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HomeMy WebLinkAboutAgenda Packet City Council - 03/25/2014Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, March 25, 2014 11:30 AM 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 Pastor Josue Gray, Iglesia La Luz del Mundo. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 14-00324 Proclamation declaring March 25, 2014, as "Flour Bluff High School NJROTC Area 10 Texas State Champions 1994-2014" Proclamation declaring March 28-30, 2014 as "Corpus Christi Festival of the Arts" Proclamation declaring March 30, 2014 as "15th Annual Celebration of Cesar Chavez Day" Proclamation declaring April as "Earth Month 2014", and Saturday, April 12th, as the day of celebration, to be held at Heritage Park, "Earth Day - Bay Day 2014" Proclamation declaring April 1, 2014 as "Mayors Day of Recognition for National Service" Proclamation declaring April 8, 2014 as "National Equal Pay Day" Corpus Christi Page 1 Printed on 3/21/2014 City Council Meeting Agenda - Final March 25, 2014 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. City Performance Report - Library Services b. Other H. EXECUTIVE SESSION: (NONE) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when 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. I. MINUTES: 2. 14-00325 Special Meeting of March 4, 2014 and Regular Meeting of March 18, 2014 Attachments: Minutes - March 4, 2014 J. Minutes - March 18, 2014 BOARDS & COMMITTEE APPOINTMENTS: (NONE) Corpus Christi Page 2 Printed on 3/21/2014 City Council Meeting Agenda - Final March 25, 2014 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 3 - 22) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 14-00195 Purchase agreement for traffic control radar detection systems Motion approving the purchase of four (4) traffic control radar detection systems from Twincrest Technologies, Mansfield, Texas for a total amount of $77,920. The award is based on the cooperative purchasing agreement with the State of Texas Cooperative Purchasing Program. Funds have been budgeted by the Engineering Department in FY 2013-2014. Attachments: Agenda Memo - Traffic Control Radar Detection System.pdf Price Sheet - Traffic Control Radar Detection System.pdf 4. 14-00266 Service Agreement for Maintenance of City Hall HVAC System Motion approving a service agreement with Johnson Controls Inc., Corpus Christi, Texas for maintenance of the HVAC System located at City Hall for a total amount of $274,122 of which $24,794 is required for the remainder of FY 2013-2014.The award is based on the cooperative purchasing agreement with the State of Texas Cooperative Purchasing Program. The term of the agreement will be sixty months. Funds are budgeted by the Facility Maintenance Services Fund in FY 2013-2014. Attachments: Agenda Memo - Service Agreement for Maintenance of City Hall HVAC System. Price Sheet - Service Agreement for Maintenance of City Hall HVAC Service.pdi Service Agreement for Maintenance of City Hall HVAC System.pdf 5. 14-00253 Authorizing submission of grant application to State for automation of police training records Resolution authorizing the submission of a grant application in the amount of $35,000 to the State of Texas, Criminal Justice Division for Corpus Christi Page 3 Printed on 3/21/2014 City Council Meeting Agenda - Final March 25, 2014 funding available under the Edward Byrne Memorial Justice Assistance Grant Program to automate Police training records; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. Attachments: Agenda Memo - State JAG grant 03.18.2014 Resolution - Apply State Edward Byrne Grant 2014 - Police 6. 14-00240 Agreement for permanent art to be located at the entrance to the Oso Bay Learning Center and Wetland Preserve Motion authorizing the City Manager or designee to execute documents necessary to purchase sculpture created by artist Dixie Friend Gay for a work of permanent art created in steel and authorize disbursement of $100,000 from the Bond Fund 3292 for such purchase. Attachments: Agenda Memo - Oso Bay artist agreement Attachment - Oso Bay public art drawing Artist Agreement- Oso Bay 2014 7. 14-00251 Amendment No. 1 to architectural design contract for fleet maintenance heavy equipment shop roof replacement Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC from Corpus Christi, Texas in the amount of $34,620, for a total re -stated fee of $59,070, for Fleet Maintenance Heavy Equipment Shop Roof for the design, bid, and construction phase services. BOND ISSUE 2012 Attachments: Agenda Memo - Fleet Maintenance Heavy Equipment Shop Roof Project Budget - Fleet Maintenance Heavy Equipment Shop Roof.pdf Location Map - Fleet Maintenance Amendment No. 1 - Fleet Maintenance Heavy Equipment Shop Roof.pdf Presentation - Fleet Maintenance Heavy Equipment Shop Roof.pdf 8. 14-00252 Amendment No. 1 to architectural design contract for the museum roof replacement Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC from Corpus Christi, Texas in the amount of $81,450, for a total re -stated fee of $130,040, for Museum Roof Replacement for the design, bid, and construction phase services. BOND ISSUE 2012. Corpus Christi Page 4 Printed on 3/21/2014 City Council Meeting Agenda - Final March 25, 2014 Attachments: Agenda Memo - Museum Roof Replacement Project Budget - Museum Roof Replacement.pdf Location Map - Museum Roof Replacement Amendment No. 1 - Museum Roof Replacement.pdf Presentation - Museum Roof Replacement.pdf 9. 14-00265 Engineering construction contract for the Bear Lane waterline replacement Motion authorizing the City Manager or designee to execute a construction contract with Clark Pipeline Services, J.V. of Corpus Christi, Texas in the amount of $2,475,922.13, for Bear Lane Waterline Replacement from Navigation Boulevard to Old Brownsville Road. Attachments: Agenda Memo - Bear Lane Waterline Project Budget - Bear Lane Waterline Location Map - Bear Lane Waterline Presentation - Bear Lane Waterline 10. 14-00256 Agreement to accomodate the wheeling of the Colorado River water to the Mary Rhodes pipeline Motion to authorize the City Manager or designee to execute a contract with Lavaca-Navidad River Authority (LNRA) for use of the West Delivery System for delivery of Colorado River water to the City of Corpus Christi. Attachments: Agenda Memo - LNRAWDS Upgrade Contract - LNRAWDS Upgrade .pdf 11. 14-00250 Reimbursement resolution for Marina "R" Pier project to allow the City to reimburse itself for costs incurred prior to receipt of bond proceeds (Related items 11 - 12) Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax-exempt or taxable obligations to be issued by the City for authorized purposes in an amount not to exceed $2,600,000; authorizing other matters incident and related thereto; and providing an effective date. Attachments: Agenda Memo - Marina Reimbursement Resolution March 18, 2014.pdf Resolution - Marina Reimbursement.pdf 12. 14-00261 Second Reading Ordinance - Amending Capital Improvement budget to include pier "R" replacement project (1st Reading 3/18/14) Ordinance amending the FY 2014 Capital Improvement Budget adopted Corpus Christi Page 5 Printed on 3/21/2014 City Council Meeting Agenda - Final March 25, 2014 by Ordinance No. 029916 to add Project Number E13144 City Marina Replacement of Pier R; increasing revenues and expenditures in the amount of $3,239,496. Attachments: Agenda Memo - Marina Ordinance - to amend CIP for City Marina Project 13. 14-00237 Second Reading Ordinance - Rezoning from the "FR" Farm Rural District to the "IL" Light Industrial District, on property located at the southwest corner of Leopard Street and Rhew Road (1st Reading 3/18/14) Case 0214-01 Bill Ferguson: A rezoning from the "FR" Farm Rural District to the "IL" Light Industrial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as being a 69.265 -acre tract of land out of a 176 -acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, located along the west side of Rhew Road, between Leopard Street and Sedwick Road. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. Ordinance Ordinance amending the Unified Development Code ("UDC"), upon application by Bill Ferguson, acting as agent on behalf of D.W. Grant, Jr., Betty Grant Armstrong, Andrea Alice Armstrong Plymale, Amie Alexandria Armstrong Kirk, Amanda Annette Armstrong England, Sam Megarity Armstrong, Jr. ("Owners"), by changing the UDC Zoning Map in reference to a 69.265 -acre tract of land out of a 176 -acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, from the "FR" Farm Rural District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Bill Ferguson, Leopard Street and Rhew Road Ordinance - Bill Ferguson, Leopard Street and Rhew Road Zoning Report - Bill Ferguson, Leopard Street and Rhew Road Aerial Map - Bill Ferguson Leopard Street and Rhew Road 14. 14-00238 Second Reading Ordinance - Rezoning from the "FR" Farm Rural District to the "IL" Light Industrial District, on property located at 6045 Bear Lane (1st Reading 3/18/14) Case 0214-02 Congregation of Divine Providence, Inc.: A change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District, not resulting in a change to the Future Land Use Plan. The Corpus Christi Page 6 Printed on 3/21/2014 City Council Meeting Agenda - Final March 25, 2014 property is described as being 40 acres of land, more or less, out of the northeast corner of Lot 1 of the Margaret Kelly Land, located on the south side of Bear Lane, approximately 350 feet west of Junior Beck Drive. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. Ordinance Ordinance amending the Unified Development Code ("UDC"), upon application by the Congregation of Divine Providence, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 40 acres of land, more or less, out of the northeast corner of Lot 1 of the Margaret Kelly Land, from the "FR" Farm Rural District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Congregation of Divine Providence, Inc Ordinance- Congregation of Divine Providence, Inc Zoning Report- Congregation of Divine Providence, Inc. Arial Map- Congregation of Divine Providence, Inc. 15. 14-00243 Second Reading Ordinance - Rezoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District, on property located at 4410 Ivy Lane (1st Reading 3/18/14) Case No. 0214-04 Santos and Virginia Herrera:A change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District, resulting in a change to the Future Land Use Plan from commercial to low density residential uses. The property is described as being a 0.113 -acre tract of land out of Lot 10A, Ave Cooper Subdivision, located approximately 200 feet north of Gollihar Road and 75 feet east of Ivy Lane. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Santos Herrera and Virginia Herrera ("Owners"), by changing the UDC Zoning Map in reference to a 0.113 -acre tract of land out of Lot 10A, Ave Cooper Subdivision, from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 7 Printed on 3/21/2014 City Council Meeting Agenda - Final March 25, 2014 Attachments: Agenda Memo - Santos and Virginia Herrera, 4410 Ivy Lane Ordinance - Santos and Virginia Herrera, 4410 Ivy Lane Zoning Report - Santos and Virginia Herrera, 4410 Ivy Lane Aerial Map - Santos and Virginia Herrera, 4410 Ivy Lane 16. 14-00245 Second Reading Ordinance - Rezoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, on property located at 7201 Yorktown Boulevard (1st Reading 3/18/14) Case No. 0214-03 Yorktown Oso Joint Venture:A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as being a 22.87 -acre tract of land, more or less, out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located at the ends of Fort Griffen Drive and Prax Morgan Place and south of Laurelas and Idle Hour Drives. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the rezoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC") upon application by Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 22.87 -acre tract of land, more or less, out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Attachments: Agenda Memo - Yorktown Oso Joint Venture, 7201 Yorktown Boulevard Ordinance - Yorktown Oso Joint Venture, 7201 Yorktown Boulevard Zoning Report - Yorktown Oso Joint Venture, 7201 Yorktown Boulevard Aerial Map - Yorktown Oso Joint Venture, 7201 Yorktown Boulevard 17. 14-00244 Second Reading Ordinance - Closing a portion of a 10 -foot wide utility easement out of Block 903, Fitchue Place Addition located west of South Alameda Street and South of McKenzie Street (1st Reading 3/18/14) Ordinance abandoning and vacating a portion of a 10 -foot wide utility easement out of Block 903, Fitchue Place Addition and requiring the owner, CC Tower Center, LTD., to comply with the specified conditions. Corpus Christi Page 8 Printed on 3/21/2014 City Council Meeting Agenda - Final March 25, 2014 Attachments: Agenda Memo - Abandon and Vacate, Fitchue Place Addition Ordinance -Abandon and Vacate, Fitchue Place Addition Exhibit A -Abandon and Vacate, Fitchue Place Addition Exhibit B -Abandon and Vacate, Fitchue Place Addition 18. 14-00219 Second Reading Ordinance - Accepting and appropriating a State grant for Local Border Security Program (LBSP) (1st Reading 3/18/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $45,000 from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency for funding eligible under the FY2014 Local Border Security Program (LBSP) grant to reimburse overtime and fringe benefits; and appropriating the $45,000 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo - LBSP 03.18.2014 Award document - LBSP 03.18.2014 Ordinance - LBSP 2014 19. 14-00262 Second Reading Ordinance - Accepting and appropriating funds from State for training of police personnel and purchase of training equipment (1st Reading 3/18/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $29,600.43; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $29,600.43 in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. Attachments: Agenda Memo - LEOSE approp 03.18.2014 Ordinance - LEOSE funds 2014 - Police 20. 14-00239 Second Reading Ordinance - Accepting and appropriating developer fees and interest for park improvements and other related projects (1st Reading 3/18/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $341,846.87 in developer contributions and $1,498.08 in interest earnings for a sum of $343,344.95 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Corpus Christi Page 9 Printed on 3/21/2014 City Council Meeting Agenda - Final March 25, 2014 Attachments: Agenda Memo - CommEnrich fds appropriationMarch2014 Ordinance -CommEnrich fds approp March2014 v2 Attachment - CommEnrichAppropriations for 031814 21. 14-00241 Second Reading Ordinance - Lease agreement for radio control automobile activity at Bill Witt Park (1st Reading 3/18/14) Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with STARCAR for Bill Witt Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. Attachments: Agenda Memo-STARCAR lease at Bill Witt Ordinance - STARCAR lease at Bill Witt Lease Agreement - STARCAR lease at Bill Witt 22. 14-00292 Second Reading Ordinance - Appropriating Lead Ballast Revenue (1st Reading 3/18/14) Ordinance appropriating $18,526 of revenue, from the sale of lead ballast from the Santa Maria, in the No. 1020 General Fund for payment to Columbus Sailing Association for the cost associated with the repair and restoration of the Nina or for staging facilities for the Nina; and changing the FY 2013-2014 operating budget adopted by Ordinance No. 029915 by increasing revenue and expenditures by $18,526 each Attachments: Agenda Memo - Lead Revenue Appropriation Ordinance - Lead Revenue Appropriation M. PUBLIC HEARINGS: (ITEM 23) 23. 14-00288 Public Hearing and First Reading Ordinance -Amending the Unified Development Code by increasing time limit for Council action on applications Ordinance amending the Unified Development Code by revising subsections 3.3.3.0 and 3.4.2.D regarding City Council final action on Zoning Map amendments (rezonings), and historic overlay districts or landmark designations; and providing for severance, penalties, and publication. Attachments: Agenda Memo - UDC Amendment, Time Limit for Council Action Ordinance - UDC Amendment, Time Limit for Council Action N. REGULAR AGENDA: (ITEMS 24 - 30) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 24. 14-00246 Approval of financial advisor for phase 2 of energy projects Corpus Christi Page 10 Printed on 3/21/2014 City Council Meeting Agenda - Final March 25, 2014 (Related items 24 - 25) Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014. Attachments: Agenda Memo - PPFCO's for Energy Protects March 18, 2014.pdf Fee Schedule - Financial Advisor.pdf 25. 14-00247 Second Reading Ordinance - Approving the financing for phase 2 of energy projects (1st Reading 3/18/14) Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014" in an amount not to exceed $9,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the contractual obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the contractual obligations; authorizing the execution of a Payment Agent/RegistrarAgreement and a Purchase and Investment Letter; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the contractual obligations; and providing an effective date. Attachments: Agenda Memo - PPFCO's for Energy Protects March 18, 2014.pdf Energy Projects Financing Ordinance March 18, 2014.pdf Schedule - Ph2 Cost Saving McKinstry.pdf 26. 14-00248 Approving financial advisor for Proposed Bond 2014 design work (Related items 26 - 27) Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the "City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000. Attachments: Agenda Memo - Tax Notes for Bond 2014 Design March 18, 2014.pdf Fee Schedule - Financial Advisor.pdf 27. 14-00249 Second Reading Ordinance - Authorizing financing for proposed Bond 2014 design work (1st Reading 3/18/14) Ordinance authorizing the issuance of "City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of a Payment Corpus Christi Page 11 Printed on 3/21/2014 City Council Meeting Agenda - Final March 25, 2014 Agent/RegistrarAgreement and a Purchase and Investment Letter; complying with the provisions of the Depository Trust Company's Letter of Representations; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the tax notes; and providing an effective date. Attachments: Agenda Memo - Tax Notes for Bond 2014 Design March 18, 2014.pdf Ordinance - for Bond 2014 Tax Notes.pdf Bond 2014 Design - Street Propositions.pdf 28. 14-00316 Second Reading Ordinance - Engineering construction contract for McArdle Road from Ennis Joslin Road to Whitaker Drive (Bond 2012) (1st Reading 3/18/14) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by transferring $651,654.15 from Fund 3549 Project #E12098 McArdle Road from Whitaker Drive to Nile Drive, $65,000 from Fund 4476 Water 2009 CIP Fund Reserves, $360,000 from Fund 4247 Wastewater 2012 CIP Fund Reserves to Project #E12097 McArdle Road from Nile Drive to Ennis Josin; increasing expenditures in the amount of $425,000; authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Corpus Christi, Texas in the amount of $10,653,999.40 for McArdle Road from Ennis Joslin to Whitaker for the base bid; and executing a testing agreement with Rock Engineering and Testing Laboratories, Inc. in the amount of $74,850 for McArdle Road from Ennis Joslin to Whitaker for construction materials testing services. (Bond 2012) Attachments: Agenda Memo -McArdle Road Ordinance - McArdle Road Contract - McArdle Testing Final Budget - McArdle Location Map - McArdle Presentation - McArdle Road 29. 14-00255 Change order authorization for the Mary Rhodes Pipeline Phase 2 pipeline section A, B, and C and pump stations/sedimentation basin Motion authorizing the City Manager or designee to execute non routine change orders of up to 5% of the contract value, of (1) the construction contract with Garney Companies, Inc. for the Mary Rhodes Pipeline Phase 2: Pipeline Sections A, B, and C for $84,121,405, or (2) the construction contract with Oscar Renda Contracting for the Mary Rhodes Pipeline Phase 2: Pump Stations/Sedimentation Basin for $29,167,288, if changes in plans or specifications are necessary after the performance of the contract has begun or if it is necessary to Corpus Christi Page 12 Printed on 3/21/2014 City Council Meeting Agenda - Final March 25, 2014 decrease or increase the quantity of work to be performed or of materials, equipment, or supplies to be furnished, for reasons creating an urgent need for the change, including but not limited to differing site conditions, provided that (I) funding is available for that purpose; (II) the original contract price is not increased by cumulative change orders by more than 5 percent (5%) of the original contract price; (III) a report is provided to City Council as soon as possible afterward; and (IV) the Executive Director of Public Works has conducted a full review of the facts and determines, in writing, that: (a) the change is required and/or unavoidable, and (b) time is of the essence to the extent that immediate action must be taken in order (i) to avoid substantial delay damages from being incurred; or (ii) to prevent significant harm from occurring to the City's property or the City's Mary Rhodes Pipeline Phase 2 Project. Attachments: Agenda Memo - MR Pipeline Location Map - MR Pipeline 30. 14-00307 Resolution opposing wind farm development in the City's extra -territorial jurisdiction Resolution opposing wind farm development in the City's extra territorial jurisdiction Attachments: Agenda Memo - Wind Farm Development Amended Resolution - wind turbine opposition Map - Construction Growth Trends O. FIRST READING ORDINANCES: (ITEMS 31 - 32) 31. 14-00117 First Reading Ordinance - Amending the Fiscal Year 2013-14 Operating Budget to extend it by two months Ordinance amending the Fiscal Year 2013-2014 Operating Budget adopted by Ordinance No. 029915 to extend fiscal year 2013-2014 two months, by increasing total revenues by $111,715,725 and total expenditures by $106,187,250 in the General Fund, Internal Service Funds, Enterprise Funds, and Special Revenue Funds. Attachments: Agenda Memo - 2 Month Extension of Fiscal Year 2013-2014 Ordinance - 2 Month Extension of Operating Budget Schedule of Adjustments- 2 Month Extension 32. 14-00236 First Reading Ordinance - Type A Agreement for Hausman Foods, LLC Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Hausman Foods, LLC ("Hausman") to provide a grant of up to $205,920, for the creation of jobs and authorizing the City Corpus Christi Page 13 Printed on 3/21/2014 City Council Meeting Agenda - Final March 25, 2014 Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Hausman Business Incentive Agreement for the creation of jobs; and appropriating $205,920 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Hausman; and changing the FY 2013-2014 operating budget, adopted by Ordinance No. 029915, by increasing proposed expenditures by $205,920. Attachments: Agenda Memo - Hausman Ordinance - Hausman Business Incentive Agreement - Hausman Project Service Agreement -Hausman 01-22-14 P. FUTURE AGENDA ITEMS: (ITEMS 33 - 35) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 33. 14-00291 Service Agreements for Storm Water Improved ROW Strip Mowing and Bayfront Parks and Medians Turf and Grounds Maintenance Motion approving service agreements with the following companies, in the following amounts for Storm Water Improved ROW Strip Mowing and Bayfront Parks and Medians Turf and Grounds Maintenance in accordance with Bid Invitation No. BI -0079-14, based on lowest responsible bid for an estimated annual expenditure of $673,540.40 of which $336,770.20 is required for the remainder of FY 2013-2014. The terms of the contracts will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractors and the City Manager or designees. Funds have been budgeted by the Utilities and Parks and Recreation Departments in FY 2013-2014. Storm Water Improved ROW Strip Mowing Aspen Lawn Care Corpus Christi, TX. $109,399.90 D -Bar Contractors San Benito, TX $52,186.40 Dorame General Repair & Lawn, Corpus Christi, TX $101,346.00 Bayfront Parks & Medians Turf & Grounds Maintenance D -Bar Contractors San Benito, TX $152,423.60 Maldonado Nursery & Landscape, Inc. Corpus Christi, TX $211,131.90 LLC Corpus Christi Page 14 Printed on 3/21/2014 City Council Meeting Agenda - Final March 25, 2014 Maldonado Nursery & Landscape, Inc. Corpus Christi, TX $47,052.60 Total: $309,984.90 Total: $363,555.50 Grand Total $673,540.40 Attachments: Agenda Memo - Stormwater ROW & Bayfront Parks Mowinq.pdf Bid Tabulation - Storm Water ROW & Bayfront Parks Mowinq.pdf Service Agreements - Storm Water ROW & Bayfront Parks Mowinq.pdf 34. 14-00297 Supply agreement for liquid aluminum sulfate for use at the O. N. Stevens water treatment plant Motion approving a supply agreement with General Chemical Performance Products LLC, Parsippany, New Jersey for liquid aluminum sulfate in accordance with Bid Invitation No. BI -0090-14 based on lowest responsible bid for an estimated annual expenditure of $1,248,390.00, of which $624,195.00 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. Attachments: Agenda Memo - Liquid Aluminum Sulfate.pdf Bid Tabulation - Liquid Aluminum Sulfate.pdf 35. 14-00308 Supply agreement for hot tap fittings for repairing or adding lines for new gas service Motion approving a supply agreement with M.T. Deason Company, Inc., Birmingham, Alabama for hot tap fittings in accordance with Bid Invitation No. BI -0093-14 based on only bid for an estimated annual expenditure of $90,264.00, of which $45,132.00 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. Attachments: Agenda Memo - Hot Tap Fittings.pdf Bid Tabulation - Hot Tap Fittings.pdf Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 36 - 38) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 36. 14-00315 Animal Care Services - Small Trap Pickup Procedures Corpus Christi Page 15 Printed on 3/21/2014 City Council Meeting Agenda - Final March 25, 2014 Attachments: Agenda Memo - animal care presentation 03.25.2014 Presentation - Animal Care small trap 37. 14-00326 Parks and Recreation - Mowing Consolidation Attachments: Agenda Memo - Mowing consolidation Presentation - Mowing consolidation Mar2014 38. 14-00332 Assessment of the Efficiency and Effectiveness of the City of Corpus Christi Fire Department Attachments: Agenda Memo - for Fire Report Presentation - 032514 Fire Assessment CCFD Final Report R. ADJOURNMENT Corpus Christi Page 16 Printed on 3/21/2014 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, March 4, 2014 5:00 PM Council Chambers SPECIAL COUNCIL MEETING Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and stated that a quorum of the Council and required Charter Officers were present to conduct the meeting. City Secretary Huerta announced that Mayor Pro Tem Priscilla Leal has been granted a leave of absence per Motion No. 2014-016. Charter Officers: City Manager Ron Olson, Interim City Attorney Barney Knight, and City Secretary Rebecca Huerta. Present: 6 - Council Member KelleyAllen,Council Member David Loeb,Mayor Nelda Martinez,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza Absent: 3 - Council Member Priscilla Leal,Council Member Mark Scott, and Council Member Chad Magill C. EXPLANATION OF COUNCIL ACTION: D. REGULAR AGENDA: 1. Emergency Ordinance - Rezoning from the "RS -6" Single -Family 6 District and the "CN -2" Neighborhood Commercial District to the "CG -2" General Commercial District, on property located at 5429-5505 Cain Drive, 5633 South Staples Street and 5502-5506 Holly Road. Case 1113-02 Old Lipan Limited: A rezoning from the "RS -6" Single -Family 6 District and the "CN -2" Neighborhood Commercial District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Plan from low-density residential uses Corpus Christi Page 1 Printed on 3/20/2014 City Council Meeting Minutes March 4, 2014 to commercial uses. The property to be rezoned is described as Lots 4, 5B, 6, 7A, 13, and the west half of Lot 5, Block 10, Gardendale Subdivision, located on Holly Road and Cain Drive, approximately 400 feet west of South Staples Street. Staff Recommendation: Denial of the rezoning to the "CG -2" General Commercial District and denial of a Special Permit to allow a mini -storage facility. Planning Commission Recommendation (January 29, 2014): Denial of the "CG -2" General Commercial District and denial of a Special Permit for a mini -storage facility as a result of a split vote. Ordinance Ordinance amending the Unified Development Code ("UDC"), upon application by Old Lipan Limited ("Owner"), by changing the UDC Zoning Map in reference to Lots 4, 5B, 6, 7A, 13, and the west half of Lot 5, Block 10, Gardendale Subdivision, by granting a Special Permit for a mini -storage facility; amending the Comprehensive Plan to account for any deviations; providing for a repealer clause and publication; and declaring an emergency. Mayor Martinez referred to Item 1. Mayor Martinez announced that she would be abstaining on this item and asked Council Member McIntyre to preside over the meeting. Annika Gunning with Development Services stated that the purpose of this item is to consider a request from Old Lipan Limited to rezone the subject property from the "RS -6" Single -Family 6 District and "CN -2" Neighborhood Commercial District to the "CG -2" General Commercial District in the Gardendale Subdivision. Ms. Gunning reported that this zoning change was tabled last week to allow the developer to receive feedback from the neighborhood and the meeting took place on Saturday. Ms. Gunning added that the neighbors do remain opposed to the mini -storage use and any possible Special Permit. Ms. Gunning said that if the Council would like to consider a Special Permit, an alternative ordinance with development conditions has been presented by staff with the neighbors input incorporated. Ms. Gunning stated that the Council has three options to consider: 1) approve the "CG -2" General Commercial District as requested by the applicant; 2) to deny the General Commercial District; or 3) approve the Special Permit for the mini -storage use subject to the development conditions. Ms. Gunning added that approving any of the options would require a favorable vote by all of the Council members present. Council Member McIntyre called for comments from the public. Bill Durrill, developer, stated that he met with the neighborhood and he believes that the group came to a favorable agreement. Mr. Durrill said he has agreed to meet with the residents again to show the renderings and construction plans for the project in a good faith effort. Rudy Medina, Delores Silguero, Lorenzo Gomez, and Tiburcio Soto spoke in opposition to the zoning change. Council members spoke regarding the following topics: the reason Council Members requested the meeting between the developer and the neighborhood prior to the vote; the freeze on taxes for 65 years or older; the types of business allowed in the General Commercial District and traffic flow. Corpus Christi Page 2 Printed on 3/20/2014 City Council Meeting Minutes March 4, 2014 Council Member Loeb made a motion to amend the ordinance and grant the Special Permit to include the residents' amendments, seconded by Council Member Garza. The foregoing motion was passed and approved with the following vote: Allen, Garza, Loeb, McIntyre, and Riojas, voting "Aye"; Martinez abstained; Leal, Magill and Scott were absent. This Ordinance was passed on emergency as amended and approved with the following vote: Aye: 5 - Council Member Allen, Council Member Loeb, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 3 - Council Member Leal, Council Member Scott and Council Member Magill Abstained: 1 - Mayor Martinez Enactment No: 030109 E. ADJOURNMENT The meeting was adjourned at 5:30 p.m. Corpus Christi Page 3 Printed on 3/20/2014 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, March 18, 2014 11:30 AM 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. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Pastor Kenneth Mutchler, Immanuel Fellowship Church Pastor Kenneth Mutchler gave the invocation. C. Pledge of Allegiance to the Flag of the United States. Police Management Services Director Pat Eldridge gave the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and stated that a quorum of the Council and required Charter Officers were present to conduct the meeting. City Secretary Huerta announced that Mayor Pro Tem Priscilla Leal has been granted a leave of absence. *Council Member Scott arrived at 12:10 p.m. Charter Officers: City Manager Ron Olson, Interim City Attorney Barney L. Knight, and City Secretary Rebecca Huerta. Present: 7 - Council Member David Loeb,Mayor Nelda Martinez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza Absent: 2 - Council Member Kelley Allen, and Council Member Priscilla Leal E. Proclamations / Commendations 1. Proclamation declaring March 18, 2014 as "Leadership Corpus Christi 42 Day" Proclamation declaring March 18, 2014, as "World Water Day" Proclamation declaring March 2014, as "Professional Social Work Corpus Christi Page 1 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 Month" Presentation of Mayor's Clean & Green Awards Recognition of Hotel Occupancy Tax Fund Arts Grant Recipients for 2014 chosen by the Arts & Cultural Commission Mayor Martinez presented the proclamations. 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. Mayor Martinez called for comments from the audience. Johnny French informed the Council of a program that will replay on Friday, March 21st at 3:30 p.m. on Public Access Channel 10 regarding the possum policy. Mike Hurst, Saltwater Fisheries Enhancement Association (SEA) requested to be placed on a future agenda to discuss an opportunity to put a small coastal freighter on the artificial reef and support from the City. Mary Ann Kelley spoke regarding the possum policy and asked for consideration to spay or neuter possums before they are released. Dr. Gloria Scott spoke regarding the routes of the Harbor Bridge project. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: b. Other Mayor Martinez referred to City Manager's Comments. City Manager Olson reported that the Animal Control Advisory Board will hold their monthly meeting this Thursday and will discuss the possum issue. Mr. Olson said that staff will present an item to the Council once the Board has taken a position. a. City Performance Report - Streets Department Director of Street Operations Valerie Gray provided a briefing on the operation, mission, and goals of the Street Department. H. EXECUTIVE SESSION: (NONE) I. MINUTES: 2. Regular Meeting of February 25, 2014 Mayor Martinez called for approval of the minutes. Council Member Magill made a motion to approve the minutes, seconded by Council Member Garza and passed unanimously. Corpus Christi Page 2 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 J. BOARDS & COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: M. PUBLIC HEARINGS: (ITEMS 25 - 29) 25. Public Hearing and First Reading Ordinance - Rezoning from the "FR" Farm Rural District to the "IL" Light Industrial District, on property located at the southwest corner of Leopard Street and Rhew Road. Case 0214-01 Bill Ferguson: A rezoning from the "FR" Farm Rural District to the "IL" Light Industrial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as being a 69.265 -acre tract of land out of a 176 -acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, located along the west side of Rhew Road, between Leopard Street and Sedwick Road. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. Ordinance Ordinance amending the Unified Development Code ("UDC"), upon application by Bill Ferguson, acting as agent on behalf of D.W. Grant, Jr., Betty Grant Armstrong, Andrea Alice Armstrong Plymale, Amie Alexandria Armstrong Kirk, Amanda Annette Armstrong England, Sam Megarity Armstrong, Jr. ("Owners"), by changing the UDC Zoning Map in reference to a 69.265 -acre tract of land out of a 176 -acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, from the "FR" Farm Rural District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez deviated from the agenda and referred to Item 25. Annika Gunning with Development Services stated that the purpose of this item is to rezone the subject property to allow for future light industrial development. Ms. Gunning said that staff and Planning Commission were in favor of the zoning change. Council Member McIntyre made a motion to open the public hearing, seconded by Council Member Scott. There were no comments from the Council or the public. Council Member Garza made a motion to close the public hearing, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 3 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 26. Public Hearing and First Reading Ordinance - Rezoning from the "FR" Farm Rural District to the "IL" Light Industrial District, on property located at 6045 Bear Lane. Case 0214-02 Congregation of Divine Providence, Inc.: A change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District, not resulting in a change to the Future Land Use Plan. The property is described as being 40 acres of land, more or less, out of the northeast corner of Lot 1 of the Margaret Kelly Land, located on the south side of Bear Lane, approximately 350 feet west of Junior Beck Drive. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. Ordinance Ordinance amending the Unified Development Code ("UDC"), upon application by the Congregation of Divine Providence, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 40 acres of land, more or less, out of the northeast corner of Lot 1 of the Margaret Kelly Land, from the "FR" Farm Rural District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 26. Annika Gunning with Development Services stated that the purpose of this item is to rezone the subject property to allow for development of an oil field service facility. Ms. Gunning said that staff and Planning Commission were in favor of the zoning change. Council Member Loeb made a motion to open the public hearing, seconded by Council Member McIntyre. There were no comments from the Council or the public. Council Member Garza made a motion to close the public hearing, seconded by Council Member Loeb. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 27. Public Hearing and First Reading Ordinance - Rezoning from the Corpus Christi Page 4 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District, on property located at 4410 Ivy Lane. Case No. 0214-04 Santos and Virginia Herrera:A change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District, resulting in a change to the Future Land Use Plan from commercial to low density residential uses. The property is described as being a 0.113 -acre tract of land out of Lot 10A, Ave Cooper Subdivision, located approximately 200 feet north of Gollihar Road and 75 feet east of Ivy Lane. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Santos Herrera and Virginia Herrera ("Owners"), by changing the UDC Zoning Map in reference to a 0.113 -acre tract of land out of Lot 10A, Ave Cooper Subdivision, from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 27. Annika Gunning with Development Services stated that the purpose of this item is to rezone the rear portion of the subject property to allow the owners to expand their lot. Ms. Gunning said that staff and Planning Commission were in favor of the zoning change. Council Member Loeb made a motion to open the public hearing, seconded by Council Member Magill. There were no comments from the Council or the public. Council Member McIntyre made a motion to close the public hearing, seconded by Council Member Riojas. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 28. Public Hearing an First Reading Ordinance - Rezoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, on property located at 7201 Yorktown Boulevard. Case No. 0214-03 Yorktown Oso Joint Venture:A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as being a 22.87 -acre tract of land, more or less, Corpus Christi Page 5 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located at the ends of Fort Griffen Drive and Prax Morgan Place and south of Laurelas and Idle Hour Drives. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the rezoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC") upon application by Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 22.87 -acre tract of land, more or less, out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Mayor Martinez referred to Item 28. Annika Gunning with Development Services stated that the purpose of this item is to rezone the subject property to allow for future phase development of the Ranch Vista subdivision. Ms. Gunning said that staff and Planning Commission were in favor of the zoning change. Council Member McIntyre made a motion to open the public hearing, seconded by Council Member Magill. There were no comments from the Council or the public. Council Member McIntyre made a motion to close the public hearing, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 29. Public Hearing and First Reading Ordinance - Closing a portion of a 10 -foot wide utility easement out of Block 903, Fitchue Place Addition located west of South Alameda Street and South of McKenzie Street Ordinance abandoning and vacating a portion of a 10 -foot wide utility easement out of Block 903, Fitchue Place Addition and requiring the owner, CC Tower Center, LTD., to comply with the specified conditions. Mayor Martinez referred to Item 29. Interim Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to abandon and vacate a utility easement and allow for the future development of the property. Corpus Christi Page 6 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 Mr. Dimas said staff recommended approval of the closure. Council Member Garza made a motion to open the public hearing, seconded by Council Member Magill. There were no comments from the Council or the public. Council Member Garza made a motion to close the public hearing, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 1 - Council Member Loeb L. CONSENT AGENDA: (ITEMS 3 - 24) Approval of the Consent Agenda Mayor Martinez referred to the consent agenda. Items 10 and 11 were pulled for individual consideration and were voted on separately. City Secretary Rebecca Huerta announced that Council Member Loeb would abstain from the vote on Item 20. The remaining items on the consent agenda were passed by one vote as follows: Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 3. Supply agreement for police uniforms Motion approving a supply agreement with Nardis, Inc., Kilgore, Texas for police uniforms in the amount of $64,972.60 of which $32,486.30 will be required for the remainder of FY 2013 - 2014. The term of the contract will be for twelve (12) months with an option to extend the contract for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. The award is in accordance with the U.S. General Services Administration (GSA) Federal Supply Schedule 84 Cooperative Purchasing Program. Funds have been budgeted by the Police Department in FY 2013 - 2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-028 4. Purchase of electronic citation handheld units (ticket writers) Motion approving the purchase of sixty-two (62) Electronic Citation Handheld Units from Brazos Technologies, College Station, Texas for a total amount of $233,773. The award is based on the General Corpus Christi Page 7 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 Services Administration (GSA) Federal Supply Schedule 70 Cooperative Purchasing Program. Funds are available in the Crime Control and Prevention District in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-029 5. Purchase of video equipment and system upgrade for video surveillance system Motion approving the purchase of video cameras and equipment; to include a system upgrade from Zones, Solutions Group, Auburn, Washington based on the General Services Administration (GSA) Federal Supply Schedule 70 Cooperative Purchasing Program for a total amount of $79,322.48. Funds are available in the Crime Control and Prevention District in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-030 6. Purchase and installation of a roll -off hoist body for a reconfigured roll -off truck to be used at transfer station Motion approving the purchase and installation of one (1) roll -off hoist body from Texan Waste Equipment, Inc., Houston, Texas for a total amount of $60,483. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). This Motion was passed on the Consent Agenda. Enactment No: M2014-031 7. Authorizing submission of grant application to State for a victim outreach program under the Victims of Crime Act (VOCA) Resolution authorizing the submission of a grant application in the amount of $68,163.15 to the State of Texas, Criminal Justice Division. For funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue Year 2 of the Victim Outreach Program with a city match of $13,840.79 and $3,200 in-kind services, for a total project cost of $85,203.94; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. This Resolution was passed on the Consent Agenda. Enactment No: 030110 8. Authorizing submission of grant application to the State for Corpus Christi Page 8 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 9. 10. victims of crime under the Victims of Crime Act (VOCA) Resolution authorizing the submission of a grant application in the amount of $77,084.05 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a city match of $20,271.07 and $4,000 in-kind services, for a total project cost of $101,355.06; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. This Resolution was passed on the Consent Agenda. Enactment No: 030111 Authorizing submission of grant application to the State for violence against women under the Violence Against Women Act (VAWA) Resolution authorizing the submission of a grant application in the amount of $44,356.71 to the State of Texas, Criminal Justice Division. For funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $20,280.21 and $5,520 in-kind services, for a total project cost of $70,156.92; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. This Resolution was passed on the Consent Agenda. Enactment No: 030112 Aquisition of real property rights for Navigation Boulevard street improvement project from Up River Road to Leopard Street (Bond 2012) Resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of parcels of land by fee simple title to the surface estate, right-of-way easements, utility easements, and temporary construction easements for a street improvement project known as the Navigation Boulevard Street Improvement Project which is to be generally located from Leopard Street northward to Up River Road, Bond 2012; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the fee simple and easement interests in the properties; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all Corpus Christi Page 9 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 units of property to be acquired by condemnation the parcels of land described herein by a single record vote of the City Council. Mayor Martinez referred to Item 10. Executive Director of Public Works Dan Biles stated that the resolution for acquisition of property rights requires a separate vote. There were no comments from the Council or the public. This Resolution was passed and approved with the following vote: Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 Enactment No: 030113 11. Support of project that will study redevelopment of area affected by Harbor Bridge relocation Resolution to provide support to the Regional/Urban Design Assistance Team Project. Mayor Martinez referred to Item 11. Council Member Magill addressed the following concerns regarding the Regional/Urban Design Assistance Team Project including those areas affected by the new Harbor Bridge such as the Downtown Management District, Hillcrest and Westside; the transportation elements; the financial impact to the City; and involving the community. Executive Director of Public Works Dan Biles stated that the purpose of this item is to focus on what is taking place in the area of the existing Harbor Bridge and how to reconnect the land uses. Mayor Martinez called for comments from the public. Dr. Gloria Scott asked questions regarding the stakeholders; the process for public involvement and a timeline. This Resolution was passed and approved with the following vote: Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 Enactment No: 030114 12. Refunding of Lavaca-Navidad River Authority (LNRA) water supply facilities revenue bonds for debt service savings Resolution authorizing the City Manager to take actions necessary to approve the issuance of refunding bonds designated as Lavaca-Navidad River Authority Water Supply Contract Revenue Refunding Bonds Taxable Series 2014, (Lake Texana Project); and other matters in connection therewith. This Resolution was passed on the Consent Agenda. Corpus Christi Page 10 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 13. 14. Enactment No: 030115 Second Reading Ordinance - Exempting Buena Vista Addition, located on Guth Lane, north of Interstate Highway 37 and west of Sessions Road, from the wastewater lot/acreage fees (1st Reading 2/25/14) Ordinance exempting Buena Vista Addition, Block 3, Lots 2A & 3, a subdivision located on Guth Lane, north of Interstate Highway 37 and west of Sessions Road, from the payment of the wastewater lot/acerage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030116 Second Reading Ordinance - Exempting King Estates Unit 4, located south of South Staples Street (FM 2444) at the intersection with Oso Parkway South, from the wastewater lot/acreage fees (1st Reading 2/25/14) Ordinance exempting King Estates Unit 4, a subdivision located south of South Staples Street (FM 2444) at the of South Staples Street (FM 2444) and Oso Parkway South, from payment of wastewater lot/acreage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030117 15. Second Reading Ordinance - Changing the name of Bufferhead Drive to Bufflehead Drive (1st Reading 2/25/14) 16. Ordinance changing the name of Bufferhead Drive to Bufflehead Drive between Eider Drive and Goldeneye Drive This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030118 Second Reading Ordinance - Accepting and appropriating grant funds for the Operation Stonegarden program for reduction of crime in the Rio Grande Valley (1st Reading 2/25/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $126,000 from Nueces County for funding eligible under the FY2012 Corpus Christi Page 11 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 17. 18. 19. Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to include (but not limited to) U. S. Highway 77 and State Highway 44; and appropriating the $126,000 in the No. 1061 Police Grants Fund. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030119 Second Reading Ordinance - Appropriating funds for the Infor Enterprise Resource Planning (ERP) implementation (1st Reading 2/25/14) Ordinance appropriating $1,212,449 from the Unreserved Fund Balance in the Municipal Information Systems Fund No. 5210 and $1,311,979 from the Unreserved Fund Balance in the General Fund No. 1020, and transferring to and appropriating in the MIS Fund No. 5210 for the Infor Enterprise Resource Planning (ERP) implementation; changing the FY 2013-2014 Budget adopted by Ordinance No. 029915 to increase appropriations by $2,524,428. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030120 Second Reading Ordinance - Authorization for streamlining the approval process for repeat special events requesting use of City property (1st Reading 2/25/14) Ordinance authorizing the City Manager or designee to execute agreements for use of City property by repeat special events. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030121 Second Reading Ordinance - Lease agreement for the 2014 Buccaneer Days Festival and related activites (1st Reading 2/25/14) Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ("Commission") for 2014 Buccaneer Days Festival and related activities to allow use of City property including areas bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking lots, during April 24, 2014 through May 4, 2014; use of parking lot north of former Memorial Coliseum site from April 18, 2014 through April 10, 2014 provide for Commission paying Corpus Christi Page 12 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 fees for City services in amount not to exceed $33,000.00 This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030122 20. Second Reading Ordinance - Engineering construction contract for downtown (Chaparral) signal improvements (Bond Issue 2008) (1st Reading 2/25/14) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by transferring $459,111.75 from Fund 3541 Bond 2004 Project Reserves and $459,117.75 from Fund 3544 Bond 2004 Project Reserves to the Downtown Street Chaparral Project (Bond 2008); increasing expenditures in the amount of $918,235.50; and authorizing the City Manager, or designee, to execute a construction contract with Austin Traffic Signal Construction Co., Inc. of Round Rock, Texas in the amount of $918,235.50 for the Downtown Streets Chaparral Signal Improvements for the Base Bid plus Additive Alternate One. This Ordinance was passed on second reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 1 - Council Member Loeb Enactment No: 030123 21. Second Reading Ordinance - Engineering construction contract for Health Department parking lot (Bond 2012) (1st Reading 2/25/14) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by accelerating funding for the Health Department Building Parking Lot Bond 2012 project in the amount of $150,000 from Fiscal Year 2015 to Fiscal Year 2014; increasing expenditures in the amount of $150,000; and authorizing the City Manager, or designee, to execute a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of $402,734.13 for Health Department Building Parking Lot for the Base Bid plus Additive Alternate Nos. 1 and 2. (Bond 2012) This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030124 22. Second Reading Ordinance - Engineering design contract for Corpus Christi Page 13 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 Gollihar Road from Weber Road to Carroll Lane, Phase One and from Carroll Lane to Kostoryz Road, Phase Two (1st Reading 2/25/14) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer budgeted funds in the amount of $600,384.20 from Storm Water CIP Fund 3495 Project No. E09025 Williams Drive Outfall; reserves in the amount of $40,488.50 from Wastewater CIP Fund 4510; reserves in the amount of $32,390.80 from Water CIP Fund 4479; reserves in the amount of $8,097.70 from Gas CIP Fund 4551 for the Gollihar Road from Weber Road to Carroll Lane (Phase One) Project; transferring budgeted funds in the amount of $600,384.20 from Storm Water CIP Fund 3495 Project No. E09025 Williams Drive Outfall; reserves in the amount of $40,488.50 from Wastewater CIP Fund 4510; reserves in the amount of $32,390.80 from Water CIP Fund 4479; reserves in the amount of $8,097.70 from Gas CIP Fund 4551 for the Gollihar Road from Carroll Lane to Kostoryz Road (Phase Two) Project; increasing expenditures in the amount of $1,362,722.40; and authorizing the City Manager, or designee, to execute an engineering design contract with RVE, Inc. from Corpus Christi, Texas in the amount of $2,009,621.00 for the Gollihar Road from Weber Road to Carroll Lane (Phase One) and Gollihar Road from Carroll Lane to Kostoryz Road (Phase Two) Projects. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030125 23. Second Reading Ordinance - Engineering design contract for Southern Minerals Road from Up River to IH 37 (1st Reading 2/25/14) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $151,145.75 from Storm Water CIP Fund 3494, $70,795.79 from Wastewater CIP Fund 4510, and $65,349.96 from Water CIP Fund 4088 to the Bond 2014 Street Project Southern Minerals Road from Up River to IH 37; increasing expenditures in the amount of $287,291.50; and authorizing the City Manager, or designee, to execute an engineering design contract with LNV, Inc. from Corpus Christi, Texas in the amount of $604,675.00 for Southern Minerals Road from Up River to IH 37. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030126 24. Second Reading Ordinance - Engineering design contract for Corpus Christi Page 14 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 Ayers Street from Ocean to Alameda (1st Reading 2/25/14) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $163,384.75 from Storm Water CIP Fund 3494, $97,120.07 from Wastewater CIP Fund 4510, and $78,424.68 from Water CIP Fund 4479 to the Bond 2014 Street Project Ayers Street from Ocean to Alameda; increasing expenditures in the amount of $338,929.50; and authorizing the City Manager, or designee, to execute an engineering design contract with Freese and Nichols, Inc. from Corpus Christi, Texas in the amount of $811,935.00 for Ayers Street from Ocean to Alameda. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030127 Mayor Martinez called for a recess until 1:30 p.m. N. REGULAR AGENDA: (ITEMS 30 - 32) 30. Confirming Barney L. Knight as Interim City Attorney and approving agreement Motion confirming Barney L. Knight as Interim City Attorney and approving an agreement with Barney L. Knight of Knight & Partners, Attorneys at Law, for a period of one calendar month with an option to extend for up to three additional calendar months for a fee of $16,000 a month. Mayor Martinez referred to Item 30. Assistant Director of Strategic Management Saundra Thaxton stated that the purpose of this item is to confirm Barney L. Knight as Interim City Attorney and approve a agreement with Barney L. Knight of Knight & Partners for one calendar month with an option of up to three additional months. There were no comments from the Council or the public. This Motion was passed and approved with the following vote: Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 Enactment No: M2014-032 31. Reimbursement resolution for energy efficiency projects Resolution relating to establishing the City Council of the City of Corpus Christi Page 15 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 Corpus Christi, Texas' intention to reimburse itself for the prior lawful expenditure of funds relating to the acquisition of a new energy management and control system on a city-wide basis and certain other personal property from the proceeds of tax-exempt obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. Mayor Martinez referred to Item 31. Executive Director of Public Works Dan Biles stated that Items 31, 32, and 33 are related to the energy efficiency projects with McKinstry Essention. Mr. Biles stated that the purpose of these items is to approve the reimbursement resolution; appropriate and execute the contract amendment with McKinstry Essention, and approve the financing for Phase 2. There were no comments from the public. Council Member Magill stated that he hopes that McKinstry will prove his concerns wrong and he would be voting "No" on this item. This Resolution was passed and approved with the following vote: Aye: 6 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Nay: 1 - Council Member Magill Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 Enactment No: 030128 32. Second Reading Ordinance - Contract amendment no. 2 for energy performance contract for Energy Efficiency Conservation Retrofit for Major City Facilities Project, Phase 2 (1st Reading 2/25/14) Ordinance appropriating $32,326.50 from AEP Program Incentives in the No. 3160 City Hall CIP Fund for the Energy Efficiency Conservation Retrofit for Major City Facilities Project; changing the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to increase revenues and expenditures by $4,982,326.50 each; and authorizing the City Manager, or designee, to execute Amendment No. 2 to the Fixed Price Energy Performance Contract with McKinstry Essention of Seattle, Washington for Energy Efficiency Conservation Retrofit for Major City Facilities, Phase 2 in the amount of $7,709,592, for a total re -stated fee of $14,724,124.28. This item was discussed under Item 31. This Ordinance was passed on second reading and approved with the following vote: Aye: 6 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Nay: 1 - Council Member Magill Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 Corpus Christi Page 16 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 Enactment No: 030129 O. FIRST READING ORDINANCES: (ITEMS 33 -41) 33. First Reading Ordinance - Approving the financing for phase 2 of energy projects Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014" in an amount not to exceed $9,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the contractual obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the contractual obligations; authorizing the execution of a Payment Agent/RegistrarAgreement and a Purchase and Investment Letter; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the contractual obligations; and providing an effective date. This item was discussed under Item 31. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Nay: 1 - Council Member Magill Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 34. First Reading Ordinance - Accepting and appropriating a State grant for Local Border Security Program (LBSP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $45,000 from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency for funding eligible under the FY2014 Local Border Security Program (LBSP) grant to reimburse overtime and fringe benefits; and appropriating the $45,000 in the No. 1061 Police Grants Fund. Mayor Martinez referred to Item 34. Police Chief Floyd Simpson stated that the purpose of this item is to accept and appropriate funds from the FY2014 Local Border Security Program Grant to reimburse overtime for highway border security in the amount of $45,000. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 17 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 35. First Reading Ordinance - Accepting and appropriating funds from State for training of police personnel and purchase of training equipment Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $29,600.43; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $29,600.43 in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. Mayor Martinez referred to Item 35. Police Chief Floyd Simpson stated that the purpose of this item is to accept and appropriate an annual allocation payment from the State of Texas Law Enforcement Officer Standard and Education Account for continuing education of officers. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 36. First Reading Ordinance - Accepting and appropriating developer fees and interest for park improvements and other related projects Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $341,846.87 in developer contributions and $1,498.08 in interest earnings for a sum of $343,344.95 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Mayor Martinez referred to Item 36. Assistant City Manager Susan Thorpe stated that the purpose of this item is to accept and appropriate funds received from developer fees and interest earned in the Community Enrichment Fund. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 18 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 37. First Reading Ordinance - Lease agreement for radio control automobile activity at Bill Witt Park Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with STARCAR for Bill Witt Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. Mayor Martinez referred to Item 37. Assistant City Manager Susan Thorpe stated that the purpose of this item is to renew the lease agreement with STARCAR for Bill Witt Park. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 38. First Reading Ordinance - Authorizing financing for proposed Bond 2014 design work Ordinance authorizing the issuance of "City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of a Payment Agent/Registrar Agreement and a Purchase and Investment Letter; complying with the provisions of the Depository Trust Company's Letter of Representations; and providing an effective date. Mayor Martinez referred to Item 38. Director of Financial Services Constance Sanchez stated that the purpose of this item is to provide funding for the design work for the proposed Bond 2014 street projects. Ms. Sanchez said this item will be a private placed loan and the institution offering the lowest interest rate would win the bid. There were no comments from the Council or the pu blic. Council Member Scott made a motion to add the following language to the caption: "delegating the authority and certain members of the City staff to Corpus Christi Page 19 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 execute certain documents, relating to the sale of the tax notes", seconded by Council Member McIntyre and passed. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 39. First Reading Ordinance - Amending Capital Improvement budget to include pier "R" replacement project Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to add Project Number E13144 City Marina Replacement of Pier R; increasing revenues and expenditures in the amount of $3,239,496. Mayor Martinez referred to Item 39. Executive Director of Public Works Dan Biles stated that the purpose of this item is to amend the FY2014 Capital Improvement Program Budget to include the replacement of the City Marina Pier "R". There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 40. First Reading Ordinance - Engineering construction contract for McArdle Road from Ennis Joslin Road to Whitaker Drive (Bond 2012) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by transferring $651,654.15 from Fund 3549 Project #E12098 McArdle Road from Whitaker Drive to Nile Drive, $65,000 from Fund 4476 Water 2009 CIP Fund Reserves, $360,000 from Fund 4247 Wastewater 2012 CIP Fund Reserves to Project #E12097 McArdle Road from Nile Drive to Ennis Josin; increasing expenditures in the amount of $425,000; authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Corpus Christi, Texas in the amount of $10,653,999.40 for McArdle Road from Ennis Joslin to Whitaker for the base bid; and executing a testing agreement with Rock Engineering and Testing Laboratories, Inc. in the amount of $74,850 for McArdle Road from Ennis Joslin to Whitaker for construction materials testing services. (Bond 2012) Mayor Martinez referred to Item 40. Executive Director of Public Works Dan Corpus Christi Page 20 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 Biles stated that the purpose of this item is to award the design and construction projects for the McArdle Road improvements from Ennis Joslin Road to Whitaker Drive. Council members spoke regarding the following topics: safety issues on McArdle Road; sidewalks; and working with Carriage Park to incorporate a jersey barrier. Mayor Martinez called for comments from the public. Abel Alonzo, Committee for Persons with Disabilities, thanked Mr. Biles and staff for their work and sensitivity to community concerns. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 41. First Reading Ordinance - Appropriating Lead Ballast Revenue Ordinance appropriating $18,526 of revenue, from the sale of lead ballast from the Santa Maria, in the No. 1020 General Fund for payment to Columbus Sailing Association for the cost associated with the repair and restoration of the Nina or for staging facilities for the Nina; and changing the FY 2013-2014 operating budget adopted by Ordinance No. 029915 by increasing revenue and expenditures by $18,526 each Mayor Martinez referred to Item 41. Director of Financial Services Constance Sanchez stated that the purpose of this item is to appropriate $18,526 of revenue from the sale of lead ballast from the Santa Marina to be used for payment to the Columbus Sailing Association (CSA). There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 42 - 54) Mayor Martinez referred to the Future Agenda. City Manager Ron Olson stated that staff had planned presentations on Items 51 and 54. City Secretary Rebecca Huerta announced that Council Member Magill would abstain from the discussion on Item 54. Council Members asked questions regarding Item 43. 42. Purchase agreement for traffic control radar detection systems Motion approving the purchase of four (4) traffic control radar detection systems from Twincrest Technologies, Mansfield, Texas for a total amount of $77,920. The award is based on the cooperative purchasing agreement with the State of Texas Cooperative Purchasing Corpus Christi Page 21 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 Program. Funds have been budgeted by the Engineering Department in FY 2013-2014. This Motion was recommended to consent agenda 43. Service Agreement for Maintenance of City Hall HVAC System Motion approving a service agreement with Johnson Controls Inc., Corpus Christi, Texas for maintenance of the HVAC System located at City Hall for a total amount of $274,122 of which $24,794 is required for the remainder of FY 2013-2014.The award is based on the cooperative purchasing agreement with the State of Texas Cooperative Purchasing Program. The term of the agreement will be sixty months. Funds are budgeted by the Facility Maintenance Services Fund in FY 2013-2014. This Motion was recommended to consent agenda 44. Authorizing submission of grant application to State for automation of police training records Resolution authorizing the submission of a grant application in the amount of $35,000 to the State of Texas, Criminal Justice Division for funding available under the Edward Byrne Memorial Justice Assistance Grant Program to automate Police training records; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. This Resolution was recommended to consent agenda 45. Agreement for permanent art to be located at the entrance to the Oso Bay Learning Center and Wetland Preserve Motion authorizing the City Manager or designee to execute documents necessary to purchase sculpture created by artist Dixie Friend Gay for a work of permanent art created in steel and authorize disbursement of $100,000 from the Bond Fund 3292 for such purchase. This Motion was recommended to consent agenda 46. Approval of financial advisor for phase 2 of energy projects (Related items 24 - 25) Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014. This Motion was recommended to consent agenda Corpus Christi Page 22 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 47. Approving financial advisor for Proposed Bond 2014 design work (Related items 26 - 27) Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the "City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000. This Motion was recommended to consent agenda 48. Reimbursement resolution for Marina "R" Pier project to allow the City to reimburse itself for costs incurred prior to receipt of bond proceeds (Related items 11 - 12) Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax-exempt or taxable obligations to be issued by the City for authorized purposes in an amount not to exceed $2,600,000; authorizing other matters incident and related thereto; and providing an effective date. This Resolution was recommended to consent agenda 49. Amendment No. 1 to architectural design contract for fleet maintenance heavy equipment shop roof replacement Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC from Corpus Christi, Texas in the amount of $34,620, for a total re -stated fee of $59,070, for Fleet Maintenance Heavy Equipment Shop Roof for the design, bid, and construction phase services. BOND ISSUE 2012 This Motion was recommended to consent agenda 50. Amendment No. 1 to architectural design contract for the museum roof replacement Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC from Corpus Christi, Texas in the amount of $81,450, for a total re -stated fee of $130,040, for Museum Roof Replacement for the design, bid, and construction phase services. BOND ISSUE 2012. This Motion was recommended to consent agenda 51. Change order authorization for the Mary Rhodes Pipeline Phase 2 pipeline section A, B, and C and pump stations/sedimentation basin Motion authorizing the City Manager or designee to execute non Corpus Christi Page 23 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 routine change orders of up to 5% of the contract value, of (1) the construction contract with Garvey Companies, Inc. for the Mary Rhodes Pipeline Phase 2: Pipeline Sections A, B, and C for $84,121,405, or (2) the construction contract with Oscar Renda Contracting for the Mary Rhodes Pipeline Phase 2: Pump Stations/Sedimentation Basin for $29,167,288, if changes in plans or specifications are necessary after the performance of the contract has begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or supplies to be furnished, for reasons creating an urgent need for the change, including but not limited to differing site conditions, provided that (I) funding is available for that purpose; (11) the original contract price is not increased by cumulative change orders by more than 5 percent (5%) of the original contract price; (III) a report is provided to City Council as soon as possible afterward; and (IV) the Executive Director of Public Works has conducted a full review of the facts and determines, in writing, that: (a) the change is required and/or unavoidable, and (b) time is of the essence to the extent that immediate action must be taken in order (i) to avoid substantial delay damages from being incurred; or (ii) to prevent significant harm from occurring to the City's property or the City's Mary Rhodes Pipeline Phase 2 Project. This Motion was recommended to regular agenda 52. Engineering construction contract for the Bear Lane waterline replacement Motion authorizing the City Manager or designee to execute a construction contract with Clark Pipeline Services, J.V. of Corpus Christi, Texas in the amount of $2,475,922.13, for Bear Lane Waterline Replacement from Navigation Boulevard to Old Brownsville Road. This Motion was recommended to consent agenda 53. Agreement to accomodate the wheeling of the Colorado River water to the Mary Rhodes pipeline Motion to authorize the City Manager or designee to execute a contract with Lavaca-Navidad River Authority (LNRA) for use of the West Delivery System for delivery of Colorado River water to the City of Corpus Christi. This Motion was recommended to consent agenda 54. Resolution opposing wind farm development in the City's extra -territorial jurisdiction Corpus Christi Page 24 Printed on 3/20/2014 City Council Meeting Minutes March 18, 2014 Resolution opposing wind farm development in the City's extra territorial jurisdiction This Resolution was recommended to regular agenda Q. BRIEFINGS TO CITY COUNCIL: (NONE) R. ADJOURNMENT The meeting was adjourned at 3:02 p.m. Corpus Christi Page 25 Printed on 3/20/2014 DATE: TO: AGENDA MEMORANDUM Future Item for the City Council Meeting of March 18, 2014 Action Item for the City Council Meeting of March 25, 2014 March 18, 2014 Ronald L. Olson, City Manager FROM: Paul Pierce, Acting Assistant Director of Financial Services paulp(a�cctexas.com 361-826-3164 Valerie Gray, Director of Street Operations valerieq(a�cctexas.com 361-826-1875 Traffic Control Radar Detection System CAPTION: Motion approving the purchase of four (4) traffic control radar detection systems from Twincrest Technologies, Mansfield, Texas for a total amount of $77,920. The award is based on the cooperative purchasing agreement with the State of Texas Cooperative Purchasing Program. Funds are budgeted in FY 2013-2014 in the Street Fund. PURPOSE The traffic control radar detection system will be installed at existing street signalized intersections to monitor traffic and control light signals. BACKGROUND AND FINDINGS: The traffic control radar detection system will replace the video detection systems at existing intersections. The traffic control radar detection system is a much more reliable system than the video system in adverse weather conditions and will alleviate the need to perform maintenance on the system. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $274,190.72 $274,190.72 Encumbered / Expended Amount $44,827.68 $44,827.68 This item $77,920.00 $77,920.00 BALANCE $151,443.04 $151,443.04 Fund(s): Street Fund Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: MARCH 18, 2014 PRICE SHEET Purchase of vehicle radar detection systems TX SmartBuy Contract: 550-A2 Twincrest Technologies Mansfield, Texas ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 1. Four (4) - Traffic Control radar detection systems to include the following: Wavetronix 20' Sensor Pigtail, 6 conductor home run cable, 2 channel detection cards, ethernet converter, 4 sensor assembly. 1 Lot $77,920.00 $77,920.00 Grand Total $77,920.00 DATE: TO: AGENDA MEMORANDUM Future Item for the City Council Meeting of March 18, 2014 Action Item for the City Council Meeting of March 25, 2014 March 18, 2014 Ronald L. Olson, City Manager FROM: Paul Pierce, Acting Assistant Director of Financial Services paulp(a�cctexas.com 361-826-3164 Jim Davis, Director of General Services i i md(a�cctexas. com 361-826-1909 Service Agreement for Maintenance of City Hall HVAC System CAPTION: Motion approving a service agreement with Johnson Controls Inc., Corpus Christi, Texas for maintenance of the HVAC System located at City Hall for a total amount of $274,122 of which $24,794 is required for the remainder of FY 2013-2014. The award is based on the cooperative purchasing agreement with the State of Texas Cooperative Purchasing Program. The term of the agreement will be sixty months. Funds are budgeted by the Facility Maintenance Services Fund in FY 2013-2014. PURPOSE: The service agreement will cover regular maintenance of the chillers, the chiller drives, the pumps and cooling towers and all related repairs for the covered equipment. BACKGROUND AND FINDINGS: Not applicable. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Facility Maintenance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $340,199.48 $249,328.00 $589,527.48 Encumbered / Expended Amount $257,117.46 $257,117.46 This item $24,794.00 $249,328.00 $274,122.00 BALANCE $58,288.02 $58,288.02 Fund(s): Facility Maintenance Services Fund Comments: The $24,794 financial impact shown above represents six months of expenditures that will be encumbered through the end of this fiscal year. The remaining $249,328 represents fifty-four months of expenditures that will be requested during the normal FY 2014-2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: MARCH 18, 2014 ITEM DESCRIPTION TXMAS CONTRACT #6-840160 PRICE SHEET QTY UNIT Johnson Controls, Inc. Corpus Christi, Texas UNIT PRICE TOTAL PRICE 1. Service Agreement for Maintenance of City Hall HVAC System 1 LOT $274,122.00 $274,122.00 Grand Total $274,122.00 �O Fi NS,;(:)N CO FRIFF" FR OLE; ILAN N E D S -RV10E PR :o P SAL. MAS Planned Service Agreement .1 Customer Name: CITY OF CORPUS CHRISTI Service Location: CITY HALL Address: 1201 LEOPARD ST CORPUS CHRISTI TX 78401-2120 Proposal Date: 02/07/2014 Estimate #: 1-3B8XN57 Scope of Service Johnson Controls, Inc. ('JCI") and the Customer (collectively the 'Parties') agree Preventative Maintenance Services, as defined in Schedule A ("Services"), will be provided by JCI at the Customer's facility. This Planned Service Agreement, the Equipment List, Supplemental Price and Payment Terms, Terms and Conditions, and Schedules attached hereto and incorporated by this reference as if set forth fully herein (collectively the "Agreement"), cover the rights and obligations of both the Customer and JCI. Extended Service Options for Premium Coverage As the Premium Coverge is selected, on-site repair services to the equipmenwill be provided as specified in this Agreement for the equipment listed in the attached Equipment List. Extended Service means service performed outside JCI's normal business hours. Iri the case of this agreement the Extended Services are to be applied 24 hours per day / 7 days per week for covered equipment. [ Equipment List Only the equipmenlisted in the Equipment List wilbe covered as part of this Agreement. Any changes to the Equipment List must be agreed upon in writing by both Parties. Term / Automatic Renewal This Agreement takes effeconD401/2014and will continue until O381/2O1Q.regarded aothe "Original Term". Refrigerant Charges Refrigerant is not included under this Agreement and will be billed separately to the Customer by JCI. 2014Jmxnsn Commis Dostamer Confidential JohnsonJohnson Controls u in --p (Thiicen mkemmnkaoy.ormany other Media) wmxmut.the express womapermission of j^xnnonCantons, mc, „II 0, N ONCO ROLSE LA NE ” P RO P SAL. Price and Payment Terms MAS The total Contract Price for ][|'sServices during the 1st year ofthe Original Tennis$49,588.00. This amount will be paid to id in Quarterly installments, at the beginning of each billing quarter. Pricing for each subsequent year of a multiyear original term is set forth in the Supplemental Price and Payment Terms. All payments will be due and payable within 30 days of the date the City of Corpus Christi is in receipt of Johnson Controls invoice, and such timely payment by the City is a condition precedent to JCI's obligation to perform its Services. Consideration of the pricing submitted herein, is of the understanding that all tasking be awarded to York /Johnson Controls. Any task that may be removed from this scope that may affect the efficiency of another task is subject to price change. The research time to develop the tasking and scope herein is included in the pricing submitted in this proposal. The exchange of data and information contained in this proposal is considered to proprietary to the parties intended, as allowable by Iaw. Invoices will be sen0nthe following location: JCI US HVAC ES COMM Service Attn: Project Accounting LD35 507 Michigan Street Milwaukee, WI 53202 This proposal is valid for thirty days from the proposal date. JOHNSON CONTROLS, Inc. CITY OF CORPUS CHRISTI By: BRANT E. PATE By: PAUL PIERCE Signature: Signature: Title: ASSISTANT DIRECTOR OF Title: SENIOR ACCOUNT EXECUTIVE Date: 02/07/2014 FINANCIAL SERVICES Date: JCI Branch: Corpus Christi Service - 0649 Customer pm#: Address: 2209 N PADRE ISLAND DR STE F CORPUS CHRISTTX 78408-2261 Branch Phone: 361 289 9675 mn^Johnson Contro Johnson '01/ Controls nonot copy (povsio Hy„ ejectronicaDy, or any other media) wnmmfhmexpress wime`pam,ismonof�wnsonContrails, |nc AGENDA MEMORANDUM Future Item for the City Council Meeting of March 18, 2014 Action Item for the City Council Meeting of March 25, 2014 DATE: TO: February 27, 2014 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds(a�cctexas. com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Edward Byrne Memorial Justice Assistance Grant Program CAPTION: Resolution authorizing the submission of a grant application in the amount of $35,000 to the State of Texas, Criminal Justice Division for funding available under the Edward Byrne Memorial Justice Assistance Grant Program to automate Police training records; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. PURPOSE: Funding is available from the State of Texas, Criminal Justice Division, under the Edward Byrne Memorial Justice Assistance Grant Program that provides funds to reduce crime and improve the criminal justice system. BACKGROUND AND FINDINGS: Currently there is no automation of Police Training records or for the Field Training Officer (FTO) program. Both programs generate over 20,000 documents a year. Automation will provide for easier access, fewer errors, less staff research time, reduced costs for maintaining all documentation, enhanced ability to evaluate a police recruits progress through the FTO program, and numerous other advantages provided through automation. There is no City match and the grant period will be 10/1/2014 — 9/31/2015. ALTERNATIVES: None OTHER CONSIDERATIONS: 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 BALANCE Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Authorizing the City Manager, or designee, to submit a grant application in the amount of $35,000 to the State of Texas, Criminal Justice Division for funding available under the Edward Byrne Memorial Justice Assistance Grant Program to automate Police training records; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. BE IT RESOLVED BY THE C1TY COUNCIL OF THE C1TY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $35,000 to the State of Texas, Criminal Justice Division for funding available under the Edward Byrne Memorial Justice Assistance Grant Program to automate Police training records. SECTION 2. The City Manager, or designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Alien Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott AGENDA MEMORANDUM Future Item for the City Council Meeting of March 18, 2014 Action Item for the City Council Meeting of March 25, 2014 DATE: TO: 2/24/2014 Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mo@cctexas. com 361-826-3460 Public Art for Oso Bay Learning Center and Wetland Preserve CAPTION: Motion authorizing the City Manager or designee to execute documents necessary to purchase sculpture created by artist Dixie Friend Gay for a work of permanent art created in steel and authorize disbursement of $100,000 from the Bond Fund 3292 for such purchase. PURPOSE: Authorize an artist agreement for permanent art for the Oso Bay Learning Center and Wetland Preserve as part of the City's public art program. BACKGROUND AND FINDINGS: Incorporated into the design of the entrance to the future Oso Bay Learning Center and Wetland Preserve, the proposed sculpture by artist Dixie Friend Gay will be a 20' high blue heron fabricated out of weathered steel. The proposal was unanimously approved by the Arts and Cultural Commission at their January 14, 2014 regular meeting. ALTERNATIVES: Do not approve purchase of artwork. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: This project is being funded according to Public Art Policies and Guidelines. These policies and guidelines were passed by the City Council on March 10, 1987. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 100,000 $ 100,000 Encumbered / Expended Amount This item BALANCE $ 100,000 $ 100,000 Fund(s): Parks & Rec 2010 GO (Bond 2008) Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Attachment—Concept drawing of artwork Artist Agreement Attachment — Concept Drawing Oso Bay Learning Center & Wetland Preserve - Public Art Estimated height - 20 feet Weathering steel Page 1 of 14 AGREEMENT FOR COMMISSION OF PUBLIC ART BETWEEN THE CITY OF CORPUS CHRISTI AND DIXIE FRIEND GAY FOR ARTWORK AT OSO BAY LEARNING CENTER AND WETLAND PRESERVE This agreement ("Agreement") is entered into by and between the City of Corpus Christi, Texas, a home -rule municipal corporation ("City"), acting through its duly authorized City Manager or the City Manager's designee ("City Manager") and Dixie Friend Gay of Houston, TX ("Artist"). WHEREAS, the City has allocated funds for the selection, purchase, and placement of a public work of art at, in, or near the selected site of the Oso Bay Learning Center and Wetland Preserve located at 2446 North Oso Bay Parkway, Corpus Christi, Texas ("Project Premises"); WHEREAS, Artist submitted a proposal to City's Arts and Cultural Commission ("Commission"); WHEREAS, the City and Artist wish to set out the terms and conditions under which the Artwork is to be designed, fabricated, and installed in order to promote the integrity of Artist' ideas and statements as represented in the artist's proposal and as represented by and in the completed Artwork; NOW, THEREFORE, the City and the Artist, for and in consideration of the covenants and agreements set out in this Agreement, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Preamble Language. The preamble language included above this initial numerated section is incorporated into this Agreement by reference and made a part of this Agreement for all intents and purposes. Section 2. Contract Administrator. The City's contract administrator for this Agreement is the City's Director of Parks and Recreation ("Director"). Section 3. Artwork. The City, through this Agreement, contracts with Artist to provide professional services in designing, constructing, finishing, transporting, and installing a permanent work of art created in weathering steel ("Artwork"). A representative design of the Artwork, including maquette, plans and specifications, will be approved by the Director and the Arts and Cultural Commission and will be attached to this Agreement as Exhibit A and incorporated in this Agreement by reference. The City and Artist acknowledge that Artist's preliminary design for the Artwork, currently attached to this Agreement as Exhibit A, had previously been reviewed and approved by the City's Arts and Cultural Commission ("Commission"), a commission whose members are appointed by the City's City Council ("City Council"). Section 4. Term of Agreement. This Agreement, excluding certain covenants that survive this Agreement including, but not limited to, Sections 17, 19(B), 22, 23, and 25, will expire upon the City's final payment to Artist as governed by Sections 5(B)(iv) and 8(C) of this Agreement. Page 2 of 14 Section 5. Compensation and Payment Schedule. A. The City will pay directly to Artist a fixed fee of $100,000.00, which is full compensation for all services to be performed and all materials to be furnished by Artist under this Agreement. The payment of compensation to Artist, at any time during the term of this Agreement, will not be deemed a waiver of any right of the City or acceptance, by the City, of defective performance by Artist. B. The fee will be paid in the following installments, each installment to represent full and final payment for all services and materials provided prior to the payment thereof: (i) $15,000.00 will be remitted by the City to the Artist within ten (10) working days of this Agreement being signed by both parties, (ii) $50,000.00 will be remitted by the City to the Artist within ten (10) working days of the maquette, plans and specifications being approved by the City (iii) $25,000.00 will be remitted by the City to the Artist within ten (10) working days of the Artwork being substantially completed in Artist's studio (iv) $10,000.00 within ten (10) working days of the Artwork being installed and Notice of Final Acceptance has been issued accepted Section 6. Fabrication of Artwork. Artist shall furnish all labor, tools, materials, machinery, equipment, and incidentals necessary for the execution of the Artwork, except the materials and labor for construction of the footing for the Artwork. Section 7. Completion of Artwork. The Artwork should be fully fabricated and ready for installation no later than 180 days after contract execution. Deviation from this deadline requires written notice to the City, but in no way shall fabrication and installation take more than 240 days. Section 8. Notice of Substantial Completion, Notice of Acceptance, and Notice of Final Acceptance. A. Director, or designee, shall inspect the Artwork maquette. Upon acceptance of the Artwork maquette, the City shall provide Artist with "Notice of Acceptance" and will issue payment to Artist, under Section 5(B)(ii) of this Agreement ("Notice of Acceptance"). Upon receipt of a deficiency notice, Artist will be given a reasonable time in which to correct all deficiencies noted by the City. Artist shall assume all costs associated with the correction of any deficiencies noted. Upon correction of all deficiencies, the City shall notify Artist in writing of the City's accepted arrival of the Artwork and issue a Notice of Acceptance. B. Artist shall send to Director a written notice of substantial completion ("Notice of Substantial Completion") when the Artwork has been substantially completed in accordance with the plans and specifications described in Exhibit A and will issue payment to Artist, under Section 5(B)(iii) of this Agreement. C. Upon installation of the Artwork and site cleanup, the City shall notify Artist in writing of its final acceptance ("Notice of Final Acceptance") of the Artwork and will issue payment to Artist, under Section 5(B)(iv) of this Agreement. Final acceptance shall not Page 3 of 14 be unreasonably withheld. Site cleanup shall consist of Artist cleaning and removing from the installation site all surplus and discarded materials, temporary structures, and debris of every kind occasioned by Artist's installation work in order to leave the installation site in a clean and orderly condition, substantially the same as that which originally existed. Section 9. Installation of the Artwork. Artist shall provide plans and specifications for installation of the Artwork. Artist will also be contractually responsible for all completion costs associated with construction and installation of the Artwork. Artist shall be contractually responsible for the physical installation of the Artwork and all completion costs associated with the installation of the Artwork at the Project Premises, in compliance with the project's design firm. Section 10. Artwork Maintenance Instructions. Artist shall submit, within fourteen (14) days after installation of the Artwork, instructions regarding routine maintenance required for each component of the Artwork. Section 11. Work Standards. All fabrication work must be performed in a good and workmanlike manner and in accordance with the plans and specifications in Exhibit A. Section 12. Taxes. A. The City is a tax-exempt organization and no State of Texas or local sales taxes are due upon the Artwork by the City. The City shall supply Artist with a copy of the Texas Sales Tax Exemption Certificate ("Texas Certificate"). The City does not warrant that the Texas Certificate will be acceptable in any other jurisdiction outside the boundaries of Texas for tax-exempt purchases of materials or supplies to be used for the Artwork. B. Artist is solely responsible for the payment of any and all taxes that may become due to any taxing authority, agency, or entity with respect to services provided by Artist or with the Artwork that is the subject of this Agreement. This provision survives the expiration or earlier termination of this Agreement. C. Artist shall pay, before delinquency: all taxes, levies, and assessments arising from Artist' activities and undertakings pursuant to this Agreement; taxes levied on Artist' art studio and any improvements on the studio property or other place used for the fabrication and completion of the Artwork; taxes levied on Artist' equipment, tools, and machinery; and taxes levied on Artist' interest in this Agreement. Section 13. No Assignment of Work Without Authorization. The work and services required of Artist under this Agreement are personal to Artist and may not be assigned, delegated, or transferred without the express, written approval of the City. This provision does not prohibit Artist from having the Artwork cast at an approved foundry or from employing qualified personnel to work under Artist' direct supervision and control with respect to the Artwork. Section 14. Review of Work in Progress. Upon reasonable, prior notice to Artist, the City's officers, employees, and agents must be allowed to make reasonable inspections and reviews of Artist' progress with respect to the Artwork. Page 4 of 14 Section 15. Insurance. A. Artist shall secure and maintain, during the term of this Agreement and at Artist's sole expense, the levels and types of insurance set out in Exhibit B, a copy of which is attached to this Agreement and incorporated in this Agreement by reference. B. Any subcontractors, if approved by the City, must secure and maintain the same levels and types of insurance shown in Exhibit B prior to performing any work related to this Agreement. C. Artist shall provide proof, by certificate of insurance meeting the limits and requirements set out in Exhibit B, to the City's Risk Manager and Director upon the execution of this Agreement. D. The certificate of insurance must name the City as an additional insured and must provide the City with at least 30 days written notice of cancellation, material change, or intent not to renew any insurance coverage required by Exhibit B. Section 16. Artist's Expenses. Artist shall be responsible for the payments of all mailings for submission to the City, including any required insurance certificates; shipping costs of the Artwork to the City; all costs of travel by Artist; all labor costs for Artist' employees; and all other costs, unless specifically excluded in this Agreement, that are necessary for the proper performance of the work, services, and obligations required by Artist under this Agreement. Section 17. Public Information by Artist. Artist shall acknowledge the City's role in purchasing the Artwork in all public presentations and written, printed, or electronic publications of the Artwork following the execution of this Agreement. This obligation of Artist survives the termination of this Agreement. Section 18. Independent Contractor; Lack of Contractual Authority. A. Artist shall perform all work and services under this Agreement as an independent contractor and not as an agent, representative, or employee of the City. B. This Agreement does not establish Artist as the agents or legal representatives of the City for any purpose whatsoever, and Artist are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of, or in the name of, the City or to bind the City in any manner whatsoever. Section 19. Title; Copyright and License to Reproduce. A. Title to the Artwork will pass to the City upon remittance of the final payment. B. City obtains the rights to graphically reproduce, through photography or otherwise, the image of the Artwork including, but not limited to, the Artwork proposal and all preliminary studies, and to authorize third parties to graphically reproduce, through photography or otherwise, any and all of the same as are desired by the City for any purpose deemed appropriate by the City Manager. On each municipal reproduction, Artist will be acknowledged, using designations provided by Artist, to be the creator of the original Page 5 of 14 Artwork depicted, provided that reproductions of any proposals and preliminary studies may not be identified as, or represented to be, the finished Artwork. The rights granted by this subsection survive the termination of this Agreement. Section 20. Risk of Loss. Artist shall take all measures reasonably necessary to protect the Artwork from loss or damage until Artist have completed delivery to the City of all materials that constitute and form the Artwork and ownership is transferred to the City. Artist shall obtain property insurance, as set out in Section 15 of this Agreement, for loss or damage of the materials paid for by the City while in Artist' possession and control. Section 21. Indemnification. To the extent allowed by Texas law, Artist ("Indemnitors") shall fully indemnify, save, and hold harmless the City and its officers, employees, and agents (collectively, "Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), property loss, or damage of any kind whatsoever, including dishonest, fraudulent, negligent, or criminal acts of the Indemnitor or the Indemnitor's employees, representatives, or agents, acting alone or in collusion with others, which may arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, Indemnitor's design, fabrication, installation, repair, restoration, or removal of the Artwork and any act or omission of the Indemnitor or of any agent or employee of Indemnitor pursuant to performance under the terms of this Agreement. The terms of this indemnification are effective regardless of whether the injury, damage, or loss is caused by the sole, contributory, or concurrent negligence of the Indemnitees or any of them individually. The Indemnitor covenants and agrees that, if the Indemnitee is made a party to any litigation against the Indemnitor or in any litigation commenced by any party other than Indemnitor relating to this Agreement, Indemnitor shall, upon receipt of reasonable notice regarding commencement of litigation and at his/her own expense, investigate all these claims and demands, attend to their settlement or other disposition, defend Indemnitee in all actions based thereon with counsel satisfactory to the Indemnitee, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, claim, demand, or action. No liability attaches to the City by virtue of entering into this Agreement except as is expressly provided for under this Agreement. This provision survives the expiration or earlier termination of this Agreement. Section 22. Artist' Warranties. A. Warranty Against Defects. Artist warrants that the Artwork is designed to last for 20 years, and guarantees the Artwork against faulty material and workmanship, including inherent vice, for 1 year. The term "inherent vice" means a quality within the material(s) that compromise(s) the Artwork and, either alone or in combination, results in the tendency of the Artwork to destroy itself and its image. In the event of a claim by the City for faulty material or workmanship, Artist shall, at the City's option, remedy or pay for any loss or damage resulting from faulty material or workmanship that occurs or appears after the date the City issues a Notice of Final Acceptance of the Artwork. The City shall give written notice with reasonable promptness to Artist regarding observed defects in the Artwork that occur or appear. Nothing contained in this Agreement or any action whatsoever by the City constitutes an acceptance of work not done in accordance with the provisions of this Agreement or relieves Artist of liability or responsibility for faulty material or workmanship. This provision survives the expiration of this Agreement. Page 6 of 14 B. Warranty of Title. Artist warrants and guarantees that, upon the City's final remittance of payment to Artist, the City acquires good title to the Artwork and that the Artwork is free from any and all claims, liens, and charges of and by any person or entity including, but not limited to, all employees and suppliers of Artist. This provision survives the expiration of this Agreement. Section 23. Collection Management. A. The City reserves the right to manage its collection of art, including the Artwork, consistent with all applicable laws, the City's Charter, ordinances, and municipal policies. The City, through this Agreement, is commissioning and purchasing a work of public art, and the City shall determine the Artwork's placement at the Project Premises. This reservation of rights survives the expiration of this Agreement. B. The City reserves the right to manage its buildings, facilities, and public sites for public purposes and, in doing so, may determine that it is necessary to relocate or remove the Artwork or modify the site in or on which it is located. This reservation of rights by the City survives the expiration of this Agreement. Section 24. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, and riots or interference by civil or military authorities. Artist shall inform the City in writing and submit proof of force majeure within three (3) business days of the event or occurrence of force majeure. Artist' failure to inform and submit proof to the City of force majeure constitutes a waiver of this right as a defense. The failures or delays to perform extend the period of performance until these exigencies have been removed. Section 25. Survival of Terms. Termination or expiration of this Agreement for any reason does not release either party from any liabilities or obligations set forth in this Agreement that: 1) the parties have expressly agreed survive the termination or expiration; 2) remain to be performed; or 3) by their nature would be intended to be applicable following the termination or expiration. Section 26. Non -Discrimination. Artist shall not discriminate or permit discrimination against any person or group of persons, as to employment or in the performance of services under this Agreement, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The Director retains the right to take the action as the United States may direct to enforce this non- discrimination covenant. Section 27. Compliance with Laws. A. Artist must comply with all applicable Federal, State, and local government laws, rules, regulations, and ordinances that may be relevant or applicable to Artist' performance under this Agreement. B. This Agreement is also subject to applicable provisions of the City's Charter. Page 7 of 14 Section 28. Venue. All actions brought to enforce compliance with this Agreement must be brought in Nueces County, Texas, where this Agreement was executed and will be performed. Section 29. Interpretation. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 30. Notice. A. All notices, demands, requests, or replies provided for or permitted, under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; (5) by fax transmission; or (6) e-mail. B. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service in the manner described above will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax or e-mail will be deemed effective upon transmission with proof of delivery to the receiving party. All communications must only be made to the following: IF TO CITY: City of Corpus Christi — Parks and Recreation Attn: Michael Morris, Director 1201 Leopard; 3rd Floor P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 880-3464 (361) 880-3864 Fax M ichael Moa_cctexas. com IF TO ARTIST: Dixie Friend Gay 1901 West 14th Houston, Texas 77008 (713)868-7435 dfqa dixiefriendgay. com C. Either party may change the address to which notice is sent by using a method set out above. Artist shall notify City of an address change within ten (10) days after the address is changed. Section 31. Mechanics and Materialman's Liens. Artist must not allow the Artwork to be encumbered by any notice of intention to file a mechanic or materialman's lien or by the filing of a mechanic or materialman's lien. In the event that any notice of intention to file a mechanic or materialman's lien is received by Artist or a mechanic or materialman's lien is filed against the Artwork purporting to be for labor or materials, Artist must discharge the same within ten (10) days of the notice or filing. Section 32. Disputes. Any disputes concerning Artist' performance of this Agreement that are not disposed of by agreement between Artist and the Director will be referred to the City Manager or the City Manager's designated representative. If these persons do not agree upon a decision within a reasonable period of time not to exceed forty-five (45) days, the parties may pursue other legal rights and remedies to resolve the disputes. Page 8 of 14 Section 33. Modification or Amendment. No modification or amendment of any of the terms of this Agreement will be effective unless the modification or amendment is in writing and signed by an authorized representative of each of the parties to this Agreement. Section 34. Waiver. A. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights under this Agreement. B. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, will be taken to constitute a waiver of any subsequent breach of the covenant or condition nor will justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition of this Agreement. C. If any action by Artist requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same action or any other action on any other occasion. D. Any waiver or indulgence of Artist' default of any provision of this Agreement will not be considered an estoppel against the City. It is expressly understood that, if at any time Artist are in default in any of its conditions or covenants of this Agreement, the failure on the part of the City to promptly avail itself of said rights and remedies that the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies allowed under this Agreement, in law, or in equity. E. Any waiver or indulgence of the City's default of any provision of the Agreement will not be considered an estoppel against the Artist. It is expressly understood that, if at any time the City is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Artist to promptly avail themselves of said rights and remedies that the Artist may have will not be considered a waiver on the part of the Artist, but the Artist may at any time avail themselves of said rights or remedies allowed under this Agreement, in law, or in equity. Section 35. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, in lieu of each illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to Page 9 of 14 the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 36. Acknowledgment and Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Agreement. By Artist' execution of this Agreement, Artist agree to be bound by the terms, covenants, and conditions contained in this Agreement. By agreement of the parties, any ambiguities in this Agreement may not be construed against the drafter. Section 37. Captions. The captions utilized in this Agreement are for convenience only and do not in any way limit or amplify the terms or provisions of this Agreement. Section 38. Disclosure of Interests. Artist further covenant and agree, in compliance with the City Code of Ordinances, Section 2-349, as amended, to complete the Disclosure of Interest form that is attached to this Agreement as Exhibit C and that is incorporated by reference into this Agreement. Section 39. Executory Agreement. This Agreement is not considered valid until signed by authorized representatives of each of the parties and approved by the City Council. Section 40. Entire Agreement. No verbal agreements or conversations between any officer, employee, or agent of the City and Artist or Artist' agent prior to the execution of this Agreement affect or modify any of the terms or obligations contained in this Agreement. Any verbal agreements or conversations prior to execution of this Agreement are considered unofficial information and in no way binding on either party. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and Artist for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Agreement, unless contained in this Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Artist' performance under this Agreement. EXECUTED IN DUPLICATE, each of which will be considered an original, on this the day of , 2014. ATTEST: CITY OF CORPUS CHRISTI Susan Thorpe Assistant City Manager Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM 2014 Douglas K. DeFratus, Assistant City Attorney STATE OF TEXAS COUNTY OF t4Arris This instrument was acknowledged before me on FeJobu-APPY Friend Gay. 47Vrecrreto 144.4fie Seal: Notary Public, State of Texas 51b1 12017 My Commission Expires LIST OF ATTACHED EXHIBITS Exhibit A: Artwork Plans and Specifications Exhibit B: Insurance Requirements Exhibit C: Artist's Disclosure of Interest 11 Page 10 of 14 , 2014, by Dixie LIMA TORRES MONTOYA My Commission Expires May 31, 2017 Alt3eltiu.tr. Mon+oy Notary's Printed Name EXHIBIT A DIXIIE, FRIEND GAY 10/18/20112 Page 11 of 14 Page 12 of 14 EXHIBIT B I. ARTIST'S INSURANCE REQUIRMENTS A. Artist must not transport the Artwork from the Artist's studio or install the Artwork on site until all insurance required herein has been obtained and such insurance has been approved by the City. Artist must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Artist must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of non -renewal, material change or termination and a 10 day written notice of cancellation is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Fire Damage $500,000 Per occurrence AUTOMOBILE LIABILITY FOR OWNED, NON- OWNED OR RENTED VEHICLES $50,000 COMBINED SINGLE LIMIT OR EQUIVALENT TRANSPORTATION / INSTALLATION INSURANCE To be provided by person or entity providing the transportation and installation of the artwork 1. During the transportation to and installation of the artwork at the Site In amounts sufficient to cover the replacement cost of the artwork C. In the event of accidents of any kind, Artist must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. Page 13 of 14 II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". • The name of the project must be listed under "Description of Operations". • At a minimum, a 30 -day written notice of material change, non -renewal or termination and a 10 day written notice of cancellation is required. B. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-(7) are included or excluded. 2014 Insurance Requirements Parks & Recreation Department — Oso Bay Park Learning Center Artwork Project 11/14/2013 ds Risk Management Page 14 of 14 EXHIBIT C I. DISCLOSURE OF INTERESTS A. In accordance with City Code of Ordinances, Section 2-349 ARTIST shall list all city employees, official, and board member having an ownership interest in ARTIST' business constituting three (3) per cent or more; or having any pecuniary interest in the transaction or property which is the subject of this contract in the space provided below (Attach additional sheet if necessary). B. If no city employees, officials, or board members have any ownership interest in ARTIST business, nor have any pecuniary interest in the transaction or property which is the subject of this contract, ARTIST shall initial the appropriate space provided below. City Employee, Official or Board Member Name No city employee, official, or board member has an ownership interest in ARTIST' business constituting three (3) per cent or more; nor does any city employee, official, or board member have a pecuniary interest in the transaction or property which is the subject of this contract. AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of March 18, 2014 Action Agenda Item for the City Council Meeting of March 25, 2014 DATE: February 26, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-1874 FROM: Daniel Biles, P. E., Executive Director, Public Works danb@cctexas.com (361) 826-3729 Amendment No. 1 to Architectural Design Contract Fleet Maintenance Heavy Equipment Shop Roof CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC from Corpus Christi, Texas in the amount of $34,620, for a total re -stated fee of $59,070, for Fleet Maintenance Heavy Equipment Shop Roof for the design, bid, and construction phase services. BOND ISSUE 2012 PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC for Fleet Maintenance Heavy Equipment Shop Roof Project so design work may begin. BACKGROUND AND FINDINGS: The engineering services of this project consist of Phase 1 Engineering Inspection and Phase 2 Engineering Design. Phase 1 Engineering Inspection Report aimed to evaluate the status of roof structure and determine engineering measures needed for roof improvements/replacement through site inspection and survey, which was complete in December 2013. Based on the determination of the Phase 1 Engineering Inspection Report, the scope of work of Phase 2 includes the following: 1. Replace existing light fixtures in maintenance bays; 2. Replace existing water damaged suspended acoustical ceilings in office areas; 3. Repair or replace the existing damaged sheet metal wall panels, and 4. Replace the existing sheet metal roof system. The proposed Amendment No. 1 allows Solka Nava Torno, LLC, to move forward to Phase 2 Engineering Design. The construction of this project will go through Job Order Contract (JOC) Program. ALTERNATIVES: 1. Authorize execution of Amendment No. 1. 2. Do not authorize execution of Amendment No. 1. (Not recommended) OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 3 Service Center Complex Improvements. Solka Nava Torno, LLC of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012-03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. Solka Nava Torno, LLC was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CONFORMITY TO CITY POLICY: The Architectural Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Fleet Maintenance FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $350,000.00 $0.00 $350,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $34,620.00 $0.00 $34,620.00 Future Anticipated Expenditures $0.00 $315,380.00 $0.00 $315,380.00 BALANCE $0.00 $0.00 $0.0 $0.00 Fund(s): Public Facility Bond Issue 2012. COMMENTS: Not applicable. RECOMMENDATION: City Staff recommends the approval of Amendment No. 1 to the Architectural Design Contract with Solka Nava Torno, LLC so design may be completed by the end of August 2014. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 1 Presentation PROJECT BUDGET Fleet Maintenance Heavy Equipment Shop Roof BOND ISSUE 2012 FUNDS AVAILABLE: Public Facility Bond 2012 CIP................................................................................. $350,000.00 TOTAL.. $350,000.00 FUNDS REQUIRED: Construction (preliminary estimate)......................................................................... $265,372.00 Design Fees: Design Architect (Solka Nava Torno, LLC) (authorized services) 59,070.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)....................................... 3,619.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services).............................. 15,304.00 Finance............................................................................................................. 3,619.00 Misc. (Printing, Advertising, etc.)............................................................................. 3,016.00 TOTAL.. $350,000.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 1 411 PROJECT LOCATION Fleet Maintenance Heavy Equipment Shop Roof anaanananana �1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111 PROJECT #E12113 LOCATION MAP NOT TO SCALE Fleet Maintenance Heavy Equipment Shop Roof (E12113) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF ENGINEERING SERVICES PAGE 1OF1 = AMENDMENT NO. 1 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Solka Nava Torno LLC agree to the following amendment to the Contract for Professional Services for Fleet Maintenance Heavy Equipment Shop Roof (Project No. E12113) BOND ISSUE 2012, as authorized and amended by: Original Agreement April 101 2013 Administrative Approval $24,450.00 Exhibit "A", Section A. Basic Services, shall be modified to include Design Phase Services and JOC RFP Phase as specified in Amendment No, 1 Exhibit "K. Exhibit "A", Section B. Additional Services, shall be modified to include Windstorm Certification, Construction Observation (Project Representation), and Warranty Phase as specified in Amendment No. 1 Exhibit "A°. Exhibit "A", Project Schedule, shall be modified as specified in the attached Amendment No. 1 Exhibit "A", Project Schedule. Exhibit "A", Section C. Fee Summary, shall be modified as specified in Amendment No. 1 Exhibit "B" Summary of Fees for a fee not to exceed $34,620.00 (Thirty Four Thousand Six Hundred Twenty Dollars and Zero Cents), for a total restated fee not to exceed g9,070.00 (Fifty Nine Thousand Seventy Dollars and Zero Centsj. Monthly invoices shall be submitted in accordance with Exhibit "C". The ARCHITECT agrees to indemnify, save harmless and defend the "CITY", and it's agents, servants, and employees as more fully set forth in Exhibit "D", All other terms and conditions of the April 10, 2013 contract and amendments between the City and Solka Nava Torno, LLC will remain in full force and effect. CITY OF CORPUS CHRISTI SO Gustavo Gonzalez, P.E., Assistant City Manager for Public Works & Utilities RECOMMENDED (Date) Daniel Biles, P.E., (Date) Executive Director of Public Works Operating Department (Date) Glen Ray Torno, A A, Project Architect 6262 Weber Road, Suite 310 Corpus Christi, TX 78413 (361) 854-1471 Office (361) 854-1470 Fax AMEND. NO. Pagel of 2 KAENGINEERING DATAEXCHANGEWELMAPPUBLIC FACUTIES4i12113 FLEET MAINTENANCE HEAVY EQUIPMENT SHOP ROOF BOND ISSUE 2012VkMENDMENT NO l'AMENDMENT NO 1 00CS5AMENDMENT NO. 1 FLEET MAINTENANCE HEAVY EQUIPMENT SHOP ROOF DOCX APPROVED Office of Management and Budget (Date) ATTEST City Secretary Project No: E12113 Fund Source No550950-3162-00000-E12113 Fund Name: Public Facility 2.013 GO Bond 2012 Encumbrance No: E12113ASO : IF: 77 ID c) ,1n JJ„,"„,) Jr,„or AMEND. NO. 1 Page 2 of 2 KAENG1NEERING DATAEXCHANGEWELMAPPUBL6C FACLITIESIE12113 FLEET MAINTENANCE HEAVY EQUIPMENT SHOP ROOF BOND ISSUE 2012lAMENDMENT NO 1LAMENDMENT NO 1 DOCSIAMENDMENT NO. t - FLEET MAPITENANCE HEAVY EQUIPMENT SHOP ROOF DOCX St �nVETaMO0 ‘ENI te 6262 Weber Rd. Suite 310 Corpus Christi, Texas 78413-4031 p: 361-854-1471 f: 361-854-1470 www.sntarchitects.com PROJECT E12113: Fleet Maintenance Heavy Equipment Shop Roof (Bond 2012) A/E Service Fee Proposal (Revised 01/29/2014) (Revised 02110/2014) Project Scope Based on the determination of the Phase I Final Report, the Phase 2 project scope is defined as follows: 1. Replace existing light fixtures in maintenance bays. (Note: It was decided in Project Review Meeting to eliminate the gas-fired unit heaters suspended from the roof). 2. Replace existing water damaged suspended acoustical ceilings in office areas. 3. Provide miscellaneous repairs or replacement of existing damaged sheet metal wall panels. 4. Provide complete tear -off and replacement of existing sheet metal roof system over entire building, structural bay by structural bay. Repair or replace damaged purlins and roof insulation system. Total Project Budget (Bond Amount) - Assumed Construction Cost Budget Amount - Estimate of Probable Construction Cost - $350,000.00 $280,000.00 $241,248.00 Project Delivery is expected to be by Job Order Contractor (J.O.C.) Task List — Phase 2 1. Meet with Users and investigate codes and similar facilities to determine the level of compliance required to allow the building shop to perform maintenance on CNG fueled vehicles. 2. Provide additional field investigation to determine as -built conditions of the building's exterior envelope and interior components. 3. Provide additional inspections and investigation by MEP consultants to determine as -built conditions for lighting, power and ventilation. 4. Prepare plans and details to define the roofing and skylight replacement requirements. 5. Prepare specifications to define project material requirements. 6. Provide front-end documentation for JOC procurement. 7. Provide structural design of new roof replacement structural elements and sheet metal roofing (Note: Windstorm inspections during construction and certification to TDI are additional services). 8. Prepare plans, details and schedules to define the requirements for replacement lighting, power and heating components. 9. Coordinate with the Users and J.O.C. to determine construction phasing. 10. Coordinate with the Users, Engineering Department and J.O.C. to obtain pricing. J:11305.0111481fee Proposal (Revised) -E12113 does Erasmo Nava, AIA Glen Ray Tomo, AIA Jay Porterfield, AIA AMEND. NO. 1 EXHIBIT "A" Page 1 of 3 A/E Services Fee Proposal — Phase 2 For services authorized by the Director of Engineering Services, the City will pay the A/E a fixed fee as per the table below. All fees for Additional Services are unauthorized at this time, requiring written authorization by the Director of Engineering. Summary of Fees A. Basic Services Fees 1. Preliminary Phase (Completed) 2. Design Phase 23,180.00 3. JOC RFP Phase 1,200.00 Subtotal Basic Services Fees 24,380.00 B. Additional Services Fees 1. Windstorm Certification 4,640.00 2. Project Representation 4,800.00 3. Warranty Phase 800.00 Sub -Total Additional Services Fees 10,240.00 Total Fee 34,620.00 Schedule: Refer Attached Signed: Erasmo Nava, AIA en Ray Torno, Vice -President J:U305.0111401Fee Proposal (Revised)-E12113.docx Gen Ray Tomo, AIA Jay Porterfield, AIA AMEND. NO. 1 EXHIBIT "A" Page 2 of 3 CliS 6262 Weber R. Suite 310 Corpus Christi, Texas 78413-4031 p: 361-854-1471 f: 361-854-1470 www.sntarchttects.com PROJECT E12113: FLEET MAINTENANCE HEAVY EQUIPMENT SHOP ROOF (BOND 2012) CITY OF CORPUS CHRSITI PROJECT DELIVERY SCHEDULE 01/29/2014 Revised 02/26/2014 DATE DAY ACTIVITY 12/13/13 Friday Sub ' Original Phase 2 Fee Proposal 01/20/14 Monday Meet with Engineering and Users to Confirm Project Scope and Discuss Fees 01/29/14 Wednesday Submit Proposed Project Delivery Schedule 03/25/14 Tuesday Receive Contract, Purchase Order and Authorization to Proceed 05/23/14 Friday Submit Pre -Final Project Documents 06/27/14 Friday Pre -Final Review Meeting 07/11/14 Friday Submit Final Documents 08/08/14 Friday Final Review Meeting 09/11/14 Thursday Issue Final Plans/Specs for JOC RFP 10/09/14 Thursday Approve JOC Contract 12/11/14 Thursday Issue JOC Notice to Proceed Construction Complete 05/29/15 Friday Erasmo Nava, AIA Glen Ray Torno, AIA Jay Porterfield, AIA AMEND. NO. EXHIBIT "A" Page 3 of 3 Fleet Maintenance Heavy Equipment Shop Roof Project No. E12113 Bond Issue 2012 Summary of Fees AMEND. NO. 1 EXHIBIT "B" Page 1 of 1 ORIGINAL CONTRACT AMEND. NO.1 TOTAL FEE Basic Services Fees 1 Preliminary Phase $24,450.00 $0.00 $24,450.00 2 Design Phase 0.00 23,180.00 23,180.00 3 JOC RFP Phase 0.00 1,200.00 1,200.00 Subtotal Basic Services 24,450.00 24,380.00 48,830.00 Additional Services 1 Windstorm Certification 0.00 4,640.00 4,640.00 2 Construction Observation (Project Representation) 0.00 4,800.00 4,800.00 3 Warranty Phase 0.00 800.00 800.00 Subtotal Additional Services 0.00 10,240.00 10,240.00 Total Fee $24,450.00 $34,620.00 $59,070.00 Admin Approval 04/10/13 M2014- 03/25/14 AMEND. NO. 1 EXHIBIT "B" Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees CD 0 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Total Contract Amd No. 1 Amd No. 2 Contract Amount Previous Total Percent Complete Invoiced Invoice Invoice $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Sample form for: Payment Request Revised 07/27/00 EXHIBIT "D" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR ANE PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, non -renewal or material change required on all certificates Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included 1. Owned vehicles 2.. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 J-tGEN VELMAPIFORMSW EWFORMSVNDEMNIFICATIONUNDEMNIFICATION LARGE AE EXHIBIT B -OCT 2010.docx C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not Tess than ten (10) calendar days advance written notice for nonpayment of premium. JAGEN VELMAPIFORMSWEWFORMSIINDEMNIFICATIONIINDEMNIFICATION LARGE AE EXHIBIT B OCT 2010.doox H. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. JiGEN VEL.MAPIFORMSINEWFORMSUNDEMNIFICATIONUNDEMNLFICATION LARGE AE EXHIBIT B -OCT 2010.daa SUP.PLIER NUMBER. TO 1313 .ASSIGNED IWCITY PURCHASINCE ENVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Chn.sti City of Corpus Christi Ordinance 17H2, as .amended, requiresa11 personsprfirms.....seekirigjodo_ business withthe City, to proyidgtbi.fo,, '43;ggitriii0011Wit KflittiMatiLm ib 4*tio is not'iiAtAiti See reverse skle for Filing Requirements„ Certifications and definitions. COMPANY NAME: Solka Nava Torno P. 0. BOX:, STREET ADDRESS: 6262 Weber Road, Suite 310 CITY: Corpus Christi Z.1. „ ; 78413 I. Corporation 2. Partnership 4. Association 5 Other 3. Sole Owner 0 DISCLOSURE QUESTIONS additional space is necessary, please use the reverse side of this page or attach separate sheet. ;pState the names of each -employee" of the City of Corpus Christi having an "ownership interest" constit ing 3% or more of the ownership in the above natned "firm." Name Job Title and City Department (ifknown) A 44 State the names of each -official- of the City of Corpus Christi having an "ownership interest" constituting 3% more of the ownership in the above named "firm." Name Title State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituti g 3% or more oldie ownership in the above named "firm." Name N Board, Commission or Committee 4 State the names of each employee or officer of a -consultant- for the City of Corpus Christi c who worked on any matter related to the subject of this contract and has an "ownership interest" eonstitutin 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official acion on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body, that has been requested to act in the 'natter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Glen Ray Tor (Tp e or Print) Title: A. 1. A. DEMI' ..OM a. -Board member.- A member of any board, commission, or committee appointed by the City Council of the City ofCorpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. -Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official.- The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firin, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings, or control established .through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or .firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional, consultation and recommendation. Fleet Maintenance Heavy Equipment Shop Roof Bond Issue 2012 Corpus Chr sti Capital Programs Council Presentation March 18, 2014 Project Scope PROJECT LOCATION Fleet Maintenance Heavy Equipment Shop Roof (E12113) Corpus Chr`sti Capital Programs .cctexas.com 2 Project Schedule Corpus Chr'sti Capital Programs Approve JOC Contract Projected Schedule reflects approval of JOC Contract in October 2014 with anticipated construction completion in May 2015. .cctexas.com 3 Project Cost Corpus Chr'sti Capital Programs FUNDS AVAILABLE: Public Facility Bond 212 CIP $350,000.00 TOTAL $350,000.00 FUNDS REQUIRED: Construction (preliminary estimate) $265,372.00 Design Fees: Design Architect (Solka Nava Torno, LLC) (authorized services) 59,070.00 Reimbursements 25,558.00 TOTAL $350,000.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 .cctexas.com 4 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of March 18, 2014 Action Agenda Item for the City Council Meeting of March 25, 2014 DATE: February 26, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-1874 FROM: Daniel Biles, P. E., Executive Director, Public Works danb@cctexas.com (361) 826-3729 Amendment No. 1 to Architectural Design Contract Museum Roof Replacement CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC from Corpus Christi, Texas in the amount of $81,450, for a total re -stated fee of $130,040, for Museum Roof Replacement for the design, bid, and construction phase services. BOND ISSUE 2012. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC for Museum Roof Replacement Project so design work may begin. BACKGROUND AND FINDINGS: The engineering services of this project consist of Phase 1 Engineering Inspection and Phase 2 Detailed Engineering Services. Phase 1 Engineering Inspection aimed to evaluate the existing status of roof structure and determine the engineering measures for roof improvements/replacement through site inspection and survey, which was complete in December 2013. Based on the findings of the Phase 1 Engineering Inspection Report, the scope of this amendment contract includes the following: 1. Replace the entire existing Museum deteriorated roof system including insulation, multi -layer membrane, base and parapet flashing, sheet metal flashing and parapet caps and other related roofing components and accessories on all 11 independent roof section areas of the building with a new 20 year warrantied two-ply white mineral granule surfaced modified bitumen roof system. 2. Replace the roof -mounted HVAC unit and external ductwork serving the Discovery Dome as well as various other defective roof -mounted equipment such as exhaust fans, fresh air intakes and gravity vents. 3. Replace the existing two-story high exterior glass curtain wall in the Children's Area with a windstorm impact -resistant compliant aluminum and glass curtain wall system. The proposed Amendment No. 1 allows Solka Nava Torno, LLC, to move forward to Phase 2 Engineering Design. ALTERNATIVES: 1. Authorize execution of Amendment No. 1. 2. Do not authorize execution of Amendment No. 1. (Not recommended) OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 5 Museum and Library Improvements. Solka Nava Torno, LLC of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012-03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. Solka Nava Torno, LLC was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CONFORMITY TO CITY POLICY: The Architectural Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Tourism Department (Museum) FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $1,600,000.00 $0.00 $1,600,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $81,450.00 $0.00 $81,450.00 Future Anticipated Expenditures $0.00 $1,518,550.00 $0.00 $1,518,550.00 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Public Facility Bond Issue 2012. COMMENTS: Not applicable. RECOMMENDATION: City Staff recommends the approval of Amendment No. 1 to the Architectural Design Contract with Solka Nava Torno, LLC so design may be completed by the end of August 2014. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 1 Presentation PROJECT BUDGET Museum Roof Replacement BOND ISSUE 2012 FUNDS AVAILABLE: Public Facility Bond 2012 CIP................................................................................. $1,600,000.00 TOTAL.. $1,600,000.00 FUNDS REQUIRED: Construction (with 10% contingency) (preliminary estimate).......................................... $1,408,000.00 Design Fees: Design Architect (Solka Nava Torno, LLC) (authorized services) Materials Testing (Estimate)................................................ 130,040.00 10, 000.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)....................................... 7,040.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services).............................. 30,860.00 Finance............................................................................................................. 7,040.00 Misc. (Printing, Advertising, etc.)............................................................................. 7,020.00 TOTAL.. $1,600,000.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 1I1IIII II Ilf1 plq 1I001110 110000 1111 uo ,111111111 j�1I1I�IIIYdIl,,,' , rll)I�I 01',$10,.INS MM luiill' IIIIIIP I akmr9° PROJECT LOCATION Museum Roof Replacement iiiiIIIllllllllllluoii11lll1l;;;;;;;!IIIII,�,""�'' Illli]IIIIII1( ulllllpioiil11111lVlil!lih�jlll � �� II re1 IIruou1Voad IIS' tl111111iIIII �� Yluuror,,h, uuuuuuuwiiiiiiuuuu ';.' IQ 1101111111111 111111 III lluulllllllllllllllll Idllllli „ II I,IIIIII,'IIIIIIIIIVII uiiii 1111llllluu IIpllllll 1puuuullul111111ll1l uuuuuulUIIIIIIIIIIUIIIIIIIIIIIIIIuiii luiilllllllll�lllllll Yllllllljllllll IIIIIII�NIIIIN'1�II�llpplllllll Illlllulmuull!!��l Ill�llllk;rlll;lllll 11111 mum m Viii mllu m u IIIII uuuu ., pll II 111UIIIIIIIIIIIIIIIIIII(1,11 llmlm IIII �III IIIIIIIIIIIIIIIIIIIIIIlmmllilllmIlllI11 llill1llll1111l11l111111ll "1111111011111111,IN ill llllill611111111111 l III III l u l� iiiiiii 1111111 9111�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII°IIII'II I,.!uiiiiiVIIIINIIIIIII i I IIYII II;,vu II "liuuulluuuuu 010111�11111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIhIIIIIhIII,jiiilUllllllllllllulrl +III, i111 °"'iI'LIII!I '!'..,l,y,y,y,y,y,ld Illru IIIliii11611um� 111111111111, I IP;lii, IllN H.1111111111111uuunumi um,,, ° °I'Illl 1 „q11uoggq uuuuw°; i' III1,1„1,,1„11,1101111111111,11,11,1111111111,11111111 V11111111Illllllllluulllllll111111 llligll uuuullompmluluuiuuiuuulu 111111VIIIulI1III1 11111111111111 1111111111111 IliiiiuuuuliiuVlll PROJECT #E12120 LOCATION MAP NOT TO SCALE Museum Roof Replacement (E12120) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF ENGINEERING SERVICES PAGE 1OF1 mmow; AMENDMENT NO. 1 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Solka Nava Torno, LLC agree to the following amendment to the Contract for Professional Services for Museum Roof Replacement (Project No. E12120) BOND ISSUE 2012, as authorized and amended by: Original Agreement April 10, 2013 Administrative Approval $48,590.00 Exhibit "A", Section A. Basic Services, shall be modified to include Design Phase Services, Bid Phase Services, and Construction Phase Services as specified in Amendment No. 1 Exhibit "A". Exhibit "A", Section B. Additional Services, shall be modified to include Windstorm Certification, Construction Observation (Project Representation), and Warranty Phase as specified in Amendment No. 1 Exhibit "A". Exhibit "A", Proiect Schedule, shall be modified as specified in the attached Amendment No. 1 Exhibit "A", Project Schedule. Exhibit "A", Section C. Fee Summary, shall be modified as specified in Amendment No. 1 Exhibit "B" Summary of Fees for a fee not to exceed $81,450.00 (Eighty One Thousand Four Hundred Fifty Dollars and Zero Cents), for a total restated fee not to exceed $130,040.00 (One Hundred Thirty Thousand Forty Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "C". The ARCHITECT agrees to indemnify, save harmless and defend the "CITY", and it's agents, servants, and employees as more fully set forth in Exhibit "D". All other terms and conditions of the April 10, 2013 contract and amendments between the City and Solka Nava Torno, LLC will remain in full force and effect. CITY OF CORPUS CHRISTI Gustavo Gonzalez, P.E., Assistant City Manager for Public Works & Utilities RECOMMENDED (Date) Daniel Biles, P.E., (Date) Executive Director of Public Works Operating Department (Date) Glen Ray Tor o, AI Project Architect 6262 Weber Road, Suite 310 Corpus Christi, TX 78413 (361) 854-1471 Office (361) 854-1470 Fax AMEND. NO. 1 Page 1 of 2 KIENGINEERING DATAEXCHANGE\VELMAPIPUBLIC FACILITIES1E1212O MUSEUM ROOF REPLACEMENTAMENOMENT NO 11AMENOMENT NO 1 MUSEUM ROOF REPLACEMENT DOCX APPROVED Office of Management and Budget (Date) ATTEST City Secretary Project No: E12120 Fund Source No: 550950-3162-00000-E12120 Fund Name Public Facility 2013 GO Bond 2012 Encumbrance No: E12120ASO FEB 1 2014 KIENGINEERING DATAEXCHANGEWELMAPIPUBLIC FACILITIES%E12120 MUSEUM ROOF REPLACEMENTAMENDMENT NO 11AMENDMENT NO 1 MUSEUM ROOF REPLACEMENT DOCX 6262 weber Rd. Suite 310 Corpus Christi, Texas 78413-4031 p: 361-854-1471 f: 361-854-1470 www.sntarchitects.com January 27, 2014 Daniel Deng P. E. Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Subject: PROJECT E12120: Corpus Christi Museum Roof Replacement (Bond 2012) A/E Services Fee Proposal — Phase 2 Dear Daniel, In response to the Engineering Department Request, we are amending our A/E Services Fee Proposal previously submitted 12/13/2013 in order to conform to the example document format transmitted to us 01/21/2014. Project Scope: Based on the determination of the Phase 1 Final Report, the Phase 2 project scope is defined as follows: 1. Replace the entire existing Museum deteriorated roof system including Insulation, multi- layer membrane, base and parapet flashing, sheet metal flashing and parapet caps and other related roofing components and accessories on all 11 Independent roof section areas of the building with a new 20 year warrantied Iwo -ply white mineral granule surfaced modified bitumen roof system. 2. Replace the roof -mounted HVAC unit and external ductwork serving the Discovery Dome as well as various other defective roof -mounted equipment such as exhaust fans, fresh air intakes and gravity vents. 3. Replace the existing two-story high exterior glass curtain wall in the Children's Area with a windstorm impact -resistant compliant aluminum and glass curtain wall system. Total Project Budget (Bond Amount) - $1,600,000.00 Assumed Construction Cost Budget Amount - $1,280,000.00 Project Delivery is expected to be by Competitive Sealed Proposal. Complete design plans, City Standard Front End Documentation, Technical Specifications and Bid Documents will be required. A. Basic Services: 1. Preliminary Phase — Completed as Phase 1. 2. Design Phase Services (Bidding Documents) a. Attend one (1) project kick-off meeting after Engineering Department written Notice to Proceed. b. Provide Project Management services to ensure that the project deliverables provided meet the stakeholder requirements. c. Provide additional field investigation to document as -built condition of the various roof areas and roof components. Erasmo Nava, AIA Page 1 Glen Ray Tomo, AIA J:u3u8W A.E Services -Phase 2 - Et212fldocc Jay Porterfield, AIA AMEND. NO. 1 EXHIBIT "A" Pa'e1of6 d. Provide additional field investigation to determine the possibility of deterioration of the steel roof decking or structural components. e. Prepare detailed plans, specifications and bid documents to describe the requirements of the reroofing project, including phasing. f. Provide structural engineering design for roofing replacement project and for curtain wall replacement. (Note: Windstorm inspections during construction and certification to TDI are additional services). g. Provide mechanical and electrical engineering design to describe the requirements for replacement of roof -mounted HVAC equipment. h. Provide architectural and structural engineering services as required for design of the replacement aluminum and glass curtain wall system. (Note: Windstorm inspections during construction and certification to TDI are additional services). i. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the pre -final, and final complete plans and complete bid documents with specifications accurately reflect the project requirements and do not necessitate an excessive amount of revision and correction by City staff. j. Prepare one (1) set of PRE -FINAL and one (1) set of FINAL Contract and Bid 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 or for multiple bids, 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. Both packages will also be provided electronically in PDF and CAD formats. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. k. Following the City's review of the PRE -FINAL submittal package, Architect will assimilate all review comments and make the appropriate modifications and additions/deletions to the FINAL bid package. 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. I. Attend (1) one PRE -FINAL complete design meeting to review the contract and bidding documents. Attend (1) one FINAL complete design meeting to review the contract and bidding documents. Proposed Fee (Design Phase): $43,848.00 3. Bid Phase Services The Architect will provide the following bid phase services: a. Attend Pre -Bid Meeting b... Attend Bid Opening c. Review and prepare responses to RFI's d. Prepare addenda as needed for the project execution e. Prepare a bid evaluation and provide a written recommendation to the City Proposed Fee (Bid Phase): $2,740.00 Page 2 J:11306114B%Fee Proposal A-E Services- Phase 2 - E12120.docc Erasmo Nava, AIA Glen Ray Tomo, AIA Jay Porterfield, AIA AMEND. NO. 1 EXHIBIT "A" Page 2 of 6 4. Construction Phase Services The Architect will perform construction administration to include the following: a. Participate in Pre -Installation Conference b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. 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. d. Make periodic 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. e. Prepare change orders as authorized by the City. f. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. g. 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 within two (2) months of final acceptance of the project. Proposed Fee (Construction Phase): $8,222.00 Total Basic Services Fee: $54,810.00 B. Additional Services 1. Windstorm Engineering Windstorm Inspection and Certification Services will be required once the Project enters the Construction Phase. a. Provide services of a Texas Registered and Qualified Professional Windstorm Engineer to generate and file appropriate documentation with the Texas Department of Insurance while the Project is under construction, b. Engineer will review and approve shop drawings and submittals for conformance with Project requirements and TDI regulations. c. Engineer will visit the site at appropriate intervals and stages of construction to determine if the work is being performed in accordance to the contract documents and TDI regulations, d. Engineer will document his site visits and observations in form acceptable to TDI and Architect. e. At conclusion and final acceptance of the Project, Engineer will file appropriate and timely documentation with TDI to obtain valid WPI -8 windstorm certification form. Proposed Fee (Windstorm): $8,620.00 Page 3 J.1130811481Fee Proposal A-E Services - Phase 2 - E12120.docc Erasmo Nava, AIA Glen Ray Tomo, AIA Jay Porterfield, AIA AMEND. NO. 1 EXHIBIT "A" Pa.e3of6 2. Construction Observation (Project Representation) Through additional observations of Contractor's work in progress, the Architect will endeavor to provide further protection for the City against defects and deficiencies in the work. a. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, weekly progress meetings, job conferences and other project -related meetings as required by the City, and prepare and circulate copies of minutes thereof. b. Conduct Pre -Installation Conferences as required by the Contract Documents, verify proper participation by Contractor. Prepare and circulate copies of meetings thereof. c. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in his understanding of the intent of the Contract Documents. d. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. e. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. f. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work and those of the Windstorm Engineer. g. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, NE's clarifications and interpretations of the Contract Documents, progress reports, shop drawing and sample submittals received from and delivered to Contractor, and other Project related documents. h. Prepare a minimum weekly report utilizing approved City format, recording Contractor's staff on the site,, weather conditions, date relative to questions of the Change Orders, Field Orders, Work Change Directives, or changed conditions, site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to AIE and the City, i. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of shop drawings and sample submittals. j. Report immediately to the City the occurrence of any site accidents, any hazardous environmental conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. k. Provide project photo report at the rate of a minimum of six photographs per site visit, including an adequate amount of photograph documentation of utility conflicts and pertinent issues. I. Before the issue of Certificate of Completion, submit to Contractor a List of observed items requiring completion or correction, m. Participate in a final inspection in the company of the City, and Contractor and prepare a final list of items to be completed or corrected. Page 4 J1481Fee% as A-E Services P p -„2-E12120. Erasmo Nava, AIA Glen Ray Tomo, AIA Jay Porterfield, AIA AMEND. NO. 1 EXHIBIT "A” Page 4 of 6 n. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. Proposed Fee (Project Representation): $16,420.00 3. Warranty Phase Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring Contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to beat correct defective conditions and submit to City staff. Complete the inspection and prepare the report not later than sixty (60) days prior to the end of the maintenance guaranty period. (Note: Project materials and installation including roofing and sheet metal will have a 2 -year Contractor's Warranty and a 20 -year Manufacturer's Warranty). Proposed Fee (Warranty Phase): $1,600.00 Total Additional Services Fee: $26,640.00 C. Fee Summary: For services authorized by the Director of Engineering Services, the City will pay the A/E a fixed fee as per the table below. All fees for Additional Services are unauthorized at this time, requiring written authorization by the Director of Engineering. Summary of Fees A. Basic Services Fees 1. Preliminary Phase (Completed) 2. Design Phase 43,848.00 3. Bld Phase 2,740.00 4. Construction Phase 8,222.00 Subtotal Basic Services Fees 54,810.00 B. Additional Services Fees 1. Windstorm Certification 8,620.00 2. Project Representation 16,420.00 3. Warranty Phase 1,600.00 Sub Total Additional Services Fees 26,640.00 Total Fee 81 30.00 D. Schedule: Refer Attached Erasmo Nava, AIA Page 5 Glen Ray Tomo, AMA $1,1-150,10 Signed: 1.04"....1 4/4 Glen Ray Tomo,' AIA Vice -President 1%1306%1I81Fw 1 A.E 6srOcss - Plwu 2-E12120.docx Jay Porterfield, AIA AMEND. NO.1 EXHIBIT "A" Page 5 of 6 6262 Weber Rd. Suite 310 Corpus Christi, Texas 78413-4031 p: 361-854-1471 f:361-854-1470 www.sntarchltects.com PROJECT E12120: CORPUS CHRISTI MUSEUM ROOF REPLACEMENT (BOND 2012) CITY OF CORPUS CHRSITI PROJECT DELIVERY SCHEDULE 01/27/2014 DATE DAY ACTIVITY 12/13/13 Friday Submit Original Phase 2 Fee Proposal 01/20/14 Monday Meet with Engineering and Users to Confirm Project Scope and Discuss Fees 01/27/14 Monday Resubmit Fee Proposal in "example" Format 03/25/14 Tuesday Receive Contract, Purchase Order and Authorization to Proceed 07/25/14 Friday Submit Pre -Final Project Documents 08/08/14 Friday Pre -Final Review Meeting 08/22/14 Friday Submit Final Documents 09/05/14 Friday Final Review Meeting 10/03/14 Friday Advertise for Bids 11/05/14 Wednesday Receipt of Bids 01/13/15 Tuesday Bid Award 02/13/15 Friday Notice to Proceed 08/14/15 Friday Construction Complete Erasmo Nava, AIA Glen Ray Tomo, AIA J:11 OW 1218cJmdide 012714.docc Jay Porterfield AMA AMEND. NO. 1 EXHIBIT "A" Page6of6 Museum Roof Replacement Project No. E12120 Bond Issue 2012 Summary of Fees AMEND. NO. 1 EXHIBIT "B" Page 1 of 1 ORIGINAL CONTRACT AMEND. NO. 1 TOTAL FEE Basic Services Fees 1 Preliminary Phase $48,590.00 $0.00 $48,590.00 2 Design Phase 0.00 43,848.00 43,848.00 3 Bid Phase 0.00 2,740.00 2,740.00 4 Construction Phase 0.00 8,222.00 8,222.00 Subtotal Basic Services 48,590.00 54,810.00 103,400.00 Additional Services 1 Windstorm Certification 0.00 8,620.00 8,620.00 2 Construction Observation (Project Representation) 0.00 16,420.00 16,420.00 3 Warranty Phase 0.00 1,600.00 1,600.00 Subtotal Additional Services 0.00 26,640.00 26,640.00 i Total Fee $48,590.00 $81,450.00 $130,040.00 Admin Approval 04/10/13 M2014- 03/25/14 AMEND. NO. 1 EXHIBIT "B" Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees i X 10 m m ..7153 - eh 0 n COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Total Contract Amd No. 1 Amd No. 2 Contract Amount Invoiced Previous Invoice Total Invoice Percent Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Sample form for. Payment Request Revised 07/27/00 EXHIBIT "D" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, non -renewal or material change required on all certificates Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included 1. Owned vehicles 2.. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $1,000,000 per claim 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 WORKERS' COMPENSATION EMPLOYERS' LIABILITY Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "D" Pae 1 of 3 IGEN VELMAPIFORMSSNEWFORMS INDEMNIFICATI0N51N0EMNIFICATION LARGE AE EXHIBIT B•OCT 2Irj I C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers,officials, employees, volunteers, and elected representatives as additional insured by endorsement as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "D" MM J',GEN VELMAPIFORMS NEWFORMSSINDEMNIFICATIONUINDEMNIF]CATION LARGE AE EXHIBIT SACT 20f0-docx Pae 2 of 3 H. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. L In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "D" Par re 3 of 3 J.IGEN VELMAP4FORMS NEWFORMSIINDEMNIFICATIONUNDEMNIFICATION'_ ",f`:GE AE EXHIBIT 9.00T dors SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION war City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. 'Every.question must be answered." %If'the question` is not applicable answer with `NA", See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Solka Nava Torno P. O. BOX: STREET ADDRESS: 6262 Weber Road, Suite 310 Fl i` ,i%I :; 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78413 '7Partnership 5. Other 3. Sole Owner ❑ LL 6.00 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1 State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or 'lore of the ownership in the above named "firm." Name Title 41.1.11111110. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 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 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Glen Ray Toro Title: A. I. A. (Type or Print) Signature,of Certifying"`: Person; DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "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. g. Museum Roof Replacement Bond Issue 2012 Corpus Chr sti Capital Programs Council Presentation March 18, 2014 Project Scope PROJECT LOCATION Museum Roof Replacement (E12120) Corpus Chr`sti Capital Programs .cctexas.com 2 Project Schedule Corpus Chr'sti Capital Programs Projected Schedule reflects City Council award in January 2015 with anticipated construction completion in August 2015. .cctexas.com 3 FUNDS AVAILABLE: Public Facility Bond 2012 CIP TOTAL............ Project Cost Corpus Christi Capital Programs $1,600,000.00 $1,600,000.00 FUNDS REQUIRED: Construction (with 10% contingency) (preli mi nary estimate)............ $1,408,000.00 Design Fees: Design Architect (Solka Nava Torno, LLC) (authorized services) ...... 130,040.00 Materials Testing (Estimate)...... 10,000.00 Reimbursements. 51,960.00 TOTAL............ $1,600,000.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 .cctexas.com 4 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of March 18, 2014 Action Agenda Item for the City Council Meeting of March 25, 2014 DATE: March 4, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo A. Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Daniel Biles, P. E., Executive Director of Public Works danb@cctexas.com (361) 826-3729 Enqineerinq Construction Contract Bear Lane Waterline Replacement CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with Clark Pipeline Services, J.V. of Corpus Christi, Texas in the amount of $2,475,922.13, for Bear Lane Waterline Replacement from Navigation Boulevard to Old Brownsville Road. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contract with Clark Pipeline Services, J.V. for the Bear Lane Waterline Replacement. BACKGROUND AND FINDINGS: In Spring 2013, construction of Bear Lane from S.P.I.D. to Old Brownsville Road Bond Issue 2008, was stopped to accommodate replacing the existing 36 -inch waterline. While this project was under design, an assessment was made that the 36 -inch waterline did not need to be replaced. The repair history did not show any major concerns, and did not indicate that the waterline needed to be replaced. However, during construction, the team (the City, Design Engineer & Contractor) further assessed the condition of the existing water line through visual inspection and determined that the line needed to be replaced. Replacing this waterline concurrently with improving the roadway will protect the City's investment and avoid potentially costly pavement repairs should the existing waterline need maintenance under a newly reconstructed roadway. Subsequently, the project was re -bid to include the waterline and associated roadway improvements from Navigation Blvd. to Old Brownsville Road. This project, Bear Lane Waterline Replacement — Navigation Blvd to Old Brownsville Road includes replacement of 1450 linear feet of 36 -inch diameter ductile iron water transmission line,1,282 linear feet of storm water conduit improvements, 960 linear feet of cured -in- place pipe sanitary sewer rehabilitation, and rehabilitation of five sanitary sewer manholes. Work also includes removing the existing roadway and the constructing approximately 1,400 linear feet of asphalt pavement for a new three -lane collector street (two travel lanes and a continuous center turning lane) with K:\ENGINEERING\LEGISTAR\3 - MARCH 18\BEAR LANE\AGENDA MEMO - BEAR LANE WATERLINE.DOCX concrete sidewalks, associated pavement markings, and signage improvements. On February 5, 2015, the City received proposals from three (3) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Clark Pipeline Services, J.V. Corpus Christi, Texas $2,475,922.13 Reytec Construction Resources, Inc. Corpus Christi, Texas $2,895,955.00 CAS Companies, L.P. Corpus Christi, Texas $3,057,750.50 ALTERNATIVES: 1. Authorize execution the construction contract. 2. Do not authorize execution the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's consultant, Coym, Rehmet & Gutierrez Engineering, L.P. (CRG, L.P.), conducted a bid analysis of the three (3) proposals submitted to the City. CRG, L.P. determined that the lowest bidder based on the Total Base Bid is Clark Pipeline Services, J.V. of Corpus Christi, Texas. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Clark Pipeline Services, J.V. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria and FY 2014-2015 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department Water Department FINANCIAL IMPACT. Fiscal Year 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,024,303.98 $2,943,383.64 $0.00 $9,967,687.62 Encumbered / Expended Amount $7,024,303.98 $0.00 $7,024,303.98 This item $0.00 $2,475,922.13 $0.00 $2,475,922.13 Future Anticipated Expenditures This Project $0.00 $431,388.05 $0.00 $431,388.05 BALANCE $0.00 $36,073.46 $0.00 $36,073.46 Fund(s): ST 18 Comments: K:\ENGINEERING\LEGISTAR\3 - MARCH 18\BEAR LANE\AGENDA MEMO - BEAR LANE WATERLINE.DOCX RECOMMENDATION: City staff recommends that the construction contract be awarded to Clark Pipeline Services, J.V. of Corpus Christi, and Texas in the amount of $2,475,922.13 for the Bear Lane Waterline Replacement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map K:\ENGINEERING\LEGISTAR\3 - MARCH 18\BEAR LANE\AGENDA MEMO - BEAR LANE WATERLINE.DOCX PROJECT BUDGET BEAR LANE FROM OLD BROWNSVILLE ROAD TO SPID Project No. 6463 March 3, 2014 FUNDS AVAILABLE: Total Bond Issue 2008 CIP No. ST 15 3,748,170.11 Storm Water CIP 2,544,619.06 Water CIP 3,188,839.25 Wastewater 437,904.23 Gas 48,154.97 Total Fund Available 9,967,687.62 FUNDS REQUIRED: Construction Contract (Haas Anderson) 5,503,522.47 Construction Contract (Clark Pipeline) 2,475,922.13 Contingency (10%) 247,592.08 Engineer Fees: Engineer (Coym, Rehmet and Gutierrez Engineering, L.P.) 1,096,550.00 Engineer (Coym, Rehmet and Gutierrez Engineering, L.P.) Amend #3 73,470.00 Engineer (Govind) 15,000.00 Testing (Rock Engineering Laboratory Testing) 76,445.00 Testing (Rock Engineering) Estimate 30,000.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 90,921.70 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 314,825.62 Misc. (Printing, Advertising, etc.) 7,365.17 Total Funds Required 9,931,614.17 Project Budget Balance 36,073.45 1,00'00' 1410 0„."010 401111100 1"! 000011100 iyo r,,.awu0011 111.1 k'fiedliciii1 a Elia BUG V111.11417, 7111! ' if„A Si Oh f11:OEM ID'LN,11.1111it."MEM PROJECT LOCATION #6463 BEAR LANE NAVIGATION TO OLD BROWNSVILLE 11m111111111;' 0000 11111111111111 ....NM 01111111111111111111111Ii IIIiUllllllilVli h �III�jj111i 11 iii11111111ii111i1iilf1Y� IMMIIIIIIIII MOIIIIIIm 1111111111111111000000 lul I,II,I,,,,,,,I,I,I,I,I,I,I,I,I,I,I,I,I,I,I,I,I,I 11111111111111111111111111, 11111 11 1 II I i 111 II 11 X11I1,1II �pw� 111111111111111111111111 0 IMII,MIWIM) I IIMmMM111111 11 10 y 0 0 II N � N N'M'MINIIM MMMMp V Iplll11l11l111lq,1uull p 1111111111111111111111111 r A111010110ISI „ '.,,1„1111111111111 MIN PROJECT #6463 LOCATION MAP NOT TO SCALE BEAR LANE FROM NAVIGATION TO OLD BROWNSVILLE BOND 2008 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF ENGINEERING SERVICES PAGE 1 OF 1 Corpus Ch r°st Capital Programs Bear Lane Waterline Replacement Council Presentation March 18, 2014 PROJECT SCOPE PROJECT LOCATION #6463 BEAR LANE NAVIGATION TO OLD BROWNS Corpus Chr sti Engineering Project Includes: • 1450 linear feet of 36 inch diameter water transmission line • 1282 linear feet of storm water conduit improvements • 960 linear feet sanitary sewer lines rehabilitation • 1400 linear feet of asphalt pavement for new three lane collectable street. PROJECT SCHEDULE Corpus Christi Engineering Project Estimate: 210 Calendar Days 7 Months Projected Schedule reflects City Council award in April 2014 with anticipated construction completion in October 2014. 3 PROJECT BUDGET Corpus Christi Engineering FUNDS AVAILABLE: Bond Issue 2008 CIP No. ST 15 $ 3,748,170.11 Storm Water CIP 2,544,619.06 Water CIP 3,188, 839.25 Wastewater 437, 904.23 Gas 48,154.97 Total Fund Available 9,967,687.62 FUNDS REQUIRED: Construction Contract (Haas Anderson) 5,503,522.47 Construction Contract (Clark Pipeline) 2,475,922.13 Contingency (10%) 247,592.08 Engineer Fees: Engineer (Coym, Rehmet and Gutierrez Engineering, L.P.) 1,170,020.00 Engineer (Govind) 15,000.00 Testing (Rock Engineering Laboratory Testing) 76,445.00 Testing (Rock Engineering) Esti mate 30, 000.00 Reimbursements 413,112.49 Total Funds Required 9,931,614.17 Project Budget Balance $ 36,073.45 4 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 18, 2014 Action Item for the City Council Meeting of March 25, 2014 DATE: TO: February 26, 2014 Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, P.E., ACM Public Works & Utilities GustavoGo@cctexas.com (361) 826-3189 LNRA West Delivery System Upgrade Contract CAPTION: Motion to authorize the City Manager or designee to execute a contract with Lavaca-Navidad River Authority (LNRA) for use of the West Delivery system for delivery of Colorado River water to the City of Corpus Christi. PURPOSE: The City intends to construct the Mary Rhodes Phase II Pipeline and desires to enter into an agreement with LNRA to accommodate the wheeling of Colorado River Water to the Mary Rhodes Pipeline. BACKGROUND AND FINDINGS: In 1998, the city finalized its purchase of 35,000 acre-feet/year from Garwood Irrigation Company by obtaining a water right authorizing the City to divert the water from the Colorado River ("Colorado River Water") The water right restricts the transport of water to an enclosed pipeline which would preclude the Colorado River Water from entering Lake Texana, and requires moving water from a diversion site on the Colorado River via a pipeline ("Mary Rhodes Phase II Pipeline") to the West Delivery System for conveyance ("wheeling") to the Mary Rhodes Pipeline. The Mary Rhodes Phase I Pipeline was designed for the transport of additional water. The City intends to construct the Mary Rhodes Phase II Pipeline and desires to enter into this agreement with LNRA to address the construction of facilities on LNRA property and the necessary improvements to the West Delivery System to accommodate the wheeling of Colorado River Water to the Mary Rhodes Pipeline. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This agreement conforms to City Charter requirements. EMERGENCY / NON -EMERGENCY: Non- Emergency. DEPARTMENTAL CLEARANCES: Water Dept. Legal Dept. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-15 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $70,000 $70,000 Encumbered / Expended Amount This item BALANCE Fund(s): Utilities - Water Comments: An annual volume charge of $2.00 per acre -ft up to a maximum of $70,000 per year for management fees related to the transport of Garwood rights through the west delivery system. RECOMMENDATION: Staff recommends approving LNRA West Delivery System Upgrade Contract changes. LIST OF SUPPORTING DOCUMENTS: Contract CONTRACT GOVERNING IMPROVEMENTS TO WEST DELIVERY SYSTEM AND THE TRANSMISSION OF COLORADO RIVER WATER This Contract ("Contract"), dated as of , 201 ("Effective Date"), is between the Lavaca-Navidad River Authority ("LNRA"), a conservation and reclamation district and political subdivision of the State of Texas, organized and operating under Article XVI, Section 59 of the Texas Constitution and the City of Corpus Christi, Texas ("City"), a Texas home -rule city. RECITALS 1 LNRA and the City entered into a Water Delivery and Conveyance Contract dated December 14, 1993 ("Delivery Contract"). Under the Delivery Contract, LNRA conveys 41,840 acre-feet/year of water from Lake Texana to the City from an intake structure, pipeline, and pumps ("West Delivery System") constructed by LNRA to a pipeline constructed by the City ("Mary Rhodes Phase I Pipeline"). On July 24, 2001, the City of Corpus Christi contracted with LNRA to receive up to 4,500 acre-feet of water per year on an interruptible basis. On July 22, 2003 the City amended its 2001 contract for interruptible water and contracted for an additional 7,500 acre-feet per year bringing the total interruptible volume to 12,000 acre-feet per year and the contracted total to 53,840 acre-feet per year. 2. The Mary Rhodes Phase I Pipeline was designed for the transport of additional water. 3. The Delivery Contract provides that the City and LNRA will endeavor in good faith to agree to terms for the future acquisition and transfer of water supplies acquired by the City to be conveyed to the Delivery Point. 4. In 1998, the City finalized its purchase of 35,000 acre-feet/year from Garwood Irrigation Company by obtaining a water right authorizing the City to divert the water from the Colorado River ("Colorado River Water"). The water right restricts the transport of water to an enclosed pipeline which would preclude the Colorado River Water from entering Lake Texana, and requires moving water from a diversion site on the Colorado River via a pipeline ("Mary Rhodes Phase II Pipeline") to the West Delivery System for conveyance ("wheeling") to the Mary Rhodes Pipeline. 5. The City intends to construct the Mary Rhodes Phase II Pipeline and desires to enter into this agreement with LNRA to address the construction of facilities on LNRA property and the necessary improvements to the West Delivery System ("West Delivery System Improvements") to accommodate the wheeling of Colorado River Water to the Mary Rhodes Pipeline. In consideration of the mutual covenants and agreements contained in this Contract, LNRA and the City agree as follows: I. DEFINITIONS 1.01 Definition of Terms. Unless otherwise defined in this Contract, or unless the context clearly requires otherwise, the following terms and phrases shall have the meanings indicated: "Authorized Representative" means either of the two persons at the time designated as such in a written certificate, containing a specimen signature of such person, which in the case of the City's representative is signed on behalf of the City by the City Manager and which is furnished to LNRA, and, in the case of LNRA's representative, is signed by the General Manager. 2 "Butterfly Valve" means the butterfly valve immediately downstream of the Surge Tank (approximately 25 feet from the Surge Tank) to which the West Delivery Intake Extension will connect. "City -Constructed Facilities" means facilities constructed by the City on LNRA property including the Mary Rhodes Phase II Pipeline, Surge Tank, Colorado River Water Meter, Butterfly Valve, West Delivery System Intake Extension and West Delivery System Improvements. "Completion Date" means the date the City declares the LNRA Facilities and the Mary Rhodes Phase II Pipeline to be complete, operational, and fully capable of diverting, transporting, and delivering Colorado River Water to the West Delivery System and delivering Colorado River Water and Texana Water simultaneously, or independently, to the Delivery Point. "Delivery Contract" means Water Delivery and Conveyance Contract dated December 14, 1993 between LNRA and the City. "Delivery Point" means the point where water is delivered to the City as defined in the Delivery Contract. "Effective Date" means , 201 . "Mary Rhodes Phase I Pipeline" means the City's pipeline owned by the City, which begins at a point near Dry Creek, which is approximately 2000 feet from LNRA's West Delivery Intake Pump Station and extending to the O. N. Stevens Water Treatment Plant near Corpus Christi, Texas. "Mary Rhodes Phase II Pipeline" means the City's pipeline from a diversion point on the Colorado River to a Surge Tank located on LNRA property. "Colorado River Water" means water transmitted through the Mary Rhodes Phase II Pipeline. 3 "Colorado River Water Meter" means a metering device on Mary Rhodes Phase II Pipeline before the Surge Tank to measure volume of Colorado River Water that is to be passed through LNRA's West Delivery System. "Lake Texana" means the lake and related facilities and real property located in Jackson County, Texas, owned and operated by LNRA. "LNRA Project Operating and Maintenance Expenses" shall have the meaning as defined in the Delivery Contract. "LNRA Facilities" means facilities owned by LNRA including the West Delivery System and any improvements, modifications or appurtenances thereto ("West Delivery System Improvements") and also including the gravity line connecting the Surge Tank to the West Delivery System existing intake structure beginning at the Butterfly Valve ("West Delivery System Intake Extension") to be conveyed to LNRA in accordance with Section 2.06. "Management Fee" means an administrative fee assessed by LNRA for the usage of LNRA's facilities in conjunction with the transport of Colorado River Water for the benefit of the City. This fee only applies to the volume of Colorado River Water actually wheeled through the West Delivery System and delivered to the City at the Delivery Point. The volume to be used in calculating the fee will be the City's Colorado River Water Meter reading less nineteen acre-feet, which is the estimated volume of Colorado River Water that passed through the Colorado River Water Meter yet remains in storage. The use of funds derived from this fee may be used for LNRA for any lawful purpose. "Plans and Specifications" means the plans and specifications prepared for the improvements to be made to LNRA Facilities by the Project Engineer, as the same may be revised from time -to - time in accordance with this Contract. 4 "Project Engineer" means the engineering firm of Freese & Nichols and any other firms as may be designated by the City and approved by LNRA that is responsible for the design and construction oversight of any improvements to be incorporated on or made to LNRA Facilities. "Service Commencement Date" means the date on which LNRA's obligation to transport and deliver Colorado River Water under this Contract begins as described in Section 3.01. "Easement Agreement" means the easement agreement attached hereto and incorporated herein as Exhibit B, allowing City and/or its contractor ingress and egress on LNRA property to construct, operate and maintain City -owned facilities located on LNRA property. "Surge Tank" means a six (6) million gallon concrete tank to be constructed on LNRA property in which Colorado River Water is discharged for temporary storage and equalization before gravity flow through the West Delivery System Intake Extension to the West Delivery System. "Texana Water" means the water delivered to the City under the Delivery Contract dated December 14, 1993 and the Interruptible Water Supply Contract dated July 24, 2001 and as amended July 22, 2003 between LNRA and the City. "West Delivery System" means the intake structure, pipeline, pumps, metering and related facilities on LNRA property financed and constructed by LNRA as part of the original construction of Mary Rhodes Phase I Pipeline. "West Delivery System Improvements" means the modifications to the West Delivery System which are necessary to accept Colorado River Water and deliver Colorado River Water and/or Colorado River Water comingled with Texana Water to the Delivery Point as described in Exhibit C. "West Delivery System Intake Extension" means the gravity -feed portion of pipe necessary to connect the West Delivery System's existing intake structure to the Surge Tank and the Mary 5 Rhodes Phase II Pipeline, more specifically delineated from the downstream side of the Butterfly Valve immediately downstream of the Surge Tank (approximately 25 feet from Surge Tank to which the West Delivery System Intake Extension will connect.) See Exhibit A. The West Delivery System Intake Extension will be constructed by the City, operated by LNRA, and conveyed to LNRA as provided in Section 2.06. 1.02 Interpretation. Terms used in this Contract with initial letters capitalized and not otherwise defined in this Contract have the meanings assigned to them in Section 1.01. The table of contents and caption headings of this Contract are for reference only and shall not affect its interpretation in any respect. Except where the context otherwise requires, words impacting the singular number shall include the plural number and vice versa. Reference to any document means that document as amended or supplemented from time to time. Reference to any party or governmental regulatory agency means the entity and its successors and assigns. This Contract and all terms and provisions, including exhibits, shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of this Contract. II. IMPROVEMENTS TO WEST DELIVERY SYSTEM AND CONSTRUCTION OF TRANSMISSION LINE AND SURGE TANK LOCATED ON LNRA PROPERTY 2.01 General. Under this agreement, the West Delivery System will be used for receiving Colorado River Water from the Mary Rhodes Phase II Pipeline, and for transmission, independently or commingled with water from Lake Texana ("Texana Water"), to the Delivery Point specified in the Delivery Contract. The City will manage, design, construct, expand, extend, enlarge, and improve the West Delivery System to accommodate the receipt and transmission of the Colorado River Water. LNRA will continue to own and operate the West 6 Delivery System. After Colorado River Water enters LNRA Property, Colorado River Water will pass through the Colorado River Water Meter, feed into a Surge Tank located on LNRA Property and then gravity flow through the West Delivery System Intake Extension to the West Delivery System whereby it will be re -lifted into the Mary Rhodes Phase I Pipeline. The City will construct the Mary Rhodes Phase II Pipeline, a Surge Tank, Colorado River Water Meter, Butterfly Valve, West Delivery System Improvements and West Delivery System Intake Extension on LNRA property. Exhibit A is a drawing that depicts the location of the LNRA Facilities and the City -Constructed Facilities on LNRA property. Upon conveyance by the City as provided herein in Section 2.06, LNRA shall own West Delivery System Intake Extension and West Delivery System Improvements. 2.02 Design and Construction by the City. a. The City shall be responsible for the construction of the City -Constructed Facilities. The City agrees to be responsible for all costs of design, engineering, contracting, construction, and inspection of the City -Constructed Facilities. b. The City agrees to engage or cause to be engaged the services of a Project Engineer registered in Texas to provide the engineering design, including detailed Plans and Specifications for the City -Constructed Facilities. The Plans and Specifications will include the sizing, routing, material selection, service method, cost estimates, proposed construction schedule, easements, and such other and further information as deemed reasonably necessary or advisable for proper review and assessment of the plans and specifications. The design for the City -Constructed Facilities shall be procured at the City's sole expense and will be submitted to LNRA for review prior to construction. 7 c. All Plans and Specifications for the City -Constructed Facilities and the location of the Surge Tank, West Delivery System Intake Extension, and that portion of the Mary Rhodes Phase II Pipeline located on LNRA property and adjacent to the Palmetto Bend Dam will be subject to the review of LNRA prior to commencement of construction. LNRA will provide written comments to the City specifying in detail the suggested changes, if any, to the Plans and Specifications for the City -Constructed Facilities or location of the Surge Tank, West Delivery System Intake Extension, and the Mary Rhodes Phase II Pipeline adjacent to the Palmetto Bend Dam. From the date the Plans and Specifications are submitted to LNRA by the City, LNRA has thirty (30) days to review the Plans and Specifications and provide any written comments. The City will provide LNRA with a written explanation of its treatment of LNRA's suggestions and comments. d. If, after review of Plans and Specifications by LNRA, the City fails to enter a construction contract for facilities within two years, the City must resubmit the Plans and Specifications for review by LNRA to assure their conformity with sound engineering practices. 2.03 Notification of Commencement of Construction of City -Constructed Facilities. After all required approvals for construction of the City -Constructed Facilities are obtained but prior to commencement of construction, City will provide, or cause to be provided, written notice to LNRA of the date on which construction of the City -Constructed Facilities is scheduled to commence. LNRA must receive this written notice at least thirty (30) days before the scheduled construction date. 2.04 Inspection and Acceptance of Completion of Construction of a Portion or all of the City -Constructed Facilities. The Parties agree that LNRA has the right to make periodic inspections during the construction phase of the City -Constructed Facilities. The City shall 8 notify LNRA at least five (5) days prior to acceptance of the completion of City -Constructed Facilities, and City's acceptance of the completion of City -Constructed Facilities shall be subject to final inspection by LNRA. 2.05 Agreement to Submit As -Built or Record Drawings. The City agrees to provide, or cause to be provided, to LNRA as -built or record drawings of all City -Constructed Facilities within 30 days of City accepting them, not to exceed six (6) months following completion and acceptance of the construction of such facilities. 2.06 Ownership and Operation of West Delivery System Improvements. Except as otherwise agreed upon by City and LNRA, LNRA shall own, control and operate, the West Delivery System Improvements, and the West Delivery System Intake Extension upon the Completion Date. Ownership and possession of the West Delivery System Intake Extension and the West Delivery System Improvements shall be conveyed, free and clear of any liens, claims, encumbrances, or charges, to LNRA. All documents of conveyance shall be in a form substantially similar to the Bill of Sale and Conveyance of Improvements provided in Exhibit D. 2.07 Easement. LNRA will authorize under a separate Easement Agreement, in a form substantially similar to the easement agreement provided in Exhibit B, ingress and egress by the City and/or City's contractors on lands owned by LNRA to construct the City -Constructed Facilities. The consideration for the easement conveyed by LNRA under this agreement is the conveyance of the West Delivery System Intake Extension and West Delivery System Improvements by the City to LNRA in accordance with Section 2.06. 2.08 Permits and Approvals. The City shall obtain all permits and approvals required for the construction of the City -Constructed Facilities. If permits and approvals are required, LNRA shall obtain all permits and approvals required for the operation of the LNRA Facilities. If, by 9 virtue of regulatory, legal, financial, or other requirements, it is necessary or appropriate that any permit or approval should be held jointly, LNRA and the City agree to fully cooperate with each other in efforts to obtain, hold, and comply with such permits or approvals. III. SERVICE TO CORPUS CHRISTI 3.01 Wheeling City's Water. LNRA agrees to wheel Colorado River Water under the terms of this Contract via the LNRA Facilities for delivery at the Delivery Point, whereupon the City will take control of the Colorado River Water. This Contract is for the wheeling of water delivered to LNRA by the City. It shall be the responsibility of the City to maintain and keep in force the right to divert the Colorado River Water and the City acknowledges that LNRA has no responsibility thereof. LNRA's obligations under this Contract are subject to the City's delivery of water to LNRA. LNRA's obligation to wheel Colorado River Water under this Contract shall begin on the Service Commencement Date, which shall occur on or before thirty (30) days after the Completion Date. 3.02 Amount Subject to Delivery. Unless otherwise agreed by the Parties in writing, the amount of Colorado River Water transported through the West Delivery System under this Contract shall not exceed 35,000_acre-feet/year. 3.03 Measurement of Water. The City shall install as a part of, and located on the Mary Rhodes Phase H Pipeline upstream of the Surge Tank , metering facilities and equipment ("Colorado River Water Meter"), including associated telemetry and remote control equipment, to measure and record the quantity of Colorado River Water transported for the City by LNRA. The design for such metering facilities and specifications for equipment to be installed by the City shall be submitted to LNRA for review prior to design finalization. The City shall be the 10 owner of such metering facilities and metering equipment installed by the City, as required by this section of the Contract. a. The City, being the owner of the metering facilities, shall be responsible for the operation and maintenance of the metering facilities. 3.04 Quality of Water. LNRA makes no representation or warranty, expressed or implied, as to the character, quality or availability of the Colorado River Water transported and delivered to the City under this Contract. 3.05 No Water Sale Agreement. The Parties acknowledge and agree that this Contract is an agreement for services and does not constitute an agreement regarding the sale or purchase of water. Neither does this contract amend or alter the Delivery Contract. The Parties agree that the Texas Commission on Environmental Quality has no jurisdiction to set rates under this Contract. The Contract may be enforced, however, in a court of competent jurisdiction. 3.06 No Discharge into Lake Texana. Nothing in this Contract may be construed to give the City the right to discharge Colorado River Water into Lake Texana. Iv. RATES AND CHARGES 4.01 Payments by the City. Upon the Service Commencement Date, the City shall pay monthly for services provided under this Contract at rates established from time to time by the Board of Directors of LNRA. LNRA's rates shall be based upon recovery of the following costs: 1. The portion of the LNRA Project Operating and Maintenance Expenses (as defined in the Delivery Contract) attributable to operating and maintaining the West Delivery System for wheeling Colorado River Water and; 11 2. Management Fee. The Management Fee is $2.00 per acre-feet and shall be calculated on a monthly basis. In connection with the costs described under item "1" above, the City agrees to pay additional costs, including but not limited to additional electricity charges billed to LNRA by LNRA electricity provider which are caused by wheeling of the Colorado Water through West Delivery System. 4.02 Budgets. All costs to be paid by the City pursuant to Section 4.01 for the services provided under this Contract shall be based upon actual expenditures by LNRA established by the budget methodology under the Terms of the Delivery Contract. 4.03 Obligation of the City. The Parties agree that the City's obligations under this Contract to make payments to LNRA for service in any fiscal year are a current expense for that fiscal year. 4.04 LNRA Debt. LNRA shall notify the City of any LNRA planned issuance of debt related to LNRA Facilities. 12 V. OPERATION AND MAINTENANCE OF PROJECT; INSURANCE; MODIFICATION 5.01 Operation and Maintenance; Insurance. LNRA shall provide, or cause to be provided, management, manpower and all other services required for the operation and maintenance of the LNRA Facilities. LNRA agrees to use, or cause to be used, reasonable diligence and care in operating, maintaining and keeping in good repair the LNRA Facilities and all equipment and apparatus relating thereto, to permit it to wheel water to the City in the quantities to which the City is entitled pursuant to Section 3.02. LNRA shall assume complete responsibility for and shall have sole obligation to maintain, repair or replace the LNRA Facilities or any portions thereof. LNRA will acquire and maintain the liability insurance coverage and property damage insurance on the LNRA Facilities and on all of its operations relating to the same; the City or its assign will be named as additional insured parties for liability coverage. 5.02 Modification after the Completion Date. After the Completion Date, LNRA shall have the right to remodel or alter any portion of the LNRA Facilities, make substitutions, additions or improvements thereto, or to abandon or remove any part thereof; provided, however, no such remodeling, alteration, substitution, addition or improvement shall have the effect of interrupting the continuous transport of the City's Colorado River Water or lessening of the capacity of the LNRA Facilities to transport water unless the written consent of the City Director of Water Operations is first obtained. Notwithstanding the preceding sentence, it is expressly recognized by the City that LNRA may be required to make necessary alterations, repairs and extensions of new or additional facilities to be made a part of the LNRA Facilities from time to time during the term of this Contract, and any suspension of delivery to the City due to such operation shall not be cause for claim or damage on the part of the City, provided the following: (1) LNRA is using 13 its best efforts to provide the City with transmission of water in accordance with this Contract; (2) LNRA provides the City as much advanced notice as may be practicable of the suspension of delivery but no event less than three (3) business days advance written notice to City Director of Water Operations of the necessity of alterations, repairs and extensions of new or additional facilities to be made a part of the LNRA Facilities and of the estimated duration of the suspension; and, (3) in the event of an emergency repair, LNRA provides written notice within 24 hours of LNRA's discovery of need for emergency repairs. Following resumption of delivery capability, the City will provide direction to LNRA as to the delivery rate of Colorado River Water desired by the City. 5.03 Auxiliary Electric Service and West Delivery System. The City acknowledges the need for LNRA and the City to ensure the emergency operation of West Delivery System during an extended power outage. To ensure the ability to provide emergency operations of the West Delivery System, LNRA and the City will investigate the implementation of alternatives such as on-site electrical generation, distributed electrical generation facilities, the hardening of the electrical transmission and distribution system serving the West Delivery System and other means of providing sufficient emergency power to operate the West Delivery System. VI. CASUALTY 6.01 Casualty of LNRA Facilities. If any material damage or destruction of the LNRA Facilities shall occur, LNRA shall with reasonable promptness notify the City, as to the nature and extent of such damage, destruction or taking and whether, in the judgment of LNRA, it is practicable to restore the LNRA Facilities. If the Authorized Representatives of the City and LNRA determine that restoration is practicable, LNRA shall proceed to restore and complete 14 such portion of the LNRA Facilities and an amount equal to the proceeds of any insurance award received in connection with such damage, destruction or taking after payment of all expenses incurred in the collection thereof, shall be used to pay restoration costs. If the Authorized Representatives determine that it is impracticable to restore the LNRA Facilities, the amount equal to the net proceeds of any insurance award shall be equitably distributed between LNRA and the City. If the Parties' Authorized Representatives are unable to reach agreement on the practicality of restoring the LNRA Facilities, LNRA agrees nevertheless to restore the LNRA Facilities, if the City bears all unreimbursed costs of the LNRA Facilities restoration. 6.02 Effect of Casualty. The occurrence of a casualty shall not entitle the City to any abatement, postponement or reduction in the amount of the payments payable under Section 4.01 of this Contract, and the City hereby waives the benefits and provisions of all laws and rights which by reason of the casualty might relieve the City from any of its obligations under this Contract. VII. SPECIAL COVENANTS 7.01 Removal of Liens. If any lien, encumbrance or charge of any kind based on any claim of any kind (including, without limitation, any claim for income, franchise or other taxes, whether federal, state or otherwise), based upon act of the City shall be asserted or filed against any amount paid or payable by the City to LNRA under or pursuant to this Contract or any order (whether or not valid) of any court shall be entered with respect to any such amount by virtue of any claim of any kind based upon act of the City, in either case so as to interfere with the payment of such amount by City to LNRA then the City will promptly take such action to the 15 1 extent permitted by law (including, but not limited to, the payment of money) as may be necessary to prevent, or to nullify the cause or result of, such interference. 16 VIII. TERMINATION; OPTION TO RENEW; GENERAL PROVISIONS 8.01 Term. This Contract shall terminate December 14, 2035, unless sooner terminated as herein provided. 8.02 Termination by LNRA. This Contract may be terminated by LNRA if it becomes illegal or impossible for LNRA to perform its obligations under this Contract as a result of the occurrence of any one or more of the following: a. The cancellation, amendment or other limitation by state or federal agency of any of the permits, amendments, licenses or authorizations required for the delivery to the City of the water transported hereunder, or for the construction or operation of the LNRA Facilities, after expiration of any appeal available to the City or b. The promulgation or issuance of any order, rule, regulation or determination by a court or Federal or State governmental agency, after expiration of any appeal available to the City. 8.03 Termination by City. This Contract may be terminated by the City if: a. It becomes illegal or impossible for the City to take the water as a result of the occurrence of any one or more of the following: 1. The failure of any local, state or federal agency to issue or approve any of the permits, amendments, licenses or authorizations required for the LNRA Facilities or the Mary Rhodes Phase II Pipeline, after expiration of any appeal available to LNRA; 2. The revocation or modification of any such permit, amendment, license or authorization; or 17 3. The promulgation or issuance of any order, rule or regulation or determination by a court or Federal or State governmental agency, after expiration of any appeal available to LNRA. b. It becomes illegal or impossible for the City to utilize the Colorado River Water as a result of the occurrence of any one or more of the following: 1. The cancellation, amendment or other limitation by any local, state or federal agency of any of the permits, amendments, licenses or authorizations required for the appropriation of water from the Colorado River for industrial or municipal use, or for the use by the City of the water to be transported hereunder, or for the construction or operation of the Mary Rhodes Phase II Pipeline, or 2. The promulgation or issuance of any order, rule, regulation or determination by a court or governmental agency. 8.04 Notice of Termination. If a party desires to terminate this Contract by reason of any of the events described in Section 8.02 or Section 8.03 above, it shall, within three (3) months after it acquires knowledge of such event, deliver to the other party a written notice stating such desire, describing the event, and specifying the date on which this Contract is to terminate, which date shall be at least six (6) months from the date of such notice. 8.05 Option to Renew. If, at the expiration of the fixed term of this Contract as above provided, City is not in default and this Contract is then in full force and effect, the City shall have a right to renew and extend this Contract for an additional period of fifty (50) years on the terms and conditions, providing for the service at a cost which is reasonable, just and nondiscriminatory, provided that City delivers written notice to LNRA by registered or certified, 18 prepaid and properly addressed first class United States mail of its intention to do so not less than ninety (90) days prior to the expiration of the original term herein provided. 8.06 Default. If either party defaults in the observance or performance of any of the provisions, agreements or conditions to be observed or performed on its part under this Contract, the other party may give written notice to the party in default of its intention to terminate this Contract, specifying the failure or default relied upon. Upon the expiration of forty-five (45) days after the giving of such notice, this Contract shall terminate, unless, within such forty-five (45) day period, or such longer period as may be specified in such notice or any amendment of or supplement to such notice, the default specified in such notice shall have been fully cured. 8.07 Rights after Termination. If the City terminates this Contract pursuant to Section 8.03 above, the City shall pay all costs identified in Section 4.01 through the date of termination, including any claims or damages arising out of contracts entered into by LNRA for operation of LNRA Facilities. This provision shall survive any such termination. 8.08 Force Majeure. If by reason of force majeure, either party shall be rendered unable, wholly or in part, to carry out its obligations under this Contract, and if such party gives notice and full particulars of such force majeure, in writing, to the other party within a reasonable time after occurrence of the event or cause relied on, the obligations of the party giving such notice (other than obligations for the payment of money), so far as they are affected by such force majeure, shall be suspended during the continuance of the inability then claimed, including a reasonable time for removal of the effect thereof. The term "force majeure" shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, orders of any kind of the Government of the United States, or any state, or any agency or political subdivision of the United States or any state, or any other civil or military authority, insurrection, riots, 19 epidemics, landslides, lightening, earthquakes, fire, hurricanes, tornadoes, storms, floods, washouts, droughts, arrests, civil disturbances, explosions, breakage or accidents to machinery, transmission pipes or canals, shortages of labor, materials, supplies or transportation, or any other cause not reasonably within the control of the party claiming such inability. The requirement that any force majeure shall be reasonably beyond the control of the party shall be deemed to be fulfilled even though the existing or impending strike, lockout or other industrial disturbance may not be settled but could have been settled by acceding to the demand of the opposing person or persons. The parties shall use their best efforts to remove the cause of any force majeure; provided further, to the extent the inability does not continue the City shall retain its right to receive the volume of water that would have otherwise been delivered, and LNRA shall make delivery of such water as soon as is reasonably possible following resumption of deliveries, or upon such other terms as the parties may agree. 8.09 Assignment. The City may not transfer or assign this Contract, or transfer its rights or delegate its duties hereunder, without the consent of LNRA, which consent shall not be unreasonably withheld. Upon any permitted assignment of this Contract, effective as of the date of such permitted assignment, the City shall be released from all of its obligations under this Contract except any pending and unsatisfied payment obligations as of the date of the permitted assignment. LNRA shall not assign this Contract nor transfer its rights or delegate its duties hereunder without the written consent of the City, except to a successor of the duties and functions of LNRA. 20 8.10 City Audit. Upon reasonable notice, during normal business hours, the City shall be entitled to inspect and review LNRA records of any costs assessed or incurred under this Contract. 8.11 Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given when sent by first-class mail, postage prepaid, addressed 21 if to LNRA: Lavaca-Navidad River Authority PO Box 429 Edna, TX 77957 Attention: General Manager and if to the City: City of Corpus Christi, Texas PO Box 9277 Corpus Christi, TX 78469-9277 Attention: City Manager or, in each case, at such other address as may hereafter have been designated most recently in writing by the addressee to the addressor. 8.12 Governing Law, Entire Agreement, Etc. This Contract (a) may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument; (b) constitutes the entire agreement between LNRA and the City with respect to the subject matter hereof; (c) shall be governed in all respects, including validity, interpretation and effect, by and shall be enforceable in accordance with the laws of the State of Texas; (d) may be modified only by an instrument signed by the duly Authorized Representative of each of the parties, and (e) shall not be construed as a contract for the benefit of a third party other than a permitted successor or assign of a party. In the event that any clause or provisions of this Contract shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provisions shall not affect any of the remaining provisions hereof. Each party may specifically, but only in writing, waive any breach of this Contract by the other party, but no such waiver shall be deemed to constitute a waiver of similar or other breaches by such other party. 22 8.13 Exhibits. Exhibits to this Contract include: Exhibit A Drawing of LNRA Facilities and City -Constructed Improvements Exhibit B Easement Agreement Exhibit C Description (List) of West Delivery System Improvements Exhibit D Bill of Sale and Conveyance of Improvements IN WITNESS WHEREOF, LNRA and the City have caused this Contract to be executed on their behalf by their duly Authorized Representatives, as of the date first set forth above. LAVACA-NAVIDAD RIVER AUTHORITY [SEAL] ATTEST: Vice -President and Director [SEAL] ATTEST: City Secretary By: President and Director CITY OF CORPUS CHRISTI, TEXAS By: City Manager 23 APPROVED AS TO FORM: City Attorney 24 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 18, 2014 Action Item for the City Council Meeting of March 25, 2014 DATE: March 18, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP©cctexas.com (361) 826-3227 Reimbursement Resolution for Marina "R" Pier Project CAPTION: Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax-exempt or taxable obligations to be issued by the City for authorized purposes in an amount not to exceed $2,600,000; authorizing other matters incident and related thereto; and providing an effective date. PURPOSE: Since the City may begin awarding contracts for the replacement of the "R" Pier at the Corpus Christi Marina prior to the issuance of debt, this resolution is needed for the City to reimburse itself for costs incurred prior to the receipt of the bond proceeds. BACKGROUND AND FINDINGS: The existing "R" Pier at the City Marina was constructed in 1982 but now 32 years later, the dock is rotted and unsafe for its intended purpose. A replacement dock is being proposed at a cost of $2,600,000 for a minimum of 91 boats slips up to 146 boat slips, depending on the pricing resulting from the bids. Costs associated with the design/build contract are expected to take place prior to the issuance of bonds to fund the project, and so in order for the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department FINANCIAL IMPACT: X Not Applicable ❑ 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 - $ - $ - $ - BALANCE - $ - $ - $ - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS FROM THE PROCEEDS OF TAX- EXEMPT OR TAXABLE OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES IN AN AMOUNT NOT TO EXCEED $2,600,000; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) building, improving, extending, renovating, enlarging, and repairing the City's Marina System (the System) and the purchase of equipment, supplies, machinery, and other personal property relating to the System (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the Issuer's projects that are the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt or taxable obligations (the Obligations) that the Issuer currently contemplates issuing in the principal amount of not to exceed $2,600,000 to finance a portion of the costs of the Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and 57733150.3 WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4: The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5: This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds", as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt or taxable obligations. SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. -2- 57733150.3 SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] 57733150.3 PASSED AND ADOPTED on the 25th day of March, 2014. ATTEST: City Secretary APPROVED THIS DAY OF ....... Ci Attorney -4- 57733150.3 CITY OF CORPUS CHRISTI, TEXAS Mayor , 2014: THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of March, 2014, relating to establishing the City's intention to reimburse itself in an amount not to exceed $2,600,000 for improvements to the City's Marina System, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of , 2014. City Secretary (CITY SEAL) -5- 577331503 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 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of March 18, 2014 Action Agenda Item for the City Council Meeting of March 25, 2014 DATE: March 3, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works & Utilities gustavogo@cctexas.com (361) 826-1874 FROM: Daniel Biles, P. E., Executive Director, Public Works danb@cctexas.com (361) 826-3729 Ordinance to Amend the FY 2014 Capital Improvement Program Budget Marina "R" Pier Project CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to add Project Number E13144 City Marina Replacement of Pier R; increasing revenues and expenditures in the amount of $3,239,496. PURPOSE: Amending the Capital Improvement Program (CIP) Budget for inclusion of the Marina "R" Pier Project will allow the City to begin work on this project. BACKGROUND AND FINDINGS: A separate agenda item on March 18, 2014, provided City Council the opportunity to approve a Reimbursement Resolution in the amount of $2,600,000 for the replacement of the existing "R" Pier at the City Marina. This item will amend the Fiscal Year 2014 Capital Improvement Program Budget so staff may begin work on the project for the procurement of Professional Design Services. In addition to the $2,600,000 in future Marina Revenue Bonds, this project includes the potential receipt of two US Fish and Wildlife Grants in the amount of $502,496 and $137,000. These grants would be for the design and construction of an additional 35 boat slips for larger transient boats and a sewage pump out system for the pier. If the City of Corpus Christi receives these grants, a future agenda item will be presented to City Council for their acceptance and execution of the grant documents. Any required grant match will come from the existing project and $2,600,000 planned work. ALTERNATIVES: Not Applicable CONFORMITY TO CITY POLICY: This item conforms to City Policy. EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Legal Department Finance Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2013-2014 Project to Date Expenditures (CIP only) Current Year BUDGET Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $3,239,496 $3,239,496 Future Anticipated Expenditures BALANCE $3,239,496 $3,239,496 COMMENTS: This item is to amend the CIP program so work may begin on the project. When bonds are issued, and if future grants are received, additional items will be presented to City Council to execute the required documents. RECOMMENDATION: City Staff recommends approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to add Project Number E13144 City Marina Replacement of Pier R; increasing revenues and expenditures in the amount of $3,239,496. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to include the City Marina Replacement of Pier R Project Number E13144. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase revenues and expenditures in the amount of $3,239,496. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 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 on this the day of , 2012. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of March 18, 2014 Second Reading Ordinance for the City Council Meeting of March 25, 2014 DATE: February 13, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from Farm Rural to Light Industrial By Bill Ferguson Property Location: Southwest corner of Leopard Street and Rhew Road CAPTION: Case No. 0214-01: Bill Ferguson: A change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District, not resulting in a change to the Future Land Use Plan. The property is described as being a 69.265 -acre tract of land out of a 176 -acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, located along the west side of Rhew Road, between Leopard Street and Sedwick Road. PURPOSE: The purpose of this item is to rezone the property to allow development of light industrial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "IL" Light Industrial District to allow future development of light industrial uses. The proposed rezoning would allow the property to be subdivided and sold to light industrial businesses. The proposed rezoning is consistent with the Comprehensive Plan and the adopted Future Land Use Plan, which calls for light industrial service uses. The proposed rezoning will allow uses such as light industrial, warehouse and freight movement, heavy vehicle service, and waste related service. The proposed rezoning will not negatively impact the surrounding properties and the property to be rezoned is suitable for light industrial uses. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is consistent with the City's Comprehensive Plan and the Future Land Use Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 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 LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by Bill Ferguson, acting as agent on behalf of D.W. Grant, Jr., Betty Grant Armstrong, Andrea Alice Armstrong Plymale, Amie Alexandria Armstrong Kirk, Amanda Annette Armstrong England, Sam Megarity Armstrong, Jr. ("Owners"), by changing the UDC Zoning Map in reference to a 69.265 -acre tract of land out of a 176 -acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, from the "FR" Farm Rural District to the "IL" Light Industrial 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 Bill Ferguson, acting as agent on behalf of D.W. Grant, Jr., Betty Grant Armstrong, Andrea Alice Armstrong Plymale, Amie Alexandria Armstrong Kirk, Amanda Annette Armstrong England, Sam Megarity Armstrong, Jr. ("Owners"), 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, February 12, 2014, during a meeting of the Planning Commission, and on Tuesday, March 18, 2014, 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 by Bill Ferguson, acting as agent on behalf of D.W. Grant, Jr., Betty Grant Armstrong, Andrea Alice Armstrong Plymale, Amie Alexandria Armstrong Kirk, Amanda Annette Armstrong England, Sam Megarity Armstrong, Jr. ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 69.265 -acre tract of land out of a 176 -acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, located along the west side of Rhew Road, between Leopard Street and Sedwick Road (the "Property"), from the "FR" Farm Rural District to the "IL" Light Industrial District (Zoning Map Nos. 056046 & 056045), 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, 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 and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 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 day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0214-01 Ordinance, Bill Ferguson Page 3 of 3 STATE OF TEXAS COUNTY OF CES Field Notes of a 69.265 acre tract out of ihe Sedwick Tract being a 176.00 acre tract described in a deed recorded in Document No. 850703, Deed Records Nueces County, Texas. Said acre tract also being out of The J. Dunn Survey, Absoct-985. Said 69,265 acres being more particularly described as follows: BEG 1 INC at a 5/8" iron rod found in the intersection of Sedwick Road and Rhew Road for the southeast comer of this survey, THENCE with the center of Sedwick Road, South 89'1848" West, a distance of 637.83 feet to a cotton spindle set in the center of Sedwick Road for the southwest corner of this survey, from WHENCE a 5/8" iron rod found in the intersection of Sedwick Road and Clarkwood Road bears, South 8918'48" West, a distance of 5573,22 feet. THENCE North 01°26'30" West, at a distance of 30.00 feet pass a 5/8" iron rod set as an offset in the north right ofway of Sedwick Road, a total distance of 4878.33 feet to a 5/8" iron rod set in the south right of way of Leopard street for the northeast comer of Lot 1, Hudson Acres, as shown on a map recorded in Volume 43, Page 32, Map Records Nueces County, Texas, and for the northwest comer of this survey. THENCE with the south right of way of Leopard street, South 6599'35" East, at a distance of 673.08 feet pass a 5/8" iron rod set as an offset in the intersection of the south right of way of Leopard Street and the west right of way of Rhew Road, a total distance of 706.31 feet to a cotton Spindle set in the center ofIthew Road for the northeast corner of this survey. THENCE with the center of Rhew Road South 01°26'30" East, a distance of 4583.23 feet to the POINT OF BEGINNING of this survey, and containing 69.265 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum 2.) A Map of equal date accompanies this Metes and Bounds description. 1, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day January 6. 2014 and is correct to the best of my knowledge and belief. 41 0.10r1 Ronald E. Brister, RPLS No. 5407 Date: January 6, 2014. Joh 131521 EXHIBIT A SCALE 1" = 250` SURVEY OF 69.265 ACRES OUT OF THE SEDWICK TRACT BEING A 176.00 ACRE TRACT DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 800703, DEED RECORDS NUECES COUNTY, TEXAS. SAID ACRE TRACT ALSO BEING OUT OF THE 1. DUNN SURVEY, ABSTRACT 985, THIS SUR, DONEB ITHOUTTHE BENEFIT OFATITLE COwaaHnaErT. MEW ROAD DS' RIGHT 01, WAY Brister Surveying OT 2., HUDSON AcNrs w RN T. 3. CD HUDSON ACRES VOL, 46 PAGE 801'26'36"E.4583.23 (MEAS) 69.265 .ACRES 3,057,588 82 . N0172670"54 487933' (MEAS NN 10 INDSON ACRES - 3 OM ACRE, DOD NODONNONA I NOT TO SCI CIDANSICALS IN GRAND, N.01-DA0 ONLY, IS LOCATED WINSIN,701,D. -DEJA ANAGFANNY MAID (N O N 585,24 mas C D� JULY 18.1985 118)AND ®sNOT LOCATED iNNEAR NOON ZONE JhsctaiFn Ro HUDSON AC _ O = POUND 518" IRON ROD O� = SET 57S" IRON ROD 0 = SET COTTON SPINDLE ,J5)0 NO.131322 N 01'ES. 1)-1'OI'.1A. 9138,X8X12 AREA IS 89 255 A(Rt.S 2.) MEASURED 1313AR10)39 ARE BASED ON GLOBAL POS4P)ON5N!, 929 Ti( NAll 33 (03) 42051JA1UM. 3) A METES AND BOUNDS IJLSC5) 5,108 OF E95.44) DATE ACCOMPANIES THIS SERI' EY. 40860510r5)84 '1/4,SuRNO 086.0884)5)84 S(,INO THIS SURVEY DOES NOT - INCLUDE NDAHONS Or ALL SERVITUDES, EASEMENTS, RICA ri OF WADS, OR UTILITIES ON THIS PROVER, THAI HIS SURVEY (ND1 HE PROPER, ,C.l IIS INNNI D WAS MADE ON AND IS CORRECT TO 'I', eF,S DINAN KNOWLEDOE AND BELIEF. 7-06-0 r k 1 EXHIBIT B PLANNING COMMISSION FINAL REPORT Case No.: 0214-01 HTE No. 14-10000002 Planning Commission Hearing Date: February 12, 2014 Applicant & Legal Description Applicant: Bill Ferguson Owners: D.W. Grant, Jr., Betty Grant Armstrong, Andrea Alice Armstrong Plymale, Am ie Alexandria Armstrong Kirk, Amanda Annette Armstrong England, Sam Megarity Armstrong, Jr. Legal Description/Location: Being a 69.265 -acre tract of land out of a 176 - acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, located along the west side of Rhew Road, between Leopard Street and Sedwick Road. Zoning Request From: "FR" Farm Rural District To: "IL" Light Industrial District Area: 69.265 acres Purpose of Request: To allow development of light industrial uses. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Vacant Light Industrial North "IL" Light Industrial Light Industrial Light Industrial South "IL" Light Industrial Vacant & Heavy Industrial Light Industrial East "RMH" Manufactured Home & "IL" Light Industrial Vacant, Medium Density Residential, & Light Industrial Light Industrial West "IL" Light Industrial Vacant, Heavy Industrial & Light Industrial Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan (ADP) and is planned for light industrial uses. The proposed change of zoning to the "IL" Light Industrial District is consistent with the adopted Future Land Use Plan. Map No.: 056046 & 056045 Zoning Violations: None Transportation Transportation and Circulation: The subject property has access to Rhew Road, which is a "C3" Primary Collector street, Leopard Street, which is an "A2" Secondary Arterial Divided street, and Sedwick Road, which is an "Al" Minor Arterial Undivided street. The developer will be responsible for constructing the future section of Erne Street, which is a local street that will intersect with Rhew Road. Case# 0214-01 Bill Ferguson Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2010) Rhew Rd. "C3" Primary Collector 75' ROW 50' paved 45' ROW 20' paved Not Available Leopard St. "A3" Primary Arterial Divided 130' ROW 79' paved 160' ROW 60' paved E 2,987 W 2,723 Sedwick St. "Al" Minor Arterial Undivided 95' ROW 64' paved 60' ROW 22' paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District to allow future development of light industrial uses. The applicant does not have a specific development plan for the property but will subdivide the tract of land to sell lots for light industrial businesses. Existing Land Uses & Zoning: North of the subject property are industrial properties zoned "IL" Light Industrial District. East of the subject property are multifamily properties, vacant land, and industrial properties zoned "IL" Light Industrial District and "RMH" Manufactured Home District. South of the subject property is a gas compression facility and vacant land zoned "IL" Light Industrial District. West of the subject property is vacant land and an industrial facility zoned "FR" Farm Rural District and "IL" Light Industrial District. Further west of the subject property is a single-family subdivision. The Port/AirportNiolet Area Development Plan calls out the subdivision as being in transition from residential to industrial. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is within the boundaries of the Port/AirportNiolet ADP and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for light industrial uses. Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan. • The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for light industrial uses. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. Case # 0214-01 Bill Ferguson Page 3 • The proposed development will not impact traffic along Main Street, which is a local residential street. The subject property has convenient access to Leopard Street and Sedwick Road, which are both arterial type streets. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. Notification Number of Notices Mailed — 36 within 200 -foot notification area; 1 outside notification area As of February 13, 2014: In Favor — 21 inside notification area; 0 outside notification area In Opposition — 0 inside notification area; 0 outside notification area For 0.00% in opposition. Attachments: Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0214-01 Bill Ferguson\City Council Docs\0214-01 Report for CC, Bill Ferguson.docx 0 400 800 Feet Care Created: 2/3/2014 Prepared 8'y.: Jeremym ertt of development Services RM -1 Muhifamlly 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CH -1 Neighborhood Comma CN -2 Neighborhood Commer CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial Cl Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit !Bev. Overlay RS -40 Single -Family 10 R5-6 Single -Family 6 RS -4.5 Single-Famlly 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home 5urntentF verty 0 CanVrrerx Mtn 200' buffer in favor raers trPtl7JP ZOO' Wed €rrp ty/ Owners to cPabr�' umvnersIbp sat* A ms uppearbbn °CATION MAP _ _7 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of March 18, 2014 Second Reading Ordinance for the City Council Meeting of March 25, 2014 DATE: February 13, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Dept. BarneyW@cctexas.com (361) 826-3595 Rezoning from Farm Rural to Light Industrial By Congregation of Divine Providence, Inc. Property Address: 6045 Bear Lane CAPTION: Case No. 0214-02 Congregation of Divine Providence, Inc.: A change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District, not resulting in a change to the Future Land Use Plan. The property is described as being 40 acres of land, more or less, out of the northeast corner of Lot 1 of the Margaret Kelly Land, located on the south side of Bear Lane, approximately 350 feet west of Junior Beck Drive. PURPOSE: The purpose of this item is to rezone the property to allow future development of light industrial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "IL" Light Industrial District to allow an oil field service company to develop a 120,000 -square foot facility. The proposed rezoning is consistent with the adopted Future Land Use Plan, which calls for light industrial uses on the subject property and neighboring properties. The proposed rezoning will allow uses such as light manufacturing, fabricating, warehousing and wholesale distributing. The proposed rezoning will not negatively impact the surrounding properties and the property to be rezoned is suitable for light industrial uses. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is consistent with the City's Comprehensive Plan and the Future Land Use Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 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 LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by the Congregation of Divine Providence, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 40 acres of land, more or less, out of the northeast corner of Lot 1 of the Margaret Kelly Land, from the "FR" Farm Rural District to the "IL" Light Industrial 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 Congregation of Divine Providence, 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, February 12, 2014, during a meeting of the Planning Commission, and on Tuesday, March 18, 2014, 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 by the Congregation of Divine Providence, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 40 acres of land, more or less, out of the northeast corner of Lot 1 of the Margaret Kelly Land, located on the south side of Bear Lane, approximately 350 feet west of Junior Beck Drive (the "Property"), from the "FR" Farm Rural District to the "IL" Light Industrial District (Zoning Map No. 052041), 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, 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 and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 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 day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0214-02 Ordinance, Congregation of Divine Providence, Inc. Page 2 of 2 MURRAY'BASS,, IR,., P.E,,,R.P.LS. Nixon M. WELSH, P.E,R.P.LS„ care e,. m a 1 II :.!tm.V.y.!II't' 'Y. „i»,,.7IV.,„a l P.. BASS & LSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027 00 P.Q. Box 6347 Corpus Christi, TX 79466-6397 December 13, 2013 Field Note Description 3054 S. ALAMEDA, ZIP 78404 361 882-5521— FAX 361 882-1265 e-mail 4iVa.y54ite°i!,1'r.s: mn. Being 40 acres of land, more or less, out of the northeast comer of Lot One (1) of the Subdivision of the MARGARET KELLY LAND, as shown by map or plat thereof recorded in Volume 8, Page 40, Map Records of Nueces County, Texas, and as described by metes and bounds as follows, to wit: BEGINNING at the northeast comer of Block 1 of the Subdivision of the Margaret Kelly Land for a place of beginning; THENCE West 1306.7 feet along the north line of Block 1 to a point for the Northwest corner of this 40 acre tract, THENCE South parallel to the east line of Block 1, for a distance of 1333.32 feet to a point for the Southwest comer of this 40 acre tract; THENCE East 1306.7 feet to the east line of Block 1 for the Southeast comer of this 40 acre tract, THENCE North along the east line of Block 1, 1333.32 feet to the PLACE OF BEGINNING. ,„‘y y Bass, r , R.PL.S, Note z Description h s n prepared from a • anent of cd and dos not RIpresesrt a sunray rnade an Me gr rnd MBJ sett 13090-MAB.doc Page 1 of 1 EXHIBIT "A” 3111311.. 1„117':, 11 q..„� X11. d:, .. '.' „ m .,11,'31„,V . .. (,d13,3,116: gd,11.. d1117221:11.31111) E111113t11111 D) q...;;°11.11.. 3j''11 tt3L..';;:)1,d;:1:4441 "11 13)111111111113„„„. 16111 111161113 1:.';, 111:61111111111.11',11„. 111:11:1„:11113. EAR LAN 11.231111” 0111"1: 111113„„„:11111611111124:11 361:31„„„. 150 11""11113 32,E WFST 1306 70' 11311„J 4111 ':11 d''',d''113 (111111F1 111111110 d::. 72111113 1114111,633136Rq':::.q.1'1111 q)''' °"'ll q...... 113 d.."11,;;,;,, ,13413 d1:+1q.,d:.113411: (3.13" 11...„,3.11...11 11..11 d' 11..3d''o,)'” 11011(,;.,;11d311 f;;,,;;p f ""11:11561 .11 11'1111:. 1Rd'.,;;,3.wuR.:.'q.. d^';q:.q...q..."Y” q...,13:d:N(111) 113)011H„„. d... 1 N rri M M D 0 N Itt D gF11d' PSTIR11,110 ..11""0113 11111,11011„„„ 0(11;” f23:153111 11„„„1111311 IFIF 1000 500 0 11.„.111121111” ,� ” °i4..11d1!11'd::l,q"u''q,1d:1q°N'11d::. IIIIA,ARIII13,307111131111" 11311111111111.11„„."Y: 11„,,,,,0:13611) 1111162„„„. 113 111""(113 11.E:3 111:61111111113113011111:17111""„. I GRAPHIC SCALE 1000 2000 40 ( IN FEET ) 1 inch = 1000 ft. L„011 5 0 NOTE: THIS SKETCH HAS BEEN PREPARED FROM DOCUMENTS OF RECORDS AND DOES NOT REPRESENT A SURVEY MADE ON THE GROUND REZONING SKETCH CONGREGATION OF DIVINE PROVIDENCE -OWNER 6045 BEAR LANE Preparedl Bass & Engineering CORPUS CHRISTI , TX 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882-5521 (phone) (361) 882-1265 (fax) Firm Registration No. F-52 Job No: 13090 Scale: 1 "=100' Date: 12-13-2013 Drawing No: 13090 Plo tscale: 1=1 Sheet 1 of 1 EXHIBIT "B" PLANNING COMMISSION FINAL REPORT Case No.: 0214-02 HTE No. 14-10000001 Planning Commission Hearing Date: February 12, 2014 Applicant & Legal Description Applicant/Owner: Congregation of Divine Providence, Inc. Legal Description/Location: Being 40 acres of land, more or less, out of the northeast corner of Lot 1 of the Margaret Kelly Land, located on the south side of Bear Lane, approximately 350 feet west of Junior Beck Drive Zoning Request From: "FR" Farm Rural District To: "IL" Light Industrial District Area: 40 acres Purpose of Request: To allow future development of light industrial uses. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm -Rural Vacant Light Industrial North "IL" Light Industrial Light Industrial Light Industrial South "FR" Farm -Rural Vacant Light Industrial East "IL" Light Industrial Vacant and Light Industrial Light Industrial West "FR" Farm -Rural Vacant Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located in the Port/Airport/Violet Area Development Plan (ADP) and is planned for light industrial uses. The proposed change of zoning to the "IL" Light Industrial District is consistent with the adopted Future Land Use Plan. Map No.: 052041 Zoning Violations: None Zoning Report Case #0214-02 Congregation of Divine Providence, Inc. Page 2 Transport- ation Transportation and Circulation: The subject property has access to Bear Lane, which is an "Al" Minor Arterial street. a 6i ? Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2010) Bear Lane "Al" Minor Arterial 95' ROW 64' paved 78' ROW 25' paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District to allow the development of an oil field service company, Cameron International. Applicant's Development Plan: The applicant plans to sell the land after rezoning. The potential buyer is Cameron International. Cameron International proposes to develop a 120,000 -square foot facility, of which 16,500 square feet will be office use. The office building will be two stories with a height of 30 feet. The workshop building will be 103,500 square feet. The business will have approximately 350 employees and hours of operation will be 24 -hours per day, seven days a week, and working in two or three shifts. Existing Land Uses & Zoning: The property north of the subject property across Bear Lane is zoned "IL" Light Industrial District and is occupied by the RTA, which is a light industrial use. East of the subject property is zoned "IL" Light Industrial District and consists of vacant land and light industrial uses. West and south of the subject property is vacant land zoned "FR" Farm Rural 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 subject property is within the boundaries of the Port/Airport/Violet ADP and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for light industrial uses. Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan. • The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for light industrial uses. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. Zoning Report Case #0214-02 Congregation of Divine Providence, Inc. Page 3 Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. Number of Notices Mailed — 8 within 200 -foot notification area; 5 outside notification area As of February 24, 2014: In Favor — 0 inside notification area; 0 outside notification area In Opposition — 0 inside notification area; 0 outside notification area For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Conceptual Site and Phasing Plan K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0214-02 Congregation of Divine Providence, Inc\Council Documents\0214-02 Report for Council, Congregation of Divine Providence, Inc..docx CASE: 0214-02 ZONING & NOTICE AREA. 8 Feet Dare Created. V27/2014 Prepared 8'y.: Jeremym erre of Development Services RM -1 MultNam lty 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT MultifamilyAT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBO Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial YH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 5 RS -4.5 Single-Famlly4.5 RS -TF Two -Family RS -15 Single -Family 15 REResidential iEatate RS-TH Townhouse SP Special Permit. RV Recreational Vehicle Paris RMH Manufactured Home Sab,, ci Franke Cu^��rl s LLJ� math eke 2O ha fa VW A Owners vatl5rrr 200" foatc�d oYV Owners "7 attached ownershep dvibr A ort appevreen SUBJECT PROPERTY Cein SURFACE SYSTEM - CORPUS CHRISTI FACILITY ®P� SEo.E ETE-EOMP�TEOPLL �Px sE oxE-sTE-xEwrcTearnc Pwmxo ®Px SE Two-a�I�nl.o-aaEw:isxoPiwEa ®Px SE Two-a�I�nl.o-sEmncEiwEa M„- IWO SITE COMPACTED HI, „PSE TwC- SITE -PARKIN LOT SERVICE „PSE IWO SITE SETwo-a�I.nwooOFFNTEppo „ E„-- CR/EPEE. SHIPPING i PESEN.o PHASING - AREA CALCULATIONS NAME AREA PHASE 1 PHASE ONE - BUILDING - 2 STORY FRONT OFFICE LEVEL 1 8,610 SF PHASE ONE - BUILDING - COVERED SHIPPING /RECEIVING 4,010 SF PHASE ONE - BUILDING - FRONT OFFICE LEVEL 2 SHELL 8,610 SF PHASE ONE - BUILDING WORKSHOP 59,500 SF PHASE ONE - SITE - COMPACTED FILL 88,280 SF PHASE ONE - SITE - EARTHWORK 315,370 SF PHASE ONE - SITE - HEAVY TRAFFIC PAVING 48,910 SF PHASE ONE - SITE - LANDSCAPE 30,310 SF PHASE ONE - SITE - PARKING LOT 1 36,040 SF PHASE ONE SITE UTILITIES 72,150 SF SUBTOTAL 671,780 SF PHASE 2 PHASE TWO - BUILDING - BREAK / SHOP AREA 7,810 SF PHASE TWO - BUILDING - COVERED SHIPPING /RECEIVING 3,960 SF PHASE TWO - BUILDING - FRONT OFFICE LEVEL 2 TI 8,610 SF PHASE TWO - BUILDING - OFFICE 4,890 SF PHASE TWO - BUILDING - SERVICE ARE9 24,800 SF PHASE TWO - BUILDING WORKSHOP 42,100 SF PHASE TWO - SITE - COMPACTED FILL 64,590 SF PHASE TWO - SITE - EARTHWORK 400,480 SF PHASE TWO - SITE - HEWY TRAFFIC PAVING 58,970 SF PHASE TWO - SITE - LAG/DOWN YARD 128,030 SF PHASE TWO - SITE - PARKING LOT 3 33,140 SF PHASE TWO - SITE - PARKING LOT SER/ICE 11,480 SF PHASE TWO - SITE - UTILITIES 92.810 SF SUBTOTAL 881,680 SF GRANDTMML PILASEIW©PARKING ms PARKING SPACES PHASE LINO - BUILDING -SERVICE AREA 20,803 SF PHASE LINO - BUILDING L as o -s FFICE PHASE ONE -SITE - LANDSCAPE 6,960 SF ENTRY/ EXIT PU SEONE- ETE 12,900 SF ENTRY/ EXIT ek CAMERON CORPUS CHRISTI FACILITY Studio AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of March 18, 2014 Second Reading Ordinance for the City Council Meeting of March 25, 2014 DATE: February 13, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from Commercial to Residential By Santos and Virginia Herrera Property Address: 4410 Ivy Lane CAPTION: Case No. 0214-04: Santos and Virginia Herrera: A change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District, resulting in a change to the Future Land Use Plan from commercial to low density residential uses. The property is described as being a 0.113 -acre tract of land out of Lot 10A, Ava Cooper Subdivision, located approximately 200 feet north of Gollihar Road and 75 feet east of Ivy Lane. PURPOSE: The purpose of this item is to rezone the rear portion of the property to allow single- family uses. RECOMMENDATION: Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District to allow an addition to a single-family dwelling. The lot consists of a single-family dwelling at the front of the property and a carport with storage on the rear portion of the property. The front 75 feet of the property is zoned "RS -6" District and the remainder of the property is zoned "CN -1" District. The carport and proposed addition are located in the portion of the property zoned "CN -1" District. Although inconsistent with the Future Land Use Plan, the rear portion of the property is unlikely to develop with commercial uses. A single-family dwelling exists on the front of the property and an addition of the dwelling into the rear portion of the property is reasonable. The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area along Ivy Lane. The current low density residential use of the property would not be changed as a result of the rezoning. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is consistent with the City's Comprehensive Plan and the Future Land Use Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 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 LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by Santos Herrera and Virginia Herrera ("Owners"), by changing the UDC Zoning Map in reference to a 0.113 -acre tract of land out of Lot 10A, Ava Cooper Subdivision, from the "CN -1" Neighborhood Commercial District to the "RS -6" Single - Family 6 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 Santos Herrera and Virginia Herrera ("Owners"), 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, February 12, 2014, during a meeting of the Planning Commission, and on Tuesday, March 18, 2014, 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 by Santos Herrera and Virginia Herrera ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 0.113 -acre tract of land out of Lot 10A, Ava Cooper Subdivision, located approximately 200 feet north of Gollihar Road and 75 feet east of Ivy Lane (the "Property"), from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District (Zoning Map No. 046039), 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, 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 and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 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 day of , 20 ATTEST: Rebecca Huerta City Secretary 0214-04 Ordinance, Santos and Virginia Herrera Nelda Martinez Mayor Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES THIS DOES NOT REPRESENT AN ON THE GROUND SURVEY AND IS INTENDED FOR REZONING PURPOSES ONLY. Field Notes of a 0.113 acre tract of land being out of Lot 10A, Ava Cooper Subdivision, as shown on a map recorded in Volume 35, Page 39, Map Records Nueces County, Texas. Said 0.113 acres being more particularly described as; COMMENCING at a point in the east right of way of Ivy Lane, for the common west corner of LotlOA, and Lot 9A, Ava Cooper Subdivision, as shown on a map recorded in Volume 10, Page 25, Map Records Nueces County, Texas, THENCE with the common boundary line of said LotlOA and said Lot 9A, South 61°40'00" East, a distance of 75.00 feet to a point in the common boundary line of said Lot 10A and said Lot 9A, for the northwest corner of this property, and the POINT of BEGINNING. THENCE with the common boundary line of said Lotl OA and said Lot 9A, South 61°40'00" East, a distance of 98.44 feet to a point for the northeast corner of Lot 10A, and for the northeast corner of this property. THENCE South 28°12'00" West, a distance of 50.00 feet to a point for the southeast corner of Lot 10A, and for the southeast corner of this property. THENCE with the common boundary line of said LotlOA and said Lot 11A, North 61°40'00" West, a distance of 98.44 feet, in the common boundary line of said Lot 10A and said Lot 11A, and for the southwest corner of this property. THENCE North 28°12'00" East, a distance of 50.00 feet to the POINT OF BEGINNING of this property, and containing 0.113 acres of land, more or less. Notes: 1.) Bearings are based on Platted bearings recorded in Volume 35, Page 39. eanaa9e.fik26t.. Ronald E. Brister, RPLS No. 5407 Date: January 21, 2014. Job 14101 THIS DOES NOT REPRESENT AN ON THE GROUND SURVEY AND IS INTENDED FOR REZONING PURPOSES ONLY. EXHIBIT A SKETCH OF LOT 10-A AVA COOPER SUBDIVISION NUECES COUNTY, TEXAS SCALE 1" = 30' MAP RECORDS OF NUECES COUNTY, TEXAS VOLUME 35 PAGE 39 4410 IVY LANE 50' RIGHT OF WAY LOT 11-A LOT 11 LOT 10-A N28°12'00"E 50.00' 4,922 S.F. /a 0.113 ACRES c, i /0 S28°12'00"W 50.00' LOT 10-B P.O.B. LOT 9A LOT 9B O= PROPERTY CORNER Brister Surveying 4659 Everhart Suite 100 Corpus Christi, Texas 78411 Off361-850-1800 Fax 361-850-1802 Bristersurveying@corpus.hvcbc.com Firm Registration No. 10072800 SKETCH DAIS JANUARY 30, 2014 JOB NO. 14101 THIS DOES NOT REPRESENT AN ON THE GROUND SURVEY AND IS INTENDED FOR REZONING PURPOSES ONLY. EXHIBIT B FINAL PLANNING COMMISSION REPORT Case No.: 0214-04 HTE No. 14-10000006 Planning Commission Hearing Date: February 12, 2014 Applicant & Legal Description Representative: Joe Garcia Applicant/Owners: Santos and Virginia Herrera Legal Description/Location: Being a 0.113 -acre tract of land out of Lot 10A, Ava Cooper Subdivision, located approximately 200 feet north of Gollihar Road and 75 feet east of Ivy Lane. Zoning Request From: "CN -1" Neighborhood Commercial District To: "RS -6" Single -Family 6 District Area: 0.113 acres Purpose of Request: To allow an addition to a single-family dwelling. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CN -1" Neighborhood Commercial Low Density Residential Commercial North "RS -6" Single -Family 6 Vacant & Commercial Low Density Residential South "CN -1" Neighborhood Commercial Low Density Residential Commercial East "CG -2" General Commercial Commercial Commercial West "RS -6" Single -Family 6 Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP) and is planned for commercial uses. The proposed change of zoning to the "RS -6" Single -Family 6 District is not consistent with the adopted Future Land Use Plan. Map No.: 046039 Zoning Violations: None Transpor- tation Transportation and Circulation: The area to be rezoned is a portion of a property that has access to Ivy Lane, which is a local residential street. The subject property has indirect access to Gollihar Road, which is an "Al" Minor Arterial Undivided street, via Ivy Lane. a 6i ? u) ci Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2010) Ivy Ln. Local Residential 50' ROW 28' paved 50' ROW 20' paved Not Available Case # 0214-04 Santos and Virginia Herrera Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District to allow an addition to a single-family dwelling on the property. The lot consists of a single-family dwelling at the front of the property and a carport with storage on the rear portion of the property. The front 75 feet of the property is zoned "RS -6" District and the remainder of the property is zoned "CN -1" District. The carport and proposed addition are located in the portion of the property zoned "CN -1" District. Development Plan: The applicant plans to construct a two-story, 1,060 square -foot addition to an existing single-family dwelling. The proposed location of the addition is located on the portion of the lot zoned "CN -1" Neighborhood Commercial District (see attached site plan). Existing Land Uses & Zoning: North of the subject property is a commercial parking lot and vacant land zoned "RS -6" Single -Family 6 District. South of the subject property is a single-family dwelling zoned "CN -1" Neighborhood Commercial District and "RS -6" Single -Family 6 District. West of the subject property are single-family dwellings zoned "RS -6" Single -Family 6 District. East of the subject property is a commercial business zoned "CG -2" General Commercial 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 subject property is within the boundaries of the Southeast ADP and the proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for commercial uses. Although inconsistent with the Future Land Use Plan, the rezoning would be appropriate for this location and is consistent with the surrounding properties. The proposed rezoning is consistent with pertinent elements of the Comprehensive Plan such as: 1. Protect residential areas by stabilizing and preserving residential neighborhoods (Southeast ADP). 2. Expansion of commercial uses into or within residential areas may be permitted only if such expansions maintains or improves the residential desirability of the impacted neighborhoods (Policy Statement — Commercial D). Department Comments: • Although inconsistent with the Future Land Use Plan, the rear portion of the property is unlikely to develop with commercial uses. A single-family dwelling exists on the remainder of the property and expanding of the dwelling into the rear portion of the property is reasonable. Case # 0214-04 Santos and Virginia Herrera Page 3 • The proposed rezoning would not negatively impact the surrounding residential properties and the property to be rezoned is suitable for low density residential uses. • This rezoning could affect the commercial property east of the subject property if the commercial property expands or redevelops. Ten buffer points and a five-foot buffer yard would be required if the property was to be redeveloped. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area along Ivy Lane. • The current low density residential use of the property would not be changed as a result of a rezoning to the "RS -6" Single -Family 6 District. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District. Number of Notices Mailed — 30 within 200 -foot notification area; 6 outside notification area As of February 13, 2014: In Favor — 2 inside notification area; 0 outside notification area In Opposition — 0 inside notification area; 0 outside notification area For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0214-04 Santos and Virginia Herrera\Council Docs\0214-04 Report for CC, Santos and Virginia Herrera.docx e A*, " � ti 44tol 7 1 4* 0 M CO 2� 44214 S440684,1430, 24 1 23 25 a 17 sem, 2• R S 6 M S"P/72©1 ON CN 41,1,4*so ROss.. 0 Sr 400 Q 20 **C -,-1 /^' C Y 13 UBJECT PROPERTY 29 Gp�� jygR Rp c C N' Date Created: 1/29/2014 800 Prepared By: jeremym partment of Development Services CASE: 0214-04 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition N s LOCATION MAP H /N, - To 49 N., SUBJECT o� PROPERTY 1 r .0mKi, PrifoN 14 VA) o6w 1.1.421's/116, AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of March 18, 2014 Second Reading Ordinance for the City Council Meeting of March 25, 2014 DATE: February 13, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from Farm Rural to Single -Family Residential By The Yorktown Oso Joint Venture Property Address: 7201 Yorktown Boulevard CAPTION: Case No. 0214-03 Yorktown Oso Joint Venture: A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as being a 22.87 -acre tract of land, more or less, out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located at the ends of Fort Griffen Drive and Prax Morgan Place and south of Laurelas and Idle Hour Drives. PURPOSE: The purpose of this item is to rezone the property to allow a single-family residential subdivision. RECOMMENDATION: Planning Commission and Staff Recommendation (February 12, 2014): Approval of rezoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District to allow single- family lots with a minimum of 4,500 square feet in lot area, 45 -foot lot widths, and 20 - foot front yards. The applicant is proposing to construct three additional phases of the Rancho Vista Subdivision. Rancho Vista Subdivision Unit 10 will consist of 41 lots and Unit 11 will consist of 39 lots. A unit number has not been determined for the last phase, but will consist of 31 lots. The developer has plans to expand Rancho Vista ultimately to the Oso Creek. The "RS -4.5" Single -Family 4.5 District is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. This rezoning does not have a negative impact upon the surrounding neighborhood. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "RS -4.5" Single -Family 4.5 District is consistent with the Comprehensive Plan and the adopted Future Land Use Plan, which slates the property for a low-density residential use. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 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 LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Report with Attachments Aerial Map Ordinance amending the Unified Development Code ("UDC") upon application by Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 22.87 -acre tract of land, more or less, out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application by Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ("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, February 12, 2014, during a meeting of the Planning Commission, and on Tuesday, March 18, 2014, 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 Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 22.87 -acre tract of land, more or less, out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), located at the ends of Fort Griffen Drive and Prax Morgan Place and south of Laurelas and Idle Hour Drives, from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District (Zoning Map No. 042029), 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 and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 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 day of , 20 ATTEST: Rebecca Huerta City Secretary 0214-03 Ordinance,Yorktown Oso Joint Venture Nelda Martinez Mayor Page 2 of 3 STATE OF TEXAS COUNTY OF NUECES URBAN ENGINEERING Exhibit A Job No. 39319.B3.13 December 16, 2013 Fieldnotes for a 22.87 acre tract of land, more or less, of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, of the Map Records of Nueces County, Texas; said 22.87 acre tract being more fully described as follows: Beginning at a 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx" found on the west boundary of Lot 28, said Section 25, same being on the east boundary of said Lot 29, Section 25, for the south corner of Lot 20, Block 14, Rancho Vista Subdivision Unit 6, a map of which is recorded in Volume 67, Pages 726-727, Map Records of Nueces County, Texas, and for the east corner of this tract; Thence, South 28°42'09" West, along the common boundary of said Lots 28 and 29, said Section 25, 273.15 feet for a corner of this tract; Thence, North 61°17'51" West, 579.24 feet for a corner of this tract; Thence, South 28°42'09" West, 170.73 feet for a corner of this tract; Thence, South 82°01'10" West, 526.81 feet for a comer of this tract, for the beginning of a circular curve to the right whose radius point bears South 89°44'54" East, 565.38 feet and which has a delta angle of 15°52'30", a radius of 565.38 feet, a tangent length of 78.83 feet and an arc length of 156.65 feet; Thence, with said circular curve to the right, an arc length of 156.65 feet for the end of this circular curve and for a corner of this tract; Thence, North 22°36'32" East, 127.78 feet for a corner of this tract; Thence, North 28°42'09" East, 216.96 feet for a corner of this tract; Thence, North 61°1728" West, 338.30 feet for a corner of this tract; Thence, South 28°42'32" West, 150.00 feet for a comer of this tract; Thence, North 61°17'28" West, 270.00 feet for the West corner of this tract; Thence, North 28°42'32" East, 784.44 feet to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx" found for a corner of this tract, for the beginning of a tangent circular curve to the left and which has a delta angle of 23°50'52", a radius of 360.00 feet, a tangent length of 76.02 feet and an arc length of 149.84 feet; Thence, with said tangent circular curve to the left, an arc length of 149.84 feet to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx" found for the end of this circular curve and for a corner of this tract; Thence, North 04°51'41" East, 35.18 feet to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx" found for the North corner of this tract; Thence, North 89°42'10" East, 107.28 feet for a corner of this tract; Thence, South 00°17'50" East, 15.14 feet for a corner of this tract; Thence, North 89'42'10" East, 300.41 feet for a corner of this tract, for the beginning of a tangent circular curve to the right and which has a delta angle of 89°39'54", a radius of 10.00 feet, a tangent length of 9.94 feet and an arc length of 15.65 feet; Thence, with said tangent circular curve to the right, an arc length of 15.65 feet for the end of this circular curve and for a corner of this tract; (361)854-3101 2725 SWANTNER DR, • CORPUS CHRISP, TEXAS 78404 462Tril2 53: Surveying1393191B3131OFFICE1METES AND BOUNDsvqiebitpneng.com TBPE Firm #145 FAX (361)854-6001 Page 1 of 2 Thence, South 00°37'56" East, 35.15 feet for a corner of this tract, for the beginning of a tangent circular curve to the right and which has a delta angle of 29°2005", a radius of 300.00 feet, a tangent length of 78.52 feet and an arc length of 153.60 feet; Thence, with said tangent circular curve to the right, an arc length of 153.60 feet for the end of this circular curve and for a corner of this tract; Thence, South 28°42'09" West, 17.64 feet for a corner of this tract; Thence, South 61°17'51" East, 140.00 feet to a point on the Northwest boundary of Lot 23, Block 15, Rancho Vista Subdivision Unit 7, a map of which is recorded in Volume 68, Pages 83-84, Map Records of Nueces County, Texas and for a corner of this tract; Thence, South 28°42'09" West, along the Northwest boundary of said Lot 23, Block 15, 77.38 feet to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx" found for a corner of this tract; Thence, South 61°17'51" East, along the Southwest boundary of said Lot 23, Block 15, 60.00 feet to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx" found on the Northwest boundary of Elizondo Drive, a public roadway, for a corner of this tract; Thence, South 28°42'09" West, along the Northwest boundary of said Elizondo Drive, 85.00 feet for a corner of this tract; Thence, South 61°17'51" East, along the Southwest boundary of said Elizondo Drive, 20.00 feet to a point on the Northwest boundary of Lot 6, Block 17, said Rancho Vista Subdivision Unit 7, for a corner of this tract; Thence, South 28°42'09" West, along the Northwest boundary of Lots 6 and 7, said Block 17, 190.00 feet to a point on the Northwest boundary of said Lot 7 and for a corner of Idle 1 -lour Drive, a public roadway, for a corner of this tract; Thence, North 61°17'51" West, along the Northeast boundary of said Idle Hour Drive, 20.00 feet for a corner of this tract; Thence, South 28°42'09" West, along the Northwest boundary of said Idle Hour Drive, 120.00 feet for a corner of this tract; Thence, South 61°17'51" East, along the Southwest boundary of said Idle Hour Drive, 20.00 feet to a point on the Northwest boundary of Lot 26, Block 20, said Rancho Vista Subdivision Unit 7, for a corner of this tract; Thence, South 28°42'09" West, along the Northwest boundary of said Lot 26, Block 20, 85.00 feet to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx" found for a corner of this tract; Thence, South 61°17'51" East, along the Southwest boundary of Lots 1-5, 26-28, said Block 20, Lots 6-11, Block 20, said Rancho Vista Subdivision Unit 6, Prax Morgan Place, a public roadway, 950.00 feet to a point on the South corner of said Prax Morgan Place, for a corner of this tract; Thence, North 28°42'09" East, along the Southeast boundary of said Prax Morgan Place, 28.15 feet to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx" found on the West corner of said Lot 20, Block 14, for a corner of this tract; Thence, South 61°17'51" East, along the Southwest boundary of said Lot 20, Block 14, 120.00 feet to the Point of Beginning and containing 22.87 acres (996,050 square feet) of land. Bearings based on the recorded plat of Rancho Vista Subdivision Unit 7, a map of which is recorded in Volume 68, Pages 83-84, Map Records of Nueces County, Texas. No monumentation found or set unless otherwise noted. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. URBAN ENC NEE.R.ING KEITH W. WOOLEY 64 OOOOO • O OOOOOOO 00.00•06016000006 _%%•.9 5463 11c4- 7 op o‘V /1" • • .6. ?. • • SUR SASurveying13931911331310FTICEMETES AND BOUNDSTN22.87Acres Keith W. Wooley, R .L.S. No. 5463 Page 2 of 2 EXHIBIT A C3 "z3T; 6p�1$0o '11‘ <o � 0, 826 N• CL• _2, U p O 28V1• 'Y W O tI •> -1 0 29 30 1 z, I 32A 33'0 n M N 1� 1 / "-20'Y.R. 1 10 IiL,..---7.5.U.E_ - L10 7.s - 231 24 L12 20' 300 Lot 311, Section 25 e" Lot o a� Tine `o 200 J.E. 25 15 R 26 27 28 Elizondo Drive L14 106 J 7 7 20'Y.R.� 4 3 2 100 0 GRAPHIC SCALE 1 "=200' CC 1 0 s Rancho V sta Subdivision Unit 7 -Vol. 68, Pgs. 83-84, Mop Records of Nueces County, Te 7 8 9 10 11 12 20'Y.R 16 n is '5) ) 6 200 7 8 9 400 10.6 5 Rancho Vista Subdivision 7.5'0.0 Unit 6 Vo. 67, Pgs. 726-727, Map, Records o: Nueces County Texas 7 116 15 14 _13 12 1 20'Y.R t18 Idle Hour Drive 0)26 J 27 i 28 3 §61' 207.6 4 5 6 7 8 9 10 7'51"E 950.00_„-75 t,.F. 0 Yorktown Boulevard 1 C Be�mr St De,;, Grenoble Corpus Christi, Texas Dun P otiro B T J o v'H h Skil-apes-le Dr LOCATION MAP N.T.S. c 0 0) 0 X 0 0 18 Lot 30, Section 25 N61' 17'28"W 270.00' Lot 2, Section 24 N61' 17'28 W 338.30' Lot CURVE DELTA ANGLE RADIUS TANGENT ARC LENGTH 01 15'52'30" 565.38' 78.83' 156.65' C2 23°50'51" 360.00' 76.02 1149.84' 03 C4 89°39'54" 29'20'05" 10.00 9.94' 115.65' 300.00' 78.52' 1153.60' ae �Q-boy 22.87 Acres o6 � ,6Th '7' ' 3, Section 24 \ GS` 0?'�G� </C CEJ QY 5 Ne,, o 0 c‘ o e 0 J t e F3° 1r 1O Radius Point Bears 589'44'54"F 565.38' hry6 o „ G 3v Lot 29, Section 75 19 14 7.5'0. E. 201 'Point of Beginning' to 01 0 03 0 010 o `1) O I U o_ v1 0 (1,1 SSA o 0 010, 8 t 5) 0 N N61'17'51"W 579.24' Lot 4, Section 24 Legend: O Fd. 5/8" iron rod with red plastic cap stamped "Urban Engr C.C. Tx" a) 0 I INC BEARING DISTANCE L1 528'42'09"W 170.73' L2 N22°36 32"F 127.78' L3 N28°42'09"E 216 96' L4 628'42'32"W 150.00' [5 N04'51'41"E 35.18' L6 N89'42'10"E 107 28' L7 800'17'50"E 15.14' L8 500'37 56"E 35 15' L9 628'42'09"W 17.64' L10 561'17'51"E 140.00' L11 528'42'09"W 77.38' L12 561'17'51"E 60.00' L13 528'42'09"W 85.00' L14 561'17'51"E 20.00' 115 528'42'09"W 190.00' L16 N61'17'51"W 20.00' L17 S28'42'09"W 120.00' L18 561'1/51"E 20.00' L19 528'42'09"W 85.00' L20 N28°42'09E 28.15' L21 561'17'51"E 120.00' Exhibit B Sketch to Accompany Fieldnotes for 22.87 acre tract of land, more or less, of Lots 2, 3 and 4, Section 24 and Lots 29, 30 and 31, Section 24 flour Bluff and Encino/ Farm and Garden Tract; a map of which is recorded /n Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas. URBAN DATE: Dec. 20, 2013 SCALE: 1"=200' ENGINEERING I JOB NO.: 39319.B3.13 SHEET: 1 of 1 DRAWN BY: XG S:\surveying\39319\11313\L3931 11313.dwg, 12/19/2013 3:30:11 PM, rig, 2725Spontr,r 5<, Caws ow*: IX 78404 /8°C Tim Na 145 I9ti5 rd n No. =woo /54254 (361) 854-3101 F420 (36/) 854-8001 PLANNING COMMISSION FINAL REPORT Case No. 0214-03 HTE No. 14-10000005 Planning Commission Hearing Date: February 12, 2014 Applicant & Legal Description Applicant/Representative: Yorktown Oso Joint Venture Owner: Related Investors, Ltd. Legal Description/Location: Being a 22.87 -acre tract of land, more or less, out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located at the ends of Fort Griffen Drive and Prax Morgan Place and south of Laurelas and Idle Hour Drives. Zoning Request From: "FR" Farm Rural District To: "RS -4.5" Single -Family 4.5 District Area: 22.87 acres Purpose of Request: To allow construction of a single-family residential subdivision. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "FR" Farm Rural Vacant Low Density Residential North "RS -4.5" Single -Family 4.5 Vacant & Low Density Residential Low Density Residential South "FR" Farm Rural Vacant Low Density Residential East "RS -4.5" Single -Family 4.5 Vacant & Low Density Residential Low Density Residential West "RS -4.5" Single -Family 4.5 Vacant & Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for a low density residential use. The proposed change of zoning to the "RS -4.5" Single -Family 4.5 District is consistent with the adopted Future Land Use Plan. Map No.: 042029 Zoning Violations: None Trans- portation Transportation and Circulation: The subject property will be platted and local residential streets will be constructed as part of the Rancho Vista Subdivision. This phase of the Rancho Vista Subdivision will have indirect access to Yorktown Boulevard, which is an "A3" Primary -Arterial Divided street. Planning Commission Final Report Case # 0214-03 Yorktown Oso Joint Venture Page 2 • a� § ; 0 u) d Street Urban Transportation Type Proposed Section Existing Section Traffic Volume (2011) Yorktown Blvd. "A3" Primary - Arterial DividedN/A Street 130' ROW, 79' paved 140' ROW 24' paved Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District to allow single-family lots with a minimum of 4,500 square feet in lot area, 45 -foot lot widths, and 20 -foot front yards. Applicant's Development Plan: The applicant is proposing to construct three phases of the Rancho Vista Subdivision. Rancho Vista Subdivision Unit 10 will consist of 41 lots and Unit 11 will consist of 39 lots. A unit number has not been determined for the last phase, but will consist of 31 lots. Existing Land Uses & Zoning: South of the subject property is vacant land that is zoned "FR" Farm Rural District. An expansion of the Rancho Vista Subdivision is being constructed west and east of the property and is zoned "RS -4.5" Single -Family 4.5 District. North of the subject property is a section of Rancho Vista that is currently occupied by single-family dwellings and zoned "RS -4.5" Single -Family 4.5 District. The developer has plans to expand Rancho Vista ultimately to the Oso Creek. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The proposed change of zoning is consistent with the Comprehensive Plan and the adopted Future Land Use Plan, which slates the property for a low-density residential use. Plat Status: The subject property is currently in the process of being platted for a single-family subdivision. Department Comments: • Extension of the Rancho Vista Subdivision is consistent with the adopted Future Land Use Plan and is an appropriate use for this land. • The Zoning Map amendments are consistent with the Comprehensive Plan. • The "RS -4.5" Single -Family 4.5 District is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • The Zoning Map amendment does not have a negative impact upon the surrounding neighborhood. Planning Commission Final Report Case # 0214-03 Yorktown Oso Joint Venture Page 3 Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. Public Notification Number of Notices Mailed — 79 within 200 -foot notification area 1 outside notification area As of February 13, 2014: In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Site Plans K:\DevelopmentSvcs\SHARED\ZONING CASES \2014\0214-03 Yorktown Oso Joint Venture (aka Rancho Vista)\Council Documents\0214-03 Zoning Report for CC, Yorktown Oso Joint Venture.docx q41714Tdr:WIg*It":601*2?)/S. f. 637,45 <:w.v,,,?,,"WQ®� 0 ro a 33U"R`�S-4.5 O Z54 �'� 47 — ^2C o—s2N"p �7s� �®\3�40* 5 N325 �©©N 41 1sU612 1" M 0 30 '" 19 18„ M m17 SUBJECT PROPERTY 800 Feet CASE: 0214-03 ZONING & NOTICE AREA Date Created: 1/27/2014 Prepared By: LARRYF Department of Development Services RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition Cayo Del Oso mmmmmmmmmuo LOCATION MAP N. oat yoo,"? ryr NW) Nlp— Ce 11 o ,, 3,93,LL.L9S F, en au,so3 au,so0 S -o ,00011 3„33.L 1.19S 3.9Z,LL.L9S ,00'011 3,93,LL.19S '3'n,sl (fol al9°PI!N9-00N) 9Z 101 ,00'011 3.133.L1.19S Oo 1 00'011 ` 3,9Z,LL.LIS 01 a190P1!n9-1,0N)I 01(101 a190P1!n9-00N VZf .00'011 9.9Z,LL.1 S Zo 0011 1°l W M 00 N N�oN 1 .00'011 h 9Z,LL.L9S no ,00'011 3.93.LL.L9S .00'01 1 .00'011 3,9Z,L1.19S d0'OL l + 3,9Z,LL.19S 1 1x0861. •� MI_ , 0'0LL } 3,9Z,LL.L9S i mno .00'01 l I 3.90.L 1.19S4../ .00'011 L 3.133.L1.19S .00'011 1 3.00.L1.19S .00'011 ` 3,90.LL.IS s0961 0] o %(lol a190P1109-uoN)a I .00'011' 9.9Z,LL.14S d myGo 1 .00'011 3..330.L1.190 ao .00'011 L0 3.00.LL.L9S I0 1 00'011 0 ea, 3,93,LL.19S 1 .00'011 3,9Z,L L.1 .00'011 3,20.LL.19S .00'011 3..03 LI LOS o No 'V .00'01 1 3,93,LL.19S No ,00'01 g 3,130.LL.19S N� p .00'011 111 3,20.LL.19S N8 P .00'011 I 1r_ •ui1 3,93,LL.L9S 1 101 N" g , 0'011 4 3,9Z,LL.L9S 1 11 N (101 a190P160961n9-00N)N .40'011 3,9Z,LL.19S I gNFA 0 .00'011 3,90.91.19S co 00'011 1 3,90.LL.L9S 1 g 1 •J .00 ,9Z .00'011 r d z ,DO'O4zi M,9 41.19N `(t3N00 --r `�-` '°N °°0) 3'f1.5 L —J• ry £W F o 12. LL; LL; 0. Rancho Vista Subdivision A =15.52'30"/ R=565.38' T=78.83' L=156.65' I Radius Pont Bears 089'44'54TE 565.38' - -zp1'1O"W 526.81' l7 5'U.E. (Doc. No. 7" / / CURVE DELTA ANGLE RADIUS TANGENT ARC LENGTH C1 90'00'00- 10.00' 10.00' 15.71' C2 90'00'00" 15.00' 15.00' 23.56' C3 30'35'22' 275.00' 75.20' 146.82' C4 30'35'22" 300.00' 82.04' 160.17' C5 30'35'22" 325.00' 88.88' 173.51' C6 53'19'01' 125.00' 62.75' 116.32' C7 53'19'01" 100.00' 50.20' 93.06' C8 53'19'01' 75.00' 37.65' 69.79' / / / / / or LINE BEARING DISTANCE L1 S61'17'51"E 60.00' L2 N61'17'51"W 48.38' L3 671'09'25"E 21.94' L4 S71'09'25"E 16.84' L5 N81'40'05"E 45.91' L6 N55'52'43"E 36.69' L7 655'52'43-W 36.69' L8 581'40'05"N 45.91' L9 N71'09'25"8 38.78' L1D N61'17'51"W 32.16' L11 N61'1751'1N 29.26' L12 N22'36'32"E 22.00' L13 N67'23'28"W 24.00' L14 56723'28"E 24.00' L15 N22'36'32"E 22.00' L16 56723'28"E 39.00' L17 N61'17'51'1/1/ 46.97' ott <o 90 60 30 0 6D 120 Graphic Scale Plat of Rancho Vista Subdivision Unit 11 9.89 acres of land out of Lots 3 and 4, Section 24 and Lots 29 and 30, Section 25, Flour Bluff and Enclnol Farm and Carden Tract% o moo of which is recorded in Vol. A, Pgs. 41-43, Alga Records of Nueces County, Texas. URBAN' DATE: Dec. 20, 2013 ENGINEERING SCALE: 1"=60' CORPUS CHRISTI, TEXAS JOB NO.: 39319.83.14 SHEET: 2 of 2 4.,511r9 s.. »� °moBO DRAWN BY: XG :. z AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: February 25, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Closing a portion of a 10 -foot wide utility easement out of Block 903, Fitchue Place Addition CAPTION: Ordinance abandoning and vacating a portion of a 10 -foot wide utility easement out of Block 903, Fitchue Place Addition and requiring the owner, CC Tower Center, LTD., to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for the future development of the subject property. BACKGROUND AND FINDINGS: CC Tower Center, LTD. (Owner) is requesting the abandonment and vacation of a 2,751 -square foot portion of a 10 -foot wide utility easement out of Block 903, Fitchue Place Addition, located west of South Alameda Street and south of McKenzie Street. The abandonment and vacation of the utility easement is being requested by the Owner to allow for the future development of the subject property. There are existing public and franchised utilities within the utility easement that will need to be relocated at owner's expense. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49-12, because Owner will be replatting said property and upon replatting will be dedicating utility easements of equal or greater value to off -set the proposed abandonment and vacation of the easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owners' ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. The City Gas Department has an existing 2 - inch gas line within the utility easement that will need to be relocated at owner's expense. AT&T, AEP, and Grande have no objections to the easement closure, but will seek reimbursement if adjustments to their facilities become necessary. None of the other City departments or franchised utility companies had any facilities within said utility easement, or objections to the proposed easement closure. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x 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: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. All the existing public and franchised utilities located within the portion of utility easement to be abandoned and vacated, must be relocated at owner's expense. c. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. d. Prior to the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. e. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a portion of a 10 -foot wide utility easement out of Block 903, Fitchue Place Addition and requiring the owner, CC Tower Center, LTD., to comply with the specified conditions. WHEREAS, CC Tower Center, LTD. ("Owner") has requested the abandonment and vacation of a portion of a 10 -foot wide utility easement out of Block 903, Fitchue Place Addition; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, March 18, 2014 during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 2,751 -square foot portion of a 10 -foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of CC Tower Center, LTD., ("Owner"), a 2,751 - square foot portion of a 10 -foot wide utility easement out of Block 903, Fitchue Place Addition, located west of South Alameda Street and south of McKenzie Street, as recorded in Volume 2, Page 14, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. All the existing public and franchised utilities located within the portion of utility easement to be abandoned and vacated, must be relocated at owner's expense. c. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. d. Prior to the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. e. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. 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: Rebecca Huerta City Secretary day of , 20 Nelda Martinez Mayor Utility Easement Closure State of Texas EXHIBIT A County of Nueces Job No. 42868.B4.00 January 9, 2014 FIELDNOTES for a 0.063 Acre, 10 foot wide, utility easement closure, over and across, a portion of a 10' Alley, of Block 903 of Fitchue Place Addition, as recorded in Volume 2, Page 14, of the Map Records of Nueces County, Texas, being adjacent to Lots 7-18 and Lots 49-58 of the said Block 903, said Alley, closed by City of Corpus Christi, City Ordinance #9190 and City Ordinance #020704; said 0.063 Acres, being more fully described by metes and bounds as follows: Commencing, at a 5/8 inch iron rod found, on the Northeast line of 10th Street, a public roadway, the South comer of Lot 48, of the said Block 903, the West comer of Lot 49, of the said Block 903. Thence, North 58°39'14" East, with the common line of the said lots 48 and 49, 125.00 feet, to the Southwest line of the said 10 foot Alley, for the Point of Beginning and outer ell comer of this tract; Thence, North 58°39'14" East, 5.00 feet, for an inner ell comer of this tract; Thence, North 31°22'44" West, 50.08 feet, for the West corner of this tract; Thence, North 58°39'14" East, 5.00 feet, to the Northeast line of the said Alley, for the North corner of this tract, from whence, a 5/8 inch iron rod found, on the South East line of South Alameda Street, the East corner of Lot 19, of the said Block 903, the North corner of the said Lot 18 bears, North 58°39'14" East, 125.22 feet; Thence, South 31°22'44" East, with the Northeast line of said Alley, 300.17 feet, to the Northwest line of a Lot 1A, Block 903, Fitchue Place Addition, as recorded in Volume 55, Page 156 of the said Map records, for the East comer of this tract; Thence, South 58°39'14" West, with the Northwest line of the said Lot 1A, 10.00 feet, for the South corner of this tract, from whence, a 5/8 inch iron rod found, on the said Northeast line of 10th Street, the West corner of the said Lot 1A, bears, South 58°39'14" West, 125.00 feet; Thence, North 31°22'44" West, with the Southwest line of the said Alley, 250.09 feet, to the Point of Beginning, containing 0.063 acres (2,751 Square Feet) of land, more or less; Bearings based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described her LTRB ENGINEERING Keith W. Wooley, R.P. License No. 5463 \\Urbanfs02\Data\Surveying\42868\B400\OFFICE\METES AND BOUNDS (361)854-3101 Iosure.docx e 1 of 2 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 • South Alameda Street Lot 20 Lot 19 N5 5399 14"E --i Fd 5/8" I Lot 18 Lot 17 10' Wide Alley (Closed by -Ordnance No. 020704) I of 45 Lot 46 • T 5008' N58' 9'14'E 5,e Lot 47 Lot 16 Lot 15 Lot 13 Lot 14 Lot 12 Block 903 Fitctue Place Ad ition Vol 2, Pg. 14, ap Record a Nueces Cou ty, Texos (Owner: CC TOWER CE TER LTD) S31'22'44"E 10' Utility Eosement Closure 300.17' 0.063 Acres 2.751 Sq. Ft. Lot 11 Lot 10 Lot 9 10' Wide Alley (Closed by Ordinance No. 9190) Lot 8 Lot 7 —S58'39'"W 10.00' Lot 48 oint of Beginning Lot 49 /Point Ed 5/816 Lot 50 Common N Lot 51 Lot 52 1.22'44 250.09' Lot 53 Block 903 Fitchue Ploce Addition Vol. 2, Pg. 14, Mop Record of Nuece County, Texas t (Ow er: CC TOWS CENTER LTD) 10th Street EXHIBIT B Lot 54 Lot 55 Lot 56 Lot 57 O 0 Lot 58 Fd. 5/8" IR. Sketch to Accompany FIELONi1ES for o 10 foot r Yy ut easement closure OW and arida o Closed May, City 9117 and fy Orlin e /91fRc/xa Place Addition, o map of is recorded in Volume 2, Page /4, lap Records of Nueces Count, Texas" 11 URBAN ENGINEERING SU a AIMxr 9r R llII �rrrrw OMINC•ON) OWN/ lAr (7400-60/ DATE: JAN. 9, 2014 SCALE: 1...30' JOB NO.: 42868.84.00 SHEET: 1 OF 1 DRAWN BY: RLG SASurverng\42868\8400\Exhibit 42868B30294t,,243/ ebtelOeigOidptglg AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 18, 2014 Second Reading Ordinance for the City Council Meeting of March 25, 2014 DATE: TO: February 18, 2014 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(a�cctexas. com 886-2604 Accepting and appropriating the FY 2014 Local Border Security Program (LBSP) Grant CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $45,000 from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency for funding eligible under the FY2014 Local Border Security Program (LBSP) grant to reimburse overtime and fringe benefits; and appropriating the $45,000 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Police Department will assist the Texas Department of Public Safety on an overtime basis with operations for border security. This grant award is for the time period February 12, 2014 — August 31, 2014. There are no matching funds required. 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: ❑ Operating X Revenue ❑ Capital ❑ 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 $45,000 $45,000 BALANCE $45,000 $45,000 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document TEXAS DEPARTMENT OF PUBLIC SAFETY STEVEN C McCRAW DIRECTOR DAVID G. BAKER CHERYL MacBR DE DEPUTY DIRECTORS Dear Authorized Official, 5805 N LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773-0001 512/424-2000 www.dps.texas.gov February 12, 2014 COMM SSION A. CYNTHIA LEON, CHA R CARIN MARCY BARTH MANNY FLORES STEVEN P MACH RANDY WATSON Attached are FY2014 Local Border Security Program (LBSP) grant award documents for your jurisdiction/agency. This letter, and the attached documents, contain important information about the grant and provide instructions requiring your immediate action for grant acceptance. Please follow the instructions at the top of the first page of the Terms and Conditions, and return all documents as instructed below to the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency (THSSAA) no later than March 31, 2014. The Grant Recipient Agreement (GRA) which includes the Grant Award, the Terms and Conditions, and attached Exhibits must be filled out, and signed by the person identified (Authorized Official) on the grant award. Signature by anyone else will only be accepted if a letter of designation from the governing body is attached that authorizes the person to sign for the Grantee. Letters of signature designation will be deemed as authorization for that person to sign any future documents related to the grant award unless the letter indicates otherwise. Return GRA via E-mail The FY2014 GRA documents should be returned via email to 4 4 ; by the date indicated above. Please title the subject line of your email "LBSP" and name of jurisdiction (i.e. LBSP El Paso, City of). Submit the executed (signed) GRA (including a signed Award and the signed Terms and Conditions) as an attachment to the email using the same naming convention (Le. LBSP Hidalgo County.pdf). Please retain the original copy of each document submitted to the THSSAA for your records. The grant awards may be withdrawn if all required documents are not completed and submitted to the THSSAA within the deadline established above. FY2014 LBS13 Key Dates February 12, 2014 March 31, 2014 August 31, 2014 October 15, 2014 1?)aeatedaliwnearfodrIsssiguneeddtoGraGrantnRt;e; ipient AgreementLGRAlto be returned to the SAA End of Grantee's performance period Liquidation Date [Final invoices/reimbursement requests are due to the THSSAA) If you have any questions regarding the LBSP grant, please contact Sherry Saba at 512-377-0024. Sincerely, el. Mache le Pharr Deputy Assistant Director Texas Homeland Security State Administrative Agency EQUAL OPP0RTUM7Y EMPLOYER COURTESY • SERVICE • PROTECTION Texas Department of Public Safety Texas Homeland Security State Administrative Agency 2014 Recipient Grant Award Sub -Recipient Name: Sub -Recipient Authorized Official and Address: SAA Award Number: Amount of Grant: Amount of Match: Grant Period: Date of Grant Award Program Title: Corpus Christi, City of PD Mr. Ron Olson 1201 Leopard Street Corpus Christi, Texas 78401 LBSP-14-0009 $ 45,000.00 No Matching Funds Required Authority/Funding Instrument: CFDA: Method of Payment: Administered by: From: February 12, 2014 To: August 31, 2014 February 12, 2014 Local Border Security Program FY 2014 (LBSP-14) Senate Bill 1, Article V, Rider 35 of the Texas General Appropriations Act (83`d Legislature) NA — These are State Appropriated Funds Primary method is reimbursement Texas Department of Public Safety Texas Homeland Security State Administrative Agency 1033 La Posada, Suite 160 Austin, Texas 78752 Sub -Recipient Acceptance: i have read, understood and agree to this Grant Recipient Agreement consisting of this Award and the attached Terms & Conditions. AWARDING AGENCY APPROVAL Machelle Pharr Deputy Assistant Director Texas Homeland Security State Administrative Agency Texas Department of Public Safety Date: February 12, 2014 RECIPIENT GRANT ACCEPTANCE Printed Name: Title: Date: The signed Award with Terms and Conditions must be returned to SAA-LBSP(dps.texas.gov on or before this Grant Acceptance Due Date: March 31, 2014 2014 TERMS AND CONDITIONS Instructions: The Recipient shah 1. Fill in the information and sign the Grant Recipient Award,; 2. Certify they have read and understand these Terms and Conditions,; 3. Certify to the statements provided in Exhibits A and B located et the back of this document by filling in contact information and signing al! exhibits, and 4. Retum al! documents via email to SAA-LBSPOidos.texas.cov on or before the date provided in the transmittal letter andior in this Grant. 1. Grant Recipient Agreement This Grant Recipient Agreement (consisting of this 2014 Grant Recipient Award and these Terms and Conditions) is made and entered into by and between the Department of Public Safety / Texas Homeland Security State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "DPS/THSSAA," and the funds recipient„ hereinafter referred to as the "Recipient' or "Grantee," Furthermore, DPS/THSSAA and the Recipient are collectively hereinafter referred to as the "Parties." This Grant Recipient Agreement, or otherwise referred to herein as "this Grant" or "this Agreement", is only an offer until Recipient retums the signed copy of this Grant on or before the date provided in the transmittal Fetter and/or in this Grant Recipient Award.. The FY 2014 Local Border Security Program, hereinafter referred to as "LBSP-14„” is funded by the Eighty-third Texas Legislature„ Regular Session 2013,, Senate Bill 1, Article V, Rider 35 of the Texas General Appropriations Act. The Texas Legislature has appropriated funds for. a. Overtime and operational costs for increased patrol( and investigative capacity for certified peace officers along with other law enforcement support personnel( (i.e,., Communications Officers/Dispatchers, Jailers); and b. Certain operational costs incurred as part of these overtime patrols and investigations, such as fuel/mileage and additional costs for minor emergency repairs, such as tire repair, fan belt replacement for vehicles or equipment being used in the program operations (limited to a maximum of $150.00 per incident). Recipient shall not assign or transfer any interest in this Grant without the express, prior written consent of DPS/THSSAA. If Recipient issues subawards as part of this Grant project, Recipient shall include and require its subawardees to comply with the terms and conditions of this Grant. 2. Overview and Performance Standards tt allocations and use of funs under this Grant must be in accordance with and shall comply with alt 'provisions of the "I...ocat Bor� er Ste:curity grogram Guts e, FY 2014 (LIEtSP•-14)" dated November , 2013, which is incorporated by reference herein. Recipient shall read, understand and by signature accept all terms of the Program Guide and these Terms and Conditions as binding. Standard of Performance, Recipient shall perform all activities and projects which were approved by DPS/THSSAA. Any change to a project shall receive prior written approval by DPS/THSSAA. Recipient shall perform all activities in accordance with all terns and conditions" provisions and requirements set forth in this Grant, including but not limited to the following Exhibits; 1, Certifications, hereinafter referred to as "Exhibit A" 2. Assurances, hereinafter referred to as "Exhibit B' Page 1 of 12 3. Failure to Perform In the event Recipient fails to comply with any and all required conference calls, meetings, financial reporting requirements, or any requirement of this Grant, in addition to the remedies specified in this Grant, Recipient is liable to DPSITHSSAA for the amount not to exceed the award amount of this Grant and may be barred from applying and receiving additional DPS/THSSAA grant program funds or any other program funds administered by DPSITHSSAA until repayment is made and any other compliance or audit finding is satisfactorily resolved. Failure to timely implement projects may reduce future funding in additional grant programs administered by DPS/THSSAA. 4. Funding Obligations A. DPSITHSSAA will not be liable to Recipient for any costs incurred by Recipient that are not allowable costs. B. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by DPSITHSSAA under this Grant shall not exceed the Total Award Amount listed on the Grant Recipient Award. C. DPS/THSSAA will not be liable to Recipient for any cost incurred prior to execution of this Grant D. Recipient shall refund to DPSITHSSAA any sum of these Grant funds that has been determined by DPS/THSSAA to be an overpayment to Recipient or that DPSITHSSAA determines has not been spent by Recipient in accordance with this Grant. No refund payment(s) shall be made from local, state or federal grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Recipient shall make such refund to DPSITHSSAA within thirty (30) calendar days after DPS/THSSAA requests such refund. E. Notwithstanding any other provisions, DPSITHSSAA's obligations under this Grant are contingent upon the receipt of adequate funds to meet DPSITHSSAA's liabilities hereunder, except as required by LBSP-14. DPSITHSSAA will not be liable to Recipient for costs which exceed the amount specified in this Grant. 5. Performance Period The performance period for this Grant is listed on the Grant Recipient Award. All goods and services shall be received within the performance period AND all reimbursement requests shall be submitted to DPS/THSSAA within the performance period. Recipient shall have expended all Grant funds and submitted reimbursement requests and any invoices to DPSITHSSAA by the end of the performance period. DPS/THSSAA wiFI not be obligated to reimburse expenses incurred or submitted after the performance period, 6. Uniform Administrative Requirements, Cost Principals and Audit Requirements Except as specifically modified by law or this Grant, Recipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DPSITHSSAA program legislation, DPSITHSSAA program guidelines, and the terms and conditions of this Grant. A non-exclusive list is provided below A. Administrative Requirements 1. State of Texas Uniform Grant Management Standards as developed under the authority of Chapter 783, Texas Government Code 2. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (the A-102 Common Rule) 8. Cost Principles 1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2. OMB CircularA-133, Audits of State, Local Govemments and Non -Profits Page 2 of 12 C. Audit Requirements OMB CircularA-133, Audits of States, Local Governments and Non -Profit Organizations D. Grant Guidance The "Local Border Security Program Guide FY 2014 (LBSP-14)," available at httpa/www.txdos.state.tx.us/director staff/saa12014LBSPGrantInfo.htm 7. State Requirements for Grants Recipient shall comply with all federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Govemment Code, Chapter 783, Uniform Grant and Contract Management,, State Administrative Agency Information Bulletins, available at httpa/www.txdps.state.ix.us/director stafflsaafinformation bulletins.htm, Texas Uniform Grants Management Standards (UGMS) at aovemor.state.tx.us/files!state-grants/?UGMS062004.doc and the State Administrative Agency Sub -recipient Manual, available at http:llwww,txdosystate,tx.usldirector staff/saaldocumentslsubrecipientManual.pdf. Recipient shall;, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to compty with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant, and the approved application, Recipient shall comply with the State of Texas, General Appropriations Act, Art. IX, Part 4, as follows: 1. Grant funds may not be expended for a grant to a taw enforcement agency regulated by Texas Occupations Code. Chapter 1701, unless the law enforcement agency requesting the grant is in compliance with all rules developed by the Commission on Law Enforcement Officer Standards and Education or the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. 2. Grant funds may not be granted to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. 3. Grant funds may not be expended to a unit of local government unless the following limitations and reporting requirements are satisfied: a. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; b. Texas Government Code Sections 556.004, 556.005, and 556.006, including not using any money or vehicle to support the candidacy of any person for office; not influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose; and not using grant funds to influence the passage or defeat of Legislation including not assisting with the funding of a lobbyist, or using grant funds to pay dues to an organization with a registered lobbyist; c. Texas Government Code Sections 2113.012 and 2113.101 including not using grant funds to compensate any employee who uses alcoholic beverages on active duty plus Recipient may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d, Texas General Appropriations Act, Art. IX, Section 6.13 requiring Recipients to make every effort to attain key performance target Levels associated with this grant award, including performance milestones, milestone time frames„ and related performance reporting requirements; and e. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Govemment Code §2102.0091, including grant funds may only be expended if Recipient timely completes and files its reports. 8. Restrictions and General Conditions A. Use of Funds. DPS/THSSAA grant funds may only used for the purposes set forth in this Grant, and shall be consistent with the authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, State funds may not be used to sue the State of Texas or any other government entity. B. Lobbying Prohibited. No funds shall be expended by Recipient to pay any person to influence. or attempt to influence an officer or employee of any agency, a Member of State Legislature, an officer or employee of the State Legislature, or an employee of a Member of the State Legislature in connection with any State action concerning the award or renewal of any State contract„ grant loan, cooperative agreement. Tex. Gov't Code § 556.0055. Recipient shall not use any State funds. either directly or indirectly,,, in support of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government. Page 3 of 12 C. Transferring Funds. Recipient is prohibited from transferring funds between grant programs (such as SHSP, UASI, and °PSG) or between each year of this Grant D. Notices. All notices or communications required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by ovemight courier, such as Federal Express or Lone Star, to the other party at its respective address. For notice to DPS/THSSAA see address set forth below. DPS/THSSAA Contact Information Deputy Assistant Director Texas Homeland Security State Admin. Agency Texas Department of Public Safety P.O. Box 4087 Austin, TX 78773-0220 F. Points of Contacts. Within 30 calendar days of any change, Recipient shall notify DPS/THSSAA of any change or correction to the chief elected official, program, and/or financial points of contact. G. DUNS Number. Recipient confirms its Data Universal Numbering Systems (DUNS) Number is the number listed on this Grant. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc. If Recipient does not have a DUNS number, it may obtain one by calling 866/705-5711 or going to http://fedaov.dnb.com/webform. H. Direct Deposit. If Recipient has not received LBSP reimbursements from DPS/THSSAA within the past eleven (11) months (prior to date of award), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from Recipient shall be emailed to SAA-LBSP aedps.texas nov. The email subject line and attachment name shall include the jurisdiction name and identify the document attached (i.e. "Sample County DD form"). The direct deposit form is currently available at http://www.window.state.tx.us/taxinfoltaxforms/74-176.odf. Recipient may simultaneously sign up for the Advance Payment Notification (APN) email feature which provides State of Texas payees with a one -business -day advance notice that a direct deposit payment has been sent to its financial institution. After receiving an APN, a payee may securely access its payment details online. I. Procurements. Recipient shall comply with all applicable state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes state funds awarded under this Grant. J. Use of DPS/THSSAA Seals and Non -Endorsement. Recipient shall obtain DPS/THSSAA's prior written approval before using its name, seal, logo, crest or reproductions. Funding of this Grant does not equate to endorsement of use of DPS/THSSAA's name. K. Recipient shall submit the following reports: 1. Border Incident Assessment Report (BIAR): Recipient shall email, fax or hand deliver all BIARs to its supporting JOIC as soon as possible, but no later than 9:00 AM daily following each reporting period. 2 Steady State Report: Steady State activities are defined as normal patrol or investigative duties that do not use these Grant funds, but directly impact the overall LBSP mission. Recipient shall report this information to the Joint Operations and Intelligence Center. 3 Uniform Crime Reporting (UCR): Recipient shall submit UCR data to the Crime Records Division of the Texas Department of Public Safety on a monthly basis. 4 Criminal History Reporting: Recipient shall submit criminal history reporting data, including information on arrest, charges, and dispositions as required by Article 60 of the Texas Code of Criminal Procedure. 5 LBSP-14 Financial Reports. Recipient shall submit financial reports (reimbursement request) preferably on a monthly basis, but at least quarterly. L. Unified Command (UC) Teleconferences/Meetings. Recipient shall participate in all scheduled UC teleconferences or meetings. Page 4 of 12 M. Site Visits. DPS/THSSAA, through its authorized representative, has the right at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DPS/THSSAA on the premises of Recipient or a contractor under this Grant, Recipient shall provide and she require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. N. Americans with Disabilities Act of 199a Recipient shall comply with the requirements of Titles 1, II, and III of the Americans with Disabilities Act, which prohibits Recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. 42 U.S.C. §§ 12101-12213. 0. Public Dissemination of Sensitive Information. Recipient shall notify DPSITHSSAA of any workshops, conferences, seminars or other public venues at least one hundred (100) calendar days before presenting any potentially sensitive information regarding this project. No sensitive information may be presented by Recipient without DPSITHSSAA prior written approval. P. Security ConcemsNiolations. Recipient shall inform the DPS/THSSAA's Deputy Assistant Director in writing within two (2) calendar days of Recipient being made aware of any security concerns with individuals having access to government facilities or sensitive inforrnation. In the event that sensitive information is divulged in violation of Recipient's security procedures, Recipient shall immediately notify the DPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action. 9. Monitoring DPS/THSSAA, or its authorized representative, reserves the right to perform periodic desk/office-based and/or on-site monitoring of Recipient's compliance with this Grant and of the adequacy and timeliness of Recipient's performance pursuant to this Grant. After each monitoring visit, DPS/THSSAA shall provide Recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in Recipient's performance under this Grant, the monitoring report shall include requirements for the timely correction of such deficiencies by Recipient. Failure by Recipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. 10. Audit Audit of State Funds, Recipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26). Recipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. Right to Audit. Recipient shall provide the Comptroller General of the United States, the Texas State Auditor, DPSITHSSAA, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of grant funds received and performances rendered under this Grant. Recipient shall permit DPS/THSSAA or its authorized representative to audit Recipient's records. Recipient shall provide any documents, materials or information necessary to facilitate such audit. Recipient's Liability for Disallowed Costs, Recipient shall be liable to DPSITHSSAA for any costs disallowed pursuant to any financial or compliance audit(s) of these funds, Recipient further understands and agrees that reimbursement to DPS/THSSAA of such disallowed costs shall be paid by Recipient from funds that were not provded or otherwise made available to Recipient pursuant to this Grant. Recipient's Facilitation of Audit. Recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this section as DPSITHSSAA may require of Recipient. Recipient shall ensure that this clause conceming the authority to audit funds received indirectly by subcontractors through Recipient and the requirement to cooperate is included in any subcontract it awards. State Auditor's Clause„ Acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds, Recipient agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investgation, including providing all records requested. Recipient shall ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State Auditor's Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Recipient relating to this Grant. Page 5 of 12 11. Retention and Accessibility of Records Retention of Records. Recipient shalt maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to all applicable state and local laws, rules, and regulations, including but not limited to Tex. Loc. Gov't Code Ch. 203, UGMS L,42, and this Grant. Recipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shalt be retained for three (3) years after any real estate or equipment final dsposition. Access to Records. Recipient shall give the United States Department of Homeland Security, the Comptroller General of the United States, the Texas State Auditor, DPS/THSSAA, or any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by Recipient pertaining to this Grant including records concerning the past use of DPS/THSSAA funds Such rights to access shall continue as long as the records are retained by Recipient. Recipient shall maintain such records in an accessible location and provide citizens reasonable access to such records consistent with the Texas Public Information Act, Texas Government Code, Chapter 552. Inclusion in Subcontracts. Recipient shall include the substance of the Retention of Records and Access to Records section herein in all subcontracts. After Action Reporting. Recipient shall complete, deliver to the appropriate source,, and retain copies of all after -action reports and certificates of completion for all training and exercises paid for by this Grant 12. Legal Authority Signatory Authority. Recipient assures and guarantees that Recipient possesses the legal authority to enter into this Grant, receive grant funds and to perform the project Recipient has obligated itself to perform pursuant to this Grant. Authorized Representative. The person or persons signing and executing this Grant on Recipient's behalf do warrant and guarantee that he/she has been duly authorized by Recipient to execute this Grant on Recipients behalf and to validly and legally bind Recipient to all terms and conditions and performance obligations. Conflicts in Requirements. If conflict exists between federal, state, or local requirements, Recipient shall comply with the strictest requirement. 13. Notice of Litigation and Claims Recipient shall provide DPS/THSSAA immediate notice in writing of any action or claim, including any proceeding before an administrative agency, filed against Recipient arising out of performance of this Grant. Except as otherwise directed by DPSITHSSAA, Recipient shall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Recipient with respect to such action or claim. 14. No Liability for Employees and Officers DPS/THSSAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Recipient, regardless of where the individual's actions or omissions occurred. 15. Non -Waiver of Defaults Any failure of DPS/THSSAA, at any time, to enforce or require the strict keeping and performance of any provision of this Grant shall not constitute a waiver of such provision, and shall not affect or impair same or the right of DPSITHSSAA at any time to avail itself of same. A waiver does not become effective unless DPSITHSSAA expressly agrees to such waiver in writing. Any payment by DPS/THSSAA shall not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPS/THSSAA to enforce its rights, as such rights, powers, privileges, and remedies are specifically preserved. Page 6 of 12 16. Changes and Amendments Modification. DPSITHSSAA may modify this Grant after an award has been made Once notification has been made in writing, any subsequent request for funds indicates Recipient's acceptance of the changes to this Grant. Any alteration, addition, or deletion to this Grant by Recipient is not valid. Written Amendment. Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, must be made through an executed Grant Adjustment Notice (GAN). Authority to Amend. During the period of performance for this Grant, DPSITHSSAA may issue policy directives that serve to establish,, interpret or clarify this Grant's performance requirements. Such policy directives shall be promulgated by DPS/THSSAA in the form of Information Bulletins and Sub -recipient Manuals and shall have the effect of modifying this Grant and shall be binding upon Recipient as if written in this Grant. Effect of Changes in State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event DPSITHSSAA determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Recipient shall be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Recipient's acceptance of the changes to this Grant. 17. Headings Headings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect or modify the terms and conditions or be used to interpret or assist in the construction of this Grant 18. Venue Venue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas. 19. Suspension In the event Recipient fails to comply with any term of this Grant, DPSITHSSAA may, upon written notification to Recipient, suspend this Grant, in whole or in part, withhold payments to Recipient and prohibit Recipient from incurring additional obligations of this Grant's funds. 20. Termination DPSITHSSAA shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if DPS/THSSAA determines that Recipient has failed to comply with any term of this Grant. DPS/THSSAA shall provide written notice of the termination and include: 1. The reason(s) for such termination; 2. The effective date of such termination; and 3. In the case of partial termination, the portion of this Grant to be terminated. 21. Enforcement If Recipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, DPSITHSSAA may take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by Recipient or more severe enforcement action by DPSITHSSAA; Page 7 of 12 2. Disallow, that is, deny both use of funds and matching credit for, all or part of the cost of the activity or action not in compliance; 3. Wholly or partially suspend or terminate this Grant for Recipient's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. The costs of Recipient resulting from obligations incurred by Recipient during a suspension or after termination of this Grant are not allowable unless DPSITHSSAA expressly authorizes them in the notice of suspension or termination or subsequently. Other Recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: 1. The costs result from obligations which were properly incurred by Recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non -cancellable; and 2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Recipient from being subject to "Debarment and Suspensionunder E.O. 12549 or 44 C.F.R. §13.35. 22. Conflict of Interest No employee, officer or agent of Recipient shall participate in the selection, or in the award or administration of a contract supported by State funds if a conflict of interest, real or apparent, is involved or otherwise creates the appearance of impropriety. 23. Closing of the Grant A. DPSITHSSAA will close this Grant after receiving Recipient's final performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to award modifications and payments. If the close out review and reconciliation indicates that Recipient is owed additional funds, DPS/THSSAA will send the final payment automatically to Recipient If Recipient did not use all the funds received, DPS/THSSAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. Recipient shall return the funds to the DPS/THSSAA within 30 calendar days of receiving the GAN. B. At the completion of Recipient's performance period, DPS/THSSAA will de -obligate all uncommitted / unexpended funds, which shall be returned to DPSITHSSAA, and will no longer available to Recipient once de -obligated C. The closeout of this Grant does not affect: 1. DPS/THSSAA's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Recipients obligation to retum any funds due as a result of later refunds, corrections, or other transactions, 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein, and 4. Any other provisions of this Grant that impose continuing obligations on Recipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. [Intentionally left blank] Page 8 of 12 Please fill in the appropriate information and certify by signing below that you have read, understood, and agree to the terms of this Grant. Print Name of Authorized Official Title Recipient Organization Signature of Authorized Official Date Page 9 of 12 EXHIBIT A CERTIFICATIONS 1. DRUG-FREE WORKPLACE - Recipient certifies that it will provide a drug-free workplace by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. B. Establishing a d -from awareness program to iform employees about: 1 the dangers of drug abuse in the workplace; ii. Recipient's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and iv. the penalties that may be imposed upon employees for drug abuse violations. C. Requiring each employee to be md in the performance of this Grant be given a copy of thstatement required by D. Notifyingthe employee in the statement required by paragraph (A) that, as a condition of ^.~.~,..^., under this Grant, the employee shall: 1 abide by the terms of the statement, and ii. notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not later than five calendar days after such conviction. E. Notifying DPS/THSSAA within ten calendar days after receiving notice under subparagraph (D) (11) from an employee or otherwise receiving actual notice of such conviction. F. Taking of the following actions with respect to any employee who is so convicted: i. appropriate personnel action against such an employee, up to and including termination; or n. requiring such employee to participate satisfactorilin drug buoe assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. G. Making a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. 2. LOBBYING — Recipiencertifies that: A. It will not use grant funds, either directly or indirectly, in support of the enactment, repeal, modification, or adoption of any law, regulation ar policy, at any levelof government. B. If annon-grant funds have been or will be used in support of th#ment, repeal, modification, or adoption of any law, regulation o at any level of t, it shall notify DPSrrHSSAA to obtain the appropriale disclosure fomi. CIt will include the language of paragraphs (A) and (B_ of this section in the award documents for all sub -awards or sub- contracts at aI tiers and will requ;re aH sub-reclpients and subcontractors to certify accordingly. Please fill in the appropriate information and sign to certify this Exhibit A, if Print Name of Authorized Official Title Recipient Organization Signature of Authorized Official Dale Page 10 of 12 EXHIBIT B ASSURANCES As the duly authorized representative of Recipient, I certify that Recipient: 1, Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of Recipients governing body or of Recipients contractor shall vote or confim7 the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the goveming body or to any other officer or employee authorized to employ or supervise such person. This prohibition shali not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governng body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by Recipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code,, Chapter 552, unless otherwise expressly prohibited by iiiaw. 3 Shall comply with Texas Government Code, Chapter 551„ 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. 4 Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5.. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if Recipient is a health„ human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code, or shat; provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules if Recipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances, When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administenng state agencies and Recipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section _ 36 for additional guidance on contract provisions), 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Recipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles 1, II, and 111 of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Tide Vlll of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to this Grant. 10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction sub -agreements. 11. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 12. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 13. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor Page 11 of 12 agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). 14. Shall comply with alt State of Texas tax laws and are solely responsible for filing all required state and federal tax forms. 15. Shall comply with all applicable requirements of all state laws, executive orders, regulations, and policies governing this program. 16 Certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at httosalwww, sam.govlportal/oublicISAMI. 17. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. Please fill in the appropriate information and sign to certify this Exhibit B. Print Name of Authorized Official Title Recipient Organization Signature of Authorized Official Date Page 12 of 12 Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $45,000 from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency for funding eligible under the FY2014 Local Border Security Program (LBSP) grant to reimburse overtime and fringe benefits; and appropriating the $45,000 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 in the amount of $45,000 from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency for funding eligible under the FY2014 Local Border Security Program (LBSP) grant. SECTION 2. That $45,000 is appropriated in the No 1061 Police Grants. Fund from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency to reimburse overtime and fringe benefits. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2014. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 18, 2014 Second Reading Ordinance for the City Council Meeting of March 25, 2014 DATE: TO: Ronald L. Olson, City Manager March 3, 2014 FROM: Floyd Simpson, Chief of Police floyds(a�cctexas. com 886-2604 Appropriating funds from the State of Texas Law Enforcement Standards and Education (LEOSE) account CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $29,600.43; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $29,600.43 in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. PURPOSE: Based on the Government Code, Section 415.0845, the State of Texas provides an annual allocation for training of police personnel as well as training equipment. The funds must be appropriated annually when the check is received. BACKGROUND AND FINDINGS: The funds are received from the State as directed by Government Code, Section 415.0845, to make an annual allocation from the Law Enforcement Officer Standards and Education account to qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and support personnel and any training equipment. The amount of funds received depends on the number of personnel we have as of January 1 of each year. The funds were suspended in 2011 due to State budget constraints and are now reinstated. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X 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: RECOMMENDATION: Staff recommends approving the ordinance and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $29,600.43; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $29,600.43 in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. 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 annual allocation payment from the State of Texas — Law Enforcement Officer Standards and Education Account in the amount of $29,600.43. SECTION 2. That $29,600.43 from the State of Texas — Law Enforcement Officer Standards and Education Account is appropriated in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. 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 th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: 2/24/2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo a(�cctexas.com 361-826-3494 Community Enrichment Fund (4720) appropriation for park improvements CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $341,846.87 in developer contributions and $1,498.08 in interest earnings for a sum of $343,344.95 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. PURPOSE To appropriate funds received from developer fees and interest earned in the Community Enrichment Fund so that the funds would be available for associated projects. BACKGROUND AND FINDINGS: The Platting Ordinance provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than 5 miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City policy requires all funds drawn from the city treasury be appropriated by City Council before they can be expended. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: ❑ Operating X Revenue X Capital ❑ Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,255,277.57 $4,255,277.57 Encumbered / Expended Amount 2,609,998.05 2,609,998.05 This item 343,344.95 343,344.95 BALANCE $1,988,624.47 $1,988,624.47 Fund(s): The Community Enrichment fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Comments: Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically, usually at the end of each fiscal year. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Attachment - Schedule of park development fees, fees in lieu of land, and interest earned to be appropriated; Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $341,846.87 in developer contributions and $1,498.08 in interest earnings for a sum of $343,344.95 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Whereas, City of Corpus Christi Unified Development Code provides that should the City accept fees in lieu of land for park dedication, the fees shall be placed in the City's Community Enrichment Fund for the acquisition or improvement of parks most likely to serve the subdivision; Whereas, City of Corpus Christi Unified Development Code provides that park development fees may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate $341,846.87 in developer contributions and $1498.08 in interest earnings, for a sum of $343,344.95, in the No. 4720 Community Enrichment Fund for park improvements and other related projects. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, 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 , 2014, 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 , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor CITY OF CORPUS CHRISTI 4720 COMMUNITY ENRICHMENT FUND Includes deposits received through 2/6/14 Org # Description To be Appropriated 21460 Developer Fee - interest 414.18 21300 Park trust-unrestrict interest 982.96 21371 Gateway interest 9.05 21357 HEB Park pool & tennis interes 1.88 21502 Beautification prom. interest 9.57 21507 Ed exchg prg-Sister City int. 0.66 21511 Permanent art trust interest 79.78 INTEREST 1,498.08 21300 Park trust-unrestrict donation 12,337.50 21460 Park Development Fee 192,458.40 21334 Brookdale Pk 59,687.03 21336 Cole Park donation 236.00 21346 Waldron Park 1,406.77 21667 Vista Hermosa 76.39 21459 Edgewater 1,875.00 21623 Morton Tract 1,250.00 21671 Glen Arbor 48,437.50 21450 Monte Verde @Terra Mar 5,820.49 21410 Yorktown Crossing 5,070.00 21650 Oso Parkway 10,000.00 21421 Royal Creek Estates 3,191.79 CONTRIBUTIONS 341,846.87 TOTAL INTEREST & CONTRIBUTIONS 343,344.95 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: 2/24/2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3494 STARCAR lease renewal for Bill Witt Park CAPTION: Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with STARCAR for Bill Witt Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. PURPOSE: To renew the lease for STARCAR for the next five years. BACKGROUND AND FINDINGS: STARCAR desires to renew their lease with the City for their radio control automobile activity at Bill Witt Park. ALTERNATIVES: Do not approve the lease agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Action is required by City Council to renew the STARCAR Lease for 5 years. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X 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: RECOMMENDATION: Staff recommends approval of ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with STARCAR for Bill Witt Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. 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 a 60 month lease agreement with STARCAR for Bill Witt Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following votes: Nelda Martinez Lillian Riojas Kelley Allen Priscilla Leal Rudy Garza, Jr. David Loeb Mark Scott Chad Magill Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following votes: Nelda Martinez Lillian Riojas Kelley Allen Priscilla Leal Rudy Garza, Jr. David Loeb Mark Scott Chad Magill Colleen McIntyre PASSED AND APPROVED this the day of , 2014. ATTEST: Nelda Martinez Mayor Rebecca Huerta City Secretary LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTH TEXAS ASSOCIATION FOR RADIO CONTROLLED AUTOMOBILE RACING, INC. This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ("City"), acting through its duly authorized City Manager or designee ("City Manager"), and South Texas Association for Radio Controlled Automobile Racing, Inc. ("Lessee"), a nonprofit corporation, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibit A, which said property is located in Corpus Christi, Nueces County, Texas, a portion of which will be known as the "Premises"; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of City Council approval, ("Effective Date") which is , unless sooner terminated as set out herein. Upon Effective Date, this lease terminates the prior leases between the parties for use of said Premises. Section 2. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Park and Recreation or designee ("Director"). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ("Improvements") including, without limitation, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration. Lessee must operate the program described on Exhibit A and must maintain the Premises and all Improvements on a year-round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year; 1 (B) (C) (D) (E) (F) (G) Lessee shall keep fully operational and in good repair the fields, and irrigation systems, if any are present or installed on the Premises. Lessee must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas; Lessee shall ensure that parking is confined to on -street parking only, or designated parking lots but no parking is to be allowed on grass; Lessee will provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the fields as set out in herein below. Furthermore, Lessee will be responsible for maintaining the grass in the adjacent viewing/access areas at a safe height not to exceed six (6) inches; Lessee shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Lessee must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre -season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Lessee must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty-eight (48) hours after the need for repair is or should have been discovered; Lessee is responsible to proper installation and use improvements at Premises; Lessee must maintain First Aid kit on Premises; Lessee shall submit the attached Exhibit D, Standard Director no later than January 31 of each year. of all equipment and of Maintenance to the Section 5. Compliance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10%) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. 2 Section 7. Securing/Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 8. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 9. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and/or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and/or easements to minimize damage to the Premises and/or its Improvements. Section 10. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 19 for the type of fundraising activity being proposed by Lessee. Section 11. Additions or Alterations. (A) Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense. At the termination or expiration of this Lease, all 3 permanent additions and alterations installed by Lessee at the Premises, including but not limited to, fences, concession stands, goal posts and bleachers, become property of the City without necessity of legal action. Section 12. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Section 13. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 14. Advertising. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 15. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 16. Non -Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non- discrimination covenant. Section 17. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. 4 Section 18. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and ex- penses, including reasonable attorneys' fees. Section 19. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims), or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by Indemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by 5 any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 20. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit B constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit B", to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 21. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 22. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. 6 (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion, that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non -terminating party. Section 23. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469-9277 Name and address on Exhibit A Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 24. List of Current Officers and Board of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 25. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. 7 Section 26. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improve- ments construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or recon- struction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 27. Amendments. No alterations, changes, or modifications of the terms of this Lease nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 28. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly under- stood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. 8 Section 29. Force Majeure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 30. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 31. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 32. Severabilit (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable un- der present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, para- graph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unen- forceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 33. Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 880-3461 and talk to the Parks Director, or designee. Section 34. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. 9 EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2014. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Ron Olson, City Manager Approved as to legal form: Douglas K. DeFratus Assistant City Attorney For City Attorney By: LESSEE: South Texas Association for Radio Control Automobile Racing Cindy Daughtry President Printed Name:C ('13CIA 2 Date: nr1 ] —- STATE OF TEXAS ' COUNTY OF NUECES r This instru ent was acknowledged before me on ‘24..04/ezi f / , 2014, by . President of , on behalf of said organization. LORI DEEDS Notary Public, Stale of Texas Ny C'.nmmissien Expires Ocio mer 14, 2014 Public, State of Texas Tinted name: LG`� IGs Commission expires: 10 EXHIBIT A South Texas Association for Radio Controlled Automobile Racing Property Description: Bill Witt Park Term: January 27, 2014 to January 31, 2019 Program to be operated by Lessee: public, radio controlled race track Notice Address for Lessee: STARCAR, Inc. Attn: President, c/o Cindy Daughtry 2030 Saratoga Corpus Christi, Texas 78411 11 C1 UrAWN Fat ION Che ~ED 'Rif OF al8PUS O&M ar KA Mat ARE rn1H REFE11Rlcc 7O PIM OF - =MON MOSER% UNIT 4. 11S RECORDED IN VOIAIYE Si. PACE 04. WP RECORDS OF NlhZSE.i COUNTY. ZFV& r BILL WITT PARK STA1E OF TEXAS COUNTY of RUM E L O. OCRS. R UIS1EREO PROFESSIONAL LAND SURVEYOR OF 11E STATE OF 1EIVS. NEREIK =rev' 1W.T 710! MOP WAS PREPARED ETON AH A411.14 1- MUD SURVEY 11AOE ON THE OROUND UNDER WY OIRECD0N ANO IS _ 'TRUE AND CORRM.T 10 'R1E REST OF 11V 1o10111.1D2E. 115.4 TFE r_i_OAY OF .MA-- _ 2004. RUSSRL D. OCIE R.P.L.9. WAS RECISIRADON NO. 5241 clri- i*,•b1sT 49 .. *4 la •111 r woo s r. ®� t • armor DOW oer 4 Seale In Fest BILE WrIT PARK — STARCAR LASS OWNER: CITY OF CORPUS CHRISTI BEING A 3.04 ACRE (132.557.7 SQ. FT.) TRACT OF MD. OUT OF A 138.22 ACRE TRACT. CONVEYED TO THE CITY OF CORPUS CHRIST!. Vi DEED RECORDED IN VOLUME 1709. PACE 95. OF THE DEED RECORDS OF NUECES COUNTY. TEXAS, ANO PART OF SECTION 21. FLOUR BLUFF & EMMIA'. FARM & GARDEN TRACTS. AS RECORDED IN VOLUME A. PAGES 41-43. MAP RECORDS OF NUECES COUNTY. TEXAS_ UMW CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division Dols: 04-05-04 DITINI B f fav Of.drsBp. ROHS POT r OF $ EXHIBIT C INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non -renewal, material change or termination is required on all certificates. Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". ".In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations". • At a minimum, a 30 -day written notice of cancellation, material change, non -renewal or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-(7) are included or excluded. 13 SITE: EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due January 31 INSPECTOR: ADDRESS: Date of Inspection: League President Signature All Leases Sport League will be expected to complete this self -inspection checklist form annually. Due date will be January of the upcoming year. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per site and the City will do the inspection. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. [ ] [ ] 2. The soil surface is not loose enough around sliding zones for safe sliding. [ ] [ ] 3. The soil is too abrasive for safe sliding. [ ] [ ] 4. The soil is too compacted to provide good drainage. [ ] [ ] 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [ ] [ ] 6. Batter's box and home plate areas have become worn and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become worn and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, holes, or is not level and should be dragged/re-graded. [ ] [ ] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. [ ] [ ] 10. The skinned area has unsafe wet spots and/or puddles. [ ] [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ ] [ ] 12. Coach's box is not level with surrounding area. [ ] [ ] 13. Coach's box is excessively hard. 14 COMMENTS PITCHER'S MOUND Yes No [ ] [ ] 1. The mound does not conform to league requirements. [ ] [ ] 2. Platform area behind the rubber is not large enough. [ ] [ ] 3. "Push off" and "landing" areas are not constructed with specialized clay. [ ] [ ] 4. "Push -off" and "landing" areas are dished out and need repair. [ ] [ ] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [ ] [ ] 2. Litter and unsafe debris is scattered around the field and player/spectator areas. [ ] [ ] 3. The supply and location of waste cans is inadequate. [ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [ ] [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [ ] [ ] 6. Our facility does not comply with industry recommended field design specifications. COMMENTS 15 BASES AND ANCHORING: Yes No [ ] [ ] 1. The base coverings have unsafe rips or gouges. [ ] [ ] 2. The base framework or hardware is loose or damaged. [ ] [ ] 3. The base ground stake is unsafely protruding above the surface grade. [ ] [ ] 4. The base ground stake is out of alignment or not level with the surface. [ ] [ ] 5. The base ground stake is not firmly secured in its concrete footing. [ ] [ ] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. [ ] [ ] 7. The bases do not seat properly with the ground elevation or they are seated loosely. [ ] [ ] 8. The concrete footings have rounded edges and may twist out of place in the ground. [ ] [ ] 9. The surface of home plate is not level with the surrounding surface. [ ] [ ] 10. The surface of home plate is worn or irregular. [ ] [ ] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [ ] [ ] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS FENCING Yes No [ ] [ ] 1. Fence posts are loose or improperly set in the ground. [ ] [ ] 2. Fence posts are on the inside of the playing area fence. [ ] [ ] 3. Concrete footings are exposed above ground. [ ] [ ] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] [ ] 5. There are unsafe gaps under fencing. [ ] [ ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [ ] 8. Wire ends of chain link fencing are exposed along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ ] [ ] 10. Gates are left open during games. [ ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. 16 [ ] [ ] 12. Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [ ] [ ] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [][] [][] 2. The surface is uneven because of soil grade. 3. Soil is too wet or drains poorly making an unsafe running surface. [ ] [ ] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ ] [ ] 5. Turf irrigation comes on during games. [ ] [ ] 6. Turf is not stable and "blow -outs" frequently occur. [ ] [ ] 7.Weeds are present with thorns, bristles, or burrs. [ ] [ ] 8. Moles, gophers or other animals have caused mounds or holes. [ ] [ ] 9. Hazardous ruts occur on the field from mowing equipment or trenching. [ ] [ ] 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) are protruding from the surface. COMMENTS LIGHTING Yes No [ ] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [ ] [ ] 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular. [ ] [ ] 5. The lighting foot-candles do not meet industry recommended specifications. COMMENTS 17 BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [ ] 2. The guard rails are loose or missing. [ ] [ ] 3. The plank or railing end caps are loose or missing. [ ] [ ] 4. Wooden planks are worn out or splintered. [ ] [ ] 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ ] [ ] 2. The chalking material used is irritating to the eyes. [ ] [ ] 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. [ ] [ ] 4. There are no public telephones available for emergency situations. [ ] [ ] 5. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 18 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: TO: March 7, 2014 Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager WesP@cctexas.com (361) 826-3082 Ordinance — Appropriating Lead Ballast Revenue for Columbus Sailors Association CAPTION: Ordinance appropriating $18,526 of revenue, from the sale of lead ballast from the Santa Maria, in the No. 1020 General Fund for payment to Columbus Sailing Association for the cost associated with the repair and restoration of the Nina or for staging facilities for the Nina; and changing the FY 2013-2014 operating budget adopted by Ordinance No. 029915 by increasing revenue and expenditures by $18,526 each. PURPOSE: The purpose of this item is to appropriate funds from the sale of the lead ballast for the Columbus Sailors to utilize for repairs to the Nina, as outlined in the LEASE AGREEMENT RE: Nina, between the City of Corpus Christi and Columbus Sailing Association. BACKGROUND AND FINDINGS: In LEASE AGREEMENT RE: Nina, the City agreed to reserve funds from the sale of the lead ballast from Santa Maria during the term of the agreement to be used for payment to the CSA for repair, restoration and maintenance of the Nina. ALTERNATIVES: None that staff would recommend OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms with legal policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑x Operating ❑ Revenue ❑ Capital ❑ 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 $18,526.00 $18,526.00 BALANCE $18,526.00 $18,526.00 Fund(s): General Fund There is a revenue of $18,526.00 associated with this item. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance — Lead Revenue Appropriation. Ordinance Appropriating $18,526 of revenue, from the sale of lead ballast from the Santa Maria, in the No. 1020 General Fund for payment to Columbus Sailing Association for the cost associated with the repair and restoration of the Nina or for staging facilities for the Nina; and changing the FY 2013-2014 operating budget adopted by Ordinance No. 029915 by increasing revenue and expenditures by $18,526 each BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That $18,526, from the sale of lead ballast from the Santa Maria, is appropriated in the No. 1020 General Fund for payment to Columbus Sailing Association for the cost associated with the repair and restoration of the Nina or for staging facilities for the Nina. SECTION 2. The FY 2013-2014 operating budget adopted by Ordinance No. 029915 is amended by increasing revenue and expenditures by $8,800 each. 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 th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of March 25, 2014 Second Reading Ordinance for the City Council Meeting of April 8, 2014 DATE: March 13, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Amendment to the Unified Development Code: Increasing Time Limit for Council Action on Applications CAPTION: Ordinance amending the Unified Development Code by revising subsections 3.3.3.0 and 3.4.2.D regarding City Council final action on Zoning Map amendments (rezonings), historic overlay districts or landmark designations; and providing for severance, penalties, and publication. PURPOSE: The purpose of this item is to increase the amount of time Council has to take action on an application for a rezoning or historic overlay district. BACKGROUND AND FINDINGS: For rezonings and historic designations applications, the Unified Development Code (UDC) currently requires Council to take final action on an application within 45 days from the date the advisory board makes a recommendation on it. This time limit has proven itself unachievable in instances where Council wishes to table the application and where public notice timelines and Council workshops limit the number of Council dates available. Increasing the time limit for final Council action from 45 days to six months creates more flexibility in the development review process. For comparison, the former Zoning Ordinance allowed up to six months for final Council action and the UDC allows the Planning Commission up to six months to make a recommendation. Staff finds that six months is a reasonable time limit for final action. ALTERNATIVES: Denial or alteration of the proposed UDC amendments. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendments conform to City policy and State law. DEPARTMENTAL CLEARANCES: Planning Commission and Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z 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: Planning Commission and staff recommend approval of the proposed UDC amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code by revising subsections 3.3.3.0 and 3.4.2.D regarding City Council final action on Zoning Map amendments (rezonings), historic overlay districts or landmark designations; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City of Corpus Christi, Texas ("City") Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 12, 2014, during a meeting of the Planning Commission, and on Tuesday, March 25, 2014, 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 to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That UDC subsection 3.3.3.0 is amended by revising the text to read as follows: "3.3.3 Review Process "C. City Council Final Action "1. Following notice in accordance with Subsection 3.1.7, the City Council shall hold a public hearing and approve, approve with conditions, or deny the Zoning Map amendment. If a proposed amendment has been recommended for disapproval by the Planning Commission or when the action taken by the City Council regarding a special permit is less restrictive as to use or density than the recommendation of the Planning Commission, then the amendment shall not become effective except by a favorable vote of at least three-fourths of all members of the City Council mcmbcrs whcthcr or not all mcmbcrs arc prcscnt and voting. "2. The City Council shall take final action on the Zoning Map amendment within 45 days six months from the date the request for Council action and the final rcport recommendation of the Planning Commission is made. In the event the City Council Ordinance_UDC Amdmt_TimeLimitCouncilAction_03122014 Page 1 of 3 shall fail to act within '15 days six months, such proposed the Zoning Map amendment, supplcmcnt, shall be deemed in all things denied." SECTION 2. That UDC subsection 3.4.2.D is amended by revising the text to read as follows: "3.4.2 Review Process "D. City Council Final Action "2. The City Council shall take final action on the historic overlay zoning district or landmark designation within 45 days six months from the date the recommendation of the Landmark Commission is made. In the event the City Council shall fail to act within '15 days six months, designation shall be denied. SECTION 3. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 4. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC SECTION 5. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 6. This ordinance is effective immediately and applies to any rezoning that is in the process of or has taken effect. Ordinance_UDC Amdmt_TimeLimitCouncilAction_03122014 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: Rebecca Huerta City Secretary day of , 20 Nelda Martinez Mayor Ordinance_UDC Amdmt_TimeLimitCouncilAction_03122014 Page 3 of 3 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: March 18, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services constancep@cctexas.com (361) 826-3227 Approval of Financing for Phase 2 of Energy Projects CAPTION: A. Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014. B. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014" in an amount not to exceed $9,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the contractual obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the contractual obligations; authorizing the execution of a Payment Agent/Registrar Agreement and a Purchase and Investment Letter; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the contractual obligations; and providing an effective date. PURPOSE: The purpose of this agenda item is to provide financing needed in order to execute Amendment No. 2 for energy services with McKinstry Essention for work associated with Phase 2 of the retrofit assessment of the City's major facilities and energy audit. BACKGROUND AND FINDINGS: As part of a $2,507,500 grant received from the Energy Efficiency and Conservation Block Grant Program, the City of Corpus Christi is required to conduct energy audits and retrofits of selected municipal buildings and selected facilities and infrastructure. Energy Savings Phase 1 was completed in 2013, and the City is moving forward with Phase 2. Phase 2 includes 76 facilities, implementing a comprehensive strategy to continue to reduce energy and water consumption, as well as completing a city-wide Building Automation System at a cost of $7,709,592. Energy and water efficiency applications will be implemented at City Hall, Police and Courts, the Science and Art Museums, Libraries, Community Centers, Fire Stations, Convention Center, Park and Recreations, Marina, Gas Department, Water Department and City Administration's Frost Bank. In order to finance this project, several different financing tools were examined. Upon consultation with the City's financial advisor and bond counsel, Public Property Finance Contractual Obligations (PPFCO's) were identified as the most cost effective financing tool for this project, as was the case with Phase 1. Public Property Finance Contractual Obligations are authorized under Subchapter A, "Public Property Financing Act", Chapter 271 of the Local Government Code and are used to finance personal property and equipment acquisitions for a term not to exceed 25 years. "Personal property" includes appliances, equipment, facilities, and furnishings, or an interest in personal property; or material and labor incident to the installation of that personal property. It does not include real property. Based on a review of the attached list of projects, bond counsel concluded that approximately 95% of the projects qualify to be funded with PPFCO's. Building envelope improvements, which are approximately 5% of the project ($379,360 of the total project amount of $7,709,592) do not qualify. This includes the installation of weather stripping, chalking, sealants, etc. around buildings to reduce infiltration and exfiltration. Funding for the excluded portion will come from either the City's operational budget or from other general obligation debt. Execution of Public Property Finance Contractual Obligations is similar to other debt the City issues. A financial advisor is utilized for the transaction, and appointment of M. E. Allison & Co., Inc. is being recommended in Part A of this agenda item. Part B of this agenda item authorizes the issuance of the Public Property Finance Contractual Obligations and is structured as a parameter - similar to the City's most recent debt financings. The parameter ordinance authorizes the City Council to delegate to the Mayor, City Manager, and Assistant City Manager for General Government and Operations Support (i.e., "Authorized Representatives") the authority to effect the sale of the Contractual Obligations subject to the following parameters: (1) the principal amount of each series of the Obligations may not exceed $9,000,000; (2) none of the Obligations shall bear interest at a rate greater than 7% per year; and (3) the Obligations must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the Contractual Obligations to the Authorized Representatives in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. Due to the size of this transaction, it is being structured as a privately -placed loan — meaning that our financial advisor will be soliciting bids to financial institutions. As a result, no underwriters will be needed for this transaction. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Issuance of municipal obligations are exempted from the City of Christi's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department • Engineering Services FINANCIAL IMPACT: PART B: ❑ Not Aoolicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of (date) - - This item - $ 9,000,000 $ - $ 9,000,000 BALANCE - $ 9,000,000 $ - $ 9,000,000 FUND(S): Fund 3163 Energy Effncy CIP 2014 PPFCO COMMENTS: Although the project is budgeted at $7,709,592, the amount authorized in the parameter ordinance is an amount not to exceed $9,000,000 to cover other costs included in the project budget including consultant fees, reimbursements, and contingencies. RECOMMENDATION: Staff recommends that City Council approve each part of this agenda item as presented. LIST OF SUPPORTING DOCUMENTS: Financial Advisor Fee Schedule Summary of Projects Ordinance (�. slaw. Jac. 1 NVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS More than And Not More than $ $ 250,000 $7,500 plus $20.00 per $1,000 for all over $150,000 250,000 350,000 $9,500 plus $10.00 per $1,000 for all over $250,000 350,000 500,000 $10,500 plus $8.00 per $1,000 for all over $350,000 500,000 700,000 $11,700 plus $7.00 per $1,000 for all over $500,000 700,000 1,000,000 $13,100 plus $6.00 per $1,000 for all over $700,000 1,000,000 1,500,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 1,500,000 5,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 5,000,000 10,000,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 10,000,000 20,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 20,000,000 No Limit $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25%. EXHIBIT A AGENDA MEMORANDUM First Reading for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: March 18, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services constancep@cctexas.com (361) 826-3227 Approval of Financing for Phase 2 of Energy Projects CAPTION: A. Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014. B. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014" in an amount not to exceed $9,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the contractual obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the contractual obligations; authorizing the execution of a Payment Agent/Registrar Agreement and a Purchase and Investment Letter; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the contractual obligations; and providing an effective date. PURPOSE: The purpose of this agenda item is to provide financing needed in order to execute Amendment No. 2 for energy services with McKinstry Essention for work associated with Phase 2 of the retrofit assessment of the City's major facilities and energy audit. BACKGROUND AND FINDINGS: As part of a $2,507,500 grant received from the Energy Efficiency and Conservation Block Grant Program, the City of Corpus Christi is required to conduct energy audits and retrofits of selected municipal buildings and selected facilities and infrastructure. Energy Savings Phase 1 was completed in 2013, and the City is moving forward with Phase 2. Phase 2 includes 76 facilities, implementing a comprehensive strategy to continue to reduce energy and water consumption, as well as completing a city-wide Building Automation System at a cost of $7,709,592. Energy and water efficiency applications will be implemented at City Hall, Police and Courts, the Science and Art Museums, Libraries, Community Centers, Fire Stations, Convention Center, Park and Recreations, Marina, Gas Department, Water Department and City Administration's Frost Bank. In order to finance this project, several different financing tools were examined. Upon consultation with the City's financial advisor and bond counsel, Public Property Finance Contractual Obligations (PPFCO's) were identified as the most cost effective financing tool for this project, as was the case with Phase 1. Public Property Finance Contractual Obligations are authorized under Subchapter A, "Public Property Financing Act", Chapter 271 of the Local Government Code and are used to finance personal property and equipment acquisitions for a term not to exceed 25 years. "Personal property" includes appliances, equipment, facilities, and furnishings, or an interest in personal property; or material and labor incident to the installation of that personal property. It does not include real property. Based on a review of the attached list of projects, bond counsel concluded that approximately 95% of the projects qualify to be funded with PPFCO's. Building envelope improvements, which are approximately 5% of the project ($379,360 of the total project amount of $7,709,592) do not qualify. This includes the installation of weather stripping, chalking, sealants, etc. around buildings to reduce infiltration and exfiltration. Funding for the excluded portion will come from either the City's operational budget or from other general obligation debt. Execution of Public Property Finance Contractual Obligations is similar to other debt the City issues. A financial advisor is utilized for the transaction, and appointment of M. E. Allison & Co., Inc. is being recommended in Part A of this agenda item. Part B of this agenda item authorizes the issuance of the Public Property Finance Contractual Obligations and is structured as a parameter - similar to the City's most recent debt financings. The parameter ordinance authorizes the City Council to delegate to the Mayor, City Manager, and Assistant City Manager for General Government and Operations Support (i.e., "Authorized Representatives") the authority to effect the sale of the Contractual Obligations subject to the following parameters: (1) the principal amount of each series of the Obligations may not exceed $9,000,000; (2) none of the Obligations shall bear interest at a rate greater than 7% per year; and (3) the Obligations must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the Contractual Obligations to the Authorized Representatives in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. Due to the size of this transaction, it is being structured as a privately -placed loan — meaning that our financial advisor will be soliciting bids to financial institutions. As a result, no underwriters will be needed for this transaction. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Issuance of municipal obligations are exempted from the City of Christi's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department • Engineering Services FINANCIAL IMPACT: PART B: ❑ Not Aoolicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of (date) - - This item - $ 9,000,000 $ - $ 9,000,000 BALANCE - $ 9,000,000 $ - $ 9,000,000 FUND(S): Fund 3163 Energy Effncy CIP 2014 PPFCO COMMENTS: Although the project is budgeted at $7,709,592, the amount authorized in the parameter ordinance is an amount not to exceed $9,000,000 to cover other costs included in the project budget including consultant fees, reimbursements, and contingencies. RECOMMENDATION: Staff recommends that City Council approve each part of this agenda item as presented. LIST OF SUPPORTING DOCUMENTS: Financial Advisor Fee Schedule Summary of Projects Ordinance DRAFT 3/25/14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS TAX NOTES, SERIES 2014" IN AN AMOUNT NOT TO EXCEED $8,000,000, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE OBLIGATIONS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE PROVISIONS OF THE DEPOSITORY TRUST COMPANY'S LETTER OF REPRESENTATIONS; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE OBLIGATIONS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to the provisions of Chapter 1431, as amended, Texas Government Code (the Act), the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) is authorized and empowered to issue anticipation notes to pay contractual obligations incurred or to be incurred for the construction of any public works, for the purchase of materials, supplies, equipment, machinery, buildings, lands, and rights-of-way for the Issuer's authorized needs and purposes, and for professional services, including services provided by tax appraisal engineers, engineers, architects, attorneys, auditors, mapmakers, financial advisors, and fiscal agents; and WHEREAS, in accordance with the provisions of the Act, the Governing Body hereby finds and determines that anticipation notes should be issued and sold at this time to finance the costs of paying contractual obligations to be incurred for the (1) designing, acquiring, constructing, renovating, and improving Issuer streets (including utility relocation), sidewalks, curbs, and drainage incidental thereto, (2) making real property improvements related to a new energy management and control system on an Issuer -wide basis and the purchase of materials, supplies, equipment, and machinery for authorized needs and purposes relating to the aforementioned capital improvements, and (3) payment of professional services related to the design, construction and financing of the aforementioned projects; and WHEREAS, the Governing Body hereby finds and determines that the issuance of anticipation notes is in the best interests of the residents of the Issuer, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: Authorization - Designation - Principal Amount - Purpose. General obligation notes of the Issuer shall be and are hereby authorized to be issued in the aggregate principal amount of 57327455.4 1 THOUSAND AND NO/100 DOLLARS ($ ), to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS TAX NOTES, SERIES 2014" (the Obligations), for the purpose of providing funds for the (1) designing, acquiring, constructing, renovating, and improving Issuer streets (including utility relocation), sidewalks, curbs, and drainage incidental thereto, (2) making real property improvements related to a new energy management and control system on an Issuer -wide basis and the purchase of materials, supplies, equipment, and machinery for authorized needs and purposes relating to the aforementioned capital improvements, and (3) payment of professional services related to the design, construction and financing of the aforementioned projects, all in conformity with the laws of the State of Texas, particularly Chapters 1371 and 1431, as amended, Texas Government Code, and an ordinance adopted by the Governing Body on March 25, 2014, and the City's Home Rule Charter. As authorized by Chapter 1371, as amended, Texas Government Code (Chapter 1371), the Mayor of the City, the City Manager of the City, the Assistant City Manager for General Government and Operations Support, and the Director of Financial Services (each of the foregoing, individually, an Authorized Official) are hereby authorized, appointed, and designated as the officers of the Issuer authorized to individually act on behalf of the Issuer in selling and delivering the Obligations authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Obligations, the redemption provisions therefor, and the rate of interest to be borne on the principal amount of each such maturity. Each Authorized Official, acting for and on behalf of the Issuer, is authorized to execute the Approval Certificate attached hereto as Schedule I. The Obligations shall be issued in the principal amount not to exceed $8,000,000; the maximum maturity of the Obligations will be March 1, 2022; and the net effective per annum interest rate shall not exceed a rate greater than 5.00% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. The execution of the Approval Certificate shall evidence the sale date of the Obligations by the Issuer to the Purchasers (defined herein) in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, the Obligations shall not be delivered unless prior to their initial delivery, the Obligations have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates — Dated Date. The Obligations shall be issued as fully registered obligations, without coupons, shall be dated April 1, 2014 (the Dated Date) and shall be issued in denominations of $100,000 or any integral multiple of $5,000 in excess thereof (within a Stated Maturity), shall be lettered "R-" and numbered consecutively from one (1) upward and principal shall become due and payable on March 1 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Closing Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to Stated Maturity, at the per annum rates, while Outstanding (hereinafter defined), in accordance with the following schedule: 57327455.4 2 Years of Principal Interest Stated Maturity Amounts ($) Rates (%) 2015 2016 2017 2018 2019 2020 2021 The Obligations shall bear interest on the unpaid principal amounts from the Closing Date (hereinafter defined), or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity, while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Obligations shall be payable on March 1 and September 1 in each year, commencing September 1, 2014 (the Interest Payment Date), while the Obligations are Outstanding. SECTION 3: Payment of Obligations - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Obligations, due and payable by reason of Stated Maturity or otherwise, shall be payable, without exchange or collection charges to the Holder (as hereinafter defined), appearing on the registration and transfer books maintained by the Paying Agent/Registrar (hereinafter defined), in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Obligations shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Obligations. The selection and appointment of (the Paying Agent/Registrar), to serve as the initial Paying Agent/Registrar for the Obligations is hereby approved and confirmed, and the Issuer agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Obligations, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the Issuer may prescribe. The Issuer covenants to maintain and provide a Paying Agent/Registrar at all times while the Obligations are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The Issuer reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the Issuer agrees to promptly cause a written notice of 57327455.4 3 this substitution to be sent to each Holder of the Obligations by United States mail, first-class postage prepaid, which notice shall also give the address of the corporate office of the successor Paying Agent/Registrar. Principal of, premium, if any, and interest on the Obligations, due and payable by reason of Stated Maturity or otherwise, shall be payable only to the registered owner of the Obligations appearing on the Security Register (the Holder or Holders) maintained on behalf of the Issuer by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Obligations, (ii) on the date of surrender of the Obligations for purposes of receiving payment of principal thereof at the Obligations' Stated Maturity, and (iii) on any date for any other purpose. The Issuer and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of an Obligation for purposes of receiving payment and all other purposes whatsoever, and neither the Issuer nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Obligations shall be payable only upon presentation and surrender of the Obligations to the Paying Agent/Registrar at its corporate trust office (provided, however, with respect to principal payments prior to the final Stated Maturity, the Obligations need not be surrendered to the Paying Agent/Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar). Interest on the Obligations shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Obligations (the Record Date) and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Obligations shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Obligations was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder of an Obligation appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. 57327455.4 4 SECTION 4: Redemption. The Obligations are not subject to redemption prior to Stated Maturity. SECTION 5: Execution - Registration. The Obligations shall be executed on behalf of the Issuer by its Mayor under the seal of the Issuer reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Obligations may be manual or facsimile. Obligations bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the Issuer shall bind the Issuer, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Obligations to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Obligation shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Obligation either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Obligation shall be conclusive evidence, and the only evidence, that such Obligation has been duly certified or registered and delivered. SECTION 6: Registration - Transfer - Exchange of Obligations - Predecessor Obligations. A Security Register relating to the registration, payment, transfer, or exchange of the Obligations shall at all times be kept and maintained by the Issuer at the corporate trust office of the Paying Agent/Registrar, and the Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each Holder of the Obligations, or, if appropriate, the nominee thereof, issued under and pursuant to the provisions of this Ordinance. Any Obligation may, in accordance with its terms and the terms hereof, be transferred or exchanged for Obligations of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Obligation to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Obligation at the corporate trust office of the Paying Agent/Registrar, the Issuer shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Obligations of authorized denominations and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Obligation or Obligations surrendered for transfer. At the option of the Holder, Obligations may be exchanged for other Obligations of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Obligations surrendered for exchange upon surrender of the Obligations to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Obligations are so surrendered for exchange, the Issuer shall execute, and the Paying Agent/Registrar shall register and deliver, the Obligations to the Holder requesting the exchange. 57327455.4 5 All Obligations issued upon any transfer or exchange of Obligations shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the Issuer, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Obligations surrendered upon such transfer or exchange. All transfers or exchanges of Obligations pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Obligations canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Obligations, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Obligation or Obligations registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Obligations shall include any Obligation registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Obligation which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Obligation. SECTION 7: Initial Obligations. The Obligations herein authorized shall be initially issued as a single fully registered Obligation in the aggregate principal amount of $ with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1 (the Initial Obligations), and the Initial Obligations shall be registered in the name of the Purchasers (defined herein) or the designee thereof. The Initial Obligations shall be the Obligations submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Obligations, the Paying Agent/Registrar, and pursuant to such written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Obligations delivered hereunder and exchange therefor Definitive Obligations of like kind and of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. 57327455.4 6 SECTION 8: FORMS. A. Forms Generally. The Obligations, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Obligations shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Obligations, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the Issuer or determined by the officers executing the Obligations as evidenced by their execution thereof. Any portion of the text of any Obligation may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Obligation. The definitive Obligations shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Obligations as evidenced by their execution thereof, but the Initial Obligation(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 57327455.4 7 B. Form of Definitive Obligation. REGISTERED REGISTERED NO. PRINCIPAL AMOUNT United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS TAX NOTES, SERIES 2014 Dated Date: April 1, 2014 REGISTERED OWNER: Interest Rate: Stated Maturity: CUSIP NO: PRINCIPAL AMOUNT: DOLLARS The City of Corpus Christi, Texas (the Issuer), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above and to pay interest on the unpaid Principal Amount hereof from the Closing Date, or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year commencing September 1, 2014. Principal on this Obligation shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender (provided, however, with respect to principal payments prior to the final Stated Maturity, the Obligations need not be surrendered to the Paying Agent/Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar), at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Obligation (or one or more Predecessor Obligations, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each Interest Payment Date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in 57327455.4 8 the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. This Obligation is one of the series specified in its title issued in the aggregate principal amount of $ (the Obligations) pursuant to an ordinance adopted by the Governing Body of the Issuer (the Ordinance), for the purpose of providing funds for the (1) designing, acquiring, constructing, renovating, and improving Issuer streets (including utility relocation), sidewalks, curbs, and drainage incidental thereto, (2) making real property improvements related to a new energy management and control system on an Issuer -wide basis and the purchase of materials, supplies, equipment, and machinery for authorized needs and purposes relating to the aforementioned capital improvements, and (3) payment of professional services related to the design, construction and financing of the aforementioned projects, all in conformity with the laws of the State of Texas, including Chapters 1371 and 1431, as amended, Texas Government Code, an Ordinance adopted by the Governing Body on March 25, 2014, and the City's Home Rule Charter. As provided in the Ordinance, the Obligations are not subject to redemption prior to Stated Maturity. The Obligations of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the Issuer within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Obligations; the terms and conditions relating to the transfer or exchange of the Obligations; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the Issuer and the Paying Agent/Registrar; the terms and provisions upon which this Obligation may be discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Obligation, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Obligations of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The Issuer and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Obligation as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity, and (iii) on any other date as the owner hereof for all other purposes, and neither the Issuer nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to 57327455.4 9 the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Obligation in order to render the same a legal, valid, and binding obligation of the Issuer have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that issuance of the Obligations does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Obligations by the levy of a tax as aforestated. In case any provision in this Obligation or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Obligation and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. 57327455.4 [The remainder of this page intentionally left blank.] 10 IN WITNESS WHEREOF, the Issuer has caused this Obligation to be duly executed under its official seal. CITY OF CORPUS CHRISTI, TEXAS By Mayor ATTEST: City Secretary (CITY SEAL) 57327455.4 [The remainder of this page intentionally left blank.] 11 C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Obligations Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § THE STATE OF TEXAS § REGISTER NO. I HEREBY CERTIFY that this Obligation has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this (SEAL) Comptroller of Public Accounts of the State of Texas *NOTE TO PRINTER: Not to appear on printed Obligations. D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Obligations Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Obligation has been duly issued under the provisions of the within -mentioned Ordinance; the Obligation or Obligations of the above -entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: 57327455.4 12 as Paying Agent/Registrar By: Authorized Signature E. Form of Assignment. AS SIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Obligation and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Obligation on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Obligation in every particular. Signature guaranteed: F. The Initial Obligations shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single fully registered Initial Obligation shall be modified as follows: (i) immediately under the name of the Obligation(s) the headings "Interest Rate " and "Stated Maturity " shall both be completed "as shown below"; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Corpus Christi, Texas (the Issuer), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: 57327455.4 Years of Principal Interest Stated Maturity Amounts ($) Rates (%) 13 (Information to be inserted from schedule in Section 2 hereof). and to pay interest on the unpaid Principal Amount hereof from the Closing Date (anticipated to be May 1, 2014) or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, to Stated Maturity, while Outstanding, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year (the Interest Payment Date), commencing September 1, 2014. Principal of this Obligation shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, to Stated Maturity, while Outstanding, at the corporate trust office of , , (the Paying Agent/Registrar). Interest shall be payable to the Holder of this Obligation whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each Interest Payment Date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. 57327455.4 [The remainder of this page intentionally left blank.] 14 G. Insurance Legend. If bond insurance is obtained by the Issuer or the Purchasers for the Obligations, the definitive Obligations and the Initial Obligations shall bear an appropriate legend as provided by the insurer. SECTION 9: Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 19 and 36 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor of the City, the City Manager of the Issuer, the Assistant City Manager for General Government and Operations Support, Director of Financial Services, and/or the City Secretary. B. The term Closing Date shall mean the date of physical delivery of the Initial Obligations in exchange for the payment in full by the Purchasers. C. The term Issuer shall mean the City of Corpus Christi, Texas located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the Governing Body of the Issuer. D. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the Issuer as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. E. The term Depository shall mean an official depository bank of the Issuer. F. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated 57327455.4 15 as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Obligations. G. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Obligation. H. The term Interest Payment Date shall mean the date interest is payable on the Obligations, being March 1 and September 1 of each year, commencing September 1, 2014, while any of the Obligations remain Outstanding. I. The term Obligation Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. J. The term Obligations shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS TAX NOTES, SERIES 2014" authorized by this Ordinance. K. The term Ordinance shall mean this ordinance finally adopted by the Governing Body of the Issuer on March 25, 2014. L. The term Outstanding when used in this Ordinance with respect to Obligations shall mean, as of the date of determination, all Obligations issued and delivered under this Ordinance, except: (1) those Obligations canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Obligations for which payment has been duly provided by the Issuer in accordance with the provisions of Section 21 of this Ordinance; and (3) those Obligations that have been mutilated, destroyed, lost, or stolen and replacement Obligations have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term PPFCOs means the "City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014" authorized by a City ordinance finally adopted on March 25, 2014 and issued concurrently with the Obligations. N. The term Purchasers shall mean the initial purchasers of the Obligations named in Section 18 of this Ordinance. O. The term Stated Maturity shall mean the annual principal payments of the Obligations payable on March 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10: Obligation Fund — Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Obligations, there shall be and is hereby created a special Fund to be designated "TAX NOTES, SERIES 57327455.4 16 2014, INTEREST AND SINKING FUND" (the Obligation Fund), which Fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 19. Authorized Officials of the Issuer are hereby authorized and directed to make withdrawals from the Obligation Fund sufficient to pay the principal of, premium, if any, and interest on the Obligations as the same become due and payable, or the purchase price thereof, and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Obligation Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Obligations, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Obligations. Pending the transfer of funds to the Paying Agent/Registrar, money deposited in any fund created and established pursuant to the provisions of this Ordinance may, at the option of the Issuer, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such fund will be available at the proper time or times. All interest and income derived from deposits and investments in any fund established pursuant to the provisions of this Ordinance shall be credited to, and any losses debited to, such Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Obligations. SECTION 11: Tax Levy. To provide for the payment of the Debt Service Requirements on the Obligations being (i) the interest on the Obligations and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Obligations or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the Issuer, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Obligation Fund and are thereafter pledged to the payment of the Obligations. The Governing Body hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority 57327455.4 17 of the Issuer for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the Issuer. SECTION 12: Deposits to Obligation Fund — Surplus Obligation Proceeds. The Issuer hereby covenants and agrees to cause to be deposited in the Obligation Fund prior to a principal and interest payment date for the Obligations, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Obligations as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest, if any, received from the Purchasers of the Obligations shall be deposited to the Obligation Fund. In addition, any surplus proceeds from the sale of the Obligations, including investment income thereon, not expended for authorized purposes, as described in Section 1 hereof, shall be deposited in the Obligation Fund, and such amounts so deposited shall reduce the sum otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Security for Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the Issuer covenants and agrees particularly that in the event the Issuer (a) defaults in the payments to be made to the Obligation Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Obligations shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the Issuer and other officers of the Issuer to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15: Notices to Holders — Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the 57327455.4 18 sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16: Cancellation. All Obligations surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The Issuer may at any time deliver to the Paying Agent/Registrar for cancellation any Obligations previously certified or registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Obligations so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Obligations held by the Paying Agent/Registrar shall be destroyed as directed by the Issuer. SECTION 17: Mutilated, Destroyed, Lost, and Stolen Obligations. If (1) any mutilated Obligation is surrendered to the Paying Agent/Registrar, or the Issuer and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Obligation, and (2) there is delivered to the Issuer and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent/Registrar that such Obligation has been acquired by a bona fide purchaser, the Issuer shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Obligation, a new Obligation of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed, lost, or stolen Obligation has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Obligation, pay such Obligation. Upon the issuance of any new Obligation or payment in lieu thereof, under this Section, the Issuer may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Obligation issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Obligation shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Obligation shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Obligations. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Obligations. 57327455.4 19 SECTION 18: Sale of Obligations at Competitive Sale — Purchase and Investment Letters. The Obligations authorized by this Ordinance are hereby sold by the City to (the Purchasers, having all the rights, benefits, and obligations of a Holder), in accordance with the provisions of a Purchase and Investment Letter (the Purchase Contract), dated , 2014, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The pricing and terms of the sale of the Obligations are hereby found and determined to be the most advantageous reasonably obtainable by the Issuer. The Initial Obligation(s) shall be registered in the name of The Mayor of the Issuer is hereby authorized and directed to execute the Purchase Contract for and on behalf of the Issuer and as the act and deed of this Governing Body, and in regard to the approval and execution of the Purchase Contract, the Governing Body hereby finds, determines and declares that the representations, warranties, and agreements of the Issuer contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the Issuer. Delivery of the Obligations to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Proceeds from the sale of the Obligations shall be applied as follows: (1) Accrued interest, if any, received from the Purchasers shall be deposited into the Obligation Fund. (2) The balance of the proceeds derived from the sale of the Obligations (after paying costs of issuance) shall be deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Obligations. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Obligations pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 12 of this Ordinance. SECTION 19: Covenants to Maintain Tax -Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Closing Date means the date of physical delivery of the Initial Obligations in exchange for the payment in full by the Purchasers. Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148-1(b) of the Regulations. 57327455.4 20 Gross Proceeds means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Obligations. Investment has the meaning set forth in Section 1.148-1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Obligations are invested and which is not acquired to carry out the governmental purposes of the Obligations. Rebate Amount has the meaning set forth in Section 1.148-1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Obligations. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2) the Obligations means the combined yield on the Obligations and the PPFCOs, treating them as a single issue, and as calculated pursuant to Section 1.148-4 of the Regulations. B. Not to Cause Interest to Become Taxable. The Issuer shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Obligations to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the Issuer receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Obligation, the Issuer shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the Issuer shall at all times prior to the last Stated Maturity of Obligations: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Obligations, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any 57327455.4 21 property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Obligations or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the Issuer or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the Issuer shall not use Gross Proceeds of the Obligations to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (i) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (ii) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (iii) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will cause the Obligations to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not at any time prior to the final Stated Maturity of the Obligations directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Obligations. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the Issuer shall not take or omit to take any action which would cause the Obligations to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The Issuer shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The Issuer shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all 57327455.4 22 records of accounting for at least six years after the day on which the last Outstanding Obligation is discharged. However, to the extent permitted by law, the Issuer may commingle Gross Proceeds of the Obligations with other money of the Issuer, provided that the Issuer separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the Issuer shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The Issuer shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Obligations until six years after the final Computation Date. (3) As additional consideration for the purchase of the Obligations by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the Issuer shall pay to the United States out of the Obligation Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Obligations equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The Issuer shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Obligations, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Obligations not been relevant to either party. J. Obligations Not Hedge Bonds. (1) The Issuer reasonably expects to spend at least 85% of the spendable proceeds of the Obligations within three years after such Obligations are issued. 57327455.4 23 (2) Not more than 50% of the proceeds of the Obligations will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Elections. The Issuer hereby directs and authorizes the Authorized Official, or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Obligations. Such elections shall be deemed to be made on the Closing Date. SECTION 20: Control and Custody of Obligations. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Obligations pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Obligations to the Purchasers. Furthermore, any Authorized Official, either or all, are hereby authorized and directed to furnish and execute such documents relating to the Issuer and its financial affairs as may be necessary for the issuance of the Obligations, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the Issuer's financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Obligations to the Purchasers and the initial exchange thereof for definitive Obligations. SECTION 21: Satisfaction of Obligation of Issuer. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Obligations, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the Issuer to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Obligations, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Obligations or the principal amount(s) thereof at Stated Maturity, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and/or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Obligations, or the principal amount(s) thereof, at the Stated Maturity thereof. In the event of a gross defeasance of the Obligations, the Issuer shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and/or Government Securities to pay, when due, the principal and interest due on any defeased Obligations. The Issuer covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the 57327455.4 24 Obligations to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 19 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Obligations, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the Issuer or deposited as directed by the Issuer. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Obligations and remaining unclaimed for a period of three (3) years after the Stated Maturity of the Obligations such money was deposited and is held in trust to pay shall upon the request of the Issuer be remitted to the Issuer against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery of the Obligations is subject to its being furnished a final opinion of Fulbright & Jaworski LLP, San Antonio, Texas, as Bond Counsel, approving certain legal matters as to the Obligations, said opinion to be dated and delivered as of the date of initial delivery and payment for such Obligations. Printing of a true and correct copy of this opinion on the reverse side of each of the Obligations, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the Issuer is hereby approved and authorized. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Obligations. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Obligations shall be of no significance or effect as regards the legality thereof, and neither the Issuer nor attorneys approving said Obligations as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Obligations. SECTION 24: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 25: Ordinance a Contract; Amendments - Outstanding Obligations. The Issuer acknowledges that the covenants and obligations of the Issuer herein contained are a material inducement to the purchase of the Obligations. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the Issuer and its successors and assigns, and shall not be amended or repealed by the Issuer so long as any Obligation remains Outstanding except as permitted in this Section. The Issuer may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the Issuer may, with the written consent of Holders holding a majority in aggregate principal amount of the Obligations then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided, however that, without the consent of all Holders of Outstanding Obligations, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, and interest on the Obligations, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, or interest on the Obligations, (2) give any preference to any Obligation over any other Obligation, or (3) reduce the aggregate 57327455.4 25 principal amount of Obligations required for consent to any such amendment, addition, or rescission. SECTION 26: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the Issuer, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the Issuer, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 27: Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 30: Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 31: Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 32: Authorization of Paying Agent/Registrar Agreement. The Governing Body of the Issuer hereby finds and determines that it is in the best interest of the Issuer to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, registration, and transferability of the Obligations. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 33: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is finally adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. 57327455.4 26 SECTION 34: Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the Issuer or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 35: No Recourse Against Issuer Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Obligation or for any claim based thereon or on this Ordinance against any official of the Issuer or any person executing any Obligation. SECTION 36: Continuing Disclosure Undertaking. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. The Obligations are being sold pursuant to a private placement with the Purchasers, generally in denominations of $100,000 or any integral multiple of $5,000 in excess thereof, to less than thirty-five sophisticated investors, and therefore SEC Rule 15c2-12 is not applicable to the offering of the Obligations. Accordingly, no contract to provide continuing disclosure information after the issuance of the Obligations has been made by the Issuer with investors. SECTION 37: Book -Entry Only System. The Obligations may be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Obligations shall be issued (following cancellation of the Initial Obligations described in Section 7) in the form of a separate single definitive Obligation. Upon issuance, the ownership of each such Obligation shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Obligations shall be registered in the name of Cede & Co., as the nominee of DTC. The Issuer and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit C (the Representation Letter). With respect to the Obligations registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Obligations from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Obligations (an Indirect Participant). Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar 57327455.4 27 shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Obligations, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Obligations, as shown on the Security Register, of any notice with respect to the Obligations, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of an Obligation, of any amount with respect to principal of, premium, if any, or interest on the Obligations. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the Issuer to make payments of principal, premium, if any, or interest on the Obligations pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the Issuer determines that it is in the best interest of the beneficial owners of the Obligations that they be able to obtain certificated Obligations, the Issuer shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Obligations shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the Issuer may determine that the Obligations shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the Issuer, or such depository's agent or designee, and if the Issuer and the Paying Agent/Registrar do not select such alternate securities depository system then the Obligations may be registered in whatever name or names the Holders of Obligations transferring or exchanging the Obligations shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Obligation is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Obligation and all notices with respect to such Obligation shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 38: Further Procedures. The officers and employees of the Issuer are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Obligations, the Paying Agent/Registrar Agreement and the Purchase Contract. In addition, prior to the initial delivery of the Obligations, any Authorized Official, and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a 57327455.4 28 rating from any of the national bond rating agencies, or (iii) obtain the approval of the Obligations by the Texas Attorney General's office. In case any officer of the Issuer whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 39: Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. 57327455.4 [The remainder of this page intentionally left blank.] 29 PASSED AND ADOPTED by the City Council of the City of Corpus Christi, Texas, this the 25th day of March, 2014. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF MARCH, 2014: Barney L. Knight, Interim City Attorney 57327455.4 S-1 THE STATE OF TEXAS COUNTY OF NUECES I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of March, 2014, authorizing the issuance of the City's Tax Notes, Series 2014, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of March, 2014. (CITY SEAL) 57327455.4 City Secretary S-2 57327455.4 INDEX TO SCHEDULE AND EXHIBITS Schedule I Form of Approval Certificate Exhibit A Paying Agent/Registrar Agreement Exhibit B Purchase Contract Exhibit C DTC Letter of Representations Index -1 57327455.4 SCHEDULE I Approval Certificate S-1 57327455.4 EXHIBIT A Paying Agent/Registrar Agreement See Tab No. A-1 57327455.4 EXHIBIT B Obligation Sale Documentation See Tab No. B-1 57327455.4 EXHIBIT C DTC Letter of Representations See Tab No. C-1 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: Rebecca Huerta Nelda Martinez City Secretary Mayor 57327455.4 Table 4.2 - Facility Improvement Measure (FIM) Summary Project Scenario Date City of Corpus Christi Phase 2 Final 11/18/2013 Sheet 1 of 2 90 04.01 Controls Total Animal Care (ANC), CC Fire Station #1 (FS1), CC Fire Station #10 (F510), CC Fire Station #11 (FS11), CC Fire Station #12 (F512), CC Fire Station #13 (F513), CC Fire Station #14 (F514), CC Fire Station #15 (F515), CC Fire Station #16 & Beach Office (F516), CC Fire Station #17 (F517), CC Fire Station #2 (F52), CC Fire Station #3 (F53), CC Fire Station #4 (F54), CC Fire Station #5 (F55), CC Fire Station #6 (F56), CC Fire Station #7 (F57), CC Fire Station #8 (F58), CC Fire Station #9 (F59), Internal Affairs (INT), Harte Public Library (LHA), Northwest Branch Library (LNW), BRAVO Substation (PBR), Police Shooting Range (PSR), Police Training Facility - Corpus Christi (PTF), Ben Garza Gym/Rec Center (RBG), Joe Garza Rec Center (RJG), Lindale Rec Center (RLI), Oak Park Rec Center (ROP), Oso Rec Center (ROS), Solomon Coles Rec Center (RSC), Broadmoor Senior Center (SCB), Ethyl Eyerly Senior Center (SCE), New Garden Senior Center (SCG), Lindale Senior Center (SCL), Northwest Senior Center (SCN), Oveal Williams Senior Center (SCO), Zavala Senior Center (SCZ), Greenwood Senior Center (SGW), Al Kruse Tennis Center (TAK), Flour Bluff Tower (TFB), Five Points Tower (TFP), HEB Tennis Center Expansion (THE), One Shoreline Plaza (TOS), Padre Island Water Tower (TPI), Violet Tower (TVI), Vehicle Impound (VEI), Warehouse (WAR) $287,175 $54,351 ($2.160) 5.5 $0 $287,175 5.5 04.02 Controls Total Neyland (Parkdale) Branch Library (LNY) $72,161 $7,347 $0 9.8 $0 $72,161 9.8 04.03 Retro -Commissioning Total Frost Bank Leased Office (FBO), Greenwood Branch Library (LGW), Kaffie South Side Library (LKS) $20,033 $30,121 $0 0.7 $0 $20,033 0.7 05.02 AHU RCx Implementation Total American Bank Center (AME) $1,494,139 $63,359 $0 23.6 $0 $1,494,139 23.6 05.03 CHW Storage Total American Bank Center (AME) $820,591 $59,484 $0 13.8 $0 $820,591 13.8 05.03 CHW Storage (Stipulated) Total American Bank Center (AME) $0 $22,889 $0 0.0 $0 $0 0.0 09.01 Lighting Total American Bank Center (AME), Art Museum Johnson Building (AMJ), Animal Care (ANC), Frost Bank Leased Office (FBO), CC Fire Station #1 (FS1), CC Fire Station #10 (F510), CC Fire Station #11 (FS11), CC Fire Station #12 (F512), CC Fire Station #13 (F513), CC Fire Station #14 (F514), CC Fire Station #15 (F515), CC Fire Station #16 & Beach Office (F516), CC Fire Station #17 (F517), CC Fire Station #2 (F52), CC Fire Station #3 (F53), CC Fire Station #4 (F54), CC Fire Station #5 (F55), CC Fire Station #6 (F56), CC Fire Station #7 (F57), CC Fire Station #8 (F58), CC Fire Station #9 (F59), Gas Department (GD), Internal Affairs (INT), Greenwood Branch Library (LGW), Harte Public Library (LHA), Kaffie South Side Library (LKS), Northwest Branch Library (LNW), Neyland (Parkdale) Branch Library (LNY), Boat Dock B and C (MBD), Marina Boaters Facility (MBF), MLK Property Warehouse (MLK), BRAVO Substation (PBR), Police Shooting Range (PSR), Police Training Facility - Corpus Christi (PTF), Ben Garza Gym/Rec Center (RBG), Joe Garza Rec Center (RJG), Kiwanis Rec Center (RKI), Lindale Rec Center (RLI), Oak Park Rec Center (ROP), Oso Rec Center (ROS), Solomon Coles Rec Center (RSC), TC Ayers Rec Center (RTC), Broadmoor Senior Center (SCB), Ethyl Eyerly Senior Center (SCE), New Garden Senior Center (SCG), Lindale Senior Center (SCL), Northwest Senior Center (SCN), Oveal Williams Senior Center (SCO), Zavala Senior Center (SCZ), Greenwood Senior Center (SGW), Al Kruse Tennis Center (TAK), HEB Tennis Center Expansion (THE), Vehicle Impound (VEI), Warehouse (WAR), Water Utilities (WU) $3,498,246 $236,900 $32,891 13.0 $30,670 $3,467,576 12.9 09.02 Lighting Controls Total American Bank Center (AME) $487,866 $26,140 $0 18.7 $0 $487,866 18.7 13.01 Envelope Total Art Museum Johnson Building (AMJ), Animal Care (ANC), Frost Bank Leased Office (FBO), CC Fire Station #1 (FS1), CC Fire Station #10 (F510), CC Fire Station #11 (FS11), CC Fire Station #12 (F512), CC Fire Station #13 (F513), CC Fire Station #14 (F514), CC Fire Station #15 (F515), CC Fire Station #16 & Beach Office (F516), CC Fire Station #17 (F517), CC Fire Station #2 (F52), CC Fire Station #3 (F53), CC Fire Station #4 (F54), CC Fire Station #5 (F55), CC Fire Station #6 (F56), CC Fire Station #7 (F57), CC Fire Station #8 (F58), CC Fire Station #9 (F59), Internal Affairs (INT), Greenwood Branch Library (LGW), Kaffie South Side Library (LKS), Marina Boaters Facility (MBF), MLK Property Warehouse (MLK), Parking Control (PAC), BRAVO Substation (PBR), Police Training Facility - Corpus Christi (PTF), Broadmoor Senior Center (SCB), New Garden Senior Center (SCG), Lindale Senior Center (SCL), Northwest Senior Center (SCN), Oveal Williams Senior Center (SCO), Zavala Senior Center (SCZ), Greenwood Senior Center (SGW), Al Kruse Tennis Center (TAK), Warehouse (WAR) $379,360 $36,697 $0 10.3 $0 $379,360 10.3 Sheet 1 of 2 90 Table 4.2 - Facility Improvement Measure (FIM) Summary Project Scenario Date City of Corpus Christi Phase 2 Final 11/18/2013 * The savings shown in this table are less than the calculated savings unless a guarantee multiplier of 1000/0 is shown. ** The guarantee is based on Key Performance Indicators shown in Table 3.2. Refer to Section 3 of the ESP for the method of converting Key Performance Indicators to dollars during the M&V period. *** The guarantee is based on the aggregate savings for all FIMs, not on individual FIM savings. Confidential and Proprietary Sheet 2 of 2 91 18.01 Water Conservation Total Grand Total American Bank Center (AME), Art Museum Johnson Building (AMJ), Animal Care (ANC), Central Library (CEN), City Hall (CIT), Frost Bank Leased Office (FBO), CC Fire Station #1 (FS1), CC Fire Station #10 (FS10), CC Fire Station #11 (FS11), CC Fire Station #12 (FS12), CC Fire Station #13 (FS13), CC Fire Station #14 (FS14), CC Fire Station #15 (FS15), CC Fire Station #16 & Beach Office (FS16), CC Fire Station #17 (FS17), CC Fire Station #2 (FS2), CC Fire Station #3 (FS3), CC Fire Station #4 (FS4), CC Fire Station #5 (FS5), CC Fire Station #6 (FS6), CC Fire Station #7 (FS7), CC Fire Station #8 (FS8), CC Fire Station #9 (FS9), Gas Department (GD), Health Department (HEA), Internal Affairs (INT), Greenwood Branch Library (LGW), Harte Public Library (LHA), Kaffie South Side Library (LKS), Northwest Branch Library (LNW), Neyland (Parkdale) Branch Library (LNY), Marina Boaters Facility (MBF), MLK Property Warehouse (MLK), Municipal Courts and Police (MUN), Museum of Science and History (MUS), Parking Control (PAC), BRAVO Substation (PBR), Police Shooting Range (PSR), Police Training Facility - Corpus Christi (PTF), Joe Garza Rec Center (RJG), Kiwanis Rec Center (RKI), Lindale Rec Center (RLI), Oak Park Rec Center (ROP), Oso Rec Center (ROS), Solomon Coles Rec Center (RSC), Broadmoor Senior Center (SCB), New Garden Senior Center (SCG), Lindale Senior Center (SCL), Northwest Senior Center (SCN), Oveal Williams Senior Center (SCO), Zavala Senior Center (SCZ), Greenwood Senior Center (SGW), Al Kruse Tennis Center (TAK), HEB Tennis Center Expansion (THE), Vehicle Impound (VEI), Water Utilities (WU) $650,022 $7,709,592 $47,165 $584,454 $2,627 $33,358 13.1 12.5 $0 $30,670 $650,022 $7,678,922 13.1 12.4 * The savings shown in this table are less than the calculated savings unless a guarantee multiplier of 1000/0 is shown. ** The guarantee is based on Key Performance Indicators shown in Table 3.2. Refer to Section 3 of the ESP for the method of converting Key Performance Indicators to dollars during the M&V period. *** The guarantee is based on the aggregate savings for all FIMs, not on individual FIM savings. Confidential and Proprietary Sheet 2 of 2 91 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: March 18, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP©cctexas.com (361) 826-3227 Financing for Proposed Bond 2014 Design Work CAPTION: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the "City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000. B. Ordinance authorizing the issuance of "City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of a Payment Agent/Registrar Agreement and a Purchase and Investment Letter; complying with the provisions of the Depository Trust Company's Letter of Representations; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the tax notes; and providing an effective date. PURPOSE: The purpose of this agenda item is to provide funding for the design work of street projects listed under Proposition One of the Council approved street project list for a November 2014 bond election. BACKGROUND AND FINDINGS: Part A: Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction. See attachment for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is usually underwriters. However with the issuance of tax notes, the City will issue a request for bids to local banks in Corpus Christi and other financial institutions for the purchase of the tax notes. Therefore, no underwriters will be needed. Part B: City Council discussions have emphasized the need to have the design of proposed street projects complete before the November 2014 election date to allow for project completion in approximately two years. Authorization for the tax notes will provide the funding mechanism for staff to begin the design process on the projects listed under Proposition One. (See attachment.) Tax notes are being recommended for this financing because they are for a short duration which cannot exceed seven years. Additionally no offering document is needed nor are underwriters. The City will send out bid requests to local banks and other financial institutions; will give them two weeks to respond; and then the institution offering the lowest interest rate will win the bid. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department • Engineering FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - $8,000,000 - $ 8,000,000 BALANCE - $8,000,000 - $ 8,000,000 FUND(S): Street CIP Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Financial Advisor Fee Schedule Ordinance (�. slaw. Jac. 1 NVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS More than And Not More than $ $ 250,000 $7,500 plus $20.00 per $1,000 for all over $150,000 250,000 350,000 $9,500 plus $10.00 per $1,000 for all over $250,000 350,000 500,000 $10,500 plus $8.00 per $1,000 for all over $350,000 500,000 700,000 $11,700 plus $7.00 per $1,000 for all over $500,000 700,000 1,000,000 $13,100 plus $6.00 per $1,000 for all over $700,000 1,000,000 1,500,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 1,500,000 5,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 5,000,000 10,000,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 10,000,000 20,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 20,000,000 No Limit $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25%. EXHIBIT A AGENDA MEMORANDUM First Reading for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: March 18, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP©cctexas.com (361) 826-3227 Financing for Proposed Bond 2014 Design Work CAPTION: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the "City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000. B. Ordinance authorizing the issuance of "City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of a Payment Agent/Registrar Agreement and a Purchase and Investment Letter; complying with the provisions of the Depository Trust Company's Letter of Representations; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the tax notes; and providing an effective date. PURPOSE: The purpose of this agenda item is to provide funding for the design work of street projects listed under Proposition One of the Council approved street project list for a November 2014 bond election. BACKGROUND AND FINDINGS: Part A: Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction. See attachment for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is usually underwriters. However with the issuance of tax notes, the City will issue a request for bids to local banks in Corpus Christi and other financial institutions for the purchase of the tax notes. Therefore, no underwriters will be needed. Part B: City Council discussions have emphasized the need to have the design of proposed street projects complete before the November 2014 election date to allow for project completion in approximately two years. Authorization for the tax notes will provide the funding mechanism for staff to begin the design process on the projects listed under Proposition One. (See attachment.) Tax notes are being recommended for this financing because they are for a short duration which cannot exceed seven years. Additionally no offering document is needed nor are underwriters. The City will send out bid requests to local banks and other financial institutions; will give them two weeks to respond; and then the institution offering the lowest interest rate will win the bid. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department • Engineering FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - $8,000,000 - $ 8,000,000 BALANCE - $8,000,000 - $ 8,000,000 FUND(S): Street CIP Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Financial Advisor Fee Schedule Ordinance DRAFT 3/25/14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS TAX NOTES, SERIES 2014" IN AN AMOUNT NOT TO EXCEED $8,000,000, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE OBLIGATIONS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE PROVISIONS OF THE DEPOSITORY TRUST COMPANY'S LETTER OF REPRESENTATIONS; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE TAX NOTES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to the provisions of Chapter 1431, as amended, Texas Government Code (the Act), the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) is authorized and empowered to issue anticipation notes to pay contractual obligations incurred or to be incurred for the construction of any public works, for the purchase of materials, supplies, equipment, machinery, buildings, lands, and rights-of-way for the Issuer's authorized needs and purposes, and for professional services, including services provided by tax appraisal engineers, engineers, architects, attorneys, auditors, mapmakers, financial advisors, and fiscal agents; and WHEREAS, in accordance with the provisions of the Act, the Governing Body hereby finds and determines that anticipation notes should be issued and sold at this time to finance the costs of paying contractual obligations to be incurred for the (1) designing, acquiring, constructing, renovating, and improving Issuer streets (including utility relocation), sidewalks, curbs, and drainage incidental thereto, (2) making real property improvements related to a new energy management and control system on an Issuer -wide basis and the purchase of materials, supplies, equipment, and machinery for authorized needs and purposes relating to the aforementioned capital improvements, and (3) payment of professional services related to the design, construction and financing of the aforementioned projects; and WHEREAS, the Governing Body hereby finds and determines that the issuance of anticipation notes is in the best interests of the residents of the Issuer, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: Authorization - Designation - Principal Amount - Purpose. General obligation notes of the Issuer shall be and are hereby authorized to be issued in the aggregate principal amount of 57327455.4 1 THOUSAND AND NO/100 DOLLARS ($ ), to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS TAX NOTES, SERIES 2014" (the Obligations), for the purpose of providing funds for the (1) designing, acquiring, constructing, renovating, and improving Issuer streets (including utility relocation), sidewalks, curbs, and drainage incidental thereto, (2) making real property improvements related to a new energy management and control system on an Issuer -wide basis and the purchase of materials, supplies, equipment, and machinery for authorized needs and purposes relating to the aforementioned capital improvements, and (3) payment of professional services related to the design, construction and financing of the aforementioned projects, all in conformity with the laws of the State of Texas, particularly Chapters 1371 and 1431, as amended, Texas Government Code, and an ordinance adopted by the Governing Body on March 25, 2014, and the City's Home Rule Charter. As authorized by Chapter 1371, as amended, Texas Government Code (Chapter 1371), the Mayor of the City, the City Manager of the City, the Assistant City Manager for General Government and Operations Support, and the Director of Financial Services (each of the foregoing, individually, an Authorized Official) are hereby authorized, appointed, and designated as the officers of the Issuer authorized to individually act on behalf of the Issuer in selling and delivering the Obligations authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Obligations, the redemption provisions therefor, and the rate of interest to be borne on the principal amount of each such maturity. Each Authorized Official, acting for and on behalf of the Issuer, is authorized to execute the Approval Certificate attached hereto as Schedule I. The Obligations shall be issued in the principal amount not to exceed $8,000,000; the maximum maturity of the Obligations will be March 1, 2022; and the net effective per annum interest rate shall not exceed a rate greater than 5.00% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. The execution of the Approval Certificate shall evidence the sale date of the Obligations by the Issuer to the Purchasers (defined herein) in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, the Obligations shall not be delivered unless prior to their initial delivery, the Obligations have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates — Dated Date. The Obligations shall be issued as fully registered obligations, without coupons, shall be dated April 1, 2014 (the Dated Date) and shall be issued in denominations of $100,000 or any integral multiple of $5,000 in excess thereof (within a Stated Maturity), shall be lettered "R-" and numbered consecutively from one (1) upward and principal shall become due and payable on March 1 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Closing Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to Stated Maturity, at the per annum rates, while Outstanding (hereinafter defined), in accordance with the following schedule: 57327455.4 2 Years of Principal Interest Stated Maturity Amounts ($) Rates (%) 2015 2016 2017 2018 2019 2020 2021 The Obligations shall bear interest on the unpaid principal amounts from the Closing Date (hereinafter defined), or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity, while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Obligations shall be payable on March 1 and September 1 in each year, commencing September 1, 2014 (the Interest Payment Date), while the Obligations are Outstanding. SECTION 3: Payment of Obligations - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Obligations, due and payable by reason of Stated Maturity or otherwise, shall be payable, without exchange or collection charges to the Holder (as hereinafter defined), appearing on the registration and transfer books maintained by the Paying Agent/Registrar (hereinafter defined), in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Obligations shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Obligations. The selection and appointment of (the Paying Agent/Registrar), to serve as the initial Paying Agent/Registrar for the Obligations is hereby approved and confirmed, and the Issuer agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Obligations, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the Issuer may prescribe. The Issuer covenants to maintain and provide a Paying Agent/Registrar at all times while the Obligations are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The Issuer reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the Issuer agrees to promptly cause a written notice of 57327455.4 3 this substitution to be sent to each Holder of the Obligations by United States mail, first-class postage prepaid, which notice shall also give the address of the corporate office of the successor Paying Agent/Registrar. Principal of, premium, if any, and interest on the Obligations, due and payable by reason of Stated Maturity or otherwise, shall be payable only to the registered owner of the Obligations appearing on the Security Register (the Holder or Holders) maintained on behalf of the Issuer by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Obligations, (ii) on the date of surrender of the Obligations for purposes of receiving payment of principal thereof at the Obligations' Stated Maturity, and (iii) on any date for any other purpose. The Issuer and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of an Obligation for purposes of receiving payment and all other purposes whatsoever, and neither the Issuer nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Obligations shall be payable only upon presentation and surrender of the Obligations to the Paying Agent/Registrar at its corporate trust office (provided, however, with respect to principal payments prior to the final Stated Maturity, the Obligations need not be surrendered to the Paying Agent/Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar). Interest on the Obligations shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Obligations (the Record Date) and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Obligations shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Obligations was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder of an Obligation appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. 57327455.4 4 SECTION 4: Redemption. The Obligations are not subject to redemption prior to Stated Maturity. SECTION 5: Execution - Registration. The Obligations shall be executed on behalf of the Issuer by its Mayor under the seal of the Issuer reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Obligations may be manual or facsimile. Obligations bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the Issuer shall bind the Issuer, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Obligations to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Obligation shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Obligation either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Obligation shall be conclusive evidence, and the only evidence, that such Obligation has been duly certified or registered and delivered. SECTION 6: Registration - Transfer - Exchange of Obligations - Predecessor Obligations. A Security Register relating to the registration, payment, transfer, or exchange of the Obligations shall at all times be kept and maintained by the Issuer at the corporate trust office of the Paying Agent/Registrar, and the Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each Holder of the Obligations, or, if appropriate, the nominee thereof, issued under and pursuant to the provisions of this Ordinance. Any Obligation may, in accordance with its terms and the terms hereof, be transferred or exchanged for Obligations of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Obligation to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Obligation at the corporate trust office of the Paying Agent/Registrar, the Issuer shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Obligations of authorized denominations and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Obligation or Obligations surrendered for transfer. At the option of the Holder, Obligations may be exchanged for other Obligations of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Obligations surrendered for exchange upon surrender of the Obligations to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Obligations are so surrendered for exchange, the Issuer shall execute, and the Paying Agent/Registrar shall register and deliver, the Obligations to the Holder requesting the exchange. 57327455.4 5 All Obligations issued upon any transfer or exchange of Obligations shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the Issuer, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Obligations surrendered upon such transfer or exchange. All transfers or exchanges of Obligations pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Obligations canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Obligations, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Obligation or Obligations registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Obligations shall include any Obligation registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Obligation which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Obligation. SECTION 7: Initial Obligations. The Obligations herein authorized shall be initially issued as a single fully registered Obligation in the aggregate principal amount of $ with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1 (the Initial Obligations), and the Initial Obligations shall be registered in the name of the Purchasers (defined herein) or the designee thereof. The Initial Obligations shall be the Obligations submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Obligations, the Paying Agent/Registrar, and pursuant to such written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Obligations delivered hereunder and exchange therefor Definitive Obligations of like kind and of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. 57327455.4 6 SECTION 8: FORMS. A. Forms Generally. The Obligations, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Obligations shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Obligations, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the Issuer or determined by the officers executing the Obligations as evidenced by their execution thereof. Any portion of the text of any Obligation may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Obligation. The definitive Obligations shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Obligations as evidenced by their execution thereof, but the Initial Obligation(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 57327455.4 7 B. Form of Definitive Obligation. REGISTERED REGISTERED NO. PRINCIPAL AMOUNT United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS TAX NOTES, SERIES 2014 Dated Date: April 1, 2014 REGISTERED OWNER: Interest Rate: Stated Maturity: CUSIP NO: PRINCIPAL AMOUNT: DOLLARS The City of Corpus Christi, Texas (the Issuer), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above and to pay interest on the unpaid Principal Amount hereof from the Closing Date, or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year commencing September 1, 2014. Principal on this Obligation shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender (provided, however, with respect to principal payments prior to the final Stated Maturity, the Obligations need not be surrendered to the Paying Agent/Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar), at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Obligation (or one or more Predecessor Obligations, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each Interest Payment Date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in 57327455.4 8 the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. This Obligation is one of the series specified in its title issued in the aggregate principal amount of $ (the Obligations) pursuant to an ordinance adopted by the Governing Body of the Issuer (the Ordinance), for the purpose of providing funds for the (1) designing, acquiring, constructing, renovating, and improving Issuer streets (including utility relocation), sidewalks, curbs, and drainage incidental thereto, (2) making real property improvements related to a new energy management and control system on an Issuer -wide basis and the purchase of materials, supplies, equipment, and machinery for authorized needs and purposes relating to the aforementioned capital improvements, and (3) payment of professional services related to the design, construction and financing of the aforementioned projects, all in conformity with the laws of the State of Texas, including Chapters 1371 and 1431, as amended, Texas Government Code, an Ordinance adopted by the Governing Body on March 25, 2014, and the City's Home Rule Charter. As provided in the Ordinance, the Obligations are not subject to redemption prior to Stated Maturity. The Obligations of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the Issuer within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Obligations; the terms and conditions relating to the transfer or exchange of the Obligations; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the Issuer and the Paying Agent/Registrar; the terms and provisions upon which this Obligation may be discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Obligation, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Obligations of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The Issuer and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Obligation as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity, and (iii) on any other date as the owner hereof for all other purposes, and neither the Issuer nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to 57327455.4 9 the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Obligation in order to render the same a legal, valid, and binding obligation of the Issuer have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that issuance of the Obligations does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Obligations by the levy of a tax as aforestated. In case any provision in this Obligation or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Obligation and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. 57327455.4 [The remainder of this page intentionally left blank.] 10 IN WITNESS WHEREOF, the Issuer has caused this Obligation to be duly executed under its official seal. CITY OF CORPUS CHRISTI, TEXAS By Mayor ATTEST: City Secretary (CITY SEAL) 57327455.4 [The remainder of this page intentionally left blank.] 11 C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Obligations Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Obligation has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this (SEAL) Comptroller of Public Accounts of the State of Texas *NOTE TO PRINTER: Not to appear on printed Obligations. D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Obligations Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Obligation has been duly issued under the provisions of the within -mentioned Ordinance; the Obligation or Obligations of the above -entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: 57327455.4 12 as Paying Agent/Registrar By: Authorized Signature E. Form of Assignment. AS SIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Obligation and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Obligation on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Obligation in every particular. Signature guaranteed: F. The Initial Obligations shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single fully registered Initial Obligation shall be modified as follows: (i) immediately under the name of the Obligation(s) the headings "Interest Rate " and "Stated Maturity " shall both be completed "as shown below"; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Corpus Christi, Texas (the Issuer), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: 57327455.4 Years of Principal Interest Stated Maturity Amounts ($) Rates (%) 13 (Information to be inserted from schedule in Section 2 hereof). and to pay interest on the unpaid Principal Amount hereof from the Closing Date (anticipated to be May 1, 2014) or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, to Stated Maturity, while Outstanding, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year (the Interest Payment Date), commencing September 1, 2014. Principal of this Obligation shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, to Stated Maturity, while Outstanding, at the corporate trust office of , , (the Paying Agent/Registrar). Interest shall be payable to the Holder of this Obligation whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each Interest Payment Date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. 57327455.4 [The remainder of this page intentionally left blank.] 14 G. Insurance Legend. If bond insurance is obtained by the Issuer or the Purchasers for the Obligations, the definitive Obligations and the Initial Obligations shall bear an appropriate legend as provided by the insurer. SECTION 9: Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 19 and 36 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor of the City, the City Manager of the Issuer, the Assistant City Manager for General Government and Operations Support, Director of Financial Services, and/or the City Secretary. B. The term Closing Date shall mean the date of physical delivery of the Initial Obligations in exchange for the payment in full by the Purchasers. C. The term Issuer shall mean the City of Corpus Christi, Texas located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the Governing Body of the Issuer. D. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the Issuer as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. E. The term Depository shall mean an official depository bank of the Issuer. F. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated 57327455.4 15 as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Obligations. G. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Obligation. H. The term Interest Payment Date shall mean the date interest is payable on the Obligations, being March 1 and September 1 of each year, commencing September 1, 2014, while any of the Obligations remain Outstanding. I. The term Obligation Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. J. The term Obligations shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS TAX NOTES, SERIES 2014" authorized by this Ordinance. K. The term Ordinance shall mean this ordinance finally adopted by the Governing Body of the Issuer on March 25, 2014. L. The term Outstanding when used in this Ordinance with respect to Obligations shall mean, as of the date of determination, all Obligations issued and delivered under this Ordinance, except: (1) those Obligations canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Obligations for which payment has been duly provided by the Issuer in accordance with the provisions of Section 21 of this Ordinance; and (3) those Obligations that have been mutilated, destroyed, lost, or stolen and replacement Obligations have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term PPFCOs means the "City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014" authorized by a City ordinance finally adopted on March 25, 2014 and issued concurrently with the Obligations. N. The term Purchasers shall mean the initial purchasers of the Obligations named in Section 18 of this Ordinance. O. The term Stated Maturity shall mean the annual principal payments of the Obligations payable on March 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10: Obligation Fund — Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Obligations, there shall be and is hereby created a special Fund to be designated "TAX NOTES, SERIES 57327455.4 16 2014, INTEREST AND SINKING FUND" (the Obligation Fund), which Fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 19. Authorized Officials of the Issuer are hereby authorized and directed to make withdrawals from the Obligation Fund sufficient to pay the principal of, premium, if any, and interest on the Obligations as the same become due and payable, or the purchase price thereof, and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Obligation Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Obligations, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Obligations. Pending the transfer of funds to the Paying Agent/Registrar, money deposited in any fund created and established pursuant to the provisions of this Ordinance may, at the option of the Issuer, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such fund will be available at the proper time or times. All interest and income derived from deposits and investments in any fund established pursuant to the provisions of this Ordinance shall be credited to, and any losses debited to, such Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Obligations. SECTION 11: Tax Levy. To provide for the payment of the Debt Service Requirements on the Obligations being (i) the interest on the Obligations and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Obligations or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the Issuer, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Obligation Fund and are thereafter pledged to the payment of the Obligations. The Governing Body hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority 57327455.4 17 of the Issuer for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the Issuer. SECTION 12: Deposits to Obligation Fund — Surplus Obligation Proceeds. The Issuer hereby covenants and agrees to cause to be deposited in the Obligation Fund prior to a principal and interest payment date for the Obligations, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Obligations as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest, if any, received from the Purchasers of the Obligations shall be deposited to the Obligation Fund. In addition, any surplus proceeds from the sale of the Obligations, including investment income thereon, not expended for authorized purposes, as described in Section 1 hereof, shall be deposited in the Obligation Fund, and such amounts so deposited shall reduce the sum otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Security for Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the Issuer covenants and agrees particularly that in the event the Issuer (a) defaults in the payments to be made to the Obligation Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Obligations shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the Issuer and other officers of the Issuer to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15: Notices to Holders — Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the 57327455.4 18 sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16: Cancellation. All Obligations surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The Issuer may at any time deliver to the Paying Agent/Registrar for cancellation any Obligations previously certified or registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Obligations so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Obligations held by the Paying Agent/Registrar shall be destroyed as directed by the Issuer. SECTION 17: Mutilated, Destroyed, Lost, and Stolen Obligations. If (1) any mutilated Obligation is surrendered to the Paying Agent/Registrar, or the Issuer and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Obligation, and (2) there is delivered to the Issuer and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent/Registrar that such Obligation has been acquired by a bona fide purchaser, the Issuer shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Obligation, a new Obligation of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed, lost, or stolen Obligation has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Obligation, pay such Obligation. Upon the issuance of any new Obligation or payment in lieu thereof, under this Section, the Issuer may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Obligation issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Obligation shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Obligation shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Obligations. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Obligations. 57327455.4 19 SECTION 18: Sale of Obligations at Competitive Sale — Purchase and Investment Letters. The Obligations authorized by this Ordinance are hereby sold by the City to (the Purchasers, having all the rights, benefits, and obligations of a Holder), in accordance with the provisions of a Purchase and Investment Letter (the Purchase Contract), dated , 2014, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The pricing and terms of the sale of the Obligations are hereby found and determined to be the most advantageous reasonably obtainable by the Issuer. The Initial Obligation(s) shall be registered in the name of The Mayor of the Issuer is hereby authorized and directed to execute the Purchase Contract for and on behalf of the Issuer and as the act and deed of this Governing Body, and in regard to the approval and execution of the Purchase Contract, the Governing Body hereby finds, determines and declares that the representations, warranties, and agreements of the Issuer contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the Issuer. Delivery of the Obligations to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Proceeds from the sale of the Obligations shall be applied as follows: (1) Accrued interest, if any, received from the Purchasers shall be deposited into the Obligation Fund. (2) The balance of the proceeds derived from the sale of the Obligations (after paying costs of issuance) shall be deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Obligations. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Obligations pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 12 of this Ordinance. SECTION 19: Covenants to Maintain Tax -Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Closing Date means the date of physical delivery of the Initial Obligations in exchange for the payment in full by the Purchasers. Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148-1(b) of the Regulations. 57327455.4 20 Gross Proceeds means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Obligations. Investment has the meaning set forth in Section 1.148-1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Obligations are invested and which is not acquired to carry out the governmental purposes of the Obligations. Rebate Amount has the meaning set forth in Section 1.148-1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Obligations. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2) the Obligations means the combined yield on the Obligations and the PPFCOs, treating them as a single issue, and as calculated pursuant to Section 1.148-4 of the Regulations. B. Not to Cause Interest to Become Taxable. The Issuer shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Obligations to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the Issuer receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Obligation, the Issuer shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the Issuer shall at all times prior to the last Stated Maturity of Obligations: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Obligations, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any 57327455.4 21 property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Obligations or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the Issuer or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the Issuer shall not use Gross Proceeds of the Obligations to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (i) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (ii) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (iii) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will cause the Obligations to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not at any time prior to the final Stated Maturity of the Obligations directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Obligations. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the Issuer shall not take or omit to take any action which would cause the Obligations to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The Issuer shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The Issuer shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all 57327455.4 22 records of accounting for at least six years after the day on which the last Outstanding Obligation is discharged. However, to the extent permitted by law, the Issuer may commingle Gross Proceeds of the Obligations with other money of the Issuer, provided that the Issuer separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the Issuer shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The Issuer shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Obligations until six years after the final Computation Date. (3) As additional consideration for the purchase of the Obligations by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the Issuer shall pay to the United States out of the Obligation Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Obligations equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The Issuer shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Obligations, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Obligations not been relevant to either party. J. Obligations Not Hedge Bonds. (1) The Issuer reasonably expects to spend at least 85% of the spendable proceeds of the Obligations within three years after such Obligations are issued. 57327455.4 23 (2) Not more than 50% of the proceeds of the Obligations will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Elections. The Issuer hereby directs and authorizes the Authorized Official, or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Obligations. Such elections shall be deemed to be made on the Closing Date. SECTION 20: Control and Custody of Obligations. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Obligations pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Obligations to the Purchasers. Furthermore, any Authorized Official, either or all, are hereby authorized and directed to furnish and execute such documents relating to the Issuer and its financial affairs as may be necessary for the issuance of the Obligations, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the Issuer's financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Obligations to the Purchasers and the initial exchange thereof for definitive Obligations. SECTION 21: Satisfaction of Obligation of Issuer. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Obligations, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the Issuer to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Obligations, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Obligations or the principal amount(s) thereof at Stated Maturity, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and/or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Obligations, or the principal amount(s) thereof, at the Stated Maturity thereof. In the event of a gross defeasance of the Obligations, the Issuer shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and/or Government Securities to pay, when due, the principal and interest due on any defeased Obligations. The Issuer covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the 57327455.4 24 Obligations to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 19 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Obligations, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the Issuer or deposited as directed by the Issuer. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Obligations and remaining unclaimed for a period of three (3) years after the Stated Maturity of the Obligations such money was deposited and is held in trust to pay shall upon the request of the Issuer be remitted to the Issuer against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery of the Obligations is subject to its being furnished a final opinion of Fulbright & Jaworski LLP, San Antonio, Texas, as Bond Counsel, approving certain legal matters as to the Obligations, said opinion to be dated and delivered as of the date of initial delivery and payment for such Obligations. Printing of a true and correct copy of this opinion on the reverse side of each of the Obligations, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the Issuer is hereby approved and authorized. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Obligations. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Obligations shall be of no significance or effect as regards the legality thereof, and neither the Issuer nor attorneys approving said Obligations as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Obligations. SECTION 24: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 25: Ordinance a Contract; Amendments - Outstanding Obligations. The Issuer acknowledges that the covenants and obligations of the Issuer herein contained are a material inducement to the purchase of the Obligations. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the Issuer and its successors and assigns, and shall not be amended or repealed by the Issuer so long as any Obligation remains Outstanding except as permitted in this Section. The Issuer may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the Issuer may, with the written consent of Holders holding a majority in aggregate principal amount of the Obligations then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided, however that, without the consent of all Holders of Outstanding Obligations, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, and interest on the Obligations, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, or interest on the Obligations, (2) give any preference to any Obligation over any other Obligation, or (3) reduce the aggregate 57327455.4 25 principal amount of Obligations required for consent to any such amendment, addition, or rescission. SECTION 26: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the Issuer, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the Issuer, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 27: Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 30: Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 31: Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 32: Authorization of Paying Agent/Registrar Agreement. The Governing Body of the Issuer hereby finds and determines that it is in the best interest of the Issuer to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, registration, and transferability of the Obligations. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 33: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is finally adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. 57327455.4 26 SECTION 34: Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the Issuer or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 35: No Recourse Against Issuer Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Obligation or for any claim based thereon or on this Ordinance against any official of the Issuer or any person executing any Obligation. SECTION 36: Continuing Disclosure Undertaking. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. The Obligations are being sold pursuant to a private placement with the Purchasers, generally in denominations of $100,000 or any integral multiple of $5,000 in excess thereof, to less than thirty-five sophisticated investors, and therefore SEC Rule 15c2-12 is not applicable to the offering of the Obligations. Accordingly, no contract to provide continuing disclosure information after the issuance of the Obligations has been made by the Issuer with investors. SECTION 37: Book -Entry Only System. The Obligations may be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Obligations shall be issued (following cancellation of the Initial Obligations described in Section 7) in the form of a separate single definitive Obligation. Upon issuance, the ownership of each such Obligation shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Obligations shall be registered in the name of Cede & Co., as the nominee of DTC. The Issuer and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit C (the Representation Letter). With respect to the Obligations registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Obligations from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Obligations (an Indirect Participant). Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar 57327455.4 27 shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Obligations, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Obligations, as shown on the Security Register, of any notice with respect to the Obligations, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of an Obligation, of any amount with respect to principal of, premium, if any, or interest on the Obligations. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the Issuer to make payments of principal, premium, if any, or interest on the Obligations pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the Issuer determines that it is in the best interest of the beneficial owners of the Obligations that they be able to obtain certificated Obligations, the Issuer shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Obligations shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the Issuer may determine that the Obligations shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the Issuer, or such depository's agent or designee, and if the Issuer and the Paying Agent/Registrar do not select such alternate securities depository system then the Obligations may be registered in whatever name or names the Holders of Obligations transferring or exchanging the Obligations shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Obligation is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Obligation and all notices with respect to such Obligation shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 38: Further Procedures. The officers and employees of the Issuer are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Obligations, the Paying Agent/Registrar Agreement and the Purchase Contract. In addition, prior to the initial delivery of the Obligations, any Authorized Official, and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a 57327455.4 28 rating from any of the national bond rating agencies, or (iii) obtain the approval of the Obligations by the Texas Attorney General's office. In case any officer of the Issuer whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 39: Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. 57327455.4 [The remainder of this page intentionally left blank.] 29 PASSED AND ADOPTED by the City Council of the City of Corpus Christi, Texas, this the 25th day of March, 2014. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF MARCH, 2014: Barney L. Knight, Interim City Attorney 57327455.4 S-1 THE STATE OF TEXAS COUNTY OF NUECES I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of March, 2014, authorizing the issuance of the City's Tax Notes, Series 2014, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of March, 2014. (CITY SEAL) 57327455.4 City Secretary S-2 57327455.4 INDEX TO SCHEDULE AND EXHIBITS Schedule I Form of Approval Certificate Exhibit A Paying Agent/Registrar Agreement Exhibit B Purchase Contract Exhibit C DTC Letter of Representations Index -1 57327455.4 SCHEDULE I Approval Certificate S-1 57327455.4 EXHIBIT A Paying Agent/Registrar Agreement See Tab No. A-1 57327455.4 EXHIBIT B Obligation Sale Documentation See Tab No. B-1 57327455.4 EXHIBIT C DTC Letter of Representations See Tab No. C-1 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 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 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: Rebecca Huerta Nelda Martinez City Secretary Mayor 57327455.4 Bond Issue 2014 REVISED: Staff Recommended Project List PROPOSITION ONE: Street Limits Street Cost Alameda Street Kinney to Lipan $ 1,470,000 Gollihar Road Staples Street to Weber Road 7,570,000 Gollihar Road Weber Road to Carroll Lane 4,080,000 Gollihar Road Carroll Lane to Kostoryz 4,070,000 Morgan Avenue Ocean Drive to Staples Street 3,570,000 Corona Drive Flynn Parkway to Everhart Road 1,860,000 Ayers Street Ocean Drive to Alameda Street 4,330,000 Yorktown Boulevard Lake Travis to Everhart 4,340,000 Staples Street Alameda Street to Morgan Avenue 3,080,000 Southern Minerals Road Up River Road to IH 37 3,080,000 Yorktown Boulevard Everhart Road to Staples Street 6,680,000 Carroll Lane Houston to McArdle Road 2,340,000 Old Robstown Road State Hwy 44 to Leopard 2,670,000 Waldron Road Airdrome to Caribbean 3,600,000 Santa Fe Elizabeth to Hancock 1,160,000 ADA Masterplan Implementation Citywide 1,100,000 TOTAL PROPOSITION ONE: $ 55,000,000 PROPOSITION TWO: Ayers Street Turn Lane SPID to Gollihar Road 2,000,000 Chaparral Street Phase 2 Schatzel to Taylor 4,450,000 TxDOT Participation TBD 1,500,000 Traffic Signal & Lighting Imp. Citywide 5,000,000 Rodd Field Road Expansion Saratoga to Yorktown 9,560,000 Downtown Street Traffic Signal/Area Imp. Downtown Area 3,500,000 Ennis Joslin Extension Holly Road to Williams 3,400,000 TOTAL PROPOSITION TWO: $ 29,410,000 TOTAL PROPOSITION ONE and TWO: $ 84,410,000 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: March 4, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo A. Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Daniel Biles, P. E., Executive Director of Public Works danb@cctexas.com (361) 826-3729 Engineering Construction Contract McArdle Road from Ennis Joslin Road to Whitaker Drive BOND 2012 CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by transferring $651,654.15 from Fund 3549 Project #E12098 McArdle Road from Whitaker Drive to Nile Drive, $65,000 from Fund 4476 Water 2009 CIP Fund Reserves, $360,000 from Fund 4247 Wastewater 2012 CIP Fund Reserves to Project #E12097 McArdle Road from Nile Drive to Ennis Josin; increasing expenditures in the amount of $425,000; authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Corpus Christi, Texas in the amount of $10,653,999.40 for McArdle Road from Ennis Joslin to Whitaker for the base bid; and executing a testing agreement with Rock Engineering and Testing Laboratories, Inc. in the amount of $74,850 for McArdle Road from Ennis Joslin to Whitaker for construction materials testing services. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contract with Reytec Construction Resources, Inc. for the McArdle Road Improvements from Ennis Joslin to Whitaker. BACKGROUND AND FINDINGS: Project consists of two distinct sections, the first is a full reconstruction of McArdle Road from Ennis Joslin Road to Nile Drive (E12097:approximately 4,600 LF) including removal of an existing 2 -lane Hot Mix Asphalt Concrete (HMAC) roadway and all water, wastewater and storm infrastructure and replacement with a new 3 -lane HMAC roadway (plus bike lanes) with curb and gutter and 5' concrete sidewalks, new 12" waterline, new 18" wastewater line and new storm sewer infrastructure; The second section is a full - depth pavement reclamation of McArdle Road from Nile Drive to Whitaker Drive (E12098 : approximately 5,200 LF) including 3" mill, 9.5" cement -stabilized pavement reclamation topped with new 3" Type `D' HMAC restriped for a 3 -lane roadway plus bike lanes and partial replacement of existing water, wastewater and storm sewer infrastructure in accordance with the plans, specifications and contract documents. K:\ENGINEERING\LEGISTAR\3 - MARCH 18\MCARDLE\AGENDA MEMO-MCARDLE ROAD.DOCX On February 19, 2014, the City received proposals from three (3) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Reytec Construction Resources, Inc. Corpus Christi, Texas $10,653,599.40 Bay, LTD Corpus Christi, Texas $11,077,433.50 HAC Corpus Christi, Texas $14,772,463.95 ALTERNATIVES: 1. Authorize execution the construction contract. 2. Do not authorize execution the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's consultant, RVE, Inc., conducted a bid analysis of the three (3) proposals submitted to the City. RVE, Inc. determined that the lowest bidder based on the Total Base Bid is Reytec Construction Resources, Inc. of Corpus Christi, Texas. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Reytec Construction Resources, Inc. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria and FY 2014-2015 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department Utilities Department FINANCIAL IMPACT. Fiscal Year 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,315,900.00 5,709,000.00 $5,131,000.00 13,155,900.00 This Ordinance Item (Utilities) 0 425,000.00 425,000.00 Revised Budget $2,315,900.00 6,134,000.00 $5,131,000.00 $13,580,900.00 Encumbered / Expended Amount 1,194,538.52 1,194,538.52 This item (Reytec) 6,314,506.30 4,339,493.10 10,653,999.40 This item (Rock) 74,850.00 74,850.00 Future Anticipated Expenditures This Project 866,005.18 487,508.00 1,353,513.18 BALANCE 1,121,361.48 $0.00 303,998.90 303,998.90 Fund(s): ST 08, 09 K:\ENGINEERING\LEGISTAR\3 - MARCH 18\MCARDLE\AGENDA MEMO-MCARDLE ROAD.DOCX Comments: The attached ordinance is necessary to provide required utility funding prior to the sale of FY 2015 utility revenue bonds and is due to project timing. This amount will be deducted from future Capital Improvement Program utility funding requests. The transfer of street funds is due to a shortage of Bond 2012 street proceeds for the McArdle Road from Nile to Ennis Joslin Street project. Construction costs have substantially increased since the initial street estimation for this project prior to November 2012. Factors including limited response, contractor availability, local construction backlog and increased cost of labor all contribute to this higher pricing. RECOMMENDATION: City staff recommends that the construction contract be awarded to Reytec Construction Resources, Inc. of Corpus Christi, and Texas in the amount of $10,653,599.40 for the McArdle Road Improvements from Ennis Joslin to Whitaker Drive. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\3 - MARCH 18\MCARDLE\AGENDA MEMO-MCARDLE ROAD.DOCX Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by transferring $651,654.15 from Fund 3549 Project #E12098 McArdle Road from Whitaker Drive to Nile Drive, $65,000 from Fund 4476 Water 2009 CIP Fund Reserves, $360,000 from Fund 4247 Wastewater 2012 CIP Fund Reserves to Project #E12097 McArdle Road from Nile Drive to Ennis Josin; increasing expenditures in the amount of $425,000; authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Corpus Christi, Texas in the amount of $10,653,999.40 for McArdle Road from Ennis Joslin to Whitaker for the base bid; and executing a testing agreement with Rock Engineering and Testing Laboratories, Inc. in the amount of $74,850 for McArdle Road from Ennis Joslin to Whitaker for construction materials testing services. (Bond 2012) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to transfer $651,654.15 from Project #E12098 McArdle Road from Whitaker Drive to Nile Road located in Fund 3549 to the McArdle Road project from Nile Drive to Ennis Joslin. (Bond 2012) SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $65,000 in Water 2009 CIP Fund 4476 Reserves and $360,000 in Wastewater 2012 CIP Fund 4247 reserves to the McArdle Road project from Nile Drive to Ennis Joslin. (Bond 2012) SECTION 3. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $425,000 and increase McArdle Road from Nile Drive to Ennis Joslin project budget by $1,076,654.15. (Bond 2012) SECTION 4. The City Manager or designee is authorized to execute a construction contract for the McArdle Road from Ennis Joslin to Whitaker projects (Bond 2012) for the Base Bid in the amount of $10,653,999.40 with Reytec Construction Resources, Inc. of Corpus Christi, Texas. SECTION 5. The City Manager or designee is authorized to execute a construction materials testing agreement for the McArdle Road from Ennis Joslin to Whitaker projects (Bond 2012) for the testing of construction materials. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 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 th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Business Development Manager, which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: McArdle Road Improvements BOND 2012 (Project No. E12097 & E12098) ("PROJECT"). 2. SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as "Exhibit C". 3. FEE: The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $74,850.00 (Seventy Four Thousand Eight Hundred Fifty Dollars and Zero Cents). Monthly invoice will be submitted in accordance with Exhibit "D". 4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LABORATORY 3—�' ly Gustavo Gonzalez, P.E. (Date) Curtis A. Rock (Date) Assistant City Manager Business Development Manager of Public Works and Utilities 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office RECOMMENDED (361) 883-4711 Fax Daniel Biles, P.E. (Date) Executive Director of Public Works K:\ENGINEERING DATAEXCHANGBANGIEMISTREET\E12097 E12098 MCARDLE ROAD BOND 20121TESTING ROCK.DOC APPROVED Office of Management (Date) and Budget ENTERED ar, MAR 4 2014 CONTRACT MANAGERS McArdle Road from Nile Drive to Ennis Joslin Road (Project No. E12097) BOND 2012 Department Fund No. Amount Street CIP Bond 2012 550920-3549-00000-E12097 $52,395.00 McArdle Road from Whitaker Drive to Nile Drive (Project No. E12098) BOND 2012 Street CIP Bond 2012 550920-3549-00000-E12098 $22,455.00 APPROVED AS TO FORM Legal Department (Date) ATTEST Armando Chapa, City Secretary (Date) K \ ENGINEERING OATAEXCHANGBANGIEM1STREIETIE12097 E12098 N1CARDLE ROAD 8OND 20121TESTINGROCK DOC February 26, 2014 City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78401 Attention: Mr, Dan Biles, P.E, — Director of Engineering • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ENGINEERING & TESTING • SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED McArdle Road Improvements City Project No.: E12097 & E12098 Corpus Christi, Texas RETL Proposal Number: P022614A Dear Mr, Biles, Rock Engineering and Testing Laboratory, inc. (RETL) (TBPE Firrn No. 2101) is pleased to be selected to perform the required Construction Materials Testing for the above referenced project. The Estimated Construction Materials Testing Budget for this project is $74,850.00. We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that weekend Technician time will be invoiced portal to portal at an additional rate of $31.00 per hour. RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 15 if you have any questions regarding the proposal or wouid like to discuss further, Sincerely, Sandra Kirk Project Estimator ROCK ENGINEERING & TESTING LABORATORY, INC, 6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS, 78409 OFFICE (361) 883-4555 • FAX (361) 883-4711 • www.rocktestmg coml EXHIBIT "A" Page 1 of 2 Date: February 26, 2014 Project McArdle Road Improvements Proposal No: P022614A Client: City of Corpus Christi SOILS TESTING Standard Proctor In -Place Densities Test Quantity Test Unit Unit Fee Fee 11 EA. $215.00 $2,365.00 503 EA. $44.00 $22,132.00 LIME/CEMENT SAMPLING Hydrate Lime Standard Proctor 1 EA. $215.00 $215.00 Field Gradation 1 EA. $77.00 $77.00 Commercial Lime Slurry Standard Proctor 4 EA. $215.00 $860.00 Field Gradation 4 EA. $77.00 $308.00 Carbide Lime Slurry Standard Proctor 7 EA. $215.00 $1,505.00 Field Gradation 7 EA. $77.00 $539.00 Quick Lime Standard Proctor 1 EA. $215.00 $215.00 Field Gradation 1 EA. $77.00 $77.00 High Early Cement Standard Proctor 1 EA. $215.00 $215.00 Cement Series - 6 Point 1 EA. $215.00 $215.00 LIMESTONE BASE Modified Proctor 1 EA. $253.00 $253.00 Sieve Analysis 1 EA. $94.00 $94.00 Atterberg Limits 1 EA. $94.00 $94.00 Wet Ball Mill 1 EA. $321.00 $321.00 Triaxial Test - CBR 1 EA. $743.00 $743.00 TYPE HOT -MIX ASPHALT CONCRETE (HMAC) Asphalt Full- Series 14 EA. Asphalt Cored In -Place Density 59 EA. Asphalt Binder (Certificate provided by Manufacture) TYPE 'B. HOT -MIX ASPHALT CONCRETE (HMAC) Asphalt Full- Series Asphalt Cored In -Place Density Asphalt Binder (Certificate provided by Manufacture) CONCRETE TESTING Concrete Cylinders, Compression Testing (Set of 4) CYLINDER PICK-UP FEES Number of Trips MATERIAL SAMPLING FEES Number of Trips VEHICLE CHARGE PER TRIP Location: Corpus Christi, Texas ADMINISTRATION FEE (1 Time Fee Per Project) 6 28 EA. EA. $616.00 $99.00 $616.00 $99.00 $8,624.00 $5,841.00 $3,696.00 $2,772.00 45 EA. $176.00 $7,920.00 45 EA. $43.00 $1,935.00 47 EA. $57.00 $2,679.00 246 EA. $45.00 $11,070.00 1 EA. $85.00 $85.00 GRAND TOTAL $74,850.00 " This is only an estimate. Please make a note tht the actual fees Invoiced fro this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician Is required to be on-site but not performing testing activities. 1 of 1 EXHIBIT "A" Page 2 of 2 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, non -renewal or material change required on all certificates Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included 1. Owned vehicles 2.. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change .in coverage, and not Tess than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2 of 3 H. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the "CITY ENGINEER." 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data conceming such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: EXHIBIT "C" Page 1 of 3 (a) Stop work at the appropriate times for "LAB" to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on-site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY". "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site. EXHIBIT "C" Page 2 of 3 ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. EXHIBIT "C" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 O n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% SUPPLIER NUMBER -I— TO 111 ASSGNED reCTY PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business wnth the City to provide the following information. Every question MUM be answerett lf the question is not applicable, answer with "NA'. See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Rock Engineering & Testing Laboratory, Inc. P. O. BOX: STREET ADDRESS: 6817 Leopard Street CITY: Corpus Christi ZIP: 78409 FIRM IS: 1. Corporation XPartnership 4. Association ED 3: Other 3. Sole Owner DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. L'State the names of each -employee" of the City of Corpus Christi having an -ownership interest" constituting 3% or more of the ownership in the above named "firm." Job Title and City Department (if known) 2. State the names °leach -official- of the City of Corpus Christi having an ownership"interest" constituting 3% or more of the ownership in the above named "firm.' Nai e 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. Njtme . Board, Commission or Coimittee r It IS Rock( rloo-Nn n Co yyr S1.016, 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 Ni a FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the Cityofficial, employee or body that has been requested to act in the matter, unless t to interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing bled with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION f certify that all information provided is true and correct as of the date of this statement, that have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur, Certifying Person: Curtis A. Rock Si !,'type ur r'i nt) f Certifying Ja). EFINITIONS Title: Business Development Manager Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit''. An action that is likely to affect an economic iutterest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Cort las Christi, Texas either on a full or part-time basis, but not as an independent contractor.. d. -Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to,entities operated in the fonn 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, ttteurrbcrs of the City Council, City Manager,Deputy City Manager, Assistant City Managers. Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm such as engineers and a Corpus Christi for the purpose of professional consultatiort ant ecom hired by the City of endat ion. PROJECT BUDGET ESTIMATE McArdle Road Improvements Nile Drive to Ennis Joslin Whitaker Drive to Nile Drive Project No(s): E12097 & E12098 Bond 2012 McArdle Phase 1 - Nile Drive to Ennis Joslin Street - Bond 2012 $ 3,100,000.00 Stree - Bond 2012 availabe project balance from McArdle Phase 1 651,654.15 Water CIP 302,000.00 Water Ordinance 65,000.00 Future Water 985,000.00 Wastewater CIP 256,000.00 WW Ordinance 360,000.00 Future WW 1,465,000.00 Storm Water CIP 1,186,000.00 future SW 818,000.00 Gas CIP 28,000.00 future Gas 26,000.00 Total Funds Available McArdle Phase 1 - Nile to Ennis Joslin $ 9,242,654.15 FUNDS REQUIRED: Construction (Reytec Resources) 7,484,656.90 Street $ 3,054,155.90 Storm Water 1,608,264.00 Water 1,094,386.00 Wastewater 1,688,011.00 Gas 39,840.00 Contingency (5%) 374,232.85 Design Fees: Engineer (RVE Engineering) 488,437.20 Geotechnical Study and Testing (Kleinfelder) 7,905.00 Construction Materials Testing (Rock) 52,395.00 Construction Inspection Services (Estimate) 226,800.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 138,639.81 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs) 277,279.62 Miscellaneous (Printing/Advertising, Etc) 10,000.00 TOTAL 9,060,346.38 ESTIMATED PROJECT BUDGET BALANCE 182,307.77 PROJECT BUDGET ESTIMATE McArdle Road Improvements Nile Drive to Ennis Joslin Whitaker Drive to Nile Drive Project No(s): E12097 & E12098 Bond 2012 McArdle Phase 2 - Whitaker Drive to Nile Drive Street - Bond 2012 $ 2,900,000.00 Street Ordinance (651,654.15) Water CIP 283,000.00 Wastewater CIP 576,900.00 Storm Water CIP 1,110,000.00 Gas CIP 46,000.00 Total Funds Available McArdle Phase 2 - Whitaker Drive to Nile $ 4,264,245.85 FUNDS REQUIRED: Construction (Reytec Resources) 3,169,342.50 Street $ 1,891,902.50 Storm Water 676,519.00 Water 132,682.00 Wastewater 445,769.00 Gas 22,470.00 Contingency (5%) 158,467.13 Design Fees: Engineer (RVE Engineering) 469,282.80 Geotechnical Study and Testing (Kleinfelder) 7,595.00 Construction Materials Testing (Rock) 22,455.00 Construction Inspection Services (Estimate) 97,200.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 74,624.30 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs) 138,587.99 Miscellaneous (Printing/Advertising, Etc) 5,000.00 TOTAL 4,142,554.72 ESTIMATED PROJECT BUDGET BALANCE $ 121,691.13 r�. �Illl l u' iiiiiii "ilijllii""IPIIIC pp01llIIIIIIII IIIIIIIIIIIIIIII PppI"IIIIIIIIIII"r, dllllllllll Illllllluuuu'llllllllllllll 'f���'i'IIIIIIIIIIIIIiU loom iW111111 ++ nuuuuuuuuuuuw tllllllllll I IIIIIIIIIIIIIIIIIIIIIIiiiiiiiiiiillll tf�I IWlliil uuufiiil,'�III 11000,, 10, ohs 6 Ib° 14 f ,0 PROJECT #E12097 & E12098 LOCATION MAP NOT TO SCALE McARDLE ROAD FROM NILE DRIVE TO ENNIS JOSLIN ROAD #E12097 & WHITAKER DRIVE TO NILE DRIVE #E12098 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF ENGINEERING SERVICES PAGE 1OF1 = = Corpus Ch r°st Capital Programs McArdle Road Improvements Ennis Joslin to Whitaker BOND 2012 Council Presentation March 18, 2014 PROJECT SCOPE PROJECT LOCATION MGARDLE ROAD FROM NILE DRIVE TO ENNIS JO SUN ROAD #*12097 & WHITAKER DRIVE TO NILE DRIVE #E12098 Corpus Chr sti Engineering Project includes: • Full reconstruction of McArdle Road from Ennis Joslin to Nile Drive • Full depth pavement reclamation of McArdle Road from Nile Drive to Whitaker Drive. 2 PROJECT SCHEDULE Corpus Christi Engineering Project Estimate: 780 Calendar Days 26 Months Projected Schedule reflects City Council award in March 2014 with anticipated construction completion in September 2015. 3 PROJECT BUDGET (Both Phases) Corpus Christi Engineering Street - Bond 2012 $ 6,000,000.00 Water C IP 1,635,000.00 Wastewater CIP... 2,657,900.00 Storm Water CIP... 3,114,000.00 Gas CIP 100,000.00 Total Funds Available McArdle Phase 1 & 2 FUNDS REQUIRED: Construction (Reytec Resources) $ 13,506,900.00 10,653,999.40 Street $4,946,058.40 Storm Water 2,284,783.00 Water 1,227,068.00 Wastewater 2,133,780.00 Gas 62,310.00 Contingency (5%) 532,699.97 Design Fees: Engineer (RVE Engineering) 957,720.00 Geotechnical Study and Testing (Kleinfelder) 15,500.00 Construction Materials Testing (Rock) 74,850.00 Construction Inspection Services (Estimate) 324,000.00 Reimbursements: 644,131.73 TOTAL 13,202,901.10 ESTIMATED PROJECT BUDGET BALANCE 303,998.90 4 PROJECT BUDGET (Phase 1) Corpus Christi Engineering Street - Bond 2012................................................................. $ 3,100,000.00 Stree - Bond 2012 availabe project balance from McArdle Phase 1 651,654.15 Water CIP............................................................................. 302,000.00 Water Ordinance..................................................................... 65,000.00 FutureWater.............................................................................................. 985,000.00 Wastewater CIP..................................................................... 256,000.00 WW Ordinance...................................................................... 360,000.00 Future WW............................................................................ 1,465,000.00 Storm Water C IP..................................................................... 1 ,186, 000.00 future SW ............................................................................. 818, 000.00 GasC IP..................................................................................................... 28, 000.00 futureGas........................................................................... 26,000.00 Total Funds Available McArdle Phase 1 - Nile to Ennis Joslin $ 9,242,654.15 FUNDS REQUIRED: Construction (Reytec Resources) ............................... 7,484,656.90 Street. $3,054,155.90 1,608,264.00 ................. 1,094,386.00 Wastewater. 1,688,011.00 Gas .................................... 39,840.00 Contingency (5%). 374,232.85 Design Fees: Engineer (RVE Engineering).... 488,437.20 Geotechnical Study and Testing (Kleinfelder) ............... 7,905.00 Construction Materials Testing (Rock) ........................ 52,395.00 Construction Inspection Services (Estimate).................. 226,800.00 Reimbursements: 425,919.44 TOTAL 9,060,346.38 ESTIMATED PROJECT BUDGET BALANCE 182,307.77 5 PROJECT BUDGET (Phase 2) Corpus Christi Engineering Street Ordinance WaterCIP.................................................................................................. WastewaterC IP....................................................................... . Storm Water C IP $ 2,900,000.00 (651,654.15) 283,000.00 576,900.00 1,110, 000.00 46.000.00 Total Funds Available McArdle Phase 2 - Whitaker Drive to Nile $ 4,264,245.85 FUNDS REQUIRED: Construction (Reytec Resources) 3,169,342.50 Street. $1,891,902.50 Storm Water...................................................................... 676,519.00 Water............................................................................... 132,682.00 Wastewater. 445,769.00 Gas........................................................................... 22, 470.00 Contingency(5%).......................................................................................... 158,467.13 Design Fees: Engineer (RVE Engineering) 469,282.80 Geotechnical Study and Testing (Kleinfelder) 7,595.00 Construction Materials Testing (Rock) 22,455.00 Construction Inspection Services (Estimate)....................................................... 97,200.00 Reimbursements: 218,212.29 TOTAL 4.142.554.72 ESTIMATED PROJECT BUDGET BALANCE $ 121,691.13 6 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 18, 2014 Action Item for the City Council Meeting of March 25, 2014 DATE: TO: Ronald L. Olson, City Manager February 28, 2014 THRU: Gustavo Gonzalez, P.E., Assistant City Manager for Public Works and Utilities GustavoGo@cctexas.com (361) 826-1874 FROM: Daniel Biles, P.E., Executive Director, Public Works DanB@cctexas.com (361) 826-3729 Change Order Authorization Mary Rhodes Pipeline Phase 2 Pipeline Sections A, B, and C and Pump Stations/Sedimentation Basin CAPTION: Motion authorizing the City Manager or designee to execute non routine change orders of up to 5% of the contract value, of (1) the construction contract with Garney Companies, Inc. for the Mary Rhodes Pipeline Phase 2: Pipeline Sections A, B, and C for $84,121,405, or (2) the construction contract with Oscar Renda Contracting for the Mary Rhodes Pipeline Phase 2: Pump Stations/Sedimentation Basin for $29,167,288, if changes in plans or specifications are necessary after the performance of the contract has begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or supplies to be furnished, for reasons creating an urgent need for the change, including but not limited to differing site conditions, provided that (I) funding is available for that purpose; (II) the original contract price is not increased by cumulative change orders by more than 5 percent (5%) of the original contract price; (III) a report is provided to City Council as soon as possible afterward; and (IV) the Executive Director of Public Works has conducted a full review of the facts and determines, in writing, that: (a) the change is required and/or unavoidable, and (b) time is of the essence to the extent that immediate action must be taken in order (i) to avoid substantial delay damages from being incurred; or (ii) to prevent significant harm from occurring to the City's property or the City's Mary Rhodes Pipeline Phase 2 Project. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute non routine change orders of up to 5% of the contract value for Mary Rhodes Pipeline Phase 2. BACKGROUND AND FINDINGS: During the construction of Phase 1 of the Mary Rhodes Pipeline (MRP), the Port of Corpus Christi and the City agreed to change order authority of up to 5% of the contract value. The motion before Council would provide for that same authority for the two contracts awarded and authorized by Council last February 25, 2014 for MRP Phase 2. Specifically, on February 25, 2014, Council awarded and authorized execution of (1) a construction contract with Garney Companies, Inc. in the amount of $84,121,405, for MRP Phase 2: Pipeline Sections A, B, and C, for the base bid and the fiber optic additive alternate for all pipeline sections; and (2) a construction contract with Oscar Renda Contracting in the amount of $29,167,288, for the MRP Phase 2: Pump Stations/Sedimentation Basin, for the base bid. This authority requires that (I) funding is available for that purpose; (II) the original contract price is not increased by cumulative change orders by more than 5 percent (5%) of the original contract price; (III) and that a report is provided to City Council as soon as possible afterward. The authority requires the Executive Director of Public Works to review the facts and provide the City Manager with an executive summary of certain findings of fact. The Executive Director must find that the change is required and/or unavoidable, and that time is of the essence to the extent that immediate action must be taken in order to avoid substantial delay damages from being incurred; or to prevent significant harm from occurring to either the City's property or the MRP Phase 2 Project. This authority requires that, for the changes in plans or specifications, or the reasons for any necessary decreases or increases in the quantity of work or materials, equipment or supplies, the reasons for these changes must be reasons that create a need for the City to take immediate action. These reasons would include, but are not limited to, differing site conditions. The following factors should be considered: • project covers approximately 40 miles of ground. • to conduct testing every 20 feet for 40 miles is neither practical nor cost efficient • these contracts are competitively bid unit price contracts The City did not ask for a firm fixed price that would encompass any and all changes such as differing site conditions. If the City had procured bids on a contract that placed all of the risk on the contractor for any necessary changes, including any differing site conditions, the City would have received substantially higher and fewer, competitive bids. ALTERNATIVES: 1. Authorize the execution of non routine change orders of up to 5% of the contract value. 2. Do not authorize the execution of non routine change orders of up to 5% of the contract value. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City's fiscal policies and complies with Chapter 252, Texas Local Government Code and the Charter. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utility Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital ® 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 Future Anticipated Expenditures This Project BALANCE RECOMMENDATION: City staff recommends approval of the motion as proposed. LIST OF SUPPORTING DOCUMENT: Location Map K: ENGINEERING DATAEXCHANGEUORGEC2UORGECIEXHIISITS\EXHE100081EXHE k 0008 ;1ilillllllll1.) rililp111111iiuo- ' IumlllVlll°A,II� 111111111,, +,f'mmiro',Illu, 1111111111 ))/111.11)111111.f..))))111111111;11111111.1. LOCATION MAP NOT TO SCALE PROJECT #E10008 MARY RHODES PIPELINE PHASE 2 CITY COUNCIL EXHIBIT CITY QF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 NON =Mr IMO AGENDA MEMORANDUM Future Item for the City Council Meeting of March 18, 2014 Action Item for the City Council Meeting of March 25, 2014 DATE: March 7, 2014 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution Opposing Wind Farm Development in the City's Extra -Territorial Jurisdiction CAPTION: Resolution opposing construction of wind turbines (wind farms) at Chapman Ranch and in other areas within the City's extra -territorial jurisdiction and discouraging wind farm developers from locating in the City's extra -territorial jurisdiction. PURPOSE: New wind farms have recently been proposed in Nueces County, including one near Chapman Ranch in the City of Corpus Christi's extra -territorial jurisdiction. The Chapman Ranch Wind project is a 200 megawatt wind energy facility with about 150 wind turbines proposed by Apex Clean Energy. Currently, no municipalities, counties, state agencies, or federal agencies have statutory authority to regulate the citing, sizing, or density of wind farm developments. The City Council is being asked to adopt a resolution opposing future development of wind turbine developments in the City's extra -territorial jurisdiction, which might stifle residential and commercial growth in the extra -territorial jurisdiction. BACKGROUND AND FINDINGS: South Texas and the Coastal Bend have been targeted as prime areas to develop wind farms because of the steady wind conditions and large areas of undeveloped acreage. Neighboring San Patricio County is home to Papalote Creek Wind Farm near which has an array of 196 wind turbines. The wind farm is operated by E.On Climate and Renewables. E.On plans to build Patriot Wind Farms in Kleberg County near Kingsville. New wind farms have recently been proposed in Nueces County, including one near Chapman Ranch in the City of Corpus Christi's extra -territorial jurisdiction. The Chapman Ranch Wind project is a 200 megawatt wind energy facility with about 150 wind turbines proposed by Apex Clean Energy. Currently, no municipalities, counties, state agencies, or federal agencies have any statutory authority to regulate the citing, sizing, or density of wind farm developments. Wind farm developers. At the same time, wind farm projects are heavily subsidized through production tax credits, accelerated depreciation schedules, and other taxpayer -funded incentives. There have been and there may be other companies in the future who are attempting to enter into lease agreements with landowners in Nueces County and the Coastal Bend for the purpose of erecting wind turbines (wind farms). Outside of its city limits within its extra- territorial jurisdiction, cities have no authority to do land use planning, zoning, or other regulatory controls to effectively manage wind farm development. The Corpus Christi Board of Realtors and the Corpus Christi Builders Association have adopted resolution opposing wind farm development in the City's extra -territorial jurisdiction because of concerns with noise, land devaluation, negative impacts to the tax base, scenic blight, and environmental concerns. ALTERNATIVES: The City Council has several options: 1. Adopt the resolution without changes. 2. Amend the resolution with additional guidance or instruction. 3. Take no action. 4. Work with surrounding cities, counties and school districts to voice opposition to proposed wind farm developments. 5. Work with the Texas Municipal League, the Conference of Urban Counties, the Texas Association of Counties, the Texas Association of School Board, and other interested stakeholders to encourage the 84th Texas Legislature to extend some reasonable level of regulation or land use planning authority to protect the health, safety, and welfare of homeowners and the local government. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: EMERGENCY / NON -EMERGENCY: This is a non -emergency item. DEPARTMENTAL CLEARANCES: Assistant City Manager for Business Support Services, Development Services Department, Public Works, City Attorney FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Year FY 14 TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: City staff recommends adoption of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution — Opposing Wind Farm Development Map — Construction Growth Trends RE SOLUTION OPPOSING THE CHAPMAN RANCH WIND FARM DEVELOPMENT IN THE CITY'S EXTRATERRITORIAL JURISDICTION WHEREAS, the Governor's Renewable Energy Report stated that "While renewable energy has grown rapidly in Texas, the industry is still young with much room for further growth"; and WHEREAS, new wind farms have recently been proposed in the City of Corpus Christi's extraterritorial jurisdiction; and WHEREAS, there have been and there may be other companies in the future attempting to enter into lease agreements with landowners in the City of Corpus Christi's extraterritorial jurisdiction for the purpose of erecting wind turbines (wind farms); and WHEREAS, no federal or state laws specifically protect the property rights of landowners adjacent to wind farms; and WHEREAS, the developments in the Eagle Ford Shale area and significant international investment by industrial, chemical and manufacturing industries in the Coastal Bend contributed to tightening housing market conditions; and WHEREAS, the primary growth trend for future single family homes, multi -family housing and commercial, retail and office development is on the south side of town, including the City of Corpus Christi's extraterritorial jurisdiction; and WHEREAS, the City of Corpus Christi recently entered into a two-year agreement with Goody Clancy & Associates Inc., for Strategic Planning Services to develop a Strategic Comprehensive Plan for the entire City to integrate the growth of the City with a strategic outlook of the components of the plan to include a Vision and Principals Statement, a market and economic analysis of the City, transportation and utility analysis and a fiscal analysis to project 20 years into the future and provide the data needed for strategically managing the growth of the City; and WHEREAS, the Corpus Christi Association of Realtors and the Builders Association of the Corpus Christi Area have adopted resolutions opposing development of wind turbines (wind farms) because of concerns the wind turbines (wind farms) within the City of Corpus Christi's extraterritorial jurisdiction could hinder future residential and commercial development and expansion of the local tax base; and WHEREAS, the City of Corpus Christi completed a Joint Land Use Study (JLUS) in 2012 to promote compatible land use development in the areas surrounding the four airfields that Naval Air Station Corpus Christi uses for military pilot training missions, and to develop strategies to mitigate future development of wind farms and other incompatible land uses; and WHEREAS, the City of Corpus Christi is rightly concerned with electromagnetic interference with navigational radar at Corpus Christi International Airport directly attributable to wind turbines (wind farms) in Nueces and San Patricio County; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: The location and construction of wind turbines (wind farms) within the City of Corpus Christi's extraterritorial jurisdiction be opposed until the Strategic Planning Service work, including the Extraterritorial Jurisdiction and Annexation Plan, a Future Land Use Plan accompanied by zoning and urban design recommendations by Goody Clancy & Associates is completed; and Deny the request by APEX Wind Energy Holdings, LLC, the developer of the Chapman Ranch Wind Farm, for easements across City -owned land for transmission lines related to the project; and City staff be directed to review the City's existing wind power ordinance and other City ordinances to identify actions available to the Council, up to and including annexation, creation of an industrial district, and any other powers enumerated by state law, to regulate, control, restrict, or prohibit the construction or development of wind farms in the City's extraterritorial jurisdiction; and If APEX Wind Energy Holdings, LLC, continues to pursue the Chapman Ranch Wind Farm project, that company be encouraged to enter into a Memorandum of Agreement with the City of Corpus Christi to address areas of concern, including impacts to residential and commercial development, electromagnetic interference with navigational radar at the Corpus Christi International Airport, and any potential conflicts with military pilot training operations at Naval Air Station Corpus Christi. This resolution takes effect upon City Council approval on this the Twenty-fifth day of March, 2014. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas Twenty -Fifth of March, 2014 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 San Patricio County w City of Corpus Christi Growth Trends Date of Construction 2000-2004 2005-2009 2010-2014 Corpus Christi City Limits Corpus Christi ETJ reatetl by Jeremy Mean Date C_reatecl Marcb 10,2014 0 05 I Gulf of Mexico Mi AGENDA MEMORANDUM First Reading for the City Council Meeting of March 25, 2014 Second Reading for the City Council Meeting of April 8, 2014 DATE: TO: March 13, 2014 Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director Office of Management and Budget eddieho@cctexas.com (361) 826-3792 Amendment of Fiscal Year 2013-2014 Operating Budget CAPTION: Ordinance amending the Fiscal Year 2013-2014 Operating Budget adopted by Ordinance No. 029915 to extend fiscal year 2013-2014 two months, by increasing total revenues by $111,715,725 and total expenditures by $106,187,250 in the General Fund, Internal Service Funds, Enterprise Funds, and Special Revenue Funds. PURPOSE: The purpose of this item is to revise and extend by two months the Fiscal year 2013-2014 Operating Budget to facilitate the change in the City of Corpus Christi's fiscal year. BACKGROUND AND FINDINGS: Ordinance Number 10274 dated November 23, 1939 set the City of Corpus Christi's fiscal year of August 1St through July 31St. The City Charter, Article IV. Administration, Section 2 (a) states that the City's fiscal year shall be set by ordinance but shall not be changed more often than every four years, except by two-thirds vote of the Council. On January 21, 2014, City Council approved Ordinance Number 030066 changing the City's fiscal year from August 1St through July 31St to October 1St through September 30th. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Department of Financial Services • Legal Department FINANCIAL IMPACT: ❑x Operating ❑ Revenue ❑ Capital ❑ 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 $106,187,250 $106,187,250 BALANCE Fund(s): All Operating Funds Comments: Total Revenues in the amount of $111,715,725 for all Operating Funds will also be increased. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Schedule of Adjustments Ordinance amending the Fiscal Year 2013-2014 Operating Budget adopted by Ordinance No. 029915 to extend fiscal year 2013-2014 two months, by increasing total revenues by $111,715,725 and total expenditures by $106,187,250 in the General Fund, Internal Service Funds, Enterprise Funds, and Special Revenue Funds. Section 1. That the Fiscal Year 2013.2014 Operating Budget adopted by Ordinance No. 029915 is amended to extend fiscal year 2013-2014 two months, by increasing total revenues by $111,715,725 and total expenditures by $106,187,250 in the General Fund, Internal Service Funds, Enterprise Funds, and Special Revenue Funds, as indicated on the attached Exhibit. Section 2. This ordinance takes effect upon date of final City Council approval. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , 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 Two Month Extension of Fiscal Year 2013-2014 Fund Revenues Expenditures Variance General Fund Enterprise Funds 27,995,811 30,754,563 (2,758,752) Water Fund (4010) 22,962,145 12,676,906 10,285,239 Raw Water Supply Development (4041) 330,454 330,454 Choke Canyon Fund (4050) 13,256 13,256 Gas Fund (4130) 5,651,944 6,004,542 (352,598) Wastewater Fund (4200) 11,I35,444 4,006,864 7,128,580 Storm Water Fund (4300) 4,584;187 1,901,498 2,682,689 Airport Fund (4610) 1,467,610 1,258,946 208,664 Airport PFC (4621) 234,000 216,871 17,129 Airport CFC (4632) 252,250 261,763 (9,513) Golf Center Fund (4690) 2,883 8,385 (5,502) Golf Capital Reserve Fund (4691) 16,745 16,745 Marina Fund (4700) 379,768 482,125 (102,357) Total Enterprise Funds 47,030,686 26,817,900 20,212,786 Internal Service Funds Stores Fund (5010) 635,062 618,572 16,490 Fleet Maintenance Services (5110) 2,599,971 2,369,089 230,882 Facilities Maintenance Services Fund (5115) 625,671 625,121 550 Municipal Information System (5210) 2,648,935 2,761,129 (112,194) Engineering Services Fund (5310) 962,689 870,868 91,821 Employee Benefits Health - Fire (5608) 1,125,876 1,076,593 49,283 Employee Benefits Health - Police (5609) 954,694 991,848 (37,154) Employee Benefits Health - Citicare (5610) 2,349,662 2,373,524 (23,862) Liability/Employee Benefit - Liability (5611) 934,600 3,042,708 (2,108,108) Liability/Employee Benefits - Workers Compensation (5612) 519,740 1,031,065 (511,325) Liability/Employee Benefits (5613) 234,267 429,818 (195,551) Other Employee Benefits (5614) 350,393 401,705 (51,312) Total Internal Service Funds 13,941,560 16,592,039 (2,650,479) Debt Service Funds Seawall Improvement Debt Service (1121) 554,809 554,809 - Arena Facililty Debt Service Fund (1131) 2,710,002 2,709,867 135 Baseball Stadium Debt Service Fund (1141) 2,024,684 2,024,534 150 Debt Service Fund (2010) 651,341 8,230,249 (7,578,908) Water System Revenue Debt Service Fund (4400) 61,056 57,993 3,063 Wastewater System Revenue Debt Service (4410) 47,334 47,128 206 Gas Fund Debt Service (4420) 12 - 12 Storm Water Debt Service (4430) 196,852 196,603 249 Airport 20I2A Debt Service (4640) 94,234 94,234 - Airport 20I2B Debt Service (4641) 157,941 157,941 Airport Debt. Service (4642) 118,050 118,050 Airport CFT Debt Service Fund (4643) 139,763 139,763 Marina Debt Service (4701) 266,850 266,850 Total Debt Service Funds 7,022,928 14,598,021 (7,575,093) Special Revenue Funds Hotel Occupancy Tax Fund (1030) 2,798,449 1,951,269 847,180 Public, Education, & Government Cable (1031) 166,000 150,000 16,000 Municipal Court Security (1035) 15,820 24,000 (8,180) Municipal Court Technology (1036) 21,050 32,170 (11,120) Municipal Court Juvenile Case Manager (1037) 24,880 20,724 4,156 Parking Improvement Fund (1040) 11,000 - 11,000 Streets Fund (1041) 5,I10,911 4,897,818 2I3,093 Redlight Photo Enforcement. (1045) 301,305 276,410 24,895 Reinvestment Zone No. 2 (1111) 34,018 1,095,157 (1,061,139) TIF No. 3 -Downtown TIF° (I 112) 11,270 121 11,149 Seawall Improvement Fund (1120) 1,233,528 557,310 676,218 Arena Facility Fund (1130) 1,228,884 2,827,825 (1,598,941) Business/Job Development (1140) 1,227,788 2,310,123 (1,082,335) Development Services Fund (4670) 1,070,052 997,726 72,326 Visitors Facilities Fund. (4710) 1,247,655 1,274,845 (27,190) LEPC Fund (6060) 632 11,929 (11,297) C.C. Crime Control District (9010) 1,221,498 997,301 224,197 Total Special Revenue Funds 15,724,740 17,424,727 (1,699,987) Total 111,715,725 106,187,250 5,528,475 Two Month Extension of Fiscal Year 2013-2014 Fund Revenues Expenditures Variance General Fund Enterprise Funds Water Fund (4010) Raw Water Supply Development (4041) Choke Canyon Fund (4050) Gas Fund (413 0) Wastewater Fund (4200) Storm Water Fund (4300) Airport Fund (4610) Airport PFC (4621) Airport CFC (4632) Golf Center Fund (4690) Golf Capital Reserve Fund (4691) Marina Fund (4700) Total Enterprise Funds Internal Service Funds 27,995,811 30,754,563 (2,758,752) 22,962,145 12,676,906 330,454 - 13,256 - 5,651,944 6,004,542 11,135,444 4,006,864 4,584,187 1,901,498 1,467,610 1,258,946 234,000 216,871 252,250 261,763 2,883 8,385 16,745 - 379,768 482,125 10,285,239 330,454 13,256 (352,598) 7,128,580 2,682,689 208,664 17,129 (9,513) (5,502) 16,745 (102,357) 47,030,686 26,817,900 20,212,786 Stores Fund (5010) 635,062 618,572 16,490 Fleet Maintenance Services (5110) 2,599,971 2,369,089 230,882 Facilities Maintenance Services Fund (5115) 625,671 625,121 550 Municipal Information System (5210) 2,648,935 2,761,129 (112,194) Engineering Services Fund (5310) 962,689 870,868 91,821 Employee Benefits Health - Fire (5608) 1,125,876 1,076,593 49,283 Employee Benefits Health - Police (5609) 954,694 991,848 (37,154) Employee Benefits Health - Citicare (5610) 2,349,662 2,373,524 (23,862) Liability/Employee Benefit - Liability (5611) 934,600 3,042,708 (2,108,108) Liability/Employee Benefits - Workers Compensation (5612) 519,740 1,031,065 (511,325) Liability/Employee Benefits (5613) 234,267 429,818 (195,551) Other Employee Benefits (5614) 350,393 401,705 (51,312) Total Internal Service Funds 13,941,560 16,592,039 (2,650,479) Debt Service Funds Seawall Improvement Debt Service (1121) 554,809 554,809 Arena Facililty Debt Service Fund (1131) 2,710,002 2,709,867 135 Baseball Stadium Debt Service Fund (1141) 2,024,684 2,024,534 150 Debt Service Fund (2010) 651,341 8,230,249 (7,578,908) Water System Revenue Debt Service Fund (4400) 61,056 57,993 3,063 Wastewater System Revenue Debt Service (4410) 47,334 47,128 206 Gas Fund Debt Service (4420) 12 - 12 Storm Water Debt Service (4430) 196,852 196,603 249 Airport 2012A Debt Service (4640) 94,234 94,234 Airport 2012B Debt Service (4641) 157,941 157,941 Airport Debt Service (4642) 118,050 118,050 Airport CFT Debt Service Fund (4643) 139,763 139,763 Marina Debt Service (4701) 266,850 266,850 Total Debt Service Funds 7,022,928 14,598,021 (7,575,093) Special Revenue Funds Hotel Occupancy Tax Fund (1030) 2,798,449 1,951,269 847,180 Public, Education, & Government Cable (1031) 166,000 150,000 16,000 Municipal Court Security (1035) 15,820 24,000 (8,180) Municipal Court Technology (1036) 21,050 32,170 (11,120) Municipal Court Juvenile Case Manager (1037) 24,880 20,724 4,156 Parking Improvement Fund (1040) 11,000 - 11,000 Streets Fund (1041) 5,110,911 4,897,818 213,093 Redlight Photo Enforcement (1045) 301,305 276,410 24,895 Reinvestment Zone No. 2 (1111) 34,018 1,095,157 (1,061,139) TIF No. 3 -Downtown TIF (1112) 11,270 121 11,149 Seawall Improvement Fund (1120) 1,233,528 557,310 676,218 Arena Facility Fund (1130) 1,228,884 2,827,825 (1,598,941) Business/Job Development (1140) 1,227,788 2,310,123 (1,082,335) Development Services Fund (4670) 1,070,052 997,726 72,326 Visitors Facilities Fund (4710) 1,247,655 1,274,845 (27,190) LEPC Fund (6060) 632 11,929 (11,297) C.C. Crime Control District (9010) 1,221,498 997,301 224,197 Total Special Revenue Funds 15,724,740 17,424,727 (1,699,987) Total 111,715,725 106,187,250 5,528,475 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 25, 2014 Action Item for the City Council April 8, 2014 DATE: February 21, 2014 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp@cctexas.com FROM: Emily Martinez (361) 882-7448 emartinez@ccredc.com Type A Grant for Hausman Foods, LLC CAPTION: Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Hausman Foods, LLC ("Hausman") to provide a grant of up to $205,920, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Hausman Business Incentive Agreement for the creation of jobs; and appropriating $205,920 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Hausman; and changing the FY 2013-2014 operating budget, adopted by Ordinance No. 029915, by increasing proposed expenditures by $205,920. PURPOSE: Hausman will invest in their meat processing facility on Beacon Street and create jobs in Corpus Christi. They will invest $2,100,000 and create 52 full-time employees with an annual payroll of $1,205,920. BACKGROUND AND FINDINGS: Hausman Foods, LLC has obtained contracts with several major retailers and food service companies that will require the staffing of a second shift. The United States Department of Agriculture Food Safety and Inspection Service (USDAFSIS) has approved the additional shift and staffing should be complete by the July 2014. This new activity will take place at 4261 Beacon Street, Corpus Christi, Texas 78405. Hausman Foods, LLC capital outlays will include refrigeration upgrades, additional grinding and freezing equipment, and rolling stock. Establishment primarily engaged in manufacturing sausages, cured meats, smoked meats, canned meats, frozen meats, and other prepared meats and meat specialties, from purchased carcasses and other materials. ALTERNATIVES: The company is not eligible for any other incentives. OTHER CONSIDERATIONS: Hausman has been a fixture in this community for over forty years. This grant will be used to invest in their facility and the creation of jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Engineering FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ 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 205,920 205,920 BALANCE 205,920 205,920 Fund: Type A 1140 RECOMMENDATION: Staff recommends approval of the Type A Grant to Hausman Foods, LLC in the amount of $205,920 for improvements to their meat processing facility and the creation of jobs. LIST OF SUPPORTING DOCUMENTS: Type A Agreement Project Service Agreement Page 1 of 3 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Hausman Foods, LLC ("Hausman") to provide a grant of up to $205,920, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Hausman Business Incentive Agreement for the creation of jobs; and appropriating $205,920 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Hausman; and changing the FY 2013- 2014 operating budget, adopted by Ordinance No. 029915, by increasing proposed expenditures by $205,920. Whereas, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Hausman for the improvements to their facility on Beacon Street in Corpus Christi and the creation of jobs; in which Hausman will invest at least $2,100,000 for improvements to their meat processing facility and the creation of at least 52 full-time jobs with an average annual salary of at least $29,000 and annual payroll of at least $1,508,000 over a five year period will best satisfy this goal; Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for creation of jobs between the Type A Corporation and Hausman; Whereas, there is a need for a business incentive project service agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for the creation of jobs between the Type A Corporation and Hausman. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement for the creation of jobs between the Type A Corporation and Hausman that provides for the improvements to their meat processing facility and the creation of jobs within the City of Corpus Christi, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project service agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Hausman, which is attached to this resolution as Exhibit B. ORDINANCE - Hausman Page 2 of 3 SECTION 3. That $205,920 from the unreserved fund balance in the No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Hausman for the improvements to their meat processing facility and the creation of jobs. SECTION 4. That Ordinance No. 029915, which adopted the FY 2013-2014 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $205,920 for a business incentive grant from the Type A Corporation to Hausman for the improvements to their meat processing facility and the creation of jobs. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor APPROVED: day of , 2014. Corpus Christi, Texas That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb ORDINANCE - Hausman Page 3 of 3 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014, 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 , 2014. ATTEST: Rebecca Huerta City Secretary ORDINANCE - Hausman Nelda Martinez Mayor BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND HAUSMAN FOODS, LLC FOR CREATION OF JOBS This Business Incentive Agreement for Capital Investments and the Creation of Jobs ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Hausman Foods, LLC ("Hausman"), a Texas limited liability corporation. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizen's of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on October 18, 2010, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on November 9, 2010; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Hausman has been located in the City since 1939 and currently has four locations that process meat for resale to grocery stores and restaurants; WHEREAS, Hausman proposes to invest approximately $2,100,000 over a five year period; WHEREAS, on January 20, 2014 the Board approved this grant and determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be Page 1 of 8 Type A Business Incentive Jobs Creation Hausman 02 07 2014 provided to Hausman, through this Agreement with Hausman, to be used by Hausman to add a second shift to their Beacon Street facility and will result in the creation of 52 full-time jobs, with an estimated annual average salary of $29,000. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Hausman agree as follows: 1, Effective Date, The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the effective date. 3. Performance Requirements and Grants. The Performance Requirements and Grants are listed in Exhibit A, which is attached to and incorporated into this Agreement. 4. Job Creation Qualificatiot a. In order to count as a created job under this Agreement, a "job" must be as defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased' employee who has a home address in the Corpus Christi MSA. b. Hausman agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. c. Hausman agrees to provide Corporation with a sworn certificate by authorized representatives of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. d. Hausman shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 5. Utilization of Local Contractors and Suppliers. Hausman agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 5Q% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Hausman agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Hausman to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Hausman is in compliance with this requirement. Failure to substantially comply Page 2 of Bi Type A Business Incentive Jobs Creation Hausman 02 07 2014 with this requirement, in the sole de er n lion of the City Manager or designee, shall be a default hereunder. 6, Utilization of Disadvantaged Business Enterprises MBE). Hausman agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Hausman agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Hausman agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Hausman to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Hausman is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 7. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage' for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 8. Health insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 9. Warranties. Hausman warrants and represents to Corporation the following: a. Hausman is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas b. Hausman has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Hausman has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other Page 3 ot 8 Type A 'Business Incentive Jobs Creation Hausman 02 07 2014. governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Hausman has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement, e. The person executing this Agreement on behalf of Hausman is duly authorized t execute this Agreement on behalf of Hausman. f. Hausman does not and agrees that it will not knowingly employ an undocumented worker. if, after receiving payments under this Agreement, Hausman is convicted of a violation under §U.S.C. Section 1324a(f), Hausman shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Hausman has been notified of the violation. 10. Compliance with Laws. During the Term of this Agreement, Hausman shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 11. Non -Discrimination. Hausman covenants and agrees that Hausman will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas, 12. Force Majeure. If the Corporation or Hausman are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Hausman are temporarily suspended during continuation of the force majeure. lf either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 13. Assignment. Hausman may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 14. Indemnity. Hausman covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any Page 4 of 8 Type A Businessincentive Jabs Creation Hausman 02 07 2014 manner connected with, or are claimed to arise out of or be in any manner connected with Hausman activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Hausman must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default by Hausman. The following events constitute a default of this Agreement by Hausman: a. The Corporation or City determines that any representation or warranty on behalf of Hausman contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Hausman or any attachment or other levy against the property of Hausman with respect to a claim remains unpaid, undischarged, Of not dismissed for a period of 120 days, c. Hausman makes an assignment for the benefit of creditors. d. Hausman files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Hausman become delinquent, and Hausman fails to timely and properly follow the legal procedures for protest or contest. f. Hausman changes the general character of business as conducted as of the date this Agreement is approved by the Corporation, g. Hausman fails to comply with one or more terms of this Agreement. 16. Notice of Default. Should the Corporation or City determine that Hausman is in default according to the terms of this Agreement, the Corporation or City shall notify Hausman in writing of the event of default and provide 60 days from the date of the notice (Cure Period") for Hausman to cure the event of default, 17. Results of Uncured Default by Hausman, After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Hausman, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period, Page 5 of 8 Type A BusinessIncentive Jobs Creation Hausman 02 07 2014 a. Hausman shall immediately repay all funds paid by Corporation to them under this Agreement. b. Hausman shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by 'Hausman of all sums due, the Corporation and Hausman shall have no further obligations to one another under this Agreement. 18. No Wafver. a. No waiver of any covenant or condition„ or the breach of any covenant or conditionof this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Hausman's default may not be considered an estoppel against the Corporation. d. it is expressly understood that if at any time Hausman is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default, 19. Hausman specifically agrees that Corporation shall only be liable to Hausman for the actual amount of the money grants to be conveyed to Hausman, and shalt not be liable to Hausman for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be Fess than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all Page 6 af 8 Type A Business Incentive Jobs Creation Hausman 02 07 201,1 supporting documentation, as requested. Payments to be made shall also require a written request from Hausman to be accompanied by all necessary supporting documentation. 20, The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council, 21. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Hausman: Hausman Foods, LLC Attn: Steven McClure, Sr. PO Box 2422 Corpus Christi, Texas 78403 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: President 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at he following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 22. incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 23. Amendments or Modifications, No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 24. Relationship of Parties. In performing this Agreement, both the Corporation and Hausman will act in an individual capacity, and not as agents, representafives, employees, employers, Page 7 ot 8 Type A Buries nceniv Johs Creation Hausman 02 07 2014 partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 25. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Hausman. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. The remainder of this page intentionally left blank. Page 8 of 8 Type A Business Incentive Jabs Creation Hausman 02 07 2014 Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Robert Tamez President Rebecca Huerta Assistant Secretary Hausman Foods, LLC By: Date: Steven R. McClure, Sr. President iJ\ZhL THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on McClure, Sr., President, for Hausman Foods, LLC, a Texas behalf of the corporation Notary Public State of Texas Page 9 Type A Business incentive Jobs Creation Hausman 02 07 2014 , 2014, by Steven R. iabiiity corporation, on 010.!!rip,04 MEREDITH DARDEN Notary Public, State ot Texas • My Commission Expires Jolly 25, 2017 EXHIBIT A PERFORMANCE MEASURES AND CORPORATION GRANTS 1. Hausman shall invest at least $2,100,000 to add a second shift to their Beacon Street facility, over a five year period. Hausman shall further, over the term of this Agreement, create 52 full- time jobs, with an average annual salary of $29,000 as described in the schedule below. Year Number of New Jobs Annual Payroll Capital Investment 1 10 290,000 300,000 2 15 725,000 300,000 3 7 928,000 400,000 4 10 1,218,000 450,000 ......._ 5 10 1,508,000 550,000 a. Grants, not to exceed $41,184 per year and a cumulative total of $205,920 over five years, are available on a per job created basis. b. Should the Company fall below the Performance Standards in any one year, the Company shall receive a reduced percentage of the Cash Incentive in effect that year. Such reduction will be in that percentage equal to the percentage the Company's performance falls below the Performance Standards. However if the Company falls below 70% then there is no payment for that year. By way of example only: assume a partial Cash Incentive payment is required in the fifth year of this Agreement and the Performance Standards have not been reached. For the purposes of calculating this reduced Cash Incentive, it is agreed that 20% of the Cash Incentive is being given premised on the payroll requirements of this Agreement and 80% of yearly incentive amount is attributable to the capital investment requirements. The reduced Cash Incentive shall be calculated as follows: Annual payroll commitment: 5th year: 5th year actual: Percent of Total $1,508,000 $1,305,000 86.54% 5th year incentive calculation: Reduced Cash Incentive calculation: 20% x 86.54% x $41,184 = $7,128 Total Cash Incentive A-1 Annual Investment commitment: 5th year: $550,000 5th year actual: $555,000 Percent of Total 100% Economic incentive Calculation: 80% x 100% x $41,184 = $32,947.20 $7,128.00 + $32,947.20 = $40,075.20 Type A Business Incentive Jobs Creation and Retention Hausman 01 22 2014 In the 5th year, the Company would receive a reduced Cash Incentive of $40,075.20 from the Corporation for not meeting the performance goals for annual payroll requirements. 2. The Corporation will award a grant to Hausman based on the formula above, payable not later than June 15 of each year if Hausman makes the required capital investment in buildings, furniture, fixtures and equipment, retains the minimum number of in the preceding year described in, paragraph 1 above (collectively, the "annual performance benchmarks"). A-2 Type A Business Incentive Jobs Creation and Retention Hausman 01 22 2014 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on October 18, 2010, which the City Council approved on November 9, 2010; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Hausman Foods, LLC ("Hausman") has submitted a proposal to the Type A Corporation for a $205,920 grant for the investment of $2,100,000 and the creation of 52 new jobs in their existing meat processing facility; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund Hausman's $2,100,000 investment and creation of 52 new jobs in their existing meat processing facility; and WHEREAS, the Type A Corporation and Hausman have executed a business incentives agreement for the investment and the creation of jobs related to Hausman's adding a second shift to their existing meat processing facility. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation of Jobs between the Type A Corporation and Hausman related to Hausman meat processing facility in Corpus Christi ("Business Incentive Agreement"). Page 1 of 3 Type A Business Service Agreement -Hausman 01-22-14 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The remainder of this page intentionally left blank. Page 2 of 3 Type A Business Service Agreement -Hausman 01-22-14 The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson City Manager Robert Tamez President Date: Date: Attest Rebecca Huerta City Secretary Type A Business Service Agreement -Hausman 01-22-14 Page 3 of 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 25, 2014 Action Item for the City Council Meeting of April 8, 2014 DATE: TO: FROM: March 25, 2014 Ronald L. Olson, City Manager Paul Pierce, Acting Assistant Director of Financial Services paulpRcctexas.com (361) 826-3164 Michael Morris, Director of Parks and Recreation michaelmo a(�cctexas.com (361) 826-3464 Mark Van Vleck, Executive Director of Utilities markvvR cctexas. com (361) 826-1874 Service Agreements for Storm Water Improved ROW Strip Mowing and Bayfront Parks and Medians Turf and Grounds Maintenance CAPTION: Motion approving service agreements with the following companies, in the following amounts for Storm Water Improved ROW Strip Mowing and Bayfront Parks and Medians Turf and Grounds Maintenance in accordance with Bid Invitation No. BI -0079-14, based on lowest responsible bid for an estimated annual expenditure of $673,540.40 of which $336,770.20 is required for the remainder of FY 2013-2014. The terms of the contracts will be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the Contractors and the City Manager or designees. Funds have been budgeted by the Utilities and Parks and Recreation Departments in FY 2013-2014. Storm Water Improved ROW Strip Mowing Aspen Lawn Care Corpus Christi, TX. $109,399.90 D -Bar Contractors San Benito, TX $52,186.40 Dorame General Repair & Lawn, LLC Corpus Christi, TX $101,346.00 Bayfront Parks & Medians Turf & Grounds Maintenance D -Bar Contractors San Benito, TX. $152,423.60 Maldonado Nursery & Landscape, Inc. Corpus Christi, TX $211,131.90 Maldonado Nursery & Landscape, Inc. Corpus Christi, TX $47,052.60 Total: $309,984.90 Total: $363,555.50 Grand Total $673,540.40 PURPOSE: These service agreements will provide mowing for the Storm Water Improved Rights -Of -Way and turf and grounds maintenance for the Bayfront Parks and Medians. BACKGROUND AND FINDINGS: All options to extend the previous contracts have been exercised. 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: Parks and Recreation Department Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,956,462.44 $336,770.20 $2,293,232.64 Encumbered / Expended Amount $599,164.81 $0 $599,164.81 This item $336,770.20 $336,770.20 $673,540.40 BALANCE $1,020,527.43 $0 $1,020,527.43 Fund(s): Storm Water Fund, General Fund Comments: The $336,770.20 financial impact shown above represents six (6) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $336,770.20 for the last six (6) months of the contracts will be requested during the normal FY 2014-2015 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: GERALD GOODWIN BID TABULATION BID INVITATION NO. BI -0079-14 STORM WATER IMPROVED ROW STRIP MOWING & BAYFRONT PARKS & MEDIANS TURF & GROUNDS MAINTENANCE Storm Water Improved ROW Strip Mowing Aspen Lawn Care, LLC (1) Corpus Christi, Texas Barbarossa Construction, LLC Corpus Christi, Texas D -Bar Contractors San Benito, Texas Dorame General Repair & Lawn, LLC (1) Corpus Christi, Texas Maldonado Nursery & Landscape, Inc. Corpus Christi, Texas O.J. Lawn Services Corpus Christi, Texas Pang Construction Corpus Christi, Texas Tuff Cut Lawn & Landscape Corpus Christi, Texas UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT CYCLES PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 1.0 High-profile Areas: 1.1 Group 4 mowing 32.65 Acre 21 $95.00 $65,136.75 $105.00 $71,993.25 $85.00 $58,280.25 $95.00 $65,136.75 $85.00 $58,280.25 NO BID NO BID $100.00 $68,565.00 $150.00 $102,847.50 1.2 Group 5A mowing 37.22 Acre 21 $95.00 $74,253.90 $105.00 $82,070.10 $85.00 $66,437.70 $109.50 $85,587.39 $85.00 $66,437.70 NO BID NO BID $110.00 $85,978.20 $150.00 $117,243.00 1.3 Group 5B mowing 18.15 Acre 21 $95.00 $36,209.25 $105.00 $40,020.75 $85.00 $32,397.75 $95.00 $36,209.25 $85.00 $32,397.75 NO BID NO BID $95.00 $36,209.25 $150.00 $57,172.50 1.4 Group 5C mowing 11.00 Each 12 $23.00 $3,036.00 $115.00 $15,180.00 $85.00 $11,220.00 $100.00 $13,200.00 $85.00 $11,220.00 NO BID NO BID $100.00 $13,200.00 $150.00 $19,800.00 1.5 Group 6 mowing 6.50 Acre 52 $95.00 $32,110.00 $105.00 $35,490.00 $85.00 $28,730.00 $120.00 $40,560.00 $85.00 $28,730.00 NO BID NO BID $125.00 $42,250.00 $150.00 $50,700.00 2.0 Other Areas: 2.1 Group 1 mowing 30.13 Acre 21 $95.00 $60,109.35 $100.00 $63,273.00 $80.00 $50,618.40 $96.00 $60,742.08 $85.00 $53,782.05 NO BID NO BID $95.00 $60,109.35 $150.00 $94,909.50 2.2 Group 2 mowing 13.30 Acre 21 $95.00 $26,533.50 $100.00 $27,930.00 $80.00 $22,344.00 $106.00 $29,605.80 $85.00 $23,740.50 $105.00 $29,326.50 $105.00 $29,326.50 $150.00 $41,895.00 2.3 Group 3 mowing 13.06 Acre 21 $95.00 $26,054.70 $100.00 $27,426.00 $80.00 $21,940.80 $106.00 $29,071.56 $85.00 $23,312.10 $105.00 $28,797.30 $104.00 $28,523.04 $150.00 $41,139.00 2.4 Group 7 mowing 2.45 Acre 8 $95.00 $1,862.00 NO BID NO BID $80.00 $1,568.00 $200.00 $3,920.00 $85.00 $1,666.00 NO BID NO BID $200.00 $3,920.00 $150.00 $2,940.00 TOTAL: AWARDED: TOTAL AWARD: $309,984.90 $325,305.45 $109,399.90 $363,383.10 $293,536.90 $364,032.83 $52,186.40 $101,346.00 $299,566.35 $47,052.60 $58,123.80 $368,081.34 $528,646.50 (1) NOTE: Maximum award to any single bidder for this service agreement contract is 38 acres. Contracts will be awarded to more than one bidder to ensure work is completed in a timely manner. Bidders for high-profile areas must have performed similar work in a Storm Water Department high profile area within the last 24 months, have a local office with a local decision maker, and have 5 continuous years' experience in mowing and ditch slope mowing in order to be qualified to mow a high-profile area. Aspen Lawn Care, LLC and Dorame General Repair and Lawn, LLC are the only bidders that meet these qualifications necessary to mow Storm Water Department high-profile areas. ITEM Bayfront Parks & Medians Turf & Grounds Maintenance DESCRIPTION QTY. UNIT CYCLES Aspen Lawn Care, LLC Corpus Christi, Texas Barbarossa Construction, LLC Corpus Christi, Texas D -Bar Contractors San Benito, Texas Dorame General Repair & Lawn, LLC Corpus Christi, Texas Maldonado Nursery & Landscape, Inc. (1) Corpus Christi, Texas O.J. Lawn Services Corpus Christi, Texas Pang Construction Corpus Christi, Texas Tuff Cut Lawn & Landscape Corpus Christi, Texas UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1.0 High-profile Areas: 1.1 Group 1 mowing 6.52 Acre 42 $75.00 $20,538.00 $55.19 $15,113.23 $45.00 $12,322.80 NO BID NO BID $45.00 $12,322.80 NO BID NO BID NO BID NO BID NO BID NO BID 1.2 Group 1A mowing 31.58 Acre 42 $75.00 $99,477.00 $55.57 $73,705.83 $45.00 $59,686.20 NO BID NO BID $45.00 $59,686.20 NO BID NO BID NO BID NO BID NO BID NO BID 1.3 Group 2 mowing 39.79 Acre 42 $75.00 $125,338.50 $55.32 $92,449.68 $45.00 $75,203.10 NO BID NO BID $45.00 $75,203.10 NO BID NO BID NO BID NO BID NO BID NO BID 1.4 Group 3 mowing 9.96 Each 42 $75.00 $31,374.00 $54.91 $22,969.95 $45.00 $18,824.40 NO BID NO BID $45.00 $18,824.40 NO BID NO BID NO BID NO BID NO BID NO BID 1.5 Group 4 mowing 23.86 Acre 42 $75.00 $75,159.00 $55.55 $55,667.77 $45.00 $45,095.40 NO BID NO BID $45.00 $45,095.40 NO BID NO BID NO BID NO BID NO BID NO BID 2.0 Other Areas: 2.1 Group 5 mowing 20.01 Acre 42 $75.00 $63,031.50 $54.90 $46,139.06 $40.00 $33,616.80 $60.00 $50,425.20 $41.86 $35,179.98 NO BID NO BID $65.00 $54,627.30 NO BID NO BID 2.2 Group 6 mowing 7.55 Acre 15 $75.00 $8,493.75 $54.00 $6,115.50 $40.00 $4,530.00 $90.00 $10,192.50 $41.86 $4,740.65 NO BID NO BID $90.00 $10,192.50 NO BID NO BID 0.92 Acre 21 $75.00 $1,449.00 $54.00 $1,043.28 $40.00 $772.80 $90.00 $1,738.80 $41.86 $808.74 NO BID NO BID $90.00 $1,738.80 NO BID NO BID 39.07 Acre 25 $75.00 $73,256.25 $54.00 $52,744.50 $40.00 $39,070.00 $90.00 $87,907.50 $41.86 $40,886.76 NO BID NO BID $90.00 $87,907.50 NO BID NO BID 2.3 Group 7 mowing 1.22 Acre 15 $75.00 $1,372.50 $54.00 $988.20 $40.00 $732.00 $75.00 $1,372.50 $41.86 $766.04 NO BID NO BID $80.00 $1,464.00 NO BID NO BID 41.23 Acre 21 $75.00 $64,937.25 $54.00 $46,754.82 $40.00 $34,633.20 $75.00 $64,937.25 $41.86 $36,243.64 NO BID NO BID $80.00 $69,266.40 NO BID NO BID 2.4 Group 8 mowing 10.19 Acre 15 $75.00 $11,463.75 $54.00 $8,253.90 $40.00 $6,114.00 $105.00 $16,049.25 $41.86 $6,398.30 NO BID NO BID $110.00 $16,813.50 NO BID NO BID 20.47 Acre 21 $75.00 $32,240.25 $54.00 $23,212.98 $40.00 $17,194.80 $105.00 $45,136.35 $41.86 $17,994.36 NO BID NO BID $110.00 $47,285.70 NO BID NO BID 15.76 Acre 25 $75.00 $29,550.00 $54.00 $21,276.00 $40.00 $15,760.00 $105.00 $41,370.00 $41.86 $16,492.84 NO BID NO BID $110.00 $43,340.00 NO BID NO BID TOTAL: AWARDED: TOTAL AWARD: $363,555.50 $637,680.75 $466,434.69 $363,555.50 $152,423.60 $319,129.35 $370,643.20 $211,131.90 $332,635.70 (1) NOTE: Maximum award to any single bidder for this service agreement contract is 160 acres. Contracts will be awarded to more than one bidder to ensure work is completed in a timely manner. Bidders for high-profile areas must have performed similar work in a Parks & Recreation Department high profile area within the last 24 months, have a local office with a local decision maker, and 5 continuous years' experiencce in turf and grounds maintenance in order to be qualified to mow a high-profile area . Maldonado Nursery & Landscape, Inc. is the only bidder that meets these qualifications necessary to mow Parks & Recreation Department high-profile areas. STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING Service Agreement No. BI -0079-14 THIS Storm Water Improved Rights -of -Way Strip Mowing (this "Agreement") is entered into by and between Aspen Lawn Care (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 Storm Water Improved Rights -of -Way Strip Mowing in response to Bid Invitation No. BI -0079-14 (which includes Specification No. 1104, dated 11/14/13) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Storm Water Improved. Rights -of -Way Strip Mowing in accordance with Bid Invitation No. BI -0079-14 (which includes Specification 1104, dated 11/14/13). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. The term includes an option to extend for up to two (2) additional twelve (12) month periods subject to the approval of the Contractor and the City Manager or his designee. 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 Storm Water Contract Administrator. 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 Storm Water Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 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 Bid Invitation No. BI -0079-14 (which includes Specification No. 1104, dated 11/14/13), or the Contractor's bid offer to Bid Invitation No. BI -0079-14 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 Storm Water Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI -0079-14 (which includes Specification No. 1104, dated 11/14/13). 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. 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: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Contact Address: City, State, Aspen Lawn Care Willie Montez 5502 Burnham Corpus Christi. TX 78413 361 906-0701 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 20 day of CITY OF CORPUS CHRISTI ("CITY") January , 20_14_. Contractor Aspen Lawn Care Title: Business Manager Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No. BI -0079-14 Exhibit B: Bidder's Bid STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING Service Agreement No. THIS Storm Water Improved Rights -of -Way Strip Mowing (this "Agreement") is entered into by and between to- th " o frac s) and the City of Corpus Christi, a Texas home -rule municipal corporation (the "C��ai'ft�ough 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 Storm Water Improved Rights -of -Way Strip Mowing in response to Bid Invitation No. BI -0079-14 (which includes Specification No. 1104, dated 11/14/13) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Storm Water Improved Rights -of -Way Strip Mowing in accordance with Bid Invitation No. BI -0079-14 (which includes Specification 1104, dated 11/14/13). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. The term includes an option to extend for up to two (2) additional twelve (12) month periods subject to the approval of the Contractor and the City Manager or his designee. 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 Storm Water Contract Administrator. 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 Storm Water Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31st), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI -0079-14 (which includes Specification No. 1104, dated 11/14/13), or the Contractor's bid offer to Bid Invitation No. BI -0079-14 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 Storm Water Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI -0079-14 (which includes Specification No. 1104, dated 11/14/13). 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. 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: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor — r Co �a ✓ �` rS Contact oscpL. Le, 2. sc.— Address: may/ y z,, N s a l City, State, 5 c h 3eh ; " g� 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 CITY OF CORPUS CHRISTI ("CITY") Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No. BI -0079-14 Exhibit B: Bidder's Bid , 20 Contractor Th — 3 ettr s De Lc /Sc, Uwe STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING Service Agreement No. THIS Storm Water Improved Rights -of -Way Strip Mowing (this "Agreement") is entered into by and between 44 tract. � " and the Ci o o us Christi, a Texas home -rule municipal corporation (the "City u, iy 'ttl ri cig its"liii 'uhorizet ity Manager or designee ("City Manager"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Storm Water Improved Rights -of -Way Strip Mowing in response to Bid Invitation No. BI -0079-14 (which includes Specification No. 1104, dated 11/14/13) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Storm Water Improved Rights -of -Way Strip Mowing in accordance with Bid Invitation No. BI -0079-14 (which includes Specification 1104, dated 11/14/13). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. The term includes an option to extend for up to two (2) additional twelve (12) month periods subject to the approval of the Contractor and the City Manager or his designee. 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 Storm Water Contract Administrator. 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 Storm Water Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31st), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI -0079-14 (which includes Specification No. 1104, dated 11/14/13), or the Contractor's bid offer to Bid Invitation No. BI -0079-14 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 Storm Water Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI -0079-14 (which includes Specification No. 1104, dated 11/14/13). 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. Altematively, 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. 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: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Contact Address: City, State, Dorame General Repair & Lawn, LLC Ramon J. Dorame 4213 Hamlin Dr. Corpus Christi TX 78411 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 16 day of January , 2014 Contractor Dorame General Repair & Lawn, LLC C Rarpdn J. Dorame Title: President CITY OF CORPUS CHRISTI ("CITY") Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No. BI -0079-14 Exhibit B: Bidder's Bid STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING Service Agreement No. THIS Storm Water Improved Rights -of -Way Strip Mowing (this "Agreement") is entered into by and between Maldonado Nursery and Landscape, inc. (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 Storm Water Improved Rights -of -Way Strip Mowing in response to Bid Invitation No. BI -0079-14 (which includes Specification No. 1104, dated 11/14/13) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Storm Water Improved Rights -of -Way Strip Mowing in accordance with Bid Invitation No. BI -0079-14 (which includes Specification 1104, dated 11/14/13). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. The term includes an option to extend for up to two (2) additional twelve (12) month periods subject to the approval of the Contractor and the City Manager or his designee. 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 Storm Water Contract Administrator. 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 Storm Water Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 3151), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI -0079-14 (which includes Specification No. 1104, dated 11/14/13), or the Contractor's bid offer to Bid Invitation No. BI -0079-14 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 Storm Water Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI -0079-14 (which includes Specification No. 1104, dated 11/14/13). 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. 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: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Contact Address: City, State, Maldonado Nurser and Landscape, headqtrs. Victoria Miller 16348 Nacogdoches Rd San Antonio Texas 78247 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 rikay of Z\. 20 \t� . CITY OF CORPUS CHRISTI ("CITY") Contractor Maldonado Nursery and Landscape KJCI\oL7 ctor Maldonado ( j z Title: Maldonado Nursery and Landscape Division Manager- Corpus Christi Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No. BI -0079-14 Exhibit B: Bidder's Bid BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE Service Agreement No. THIS Bayfront Parks and Medians Turf and Grounds Maintenance Service Agreement (this "Agreement") is entered into by and betweenD -%ar4(the "Contract")fid the City of Corpus Christi, a Texas home -rule municipal corporation (the "City"�;`'� aArfarough 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 Bayfront Parks and Medians Turf and Grounds Maintenance in response to Bid Invitation No. BI -0079-14 (which includes Specification 1168, dated 11/14/13) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Bayfront Parks and Medians Turf and Grounds Maintenance in accordance with Bid Invitation No. BI -0079-14 (which includes Specification 1168, dated 11/14/13). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. The term includes an option to extend for up to two (2) additional twelve (12) month periods subject to the approval of the Contractor and the City Manager or his designee. 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 Parks & Recreation Contract Administrator. 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 Parks & Recreation Contract Administrator 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 Attomey must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31St), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI -0079-14 (which includes Specification 1168, dated 11/14/13), or the Contractor's bid offer to Bid Invitation No. BI -0079-14 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 Parks & Recreation Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI -0079-14 (which includes Specification 1168, dated 11/14/13). 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. 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: Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Contact --See L� .be La te,s c --- Address: a2 (-0y w ks fiz-x 2Tr City, State, So,. 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 CITY OF CORPUS CHRISTI ("CITY") Michael Barrera Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No. BI -0079-14 Exhibit B: Bidder's Bid Contractor E a C --1376ef SG - Title: Oh.X..,r- Date BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE Service Agreement No. THIS Bayfront Parks and Medians Turf and Grounds Maintenance Service Agreement (this "Agreement") is entered into by and between Maldonado Nursery and Landscape, inc. (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 Bayfront Parks and Medians Turf and Grounds Maintenance in response to Bid Invitation No. BI -0079-14 (which includes Specification 1168, dated 11/14/13) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Bayfront Parks and Medians Turf and Grounds Maintenance in accordance with Bid Invitation No. BI -0079-14 (which includes Specification 1168, dated 11/14/13). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. The term includes an option to extend for up to two (2) additional twelve (12) month periods subject to the approval of the Contractor and the City Manager or his designee. 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 Parks & Recreation Contract Administrator. 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 Parks & Recreation Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31st), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI -0079-14 (which includes Specification 1168, dated 11/14/13), or the Contractor's bid offer to Bid Invitation No. BI -0079-14 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 Parks & Recreation Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI -0079-14 (which includes Specification 1168, dated 11/14/13). 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. Altematively, 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. 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: Water Contract Administrator P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Maldonado Nursery and Landscape, inc( I 1Q's) Contact Victoria Miller Address: 16348 Nacogdoches Rd City, State, San Antonio Tx 78247 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 \rt day of 0, 20 lL\ . CITY OF CORPUS CHRISTI ("CITY") Contractor Maldonado Nursery and Landscape, inc CR.e—faon Me-,ScaLat3 Hector Maldonado 107 1 t `1 Title: Maldonado Nursery and Landscape Division Manager- Corpus Christi Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Bid Invitation No. BI -0079-14 Exhibit B: Bidder's Bid AGENDA MEMORANDUM Future Item for the City Council Meeting of March 25, 2014 Action Item for the City Council Meeting of April 8, 2014 DATE: TO: March 25, 2014 Ronald L. Olson, City Manager FROM: Paul Pierce, Acting Assistant Director of Financial Services paulpRcctexas.com (361) 826-3164 Mark Van Vleck, Executive Director of Utilities Department markvvR cctexas. com (361) 826-1874 Supply Agreement for Liquid Aluminum Sulfate CAPTION: Motion approving a supply agreement with General Chemical Performance Products LLC, Parsippany, New Jersey for liquid aluminum sulfate in accordance with Bid Invitation No. BI - 0090 -14 based on lowest responsible bid for an estimated annual expenditure of $1,248,390.00, of which $624,195.00 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. PURPOSE: The liquid aluminum sulfate is used by the Utilities Department as a primary coagulant at the O.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. 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: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,239,665.98 $624,195.00 $4,863,860.98 Encumbered / Expended Amount $1,946,801.85 $0 $1,946,801.85 This item $624,195.00 $624,195.00 $1,248,390.00 BALANCE $1,668,669.13 $1,668,669.13 Fund(s): Water Fund Comments: The $624,195.00 financial impact shown above represents six (6) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $624,195.00 for the last six (6) months of the contract will be requested during the normal FY 2014-2015 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 - GERALD GOODWIN ITEM DESCRIPTION QTY UNIT 1 Liquid Aluminum Sulfate 13,000 Ton General Chemical Performance Products, LLC Parsippany, NJ UNIT TOTAL PRICE PRICE $96.03 $1,248,390.00 TOTAL: $1,248,390.00 BID TABULATION BID INVITATION NO. BI -0090-14 LIQUID ALUMINUM SULFATE Brenntag Southwest, Inc. Houston, TX UNIT TOTAL PRICE PRICE $159.80 $2,077,400.00 $2,077,400.00 GEO Specialty Chemicals, Inc. Little Rock, AR UNIT TOTAL PRICE PRICE $224.43 $2,917,590. 00 $2,917,590.00 Univar USA Corpus Christi, TX UNIT TOTAL PRICE PRICE NO BID NO BID AGENDA MEMORANDUM Future Item for the City Council Meeting of March 25, 2014 Action Item for the City Council Meeting of April 8, 2014 DATE: TO: March 25, 2014 Ronald L. Olson, City Manager FROM: Paul Pierce, Acting Assistant Director of Financial Services paulpRcctexas.com (361) 826-3164 Mark Van Vleck, Interim Director of Utilities Department markvvR cctexas. com (361) 826-1874 Supply Agreement for Hot Tap Fittings CAPTION: Motion approving a supply agreement with M.T. Deason Company, Inc., Birmingham, Alabama for hot tap fittings in accordance with Bid Invitation No. BI -0093-14 based on only bid for an estimated annual expenditure of $90,264.00, of which $45,132.00 is required for the remainder of FY 2013-2014. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2013-2014. PURPOSE: The fittings are used for tapping into existing pressurized natural gas lines in order to block off a section of line in need of repair or to add an additional line for new gas service. BACKGROUND AND FINDINGS: None. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. 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: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $359,382.55 $45,132.00 $404,514.55 Encumbered / Expended Amount $122,374.18 $0 $122,374.18 This item $45,132.00 $45,132.00 $90,264.00 BALANCE $191,876.37 $0 $191,876.37 Fund(s): Gas Fund Comments: The $45,132.00 financial impact shown above represents six (6) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $45,132.00 for the last six (6) months of the contract will be requested during the normal FY 2014-2015 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 - GERALD GOODWIN ITEM DESCRIPTION QTY UNIT BID TABULATION BID INVITATION NO. BI -0093-14 HOT TAP FITTINGS M.T. DEASON COMPANY, INC. BIRMINGHAM, AL UNIT TOTAL PRICE PRICE 1.0 1.1 1.2 1.3 1.4 2.0 2.1 2.2 2.3 2.4 Control Fittings Control Fitting - 2" Control Fitting - 4" Control Fitting - 6" Control Fitting - 8" Three Way Stopple Tee Fittings Three Way Stopple - 2" Three Way Stopple - 4" Three Way Stopple - 6" Three Way Stopple - 8" 200 each $46.90 $9,380.00 40 each $218.00 $8,720.00 15 each $391.00 $5,865.00 10 each $863.00 $8,630.00 180 each $97.30 $17,514.00 40 each $413.00 $16,520.00 15 each $723.00 $10,845.00 10 each 1,279.00 $12,790.00 TOTAL: $90,264.00 AGENDA MEMORANDUM City Council Meeting of March 25, 2014 DATE: TO: March 13, 2014 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds(a�cctexas.com 886-2603 Pick up procedures regarding small animal traps STAFF PRESENTER(S): Name 1. Floyd Simpson 2. Todd Green 3. Dr. M Draper 4. Heather Hedrick OUTSIDE PRESENTER(S): Title/Position Department Chief of Police Police Commander Police Veterinarian Animal Care Program Manager Animal Care Name Title/Position Organization 1. 2. 3. BACKGROUND: Presentation regarding the pick up procedures for small animal traps. LIST OF SUPPORTING DOCUMENTS: Power point presentation Animal Care Services Division Small trap Pickup Presentation Council Presentation March 25, 2014 Small trap Pickup •Practice of small trap pick-up changed Jan 1, 2014 o To focus on vital core mission elements o To better comply with current city ordinance o To conform with best practices •ACS continues to service small traps o City owned o $10.00 fee per trap o Privately owned o No fee o Must be delivered to ACS Murine typhus •Minor illness o Endemic to South Texas o Symptoms similar to influenza o 80% of the cases are "asymptomatic" o Easily and effectively treated with antibiotics o Transmitted by fleas, not opossums o Fleas carried primarily by rats, feral cats and other animals including opossums o Can only be contracted once o Reported cases in Nueces County avg. 40 to 65 cases per year ACS Calls for Service • Maximum Field Staff: 12.5 ACOs — Standard schedule: 18 hours per day, 7 days per week Total Calls Strays Bite Report Abuse Trap Opossums Reported Typhus cases 28,927 26,751 8,698 8,560 814 ,6 1,164 4,490 0 66 27,256 21, 201 9,554 8,132 608 1,099 1,193 63 Hours expended • If opossum is euthanized: Approximately 3 hours 3 hours x 3784 (avg per year) = 11, 352 hours = 5.5 FTEs Only certified ACOS or Shelter Vet can euthanize animals. • If opossum is relocated: Approximately 2 hours 2 hours x 3784 (avg per year) = 7,568 hours = 3.5 FTEs Effectiveness of Trapping Possums to Combat Murine Typhus "To eliminate murine typhus from Corpus Christi, the City would need to destroy all rats, opossums, dogs, feral dogs, cats, feral cats, and fleas. Basically any animal that might have fleas. This is an unrealistic approach." Source Ron Cornelison, TDSHS, Public Health Region 2 / 3 Zoonosis Control Specialist. What is effective? •Best protection is prevention o Remove any brush or trash o Eliminate hiding places o Do not leave pet food out o Prevent rodents from living under your house o Create barriers for nuisance animals o Do not entice stray animals into your yard o Treat your yard, pets, and house for fleas. o The flea is the typhus carrier: kill the flea, you stop typhus AGENDA MEMORANDUM for the City Council Meeting of March 25, 2014 DATE: TO: March 18, 2014 Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3464 UPDATE TO CITY COUNCIL Mowing Consolidation STAFF PRESENTER(S): Name 1. Michael Morris 2. 3. OUTSIDE PRESENTER(S): Title/Position Director Department Parks and Recreation Name Title/Position Organization 1. n /a 2. 3. BACKGROUND: Overview of the methodology, challenges, and recommendations for a consolidated mowing program for the City of Corpus Christi. LIST OF SUPPORTING DOCUMENTS: Powerpoint Solid Waste c cu t^ E • . , c„ . . . , . • . m,..,0 • . , • . tr.) .• .u i_6, , ,tw • . Storm Water Waste Water Methodology —Completed Collected mowing information from each Department to include current budget, staffing, equipment, schedules/frequencies/cycles, maps and addresses.. Collated and analyzed information received from Departments. Determined Departments whose mowing should be included in consolidation. Researched best practices - frequencies/cycles/mowing types/equipment/insurance. Methodology Developed recommendations and associated costs. Built recommendations to contract more mowing. Identify the equipment and the associated support staffing (contract administrators/inspectors) required to accomplish contracted/internal mowing recommendation. Identified potential cost savings opportunities. Challenges CHRISTA Portions of employees time (doing more than just mowing) - Fire, Gas, Solid Waste, Storm Water, Waste Water, Water Unusable/Unsellable Property -Engineering - unused/residual from right of way acquisitions Complaint Driven, not regularly scheduled - Gas (Regulator Sites), Neighborhood Services (Paper Streets), Waste Water (Lift Stations) Mowing Frequencies too infrequent due to resource constraints New properties added without a maintenance plan or resources Potential Savings CHRISTI Storm Water Right of Way Mowing - Development Agreements Water and Waste Water Plants - Natural Landscaping/Less Mowing Selling of Surplus Properties Parks - 27 on Repurpose List Others - Engineering, Neighborhood Services Recommendations CHRISTI Phase I April 2014 - September 2014 • Consolidate Mowing in Storm Water/Streets and Facilities with Parks and Recreation • Maintains current mowing frequencies • Includes current funding, manpower, equipment, offices and storage space Recommendations Phase II October 2014 - September 2015 Consolidate mowing of City Property from Engineering, Neighborhood Services, Police, Solid Waste (portions), Water (portions) and Waste Water (portions) • Add funding to establish or increase frequency cycles - "proactive vs. reactive" - $1,112,348 Further investigation and implementation of potential cost saving measures Recommendations CHRISTI Phase III October 2015 - October 2016 Evaluate progress and make necessary changes - frequencies, amount contracted, new properties acquired, etc. May or may not include additional funding request for FY17 Budget based upon evaluation Schedule Mowing Consolidation Plan 14 -Apr 14 -Oct 15 -Apr 15 -Oct 16 -Apr 16 -Oct Phase I Phase II Phase III For more information regarding this presentation or about the programs and services of the Corpus Christi Parks & Recreation, please call 361-826-3460 or visit our Web site. Live. Learn. Play! Visit www.ccpa rka nd rec.com AGENDA MEMORANDUM City Council Meeting of March 25, 2014 DATE: TO: FROM: March 20, 2014 Ronald L. Olson, City Manager Saundra K. Thaxton, Assistant Director of Strategic Management saundra@cctexas.com 361-826-3682 Assessment of the Efficiency and Effectiveness of the City of Corpus Christi Fire Department STAFF PRESENTER(S): Name 1. Saundra K. Thaxton 2. Robert Rocha OUTSIDE PRESENTER(S): Name 1. Travis Miller 2. Chris Carlson 3. Brian Goss Title/Position Assistant Director Chief Title/Position Project Director Subject Matter Expert Subject Matter Expert: NFPA 1710 Department Strategic Management Fire Organization MGT of America, Inc. MGT of America, Inc. Subcontractor to MGT BACKGROUND: MGT of America, Inc. will present the results of the Assessment of the Efficiency and Effectiveness of the City of Corpus Christi Fire Department. The report was organized around 11 specific questions and included reviewing service demands and responses to demands, distribution of resources, response performance, etc. A specific purpose was to describe how the City of Corpus Christi Fire Department can best meet its mission while cost-effectively delivering services. This study was conducted as part of the City's overall continuous improvement program to periodically review and improve City operations. LIST OF SUPPORTING DOCUMENTS: PowerPoint & Report: Assessment of the Efficiency and Effectiveness of the City of Corpus Christi Fire Department Assessment of the Efficiency & Effectiveness of the City of Corpus Christi Fire Department City Council Presentation March 25, 2014 Overview of Review Process • Annually select departments or services. • Do assessments: identify gaps & benchmark. • Departments develop & implement an Action Plan to close competitive gap. • Action Plans are integrated into Annual Business Plans. • To provide accountability, departments will be periodically reassessed. Fire Department General objectives of review: • Assess overall efficiency and effectiveness of operations, including results of benchmarking. • Review service demands and responses to demands, distribution of resources, response performance, and reasonableness of costs. • Identify specific recommendations to close the gaps identified. Fire Department Specific objective of review: • Determine how the Fire Department can best meet its mission while cost-effectively delivering services. • Provide answers to 11 specific questions. MGT America, Inc. Travis Miller, Project Director Chris Carlson, Subject Matter Expert Brian Goss, Subject Matter Expert, NFPA 1710 Robert McNally, GIS Expert Overview • 80% of the CCFD's workload is medically related (2,850 medical calls per month compared to 80 fire calls per month) while FF's can opt out of paramedicine. • There continue to be artificial distinctions between `operations' and `medical calls.' • Station locations, deployment and staffing are appropriate. • Significant issues with CCFD fleet and fleet maintenance facility. • Need to position the City to address future challenges - this includes the collective bargaining agreement. • Significant technology gaps and lapses will need to be addressed. Q1. What is the best way for the Department to be organized to efficiently and effectively provide responses to EMS and Fire calls for service? • Work to erase lines between EMS and `operations.' • Eliminate distinction between EMS Captain & Battalion Chiefs. • Expand roles of Battalion Chiefs to include roles of EMS Captains. • Contract for physicians assistant or nurse practitioner for program oversight. • Eliminate Assistant EMS Director. • Rebrand the Fire Department: — Focus on broader mission — "Emergency Services Department" — "Medical, Rescue and Fire Department" Q2. Should the department consider alternative delivery models for services provided? • Dynamic deployment of ambulances to address peaks in activity. • Re -locate Battalion Chiefs to enhance response and management coverage. • Fully implement emergency medical dispatch (EMD) in MetroComm. • Adjust response time objectives according to criticality. • Re -focused public education on alternatives to 911. Peak Load Analysis: Demand by Service by Hour of Day 25 15 Current Men ie Units II Current Fire Units MedicLJns Needed #Fire Units I eeded 3 4 5 6 7 S 9 10 11 12 1,6 17 IS 19 20 21 22 23 21 CCFD Response Performance Turnout Time 99th PCTL Average 99th PCTL 99th P( 5:00 5:00 1:00 NFPA 1710 5:00 5:00 1:20 5:05 7:28 3:48 6:08 5:25 8:27 1:28 1:09 250 200 T 0 t a 150 I n c i 100 d e n - _ t s 50 i �,• X 7. a.• 0 a 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Total Incidents of Concurrency by Station by Hour of Day ®Station 1 E Station 2 A Station 3 X Station 4 X Station 5 0 Station 6 -= Station 7- Station 8= Station 9 *Station 10E Station 11 A Station 12A Station 13X Station 14 Station 15 - Station 16 Station 17 A Hour of Day 18% 16% 14% 12% 10% 8% 6% 4% 2% 0% CLosest Station Area Workload by Hour of Day 0 El A2 X3 X4 05 +6 7 8 9 10,11 X121314+15 16 17 18 19 ..,,, 20 21 ` 22 - 23 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Station Q3. Are stations optimally located? • No need for additional station or stations at this time. • Continued growth will demand periodic station location/ deployment assessments. Corpus Christi, Taxa fire Larsi Una T ncident Densitv Corpus Christi, Texas $- City Fire Stafions Airports City Limit Line Demand Incidents per SgMi <150 151 - 400 I :_. 401 - 750 751 - 1,225 1,226 - 2,378 4 Q4. Can efficiency and effectiveness be improved through changes in apparatus configuration and deployment, including use of quints? • Continue to utilize current vehicle classifications. • Shifting to quints or other `alternative' units is not justified at this time. • Continue utilizing the Type I ambulances. • SUV's and other optional vehicles add to operational and capital expense. uint Truck Side Mount Pum er Truck Ladder Truck Q5. Can improvements be made in efficiency and effectiveness of apparatus maintenance? • Current CCFD fleet maintenance facility was intended to be used as a warehouse. • Current facility is not suitable for maintenance. • Pursue co -located facility with City fleet maintenance operations. • Technicians should receive formal certifications. • Develop comprehensive apparatus and vehicle replacement plan. • Consider bonding for fire vehicles. • This is consistent with findings documented in the Mercury study. Q6. Can the City improve Insurance Services Office (ISO) rating and if so what needs to be done? • Fewer than 1% of communities have an IS rating of 2 or 1. • The City could make improvements that could potentially improve the ISO rating. • These improvements would be very costly - difficult to justify in the face of other needs. • State of Texas reports that a move from an ISO - 2 to an IS0-1 would result in no savings for taxpayers. • Fire Department and Water Utilities are discussing transitioning hydrant maintenance back to Water Utilities. Q7. Are there opportunities to reduce personnel costs by increasing relative use of civilian personnel to perform duties currently done by sworn personnel? • Collective Bargaining Agreement enables the City to use civilians in most non -operational roles. • Opportunities exist to civilianize several positions (EMS Supplies, SCBA Maintenance, etc.). • Estimate savings: $50k per year. • Ability to use civilians in some non -fire operations roles will become more important in the future. Q8. Is the City making best use of training available from Del Mar College? • Hiring process should coincide with the graduation of FF/EMS trained cadets from Del Mar. • Overall hiring process should be examined for improvement & speed. • Consider contracting with Del Mar for all continuing education /new cadet training for CCFD. • Work with Del Mar to enhance the on-line learning experience. • Form a `learning council' comprised of staff to ensure that the CCFD incorporates lessons learned into training programs. Q9. What needs to be done now to prepare to meet fire service needs over the next decades? • Enhanced technology in the Department and in the City. • Improved human resources: recruiting, hiring, training, and retaining staff. • Integration with broader community health initiatives in recognition of the CCFD's role in a holistic approach to health and safety. • Address organizational structure and focus to recognize increasing role of EMS. • Improved utilization of data, management reporting, and analysis in staffing, deployment and operations. Q10. Is the Fire Department using appropriate measures for the City Performance Report? • Averages should be supplemented with fractal performance. • Where possible, express data as a factor of the population (i.e., fires/1,000). • Outcome measures as well as program measures. • Given scope of EMS services, include EMS outcomes (i.e., % of cardiac cases with return to spontaneous circulation) . O O cry Cn c� cry u W W W W Ul) C) a� C, U a� � zi C) 4 Q O O r4 � u 5 Fire Chief's Response • Concurs with many of the recommendations made by MGT America, Inc. • An Action Plan has been developed to implement recommendations • Recommendations will enhance operations & incorporate EMS & Fire command into a unified structure Fire Chief's Comments Question 1 - Fire Department Efficiency • Emphasize the emergency medical response mission of the department • Convert EMS Supervisor (C623) from Captain to Battalion Chief rank • Rebrand the department to better define the mission Fire Chief's Comments Question 5 - Fleet Maintenance • Develop plan to integrate facilities/operations into the City Plan • Integrate fire vehicle replacement plan into an overall City Capital Equipment Replacement Plan Fire Chief's Comments Question 7 - Duties/Responsibilities of Uniform Personnel • Evaluate all Fire Department Support positions Fire Chief's Comments Question 9 - Long Term Planning • Seek formal Fire Department accreditation - CFAI • Evaluate the adequacy of current technology • Review organizational structure & modify to match mission Action Plan - Example City of Corpus Christi FIRE AlPlan j Actual (beyond plan) PERIODS (May is 1, June 2, etc.) Draft Implementation Plan Plan _ Plan _ Actual _ Actual _ Percent Actual %Cc l%Cc Start _ Duration _ Start _ Duration _ Complete _ 1 2 3 4 5 6 7 8 9 10 11 1. Fire Department Efficiency 2. Alternate delivery models la !Eliminate the shift -supervision distinction between EMS and Fire_ by re-classifying the EMS Captain position into a Battalion Chief! ;position. lb !Strengthen the responsibility of Battalion Chiefs to include on-! _scene supervision of EMS calls (life threatening and otherwise). !lc !Eliminate the Assistant EMS Director position and replace with! !position described immediately below. 1d Provide additional funding to the Medical Director to retain a !Nurse Practitioner or Physician's Assistant to provide day-to-day! _clinical oversight of the EMS providers in the Department. !le !Re -brand from the Corpus Christi Fire Department to the Corpus! !Christi Medical, Rescue and Fire Department (or, alternatively, the! _Corpus Christi Emergency Services Department). !2a !The effectiveness of the Fire Department could be improved by! !employing some form of dynamic deployment as it relates to the! _demand for EMS Services during peak hour demand. 2b 1The Battalion chief positions should be relocated and enhanced to! !improve span of control, EMS/Medical Supervision and first alarm! !assembly geographic coverage. 12c !Fully implement Emergency Medical Dispatch (EMD) protocols and! !continue to evaluate and evolve response alternatives currently!_ _employed by the CCFD. 2d !Response time performance objectives should also be adjusted! _based upon criticality. !2e !A public education program to educate the public about the! !correct use of emergency resources may aid in the reduction of! l non-critical calls for service. Our findings indicate that there is no! !need for a new station at this time. Future growth and! !development will require this to be re-examined. Questions ASSESSMENT OF THE EFFICIENCY AND EFFECTIVENESS OF THE CITY OF CORPUS CHRISTI FIRE DEPARTMENT MARCH 20, 2014 MGT OF AMERICA , I N C . SUBMITTED BY MGT OF AMERICA,INC. TRAVIS MILLER TMILLER @MGTAMER.COM (850)386-3191 TABLE OF CONTENTS EXECUTIVE SUMMARY.......................................................................1 QUESTION I -WHAT IS THE PEST WAY FOR THE DEPARTMENT TO BE ORGANIZED TO EFFICIENTLY AND EFFECTIVELY PROVIDE RESPONSES TO EMERGENCY MEDICAL SERVICE CALLS AND FIRE SERVICE CALLS?..................................................6 QUESTION 2 - SHOULD THE FIRE DEPARTMENT I f CONSIDER ALTERNATIVE SERVICE DELIVERY ii MODELS FOR ANY SERVICES CURRENTLY PROMCEC ?........................................................................................... 12 QUESTION 3 -ARE FIRE STATIONS CURRENTLY OPTIMALLY LOCATED?.................................................................. 17 QUESTION 4 - CAN EFFICIENCY AND Aj EFFECTIVENESS BE IMPROVED THRU CHANCES IN APPARATUS CONFIGURATION AND DEPLOYMENT, INCLUDING USE OF QUINTS?...................... 19 QUESTION 5 - CAN IMPROVEMENTS BE MADE IN THE EFFICIENCY AND EFFECTIVENESS OF APPARATUS MAINTENANCE?......................................................20 QUESTION 6 - CAN WE IMPROVE OUR ISO RATING AND IF SO WHAT NEEDS TO BE DONE?..............22 QUESTION 7 -ARE THERE OPPORTUNITIES TO REDUCE PERSONNEL COSTS BY INCREASING THE RELATIVE USE OF CIVILIAN PERSONNEL TO PERFORM DUTIES CURRENTLY PERFORMED BY SWORN PERSONNEL? QUESTION 8 - FOR FIRE CADET TRAINING IS THE CITY MAKING BEST USE OF TRAINING AVAILABLE FROM DEL MAR COLLEGE AND ARE THERE OPPORTUNITIES TO IMPROVE THE COST EFFICIENCY OF THE CITY'S FIRE ACADEMY? ARE THERE OPPORTUNITIES TO MORE EFFICIENTLY PROVIDE ON-GOING FIREFIGHTER AND PARAMEDIC QUESTION 9 -WHAT NEEDS TO BE DONE NOW TO PREPARE TO MEET FIRE SERVICES NEEDS OVER THE NEXT DECADES? 28 QUESTION 10 - IS THE FIRE DEPARTMENT USING APPROPRIATE MEASURES FOR THE CITY PERFORMANCE REPORT (CPR)? 32 QUESTION I I -ARE THERE ANY PROVISIONS IN THE COLLECTIVE BARGAINING AGREEMENT THAT ARE DETRIMENTAL TO THE EFFICIENT OPERATION OF THE DEPARTMENT OR SHOULD BE CONSIDERED FOR MODIFICATION? 34 QUESTION 2 -APPENDIX 37 QUESTION 3 -APPENDIX 45 BENCHMARK INFORMATION - APPENDIX 72 EXECUTIVE SUMMARY This report reflects the findings and recommendations of the project team of MGT of America (MGT) who was retained by the City of Corpus Christi following a competitive request for proposal and selection process to conduct a study on the Effectiveness and Efficiency of the City of Corpus Christi Fire Department, and to make recommendations on positioning it effectively to meet the future needs of the community. The results found in this report represent over five months of data gathering, analysis and evaluation by a project team comprised of professional consultants and subject matter experts. During this time, system participants and stakeholders were interviewed and data collected. Interviews were conducted with line staff, administrative staff, and command staff of the fire department. In an effort to gain a fuller understand the issues facing the City, members of the planning staff, City Information Technology and MetroComm were interviewed. Multiple opportunities were provided for the leadership of the Firefighters Union (IAFF Local #936)to participate and they were also interviewed. Data was collected directly from the Computer Aided Dispatch System utilized by the City as well and the Records Management System that contains data on training, detailed incident and property management information. A steering committee was formed including City Manager, Assistant City Managers, Fire Chief and other City staff for purposes of providing governance over the project and assisting in the acquisition of needed data and information. Based on the scope of services from the Request for Proposal (RFP)this project is focused on 11 specific questions that were identified by the City as being particularly meaningful. These questions include: 1. What is the best way for the Department to be organized to efficiently and effectively provide responses to EMS and Fire calls for service: 2. Should the department consider alternative delivery models for services provided? 3. Are stations optimally located? 4. Can efficiency and effectiveness be improved through changes in apparatus configuration and deployment, including use of quints? 5. Can improvements be made in efficiency and effectiveness of apparatus maintenance? 6. Can the City improve ISO rating and if so what needs to be done? 7. Are there opportunities to reduce personnel costs by increasing relative use of civilian personnel to perform duties currently done by sworn personnel? 8. Is the City making best use of training available from Del Mar College? 9. What needs to be done now to prepare to meet fire service needs over the next decades? 10. Is the Fire Department using appropriate measures for the City Performance Report? 11. Are there provisions of the CBA that are detrimental to the efficient operation of the department or should consideration be made for modification? MGT Page 1 After a comprehensive review and analysis it is important to note that the Fire Department does an exceptional job in delivering services to the City of Corpus Christi. The professionalism and dedication of the men and women of the Department and its leadership are exemplary and representative of best practices in many instances. The review has resulted in 28 recommendations focused primarily on the questions identified above. These recommendations are summarized in the table below with more comprehensive discussion and analysis in the body of the report and its associated appendices. CII II Y 0l= COIRIPUS CII-UIRIIS II Il S11 UIDY 20.1..4 SUIMIMAIRY OIf=SIf1II:::CIIIf=11C IRl::::COIMIMl:::INl.)AII IONS 1a Eliminate the shift-supervision distinction between EMS and Fire by re-classifying the EMS Captain position into a Battalion Chief position. 1b Strengthen the responsibility of Battalion Chiefs to include on-scene supervision of EMS calls (life threatening and otherwise). 1c Eliminate the Assistant EMS Director position and replace with position described immediately below. 1d Provide additional funding to the Medical Director to retain a Nurse Practitioner or Physician's Assistant to provide day-to-day clinical oversight of the EMS providers in the Department. 1e Re-brand from the Corpus Christi Fire Department to the Corpus Christi Medical, Rescue and Fire Department (or, alternatively, the Corpus Christi Emergency Services Department). 2a The effectiveness of the Fire Department could be improved by employing some form of dynamic deployment as it relates to the demand for EMS Services during peak hour demand. 2b The Battalion chief positions should be relocated and enhanced to improve span of control, EMS/Medical Supervision and first alarm assembly geographic coverage. 2c Fully implement Emergency Medical Dispatch (EMD) protocols and continue to evaluate and evolve response alternatives currently employed by the CCFD. 2d Response time performance objectives should also be adjusted based upon criticality. 2e A public education program to educate the public about the correct use of emergency resources may aid in the reduction of non-critical calls for service. Our findings indicate that there is no need for a new station at this time. Future growth and development will require this to be re-examined. 3a Our findings indicate that there is no need for a new station at this time. Future growth and development will require this to be re-examined. 4a Maintain the current type, size and configuration of trucks, engines and ambulances will provide a firefighting/pumping capacity generally consistent with the levels of service provided today. Maintaining the larger Medium Duty/Type I ambulances currently utilized by the department. Sa Co-Locate a new and needed fire apparatus maintenance facility with a larger facility serving the needs of the entire City fleet. Given the special, complex and unique nature of fire apparatus and their components. MGT Page 2 5b Fire fleet maintenance staff should be certified as Emergency Vehicle Technician/Fire Apparatus Mechanics. Position descriptions should reflect this need and the City should consider this as a minimum qualification for future employment requirements. Sc The Fire Department should adopt a comprehensive and strategic apparatus needs plan as it currently faces a significant vehicle replacement challenge with the age of its fleet. 6 Given the expense, and the fact that the Texas DOI reports that homeowners will save 0% on their fire insurance from such a change, MGT does not recommend pursuing an improvement in the ISO PPC for the City of Corpus Christi from PPP-2 (current)to PPC-1. 7 City and Department can achieve significant 'opportunity cost' savings by utilizing civilians in support roles currently filled with safety personnel and redeploying those personnel to their primary mission. 8a The existing 'Alternative Hire' process could be improved with greater coordination of the hiring cycle with the Graduation of Firefighter/Paramedics from the Del Mar Fire Technology program. 8b The Fire Department, City Human Resources and College Staff should conduct a comprehensive review of the overall hiring process that includes the college and faculty roles. 8c Contract with Del Mar College to develop and integrate adult learning models into curriculum for both Continuing Education/Line and initial cadet training. 8d Work cooperatively with the college to improve existing on-line training mechanisms to include contemporary adult learning techniques. 8e Form a 'Learning Council' comprised of Fire Department members and professional educators from the college to evaluate and construct training plans and priorities based upon review of identified gaps in performance. This will provide: A). A needed closure of the feedback loop from 'after-action reviews' and performance reviews through design and implementation of training interventions, and B) A mechanism for a systematic review and audit of the current training program with a focus on creating results/performance based metrics of training efforts and enhanced relevance of training experiences. 9a Enhance Technology — Specifically, develop more effective mobile and tablet applications for enhanced data exchange and management effectiveness across all areas of the operation. Additional data integration both across city departmental boundaries (intra- organizational) and with external stakeholders or partners including the health care delivery and public safety infrastructures. Additional technology including the application of bar-coding or RFID will assist the Fire Department with everything from inventory management to fire ground safety management. 9b Enhance Human Resource Selection, Development and Retention—The Department would benefit from a concentrated and renewed focus on human resource development and retention. Elements to be included are an evaluation of currently needed skills, knowledge and abilities reflective of the current and future delivery needs of the organization, a comprehensive wellness and safety culture including the implementation of physical fitness evaluations and programs, incentives for targeted education, clearly defined succession planning and on-going/continuous learning with closed feedback loops to integrate new practices and procedures into the organization on a systemic basis. MGT Page mum= I 9c Enhance integration with Community Health and Population Health Management Initiatives -This will allow the department to play an appropriate and value adding role in the on-going redefinition of community health care delivery especially as it relates to the utilization of EMS resources. 9d Alter Organizational Structure and Supporting Systems to meet current and future demands—As the department continues to evolve from a traditional fire response agency to a multi-functional, key resource within the overall fabric of community health and safety, the systems and structures that support its operations must also evolve. Specifically, the organization must structure itself in a more coordinated and seamless manner, eliminating the vertical silos that now exist between EMS, Operations, Fire Prevention and Training. The flexibility required to respond to the rapidly changing environment in which the department finds itself requires a workforce and workplace rules that are fair as well as flexible, allowing the organization to meet the changing needs and expectations of the community. 10a Management Reporting and CPR Integration - All 'AVERAGE' Response times should be supplemented such that data are also reflected on a fractile basis. Goals should be reflected by response time standards expressed on a basis of 90% compliance. By way of example: Time of first arriving unit after dispatch to structure fire calls shall be 4 minutes and 8 seconds or less for 90%of all such calls responded to. 10b All data points should be additionally reflected on a per capita or other percentage basis based upon some logical denominator. This provides a common and meaningful measure of performance across time normalizing for changes in the environment. Thus, 'Number of Structure Fires' should be additionally described by the metric 'Structure Fires/1,000 Population. 10c Specific 'output' or' results based measures' should be included. By way of example, 'Number of Citizens in attendance at fire safety presentations' is an activity measurement — but a true measure of desired outcome should be reflected as well. Based upon meaningful analysis of fire or community health issues, goals and related measures impacting the community in meaningful ways should be included. These might include: Reduction in drowning incidents to a level below 5 per 100,000 Population or Reduction in arson fires to a level below 0.5 per 1,000 population. 10d Specific EMS Performance Goals should be included based upon the needs of the Medical Director. Examples of these might include: 'Percentage of full cardiac arrest events obtaining Return of Spontaneous Circulation (ROSC) prior to arrival at hospital' or 'Percentage of cases presenting outside of normal vital sign limits presented to the ER within normal limits or stabilized.' 11a Article 2 / Section 3 provides that current or past working conditions not specifically mentioned in the contract remain in full force and cannot be diminished during the term of the agreement. Eliminate the reference to past working conditions entirely from the contract. This language could be used to slow down or block needed changes in the Fire Department. 11b Article 4/Section 3 provides that overtime is calculated on specific rates and times. These should be reviewed with City human resources for whether they maximize the City's benefit under FLSA 7(k) exemptions. Staff should be compensated for overtime based on allowable rules. MGT Page 4 m ® m 11c Article 4/Section 7 and Article 7/Section 4 contain language which appears at odds with the donation of Personal Leave by all union members to support the non-line work of the union president. Clarify that staff in the union who are donating Personal Leave to the union president should have to take 8PL/16VL for their third shift off. 11d Article 5 / Sections 1-3 detail the fact that compensation for EMS (and other specialties) is linked to holding the certification, rather than performing the tasks. The City should link compensation to performing the job. Perhaps by compensating by the shift worked on the ambulance or on a paramedic fire unit (higher pay for ambulance work). 11e Article 6 / Section 1 and Article 6 / Section 2 allow firefighters to opt-out of paramedic status after 8-year term. They are required to serve a minimum of five years in 'EMS service'. No ability to require skill maintenance — i.e., staff can opt out of working on the ambulance. Make EMT status a condition of employment for all staff. Make paramedic status a condition of employment for all non-driver firefighters. Serving on ambulance a shared duty for line staff — remove opt out provisions. Add a requirement that all paramedics must work the number of shifts not less than that designated by the Medical Director. Need flexibility for now and for the future. Avoid specific duties or assignments. 11f Article 8/Section 1 identifies several support classifications that can be filled with civilians rather than with certified firefighters. There is no allowance for operational positions. Alter the language allowing for the use of civilians in any 'non-firefighting' task. The specific objective should be to gain the flexibility to utilize civilians in staffing EMS-only units, including those assigned to 'community para-medicine,' peak load ambulances, and 24-hour staffed ambulances. MGT Page 5 QUESTION I - What is the best way for the department o be organized to efficiently and effectively provide responses to emergency medical service calls and fire service calls? A114SWIEE1111 The current organizational structure of the Corpus Christi Fire Department (CCFD) contains vestiges of the transition that the Department has gone through over the past decades to move from a fire department to an emergency services department responsible for a wide range of (non-law enforcement) public safety programs. The Fire Department's organizational structure should be modified in order to remove the historical distinction between fire and EMS that has been built into the command structure, policies and procedures, unit assignments, deployment and the collective bargaining agreement. The current organizational structure of the CCFD institutionalizes the administrative dichotomy between the delivery of fire / technical rescue services (traditional) and emergency medical services ('contemporary') which now make up the vast majority of workload in the Department. The City and the Fire Department should pursue several changes to enhance the efficiency and effectiveness of medical and fire service delivery in the City of Corpus Christi. These changes include: • Eliminate the shift-supervision distinction between EMS and Fire by re-classifying the EMS Captain position into a Battalion Chief position. • Strengthen the responsibility of Battalion Chiefs to include on-scene supervision of EMS calls (life threatening and otherwise). • Eliminate the Assistant EMS Director position. • Provide additional funding to the Medical Director to retain a Nurse Practitioner or Physician's Assistant to provide day-to-day clinical oversight of the EMS providers in the Department. • Re-brand from the Corpus Christi Fire Department to the Corpus Christi Medical, Rescue and Fire Department (or, alternatively, the Corpus Christi Emergency Services Department). These options are discussed further in the following section of our report. E.::IM S CA if,"'rAIIIN S AINII I3A"'r""rAll..II0IN C11 1I 1I E.::IF: Currently, the CCFD operates with a system of three (3) Battalion Chiefs and one (1) EMS Captain operating in supervisory roles for the shift. The roles between the two functions both vary and cross one another, based on interviews and observations. Further, there is organizational inconsistency as to the reporting and oversight relationships for the EMS Captains, as shown in the organization chart --this chart reflects the current operational reality. MGT Page There are a number of |eaa than optimal reporting relationships (as designed vs. as implemented) in this area of significant service delivery. c u iR: iR: l::.:iN r COMMAIM) s ml:::I:::� s riR: UCTUIR: l:::"� Asst. ie Asst. Chief Asst. Chief Asst. Chief Operat ons Special Services Fire Marshal Shift Battalion Chiefs (9) The table, below, provides a summary of the primary roles and responsibilities of the two positions. Battalion Chief * Staffing and deployment of shift resources. * Responses limited to major incident command and control (structure fires, multiple unit accidents,technical rescue and HazMat). * Supervision of Captains and their fire / EMS units assigned within each of 3 Battalions. * Significant administrative responsibilities for specific functional areas within the department as well as time and payroll, scheduling, quality assurance, and intra-cirganizational communication EMS Captain * Supervision of the ambulance crews assigned to their shift — including working to expedite their return to ready status. * Responsible for overseeing re-stocking of controlled substances. * Review of run reports for basic compliance with medical protocols. Our interviews, observations and review indicate that there is little that the EMS Captains do that cannot be done by Battalion Chiefs. The supervision of the EMS function is as example of the administrative dichotomy referred to earlier. Observation and discussions with Battalion Page MGT �� Chiefs and EMS Captains indicate that tasks related to the functioning of EMS operations are often prioritized lower than other supervisory tasks more consistent with fire and rescue operations. Given that over 80% of calls for service are EMS in nature, the current demonstrated priorities cannot continue. We also observed that currently the geographic and units per Battalion Chief is on the upper end of acceptable in terms of response times and ability to properly oversee staff in training, operations, and support services. Therefore, we recommend that the City and the Fire Department convert the current EMS Captain position into a fourth Battalion Chief on each shift. This will require the Fire Department to take the following steps: • Reconfigure the battalions from three to four. • Alter the expectations for shift Battalion Chiefs to include more frequent interaction with their units. • Define specific roles for various Battalion Chiefs. For example, it might be sensible to assign the Battalion Chief who has the hospitals to be responsible for ensuring that EMS units are being expeditiously returned to service, and, if necessary, to oversee the wasting and replacement of controlled substances. • It should also be made clear that if that Battalion Chief is committed, any other Battalion Chief can be called upon to oversee wasting and replacement of controlled substances. • Formally designate a senior Battalion Chief on each shift to serve as the 'first among equals' to make intermediate level decision making at a peer level on those Battalion Chief level decisions that cannot be agreed upon by the peer group, but should not be appropriately escalated to the Assistant Chief. This will also provide some recognition of the heavier workload and responsibility of Chiefs responsible for scheduling and serving as the direct administrative conduit of Battalion 1. • Increase Battalion Chief involvement in responding to and supervising EMS calls for service, to include the following: — Respond to all working cardiac, drowning and other similar threat-to-life calls. — Calls with an expected significant delayed response by the ambulance. — Respond to all car accidents with injuries, extrication or other hazardous circumstances (i.e., the incident is on a high-speed roadway). — Respond to all incidents where law enforcement is on-scene as well. — Respond to randomly selected less serious calls for service to observe medic / EMT interaction with patients. — Make follow-up contact with families of patients to determine whether the level of service provided met expectations. With medical calls making up such a significant proportion of the workload in the Department, it is more than reasonable to expect that front line supervisors will be assigned to respond to MGT Page calls for service to ensure that targeted levels of service are being provided. Battalion Chiefs can also make decisions, in conjunction with the medics on scene, regarding return of units to service and other key management decisions. ASSII s"'r A IN"'r ii::.::ims II:::;�II Ilk II::::C"'r O Ilk Like the EMS Captains, the Assistant EMS Director is caught between two command structures. This position reports to both the Medical Director Physician (a contract position which is outside the command structure of the Department, but which holds the licensure authority for all medics and EMTs in the Department) and the Assistant Chief for Operations, Deputy Chief and Chief. The Assistant EMS Director is responsible for overseeing the emergency medical services program in the Department — as if it were a separate and distinct function from the Operations functions of the Department — a vestigial arrangement stemming from the early days of introducing EMS into the Department and the resistance to that change that was harbored by staff at the time. The primary focus of the Assistant EMS Director is to serve as the day-to-day overseer of the EMS program, to interface with the EMS Captains, Paramedics, EMTs and the Medical Control Physician and to ensure that protocols are being followed, and that new ideas are effectively researched prior to implementation. With a realignment of Battalion Chief responsibilities on shift, there is no longer a need to have an Assistant EMS Director in its current form, overseeing EMS as if it's a separate program from Operations — EMS is Operations in the modern Corpus Christi Fire Department. There is no longer a distinction between those who 'do EMS' and those who do not. What is needed is more focused clinical attention on EMS service delivery, protocol compliance and training. This can be better provided by a civilian position who holds a high level of medical authority than do the paramedics, who is not in the direct chain of command with the shift Battalion Chiefs. This change eliminates the question about who works for which part of the organization and also enhances the medical oversight by the Medical Director. MGT Page ��COIMIMl:..:.INl'.,' COIMIMA�� s rAll:::1:::� s ril:WCTUIRI:::`� ---------' Medical Director L -----------N u--r--s---e------------- Asst. Chief Asst. Chief Asst. Chief Asst. Chief Practitioner, A tion Special Services Fire Marshal Shift Battalion Chiefs (12) The advantages to this re-organization proposal are summarized below: • It provides greater organizational efficiency and alignment by redefining an Assistant EMS Director role that exists outside of the clearly defined rank structure of the department. • It provides an independent clinical review component and enhances quality assurance efforts. Independence of the quality review function has been identified as a beat practice within high performance EMS systems • It makes the span of control of the Battalion Chief more acceptable while recognizing the practical realities of the current service demands and the organizational response to those needs. IN IM E.:� C 11 1�A IN G E:"� The Corpus Christi Fire Department has long history ofproviding dedicated life and property- saving services tothe community. The City may want to consider, as have others, a change of name to reinforce to the community and the staff the wide range of services provided by the Department. A review of the names found in other 'metro' agencies include the following examples: • Fire Rescue Department • Fire & Rescue Department • Emergency Services Department • Fire, Rescue & Emergency Services Department • Fire Medical Department The project tearnreoornrnendathattheCityoonaiderahiftingthenarnetoaornething |ike: * Corpus Christi Medical, Rescue and Fire Department Page 10 MGT �� ® Corpus Christi Emergency Services Department Both of these names capture a broader range of services, and send the message to both the community and the staff that 'fire' alone is not the focus of the agency. Page 11 MGT QUESTION 2 - Should the Fire r° consider alternative service delivery models for any services currently provided? A II IIE III1 Yes. The effectiveness of the Fire Department could be improved by employing some form of dynamic deployment as it relates to the demand for EMS Services. Additionally, alterations in station deployment would improve overall response time and staffing delivery performance. The Battalion chief positions should be relocated and enhanced to improve span of control, EMS/Medical Supervision and first alarm assembly geographic coverage (see Question 1). Overall effectiveness can and should be improved by alternative methods of managing EMS call demand including the implementation of Emergency Medical Dispatch (EMD) protocols and a continuing evaluation and evolution of response alternatives currently employed by the CCFD. This may include the evolution and refinement of the current dispatch algorithms to improve on the impressive concepts involved in identifying response time performance and call acuity in areas deemed acceptable or desirable by the medical director. In conjunction with the implemented EMD Program the Fire Department should implement response policies that are consistent with the various levels of medical acuity, including various levels of priority response, some of which include limiting the use of warning devices during response to less critical incidents. Response time performance objectives should also be adjusted based upon criticality. II:::;�Y IN A IM II C II::)II::IP 11 O Y IM II::IN"'r O l: C u Ilk Ilk If:::IN"'r Ilk If:::s O u Ilk C If::: Elsewhere in this report, it has been determined that EMS type calls account for the majority of the service demand within the city. It has also been determined that regardless of call type, there is a change in volume of demand depending upon the time of day'; notably increasing during daylight hours. While the CCFD utilizes a static staffing deployment model with personnel working 24-hour shifts, it is worth examining if peak load staffing is a viable alternative. To determine the apparatus needs by the time of day based upon recent workload, a baseline analysis was conducted utilizing the demand for calls for service by station hour by hour of day. i Comparatively,there is not significant change in volume monthly or by day of week. Page 12 MGT The factors of high vahabi|itvofdernand 6v time of day and possibility of simultaneous events occurring within the system creates a high degree of variability in the ability to meet that demand in the current system design. The preceding table illustrates the total oa|| demand for EMS by hour throughout the system. Aa can be seen, the current total of scheduled and staffed units exceeds the demand for services for each hour when viewed as an entire system. When the demand is adjusted upward to take into account calls traversing over two hourly periods (in other words although system response capability is measured in specific hour segments, demand for services can occur at any point within that hour segment and requires the commitment of those resources into the next hourly block) the total system still has enough capacity to meet overall demand. There are, however, specific geographic station areas that experience concurrent call demands and a system design must be deployed to meet the service requirements in these areas. Given that the current expenditures result in a total resource commitment to meet demand, the issue becomes utilization of these resources in a way that meets community expectations. A reasonable industry standard for EMS Response ia the ability to respond to 90Y6 of calls for service within a 6-minute travel time. Currently the City level of service is a response time of 8 minutes and 27 seconds to 90% of all emergency calls for service. The table below summarizes the response performance by CCFD through 2013: Average 90th PCTL Average 90th PCTL Average 90th PCTL Average CCFD,Goal 5:00 5:00 1:00 Ovetall 5:05 7:28 3:48 6:08 5:25 8:27 1:28 Fire Units Page 13 MGT �� It is interesting to note that the response time for EMS calls at the 90th percentile is 8:27 while the response time for fire calls at the 90th percentile is 6:08. This is occurring while the turnout time for fire calls exceeds EMS calls by 19 seconds. A substantial portion of this variation is a function of concurrent calls occurring within easily identifiable areas. In order to maintain or improve this standard, the City can either 1) increase the resources available during certain, peak times of the day, 2) dynamically deploy current ALS/Transport resources based on demand and probability of service demand, or 3), a combination of the two. The graphic below illustrates the likelihood of concurrent calls within each station area over a given day. Specific hour-by-hour data for each station is attached as Question 2 Appendix of this report. Total Incidents of Concurrency by Station by Hour of Day *Station 1 NStation 2 #Station 3 X Station 4 X,Station 5 *Station 6 -F Station 7 -Station 8 Station 9 '. ®Station 10M Station 11A.Station 12 ::Station 13 '.Station 14 Station 15 Station 16 Station 17 '.. 250 200 T �..... o t a 150 � n C i d 100 e mm mm n t S ® mm 50 ul e' ® ® uuuiiiii X a .. ... " 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 H ou r of Day The most efficient system design utilizes existing resources and deploying them in a manner that maintains or improves overall response time while also maintaining acceptable levels of risk for the overall community when other resources are otherwise committed on incidents. It is important to note that this model of'dynamic deployment' is not consistent with the current staffing plans, protocols, or operations of the Fire Department. Because the total system resources currently exceed the total demand for services on an hourly basis, we cannot recommend acquisition of additional resources as a first option. The Page 1 MGT redeployment of existing resources to areas of high concurrent activity based on historical demand patterns will provide reduced response times. However, this strategy will also provide the perception of increased risk as it sacrifices geographic coverage to some extent to provide for actual service demand coverage. This can be somewhat mitigated based on dynamic deployment of units to areas on the border of response areas and the provision of deployment models based on significant differences in call volumes of the areas moving up or being redeployed. II::::IM 5 C II:: C Ili A iP II°°II II C MINIMUM II:::;�II::::If,ii o Y Im II::IN"'r While the previous analysis reflects medic unit needs based upon demand, geographic aspects must be taken into account to meet response time goals given the extent of demand volume. Geographic analysis tools (GIS) were employed to determine the medical demand per hour closest to each station. Closest Station Area Workload by Hour of Day 0 0 1 A2 X 3 X4 0 5 4-6 ®7 8 9 IIII 10 A 11 X 12 X 13 014 i 15 16,°�� 17 18111111111111119 P.20 21 X 22 23 18% 16% 14% 12% 10% NO, 6% 8% ��uum . 6% X / Ii 4% a� 2% 0% .... .... �.. .... .... n„�, 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Station II E.:.11 CA"'rII:::: II: A I-AIL...II IN CII°°II IIIE.:. :S The three Battalion Chiefs (BC) are currently located in Stations 1, 5, and 14. This clustering of 2 BC locations downtown, although in higher demand areas, affects the geographic extent of the first alarm assembly force and distances them physically from outlying stations. Elsewhere in this report, a fourth BC is recommended. It is recommended that the BC offices be relocated to stations 1, 4, 8, 9 to spread them more over the geography of the city and even out the span of control of area stations for each BC. The first alarm assembly will improve with a BC in station 8, closing the gap that can be seen in the map representation in the appendix similar to the representation shown that does not include BC travel extent into the analysis. A BC in 9 would not improve the first alarm assembly, but allow for supervision for the distant western areas of Page 15 MGT the city. A BC in 12, though would equally space the BC areas, would be placed in an area of lower demand and result in no improvement in first alarm assembly contingent. • BC1: Stations 1, 5, 3 • BC4: Stations, 4, 13, 15, 16, 17 • BC3: Stations 6, 7, 8, 11 • BC2: Stations 2, 9, 10, 12 This recommendation should be implemented concurrent with the recommendation to expand the role of Battalion Chiefs to include clinical/medical supervision responsibilities as outlined in Question 1 of this report. II::::if::if::o Ilk"'r s r o Ilk II:::: u C II:::: IE.:.IM E.:.IM A ITV CCFD should implement a program of prevention that can help reduce the incidence of injury such as from falls and motor vehicle accidents. A public education program to educate the public about the correct use of emergency resources may aid in the reduction of non-critical calls for service. A public service message media campaign to garner public support in only utilizing services in emergency situations and directing other inquires to a public resource communication center could reroute the calls to more appropriate services such as counselors and social workers. Page 1 MGT QUESTION 3 - Are fire stations currently optimally located? All IE III1 Given the complexity provided by the geographic layout and volume of incidents within Corpus Christi, the locations of the fire stations serve the city well. Current fire station locations in any community are a reflection of its history. In some communities, fire station locations still represent eras when horse drawn apparatus or early slower automotive technology were present. At this time, there is no need to add a new station. As a community increases in population, suburban sprawl, annexation, transportation flow improvements and other community developmental growth; subsequent fire stations are constructed as the need arises. Therefore, no community has optimally located fire stations and to relocate them based upon current technology, structural risk, and service demand is doomed to be outdated in short order and very costly. In all communities, there are stations in very active, urban areas that contrast with stations in areas that are not very populated or developed, and have lower service demand. Usually, the number of apparatus and staff within these low demand stations reflect this, such as with CCFD's coastal stations. This may change as future planning allows for increased development. The dirt road that connects Station 15 southward to a large development should be improved for fire apparatus ease of access. It can be restricted if needed to emergency apparatus only. One method to improve the efficiency of fire station locations is to evaluate stations that may be replaced by the coverage of other nearby stations. The first step is to examine concurrent first-due coverage areas that may preclude the need for a station. The following map shows the areas where two or more stations can provide concurrent coverage in the City. Page 17 MGT n 77 Carpus Christi, Texas swum N7 r All IX it / i f a art A�rtaorts City Fire Stations ** �y��''t i First due Concurrent Caweraige 0 ,� tlMlpeS `"���++,„*„„,,� m It can be seen that Station 5 is located in an area where surrounding stations can reach within the travel time model. There is a small area it covers south of the station that would require more time to reach. It can be discerned from the following table that anticipated coverage levels do not suffer significantly with Station 5's closure. 4 min travel time from fire stations All Demand I Fires onlyl EMS calls Current Stations 81.50% 75% 82% No Station 5 81% 74% 82% However with the loss of Engine 5, Insurance Services Office (ISO)2 coverage for an area that does contain high risk properties would be affected. The loss of ISO Engine Distance coverage could translate into higher property insurance premiums for the property owners in the area outside the ISO coverage from surrounding stations. An overall 3% loss in ISO Engine distance coverage would be realized with the loss of Station 5. Z The ISO is a firm which evaluates public and private fire protection systems,providing a rating(for cities the rating is the Public Protection Classification or PPC)that is used by insurance companies to underwrite fire insurance costs for various types of residential structures. Page 1 MGT II II A IIIIY With the geographic extent and volume of incidents within Corpus Christi coupled with the general lack of concurrent coverage, the locations of the fire stations serve the city well. For more background information, see the Appendix for this question. Station 18 is not needed at this time. QUESTION 4 - Can efficiency and effectiveness be improved thru angel in apparatus configuration and deployment, including use of quints? A 114 S W E.'1111 Within the context of the recommendations in other areas of this report, it is not recommended that significant changes be made in the composition of the current fleet of apparatus type and configuration. Deployment is discussed in detail under Question 3. As discussed in Question 2, this report recommends a deployment model that is more dynamic than the current model of delivery. This is an effort to maximize the efficiency of current resources while maintaining acceptable levels of risk (i.e. geographic coverage). Because of this, maintaining the current type, size and configuration of trucks, engines and ambulances will provide a firefighting/pumping capacity generally consistent with the levels of service provided today. Maintaining the larger Medium Duty/Type I ambulances currently utilized by the department provides the ability to carry safety and other equipment that allows personnel to fully function in fire suppression and rescue roles when required. While providing 'jump-staffed' alternative apparatus such as Utility Vehicles, will provide maintenance savings over the life of an apparatus, it will not halt the total life cycle replacement needs of fleet Apparatus replacement is based only partially on mileage and is more reliant on age and pump hours which will not be impacted by use of alternative vehicles. Alternatively, as call volume increases within specific hourly segments, or as the demand for alternative roles for the CCFD develop (see discussion on Community Para-medicine and Population Health Management Strategies in Question 2) alternative vehicles are likely to be appropriate in a peak demand or 'surge' response capacity. The utilization of Quints (apparatus that carry water, pump water, carry ground ladders, have an aerial device and carry hose) is usually driven by one of two desired outcomes — consolidation of apparatus function giving the pumper and aerial stream capability or the addition of pumping, fire stream capability to and aerial device. There are specific areas where these goals are optimal and quint delivery is recommended. These are usually in more rural Page 1 MGT areas where the need or demand is not easily predictable and a lack of staffing or other available resources may make the need to consolidate functions into one apparatus desirable. As an overall strategy of apparatus deployment and acquisition, given adequate staffing and the ability to provide both truck and engine capabilities independently, the utilization of Quints should be the exception rather than the rule. The quint unit adds substantial weight to chassis requiring significant additional expense in construction and maintenance. The addition of a fixed aerial device adds additional annual expense in its maintenance and certification requirements. QUESTION 5 - Can improvements b d in the efficiency and effectiveness of apparatus maintenance? A 114 S W E.'1111 The most significant challenge faced by the CCFD revolves around the facility that is currently assigned for fire apparatus maintenance. A number of facility-related challenges pose significant efficiency challenges. Co-location of a fire apparatus maintenance facility with a larger facility serving the needs of the entire City fleet would be optimal and effectively leverage a very large capital investment needed by the City. Given the special, complex and unique nature of fire apparatus and their components, fire fleet maintenance staff should be certified as Emergency Vehicle Technician/Fire Apparatus Mechanics. Position descriptions should reflect this need and the City should consider this as a minimum qualification for future employment requirements. The Fire Department also faces a significant vehicle replacement challenge with the age of its fleet. These should be addressed, in conjunction with broader City fleet maintenance issues. The new CCFD manager has taken a number of positive steps towards enhancing preventive maintenance and other key aspects of service delivery. The project team from MGT met with staff in the fleet maintenance facility, and identified the following major issues: • Ladder trucks cannot fit into the building or under the rear awning for maintenance work. • Engines can fit into the building, but when their cab is tilted to perform engine maintenance, it barely clears the ceiling. • There is no drainage system for water in the floor. • There are no grease traps for oil contamination remediation. • There is no plumbing for a sink to provide in-shop washing for mechanics. Page 2 MGT • There is no overhead crane for engine and other maintenance. There is no sufficient structure in the ceiling on which to mount such a crane. • Parking is currently insufficient when multiple engines stop in for SCBA and other work (although this issue may be remedied by implementation of a mobile SCBA repair unit). • No runner or parts person (could be the same civilian position). • No administrative assistance provided to the Service Supervisor, who is doing all of the data entry himself. • A fleet management study of the unit would likely recommend, based on 'vehicle equivalent units' an increase in technician staffing from three (3) to five (5). • No inventory system is in place. • Time tracking is minimal. • Unit is using Firehouse rather than the City's current enterprise wide maintenance management system (M5). • The fleet has been allowed to age and there is no formal fleet replacement plan. • Preventive maintenance was historically allowed to go undone. • Lack of technical training and certifications for maintenance technicians, while the Department has begun to address this, position descriptions should reflect these requirements and future employees hired to these minimum specifications. • The lack of training / certification may be exacerbated by the wide variety of unit types included in the fleet (various manufacturers). The area of fleet and apparatus maintenance has begun to receive appropriate attention from the Chief and his command staff. This is personified in the recruitment and hiring of a private- sector experienced Service Supervisor. However, for this program to improve, there will need to be significant capital and operating support provided to the Fire Department's fleet operations. Based on our conversations with other City staff, it is clear that similar issues exist in other parts of the City's fleet operations. The cause of the issues appear to extend back decades into various city policy, budget and operational decisions. Page 21 MGT QUESTION 6 - Can we improve our ISO rating and if s® what reeds to be done? All IE III1 There is no reason to do this. The City should take incremental steps to continuously enhance the delivery of EMS, fire and rescue services. However, this should not be focused on achieving an Insurance Services Office (ISO) Public Protection Class (PPC) 1 as the primary objective. The City of Corpus Christi would have to make significant personnel and capital investments in order to improve the current ISO classification of Class 2 to move to a Class 1. This would include adding engine companies (and staffing), truck companies (and staffing) and personnel in emergency communications. Further, it would require, at minimum, the construction of four additional fire stations. A review of the Texas Department of Insurance website indicates that there would be no likely premium benefit for homeowners moving from an ISO Class 2 to an ISO Class 1.3 This table shows a 0.0% premium change for homeowners moving from a Class 2 to a Class 1. Ilf 1SCUSS 011 The most recent ISO report, dated 2009, indicates that there are several areas where the City and the Fire Department could enhance their ISO classification (which is currently set as a Class 2). The project team reviewed the letter which includes the deficiencies, as viewed by ISO, which exist in the Fire Department and in the City of Corpus Christi at the time of the evaluation. A summary of their key findings and the enhancements which would be required include: Had 6.7 personnel on duty,on average in the Increase to an average of 9.0 personnel on duty in the communications center. communications center. Had 18 engine companies. Require 20 engine companies to get full credit. Received credit for 8 ladders and 2 service companies Improve equipment, ladder size,etc. on majority of (included quints). ladders. Replacement of quints with engines will result in further erosion of the points for this category. Reserve engine and truck capacity. Increase number of operational AND fully equipped engines and trucks held in reserve to handle repair down-time,etc. On-duty staffing for fire services. Received 10.47/15.00 points—would need to add another 50 personnel on duty to achieve full credit.4 Training showed two deficiencies—lack of pre-fire Increase pre-incident planning to twice a year for planning of major structures and lacking major facilities(all commercial, industrial and documentation for training. institutional)and improve record keeping in training and pre-incident plans. a As an example,please review:http://www.tdi.texas.gov/fire/documents/fmppcbrick.pdf 4 ISO report dated August 3,2009 indicates that"An increase in the on-duty company personnel by one person will increase the fire department credit by 0.09." With a cap of 15.00-10.47=4.53/0.09=50.33 personnel. Page 22 MGT hl � i NNIMMENMEMM833MMMEMMM The City received full credit for water supply and for Improve the frequency of inspections and the quality the number of hydrants. The deficiency occurred in of hydrant maintenance and overhauls the inspection/condition of hydrants. These findings shows several key issues that should be kept in mind: • The Corpus Christi Fire Department has an excellent foundation for the delivery of fire services to the community. A review of the ISO website shows that only 0.1% of communities have a Class 1 rating, and only 0.7% of communities have a Class 2 rating. • These ratings do not take into account unique community characteristics. • These ratings do not take into account the City's actual experience with fires or fire loss. • The classifications do not take into account the delivery of emergency medical services, a critical and substantial part of the Fire Department's emergency service delivery system, which requires significant resource allocation. Given the lack of improvement in homeowners' insurance rates and the significant expense that would be incurred in order to move from ISO Protection Class 2 to ISO Protection Class 1., there is no compelling reason to move in this direction. 5 The project team fully supports the current plan to shift hydrant inspections and maintenance from the Fire Department to the Water Department, including a shift in budget resources from Fire back to Water to pay for additional staff time/equipment. Our team attended a meeting where this agreement was outlined between the two Departments. Page 2 MGT QUESTION 7 ~ Are there opportunities to reduce personnel costs by increasing the relative use of civilian personnel to perform duties currently performed by sworn personnel? A1I4SVV111:.-"11I1 There are several opportunities to reduce personnel cost by increasing the use of civilian personnel. These exist in several support functions jobs found within the Fire Department. The collective bargaining agreement currently prohibits the use of civilian personnel in a number of s operational jobs. While the direct savings might not be that significant, the certified firefighter / medic incumbents who are currently assigned to these tasks can be reassigned to line functions as soon as a replacement could be identified, hired and trained, representing a significant 'opportunity cost' savings for the City. The project team from MGT recommends that the City and Department move towards converting the identified positions in operations to civilians. This includes the captains assigned to equipment maintenance and the firefighter assigned to EMS supplies. The direct savings from making these transitions are estimated to be appnoxirnate|y$5O,OOO/vear. 131 S C U S S 1 114 In reviewing the various assignments within the Corpus Christi Fire Department, the project team examined those which are assigned to certified firefighters at this time and asked the following questions of each one: • Do the duties require the person tobea certified firefighter? • Do the duties require the person to have been a certified firefighter at some point? • Do the duties require the person tobea paramedic orEMT? • |a specialty training of some kind required? The table, below, provides a summary of our findings: 011101NMEME t 4 � �fflui 1111 im� AM I I M;A EMS Battalion Chief X Paramedic on Ambulance X EMT on Ambulance X Mechanic/Maintenance X "Article oSection 1of the Collective Bargaining Agreement states that City administration"reserve the right to use civilians in the Fire Department to perform duties which do not require a certified Firefighter." P �4 ���T ��� _ ~�~. EMENMEMIN MO . Battalion Chief X X X X Supplies .... .... .... .... .... .... .. .... .... .... .... .... .... This assessment shows that there are several positions that could be candidates for future consideration for civilianization that are currently staffed using certified firefighters: • The EMS Battalion Chief could be shifted from a certified firefighter position to one using a medical professional. This has already been recommended in Question 1. This might require a change in the collective bargaining agreement —though it may not if the position is simply eliminated and replaced with a contract medical professional as recommended. • Paramedics and EMT's assigned to ambulances could be medically certified without carrying the firefighter certification. It must be noted that the current Firefighter/Paramedics assigned to ambulances are an integral part of the overall fire defense system and this report is not recommending civilianizing the ambulance service delivery segment. However, in the future it is conceivable that, based on increased demand, peak hour demand staffing, or identified lower priority calls could be handled in some alternative manner utilizing EMT's or some other delivery mechanism than is currently available to the City. This could be used to hire back-up crew members from the academy who are certified paramedics or EMT's but do not have their firefighter certification, or to hire crews for these peak-load periods. This would appear to require a shift in the language in the collective bargaining agreement (Article 8 Section 1). • Personnel assigned to maintenance or repair tasks, even when those tasks are associated with life-safety equipment (SCBA's, firefighting tools) could be handled by certified civilians. This would not require a change in the collective bargaining agreement as these positions are already recognized as eligible for civilianization. • Personnel assigned to delivery tasks could also be civilians rather than certified firefighters / paramedics. While these positions handle a wide range of expensive EMS supplies, they are not authorized to handle controlled substances (these are restocked in the hospital). The primary value in this recommendation is to better utilize existing staff in line suppression and rescue functions. This represents a substantial opportunity cost that is more appropriately applied to direct public safety functions, while civilians are utilized in the supporting functions to these operations. While the savings might not be significant from making these changes (less than $50,000 to convert several positions) the certified firefighter / medic incumbents who are assigned to these tasks could be reassigned to line functions as soon as a replacement could be identified, hired and trained. Page 25 MGT QUESTION 8 ~ For fire cadet training is the City making best use of training available from Del Mar College and are there opportunities to improve the cost efficiency of the City's Fire Academy? Are there opportunities to more efficiently provide on- going firefighter and paramedic training? A114SWIEE1111 The Fire Department iamaking good use of the resources and facilities of Del Mar College. This relationship should be further leveraged to the benefit of the City by implementing the following: 1. Pre-employment programs should be integrated with recruit training to minimize the time to onboard a new employee and provide a cadre of known candidates. While the department has made significant efforts and progress in enhancing on-boarding through the existing Alternative Hire process this could likely be improved with greater coordination of the hiring cycle with the Graduation of Firefighter/Paramedics from the program. A comprehensive review of the overall hiring process that includes the college and faculty iarecommended. Z. Contract with DMCto develop and integrate adult learning models into curriculum for both Continuing Education/Line and initial cadet training. 3. Work cooperatively with the college to improve existing on-line training mechanisms to include contemporary adult learning techniques. 4. Form a ~Learning Council' comprised of Fire Department members and professional educators from the college toevaluate and construct training plans and priorities based upon review of identified gaps inperformance. This will provide: a. A needed closure of the feedback loop from 'after-action reviews' and performance reviews through design and implementation of training interventions. b. A systematic review and audit of the current training program with a focus on creating results/performance based metrics of training efforts and enhanced relevance of training experiences. 1131 S C U S S 1 114 The City is advantageously positioned with the resources and facilities of Del Mar College which are located within its corporate boundaries. The Fire Department has leveraged this presence with the co-location of it training office within the College. With respect to the overall training and human resource development component of the department, there are several gaps identified between optimal and current performance. P 26 ��� MGT ~�~. 1. There is a tension between Fire related training and EMS Training. The manipulative fire-based skills training for new Firefighter/Paramedics has become the critical path in the timeline for brining on new recruits with the entry level academy taking a year to bring a new recruit on line. 2. The existing Continuing Education/Line Training is currently measured primarily by inputs (i.e. number of hours spent on training activities) with very little measurement of outputs (i.e. demonstrable behaviors or ability to meet defined performance objectives). 3. The current Continuing Education/Line Training is generally viewed by department personnel as legacy based and not necessarily relevant to the environment encountered by contemporary fire/rescue organizations. The content and approach to teaching are thus challenged with respect to their relevancy. 4. There is no closure or connection between identified needs or 'lessons learned' and the development, implementation or focus of specific educational or training remediation. Closer and systematic partnership with college staff, faculty and resources would enhance the overall effectiveness of the department and its human resource development efforts. The first systematic effort is recommended to be the formation of a 'Learning Council' comprised of Fire Department leadership, College faculty or staff, the EMS Medical Director (or designate), Training Staff members and line firefighters. The purpose of this group is initially to conduct an internal audit of training efforts and identify gaps between contemporary learning models, organizational needs and system performance. Its on-going purpose will be to evaluate performance metrics and all critical after action reports to prioritize (and design where necessary) educational or manipulative skills necessary to close identified gaps between organizational needs and performance. The Department should also seek out assistance from the college and its associated resources in introducing more contemporary teaching and adult learning modalities into both EMS and Fire Ground skills curriculum. This should be tied to a redesign of performance metrics that are representative of demonstrable outputs of training, as opposed to tracking activities such as the number of hours or other inputs (see discussion under Issue 10 in this report). Page 27 MGT QUESTION 9 - What reeds to be done now to prepare to meet Fire services needs over the next decades? A II Ilf; III1 The essence of any organization's success and sustainability is its ability to recognize and respond effectively to changes in its environment. Our analysis has provided the project team with 5 specific challenges and opportunities that the Fire Department must address to position it for future effectiveness. These are identified as: 1. Enhanced Technology — Specifically, develop more effective mobile and tablet applications for enhanced data exchange and management effectiveness across all areas of the operation. Additional data integration both across city departmental boundaries (intra-organizational) and with external stakeholders or partners including the health care delivery and public safety infrastructures. Additional technology including the application of bar-coding or RFID will assist the Fire Department with everything from inventory management to fire ground safety management. 2. Human Resource Selection, Development and Retention — The Department would benefit from a concentrated and renewed focus on human resource development and retention. Elements to be included are an evaluation of currently needed skills, knowledge and abilities reflective of the current and future delivery needs of the organization, a comprehensive wellness and safety culture including the implementation of physical fitness evaluations and programs, incentives for targeted education, clearly defined succession planning and on-going/continuous learning with closed feedback loops to integrate new practices and procedures into the organization on a systemic basis. 3. Enhanced integration with Community Health and Population Health Management Initiatives - This will allow the department to play an appropriate and value adding role in the on-going redefinition of community health care delivery especially as it relates to the utilization of EMS resources. 4. Organizational Structure and Supporting Systems — As the department continues to evolve from a traditional fire response agency to a multi-functional, key resource within the overall fabric of community health and safety, the systems and structures that support its operations must also evolve. Specifically, the organization must structure itself in a more coordinated and seamless manner, eliminating the vertical silos that now exist between EMS, Operations, Fire Prevention and Training. The flexibility required to respond to the rapidly changing environment in which the department finds itself requires a workforce and workplace rules that are fair as well as flexible, allowing the organization to meet the changing needs and expectations of the community. 5. On-going System of Capital Replacement and Capital Maintenance — With respect to facilities and fleet, the Department is currently below an optimal replacement curve. Substantial investment would be required bring the current fleet up to consistency with accepted industry standards. A comprehensive fleet management program and additional accountability within the fleet and facilities maintenance programs will allow Page 2 MGT the City to make informed decisions about replacement vs. repair decisions. This is especially true within the context of changes discussed in this report as it relates to alternative fleet and service delivery options. These broad strategic issues are discussed below. 1. Enhanced Technology - The Department requires upgrades and refinements to the technology that is utilized in providing its services to the community. Historically, the department has made appropriate investments including acquisition of automated Records Management Systems (RIMS), Electronic Patient Care Reporting (ePCR) and Inspections Records. The addition of Payroll and Personnel Scheduling enhancements and expansion or improvement of network technology will provide significant benefit to the department of the future. a. The Department should form a Technology Council that forms the Information Technology Strategic Plan, integrates required Department technology with other Departments and Citywide initiatives, scans the environment for industry wide practices, and identifies the technology investments necessary to drive the organizations vision and mission. b. The Department should adopt a wider mobile platform capability and expand it to all divisions of the department. This includes training, operations, emergency management, prevention and EMS. Mobile computing is evolving from what was once a 'data collection' device to a tool that allows for multiple channels of communication, management information, data coordination and analysis. The capabilities of the City to develop comprehensive Customer Relationship Management (CRM) Solutions, as well as gain efficiencies in current automated systems such a fleet management, finance, payroll and inventory control all can be leveraged off of mobile platforms. c. In order to develop the bandwidth and connectivity necessary to support this mobile environment, the Department should begin acquiring technology that makes their operating fleet mobile 'hot spots'. Providing each ambulance (for example) with mobile hot-spot capability will provide broadband connectivity and amplification necessary to provide a meaningful platform for the increasing stream of data required in the delivery of EMS and ultimately community health care delivery (e.g. Community Paramedicine). This type of investment will also spread the City's net infrastructure over a much wider geographic base allowing the future implementation of fully integrated, seamless customer and property management functions. d. The department should review and upgrade existing software platforms. This includes the Records Management System, the Time and Payroll System (more robust systems such as TeleStaff or equivalent will provide substantial efficiencies), and the feasibility of integrating with existing, citywide software efforts such as M5 (fleet management). Page 2 MGT 2. Enhanced Human Resource Selection, Development and Retention Systems — Under any imaginable scenario, the future will require greater organizational flexibility and responsiveness than those that are deemed adequate today. As a community's methods of funding and perceptions of value change over time, government agencies must be in a position to quickly adapt to these changes. Critical to any organizations effectiveness is the plan for staffing and the expense associated with putting the right people, with the right skills, in the right place and the right time. In order to meet this fundamental challenge for future success, the Fire Department should position itself in accordance with several guiding ideas: a. Job descriptions and positions should be flexible enough to allow the organization to provide different and alternative services to those being currently provided. For example, as EMS evolves, the role of all EMS providers will likely change as well - requiring different or additional skill sets to those found in today's organization. The systems and structures that support the organization must reflect this needed flexibility. As such, the selection, training, and retention of individuals must include the ability to adapt to changing needs. The selection process should attempt to leverage activities or functions that exist outside of the organization (e.g. Community Colleges or regional hiring/candidate validation conducted regionally or by other agencies) and avoid duplication of those efforts, thus speeding the on- boarding time of individuals. b. On-going training and continuing education must be constantly re-focused to meet real time needs in the work place and be the result of measurement driven evaluation of services offered and services needed. A series of career expectations (formerly a career path) should be provided by the organization that culminates in a succession plan to help remove ambiguity with respect to the organization's ability to provide opportunities to its members. 3. Enhanced Integration with Community Health and Population Health Management Efforts - The Patient Protection and Affordable Care Act (ACA) has created significant disruption across the spectrum of health care delivery — and EMS is not immune to that disruption. At the current time, there is little ability to accurately project the ultimate impact to EMS system of the ACA, given that there is currently no proposal or information on future ambulance transportation or EMS reimbursement. As such, EMS agencies are attempting to discern how their resources, already pre-positioned in the community, can be utilized for community health activities for which there are identified incentives within the ACA. The challenges facing EMS providers at the current time are significant: a. The current incentives fall to others (i.e. health care systems, providers or payers) that can meet population health goals. Their willingness to assign a value to, or actually pay for, EMS resources to help meet these goals has not been determined. b. The current skills and protocols of EMS agencies are not consistent with the skills/protocols necessary to provide value in a community health/Population Management paradigm. Page MGT c. A lack of data integration between EMS and legacy hospital data systems provides a substantial barrier to the ability for EMS to add value without additional investment. d. There are significant cultural differences between the rapid response, fix it "Rescuer Mentality" specifically found in the Fire Services, and the long-term clinical care giver. That is not to say that the role of EMS is not changing. The critical aspect to positioning for this change is to understand that the overall tenor of health care delivery is now based on an intense focus on "population management." The ability of an Accountable Care Organization (ACO) or Medical Home Health Organization (MHHO), the currently consolidating organizational forms that will likely receive payment for the management of patient access, care and wellness, to effectively manage that population will drive reimbursement. The extent to which value will be attributed to the City's EMS resources will lie in the ability of the Fire Department to integrate, gain confidence and provide demonstrable value to these entities. It is essential for any EMS planning effort with a horizon longer than 12-months, to include a mechanism for enhancing relationships with these ACO organizations within the community. While it is fashionable for EMS leaders to attempt to move their organizations into widely described "Community Paramedicine" programs, to do so in the absence of this context with the community ACOs will inevitably doom such efforts to failure. 4. Organizational Structure and Supporting Infrastructure - Just as the organization's Human Resource selection, development and retention efforts require flexibility and change, so do the systems and structures that support the organization in a dynamic environment. Currently the organization is highly vertical in nature, with very unique and disparate silos for areas such as EMS, Training, Fire Prevention, Hazmat/Technical Rescue and Operations. These individual functional areas are all reliant in reality, if not in theory, on the activities and actions of a very few individuals usually residing within the Operations Division — primarily the Battalion Chiefs. As such, there are numerous inconsistencies in how activities and issues within the functional areas are handled and significant issues related to effective communication. In order to be effective over the next ten years, the Fire Department should reorganize in such a way as to integrate essential functions within a framework that is as close to the citizen customer as possible, with full responsibility and accountability lying at that level. To the extent possible, organizational systems and structure should provide incentives to remove vertical 'silo' thinking among members. S. On-going System of Capital Replacement and Capital Maintenance — The various recommendations of this report, specifically those related to Alternative Vehicle Utilization and Alternative Service Delivery Models, provide an excellent point of leverage for the Department to begin a new and thorough process of Capital and Facility planning. The current organization has several gaps between optimal fleet and facility resources and the current state. Often staffing is not consistent with specialized equipment needs (e.g. Marina/Water protection). Station design is an issue with many facilities in need of substantial renovation and application of contemporary design Page 31 MGT features. The current apparatus replacement program appears to be based more on quantity and availability of funds, than a significant and justifiable strategic intent and purpose. QUESTION I - Is the ir° Department using appropriate measures for the it Performance Report (CPR)? A II I:.`1111 The Fire Department can improve upon the current CPR by adding new dimensions that are reflective of manageable activities and directly related to relevant and measurable outcomes. Ilf 1SCUSS 011 The current CPR contains 7 'Mission Elements' and ten comparative data sets. The Mission Elements are identified as follows: Respond to Fire Suppression Calls Average Response Time after dispatch Respond to Emergency Medical Calls Average Response Time after dispatch Conduct Fire Prevention Activities Number of attendees at fire safety presentations Conduct Fire and Arson Investigations Number of Structure Fires Investigated Enforce Fire Codes %of plans reviewed within 7 working days %of Fire Code Violations receiving follow up within 30 days Manage Emergency Operations including %of departments for which emergency ops EOC plans have been updated Respond to special services such as %of departmental members trained to HAZMAT,Technical Rescue and Water departmental and national standards. Rescue There are an additional ten data points used to describe trends in activity: • Average Response Time • Total Budget • Authorized Uniform Personnel • Calls for Service • Medical Calls for Service • Non-Structure Fire Calls for Service • Working Structure Fire Calls for Service • Fire Dollar Loss • Civilian Injuries Page 32 MGT ® Civilian Fatalities These data points and measures are appropriate and serve as an excellent foundation for a performance management system that can be utilized on a more granular, day to day management basis by department leadership. Specifically it is recommended that the following changes and additions be implemented to the existing CPR measures: 1. All 'AVERAGE' Response times should be supplemented such that data are also reflected on a fractile7 basis. Goals should be reflected by response time standards expressed on a basis of 90% compliance. By way of example: Time of first arriving unit after dispatch to structure fire calls shall be 4 minutes and 8 Seconds or less for 90% of all such calls responded to. 2. All data points should be additionally reflected on a per capita or other percentage basis based upon some logical denominator. This provides a common and meaningful measure of performance across time normalizing for changes in the environment. Thus, 'Number of Structure Fires' should be additionally described by the metric 'Structure Fires/1,000 Population. 3. Specific 'output' or' results based measures' should be included. By way of example, 'Number of Citizens in attendance at fire safety presentations' is an activity measurement — but a true measure of desired outcome should be reflected as well. Based upon meaningful analysis of fire or community health issues, goals and related measures impacting the community in meaningful ways should be included. These might include: a. Reduction in drowning incidents to a level below 5 per 100,000 Population. b. Reduction in arson fires to a level below 0.5 per 1,000 population 4. Specific EMS Performance Goals should be included based upon the needs of the Medical Director. Examples of these might include: a. Percentage of full cardiac arrest events obtaining Return of Spontaneous Circulation (ROSC) prior to arrival at hospital. b. Percentage of cases presenting outside of normal vital sign limits presented to the ER within normal limits or stabilized. Additionally, the performance measurement system should be integrated with the Department's data collection and reporting system. Currently, significant management time is committed to manually collecting and entering performance metric data into a reporting tool. This tool is then forwarded to City administration, there is little evidence that the Performance Metrics are utilized for the actual management of process improvement efforts within the 'Fractile' is a mathematical concept of looking at the quantity or proportion of events that meet a particular threshold. In the case of EMS and fire, many agencies focus on being able to achieve a targeted response time or response capability 90%of the time. Thus,one could report that a system's response time at the 90%fractile is x minutes. This will almost always be a higher number than the average, but it is also a more accurate way of assessing the performance of a system as a whole. Page MGT Department. The City should actively seek out appropriate software functionality that will generate meaningful management metrics in a 'near time' manner and present such data to the agency in a dashboard type format with drill down capability. This will allow the department leadership to develop actionable management information that impacts the department's efficiency and effectiveness directly. QUESTION I I - Are there any r°o isions in the Collective Bargaining Agreement r° detrimental o the efficient operation o department or should be considered for modification? A 114 S W E.'1111 There are a number of issues that should be addressed in the collective bargaining agreement. Many of these issues are related to the organic nature of the agreement and the ways in which it was developed. A number of issues should be address within the CBA in the upcoming negotiation, scheduled to begin in the spring of 2014. Specific improvements should be made in a number of areas which directly impact the ability of the Chief to effectively manage the operations of the Department in an efficient and effective manner. These include: • Past practice is explicitly denoted as a 'prevailing right' as a working condition, limiting management's ability to respond to new challenges. • Overtime calculations are laid out in the CBA, rather than noting that they will be calculated according to the Fair Labor Standards Act. • Utilization of personal time in conjunction with vacation leave. • Opportunities to use civilians in both support (currently allowed) and some operational positions. • There are a number of issues in the way in which EMS certification and work assignments are handled within the contract. • EMS compensation is predicated on maintaining the certification, rather than a combination of certification and performance pay. Making these changes will make the Fire Department more flexible and able to respond to new challenges. A crucial management tool in a rapidly changing healthcare and emergency services world. The collective bargaining agreement (CBA) under which the City and Fire Department are operating is set to expire this year. The project team's review identified a number of issues for improvement within the CBA. These issues, and recommended modifications, are provided in the table that follows: Page MGT �� � �'�� � �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Article 2/Section 3 Provides that current or past Eliminate the reference to past working conditions not specifically working conditions entirely from mentioned in the contract remain the contract. This language could in full force and cannot be be used to slow down or block diminished during the term of the needed changes in the Fire agreement. Department. Article 4/Section 3 Provides that overtime is These should be reviewed with City calculated on specific rates and human resources for whether they times. maximize the City's benefit under FLSA 7(k) exemptions. Staff should be compensated for overtime based on allowable rules. Article 4/Section 7& Language in the two locations in Clarify that staff in the union who Article 7/Section 4 the CBA appears at odds with the are donating Personal Leave to the donation of Personal Leave by all union president are donating union members to support the sufficient time to cover the lost non-line work of the union time that needs to be covered from president. the FTE. Article 5/Sections 1-3 Compensation for EMS (and other Link compensation to performing specialties) is linked to holding the the job. Paid by the shift worked certification, rather than on the ambulance or on a performing the tasks. paramedic fire unit(higher pay for ambulance work). Continue'patch pay'for maintaining the certifications. Article 6/Section 1& Allows opt-out of paramedic status Make EMT status a condition of Article 6/Section 2 after 8-year term. employment for all staff. Make Required to serve a minimum of paramedic status a condition of five years in 'EMS service'. employment for all non-driver firefighters. No ability to require skill Serving on ambulance a shared maintenance—i.e.,staff can opt duty for line staff—remove opt out out of working on the ambulance. provisions. Add a requirement that all paramedics must work the number of shifts not less than that designated by the Medical Director. Need flexibility for now and for the future. Avoid specific duties or assignments. Article 8/Section 1 Language in the CBA identifies Alter the language allowing for the several support classifications that use of civilians in any'non- can be filled with civilians rather firefighting'task. The specific than with certified firefighters. objective should be to gain the There is no allowance for flexibility to utilize civilians in operational positions. staffing EMS-only units, including those assigned to'community para-medicine,' peak load ambulances,and 24-hour staffed ambulances. Page 35 MGT �� � �'�� � �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Article 11 and Article 15 Document is not consistently Ensure that the document is formatted. consistently formatted, numbered, Document has specific references outlined for ease of reference. to a prior consulting report. Remove and do not replace specific consultant references. The CBA is a very powerful management tool and an equally powerful management challenge. The City should work closely with the Fire Chief to determine the specific language which will protect the City's rights and which will provide for maximal flexibility. Page MGT QUESTION 2 APPENDIX CII...OSII::: 11 STA 111011N AIRIFA I AIP Corpus Christi, Texas ar e, r a tEl'I �w,wavnM *:'vwW� 77 � r R 77 „Ir a fl • I I`W d"'7•yrM. ^ CJ //�' �w„w ,s,:riµ.,ww«'w^ ""ma« 04 � .w 1 0 f t F f yoW RP 4 n . A za�l 4 t• Travel Restrictions: City Fire Stations Two arterial roads Airports stock from national f stock dataset are not 0 Restriction consistent with city- supplied centedine ^^� MGT, jClosest Station Areas '�. CISdateset. p 2' 4twliles �1'^� Page 37 MGT Total Instances of Concurrency by Station by Hour of Day �Station1 0 Station .,4.Station 3 X Station 4 X Station 5 0 Station 6 --Station7 ^^Station •^^Station '.... ®Station 10111111111 Station 11 A,Station 12 ::Station 13 ::Station 14 Station 15 Station 16 Station 17 '.... 100 90 80 o t 70 a i 60 x n 50 S t 40 mm mm a n C 30 e x S 10 h 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Hour of Day Page MGT Percent of Total Instances of Concurrency by Station by Hour of Day *Station1 EStation 2 A Station XStation4 XStation5 OStation6 --Station7 -Station 8 Station '.... ®Station 10111111111 Station 11 A Station 12 ::Station 13=.-::Station 14 Station 15---Station 16°-Station 17 '.... 35% 30% T 0 25% t a 20% x n s a mm n 10% mm mm S r ® � ® ® � IIIIIIIIIII 5% _ _ IIIIIIIIIII_ _ 4 io 1A All 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 HourofDay Page MGT Percent of Total Incidents of Concurrency by Station by Hour of Day *Station1 EStation 2 A Station XStation4 XStation5 OStation6 --Station7 -Station 8 Station '.... ®Station 10111111111 Station 11 A Station 12 ::Station 13=.-::Station 14 Station 15 Station 16 Station 17 '.... 6% T t a 4% n 3% d J IBS {.. 2% e %n n A � X t �e� IIIIIIIIIII � I!i / A S {II IIIIIIIIIII III�II X ;� I I � � tm X 1% f,......... ,gyp A ka tea,. A mm ® x 11i lip ;< uuuluui x x x 0% ... [i" C, r� _..,. .. .....,.�.�.�.,.�I,, C ....Intl-'_'_'--....r.--.,.�,.�,.....�........�...�.; ... 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Hour of Day Page MGT TOTAL_ STANCES STATION / Hour of Day Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 Station 8 Station 9 Station 10 Station 11 Station 12 Station 13 Station 14 Station 15 Station 16 Station 17 0 9 0 18 1 1 4 5 11 6 16 5 3 2 2 1 0 1 1 6 3 19 2 1 9 7 10 0 15 4 2 5 14 2 0 0 2 4 0 15 1 4 7 9 17 2 21 4 2 4 13 0 0 0 3 3 0 20 3 3 1 6 6 1 14 6 3 5 5 0 0 0 4 6 0 9 4 4 2 1 5 2 8 2 1 2 5 0 0 0 5 1 1 5 3 1 0 3 4 4 4 2 0 3 6 0 0 1 6 6 0 6 2 1 2 1 12 2 12 3 2 2 7 0 0 1 7 9 1 14 5 2 6 4 17 1 28 4 9 8 11 0 0 2 8 8 1 25 6 10 9 8 27 7 45 5 4 4 12 1 0 2 9 12 0 42 8 4 11 17 38 6 47 5 4 15 32 2 0 1 10 17 1 52 9 8 11 17 33 13 67 13 5 6 24 1 0 4 11 16 2 63 9 9 21 10 32 8 80 19 9 15 54 1 0 4 12 22 3 56 8 10 11 9 32 13 88 16 5 10 26 3 0 5 13 22 2 54 6 15 15 10 54 8 74 11 3 16 27 4 0 2 14 32 4 44 11 12 5 11 39 7 78 10 1 9 28 0 0 4 15 27 0 59 4 13 5 17 40 6 68 12 2 11 31 3 0 0 16 13 1 56 9 11 9 11 43 13 70 7 0 16 21 3 0 5 17 17 2 66 11 15 15 13 39 10 77 13 5 12 27 1 1 3 18 21 1 42 9 12 8 10 31 5 61 15 6 13 19 2 0 3 19 35 1 55 3 11 17 9 17 4 44 22 5 17 18 1 0 6 20 24 1 39 3 6 10 5 26 9 84 11 5 23 28 1 1 4 21 16 2 36 7 3 12 12 21 8 34 11 3 7 21 2 0 0 22 14 0 34 3 7 17 3 29 9 37 6 5 1 4 1 0 3 23 19 0 20 3 5 5 9 18 6 24 9 2 11 12 1 0 1 MGT Page 41 T m F m T INSTANCES EY STATION / F DAY Hour of Day Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 Station 8 Station 9 Station 10 Station 11 Station 12 Station 13 Station 14 Station 15 Station 16 Station 17 0 3.09% 0.00% 6.19% 0.34% 0.34% 1.37% 1.72% 3.78% 2.06% 5.50% 1.72% 1.03% 0.69% 0.69% 0.34% 0.000% 0.34% 1 2.06% 1.03% 6.53% 0.69% 0.34% 3.09% 2.41% 3.44% 0.00% 5.15% 1.37% 0.69% 1.72% 4.81% 0.69% 0.000% 0.00% 2 1.37% 0.00% 5.15% 0.34% 1.37% 2.41% 3.09% 5.84% 0.69% 7.22% 1.37% 0.69% 1.37% 4.47% 0.00% 0.000% 0.00% 3 1.03% 0.00% 6.87% 1.03% 1.03% 0.34% 2.06% 2.06% 0.34% 4.81% 2.06% 1.03% 1.72% 1.72% 0.00% 0.000% 0.00% 4 2.06% 0.00% 3.09% 1.37% 1.37% 0.69% 0.34% 1.72% 0.69% 2.75% 0.69% 0.34% 0.69% 1.72% 0.00% 0.000% 0.00% 5 0.34% 0.34% 1.72% 1.03% 0.34% 0.00% 1.03% 1.37% 1.37% 1.37% 0.69% 0.00% 1.03% 2.06% 0.00% 0.000% 0.34% 6 2.06% 0.00% 2.06% 0.69% 0.34% 0.69% 0.34% 4.12% 0.69% 4.12% 1.03% 0.69% 0.69% 2.41% 0.00% 0.000% 0.34% 7 3.09% 0.34% 4.81% 1.72% 0.69% 2.06% 1.37% 5.84% 0.34% 9.62% 1.37% 3.09% 2.75% 3.78% 0.00% 0.000% 0.69% 8 2.75% 0.34% 8.59% 2.06% 3.44% 3.09% 2.75% 9.28% 2.41% 15.46% 1.72% 1.37% 1.37% 4.12% 0.34% 0.000% 0.69% 9 4.12% 0.00% 14.43% 2.75% 1.37% 3.78% 5.84% 13.06% 2.06% 16.15% 1.72% 1.37% 5.15% 11.00% 0.69% 0.000% 0.34% 10 5.84% 0.34% 17.87% 3.09% 2.75% 3.78% 5.84% 11.34% 4.47% 23.02% 4.47% 1.72% 2.06% 8.25% 0.34% 0.000% 1.37% 11 5.50% 0.69% 21.65% 3.09% 3.09% 7.22% 3.44% 11.00% 2.75% 27.49% 6.53% 3.09% 5.15% 18.56% 0.34% 0.000% 1.37% 12 7.56% 1.03% 19.24% 2.75% 3.44% 3.78% 3.09% 11.00% 4.47% 30.24% 5.50% 1.72% 3.44% 8.93% 1.03% 0.000% 1.72% 13 7.56% 0.69% 18.56% 2.06% 5.15% 5.15% 3.44% 18.56% 2.75% 25.43% 3.78% 1.03% 5.50% 9.28% 1.37% 0.000% 0.69% 14 11.00% 1.37% 15.12% 3.78% 4.12% 1.72% 3.78% 13.40% 2.41% 26.80% 3.44% 0.34% 3.09% 9.62% 0.00% 0.000% 1.37% 15 9.28% 0.00% 20.27% 1.37% 4.47% 1.72% 5.84% 13.75% 2.06% 23.37% 4.12% 0.69% 3.78% 10.65% 1.03% 0.000% 0.00% 16 4.47% 0.34% 19.24% 3.09% 3.78% 3.09% 3.78% 14.78% 4.47% 24.05% 2.41% 0.00% 5.50% 7.22% 1.03% 0.000% 1.72% 17 5.84% 0.69% 22.68% 3.78% 5.15% 5.15% 4.47% 13.40% 3.44% 26.46% 4.47% 1.72% 4.12% 9.28% 0.34% 0.34% 1.03% 18 7.22% 0.34% 14.43% 3.09% 4.12% 2.75% 3.44% 10.65% 1.72% 20.96% 5.15% 2.06% 4.47% 6.53% 0.69% 0.000% 1.03% 19 12.03% 0.34% 18.90% 1.03% 3.78% 5.84% 3.09% 5.84% 1.37% 15.12% 7.56% 1.72% 5.84% 6.19% 0.34% 0.000% 2.06% 20 8.25% 0.34% 13.40% 1.03% 2.06% 3.44% 1.72% 8.93% 3.09% 28.87% 3.78% 1.72% 7.90% 9.62% 0.34% 0.34% 1.37% 21 5.50% 0.69% 12.37% 2.41% 1.03% 4.12% 4.12% 7.22% 2.75% 11.68% 3.78% 1.03% 2.41% 7.22% 0.69% 0.000% 0.00% 22 4.81% 0.00% 11.68% 1.03% 2.41% 5.84% 1.03% 9.97% 3.09% 12.71% 2.06% 1.72% 0.34% 1.37% 0.34% 0.000% 1.03% 23 6.53% 0.00% 6.87% 1.03% 1.72% 1.72% 3.09% 6.19% 2.06% 8.25% 3.09% 0.69% 3.78% 4.12% 0.34% 0.000% 0.34% MGT Page 42 TOT L 'T CALL " .-NT 3y STATION BY F DAY Hour of Day Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 Station 8 Station 9 Station 10 Station 11 Station 12 Station 13 Station 14 Station 15 Station 16 Station 17 0 21 0 36 2 2 8 13 22 13 34 10 6 4 4 2 0 2 1 13 6 42 4 2 19 15 23 0 31 8 4 11 29 4 0 0 2 8 0 31 2 8 14 19 37 4 45 9 5 8 30 0 0 0 3 6 0 42 6 6 2 14 12 2 29 12 6 10 10 0 0 0 4 13 0 18 8 8 5 2 10 4 18 4 2 4 10 0 0 0 5 2 2 10 6 2 0 6 8 8 8 4 0 6 12 0 0 2 6 12 0 13 4 2 4 2 24 4 26 6 4 4 14 0 0 2 7 18 2 30 10 5 12 8 36 2 60 9 21 17 22 0 0 4 8 18 2 52 12 21 19 16 62 14 94 10 11 8 25 2 0 4 9 25 0 92 16 8 25 35 81 12 106 10 8 30 67 4 0 2 10 36 2 115 18 16 22 34 72 30 151 27 10 12 53 2 0 8 11 33 4 141 19 20 48 21 69 18 189 38 19 30 124 2 0 8 12 46 6 127 16 20 23 19 71 27 202 35 10 21 53 6 0 10 13 46 4 113 12 31 31 20 122 17 182 25 6 34 57 8 0 4 14 68 8 96 25 26 12 23 87 14 171 20 2 18 62 0 0 9 15 60 0 127 9 27 10 34 87 13 150 26 4 23 69 6 0 0 16 26 2 136 19 24 19 23 95 29 154 14 0 35 43 6 0 10 17 37 4 146 23 32 34 31 84 23 170 26 10 24 56 2 2 8 18 43 2 93 18 24 17 25 72 11 139 30 12 29 41 4 0 6 19 74 2 128 6 24 37 18 34 8 106 45 10 35 38 2 0 12 20 52 2 89 7 13 20 11 55 20 200 26 10 49 61 2 2 8 21 34 4 78 14 6 24 26 44 16 84 23 7 14 44 4 0 0 22 32 0 77 6 14 37 6 60 18 79 12 17 2 8 2 0 6 23 38 0 48 6 11 11 18 38 12 59 19 4 23 26 2 0 2 MGT Page 43 TOT L E T C " DRC T -•m Y STATION F DAY Hour of Day Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 Station 8 Station 9 Station 10 Station 11 Station 12 Station 13 Station 14 Station 15 Station 16 Station 17 0 0.92% 0.00% 0.98% 0.16% 0.13% 0.53% 0.85% 0.77% 0.98% 0.86% 0.63% 0.59% 0.14% 0.17% 0.39% 0.000% 0.28% 1 0.57% 0.86% 1.14% 0.32% 0.13% 1.27% 0.98% 0.81% 0.00% 0.78% 0.51% 0.40% 0.39% 1.22% 0.78% 0.000% 0.00% 2 0.35% 0.00% 0.84% 0.16% 0.53% 0.93% 1.24% 1.30% 0.30% 1.14% 0.57% 0.49% 0.28% 1.26% 0.00% 0.000% 0.00% 3 0.26% 0.00% 1.14% 0.48% 0.40% 0.13% 0.92% 0.42% 0.15% 0.73% 0.76% 0.59% 0.35% 0.42% 0.00% 0.000% 0.00% 4 0.57% 0.00% 0.49% 0.64% 0.53% 0.33% 0.13% 0.35% 0.30% 0.46% 0.25% 0.20% 0.14% 0.42% 0.00% 0.000% 0.00% 5 0.090% 0.29% 0.27% 0.48% 0.13% 0.00% 0.39% 0.28% 0.60% 0.20% 0.25% 0.00% 0.21% 0.50% 0.00% 0.00% 0.28% 6 0.52% 0.00% 0.35% 0.32% 0.13% 0.27% 0.13% 0.84% 0.30% 0.66% 0.38% 0.40% 0.14% 0.59% 0.00% 0.000% 0.28% 7 0.79% 0.29% 0.82% 0.80% 0.33% 0.80% 0.52% 1.27% 0.15% 1.52% 0.57% 2.08% 0.60% 0.92% 0.00% 0.000% 0.56% 8 0.79% 0.29% 1.41% 0.96% 1.39% 1.27% 1.05% 2.18% 1.06% 2.38% 0.63% 1.09% 0.28% 1.05% 0.39% 0.000% 0.56% 9 1.09% 0.00% 2.50% 1.29% 0.53% 1.67% 2.29% 2.85% 0.90% 2.68% 0.63% 0.79% 1.06% 2.81% 0.78% 0.000% 0.28% 10 1.57% 0.29% 3.13% 1.45% 1.06% 1.47% 2.22% 2.53% 2.26% 3.82% 1.71% 0.99% 0.42% 2.22% 0.39% 0.000% 1.12% 11 1.44% 0.58% 3.84% 1.53% 1.33% 3.20% 1.37% 2.43% 1.36% 4.78% 2.40% 1.88% 1.06% 5.20% 0.39% 0.000% 1.12% 12 2.01% 0.86% 3.45% 1.29% 1.33% 1.54% 1.24% 2.50% 2.03% 5.11% 2.21% 0.99% 0.74% 2.22% 1.17% 0.000% 1.40% 13 2.01% 0.58% 3.07% 0.96% 2.05% 2.07% 1.31% 4.29% 1.28% 4.61% 1.58% 0.59% 1.20% 2.39% 1.56% 0.000% 0.56% 14 2.97% 1.15% 2.61% 2.01% 1.72% 0.80% 1.50% 3.06% 1.06% 4.33% 1.26% 0.20% 0.63% 2.60% 0.00% 0.000% 1.26% 15 2.62% 0.00% 3.45% 0.72% 1.79% 0.67% 2.22% 3.06% 0.98% 3.80% 1.64% 0.40% 0.81% 2.89% 1.17% 0.000% 0.00% 16 1.14% 0.29% 3.70% 1.53% 1.59% 1.27% 1.50% 3.34% 2.19% 3.90% 0.88% 0.00% 1.23% 1.80% 1.17% 0.000% 1.40% 17 1.62% 0.58% 3.97% 1.85% 2.12% 2.27% 2.03% 2.95% 1.73% 4.30% 1.64% 0.99% 0.84% 2.35% 0.39% 3.45% 1.12% 18 1.88% 0.29% 2.53% 1.45% 1.59% 1.13% 1.63% 2.53% 0.83% 3.52% 1.90% 1.19% 1.02% 1.72% 0.78% 0.000% 0.84% 19 3.23% 0.29% 3.48% 0.48% 1.59% 2.47% 1.18% 1.20% 0.60% 2.68% 2.84% 0.99% 1.23% 1.59% 0.39% 0.000% 1.68% 20 2.27% 0.29% 2.42% 0.56% 0.86% 1.34% 0.72% 1.93% 1.51% 5.06% 1.64% 0.99% 1.72% 2.56% 0.39% 3.45% 1.12% 21 1.49% 0.58% 2.12% 1.13% 0.40% 1.60% 1.70% 1.55% 1.21% 2.13% 1.45% 0.69% 0.49% 1.84% 0.78% 0.000% 0.00% 22 1.40% 0.00% 2.09% 0.48% 0.93% 2.47% 0.39% 2.11% 1.36% 2.00% 0.76% 1.68% 0.07% 0.34% 0.39% 0.000% 0.84% 23 1.66% 0.00% 1.31% 0.48% 0.73% 0.73% 1.18% 1.34% 0.90% 1.49% 1.20% 0.40% 0.81% 1.09% 0.39% 0.000% 0.28% MGT Page 44 QUESTION 3 - APPENDIX 111:110 Ilf*U III,,,, "'r III o iim & III°i 0USIII II The population of Corpus Christi includes 77,062 residential units according to the 2010 U.S. decennial census. This is an increase of approximately 10%from a decade earlier when the residential population was 72,182 persons. Historically,the City population had been increasing steadily since 1970, growing about 1%annually. Population Historic Change IIIIIIIIIIIIIIIIIIIIIIIIIIIIII Population Annualized Rate 350,000 1.6% 300,000 1.4% 250,000 1.2% 200,000 0.8% 150,000 0.6% 100,000 50,000 0.2% 0 .................. L.............. L.............. L.............. L.............. L.............. L.............. 0.0% 1970 1980 1990 2000 2010 2011 2012 These figures represent residential population and does not account for the variation during the daytime hours for commuters, shoppers, and out of area employees. It is estimated (using census data) that Corpus Christi increases approximately 3% in population as people converge into the City for work. Once again,this does not factor flow-through traffic, shoppers, and tourists. The residential population is also not evenly distributed. It is well understood that demand for emergency services correlate with areas of higher population. The following map shows the concentration of residential population by census block group areas. Page 45 MGT 3 5 Corpus Christi, Texas 7 1t11 �iur��.. 7 fl uuuuuuu Ii ��,�,� '44; �/�✓_ � � �Irl �r aa' � iIIIIIII�I rr am" �liuuuuuuu I as „„ a� m III VVVV IIVV'V, VV. r Tarr r � illllilllilll 111 11 � 77 tr 0 ° ✓� r .i n 59 Airports i li ' W� �' w ✓� a City Limit Line '10 Population l SgMi aae us^ �IIIIIIIIIIIIIIIIIIIII` 2,000 2,001-4,000 4,001-5,500 5,501-7,500 ..... 7,501-15,925 p 2 4ltwliles MGT !)f Hn�AFW ' IN'f Page 46 MGT Although general population levels play a role in the geographic distribution of demand for fire and medical services, it is important to examine the composition of the population since the aged and pediatric populations are more prone to serious medical emergencies and to succumb to smoke and fire due to their behavioral tendencies during a fire. Children often hide making an interior search by firefighters more difficult, while mobility issues limit the ability of the aged to escape. The following graphic illustrates the levels of population by age group in Corpus Christi. 85 years and over 80 to 84 years 75 to 79 years 70 to 74 years 65 to 69 years 60 to 64 years 55 to 59 years 50 to 54 years 45 to 49 years 1:1 Females 40 to 44 years 35 to 39 years M Males 30 to 34 years 25 to 29 years 20 to 24 years 15 to 19 years 10 to 14 years 5 to 9 years Under 5 years L.... . 15,000�10,00�05,0�00 0 �5,00�010,�00O5,000 6%of the City's population is less than five years of age, while 12.6%are younger school aged (under age 15). An additional 15%are over aged 65,together with the younger population, efforts for fire prevention and fire escape procedures should be emphasized with these groups. It is fortunate for the City to have the largest segment of its population within the 5-24 years of age cohort. It has overtaken the next oldest age group,the prime working ages of 25-44 that has suffered a decline in numbers in the 2000 census. The following table details the change in age cohort levels over the previous two census tabulations of residential population. Total Age <5 5 to 24 25 to 44 45 to 54 55 to 64 65 to 74 75+ 2010 305,215 21,721 88,981 79,768 43,222 46,351 19,298 16,951 2000 277,454 21,544 85,905 81,067 36,585 21,551 16,944 13,858 change 10% 1% 4% -2% 1 18% 115% 149% 22% Page 47 MGT While the increase in student aged population could put pressure on the public education system for space,the older age cohorts (45+) have significant increases in population numbers. It should be noted that within the next ten years the bulk of these 'baby boomer' population (those born between 1946 and 1964) are poised to enter the ranks of the 'senior citizen' (generally those above the age of 65). It is expected that demand for medical emergencies will rise significantly and the threat of fatal fire death may also increase based upon the age progression of the population. In the following graphic, housing is examined by occupancy types. It should be noted that, a higher than average national and statewide rate of renter-occupied properties exists. This is important because areas of lower vacancy and rental properties are typically reflective of better economic means that correlate with lower demand for emergency services. Housing By Occupancy Vacant 10% Apt Renter Occupied 37% Rental properties and vacant properties are more numerous in areas such as Corpus Christi, not only because of its urban nature, but because of other factors such as collegiate housing. The following table illustrates that all segments of housing have increased since the 2000 U.S. Census. Total Owner Renter Vacant Occupied Occupied 2010 125,469 66,832 45,963 12,674 2000 107,831 58,912 39,879 9,040 chan a 16% 1 13% 15% 1 40% It is anticipated that additional population growth will continue into the future as residential developments are filled and new ones are constructed. One method to project population growth is based on several decades of census experience. Decennial census figures from 1990, 2010 and census estimates of population for 2011 and 2012 were used to extrapolate forecasted population figures through the year 2050. Page MGT This method, however, can fail to account for expected trends in the growth rate of an area.These changes often result from redevelopment, changes in employment capacity, or other socio-economic factors not taken into consideration in a linear projection from historic rates. Because of this, local population projections from agencies with differing methodology are also reviewed. For Corpus Christi, information available from the Texas State Data Center of the University of Texas-San Antonio using the same growth rate methodology as the Metro Council of Governments that encompasses the City$. The comparison of the two methods of population growth for the City of Corpus Christi is presented in the following graph. Population Projections 450,000 400,000 .... 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 2015 2020 2025 2030 2035 2040 2045 2050 IIIIIIIITSDC 317,264 319,971 323,841 327,924 341,016 352,847 365,717 378,982 IIIIIIIIIICensus-based 317,943 332,793 345,999 359,372 372,635 386,537 399,704 413,222 As the years progress,the census-based estimates predict increasingly higher population levels compared to the TSDC model. Considering the TSDC model takes into account local factors, it may reflect growth restraints not factored into the census-based forecast method. While these projections are not the definitive authority of future population within the City,they provide a way to base recommendations for future fire protection and emergency medical needs with expected service demand. Ilf,,,III III3Ilf; "'F'A rl0114 A1141113 Ilf*Ilf* IIII "'F'u s lf;)III s"'F'III3III la u"'F'III()II This section will examine the Corpus Christi Fire Department's deployment, risks, and performance in delivering emergency services within the city. CCFD operates out of seventeen fire stations. Seven of these are clustered within the center of the city near the transportation corridors and the downtown urban area. There are two coastal stations located on the barrier islands. A private industrial fire department has six stations on the north part of the city to serve the petroleum industry. Two volunteer 8 0.5 migration methodology(http://txsdc.utsa.edu/Data/TPEPP/Projections/Methodology.pdf) Page MGT fire companies operate stations within the city limits as well. The following map displays the locations of the fire stations relative to the City area and roadway network. s ,, ,� Carpus Christi, Texa s �� seas 77 a, � . 77 i aa; yam � amp, 77 'fl v �h w r at A Jo 367 i '' z2 City Fire Stations der industrial Fire Dept ,. Voiunteer Fire Dept Anrports �E. City Limit Line 0 2 4 Miles - .­J While all but one of the fire stations have crews to operate an Engine-type apparatus,five have crews that are assigned to ladder or truck type apparatus. Ambulances respond from 11 stations. The rest of the limited space in the existing fire stations house specialty vehicles such as a Heavy Rescue unit and specific squad units. "'F' "'F'III o iim III.....0CA"'F'III 0II Il:. II Ilf; II "'F' The location of a fire station for a specific community depends upon the ability to travel within the geography, demographics, and the distribution of commercial, industrial, and residential property. There are nationally recognized benchmarks for locating a fire station that will be discussed in the sections that follow. IISo cIIu"'rIf:::llkllA The Insurance Services Office (ISO) utilizes its Fire Suppression Rating Schedule to evaluate municipal fire suppression capabilities. It includes fire station location analysis with objective mileage-based criteria as follows: Page 5 MGT "The built-upon area of the City should have a first-due engine company within 1.5 miles and a ladder-service company within 2.5 miles." The ISO considers the optimum physical location of engine companies and ladder companies essential to earning maximum credits. The problem with using mileage alone is that, speed capability of the road affects the time travelled;the ISO criterion does not take this into account. It should be strongly noted that ISO apparatus distance is only one of many criteria to which the ISO evaluates a department to include equipment,testing, and dispatching. Nonetheless,the following map showed the 1.5 mile distance of Engine Company from the stations. Just less than fifty percent (51%) of the city streets are reachable within the ISO recommended distance for an Engine company. Notable areas without coverage are near the stations without an engine apparatus. Station 2 has a truck apparatus that is first due and would obtain credit for its distance. Most of the populated urban core area is adequately covered under this parameter. r � Corpus Christi, Texas 1 77 , e, ' �'f 181 77 7 44" _ Ad AW AA y Ct f'6111 / N191A„eA 77 W �zz INP/r, zip J 7C Airports City Fire Stations ISM Engine Distance � �” ..... .......°III --- 1 miles from stations p 2 4 Miles The following map illustrates the 2.5 mile distance for a ladder truck from the stations that house them. Truck apparatus,with their long ladders are able to reach higher buildings and larger square footage structures such as 'big box stores'. Fire departments typically position them near an area that contain many such structures and is why the CCFD has clustered them in the downtown area. Page 51 MGT Corpus Christi, Texas ;, � e, i� m� w � ��. 77 'sza , Y� 77 _ toter �5 77 �, ;,�✓ `,. s Truck l Ladder Station 9 ISO Truck Distance --- --2.5 miles from station City Fire Stations i{ Airports E.3 City Limit Line The core downtown area of Corpus Christi is within the ISO 2.5 mile review distance. It should be noted that all the hospitals and city hall are within the distance coverage. However, schools and universities tend to be large buildings and a geo-comparative analysis indicates one of three universities and 53 out of 110 schools or librariii are within the ISO recommended distance of a truck company. III,,,,A 114 13 U S E.' It III s IK c It III"'r Il:.."1111 III Another way of approaching this issue is to define levels of land use risk and assign a response-time requirement to each risk, rather than use just straight mileage response. These risks can be defined as follows: • Highest - Refineries, large industry, hospitals, school dormitories, lumber yards, and propane storage facilities without built-in suppression or detection systems; • High - High-rise hotels and residential buildings, large shopping centers, and industrial complexes; 9 From City-supplied GIS file"Publicities" Page 52 MGT • Medium - Commercial and industrial facilities with sprinkler systems, small shopping centers, and high-density, medium density residential buildings; • Low—Lower density Single-family dwellings • Minimum -Wide separation of single family dwellings and farm land. In the following map,the zoning classifications1'were re-categorized generally into the five risk levels described above. r � � y 'Carpus Christi, Texas a, L wai � 77 i r "✓ rI �am 77 t '. �su 4N aa` 44,' na a t t r sfrr ti t ^iw a�. prE 77 m . b7 3 90¶ °722 City Fire Stations aa� Airports 0 �z2 City Unnit Line Risk,Level Lowest . l h1 Low Moderate HIgh F Highest ,,. o 2^4 Miles """""'"' * fi 01 Anl FW ' IN.f Near the clustered set of fire stations are almost all of the highest risk areas. These are along the interstates, railways, and the downtown area.This is an appropriate and fortunate arrangement. Ilk If:::S If,o IN S If::: "'r II Im If::: C A IP A I13 II IL...II"'r y c III II"'r If:::Ilk II A The response time of fire and EMS apparatus to the scene of an emergency incident is an essential determining factor as to the magnitude of the fire or medical emergency that the fire department must handle upon arrival on the scene of the incident. The theory is the shorter the response time, the smaller the fire that must be extinguished and the better opportunity for paramedics to save critical patients. 10 Corpus Christi GIS Zoning Data Page 5 MGT Time-related criteria for determining and evaluating fire station locations may be viewed from the perspective of two broad categories of types of incidents:fire and emergency medical service related incidents. NFPA 1710 Standard There are a number of applicable NFPA standards and practices that include response time considerations important to labor and fire officials nationwide. NFPA 1710 (Standard for the Organization and Deployment of Fire Operations) response time-related provisions are described in the following sections. NFPA 1710 is a guideline that serves as a benchmark for the deployment of services offered by firefighters. It is a widely accepted goal for paid/career fire departments that describes the requirements for delivery of services, response capabilities, incident management, and strategy. It includes the following benchmarks related to call receipt and processing time,turnout time, and response (travel)time: • Turnout time of eighty seconds on fire suppression calls and sixty seconds for EMS calls; CCFD's goal is sixty seconds for all calls. • The fire department's fire suppression resources deployed to provide for the arrival of an engine company within a four-minute travel time and/or the initial full alarm assignment within an eight-minute response time to 90 percent of the incidents; CCFD's goal is the same. • The fire department's EMS basic life support (BLS) resources with automatic defibrillator equipment deployed to provide for the arrival of a BLS unit (EMS first responder or transport unit)within a four-minute travel time; and, • The fire department's EMS resources providing advanced life support (ALS) service deployed to provide for the arrival of an ALS company within an eight-minute travel time to 90 percent of the incidents. CCFD's goal is the same. Not all requests for services to the fire department ought to be construed as requiring apparatus to respond emergently or within the short time constraints. These should be limited to the critical emergencies in which they were designed. The following map models the travel time of apparatus from each of the current fire stations. The model utilizes the street network of the City and surrounding areas calculating the travel time extent via distance and speed capability of streets. Actual posted speed limits were utilized and time penalties were assessed for negotiating turns and intersections. This model assumes departure from the fire stations which may not always be the case. It also does not take into account weather conditions,traffic congestion, construction, or detours. It does respect the one way restrictions as they are in place. Page 5 MGT Corpus Christi, Texas ar e, %v 77 �� ��� �rvMWwW✓FwPoNR.�'M�tinxM I 95 w NUS„","fin I J �re r J _. f,� �' r i z2 QV a City Fire Stations w / h; Airports 0 Restriction Travel Restrictions: raj , Travel Time Two arterial roads shown afrom national 4 minutes taset are not 8 minutes consistent with city- supplied centerline ry„ r GV City Limit Lire S detaset. p 2^^41Mi1e5 "”""'"'” *w, , ,fi Page 55 MGT ar Corpus Christi, Texas rl a ;�r 1 r t m 00� n tom„ 0r s 1 ^ INN 35T y IJ 111 wu /f° Il % t (22) City City Pire Stations aaer Airports Travel Restrictions: �l 0 RestrictBon Two arterial roads shown from national ® Medic Units stock dataset are not Travel Time from station consistent with city- 0-4 minutes Supplied centerline GIS dataset. 4-8 minutes N MGT *Excludes Turnout Time 2 4 �Miles �4 This particular model in the preceding figure represents the capability and geographic extent when responding to the most critical of incidents. Certain areas of town will require slightly more time to reach than those areas that are naturally closer and roadway accessible to the existing fire stations. It can also be seen in that there could be some coverage overlap of the travel time between the downtown stations. While this may seem wasteful, it has to be taken into consideration that fire calls usually do not require a single apparatus response like medical calls. Multiple apparatus from many stations are standard firefighting procedure. It calls for the arrival of the entire initial assignment (sufficient apparatus and personnel to effectively combat a fire based on its level of risk) within a certain amount of time. Under NFPA 1710 guidelines for career departments this is usually 13-15 would equate to two engines, one truck and a chief within eight minutes of dispatch with each apparatus manned by four personnel. This is to ensure that enough people and equipment arrive soon enough to be effective in controlling a fire before substantial damage occurs. In Corpus Christi, current staffing for engines and nearly all trucks are three person crew and medic units are two. The following map illustrates the geographic extent of staffing concentration at varying levels. Page 5 MGT Corpus Christi, Texas e, 77 pi�HM1r7 � �Mmxl"�I �� Vs as qg'� 44 , am 0 �M1 t � i GT„ nnNN b �b, z N !!!W ��• Airports ,a ` _. rrr City Fire Stations } !221 f W Current Staffing Concentration � �� within 8 minutes 6 10 `�L....w ...�11-20 L.�.�.�.. 21-30 31-4 41-54 The Corpus Christi Fire Department has established a first alarm for structure fires as a collective initial response of the on-duty deputy chief,three engines, one ladder truck, and one medic unit for initial report of a structure fire. The following map illustrates the geographic extent of first alarm coverage by the CCFD. Page 57 MGT 77 Y % Corpus Christi,isti, Texa 7 624xN'�' xM+w.w 77 0ia mn+ 'mmr,«wxxd °n Lri�u '44' .... 7 X 44 77' IN, , iy w, � •, City Fire Stations ) Airports Current Apparatus Concentration First Alarm within.8 min Travel --- -- ....... Subsequent Alarms(8 Mies) 1 p 2 d Miles '""�^� ,: ,�� MGT With the Battalion Chiefs located at Stations 1, 5, and 14;the geographic extent is limited to their travel time capability. Without the inclusion of a Battalion chief in the analysis,the geographic extent of the first alarm effective firefighting force is concentrated in the same area due to the cluster of stations. Ili Ili 116E II "'r s 16E lli III C E.' Il3 IIIE"114A 114 li AINA111 Y S III The name "Fire Department" has historical and traditional roots, but in today's realm of services that are provided by the department, it can be misleading. Thanks to the preventive programs, improved construction codes enforced, and sprinkler systems; actual fires are fortunately fewer than in decades past but remain a potential serious threat. Demand for the services of the fire department range from medical incidents,to rescues,to trees down on wires,to calls for trapped people or animals to name a few. Demand is not typically distributed evenly within an area. There are areas where incident calls occur frequently and near each other as well as other places where demand is less intense and the occurrence is further from each other. Service demand is typically higher in areas of higher population, not just Page 5 MGT residential but as offices and shopping centers fill with people as well. The following map illustrates the level of demand for services over the last year11 for the Corpus Christi Fire Department. ii Dispatched Calls from PSAP plotted using supplied geographic coordinates Page 5 MGT 77 , Corpus Christi, Texas 8 I � 1 �7 9(4 Il 49 lJl l+i yrY 77 Mrs r 1 „ i P I J� a Wv City Fare Stations � Airports 1 City Limit Lane Demand n Incidents per SqM $' s mm mm <.150 : IIIIII 151-400 I II ryry 401-750 G........._ll 751-1,226 1,226-2,378 0 2 4 Miles Z�1-« I.J The amount of demand that can be reached within travel time parameters of four and eight minutes is of vital importance to evaluating the current station locations. Comparing the travel time model capability against the demand for services, it was found that 81.5%of all calls in 2013 were within a four minute drive time from a fire station and over 98%of demand was within an eight minute drive time. The most critical dispatch for fire apparatus is that of a reported fire. Isolating these reported fire dispatches (NFIRS 12 Code 100 series) compared to the modeled travel time reveals that 75%of reported fires are reached within four minutes and 97%within eight minutes of travel. Looking specifically at structure fires (NFIRS Series 111-121) reveal similar statistics. However, while all stations do house fire apparatus, not all stations host a medic unit. The eleven medic unit stations are within four minutes of travel from host stations to 69%of EMS type calls (NFIRS Series 300). They are within eight minutes away from another 22.6%of EMS calls. Some EMS calls are more critical than others but this is not distinguishable from the incident data supplied. Records of incidents with the City of Corpus Christi were acquired from the fire department's records management system records. The call types discussed in the following analysis are categorized as they are dispatched, not what may have been actually found upon arrival of fire personnel. For instance, someone may have reported a fire, but it was found to be a smoke condition due to burnt food. This disposition and reclassification reporting is the fire department's responsibility. The following graph 12 National Fire Incident Reporting System Page MGT illustrates the change in volume for categories of reported fire, medical and all other categories of incidents (alarm, hazard, spill, etc.) over the past nearly four years as 2013 was not complete when records were requested13 Workload History 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 .., iuuuuuuuuuuuuuuu I ...., 2010 2011 2012 IIIIIIIIII Fire 1,049 1,309 954 IIIIIIII EMS 29,391 31,327 34,286 IIIIIIIOther 7,534 7,768 8,752 It can be seen that medical calls account for about 77%of service demand within the City of Corpus Christi. Fire calls are approximately 2—3%while other types of service calls account for the remaining percentage,just over 19%. Examining the data more closely, changes in demand can be seen on a monthly basis.The next graph illustrates that service demand is slightly higher in the summer months for all types of calls. Worklad by Month .............O °°°°2011 ////. 2012 °2013(Partial) 4,500 4,000 �; dli dlii„' A elli. 3,500 do^ � . iIIIW �"”" ":� Illllllllfl M 3,000 u 2,500 2,000 1,500 1,000 500 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC is 2013 records from Jan 1 to Oct.22nd Page 61 MGT Examining the department service demand by the day of the week reveals that Saturdays are the busiest days of the week for calls. Fire calls are most numerous on Sundays with all other call types volume varies by year. Workload by Day of Week 1111111111112010 1111111111112011 1111111112012 2013(Partial) 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 �.... �, SUN MON TUE WED THU FRI SAT Next,the workload is examined upon an hourly basis displayed as a percentage by call type because the higher EMS volume has been solidified as true in the previous figures. It can be seen in the following graph that service demand for the fire department increases with daytime human activity. Not surprisingly, EMS demand volume surges beginning at 6 AM and remains high until after 5 PM when it steadily declines. Calls for fires begin to really ramp up after 12 PM reaching an apex in volume at the 4 PM hour before falling off in number. All other types of calls follow a similar pattern to EMS calls but continue to rise after the 6 PM hour. Workload by Hour of Day . EMS ...............IIIIIII......•Fire ,try Other 9% 8% M 7% 6% a 5% °° Y 3% ��� 2% 1% 0% 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 62 MGT The geographic pattern of demand does not significantly shift towards one end of town or the other based on the time of day.The individual call points appear as scattered throughout town as they do during the day. To determine any real temporal movement,the center point of demand was determined by every 3 hours throughout the day and night.The center of demand remains near the downtown core as the hours elapsed. Peak demand hours are typically when simultaneous calls occur and this can reduce the available units for subsequent calls. To gauge the likelihood of this occurring,the following table illustrates the simultaneous call activity in 2013 for the City of Corpus Christi Fire Department. Level All Calls Fire EMS Other Single 19% 89% 18% 80% 2___ 19% 10% 20% 16% 3 16% 1% 18% 3% 4 1 12% 0% 14% 1% 5 10% 0% 11% 0% 6s___ 7% 0% 7% 0% 7 5% 0% 5% 0% $i___ 4% 0% 3% 0% 9 3% 0% 2% 0% 10 2% 0% 1% 0% 11 1% 0% 0% 0% 12 1% 0% 0% 0% 13 0% 0% 0% 0% 14 1 0% 0% 0% 0% 15 0% 0% 0% 0% 16 0% 0% 0% 0% 17 0% 0% 0% 0% 18 0% 0% 0% 0% 19 1 0% 0% 0% 1 0% 20____ 1 0% 0% 0% 1 0% This table must be viewed with caution because it utilizes the last unit cleared time to calculate the level of concurrent calls. Many units dispatched initially may have cleared and are available, while one unit or the deputy chief may remain on scene, keeping the call 'open'. While most of the concurrency within the City is caused by EMS calls, it is important to remember that fire apparatus can clear quickly since they do not have a transportation component. More importantly then is how busy the individual units are and if the City runs out or dangerously low in resources. The next section details the workload by unit for the last nearly four years of data. Page MGT (Fire Apparatus) Unit Workload 1111111111112010 11111111111112011 1111111 2012 2013(partial) 14,000 12,000 10,000 J 8,000 6,000 4,000 IIII II �>>i ii>>r �i i�>>i IIII Illl l 11111 ��11� 2,000 O O .-I N M l0 n M `t Ln l0 n 00 M N n M W W `� W W W W W W W W W W W W W J J J W N N (Medic Units) Unit Workload 111111111112010 11111111111 2011 11111111 2012 ;2013(partial) 30,000 25,000 20,000 15,000 10,000 5,000 O ci M � Ln N M l0 00 Ol It can be seen which are the primary apparatus and the workload for each correspond generally with the level of demand in their primary area although many times they travel as needed to other areas. Fire suppression apparatus should not respond to routine medical calls especially in situations where medical personnel already exist such as clinics, doctor's offices, and nursing homes. An exception to this overall recommendation is where additional manpower is beneficial such as cardiac arrest, severe trauma, multiple victim incidents, obese patient and the like. Another exception would be to send a fire suppression unit if the ambulance is responding from out of district. While the amount of calls for service may seem impressive,this belies the actual amount of time units spent on calls during their shift. Some calls, like fires,take hours while others are cancelled within minutes as units arrive or are called off by a crew already at the scene. Fire labor unions postulate that Page MGT fire suppression units should be no more than a .20 ratio; lest firefighter fatigue and career burnout ensue. It further proposes that fire based EMS units should be no more than .30 ratio. Private EMS industry considers adding an additional unit when ratios reach .45 and routinely run units at ratios higher than .50. The following graph measures the utilization rate for each apparatus in service utilizing actual time on calls according to the dispatch record. Unit Utilization Rates 2010 111 2013 0.40 ........................................................................................................................................................................................................................................................................................................................................................................................................................................... 0.35 0.30 0.25 ......................................................................................................................................................................................................................................... 0.20 0.15 0.10 0.05 0.00 �O�r-INM�IDI�M-;tLnlgr,0o Lnr-4 r-i J �r-I0r-IM�Ln Nm(.oco Mr- ;t W r W W W W W W W J riri �6^��W W W W W W W � 22222 W 275; An increase in utilization rate can be seen since the year 2010 due to an increase in demand. In general, the busier units are in areas of highest demand. EMS units have higher utilization rates due to a transportation component when a patient is delivered to the hospital. Medic units were added to Stations 3 and 9 in 2013.While EMS calls are reportedly dispatched with both a fire apparatus and a medic unit, 21.5%of these calls in 2013 were answered with only one unit. While it may appear to the cursory observer that many of the units are under-utilized and can be eliminated; a word of caution must be noted. These utilization rates comingle days and hours of day with light demand with days and hours of heavier demand. A closer look at the needs based upon geographic coverage and temporal utilization will be discussed thoroughly in a following section, along with recommendations for station and apparatus deployment. In evaluating the deployment of facilities, resources, and staffing, it is imperative that potential changes in workload that could directly affect such deployment be examined in order to maintain acceptable levels of performance. For purposes of this study, population projections extrapolated from the Texas State Data Center proportional to Corpus Christi was multiplied to an average of the forecasted incident rate calculated from a five-year history of incidents per capita and the actual average incident rate per capita to estimate workload through the year 2050.The result of the analysis is shown in the following chart. Page 65 MGT Workload Forecast 100,000 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 MMMMM .. MMMMM � MMMMM . 2020 2025 2030 2035 2040 2045 2050 IIIIIIIIII Fire Calls 1,146 1,160 1,181 1,228 1,276 1,325 1,378 IIIIIIII EMS Calls 42,573 48,564 55,044 63,045 71,488 80,505 90,223 IIIIIIIIIOther Calls 10,725 12,210 13,819 15,807 17,906 20,147 22,561 Fire incidents are forecasted to have a meager rate of growth, but this is reflective of national trends due to improvements in building codes and public fire education. EMS and other types of fire calls are expected to continue to rise because of the increased population. This will have a strong effect upon resource deployment and number of units needed in the coming years and will be discussed in a later section. OVllf; llR llf;` SU114114AII11Y The following table summarizes the coverage of the aspects of the community against the various measures discussed above. C`oveiage Type ISO Engine ISO Truck 4 Min Travel 8 Min Travel Zoning Risk Totals Population 73% 97%. Community Risk 71% 64% 81% 98% 100% Category 1 9% 9% 20% 17% 17% Category 2 2% 2% 2% 1% 1% Category 73% 77% 77% 62% 62% Category 13% 8% 14% 12% 12% Category 4% 4% 10% 8% 8% Demand 81.50% 98.40% Fire 75% 97 EMS! 69% 91.60% EMS Demand coverage in the above table reflects medic unit locations, not all fire stations or apparatus. Page MGT Ili Ili Ilf i II "'r Ili l:.."s Ilf*o II Il: "'r III II 116E A 114 A III,,,,Y III The most important measure of performance of any emergency service provider especially to whom they serve, is how fast does help arrive. Discussions of the reasons for and the specific parameters of the establishment of national response time guidelines from the NFPA have been outlined earlier. The following chart illustrates the overall response time performance for the first arriving apparatus using the incident dataset supplied. Mutual aid to other areas was removed as well were non-emergency requests, such as public assists and standby's. The average response time for first arriving units is five minutes and five(0:05:05) minutes,while 90%of all calls is answered within seven minutes and twenty-six minutes (0:07:28). Overall Response Time Performance IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIFrequency Cumulative% 8,000 ��,Ave���a�ge����5�����24������������������������� ' 120% r 7 000 100% 6,000 ���'`� ,o Feu,,,,,,....., ........... t.............................................. t.�.�.............. „w,, 80% 5,000 C 3 4,000 8'28 60% Cr v LL 3,000 40% 2,000 1,000 .. 20%oo 0 ... VVVVV. ..ViVVVV iuuuuu. MMMU...... ...... 0% 00 .00 00 00 .00 .00 .00 00 00 .00 .00 .00 .00 00 .00 .00 00 OL O� OHO O'b y0 yl y4� ti0 yR' ti0 S0 O O O O O O O O O O O O O O O O Hr:Min:Sec While the response time performance for all calls is longer than recommended benchmarks, it should be emphasized that these guidelines were established for the most serious and critical incidents. The fire department responds to a variety of calls, many of which do not necessarily require an absolutely urgent response. For instance, it is unquestionable that being dispatched to the report of a structure fire or a serious medical emergency requires the fastest response from the fire department. The following figure displays the hourly response time performance for calls dispatched as a structure fire.The overall average response to this type of call is three minutes and forty-eight seconds (0:03:48)for the first apparatus to arrive,with 90 percent of the calls reached within six minutes and eight seconds (0:06:08). Page 67 MGT Average Hourly Response Time (Structure Fires) 0 23 oo 21 3 20 - 4 n 02TM9 18 6 17 k., 7 16 8 15"` 9 14" .........,, ­ 10 12 For serious medical emergencies, such as a heart attack, stroke, or major trauma,the community relies upon the CCFD to be the medical first responder to provide basic life support functions, such as oxygen, splinting, and defibrillation before the arrival or with the advanced level paramedics, provided by paramedics. The next chart shows the hourly response time performance for EMS call type for 2013. Unfortunately, because the dataset does not discern criticality,this chart shows the total EMS calls that occurred within the city. The overall smoother look of the graph is due simply to the more data points in the set. Nonetheless,the average response time to a serious medical call in Corpus Christi by the fire department is five minutes and twenty-five seconds (0:05:25), with 90 percent of all of these types of calls are answered with just under eight and a half minutes (0:08:27). Page MGT Average Hourly EMS Response Time 0 23 .,.o z: � ,....,.... 1 22 .",..",.,",.,,.,," , "" 2 0111° ap,ITr .. 3 21 20 4 ..,", AA, 0.A'b 19 5 O r �.. 6 18 �r� ��- w.w µ / 17 7 16 8 15 9 14 _ X10 13 11 12 There are many factors that can contribute to delaying a response, such as weather and construction to name a few, but one that is ultimately controlled by firefighters and paramedics is turnout time. Turnout time is elapsed between the dispatch and the unit becoming en route to the scene. For 24 hour shift workers, it is not unusual for this delay to extend during the overnight hours as seen in the following graphs. The first graph that follows measures the average hourly turnout performance for fire apparatus after being dispatched to a structure fire (NFIRS Code Series 111-121). Page MGT Average Hourly Fire Unit Turnout 0 23 ; „:R;. .,-.. 1 µ- 22 h2 21 3 r 20 4 F ✓ tr . 19 5 www µ 18 6 , w 17 7 .. ✓✓ 16 8 .`." „„, 15 9 14 ”"„"„", 10 13 _ ..........___-- ..:,..11 12 The overall average for this analysis is one minute and twenty-eight seconds (0:01:28). This is slightly longer than recommended by the NFPA and factors such as procedure, station design, length of shift, and supervision should be examined. The same holds true for medic units whose turnout time performance for EMS calls is also above recommended limits. Page 7 MGT Average Hourly Medic Unit Turnout 0 23 ',; x:. .,-.. 1 22 2 21 3 20 "�; 4 19 ...... 5 18 6 17 7 16 8 15 9 14 "",.,,., 10 13 _ ..........___-- ..:,..11 12 The overall average turnout time performance for a medic unit responding to an EMS call (NFIRS series 300) is one minute and nine seconds (0:01:09). Once again, determining the criticality, hence the urgency required for a given dispatch is not discernible by the NFIRS coding system. IIIt Il:. 111:110 114 S Ilf; Ilf*Il:. III1 l::::0 1111114A 114 C Ilf;` SU114114AII11Y The following table summarizes the response performance of CCFD for 2013 measured against various goals specified earlier. pc�mand Fire Cellls 'EMS Calls ' Turnout Time Average 90th PCTL Average 90th PCTL Average 90th PCTL Average CCFD Goal, 5:00 5:00 1:00 NFRA 1710! 5:00 5:00 1:20 oveirall 5:05 7:28 3:48 6:08 5:25 8:27 1:28 1 Fire Units 1:09 EMS Units ! Page 71 MGT BENCHMARK. INFORMATION - APPENDIX For operational matters, a list of peers was compiled from metro fire departments (using the NFPA definition of "Chiefs of cities of over 250,000 population and/or paid departments of 400 or more firefighters") in certain southern states (Texas, Oklahoma, Florida, and Arizona) and those metro fire departments for cities similar in size to Corpus Christi, regardless of where the department was in the country. This created a sample of 30 agencies. For budgetary comparison, only the later part of the peer group was considered to avoid issues related to the economies of scale. This created a sample of 10 agencies. All budget information is for FY 2014 (or FY 2013-14) unless stated otherwise. In terms of total fire department budget, Corpus Christi has the 4th lowest per capita cost of its peers. Corpus Christi's fire department accounted for the 4th highest percent of the city's budget. By either method, Corpus Christi is in the middle tier of its peer group. Few cities split the fire department budget into Fire operations and EMS services. Despite the smaller sample, Corpus Christi's ambulance service costs substantially less than any of the EMS services. Most budgets displayed personal costs instead of salary and benefits broken down. Corpus Christi's fire department had the 3rd lowest per capita personal cost of its peers, and the 4th lowest, and the 5th highest percent of the city's budget. Corpus Christi is in the middle tier of its peer group. Unfortunately, with the exceptions of overtime and pension contributions, this means a review of the peer firefighting budgets does not illuminate much about issues of interest, such as special pay and healthcare. Page 72 MGT F The next table examines the personal services costs for our sample of metro fire departments: Fire Department Personal Services In this comparison, Corpus Christi has one of the lowest personal service costs per capita personal service costs for its Fire Department from within the comparison group and has the second lowest percentage of the Departmental budget. The project team attempted to obtain the Overtime cost and Pension costs from these comparison agencies, but must do not break them out separately, or they were captured in a catch-all bucket for pension. MGT Page 74 Corpus Christi TX 312,195 414 $ 49,545,777.00 $ 36,268,785 $ 116.17 73.2% 8 9 St. Paul MN 290,770 400 $ 54,218,453.00 $ 52,609,212 $ 180.93 97.0% 4 2 Greensboro NC 277,080 441 $ 41,657,654.00 $ 37,059,450 $ 133.75 89.0% 6 6 Toledo OH 284,012 494 $ 65,396,864.00 $ 61,479,996 $ 216.47 94.0% 2 3 Pittsburgh PA 306,211 640 $ 68,609,490.00 $ 67,960,409 $ 221.94 99.1% 1 1 St. Louis MO 318,172 711 $ 63,248,029.00 $ 59,056,413 $ 185.61 93.4% 3 4 Minneapolis MN 392,880 423 $ 58,027,452.00 $ 49,220,451 $ 125.28 84.8% 7 7 Riverside CA 313,673 800 $ 49,929,791.00 $ 35,393,267 $ 112.83 70.9% 9 10 Wichita KS 385,577 370 $ 42,301,778.00 $ 38,807,878 $ 100.65 91.7% 10 5 Laredo TX 244,731 357 $ 43,510,229.00 $ 35,972,036 $ 146.99 82.7% 5 8 In this comparison, Corpus Christi has one of the lowest personal service costs per capita personal service costs for its Fire Department from within the comparison group and has the second lowest percentage of the Departmental budget. The project team attempted to obtain the Overtime cost and Pension costs from these comparison agencies, but must do not break them out separately, or they were captured in a catch-all bucket for pension. MGT Page 74 "'r III°i Il:. lli III s s u Il:. The project team also collected benchmark information on a number of topics as part of our assessment. We focused on 'metro' departments that respond to emergencies in communities that are similar in size to Corpus Christi. This information is summarized in the tables that follow. II: If:::If�Alf 1f l If:::l�1f IINAIMII::: �n Fire Department 16 53.3% Fire-Rescue 7 23.3%.... Under Public Safety as Fire Department 2 6.7% Bureau of Fire 1 3.3%.... Fire& Safety 1 3.3%.... Fire and Emergency Services 1 3.3% Fire Suppression 1 3.3%.... Under Public Safety as Division of Fire 1 3.3% Total. 30.... 100.0%.... 11=lllf lf::: II: If:::If�Alf 1f l If::a�1f 11=11...1f::af:::1f IMA1111N11 l::.:1NA1NCli::: I MI , I Austin,Toledo (has fleet managers on loan to Yes fire department), Riverside 3 10.0% San Antonio, Palm Beach County, Orange County(FL), El Paso, Oklahoma City,Tucson, Miami-Dade County, Sarasota County (although works closely with County fleet), No Greensboro, Lexington-Fayette, St. Paul 11 36.7% Houston, Phoenix, Hillsborough County, Dallas, Information Jacksonville, Fort Worth, Cleveland,Tampa, St. Not Found/ Louis, Minneapolis,Wichita, New Orleans, Unclear Cincinnati, Newark, Laredo, Pittsburgh 16 53.3% Total 30 100.0% Page 75 MGT II:::ImS SUlP11:::IRVIISIIOIN IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ,: � � � m Yes at multiple levels Cleveland,Tampa 2 6.7% San Antonio, El Paso, Oklahoma City,Tucson, St. Louis,Toledo, St. Yes at Command Level Paul 7 23.3% Hillsborough County, Cincinnati, Newark, No Evidence of Separate EMS Pittsburgh 4 13.3% Houston, Phoenix...Palm .... Beach County, Dallas, Orange County (FL), Austin,Jacksonville, Fort Worth, Miami-Dade County, Minneapolis, Sarasota County, Wichita, New Orleans, Riverside (CA), Greensboro, Laredo, Not Found/Unclear Lexington-Fayette 17 56.7% Total 30 .... 100.0%.... II SO RA 11 Il IN G 1 Houston, El Paso 2 Phoenix, Dallas, Austin, Fort Worth, 2 Tucson, St. Louis 6 3 San Antonio, Minneapolis, Wichita 3.... Palm Beach County,Jacksonville, 3 for part of jurisdiction Oklahoma City, Sarasota County 4 4 Miami-Dade County 1 4 for part of jurisdiction Orange County (FL) 1 Hillsborough County, Cleveland,Tampa, Toledo, New Orleans, Riverside (CA), Cincinnati, Newark, Greensboro, Laredo, ISO Rating not found Lexington-Fayette, St. Paul, Pittsburgh 13 Total 30.... Page 7 MGT ACCIRl::::U:)IlII All 10N 5...I..All UPS ^ 7M�iami-Dacle Ilb m Ilb ®m HoCounty (FL), EI P County, Tampa,Toledo, Newark, Yes Greensboro 8 26.7% Registered Tucson 1 3.3%.... Phoenix, San Antonio, Palm Beach County, Hillsborough County, Dallas, Austin, Jacksonville, Fort Worth, Oklahoma City, Cleveland, St. Louis, Minneapolis, Sarasota County, Wichita, New Orleans, Riverside (CA), Cincinnati, Laredo, Lexington- No Fayette, St. Paul, Pittsburgh 21 70.0% Total 30.... 100.0%.... IRl::::Sl:I0NSl:::: 11 IIMl:::: GOAIIS 3.0:48 9:36 8:24 7:12 6:00 4:48 3:36 2:24 r..:12 0.1:0.10.1 ° �\o � \ " �c EMM IDela rtme nt Goal -Average Resl'.)onse I ime Goal Page 77 MGT RIF.SPOINSIF.: 11 IIMIF.: GOAII S(1F.:IM S) EIMS Respoinse I iirne Goall .1.0:48 9::36 8::24 7::1.2 6::00 4::48 2:�34 1:12 0:00 o" cpl� ME=1::)el,,.)ai,,tinei1t Goal -Average Resl'.)oinse Clime Goal Page 78 MGT