with other the City systems); and (o) volume/stress testing (i.e., testing of the System under peak conditions to measure response time and System reaction to|nad). 3.1 Failure of Testing if after testing the Software components or the System, the Software components or the System do not function in a manner that is consistent with the standards identified in the Acceptance Test Plan, Functional Specifications or other written documentation provided to the City by PC| that describes the anticipated performance of the System, the City shall have the option, upon notice to PCI to: ° Terminate this Agreement, in accordance with the provisions of Section 12; or ° Accept the System at its then level of performance; nr ° Permit the Live Testing to be further extended for such period as mutually agreed upon by the Parties in writing; or ° Accept those portions of the System which pass the acceptance criteria and require PC| to correct the remaining portions, in which event the City shall not be liable for any payments associated with the implementation of such remaining portions until they have been accepted; or ° Pursue such remedies as may he available to the City at law orinequity. Final Acceptance of the System by the City will not release 9C| from complying with the warranties and maintenance requirements set forth herein. 4. PERFORMANCE STANDARD The Performance Standard and the Response Time Standard set forth below shall apply to the System and any subsequent Fixes Releases, Features Releases, and Version Releases. For purpose of determining whether the System meets the Performance Standard and the Response Time Standard, the performance of the System shall be judged on the basis of the following assumptions: (a) no more than ten (10) concurrent users will use the System at a given time, (b) scheduled downtime, 7 PCILiceuoe Agreement for myRevenueCollector Corpus Christi external interface failures, hardware failures and network outages not caused by the System will not be taken into account, /c\ the System will be installed using the hardware in accordance with PCyo recommended hardware configuration, and (d) such hardware will run the System and will operate in a production network environment, using industry standard network traffic mnn|toringdevices/tno|s, for the purposes of determining the System's compliance with the Response Time Standard and Performance Standard. In the case that the System does not meet the Performance Standard and the Response Time Standard, the parties yhu|U then move the System to an environment where in the hardware (provided by the City in accordance with PO's recommended hardware configuration) shall run only the System and shall operate in a stand-alone network environment. The parties shall then use this isolated environment to make e final determination as to the System's compliance with the Performance Standard and the Response Time Standard. In the case that the System continues to not meet the Performance Standard and the Response Time Standard, PC| will revise its recommended hardware configuration and procure any additional hardware and software required to meet the recommended hardware configuration atPC|'sexpense, 4.1 Response Time Standard The System shall be fully operational and available for use by the City ninety-nine and nine tenths percent (99.9%)mf the time. Response Time Standard a. Add and Update Performance Criteria—The System shall perform in a three (3) second or less response time, on odd or update ofa single database record, ninety percent (90Y6) of the time or better. b. Search Performance Criteria—The System shall perform within five (5) onrnndu or less response time, on key search items as set forth in the Acceptance Test Plan, ninety percent (90%)of the time or better. The performance of batch and or background processes, maintenance and the installation of an additional module shall not adversely affect the System performance. 5. ACCEPTANCE 5.1 Acceptance Test Plan PC[ with input from the Cby, shall develop an Acceptance Test Plan ("/([P") for the System. 5.2 Software Component Conditional Acceptance Upon PCys notification 1n the City that PC| has completed the installation of a Software Component(s) and that such Software Component(s) are ready for testing the City shall begin testing such Software Component(s) in a non-production environment using the test procedures and standards contained in the ATP, or such other standards as are mutually agreed upon in writing ("Acceptanoe Test Procedures"), to determine whether each Software Component meets in all material respects, the applicable Specifications and acceptance criteria set forth in the Agreement, the Exhibits, or such other criteria as are mutually agreed upon in writing /"User Acceptance Testioc°\. After the City has completed the User Acceptance Testing for a Software Component and has operated such Software Component for up to ten (10) calendar days in accordance with the Specifications, the City yhe|| nn1[fv PC| in writing that "Conditional Acceptance" of such Software Component (or the entire System, as the case may be) has occurred. |f the City determines that a Software Component, Orthe System as avvhn|e, does not perform as provided for in this Agreement, the City shall deliver to PO u report describing the discrepancies. PC| shall correct the errors or defects within fifteen (15) calendar days after receiving such report, and the City may re-test the Software Components and the System for an additional test period of up to ten (18) calendar days, at the end of which the process PCILioense Agreement for myRevenueCollector Corpus Christi described above in this Section shall be repeated. This procedure shall continue until Conditional Acceptance of the Software Components, or Acceptance of the System, as the case may be. 5.3 Software Component Acceptance Once Conditional Acceptance of the Software Component(s) necessary to begin Productive Use of the System, the City shall begin using the Software Components for Productive Use. Once the City has used the Software Components in a production environment for m sufficient time to test all functions of the Software Components in an integrated environment ("LiveTestino"),which period of time for Live Testing shall be no more than thirty (30) consecutive calendar days after the Go Live Date of the Software Component /as described in Exhibit /\\, and has determined that: /|\ there have been no material errors, (i|) the Software Component performs as warranted in this Agreement, and ([ii) all training Services required hereunder, and other Services described in Exhibit A, have been completed, the City shall notify PC| in writing of its "5oftvvana Component Acceptance" of the relevant Software Component In no event shall any other action or inaction by the City, including the City's use of the System, in a live, operational environment, constitute "Acceptance' of any portion of the System. Notwithstanding anything to the contrary contained herein, in no event shall Software Component Acceptance be deemed a waiver uf any right or remedy available to the City, under this Agreement, at law, or in equity as a result of any defect in a component or deliverable not discovered by the City during the User Acceptance Testing or Live Testing periods. 5.4 System Acceptance Once Conditional Acceptance of all Software Components of the System has occurred, the City shall begin using the System for Productive Use. Once the City has used the System in aproduc1ion environment for a sufficient time to Live Test all functions of the System in an integrated environment, which period of time for Live Testing shall be no more than thirty (30) consecutive calendar days after the mutually agreed upon Go Live Date of the System, and has determined that: k\ there have been no material errors, (ii) the System performs as warranted in this Agreement, and (iii) all training Services required hereunder and other Services described in Exhibit A have been completed, the City shall notify PC| in writing of its "System Acceptance" of the System. In no event shall any other action or inaction by the City, including the City's use of the System, or any portion thereof, in e live, operational environment, constitute "Acceptance" of any portion of the System. Notwithstanding anything to the contrary contained herein, in no event shall System Acceptance be deemed a waiver ufany right or remedy available to the City, under this Agreement, at law, or in equity asa result of any defect in a component or deliverable not discovered by the City, during the User Acceptance Testing nr Live Testing periods. 5.5 System Acceptance Checkpoint If after 30 days of Live Testing for the purpose of establishing System Acceptance, the City has determined that the System is meeting the criteria of e successful Live Test, as established in Section 6.4, the "System Acceptance Checkpoint" shall have been reached. The City shall notify PC| of attainment of the "System Acceptance Checkpoint" inwriting. 5.6 Correction of Errors during Live Testing |n the event that the System does not meet the Performance Standard or Specifications during the Live Testing period, PCI shall have fifteen /B\ calendar days in which to correct, modify orimprove the System to meet the applicable criteria. Thereafter, the performance period shall be extended by fifteen /15\ calendar days. if the Performance Standard and/or Specifications are not attained during the Live PC|ljcenpe Agreement for myRevenueCol lector Corpus Christi Testing Period, after a maximum of one hundred and eighty (180) calendar days, the City may pursue remedies as set forth |n this Agreement. 5.7 Acceptance of Deliverables The City will review, approve and provide written for all Non-Software Deliverables (e.g., plans, documents) in the following way: The PC| Project Manager YNU review "drafts" of each Deliverable with the City Project Manager or designee prior to formal submittal of each Deliverable. The City resource will identify in vvrbblg any required changes, deficiencies, and/or additions necessary within seven (7) business days of receipt of each draft Deliverable. For the purposes of this section, business days do not include City holidays. 4 period greater than seven /7\ business days will be allowed upon mutual agreement of the parties. PO will revise each Deliverable based on feedback from the City and submit final version of the Deliverable for review and from the City Project K4unaQec The City Project Manager will identify in vvhdng any required changes, deficiencies, and/or additions necessary within five /S\ business days of receipt of the final version of each Deliverable. A period greater than five (S) business days will be allowed upon mutual agreement nf the parties. Upon acceptance of the final Deliverable, the City Project Manager will sign ^ a Deliverable Acceptance form and shall return it to the PC| Project Manager. For final Deliverables that are rejected by the City PC| shall re-perform the Services and resubmit the Deliverable for review in accordance with the procedures outlined in this section (including the 5 day review p*rk/d). Notification of the lack of action on the acceptance of a Deliverable (no signed acceptance or no notification of required changes, deficiencies, and/or additions) will be reported in writing to the City Project Manager by the P[| Project Manager at the end of the review period following delivery. The period may then be extended for two business days at the City Project Managers request. |n the event that the PC| Project Manager does not receive written comments or signed Deliverable Acceptance form within the extended period, the Deliverable will be considered accepted. IN PCI License Agreement for myRevenucCollector Corpus Christi 6. PERSONNEL 6.1 Project Mangers Each party will endeavor in good faith to maintain one person in the Project Manager capacity during the term of this 4greemen1. Each party will also endeavor in good faith to maintain the same Key Personnel during the term of this Agreement. For the purposes of this Agreement, PC|'s Key Personnel include the Project Manager, 9njeo1 Consultant, Business Analyst/Designer, and RCS Leud, P[|'s Project Manager will have the overall responsibility for the Services until the completion of Services as provided for under the Statement of Work, and will be the City's primary contact person. If the City determines in good faith that PC|'y Project Manager or any other Key Personnel are not qualified to fulfill the responsibilities of his orher position, as defined in the Statement of Work, PC| shall substitute such individual with a qualified replacement subject to the City's approval. POvviU not reassign nr replace its Project Manager or any Key Personnel, except for extenuating circumstances. Should PC|'s Project Manager or any PC| Key Personnel leave the employ of the party during the term of this Agreement, PC| will make a good faith effort to present to the other party on individual with equal or greater qualifications as a replacement subject to the other party's approval, which will not unreasonably bewithheld. 6.2 Client Review ofResumes The City has the right to inspect the resume of and interview any PC| proposed Key Personnel prior to that key personnel's participation on the project. If the City determines, in good faith, that any of the proposed PC| Key Personnel are not qualified then PC| shall submit different candidate for consideration. 6.3 Background Checks PC| expressly agrees that all 9O personnel assigned to the Project may be subject to a background investigation conducted by the City prior to such staff reporting for work at the City's sites. Any PC] personnel having been convicted of o Felony or C|o»» | or H Misdemeanor shall he denied access to the sites and tn the City's information. 6.4 Drug-Free Workplace The City is a drug-free workplace and as a condition of continued service on the Agreement, the City may require any PC| personnel doing work at the City's site tnsubmit tnan alcohol and drug test a1 any time. 1l PC{Lic0uac Agreement for myRevenueColleetor Corpus Christi 6.5 PCI Personnel Permanency The City considers esuitable working relationship to beaproduct of several factors, not the least of which is the presumption of permanency of P[i personnel for the duration of the work effort. It is anticipated that P[| will provide a stable work force and limit disruptive personnel changes. PC|'s Key Personnel should not be removed from the project except for circumstances beyond PC| control or as otherwise requested by the City. Replacement personnel shall be identified using the same guidelines established for the initial PC| Project personnel as described above and must be approved by the City. PC|e8/eey to provide turnover and knnvx|m6ge transfer from one person to the other in the event of the removal of personnel and to make no charge 10 the City for the time associated with such turnover and knowledge transfer /up to an 80 hour transition period for the Project Manager, and up to 40 hours for other Key Personnel). PC| shall keep the City advised ona current basis as to the availability of personnel to perform work. 7.1 Infringement PC| shall defend and hold harmless the City and its officers, agents and employees from any claim or proceedings brought against the City and from any costs, damages and expenses which arise as result of any claim that is based on an assertion that the City's use of the work products under this Agreement constitutes an infringement of any United States or foreign patent, copyright or trademark provided that the City notifies 9O promptly of any such claim or proceeding and gives PO full and complete authority, information and assistance todefend such claim orproceeding and further provided that PC| shall have sole control of the defense of any claim or proceeding and all negotiations for its compromise or settlement provided that PC| shall consult with the City regarding such defense. in the event that the work products are finally held to be infringing and its use by the City isenjoined, PU shall, at City's election: (1) procure for the City the right to continue use of the work products; (2) modify or replace the work products so that they become non-infringing; or (3) if procurement of the right to use or modify or replace cannot be completed by PC|, refund to the City one (1.0) times the fees paid for the work pnoduct If the City modified the work products in any manner without the prior written consent of PC| and such modification is determined by court of competent jurisdiction to beacontributing cause of the infringement, the City will share proportionately in the cost of the defense and damages. In the event PO updates the work products and the City does not have a current Maintenance Agreement with PC|, PC| shall provide the Modified Work Products to the City at no charge. PO shall have no liability hereunder if the infringement vvnu|d have been avoided by the City's use of either: i\ the most current revision of the work products or ii) the Modified Work Products, provided that PC| provided the City, with adequate notice that such use was required to avoid an infringement claim and provided access to such products The foregoing states PC|'s entire liability and the City's exclusive remedy with respect to any claims of infringement of any copyright, patent, trademark, or any property interest rights by the work products, any part thereof, or use thereof. 12 POLinense Agreement for myRevenueCollector Corpus Christi 7.2 Injury, Property, pr Other Damage PC| shall indemnify, defend, at its expense, and hold harmless the City from and against any and all claims, demands, judgments, awards, liabilities, losses, damages, and expenses including reasonable attorneys' fees, arising out of or relating to bodily injury or death of any person, or to damage to tangible personal or real property, arising out of or relating to the negligence or willful misconduct of PC[ its officers, agents and employees in their performance under this Agreement, unless such injury is caused by the sole negligence or concurrent active negligence of the City, its officers, employees, or agents. If PC|~s negligence combines with the City's active negligence to cause injury, the parties agree that liability will be apportioned as determined by a court ofcompetent jurisdiction. 7.3 Services P[| shall indemnify and defend, at its expense, and hold the City harmless from and against any and all claims, demands, judgments, awards, |hubUide4 losses damages, and expenses including reasonable attorneys' fees, based on allegations, of nnn'paynment from PO's subcontractors arising out ufor related to services performed or products provided bv them hereunder. 7.4 Technology PC| shall |ndemnhfy, defend, and hold the City harmless from and against any and all claims, demands, judgments, awards, liabilities, losses, damages, and expenses, including reasonable attorneys' fees, arising out ofPC|'s failure to observe and follow any written requirements or specifications issued by manufacturers, vendors, or lessors of equipment, software, and other products furnished by the City, for use by PO under this Agreement; provided however that (i) the City shall be responsible for obtaining any consents required or necessary for PCI to use such equipment, software or other products provided by the City and 0\ unless such requirements or specifications are already in PC|'s possession, the City shall provide PO with written copies thereof. QL OWNERSHIP OpWORK PRODUCT All inventions, discoveries, Deliverables, intellectual pruperty, technical communications and records originated nr prepared by P[| pursuant to this Agreement including papers, charts, computer programs, and other Documentation or improvements thereto to the extent that such materials are described in or required by the Statement of Work (collectively, the "Work Product") shall be PC|'s or the third party supplier's exclusive property. PC| hereby grants the City unlimited, irrevocable, vvor|d'm/ide,perpetuo|,roye[ty'freenon-exc|ush/edghtsand|iconomxtnuse, modify, reproduce, perform, release, display create derivative products from and disclose the Work Product, subject to the confidentiality provisions contained in Section 17 of this Agreement. 13 PCI License Agreernent for myRevenueCollector Corpus Christi 9. LIMITATION OF LIABILITY AND DISCLAIMERS Subject to the express provisions and limitations of this Section, the parties intend that each party shall be liable to the other party for all actual, direct damages incurred as a result of the breaching party's failure to perform its obligations. (a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BELOW, THE AGGREGATE CUMULATIVE LIABILITY OF THE CITY HEREUNDER FOR ALL CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT, NOTWITHSTANDING THE FORM (e.g., CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) IN WHICH ANY ACTION IS BROUGHT, SHALL BE LIMITED TO THE AMOUNT OF CHARGES OWED AND UNPAID FOR SERVICES RENDERED. (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION, THE AGGREGATE CUMULATIVE LIABILITY OF PCI HEREUNDER FOR ALL DAMAGES ARISING UNDER OR RELATING TO THIS AGREEMENT, NOTWITHSTANDING THE FORM (e.g., CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) IN WHICH ANY ACTION IS BROUGHT, SHALL BE LIMITED TO -1.5 TIMES THE CONTRACT VALUE. THE FOREGOING LIMITATION UPON THE AMOUNTS OF PCI'S LIABILITY SHALL NOT APPLY TO: (A) PCI'S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT), (B) PCI'S CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT); (C) CLAIMS BASED UPON PCI'S FAILURE OR REFUSAL TO CONTINUE SERVICES IN VIOLATION OF SECTION 20; OR (D) ANY DAMAGES FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO REAL PROPERTY AND TANGIBLE PERSONAL PROPERTY. THIS LIMIT ALSO APPLIES TO SUBCONTRACTORS OF PCI, (c) NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE OR IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM' IN WHICH ANY ACTION IS BROUGHT (E.G., CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION AND IN THE CASE OF LIABILITIES BASED UPON: (1) CLAIMS FOR INDEMNIFICATION), OR (2) CLAIMS WITH RESPECT TO A BREACH OF CONFIDENTIALITY. (d) NOTWITHSTANDING THE FOREGOING, PCI ACKNOWLEDGES AND AGREES THAT, SUBJECT TO THE ABOVE LIMITATION ON ACTUAL DAMAGES, THE TYPES OF DAMAGES THAT THE CITY MAY RECOVER FROM PCI SHALL IN ALL EVENTS INCLUDE ALL ACTUAL DIRECT COSTS AND EXPENSES PAID OR INCURRED BY THE CITY AS A DIRECT RESULT OF ANY FAILURE BY PCI TO PERFORM ITS OBLIGATIONS HEREUNDER, INCLUDING ANY ADDITIONAL COSTS INCURRED BY THE CITY TO OBTAIN REPLACEMENT SERVICES COMPLYING WITH THE TERMS HEREOF AND TO ADDRESS, AND TO MINIMIZE OR AVOID THE CONSEQUENCES OF, THE BREACH AND THE ADDITIONAL AMOUNT THE CITY ACTUALLY HAS TO PAY FOR REPLACEMENT SERVICES. 14 PCI License Agreement for myRevenueCollector Corpus Christi 10.1 Performed Services PCII warrants that its Services will be performed consistent with generally accepted industry standards. PC| further warrants that the modules have been configured as agreed to by the City and PO to comply with requirements as set forth in Exhibit E, as may be modified by mutual agreement of the parties during the pre-implementation project review stage ("Gap Analysis"). 10.2 Operate in Substantial Conformity with Product PC| products are warranted to operate in substantial conformity with product specifications upon System configuration and certification, during the Initial Warranty period and for any Warranty Extensions that may be purchased thereafter. in addition, PQ products will materially and substantially include the functionality listed in the |nfur Functional and Technical Requirements designated as "T" response for PC| products. |nfor Functional Specifications are incorporated by reference and included as Exhibit Eto this agreement. PO warrants that Services and Products shall be provided in a timely and professional manner by qualified personnel and that PO has the right to license the System provided under this Agreement and that the System does not infringe upon any rights of third parties. I0L3 Meet Requirements include Exhibits PC] warrants that the System shall meet the requirements of this Agreement including Exhibits. 10.4 Free uf Programming Errors PC| warrants that the System shall be substantially free from programming errors, viruses, and defects. 10L5 PQ/7esbVmg PC| umna/ts that the System shall be thoroughly tested bxPC|. PC| also warrants that the System will be compliant with Americans with Disabilities Act. 10.6 Computer Hardware Environment PC| warrants that the System shall operate on the computer hardware in accordance with P[|'s recommended hardware configuration. 10.7 Performance Standards PCI warrants that the System shall meet the Performance Standard and the Response Time Standard as met forth in Exh|b|t [ of this Agreement for five (5) years from the date ofCutover. After Cutover, the Performance Standard and the Response Time Standard requirement shall be effective only in the event that the City rnaNan necessary upgrades based upon the Annual Review of the System. 10.8 Correction of Nonconformity or Defect PC| shall not be obligated to correct or otherwise remedy any nonconformity or defect in the System if the City has made any application software changes to the System without the approval of RC| or if the City has not reported to P[| the existence and nature of such nonconformity ordefect promptly upon discovery thereof. 15 PCI License Agreement for rnyRevenueCollector Carpus Christi 10.9 Fixes, Feature Release and Version Releases All Fixes Releases, Features Releases, and Versions Releases, applied to, or installed on, the System shall be incorporated into the Warranty. 10.10 Initial Warranty The Initial Warranty shall become effective upon the System being put into production use by the City, and continue as long as Client pays support and maintenance. 10.11 Warranty, Extensions Warranty Extensions shall include Maintenance and Support Services. Annual renewals will be automatic, for o n e - y e a r from the expiration of the initial warranty, unless cancelled by written notice from the City. PCI agrees that pricing regarding Warranty Extensions will remain valid, prorated, and invoiced in advance, to an annual billing cycle. 10.12 System Functionality Warranty PCI represents and warrants that all PCI - provided System Software configurations, modifications, customizations, data conversions and interfaces (i) shall function properly and in accordance with the design document, separately and as a fully integrated system, and (ii) when operated together will not cause any material delays, defects, or problems with the City and Infor System Software, subject to any capacity constraints of the City's communications network environment. PCI further warrants that the System Software functionality that is identified in Exhibit A as "Fully `Out of the Box', " will be delivered to the City by PCI, to the maximum extent possible, without modifications to the System Software or the source code, bolt -on programs, or extensive workarounds. In addition, PCI warrants that the modifications to the System Software performed by PCI hereunder will not detract from or otherwise interfere with the full functionality of the System Software as described in the Specifications and Acceptance Criteria. 10.13 Payment Card Industry Standards Warranty PCI represents and warrants that the Payment Card Industry Standards do not apply to the Software and Services being provided under this License Agreement. 10.14 Warranty Disclaimer PCI DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ALL WARRANTIES ON PRODUCTS FURNISHED HEREUNDER, EXCEPT THOSE SPECIFICALLY STATED ABOVE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY. THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND REPRESENTS THE FULL AND TOTAL OBLIGATION AND /OR LIABILITY OF PCI. 10.15 Warranty Remedy For a violation of any of the forgoing warranties, the issue shall be escalated through the PCI help desk escalation procedures as described in Exhibit C. if the issue cannot be remedied after completion of the escalation procedures in Exhibit C, then Licensee may pursue any legal remedies available. 16 PCILioense Agreement for myRevenueCollector Corpus Christi 11. TERMS OFPAYMENT 11.1 Introduction Exhibit Asets forth the charges with respect to the Services, which charges the City, shall pay toPCI subject to PC|'n performance of its obligations under this Agreement and the limitations set forth in the Agreement. The sole consideration for all of the Services and other matters provided by PQ under this Agreement io set forth in this Exhibit A. 11.2 Pricing The ERP Implementation Services to be provided by PC| as described in the City of Corpus Christ — |nfor Statement ofWork /°|nforStatement of Work") will be charged to the City by 1ufoz, on a fixed fee basis, vvhjcb includes all PC[ travel and all PC| Reimbursable Expenses. "Fixed fee" means that PC| will perform under the /nfnr5tatennent of Work (as may be modified by agreement of the parties) even if PC| is required to expend more than the number ofhours used to determine the cost set forth in the |nfor Statement of Work and will not charge the City for such excess hours or expenses unless otherwise permitted under this Agreement. Any duly authorized change orders 10 the |nfor Statement of Work related to the services to be provided by P[| shall be billed at the same rates in effect at the time of execution of this License Agreement. in no event will the cost 0o the City of the Products, including travel and reimbursable expenses and excluding third party software, exceed the price as set forth in Exhibit A, unless agreed upon in advance in writing signed by authorized representatives of the parties through the Change Order process outlined in Section 2 pf this Agreement. Services 10 be provided by PC] after completion of ERP Implementation Services under a duly authorized separate statement ofwork between the City and PO will be provided at then current PO rates in effect . 11-3 Payment PC| will submit invoices for Products delivered to the City upon execution of the License Agreement The City will not be billed or be liable for any charges other than those described and authorized in this Agreement. The City will pay |nfor for Implementation Services actually performed by PC| and for Reimbursable Expenses actually incurred, which were provided in accordance with the Statement of Work between City and |ofor, for amounts not to exceed fixed fees identified in the |n6nrStatement of Work.. Documentation uf expense items will be made available to the City upon request. 11'4 Invoicing P[| shall issue itemized invoices that reflect delivery of Products. Invoices shall be sent tothe City at P.O. Box 9277, Corpus Christi, Texas 78469'9277. PC[ shall submit such invoices and detail: (a) the Services performed (e.8, each activity, task, and/or mi|estone); and (b) with respect to the New Services, if being billed on a time and materials basis, the number of hours and corresponding fees attributable to each such person's performance of such Services, and shall be in the format agreed upon by the parties. The City shall pay all undisputed invoices properly issued within its normal payment cycle (thirty (30) days from receipt of invoice). U PC{Liceuse Agreement for myRevenueCollector Corpus Christi 12. TERMINATION The Services to be provided under this Agreement may be terminated in whole or in part, by the City in accordance with this Section whenever the City determines that such termination is in the hest interest of the City, which termination shall be effective at 11:59 p.m. on the intended date of termination (the "Termination Date"). Any such termination shall require a minimum of thirty /30\ dam/ written notice and shall be effected by delivery to P[| of notice specifying the extent to which provision of services under the Agreement are terminated, and the date upon which such termination will become effective (the "Termination Notice"). In the event the City elects toterminate any category ofService (but not all Services in the aggregate) pursuant to the terms hereof, PO shall perform its Disentanglement obligations hereunder to the extent applicable to the Service or Services being terminated. In the event of all or any partial termination of the Services, PC| shall be entitled to the unpaid Fees for Services actually rendered up to and including the applicable Termination Date, on a time and materials basis, at the then current PC| hourly rate for each of the PC] Personnel assigned to perform such unpaid Services in connection with the undelivered Deliverables that were to be provided or the tasks to be performed under Exhibit A. in the event of such early termination, the City and PC] shall negotiate an equitable additional payment to 130, which shall take into account PC|'scost of termination of third-party software licenses, and for leases of equipment and real property, entered into for and on behalf of the City in connection with this Agreement. The City shall also return any m*tainageo of the Fees for services in connection with previously delivered Deliverables nr completed milestones and P[| shall be entitled to retain any software license fees paid the City . In the case of any such xnftwana license fees being retained by PC|, the City shall continue to enjoy the right to use the software; provided, however, that PC| oho|| not be obligated to maintain or support the software. If within sixty (60) days fo||ovvim8 the Termination Date, the parties have not agreed upon the amount of Services rendered as of the Termination Date or the amount of such additional payments, the issue will be treated wsa dispute under this Agreement. Upon termination, PO will provide the City with working documents, notes, and data assembled prior to PC|'s receipt of notice, and the City will pay pC/ for professional services completed prior to said notice. P[| will refund software license fees that have been paid to date by the City, provided that termination |s for cause. 18 PCTlineuoe Agreement for myRevenucCollector Corpus Christi 22.1 Disentanglement In connection with any expiration or termination of the Tenn of this Agreement or of the provision of any of the Services provided hereunder, PC/ shall take all actions necessary to accomplish a complete and timely transition from PC| to the City, or to any replacement providers (collectively, the "New Consultant" or "NC") designated by the City, of the Services being terminated (a "Disentanglement"), without material impact on the Services or any other Services provided by third parties. PC| shall cooperate with the City and the N[ and otherwise take all steps reasonably required to assist the City in effecting a complete and timely Disentanglement. PC| shall provide the City and the NC with all information regarding the Services or as is otherwise needed for Disentanglement, subject to NC agreeing to maintain the confidentiality of PC| confidential information. PC| shall provide for the prompt and orderly conclusion of all work, as the City may direct, including completion or partial completion of projects, Documentation of work in process, and other measures to eoxune an orderly transition to the City or the City's NC. PC| shall provide any additional Disentanglement Services as City reasonably requests for period of up no one (1) year, on a time and materials basis, atthe then current PC| hourly rate for each PU Person that is reasonably required to perform such Disentanglement Services as requested byCity. 13. SURVIVAL The terms of Section 8, Indemnification, Section 12 Software License, Section 17, Protection and Security of Confidential Data, and Section 27, General shall survive the termination of this Agreement. 14. INSURANCE P[| shall procure and maintain, during the performance of this Agreement, Comprehensive General Liability insurance and Worker's Compensation and Disability coverage for PC|emmp|nyeem where services are to be performed, and such other insurance coverage insuring against loss o/damages to the City's property and/or personnel caused by PC| activities. PClsha|| not commence work under this Agreement until PO has obtained all insurance required under this Paragraph and the City has approved such insurance, nor shall PC| allow any subcontractor to commence vvurh on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The City will be named on all liability policies as "Additional Named Insured" for the proposed vvu/k. All liability policies will be written in an "occurrence" form unless otherwise specifically approved by the City. 14.1 Womker"s Compensation Insurance and Insurance PC| shall take out and maintain during the life of this Agreement the applicable statutory Workers' Compensation Insurance with an insurance company authorized to write such insurance in all states covering all its employees, and in the case of any work sublet, PC] shall require its subcontractors similarly to provide statutory Workers' Compensation Insurance for the |at1er's employees. PC| shall take out and maintain during the life of this Agreement, Employer's Liability insurance with a limit of $1,000,000 per accident/injury by an insurance company authorized to write such insurance in all states where PO will have employees located in the performance of this Agreement and 9C| shall require each of its subcontractors similarly to maintain Employer's Liability Insurance on its employees. 19 PCIGcense Agreement for myRevenueCollector C01pus Christi 14.2 Public Liability insurance 14.2.1 PC| shall maintain during the life of this Agreement such Public UabUhv insurance as shall protect it against claims for damages resulting from bodily injury, including wrongful death, and property damage, which may arise from operations under this Agreement whether such operations be by itself or by any subcontractor or anyone directly or indirectly employed by either of them. The minimum acceptable limits of liability to be provided bv such Public Liability insurance shall beamfollows: a. Bodily Injury Limits: $1'OOO/]OO Each Person S2,8O[\OOD Each Occurrence b. Property Damage Limits: $S08J]U0 Each Occurrence $1,000,000 Aggregate 14.2.2 The Public Liability insurance required by the preceding Sub-paragraph 142.1 shall include the following extensions of coverage: the coverage shall be provided under a Commercial General Liability form of policy or similar thereto. 14.3 Insurance P[| shall require each of its subcontractors to take out and maintain during the life of its subcontract the same insurance coverage required of P[| under Sub-paragraphs 14.1 and 14.2, including the extensions of coverage required under Sub-paragraph 14.2. Each subcontractor shall furnish to PO two (2) copies of Certificate of Insurance and such Certificate shall contain the same information required in Sub-paragraph 14.4. PC| shall furnish one (I) copy of the Certificate tothe City . 14.4 Certificate mfinsurance PCI shall furnish the City with a copy of Certificate of insurance evidencing policies required in Sub- paragraphs 14.1, 14.2, and 14.3. Such Certificate of Insurance shall specifically indicate that the Public Liability Insurance includes all extensions of coverage required in Sub- paragraph 14.2.2. Such Certificate of insurance shall specifically State that the insurance company or C0nlpaniGS issuing such insurance policies shall endeavor to 0k/e the City at least thirty (]O) days written notice in the event of cancellation of, or material change |n, any of the policies. If coverage on said Certificate(s) is shown to expire prior to completion of all terms nf this Agreement, PC| shall furnish a Certificate of Insurance evidencing renewal uf such coverage to the City. 14.5 Insurance Company and Agent All insurance policies herein required ofPC| shall be written by a company duty authorized by Federal or State law and licensed to do business in the State of and 6e executed bv some agent thereof duly licensed asan agent |n said state. 20 PClLiceuoe Agreement for myRevenueCollector Corpus Christi 25 PROTECTION AND SECURITY Of CONFIDENTIAL INFORMATION 15.1 Responsibility of Each Party Each party shall: (a) Maintain the confidentiality ofthe Confidential information of the other party subject to compliance with Texas Public Information Act; (b) take steps to minimize the dissemination or copying of the Confidential information of the other party except to the extent necessary and appropriate to perform its obligations under this Agreement; (c) use the same mare to prevent disclosure of the Confidential Information of the other party to third parties as it employs to avoid d|odoouna, publication, or dissemination of its own information of a similar nature, but in no event less than a reasonable standard of care; (d) use the Confidential information of the other party solely for the purpose of performing its obligations under this Agreement; (e) not acquire any express or implied right or license under any patent, copyright, trade secret, or other right or assert any lien against Confidential Information of the other party; (f) promptly return, or provide a copy of, as the requesting party directs, Confidential Information upon the request of the other party (provided that PC| may retain such Confidential Information as it requires in order to perform the Services for so long as it is required to perform such 5en/ices);and /A\ use CO[DUl8rCia||y [e@S0OaN8 efforts to iNf0[00 its employees, agents, and subcontractors who perform duties with respect to this Agreement about these restrictions. 25.2 Disclosure of Confidential information Each party may dbdoma Confidential Information of the other party to its employees, agents, and subcontractors who have: U\ a need to know such Confidential Information in order to perform their duties; and UU o |eQo| duty to protect the Confidential Information. A party receiving Confidential information of the other party assumes @mU responsibility for the acts or omissions of its subcontractors and employees with respect to such Confidential Information. Notwithstanding the foregoing, in no event shall PC| disclose or otherwise reveal any portion of the City's Confidential Information to any Affiliate of P[| without the City's prior written consent. 15.3 General Security PC| shall follow all security practices, policies and procedures set forth by the City and will make every effort to ensure the security of the City's network, systems, and software while performing the contracted services and work identified in this Agreement. The connection of any electronic device and/or equipment (including,^ but not limited *o, computers, personal digital assistants ("PDA's"), "B|ackBern/ devices, smart phones, cellular phones, routers, and switches) to any device on the Oh/s network infrastructure is prohibited without prior authorization and must be (where applicable) scanned for viruses, malicious rode, worms, etc. by the All PC| personnel working on-site for any period of time that require the use of their uxvn personal electronic devices shall have the latest operating system security updates and a generally accepted anti-virus software installed (where applicable) with the latest updates and virus definitions on these devices. The use of any software (e.� password decoders, network sniffers, ports or security scanners) is prohibited without prior authorization by the City. 21 PCl[iceose Agreement for myRevenueCol lector Corpus Christi The use of any software (e.g., password decoders, network sniffers, ports ur security scanners) is prohibited without prior authorization by the City. ACkv issued user-id and password is required forPCyy employee requiring access 1othe City's network and systems. ACitv issued building access card is required for PC's employees tn access City office spaces. Under no circumstances shall City user-ids and passwords be revealed, released, or otherwise disseminated to anyone other than those 10 whom they one assigned. Under no circumstances shall City building access cards be shared or otherwise disseminated tu anyone other than those to whom they are assigned. PO will be required to sign the City's security and access policies. 15.4 Clients System Data PC/ agrees to protect the confidentiality of the information maintained by the City and further warrants that any PO staff assigned to the Project will nut beyond that necessary for this Agreement, release, disseminate, copy or otherwise utilize, for any purpose, any other information of the City without the Oh/s prior written authorization, 22 P[|iicCuau Agreement for myRevenueC n}lcutoz Corpus Christi 16. ASSIGNMENT Neither party shall assign or transfer this Agreement nor any rights or obligations hereunder. 17. NOTICES All notices given between parties shall be in writing and shall be considered properly sent by postage prepaid United States Mail or Country of Origin Mail to the persons identified below: For: PC|, LLC. Alastair Main, President 4893VV Waters Ave, Suite E Tampa, Florida 33634 For: City Director of Municipal Information Systema City of Corpus Christi, 1201 Leopard St Corpus Christi, TX 78401-2825 23 Additional Information: Telephone: (813) 085-7974 E-mail: Fax: (813) 882-4577 Additional information: Telephone: (361) 8Z6-Z489 Fax: E-mail: PCI License Agreement for myRevenueCollector Corpus Christi 18. DISPUTE RESOLUTION 18.1 Left blank. 18.2 Project Managers Rmsm6ubkmn in the event of any dispute or disagreement between the parties which does not require immediate legal relief, whether with respect to the interpretation of any provision of the Agreement, or with respect to the performance of either party hereto each of the parties will have their respective Project Managers meet for the purpose of endeavoring to resolve such dispute or negotiate for an adjustment to such provision. If a resolution to such dispute does not occur during such meeting nr within five (5) business days thereafter, the parties agree to elevate the dispute to a meeting of the Project Steering Committee. If a resolution 1n such dispute does not occur during such meeting or within five (5) business days thereafter, the parties agree to elevate the dispute to the Vice President level ofP[|and the Director level of the City. . 18.3 No Termination mr Suspension oYServices Notwithstanding anything to the contrary contained herein, and even if any problem ur other dispute arises between the parties and regardless of whether or not it requires at any time the use of the dispute resolution procedures described above in no event nor for any reason shall PCV interrupt or suspend or terminate the provision of Services to the City or perform any action that prevents, impedes, or reduces in any way the provision of Services or the City's ability to conduct its activities, unless: (i) authority to do so is granted by the City or conferred by a court of competent jurisdiction; or (ii) the Tenn of this Agreement has been terminated and P[| has performed its obligations with respect to a Disentanglement; or (iii)ur the City has failed Lo 9ayP[| undisputed invoices that are past due in excess of sixty /60\ days after receiving notice from PC| of such delinquency, in the event that the City fails to make Such full payment within Said 60-day period, PC| shall grant to the City an additional thirty /30\ days to render full payment provided that the Qty requests such additional thirty 24 pCI[iceaSe Agreement for myRevenueCollector Corpus Christi 19. FORCE MAJEURE Neither party shall be deemed to be in default of any provision of this Agreement or be liable for any delay, failure in performance, or interruption of service resulting from act of war, act of God, act of civil or military authority, civil disturbance, or any other cause beyond its reasonable control, 20. INDEPENDENT CONTRACTOR PO shall at all times ad as an independent contractor in the performance of this Agreement. Neither PC| nor its employees or agents shall represent themselves to be or be deemed to be employees of the City, 31. SOLICITATION OF EMPLOYEES PROHIBITED Unless the other party consents, neither party will solicit, entice, hire, or otherwise interfere with the employment relationship of the other as a result of work under this Agreement for a period of six (6) months after final payment for acceptance of the System. Advertising in publications of general circulation or advertising or solicitation through other public media shall not constitute such prohibited solicitation. 22 PRIME VENDOR RESPONSIBILITIES PC| may provide third party software and hardware, which they are authorized to offer, provided it meets the terms of this Agreement. P[| shall act as the prime vendor for any software or hardware provided by other suppliers, and shall assume full responsibility for the procurement, warranty, maintenance, and support nfsuch items. Any such third party software and/or hardware shall be deemed part of the System. In such case, PO shall be considered the on|e point of contact with regard to all stipulations, including payment of all charges and the meeting of all terms of this Agreement. 23. NON-APPROPRIATION it is understood and agreed between the parties that the City shall be bound hereunder only tu the extent that the funds are appropriated and budgeted for the purpose of this Agreement. In the event no funds or insufficient funds are appropriated and budgeted in any fiscal year for payments due under this Agreement, the City will immediately notify PC| of such occurrence and this Agreement will terminate on the last day of the fiscal period for vvh|oh appropriations were received. 25 PCI License Agreement for myRevenueCollector Corpus Christi 24 GENERAL 24.1 Applicable Low and Venue This Agreement is made in and shall be governed bv the laws of the State of Texas. In the event of litigation, venue shall be in the Circuit Court of the Cby. This provision shall not he construed to prevent a party from instituting and a party is authorized to institute formal proceedings to avoid the expiration nf any applicable limitation periods. 24.2 Severability If any provisions of this Agreement are held to be unenforceable, this Agreement shall be construed without such provisions. 24.3 N/akmY The failure byaparty to exercise any right hereunder shall not operate aso waiver ofsuch party's right to exercise such right or any other right in the future. 244 Changes This Agreement may be amended only by a written document executed by a duly authorized representative of each of the parties. 24.5 Taxes PC| stipulates any taxes, whether specifically identified in this Agreement or not which are imposed currently or in the future, by any authority with the power of taxation in connection with the sale of licensed software, hardware, services and/or maintenance shall be paid by the City. The City represents it is exempt from federal excise and local taxes and shall provide certificates ofexemption 10PC| upon request. 25. DEFINITIONS "Acceptance" ohmU have the meaning described in Section 6 of this Agreement. Acceptance may be further defined as "Conditional Acceptance," "System Acceptance," or "Software Component Acceptance" osiy further described in Section 8. "Annual Review" shall have the meaning described in Section 1.4.2 "Change" means a change to the scope of the Services. "Change Order" means o document describing potential or actual changes to the scope of the Services, as further defined in Section 2 of this Agreement. "City Project Manager" means the representative of the City desi8natedto oversee the provision ofthe Services by PCI on a day-to-day basis. "Deliverables" means the items identified as "Deliverables" or a "Deliverable Material'. 26 PCI License Agreement for myRevenueCollector Corpus Christi "Design Document" means o document detailing the changes to be implemented into the "Documentation" means publications relating to the System, such as reference, user, installation, system administrator, and technical guides. "Fees" means the fees payable by the City to PU hereunder in consideration ofPCys provision ofthe "Features Release" means a major release of Software containing significant product enhancements and improvements including Fixes Releases since the last Features Release, "Fixes Release" means a minor naksams of Software containing primarily error corrections. A Fixes Release may also contain limited improvements that do not affect the overall structure of the Software. "Go-Live Date" means the date on which e Software Component or the entire System, as the case may be, have entered Productive Use "Initial Warranty" means the initial period of time during which PCI warrants the System and Deliverables, as is further described in Section 11. "Live Testing" shall have the meaning described in section 6. "Maintenance and Support" means various services provided by PC|to the City in support of the [bvs on-going use of the System. "PC| Personnel" means the PC| Project W1anager, the Key Personnel, and all employees ufPC[and all employees of subcontractors of P[[ who are providing the Services at any time during course of this Agreement. An individual within such description is a "PC] Person." PC| shall make available the number of P[| Personnel necessary Co properly perform PCyy obligations under this Agreement. At any time, upon the request of the City, PC| shall provide the City with a list of all persons who at such time are PO Personnel, which list shall include the positions occupied by each such person. "PC| Project Manager" means the PC| Person designated to manage the n of the "Prodmcts" means, collectively, the Hardware, Software, and Third Party Software provided by PCI and required for implementation of the System. "Productive Use" means use of the System to run the business of the City. "Project" means the Services and Products to successfully implement the System in accordance with the Project Plan. WA pC%Lkeose Agreement for myRevenucCollector Corpus Christi "Reimbursable Expenses" are reasonable travel, lodging, and meal costs incurred by PC I. The following points describe Reimbursable Expenses and limitations thereon in more detail: m Airfare will be based on the lowest coach fare available for the date and time of travel, including change fees if necessary, provided that such airline travel schedule does not create undue inconvenience to PC| personnel travel schedules, i.e. weekend travel, etc., or extended layovers. Defining such "inconvenience" for the purposes of expense reimbursement shall rely on the reasonable, mutual agreement of the parties. 0 Travel by vehicle based nn the rate set forth in the City Travel Policy. 0 Rental car will be based on the lowest rate available, at the arriving airport, for a vehicle that meets the needs of the person(s) traveling, including fuel. in most cases, a mid-size or smaller car will be used. However, a larger vehicle may be required bayed on the number of people traveling and the equipment that |s being carried. w Lodging will be based on the best available rate for a hotel which provides appropriate facilities for the person(s) traveling to perform any necessary business related tasks and is readily accessible to the project's location. 0 K8ea|4 i.e. breakfast, lunch and dinner, will be based on nurmo||v acceptable costs for residents uf the City and it will exclude alcohol. a Reasonable parking fees for parking while at the City. 0 Reasonable parking fees for parking at the departure airport or transportation fees for travel tn the departure airport. "Services" means the installation, implementation, integration, configuration, and other services with respect to the System that PC| is engaged to perform pursuant to this Agreement "Software" means the licensed p^o8marny myRevenueCo|lector /Revenue Collection System or RCS) identified |n this Agreement. "Software Component" means a portion of System which will be tested and accepted in accordance with the procedures described in Section 6 of this Agreement "Source Code" means the human-readable program instructions in their original form, for the "System Acceptance" shall have the meaning described by Section 6.4 'System" means the myKevenueColector ("Revenue Collection System" or "RCS") System described in the Documentation. The System includes the Software, Third-Party Software, modifications, configurations, and any custom programming as well as all revisions and customizations to any orall of the above software which may be required to implement the system. "Warranty Extension" means an extension of the Initial Warranty Period. The City will be considered to have a Warranty Extension as long as it receives Maintenance and Support from PCI. "Work Product" shall have the meaning described in Section 9.1 P[Iiiceosc Agreement for myRevenueCol lector Corpus Christi WHEREFORE, the parties hereto execute this Agreement by their duly authorized representative or officer. City of Corpus Christi PCII LLC By: By: Title: Title: Date: IQ President IT r'1�ik rh El j cz O to V i.r W 0 L 1.1. uQ M LL 1.`i z C'`1 1 r r` 1 M 7 cl) J J � 50 _ a V E N L3 0} U_ t01 CD c� z Ca C, c c O C7 C� ci C) 0) a, CD ca r? m a � C cy N i \ L O M u9 a) M W Li CCD 0 0 w c r z r ui C Q (n - Z Q 0= UJ W ul A Lu iYa W �- U) 6q N c to V U_ LM w (A U) z Q CC C cl w 0 ZZ a u, m _Y � LL 0 z O M u9 { N W Li OC) C] 0 0 � c �S z r ui NEI co E U7 tts zn CO U MOW O D tU _ LL 0 c t7 RS O Z -3 •E o A Q) LL! 2 Of U Cam? E c u LL O (n u� C) 0) G . _ H'} I'll � L Q C�3 m ',m Z LLI W co U? z Q (4 C cl w 0 ZZ a u, m _Y c to c6 c � i7 0 z O M w J { N W Li OC) C] -� N cm � c c z 0 co E U7 tts zn CO U MOW O D tU _ LL 0 c t7 RS O Z -3 •E o A Q) LL! 2 Of U Cam? E c u LL O (n u� C) 0) G . _ H'} I'll � L Q C�3 m ',m Z LLI W co U? h r �r i 1 a- G E C3 � C� O 4�3 LO CL �U ClC3 r, CL ;t-_ CI! � tlJ � Q3 � (ll U3 C LU LU zQ f3 w {0? p Cti C LCD m F _ 0 (6 0)0 z 0) 0) " CL -M � �:- _C, to W n Lug o ® M(D Lu aD Q x E � ®0 E(D_ CL �' ° M Z Oi v U. Z 2 ci cn z Q cl w 0 d 40 a LU U) :c U. z O M w J Q Q UJ as 0 CO W : r ui Q (n - Z Q 0= UJ W ul A Lu iYa W D J 0 > N c CSR ca V U_ LM ( w 0 W h r �r i 1 a- G E C3 � C� O 4�3 LO CL �U ClC3 r, CL ;t-_ CI! � tlJ � Q3 � (ll U3 C LU LU zQ f3 w {0? p Cti C LCD m F _ 0 (6 0)0 z 0) 0) " CL -M � �:- _C, to W n Lug o ® M(D Lu aD Q x E � ®0 E(D_ CL �' ° M Z Oi v U. Z 2 ci cn PCI License Agreement for myRevenucCollector Corpus Christi Exhibit B - Recommended Cashiering Hardware and Pricing Options City of Corpus Christi Standard Cashiering Investment Schedule ly� e MagTek Magnetic Stripe Reader: ■ USB 2.0 Interface • Off White or Black Epson TM-H6000IVwith Validation ■ USB 2.0 Interface ■ With MICR ■ Off White or Charcoal Canon CR-50 Check Scanner: • USB 2.0 • 50 checks\minute • 100 images\minute • OCR reader $ 110.00 each $ 795.00 Each $ 695.00 Each Epson EP-127 Cash Drawer $ 329.00 Each • Epson Interface • Incl, Insert Tray 0 Lockable Lid • Under Counter Bracket • Off White or Black Included $ 0.00 Total Hardware $ 19,290.00 Reimburse Freight Charges Freight invoiced at actual cost. $TBD 31 PClLicenmu Agreement for myRevenueCollector Corpus Clu-isti Hardware Notes: 1. Hardware is quoted in a fashion that identifies complete herdvvona workstations for all users. Of Courae, hardware will be purchased to reflect the actual needs of the workstations as ultimately configured. 2. Proposed hardware is covered with m one-year poda and labor warranty serviced by nmai|, um|nse atedmd otherwise. Extended vvarnonb/ and hardware maintenance pricing options can be submitted separately. Check Imaging: PC| currently supports check imaging via the use of the PC|myRovenueCo| lector Check Imaging Module which is included in the Standard Cashiering Investment Schedule and uses the Canon CR- 5O desktop check scanner with m cost of$895.O0 per unit. Check 21 (optional or future add|t|mn): Cheok21 which will perform all of the standard imaging functions and also create oo|CL (Image Cash Letter) file creation, In simplest terms, it creates a folder at the end of a cashiering cycle that the Jurisdiction picks up (electronically of course) and forwards to the bank (also electronically) thus reducing the Jurisdiction's need to manually prepare a deposit slip for checks received. For more information on the benefits ofCheuk21 please visit this site: Th*n*|aaohnrgeoauoC|atgdvvdhCheok21—$15,QOOeofhmone|icensahee(onaUme)andan ongoing $3.O00 annual maintenance fee. Oheck21 requires the use ofo Canon CR-5O desktop check scanner with e cost mf $895.O0 per unit. Payment Terms: This estimate is valid for 90 days. 10096 upon receipt of the hardware order by the City. Delivery Schedule: PC| and Client will agree on a mutually acceptable project schedule. Return Policy: Should a product outlined above be defective in performance and inoperable, Jurisdiction will receive full refund mf amount paid for such product provided written notice has been given toPC|nOlater than thirty (30) days after delivery and that a solution cannot be provided within fifteen (15) business days after certified receipt ofsuch notice. Returns for reasons other than product defects aheU be subject tnm1596 restocking fee. 32 9C/License Agreement for myRevenue Collector Corpus Christi Exhibit C - Maintenance and Support Services Terms Terms used in this Agreement will have the meanings given below: A) "Documentation" means the documentation provided by PCI for the Software pursuant to the License Agreement, and includes Exhibit E to the License Agreement. B) "Enhancements" means changes m additions to the Software which POdevelops and makes available at no additional charge to all licensees of the Software who are under then-current maintenance agreements. C) "Software incident" means a material deviation of the Software from the Documentation. D) "License Agreement' means the license agreements specified in the License Agreement pursuant to which PCI licensed the Software to the City. E) "Maintenance and Support Perod"means the initial term of this Agreement or any subsequent renewal period. The initial term and each renewal period is separate Maintenance Period. The initial Maintenance Period |n specified [n the Main Contract. Each renewal Maintenance Period, if any, will bea period nf twelve (12)months. F1 "Snftvvare° means the software specified in the Main Contract. System Service Level Agreement SLA) The myRevenueSystem shall be fully operational and available for use by the City users ninety-nine and nine-tenths 2y9g%\of the time. The following identifies the nlyRevenueSyntem response time Add and Update Performance Criteria standards that will be maintained. 4j The system shall perform in a three (3) second or less response time, on add or update of a single data record, ninety percent (90%) of the time or better. B) Search Performance Criteria The System shaU' within five (5) seconds or less response time, onunique key search items such as account number or real estate PIN, ninety percent (90%) of the time or better. Maintenance and Support A) PCI Standard Maintenance and Support Services provide the City with new functional or technical enhancements to the then current installed version of the myRevenueSystern and the then current moyReven nnusero. B) PCI Standard Maintenance and Support Services provide the City with access to the PCI help desk as outlined in the following points: e. The PCI support services are provided as a remote service to the City from our PCI 33 PCI License Agreement for jnyRevenueCollector Corpus Christi b. The PCI help desk is available Monday through Friday, excluding PCI observed holidays, from 7:3Uom EST to7:00pm EST, with ongoing support via cell phone until Q:00pnm c The PCI support services can be accessed using any of the following methods of communication: i Toll-free telephone support at866.328.OS84. U. EmaUsupportatsuppnrt@pduxa.com iii. Customer support web access mthtUo://suppor . iuoa.uornmJngbogin credentials provided bvPC|to the City. C> PCI Standard Maintenance and Support Services provide the City with: a. Software incident corrections to the Software. b. Software releases periodically to address technical and functional compatibility with system software and changes to business practices. Documentation updates are provided as part of each release. Additional Software incident corrections will be included in releases, as dictated by testing requirements and the magnitude of the required change. c. Enhancements to the then current installed version of the myRevenueSystem and the then current installed myRevenueSystem optional modules may be provided in new releases of the myRevenueSystem, solution and the myRevenueSystern optional modules. 9 VA PCI License Agreement for myRevenueCollector Corpus Christi D) All issues and software incidents will be prioritized according to the following schedule: Severity • Defined as a very minor problem or question that does not affect the application's function, e.g. the text of a message is worded poorly or misspelled. • Response time to acknowledge issue no more than 8 business hours after 4 — Minor notice from the City. • Provide resolution within next two releases, includes major releases, minor releases and patches, of the software and not more than 120 business days after notice from the City, unless otherwise agreed in writing between PCI and the City. • Defined as minor problem that exists with the application but the majority of the functions are still usable and some circumvention may be required to provide service, e.g. an infrequently used subcommand gives an incorrect response. 3 — Standard • Response time to acknowledge issue no more than 8 business hours after notice from the City. • Provide resolution within next release, includes major releases, minor releases and patches, of the software and not more than 60 business days after notice from the City, unless otherwise agreed in writing between PCI and the City. • Defined as an urgent software system component that has significant outages and/or failure precluding its successful operation, and possibly endangering the City's environment. • The application may operate but is several restricted, e.g. a frequently used user exit gives an incorrect response. • Response time to acknowledge issue no more than 4 business hours after notice from the City. ' 2 — Priority • Resolution without software fix required within 5 business days after notice from the City, unless otherwise agreed in writing between PCI and the City. • Resolution with software fix required within 15 business days after notice from the City unless otherwise agreed in writing between PCI and the City. • Provision of a non-software fix does not relieve PCI of obligation to provide a software fix. • Defined as a critical situation, when the City's production system is down and the agency is unable to use the application. • Response time to acknowledge issue within 2 business hours after notice from the City. I — Critical • Reproduce and document software defect to development within 4 business hours after notice from the City. • Resolution without software fix required within I business day after notice from the City, unless otherwise agreed in writing between PCI and the City. 1XI PCIljoense Agreement for myRevenueCollector Corpus Christi P(I solutions m on party software applications, i.e. operating database engines, integration correctly. Therefore, should one of the 3 d party software components be party software components be part nr all of the cause ofthe reported issue, the 5 buaioomo deva turn around will no longer be in effect. In these situations, PClwill: • Work closely with all P party vendors to remedy the situation ju 4 timely manner. • Work with the City to agree the steps necessary to remedy the situation when 3 '" party vendors are involved. Provision ofonon-software fix does not relieve PCI of obligation tV provide u software fix. E\ TheFCI help desk will investigate and correct suspect issues and software incidents at the PO offices. During the course of investigating and correcting the suspected issues or software incidents, the PC| help desk will use the following escalation procedures with all issues and software incidents: a. Any incident that cannot be resolved within DPC| help desk business hours from the date and time of initial receipt of the incident will be escalated to the second line support team. PC| help desk business hours are defined in Maintenance and Support section B.b b. Any incident that cannot be resolved by the second line support team within 16 PO help desk business hours from the date and time of receiving the issue or software incident from the first line support team will be escalated to the PCI development team, c. Any incident that cannot be resolved by the development team within 8 PC| help desk business hours from the date and time of receiving the issue or software incident from the second line support team will be escalated to PCI's senior management for analysis and determination of resolution. d. If within 48 PCI help desk business hours of mutually determining between PCI and the City that all available remote support methods are unable to assist in resolving the issue or software incident, PC|, at the City's request, will send a support technician nnoke to assist in resolving the reported issue orsoftware incident. All costs, excluding reaso , nable travel and other out-of-pocket expenses, for the support technician are included in the annual software and support agreement cost. All reasonable travel and out-of-pocket expenses will be billed directly to the City. F) The City will be charged onan hourly rate atPCYs then-current howdvratesforaoybsueor software incident that is attributable to a cause other than the Software as delivered by PCI. G) If the Software module containing the issue or software incident has been modified by non-PCI personnel, the City will be charged on a time-and-materials basis at PCI's then-current hourly rates for analyzing and fixing the software incident in the City's version, and for any installation assistance the City of Fairfax requires. 111101 PO License Agreement for myRevenueCollector Corpus Christi Hd The maintenance and support period will automatically renew at the expiration of the previous maintenance and support period. PC| will issue the annual maintenance and support renewal invoice at least thirty (30) calendar days from the expiration mf the then-current maintenance and support period. |\ Annual maintenance and support is available to the City if (i) the City has paid the maintenance and support fee for all prior Maintenance and Support periods; and (ii) the City incorporates in the Software all releases, corrections, and Enhancements to the Software that PCI has made available to the City, no less than two minor software releases prior to current release. 8 All Enhancements and corrections to the Software and Documentation provided by PCI pursuant to this Agreement will become a part of the Software and Documentation for the purposes of the License Agreement at the time they are provided to the City and are hereby licensed to the City as part of the Software and Documentation pursuant to all of the terms and conditions of the License Agreement. Payment Terms A0 The City will pay the maintenance fees for the initial Maintenance and Support Period. PC|miU provide the City with an invoice for the maintenance and support fees for each subsequent Maintenance and Support Period at least thirty (30) calendar days prior to the expiration of the then-current Maintenance and Support Period. PO will not be obligated tuprovide maintenance and support services in any maintenance and Support Period (including the initial maintenance and Support Period) unless the maintenance and support fees for the Maintenance and Support Period have been paid lnfull. B) All fees and expenses are tmbe paid toPC|in United States Dollars, by wire transfer nf funds tn an account designated by PCI or by check sent to PCI at 4893 W. Waters Avenue, Suite E, Tampa, FL 33.634. PCI's invoices are due and payable in full within thirty (30) calendar days from the date the City receives a proper invoice. |f the City does not pay an invoice within thirty /30\ calendar days after receipt, PCI may add an interest charge of one percent (1%) per month, if invoice is not in dispute, this interest will begin to accrue nn the thirty-first /Il't\ day after the non- disputed invoices on a daily basis until paid in full. Limitation of Liability 4] If the City should become entitled to claim damages from PCI (including without limitation, for breach uf contract, breach nf warranty, negligence orothertortdaimiPC|vvU|be|kab|eonk/for the amount of the City's actual direct damages, not to exceed (in the aggregate for all claims) the amounts paid by the City to PO for the Maintenance and Support Period with respect to which the claims arise. |tis the maximum liability for which PC| and its licensors are collectively B) In no event will PCI or any person or entity involved in the creation, manufacture or distribution of any Software, services or other materials provided under this Agreement be liable for: (1) any damages caused by the failure of the City or its affiliates or suppliers to perform their 37 PCI License Agreement for myRevenueCollector Corpus Clu-istj respnmUbiUties;or i20 any consequential, special, incidental, indirect, exemplary or punitive damages, even ifPC| has been advised of the possibility nf such damages. C> The foregoing limitations do not apply to the payment of settlements, costs, damages and legal fees. The limitations of liability set forth in this Section will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth |n this Agreement. The parties agree that the foregoing limitations will not be deemed to limit any liability to an extent that would not be permitted under applicable law, D) The foregoing limitations apply to this Annual Maintenance and Support Agreement. Law and Disputes Both PCI and the City agree to comply fully with all relevant export laws and regulations of the United States to ensure that no information or technical data provided pursuant to this Agreement is exported or re-exported directly or indirection |n violation oflaw. General AJ The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. |n addition, ifany provision of this Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible in accordance with applicable law, preserves the original intentions and economic positions of the parties. B) No failure or delay by either party in exercising any right, power or remedy will operate as a waiver of such right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving party. |f either party waives any right, power or remedy, such waiver will not waive any successive or other right, power or remedy the party may have under this Agreement. 38 ti Q) �o tto Lr � Ln 0 0 C4 fN N Ln r4 cl' C) C) 2 00 C) 00 C:L 0 N x a (14 Lu a) r4 (A 0 -j 00 44 0 Zn 00 (zf 0 w (A QO 0 tA LA (A C2 Ln rl cS 0 o L _Ile 0 iy 0 0 ey 0 0 0 E 0 E 0 E 0 E 0 E 0 E �: m 3: ro 3: m 3: m �: m 3: m QJ w QJ L a) - LL W 4) u- m m m F- m M m I-- LU rA U- Z CL uj U- Z a- LU U- Z LU V- Z W U- Z CL UJ r-I U- Z 0- F- , W ui N uj r,4 U LU N LU C14 Ll Ln OV-) EAL LQA- rn va-, "i m Lon Lan 00 E 0 0 0 �o 4- u fl. N (A CL m cr ro CL _0 C4 0 x r- x r, VI r (A C: m 730 -0 0 0 0 0 o f o 4A 0 m M 00 -0 00 CO CDP 0 LO LA ° N cu E co ,, I'll Ql co _r_ a7 co w CO (v 4. E 0) o Elo C) C) 55 0 - r-I 0 ri 0 E in Ln I-q 0 0 - I M C - 0 w h > Lo C 0 m .Lp G 0 0 0 0 ca cl, co 00 W Lo co 0 E ot, 0 E T 7p 0 ko L 0 o aj Lo . 0 2 0 0 U u w -i 0 0 (U u 00 rn ro " a) Q) = 0) LO de a) W (U 0 Qj r_ a 0 . w 0 0 C: :r 0. u a: u (D In N V) V) 0 (U 0 w 0 w 0 w (U > to w > w > tn Qj > Ln 'a W � di W -0 -0 M CL CL U) (U VI W N tn W Ln W 0 0 L4 u L m w (V m ) m Y m t -C 0 0 0 c 0 c '44 0 Q) 4. 0 M CO m V , ro ;I- m CL c Z (U , a) CO u -0 Ln u a) CU u u = w I Co 0) r ro 0 tin 0 �(V > ul ai Q- > > W 4A 3: CL V) M Q) V) .tea < kA e j V, FAR • Y�t AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of April 9, 2013 Action Agenda Item for the City Council Meeting of April 23, 2013 DATE: April 19, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Fred Segundo, Director of Aviation freds@cctexas.com (361) 289 -0171 Valerie Gray, P. E., Director of Storm Water & Street Operations valerieg@cctexas.com (361) 826 -1875 RESOLUTION AUTHORIZING LANDSCAPE MAINTENANCE AGREEMENT SH 358 (South Padre Island Drive) /Flour Bluff Drive Intersection SH 358 (South Padre Island Drive) /SH44 Interchange AGENDA CAPTION: Resolution authorizing the City Manager, or designee, to execute a Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for landscape improvements within the project's scope of SH 358 (South Padre Island Drive) /Flour Bluff Drive Intersection and SH 358 (South Padre Island Drive) /SH 44 Interchange. PURPOSE: The purpose of this Agenda Item is to execute a Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for landscape improvements within the project's scope of SH 358 (South Padre Island Drive) /Flour Bluff Drive Intersection and SH 358 (South Padre Island Drive) /SH 44 Interchange. BACKGROUND AND FINDINGS: The proposed agreement addresses a landscaping project constructed by the Texas Department of Transportation (TxDOT) with Federal Green Ribbon Funds. TxDOT contacted the City of Corpus Christi to obtain an advance verbal commitment to maintain the landscaped areas if they completed the project initiative. Once TxDOT received City confirmation, they moved forward with the landscape improvement project. K: \ENGINEERING DATAEXC HANG E \VELMAP \TXDOT \E13001 LANDSCAPE MAINTENANCE AGREEMENT \AGENDA MEMO - LANDSCAPE MAINTENANCE AGREEMENT.DOCX The Corpus Christi International Airport agrees to take over maintenance of the landscaped areas near the airport (SH 358/SH 44 Interchange). The Flour Bluff Business Association has expressed an interest in taking the responsibility of maintenance of the landscaped area at the intersection of SH 358 and Flour Bluff Drive via an "Adopt a Spot" agreement between the City and a volunteer organization. If the Association does not accept the responsibility of maintenance, the Flour Bluff location will be maintained by the Storm Water Department. ALTERNATIVES: 1. Approve the Resolution for the Landscape Maintenance Agreement with TXDOT. 2. Do not approve the Resolution for the Landscape Maintenance Agreement with TXDOT. OTHER CONSIDERATIONS: This project is subject to Title 43 of the Texas Administrative Code, Part 1, Chapter 15, Sub - chapter E, Rule 15.55. CONFORMITY TO CITY POLICY: This Resolution conforms to the City's Charter. EMERGENCY /NON- EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Aviation Storm Water FINANCIAL IMPACT: Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $0.00 $0.00 Encumbered / Expended Amount This item $0.00 $0.00 BALANCE $0.00 $0.00 Fund(s): Not applicable Comments: Not applicable RECOMMENDATION: It is recommended to execute the Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for the project's scope of TXDOT's SH 358 (South Padre Island Drive) /Flour Bluff Drive Intersection and SH 358 (South Padre Island Drive) /SH 44 Interchange. K: \ENGINEERING DATAEXC HANG E \VELMAP \TXDOT \E13001 LANDSCAPE MAINTENANCE AGREEMENT \AGENDA MEMO - LANDSCAPE MAINTENANCE AGREEMENT.DOCX LIST OF SUPPORTING DOCUMENTS: Location Map Resolution K: \ENGINEERING DATAEXC HANG E \VELMAP \TXDOT \E13001 LANDSCAPE MAINTENANCE AGREEMENT \AGENDA MEMO - LANDSCAPE MAINTENANCE AGREEMENT.DOCX in LANDSCAPE MAINTENANCE AGREEMENT o! ThaeporleFbn Form 2043 (Rev. 04112) Page 1 of 3 THE STATE OF TEXAS THE COUNTY OF TRAVIS This AGREEMENT made this day of , 2012 , by and between the Texas Department of Transportation, hereinafter referred to as the "State," and the City of Corpus Christi Nueces County, Texas, acting by and through its duly authorized officers, hereinafter called the "City ". WITNESSETH WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control, and jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter into agreements with the State to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through its corporate limits; and WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter into agreements with cities to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through the corporate limits of such cities; and WHEREAS, the State and the City have entered into a Municipal Maintenance Agreement dated Aril 26 2012 , the provisions of which are incorporated herein by reference, and wherein the City has agreed to retain all functions and responsibilities for maintenance and operations which are not specifically described as the responsibility of the department; and WHEREAS, the State has existing and proposed landscape improvements, such as, but not limited to, the installation of tree, shrub, and turf plantings, irrigation systems, and other aesthetic elements for areas within the right of way of state highway routes within the City as shown on Attachment "A "; and WHEREAS, the State will provide such landscape improvements, provided that the City agrees to be responsible for all required maintenance of the landscape improvements. Form 2043 (Rev. 04/12) Page 2 of 3 AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, it is agreed as follows: Contract Period This Agreement becomes effective State, and shall remain in effect until provided. upon the date of final execution by the terminated or modified as hereinafter This agreement prescribes the responsibilities of the State and the City relating to the installation and maintenance of landscape elements on controlled access state highways, as defined in the Municipal Maintenance Agreement, and described and graphically shown as "State Maintained and Operated" in that agreement. The parties agree that this agreement may be amended, Such amendments, to be effective, must be in writing and signed by both parties. L-? : j: The State shall Install landscape elements including but not limited to trees, shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its employees or duly appointed agents. The City may Install landscape elements including but not limited to trees, shrubs, grasses, sidewalks, Irrigation systems, and hardscaps features through Its employees or duly- appointed agents. Any installations shall be performed in accordance with Texas Department of Transportation 910e01008tions and standards, and must be approved by the State In writing prior to any work being performed. " Form 2043 (Rev. 04112) Page 3 of 3 The City shall maintain all landscape elements within the limits of the right of way including all median and island areas but excluding paved areas intended for vehicular travel. Landscape maintenance shall include but not be limited to plant maintenance, plant replacement, mowing and trimming, hardscape element maintenance, and irrigation system operation and maintenance. All landscape elements must be maintained in a functional and aesthetically pleasing condition. TERMINATION It is understood and agreed between the parties hereto that should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon thirty days written notice. Additionally, this agreement may be terminated by mutual agreement and consent of both parties. Should the City terminate this agreement, as prescribed here above, the City shall, at the option of the State, reimburse any reasonable costs incurred by the State. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of —Corpus Christi on the day of , year , and the Texas Department of Transportation, on the day of ATTEST: CITY OF By (Title of Signing Official) Approv d as to Legal t Lino Veronica Ocanas Assistant City Attorney For City Attorney Attachments , year THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, and the established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. 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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a Landscape Maintenance Agreement with the Texas Department of Transportation (TXDOT) for landscape improvements within the project's scope of SH 358 (South Padre Island Drive) /Flour Bluff Drive Intersection and SH 358 (South Padre Island Drive) /SH 44 Interchange. ATTEST Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor Corpus Christi, Texas of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 029521 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life "; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; reaffirmed the Financial Policy in May 2005 by Resolution 026265; reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; amended the policy in July 2011 by Resolution 029128; and amended the policy in May 2012 by Resolution 029521. WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Polices adopted by Resolution 029521 are amended to read as follows K Section 1. Development / Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues Equal / Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. Committed General Fund Balance / Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund committed fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund committed fund balance which totals at least ten (10 %) percent and up to 25% of total annual General Fund appropriations, exclusive of any one -time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least 10% up to 25% of total annual General Fund appropriations will be Committed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this twenty -five (25 %) percent policy at least annually as part of the budget process. Uncommitted fund balance in excess of the ten percent policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the committed funds. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of at least three percent (3 %) of the annual Internal Service Fund appropriations, exclusive of any one -time appropriations. 3 This subsection only applies to the MIS Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; and Maintenance Services Internal Service Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run -out based upon the most recent actuarial study in the event the plan ceases or a change in the third party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five -year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five -year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each of the Enterprise Funds of at least twenty -five percent of the annual Enterprise Fund appropriations, exclusive of any one -time appropriations. This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2 %) of the annual debt service appropriation (s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148 -2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate C! necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 6. Funding Level from General Fund for Street Operations. City Council approved Resolution #029634 on September 18, 2012 to declare its intent to establish a street user fee for implementation in Fiscal Year 2013 -2014. Section 4 of this resolution expressed an intent to preserve the funding level of the Street Department at the percentage of the Street Fund's budget in Fiscal Year 2012 -2013 relative to the General Fund. Excluding a decrease in General Fund revenues, the percentage of the Street Fund's budget relative to the General Fund will neither go below that of Fiscal Year 2012 -2013 nor go below the dollar equivalent if General Fund revenues increase. That funding level equates to 5.24% of the General Fund revenue or $10,818,730, whichever is greater. Section 7. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 8. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service, and special revenue funds of the City. Section 9. Multi -year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and /or rate models for enterprise operations. Preparation of annual budget will include model for years two and three, with specific revenue and expenditure assumptions. Section 10. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. 61 Section 11. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section 12. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one -time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 13. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section14. Capital Improvement Plans /Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three -year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short -term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay -as- you -go capital funding where possible. Section 15. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." Section 16. Zero Based Budgeting type of process. To prepare the City's operating budget, the City shall utilize a Zero Based Budgeting type of process. The staff shall be accountable for utilizing a Zero Based Budgeting type of process comprehensively for all department budgets. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life "; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; reaffirmed the Financial Policy in May 2005 by Resolution 026265; reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; amended the policy in July 2011 by Resolution 029128; and amended the policy in May 2012 by Resolution 029521. WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Polices adopted by Resolution 029521 are amended to read as follows K Section 1. Development / Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues Equal / Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. Committed General Fund Balance / Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund committed fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund committed fund balance which totals at least ten (10 %) percent and up to 25% of total annual General Fund appropriations, exclusive of any one -time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least 10% up to 25% of total annual General Fund appropriations will be Committed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this twenty -five (25 %) percent policy at least annually as part of the budget process. Uncommitted fund balance in excess of the ten percent policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the committed funds. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of at least three percent (3 %) of the annual Internal Service Fund appropriations, exclusive of any one -time appropriations. 3 This subsection only applies to the MIS Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; and Maintenance Services Internal Service Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run -out based upon the most recent actuarial study in the event the plan ceases or a change in the third party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five -year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five -year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each of the Enterprise Funds of at least twenty -five percent of the annual Enterprise Fund appropriations, exclusive of any one -time appropriations. This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2 %) of the annual debt service appropriation (s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148 -2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate C! necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 7. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 8. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service, and special revenue funds of the City. Section 9. Multi -year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and /or rate models for enterprise operations. Preparation of annual budget will include model for years two and three, with specific revenue and expenditure assumptions. Section 10. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. 61 Section 11. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section 12. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one -time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 13. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section14. Capital Improvement Plans /Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three -year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short -term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay -as- you -go capital funding where possible. Section 15. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." Section 16. Zero Based Budgeting type of process. To prepare the City's operating budget, the City shall utilize a Zero Based Budgeting type of process. The staff shall be accountable for utilizing a Zero Based Budgeting type of process comprehensively for all department budgets. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor RESOLUTION Declaring intent to establish a street user fee for implementation in FY 2013 -2014; approving the design concepts for street user fee rates; and establishing policy relative to establishment of a street user fee. WHEREAS, City Council has created a Strategic Goal for a Street Improvement Plan which includes creating a dedicated funding source; and WHEREAS, on November 16, 2010 City Council passed Resolution No. 028862 creating a Street Maintenance Finance Ad Hoc Advisory Committee (Committee) to evaluate funding options for street repair and maintenance and to develop a street maintenance funding plan; and WHEREAS, the Committee proposed certain funding options and staff developed a street maintenance funding plan; and WHEREAS, City Council must approve a schedule of street user fees; and WHEREAS, various street user fee policies will affect the calculation of street user fee revenues and use rates; and WHEREAS, City staff seeks preliminary guidance on policies to develop a budget framework; design changes to the City's billing software ( °HTE°) system; and calculate the estimates of street user fee revenues and rates, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Actions will be taken during Fiscal Year 2013 to establish a street user fee and associated policies, with an effective date of August 1, 2013, SECTION 2. The street user fee revenues will be directed to the Special Revenue Streets Fund. SECTION 3. The street user fee will be a supplemental source of revenue to be dedicated solely to street maintenance. SECTION 4. Steps will be implemented to preserve the level of funding of the Street Department. Excluding a decrease in General Fund revenues, the Street Fund budget's_ percentage relative to the General Fund will neither go below that of Fiscal Year 20'13, nor below its equivalent if General Fund revenues increase. SECTION 5. Prior to street user fee implementation, staff will develop a street maintenance budget work plan. 091812 RESOLUTION stroet userfee 2012 FINAL 02.9634 Page 1 of 4 iANI'1cycn SECTION B. The City will investigate possibilities and benefits of other funding mechanisms as additional future sources of funding to reduce the revenue requirements and rate of the street user fee. SECTION 7. The basis of service measurement will be to use living area square footage as recorded by the Nueces County Appraisal District tax records and Trip Factors derived from trip generation rates published by the Institute of Traffic Engineers. SECTION S. Land use designations used to determine the appropriate Trip Factor to be applied will be based on the Texas Land Use Code classification as recorded by the Nueces County Appraisal District tax records. SECTION 9. The City Council finds it reasonable and equitable for the City to assume that each non - irrigation water meter in the service area serves a user of a benefitted property, Therefore, a street user fee will be charged to active non - irrigation water meters, SECTION 10. The rate design for street user fee charges will be based on the Equivalent Residential Unit (ERU) approach. SECTION 11. Land use designations will be consolidated into Trip Factor classifications which then will be applied against the ERU. Staff will explore options with regard to the number of classifications as well as their associated Trip Factors. SECTION 12. Residential accounts will be tiered based on living area square footage. SECTION 13. Staff primarily recommends Non - Residential accounts be capped at 5,000 square feet living area per active water meter. Staff will research alternate approaches, including exploration of a tiered system and/or alternate and escalating cap amounts and provide Council with additional recommendations. SECTION 14. For attached commercial, -attached housing, and mobile homes, the street user fee charge will be billed: (i) to the customer where individually metered; and (ii) to the property owner where master metered. SECTION 15. The following properties shall be exempt from the street user fee: A. City, county, state or federal property B. Independent school district property C. Non- metered property SECTION 16. A person may appeal a street user fee charge as it applies to active water meter status. SECTION 17. For any change to a street user fee charge related to a correction to living area square footage or to a Texas Land Use classification, no adjustment may be made effective until after the Nueces County Tax Appraisal District has updated its records 091812 RESOLUTION street user fee 2012 FINAL Page 2 of 4 and the updated records have been downloaded into the City's billing system. No adjustments will apply retroactively, SECTION 18. No credits will apply to street user fees or charges. SECTION 19. If a person falls to pay a street user fee charge when due, the City will take all necessary action and employ all remedies available at law to enforce payment and collect amounts due, which may include discontinuing utility service and/or placing a lien on the property. SI =CTION 20. Staff will recommend a rate model for Council's approval for implementation no later than the 4th quarter of this Fiscal Year. SECTION 21. Staff will revise its street cut policy and create a street cut ordinance for Council's consideration. SECTION 22. Staff will investigate options for residential street assessments and prepare an amendment to the existing street assessment ordinance for Council's consideration. SECTION 23. The City Engineer, subsequent to stakeholder input, will develop new street design standards to meet a 30 year street design life. SECTION 24. Staff will explore and present Council with options for pursuing a more aggressive capital improvement program. SECTION 25. This resolution takes effect immediately upon its passage. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe dame Mayor 091812 RESOLUTION street userfee 2012 FINAL Page 3 of 4 Corpus Christi, Texas L3 — _.— of '2012 The above resolution was passed by the following vote. Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla C. Leal . David Loeb John E. Marez Nelda Martinez Mark Scott Li 4