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Agenda Packet City Council - 08/19/2014
1201 Leopard Street Corpus Christi Corpus Christi,TX 78401 tt . cctexas.com Meeting Agenda - Final City Council Tuesday,August 19, 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 tree que su ingles es limitado, habre 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 Rick Milby, Abundant Life Fellowship. C. Pledge of Allegiance to the Flag of the United States to be led by Billy Delgado, Emergency Management Coordinator - Fire Department. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations/ Commendations 1. 14-00929 Proclamation declaring August 19, 2014 as, " Ariel Natalie Monte, Miss Corpus Christi USA Day" Proclamation declaring September 6, 2014 as, "Operation K.E.Y.S. - Keeping Every Youth in School Day" 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. Corpus Christi Page 1 Printed on 8/15/2014 City Council Meeting Agenda -Final August 19, 2014 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. Other H. EXECUTIVE SESSION: (ITEM 2) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2. 14-00939 Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. I. MINUTES: 3. 14-00931 Regular Meeting of August 12, 2014 Attachments: Minutes-August 12, 2014 J. BOARD & COMMITTEE APPOINTMENTS: (NONE) 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. Corpus Christi Page 2 Printed on 8/15/2014 City Council Meeting Agenda-Final August 19,2014 L. CONSENT AGENDA: (ITEMS 4- 10) 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 un less requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 14-00739 Approving amendment no. 1 to engineering design contract for area improvements at North Beach (BOND 2012) (Prop. No. 8 Economic Development Projects) Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Engineering Design Contract with RVE, Inc. from Corpus Christi, Texas in the amount of$303,505, for a total restated fee of$352,465, for North Beach Area Road Improvements and Area Beautification and North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement for the design, bid, and construction phase services. BOND 2012 Attachments: Agenda Memo- North Beach Area Road Improvements Project Budget-North Beach Area Road Improvements Location Map- North Beach Area Road Improvements Amendment No. 1 -North Beach Area Road Improvements Presentation-North Beach Area Road Improvements 5. 14-00791 Approving amendment no. 31 to the Runway 13-31 Extension/Displacement and Connecting Taxiway project at the airport Motion authorizing the City Manager, or designee, to execute Amendment No. 31 with KSA Engineers, Inc. from Longview, Texas in the amount of$74,803.00 for a total restated fee of$6,739,912.71 for the Corpus Christi International Airport Runway 13-31 Extension/Displacement and Connecting Taxiway Project for additional design services. Attachments: Agenda Memo-KSA Amendment No 31 Project Budget-KSA Amendment No 31 Location Map-KSA Amendment No. 31 Presentation-KSA Amendment No 31 Amendment No. 31 -KSA Amendment No 31.pdf 6. 14-00834 Service agreement for meal delivery for the Elderly Nutrition Program (ENP) and Meals on Wheels Corpus Christi Page 3 Printed on 8/15/2014 City Council Meeting Agenda -Final August 19,2014 Motion approving a service agreement with R & R Delivery Service, Corpus Christi, Texas for meal delivery in accordance with Bid Invitation No. BI-0142-14, based on only bid for an estimated annual expenditure of$243,750.00, of which $40,625.00 is required for the remainder of FY 2013-2014. The term of the contract 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 Contractor and the City Manager or designee. Funds have been budgeted by the Senior Community Services Division of the Parks and Recreation Department in FY 2013-2014. Attachments: Agenda Memo-Meal Delivery Service Bid Tabulation-Meal Delivery Service Service Agreement-Meal Delivery Service 7. 14-00845 Authorizing submission of an application to Texas Parks and Wildlife Department (TPWD) for improvements at West Guth Park (Bond 2012) Resolution authorizing the City Manager or designee to submit a grant application in the amount of$500,000 to the Texas Parks and Wildlife Department for a Local Park Grant Program for the West Guth Park with a City cash match of$500,000 from the 2012 Bond Funds - Community Park Improvements; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda Memo-TPWD Grant for West Guth Park Resolution- Local Park Grant Program 2014-Parks Attach-LocalParksResolutionAuthorizingApplication Attach-LocalParksApplicantsCertification&ProgramAssurances 8. 14-00841 Second Reading Ordinance -Appropriating State grant for Automobile Burglary and Theft Protection (ABTPA) (1st Reading 8/12/14) Ordinance appropriating $392,474 from the Texas Automobile Burglary and Theft Prevention Authority (ABTPA) in the No. 1061 Police Grants, and appropriating $7,687 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. Attachments: Agenda memo ABTPA grant acceptance 08.12.2014 Ordinance-ABTPA Grant 2014-Police 2014 ABTPA award letter 9. 14-00873 Second Reading Ordinance -Appropriating funds for replacement and installation of new radio antennas (1st Reading 8/12/14) Corpus Christi Page 4 Printed on 8/15/2014 City Council Meeting Agenda -Final August 19,2014 Ordinance appropriating $22,565.42 from the Radio System Capital Replacement Reserve Fund, amending the FY 13-14 budget, adopted by Ordinance No. 029915 to increase appropriations by $22,565.42 in the No. 1020 General Fund Police Department budget to pay for replacement and installation of Omni Directional Antennas at the One Shoreline Plaza radio transmitter sites for the City, County, and RTA radio systems. Attachments: Agenda Memo-radio capital replacement funds 08.12.2014 Ordinance-Radio System 2014-Police Quote-H. M.T. -ONE SHORELINE BOGNER Quote-Dailey Wells 7-25-2014-019 Omni directional Antennas-Shoreline COF-Radio replacement fund 08.12.2014 10. 14-00882 Second Reading Ordinance -Appropriating funds from the sale of scrap metal copper wire (1st Reading 8/12/14) Ordinance appropriating $9,552.40 in General Fund No. 1020 from the sale of copper wire for the purchase of Police equipment; and changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenue and expenditures in the General Fund No. 1020 by $9,552.40 each. Attachments: Agenda Memo-Appropriating Funds from Copper Sale Ordinance-Appropriating Funds from Copper Sale Documentation of Copper Sale and Deposit Funds M. PUBLIC HEARINGS: (ITEMS 11 - 15) 11. 14-00874 Public Hearing and First Reading Ordinance - Rezoning from the "CR-2/IO" Resort Commercial District (Barrier Island Business) with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay, on property located at 14702, 14714, 14726, 14734 Compass Street. Case No. 0714-02 Compass Revenge, Inc.: A change of zoning from the "CR-2/IO" Resort Commercial District (Barrier Island Business) with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan. The property is described as Lots 23, 24, 25 and 26, Block 42, Padre Island - Corpus Christi Island Fairway Estates, located along the east side of Compass Street, approximately 520 feet south of Commodores Drive. Planning Commission and Staff Recommendation (July 16, 2014): Approval of the change of zoning from "CR-2/IO" Resort Commercial District (Barrier Island Business) with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and Corpus Christi Page 5 Printed on 8/15/2014 City Council Meeting Agenda-Final August 19, 2014 Planned Unit Development Overlay, subject to 10 conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC") upon application by Compass Revenge, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lots 23, 24, 25, and 26, Block 42, Padre Island - Corpus Christi, Island Fairway Estates from the "CR-2/10" Resort Commercial District (Barrier Island Business) with an Island Overlay to the "RS-TH/IO/PUD" Townhouse District with an Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Attachments: Agenda Memo-Compass Revenge, Inc Ordinance-Compass Revenge PUD Location Map-Compass Revenge. Inc. Zoning Report-Compass Revenge Inc 0714-02 12. 14-00875 Public Hearing and First Reading Ordinance - Rezoning from the "RM-3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay, on property located at 14106 and 14118 Ambrosia Street. Case No. 0714-03 Brite Star Remodeling, LLC: A change of zoning from the "RM-3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan. The property is described as Lots 2B, 3B, 4B and 5B, Block 1, Padre Island-Corpus Christi No. 1, located along the west side of Ambrosia Street, southwest of South Padre Island Drive (PR 22) and north of Marina Drive. Planning Commission and Staff Recommendation (July 16, 2014): Approval of the change of zoning from the "RM-3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay, subject to nine development conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC") upon application by Brite Star Remodeling, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lots 2B, 3B, 4B and 5B, Block 1, Padre Island-Corpus Christi, No. 1, from the "RM-3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties. and publication. Corpus Christi Page 6 Printed on 8/15/2014 City Council Meeting Agenda -Final August 19,2014 Attachments: Agenda Memo-Brite Star Remodeling Ordinance- Brite Star Remodeling Location Map-Brite Star Remodeling Zoning Report-Brite Star Remodeling 13. 14-00876 Public Hearing and First Reading Ordinance - Rezoning from the "RM-AT" Multifamily AT District to the "CR-2/10" Resort Commercial District with Island Overlay, on property located at 14845 South Padre Island Drive Case No. 0714-05 Gabriele Stauder-Hilpold: A change of zoning from the "RM-AT" Multifamily AT District to the "CR-2/IO" Resort Commercial District with Island Overlay. The property to be rezoned is described as a 6.28 acre tract of land out of a portion of Lot 1, Block 27B and all of Lots 3, 4 and 5, Block 41, Padre Island - Corpus Christi Island Fairway Estates, located at the southwest corner of South Padre Island Drive (PR 22) and Compass Street. Planning Commission and Staff Recommendation (July 16, 2014): Approval of the change of zoning from the "RM-AT" Multifamily AT District to the "CR-2/IO" Resort Commercial District with Island Overlay. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Gabriele Stauder-Hilpold, Trustee ("Owner"), by changing the UDC Zoning Map in reference to a 6.28 acre tract of land out of a portion of Lot 1, Block 27B and all of Lots 3, 4 and 5, Block 41, Padre Island - Corpus Christi Island Fairway Estates, from the "RM-AT" Multifamily AT District to the "CR-2/IO" Resort Commercial District with Island Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Gabriele Stauder-Hilpold Ordinance-Gabriele Stauder-Hilpold Location Map-Gabriele Stauder-Hilpold Zoning Report-Gabriele Stauder-Hilpold 14. 14-00865 Public Hearing and First Reading Ordinance -Authorizing City to participate in the Texas Enterprise Zone Program Ordinance authorizing the City Of Corpus Christi to participate in the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (The "Act"), providing tax incentives; Designating a liaison for overseeing Enterprise Projects and communicating with interested Parties Corpus Christi Page 7 Printed on 8/15/2014 City Council Meeting Agenda-Final August 19,2014 Attachments: Agenda Memo-TEZ Ordinance-TEZ COF-TEZ 15. 14-00883 First Public Hearing- Southside FM 2444 Annexation Local Government Code, Chapter 43.063(a) requires the City to conduct two public hearings prior to First Reading of an Annexation Ordinance for the proposed Southside FM 2444 Annexation area commonly referred to as a portion of the Chapman Ranch / proposed APEX Wind Farm generally located along and on both sides of FM 2444, areas South of FM 2444 and west of County Road 41. Attachments: Agenda Memo-Southside FM2444 Annexation Exhibits A-C-Southside FM2444 Annexation Presentation -Southside FM2444 Annexation O. REGULAR AGENDA: (ITEM 16) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 16. 14-00870 Agreement for relocation of transmission line Motion authorizing the City Manager or designee to execute the Relocation Agreement with American Electric Power Texas Central Company (AEPTCC) in the amount of$3,042,500, for the O.N. Stevens Water Treatment Plant Transmission Line Relocation. Attachments: Agenda Memo-ONSWTP Line Relocation Project Budget-ONSWTP Line Relocation Revised Location Maps-ONSWTP Line Relocation Location Map-ONSWTP Line Relocation Contract-ONSWTP Line Relocation Presentation-ONSWTP Line Relocation P. FIRST READING ORDINANCES: (ITEMS 17 - 21) 17. 14-00895 First Reading Ordinance-Approving a waterline reimbursement agreement and appropriating funds for property located at the southeast corner of Yorktown Boulevard and Boston Drive Ordinance authorizing execution of a distribution main extension construction and reimbursement Agreement ("Agreement") with The John G. and Marie Stella Kenedy Memorial Foundation ("Developer"), for the construction of a distribution waterline and appropriating $21,331.74 from the NO. 4030 Water Distribution Main Trust Fund to reimburse the developer in accordance with the agreement. Corpus Christi Page 8 Printed on 8/15/2014 City Council Meeting Agenda-Final August 19,2014 Attachments: Agenda Memo-Water Reimb. Lot 1, Block 1, Kennedy Subdivsion Ordinance-Water Reimb, Lot 1, Block 1, Kennedy Subdivsion Agreement-John G. and Marie Stella Kenedy Foundation Kenedy Sub Blk 1, Li Location Map-John G. and Marie Stella Kenedy Foundation Kenedy Sub Blk 1. 18. 14-00896 First Reading Ordinance-Approving a wastewater reimbursement agreement and appropriating funds for property located at the southeast corner of Yorktown Boulevard and Boston Drive Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with The John G. and Marie Stella Kenedy Foundation ("Developer"), for the construction of a wastewater collection line and appropriating $12,819.36 from the NO. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo-WW Reimb,Lot 1, Block 1. Kenedy Subdivision Ordinance-WW Reimb.Lot 1, Block 1, Kenedy Subdivision Location Map-WW Reimb,Lot 1, Block 1. Kenedy Subdivision Agreement-WW Reimb,Lot 1. Block 1. Kenedy Subdivision 19. 14-00897 First Reading Ordinance-Approving a waterline reimbursement agreement and appropriating funds for property located at the southside of Safety Steel Drive, west of Rodd Field Road and south of Yorktown Boulevard Ordinance authorizing execution of a distribution main extension construction and reimbursement Agreement ("Agreement") with MPM Development, L.P., ("Developer"), for the construction of a distribution waterline and appropriating $22,691.12 from the No. 4030 Water Distribution Main Trust Fund to reimburse the developer in accordance with the agreement. Attachments: Agenda Memo-Water Reimb, Royal Creek Estates Unit 6 Ordinance-Water Reimb, Royal Creek Estates Unit 6 Location Map-Water Reimb, Royal Creek Estates Unit 6 Agreement-Water Reimb, Royal Creek Estates Unit 6 20. 14-00869 First Reading Ordinance -Approving an engineering construction contract and amendment no. 2 of a professional services contract for construction inspection services for Horne Road from Ayers Street to Port Avenue (Bond 2012) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by adding $25,000 in Gas Capital Improvement Program Reserves from Fund 4551 Gas 2009 CIP Fund; transferring $650,000 from Bond 2012 Project#E12103 Leopard Street from Crosstown to Palm from FY 2015 to Bond 2012 Project E12100 Corpus Christi Page 9 Printed on 8/15/2014 City Council Meeting Agenda-Final August 19,2014 Horne Road from Ayers Street to Port Avenue; increasing expenditures in the amount of$25,000; and authorizing the City Manager or designee to execute a construction contract with Salinas Construction Technologies, Ltd. from Pleasanton, Texas in the amount of $1,884,600.57, for the Bond 2012 Project Horne Road from Ayers Street to Port Avenue for the total base bid and executing Amendment No. 2 to a Professional Services Contract with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of$104,000 for restated total price of$365,362.50 for the Bond 2012 Project Horne Road from Ayers Street to Port Avenue for Construction Inspection Services. Attachments: Agenda Memo- Home Road Ordinance- Horne Road Proiect Budget-Horne Road Location Map-Home Road Presentation-Horne Road Contract-Horne Road 21. 14-00871 First Reading Ordinance -Approving a construction contract for the Hike and Bike Trail Development - Bear Creek Trail project (Bond 2012) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by adding $74,969.52 from Fund 4526 Storm Water 2009 Revenue Bond Project Reserves to the Hike and Bike Trail Development Project (Bond 2012); increasing expenditures in the amount of$74,969.52; and authorizing the City Manager, or designee, to execute a construction contract with Gourley Contracting, LLC. of Corpus Christi, Texas in the amount of $1,047,070.40 for the Hike and Bike Trail Development - Bear Creek project for the base bid only (Bond 2012). Attachments: Agenda Memo- Hike and Bike Trail Development Bear Creek.pdf Ordinance-Hike and Bike Trail Development Bear Creek.pdf Proiect Budget-Hike and Bike Trail Development Bear Creek.pdf Location Map-Hike and Bike Trail-Bear Creek Trail.pdf Presentation-Hike and Bike Trail Development Bear Creek.pdf Q. FUTURE AGENDA ITEMS: (ITEMS 22 - 26) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 22. 14-00941 Nominating Valero Refining -Texas, L.P. as a Triple Jumbo Texas Enterprise Project Resolution nominating Valero Refining -Texas, L.P. ("Valero") to the Office of the Governor Economic Development & Tourism ("EDT") Corpus Christi Page 10 Printed on 8/15/2014 City Council Meeting Agenda-Final August 19,2014 through the Economic Development Bank ("Bank") as a triple jumbo enterprise project pursuant to the Texas Enterprise Zone Act ("Act) Attachments: Agenda Memo-Valero TEZ Resolution-Valero TEZ(2) COF-Valero TEZ 23. 14-00849 Nominating M & G Resins USA, LLC as a Double Jumbo Texas Enterprise Zone Project Resolution nominating M & G Resins USA, LLC ("M & G") to the Office of the Governor Economic Development & Tourism ("EDT') through the Economic Development Bank ("Bank") as a double jumbo enterprise project pursuant to the Texas Enterprise Zone Act ("Act) Attachments: Agenda Memo-M&G TEZ Resolution-M&G TEZ 24. 14-00850 Nominating Equistar as a Double Jumbo Texas Enterprise Zone Project Resolution nominating Equistar Chemicals, LP ("Equistar") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a double jumbo enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). Attachments: Agenda Memo-Equistar TEZ Resolution-Equistar TEZ 25. 14-00857 Approving the extension and modified terms of the management agreement for the Corpus Christi Museum of Science and History Motion authorizing the City Manager or his designee to extend and modify terms of Professional Services Management Agreement with CCMJV for the operation of the Corpus Christi Museum of Science and History. Attachments: Agenda Memo-Museum Management Agreement Amendments-Museum Management Agreement Original 2012 Management Agreement 26. 14-00944 Amending the Financial Budgetary Policies Resolution amending Financial Budgetary Policies adopted by Resolution 029848 and providing financial policy direction on preparation of the annual budgets. Corpus Christi Page 11 Printed on 8/15/2014 City Council Meeting Agenda -Final August 19, 2014 Attachments: Agenda Memo-Financial Policies Resolution-Financial Policies for FY 2014-2015 CLEAN COPY Resolution(Redline)-Financial Policies for FY 2014-2015 legislative format R. BRIEFINGS TO CITY COUNCIL: (ITEMS 27 -28) The following items are for Council's informational purposes only. Council may give direction to the City Manager but no other action will be taken and no public comment will be solicited. 27. 14-00932 Proposed FY2015 General Fund Budget Attachments: Agenda Memo-Gen. Fund and Internal Service Funds Presentation -General Fund Summary FINAL 28. 14-00933 Proposed FY2015 Internal Service Funds Budget Attachments: Agenda Memo-Gen. Fund Internal Service Presentation Presentation-Internal Service Funds 8 6 14 S. ADJOURNMENT Corpus Christi Page 12 Printed on 8/15/2014 Corpus Christi 1201 Leopard Street t t M Corpus Christi,TX 78401 cctexas.com �I Meeting Minutes City Council Tuesday,August 12,2014 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 Father Peter Martinez, St. Paul the Apostle Church. Father Peter Martinez gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Senior Officer Denise Pace - City Liaison Officer, Corpus Christi Police Department . Senior Officer Denise Pace led 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 the required Charter Officers were present to conduct the meeting. City Secretary Huerta announced that Council Member Leal has been granted a leave of absence. Charter Officers: Deputy City Manager Margie Rose,Assistant City Attorney Lisa Aguilar and City Secretary Rebecca Huerta. Present: 8- Mayor Nelda Martinez,Council Member Kelley AIIen,Council Member Rudy Garza.Council Member David Loeb,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas. and Council Member Mark Scott Absent: 1 - Council Member Priscilla Leal E. Proclamations/Commendations 1. Proclamation declaring August 12-17, 2014 as, " Nautilus Live Watch Days" Certification of Commendation to Dr. Nancy Vera, LULAC's 2014 National Woman of the Year & Induction into LULAC's National Women's Hall of Fame Corpus Christi Page 1 Printed on 8/14/2014 City Council Meeting Minutes August 12, 2014 Mayor Martinez presented the proclamation and a Certificate of Commendation to Dr.Nancy Vera. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. Deputy City Manager Margie Rose reported on the following issues: a. Other 1)The City was notified that a new study reveals that Corpus Christi is listed 6th as"City with the Best Post-Recession Recovery". 2)The City is requesting public input to help redesign the website through a survey.The information from the survey will be used to assist and serve the public's needs.The survey is available at www.cctexas.com. MINUTES: 4. Regular Meeting of July 29, 2014. Mayor Martinez deviated from the agenda and referred to approval of the minutes.Council Member McIntyre made a motion to approve the minutes, seconded by Council Member Loeb and passed unanimously. J. BOARDS & COMMITTEE APPOINTMENTS: 5. Advisory Committee on Community Pride Clean City Advisory Committee Corpus Christi Downtown Management District Mayor's Fitness Council Park and Recreaction Advisory Committee Mayor Martinez referred to board and committee appointments.The following appointments were made: Advisory Committee on Community Pride Mayor Martinez made a motion for the reappointment of Paul Gottemoller and Belinda Rocha and the new appointments of Criselda Lujan Carrasco and Mike Munoz,seconded by Council Member Loeb and passed unanimously. Mayor's Fitness Council Mayor Martinez made a motion for the reappointment of Rick Hayley, Raquel Richardson,and Dr.Roland Hernandez and the new appointment of Ana Maria Paez,seconded by Council Member Scott and passed unanimously. Clean City Advisory Committee Council Member Magill made a motion to reappoint Scot Baker and Beth Becerra,seconded by Council Member McIntyre and passed unanimously. Council Member McIntyre made a motion to appoint Shannon Gabriel, seconded by Council Member Magill and passed unanimously.Council Corpus Christi Page 2 Printed on 8/14/2014 City Council Meeting Minutes August 12,2014 Member McIntyre made a motion to appoint Marie Elisa Kimbrough,seconded by Council Member Loeb and passed unanimously.Council Member McIntyre made a motion to appoint Vic Medina,seconded by Council Member Loeb and passed unanimously. Corpus Christi Downtown Management District Council Member Magill made a motion to reappoint Con Browne,Tracy E. Bates,Glenn R. Peterson,Casey Lain, Raju Bhagat,Dee Dee Perez, Harold Shockley Jr.,and Michael Richline,seconded by Council Member McIntyre and passed unanimously. Council Member Loeb made a motion to appoint Brad Lomax,seconded by Council Member McIntyre and passed unanimously. Park and Recreation Advisory Committee Council Member McIntyre made a motion to reappoint Huxley Smith and Carlos H.Valdez,Sr,seconded by Council Member Magill and passed unanimously. Council Member Scott nominated Christopher Anderson.Council Member Magill nominated Dotson G. Lewis,Jr.Mayor Martinez nominated Jerry Plemons.Council Member McIntyre made a motion to appoint Christopher Anderson, Dotson G.Lewis,Jr.,and Jerry Plemons,seconded by Council Member Magill and passed unanimously. K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 6 - 12) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda.City Secretary Huerta announced that Council Members Magill and Scott were abstaining on the vote on Item 10.There were no comments from the Council or the public.The consent agenda items were approved by one vote as follows: Aye: 8- Mayor Martinez. Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre. Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 6. Authorizing submission of a grant application for Hazardous Materials Emergency Preparedness (HMEP) planning Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of$34,593.22 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2015 Hazardous Materials Emergency Preparedness (HMEP) grant program, phase II & Ill, to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safety and efficiently handling hazardous materials Corpus Christi Page 3 Printed on 8/14/2014 City Council Meeting Minutes August 12,2014 accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right-to Know Act of 1986, with a hard match of$6,918.64; 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 030246 7. Service agreement for upgrade to Fleet Management Information System (FMIS) Motion approving a professional service agreement with Mercury Associates, Inc., Gaithersburg, Maryland to upgrade the Fleet Management Information System (FMIS) in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $298,600.76. Funds have been budgeted by the Fleet Maintenance Services in FY 2013- 2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-106 8. Approving the FY 2014-2015 budget for the Corpus Christi Crime Control and Prevention District Resolution approving the FY 2014-2015 budget for the Corpus Christi Crime Control and Prevention District. This Resolution was passed on the Consent Agenda. Enactment No 030247 9. Second Reading Ordinance - Rezoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, on property located at 8233 Leopard Street (1st Reading 7/29/14) Case No. 0714-01 Leopard Business Park, LLC: A change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, not resulting in a change to the Future Land Use Plan. The property is described as Lot 1, Block B, Stillwell Addition, located along the west side of Tuloso Road between Leopard Street and Stillwell Lane. Planning Commission and Staff Recommendation (July 2, 2014): Approval of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Leopard Business Park, LLC ("Owner"), by changing Corpus Christi Page 4 Printed on 8/14/2014 City Council Meeting Minutes August 12,2014 the UDC Zoning Map in reference to Lot 1, Block B, Stillwell Addition, from the "CG-2" General Commercial District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No 030248 10. Second Reading Ordinance - Rezoning for Barisi Village to add a Planned Unit Development Overlay to the subject property's existing zoning districts of"RS-6" Single-Family 6 District and "RS-10" Single-Family 10 District, on property located at 7111 Pharaoh Drive (1st Reading 7/29/14) Case No. 0614-04 Blackard Global: A change of zoning to add a Planned Unit Development Overlay to the subject property's existing zoning districts of"RS-6" Single-Family 6 District and "RS-10" Single-Family 10 District. The property to be rezoned is described as being 57.75 acres comprised of a portion of Tract 1, The Pharaohs Country Club and all of Block 3, Pharaoh Valley Northeast, located on Ennis Joslin Road (Spur 3), Pharaoh Drive, and McArdle Road. Planning Commission and Staff Recommendation (July 2, 2014): Approval of the rezoning to add the Planned Unit Development Overlay to the subject property's existing zoning districts of"RS-6" Single-Family 6 District and "RS-10" Single-Family 10 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Blackard Global on behalf of Apex Golf Properties Corporation ("Owner"), by changing the UDC Zoning Map in reference to 57.75 acres comprised of a portion of Tract 1, The Pharaohs Country Club and all of Block 3, Pharaoh Valley Northeast (the "Property"), by adding a Planned Unit Development Overlay to the Property's existing zoning of"RS-6" Single-Family 6 District and "RS-10" Single-Family 10 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Council Members Magill and Scott abstained from the vote on Item 10.This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030249 11. Second Reading Ordinance - Appropriating Federal funds for equipment purchases through the U.S. Immigration and Customs Enforcement (ICE) FY 2014 Joint Operations Program Funding (1st Reading 7/29/14) Corpus Christi Page 5 Printed on 8/14/2014 City Council Meeting Minutes August 12,2014 Ordinance appropriating $12,000.00 in General Fund No. 1020 from the U.S. Immigration and Customs Enforcement FY2014 Joint Operations Program Funding program for the purchase of Police equipment; and changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenue and expenditures in the General Fund No. 1020 by $12,000.00 each. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030250 12. Second Reading Ordinance - Ordering a General Election to be held on November 4, 2014 (1st Reading 7/29/14) Ordinance ordering a general election to be held on November 4, 2014, in the City of Corpus Christi for the election of mayor and eight council members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary; and enacting provisions incident and relating to the subject and purpose of this ordinance. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030251 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 13 - 15) 13. Recommending the 84th Texas Legislature appropriate funding for the FY16-17 biennium to partner with local sponsors to implement one or more seawater desalination projects Resolution recommending the 84th Texas Legislature appropriate adequate funding for the Fiscal Years 2016-2017 biennium for the State of Texas to partner with local project sponsors to implement one or more seawater desalination projects to provide uninterruptible water supply and have corresponding positive impacts for water supplies in adjacent regions which will strengthen Texas' economy and sustain economic prosperity. Mayor Martinez referred to item 13. Director of Intergovernmental Relations Tom Tagliabue stated that based on the discussion on this item at the last council meeting,the resolution has been modified to reflect the changes regarding Region N;funding adjustments;and water supply.There were no comments from the Council or the public.This Resolution was passed and approved with the following vote: Corpus Christi Page 6 Printed on 8/14/2014 City Council Meeting Minutes August 12,2014 Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030252 14. Setting date for adoption of ad valorem tax rate Motion setting September 16, 2014 as the date of the adoption of the ad valorem tax rate of$0.585264 per $100 valuation. Mayor Martinez referred to Item 14. Director of Financial Services Constance Sanchez stated that Items 14 and 15 were related to action setting the City Council meeting date of September 16,2014 as the date of the adoption of the ad valorem tax rate and setting public hearings for August 26,2014 and September 9,2014.There were no comments from the Council or the public. This Motion was passed and approved with the following vote: Aye: 8- Mayor Martinez. Council Member Allen, Council Member Garza. Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2014-107 15. Setting public hearing dates for ad valorem tax rate Motion setting a public hearing on the ad valorem tax rate for August 26, 2014 and a second public hearing for September 9, 2014 during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. This item was discussed during Item 14.This Motion was passed and approved with the following vote: Aye: 8- Mayor Martinez. Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Enactment No M2014-108 Corpus Christi Page 7 Printed on 8/14/2014 City Council Meeting Minutes August 12, 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. Mayor Martinez called for comments from the public.Johnny French spoke regarding issues affecting a business located in Cimarron Village from opening and questioned whether the City has a requirement to finish landscaping on a commercial development prior to opening the development to the public.Mary Lou Huffman spoke regarding the lack of funding for buildings and structures of historical nature.Cheryl Martinez spoke regarding an email responding to a memo presented to the media by Animal Control Services referring to People Assisting Animal Control(PAAC)and the Rachel Ray Challenge funds.Ms. Martinez spoke regarding PAAC's involvement at Animal Control and requested a review of viable options for Animal Control. Karen Levine submitted a petition to repair the road between Achusnet Drive and Walnut Hills Drive off of Aaron Drive and spoke regarding the road conditions. Ed Sample stated that he and other neighbors were present to inform the Council that they were interested in taking responsibility of park functions at Ridgewood Park'which is listed on Bond Proposition No.3.Susie Luna Saldana and Lucy Rubio spoke in support of including the extension of Junior Beck Drive in the Bond 2014 project list. Terry Sweeny thanked the Council for including the downtown area as a priority at the Council retreat and for its inclusion on Bond Proposition No.2.Susie Williams spoke regarding the "Keep the Spirit of'45 Alive!"celebration recognizing the 70th anniversary of the ending of World War II.Juan Ariaza spoke regarding the public participating in City government. REGULAR AGENDA: (ITEM 16) 16. Second Reading Ordinance - Ordering a Special Election to be held on November 4, 2014 (1st Reading 7/29/14) Ordinance ordering a Special Election to be held on November 4, 2014, in the City of Corpus Christi, on the questions of authorizing bond issuances of the City supported by ad valorem taxes and the sale of city park land; providing for the procedures for holding such an election; providing for notice of election and publication thereof; providing for the establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; enacting provisions incident and relating to the subject and purpose of this ordinance. Mayor Martinez referred to Item 16.City Secretary Rebecca Huerta stated that this item was presented at the July 29th Council meeting,at which time a series of motions were made to amend the ordinance,and an item,not in the form of a motionm that was also recommended. City Secretary Huerta stated that today's discussion will include an overview of each motion along with discussion regarding how the motions resulted in modifcation to the ordinance. Corpus Christi Page 8 Printed on 8/14/2014 City Council Meeting Minutes August 12,2014 City Secretary Huerta stated that the first motion was to discuss the change in the wording to the ordinance's caption and the ordinance has been amended to move the sale of city park land before authorizing the bond issuances.City Secretary Huerta stated that the second motion regarding Proposition No.3 was to remove First Colony Park from the parks decommissioning list and the ordinance has been amended to reflect this change. Director of Parks and Recreation Michael Morris responded to questions that arose at the last meeting related to Caribbean Park and whether it was able to be built on; Ridgewood Park;and public notification prior to the sale of park land.Mr. Morris stated that Caribbean Park is in a designated"clear zone"by the Navy and cannot be built on; Ridgewood Park was discussed during today's meeting and there are neighbors interested in receiving information to adopt that park; and staff will be presenting a resolution to address the public notification before the sale of park land and acquiring parks.Mr.Morris also stated that since the last meeting, residents have submitted paperwork to adopt Cenizo Park and Country Estates Park and staff is recommending the removal of those parks. Council Member McIntyre made a motion to remove Cenizo Park and Country Estates Park from the decommissioning list,seconded by Council Member Loeb and passed unanimously.Council Member McIntyre made a motion to remove Caribbean Park and keep it as a dedicated park.A brief discussion ensued regarding alternative uses for the park.Council Member McIntyre withdrew her motion. City Secretary Huerta stated that the third motion regarding Proposition No.2 was to move$1 million from Traffic Signalization to the TXDOT Participation line item. Interim Executive Director of Public Works Valerie Gray stated that the ordinance has been revised to reflect this change.City Secretary Huerta stated that the fourth motion regarding Proposition No.2 was to add specific references to Beach Access Roads 3A and 2 in Item 26. Interim Executive Director of Public Works Valerie Gray stated that the ordinance was amended to add 3A and 2 to the Beach Access Road title. In response to a council member,Ms.Gray stated that the change was not made to the project description. Council Member McIntyre made a motion to change the project description to 3A and 2,seconded by Council Member Scott and passed unanimously. City Secretary Huerta stated that the fifth motion regarding Proposition No.2 was to change the wording of Item 27 to read"North Padre Island Parks Beach Maintenance Facility".Interim Executive Director of Public Works Valerie Gray stated that bond counsel recommended changing the wording to read "North Padre Island Beach Facility".Clay Binford, Fulbright&Jaworski, LLC,provided an explanation regarding the reason for recommending the removal of the word"maintenance"for the overall description of the project. Council Member Magill made a motion to remove the word"maintenance"; seconded by Council Member McIntyre and passed unanimously. City Secretary Huerta referred to the seventh item,that was not in the form of a motion,and was suggested by Council Member McIntyre regarding Proposition 2 that being a recommendation to set out specific projects,such Corpus Christi Page 9 Printed on 8/14/2014 City Council Meeting Minutes August 12,2014 as ADA street improvements and residential traffic management,etc.,that will be addressed instead of leaving how excess funds may be utilized to the Council's discretion.Ms.Huerta stated that the addition of ADA street improvements, residential traffic management,etc.was added at the end of the Proposition No.2 language on page 4 of the ordinance.Clay Binford, Fulbright and Jaworski, LLC, recommended keeping the core proposition language and identifying second-priority projects that may be funded with excess proceeds. Council Member McIntyre made a motion to amend Proposition No.2, page 4, to read"...the City Council may, in its discretion, use any excess funds for constructing, reconstructing,restructuring,and extending other streets and thoroughfares and related land and right-of-way sidewalks,streetscapes, collectors,drainage, landscape,signage,equipment storage facilities, acquiring lands and rights-of-way necessary thereto or incidental therewith, including(and with priority given to)ADA street improvements,residential traffic management program improvements,and street curb and gutter improvements..."; seconded by Council Member Scott and passed unanimously. City Secretary Huerta referred to the sixth motion to further exam the costs of the Stonewall Road improvements to consider adding the project to Proposition 2.Interim Executive Director Valerie Gray stated that a memo was sent to the City Council explaining Stonewall Road and the impending plat. Ms. Gray added that staff was also requested to provide information on the extension of Stonewall,which is now referred to as Creek View Drive,for approximately 350 linear feet to connect to McKenzie Road for possible inclusion into Proposition No.2.Ms.Gray stated that the cost estimate for the Creek View Drive Extension is approximately$615,000,of which the street costs plus the remaining land acquisition are$295,200 and the associated utility improvements are$319,800.In response to a council member, Ms.Gray stated the City is not required to put the utilities on Creek View Drive. Council Member Allen made a motion to amend the Special Election Ordinance prior to second reading by adding the following project under Proposition No. 2:"Creek View Drive Extension";and adding an amount of$295,200 to Proposition No.2 by revising the authorized amount of aggregated principal under Proposition No. 2 from$44,200,000 to$44,495,200; changing the Proposition No.2 list on page 3,the corresponding ballot language on page 6, and increasing the amount of the ad valorem tax rate on page 8,seconded by Council Member McIntyre and passed unanimously. Council members had a discussion on solutions to address the Junior Beck Drive Extension.Council Member Magill made a motion to direct staff to come back on October 14,2014 with recommendations and alternatives for the extension of Junior Beck Drive consistent with Council Policies,seconded by Council Member Allen and passed unanimously. This Ordinance was passed and approved as amended on second reading with the following vote: Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Corpus Christi Page 10 Printed on 8/14/2014 City Council Meeting Minutes August 12,2014 Abstained: 0 Enactment No: 030253 H. EXECUTIVE SESSION: (ITEMS 2 - 3) Mayor Martinez referred to the day's executive session.The Council went into executive session. 2. Executive Session pursuant to Section 551.071 of the Texas Government Code to consult with attorneys regarding Public Utility Commission of Texas Docket No. 42467, State Office of Administrative Hearings Docket No. 473-14-4431, Application of Electric Transmission Texas, LLC to Amend its Certificates of Convenience and Necessity for the Proposed Barney Davis to Navy Base 138-KV Single-Circuit Transmission Line in Nueces County, with possible discussion and action in open session. Mayor Martinez referred to Item 2 and stated that the following motion was discussed in executive session for Council consideration: WHEREAS,the application for a Certificate of Convenience and Necessity (CCN) by Electric Transmission Texas, LLC,for a 138 kV transmission line from the Barney Davis Substation to the Naval Base Substation,the City Council on February 25,2014,adopted seven principals and recommendations to be communicated with both ETT and the PUC,as follows: • Avoid incompatibilities with Navy flight training missions at Naval Air Station Corpus Christi,Truax Field and Waldron Field; • Strongly recommend underground placement of the transmission line in any Clear Zone or Accident Prevention Zone or other area of conflict. • Avoid routes that cross environmentally sensitive areas, such as wetlands, endangered species habitat,wildlife management areas or refuges, seagrass beds,nesting or spawning habitat. • Use existing arterial road right-of-way to the greatest extent possible while avoiding impacting homes or businesses. • Avoid placement of high-voltage power lines through a residential neighborhood that decreases the property value of homes and vacant land, and decreases vital tax revenues for local governments. • Prevent a route along high-growth and future-growth residential corridors, identified in comprehensive master plans,long-range infrastructure plans or development agreements which will drive future economic activity and sustainability. • Make the City of Corpus Christi whole if existing municipal infrastructure, including water lines,waste water lines,storm sewers,drainage areas, natural gas lines,fiber optic lines, park facilities,recreation centers,senior community centers,or other service-delivery location are impacted.Include appropriate clearances for future maintenance, repair, upgrade,replacement,or expansion of infrastructure and facilities. WHEREAS,Route 11 as described in the application of Electric Transmission Texas in PUC Docket No.42467, is the route that best meets the conditions established by the City Council in its resolution adopted on February 25, 2014. Corpus Christi Page 11 Printed on 8/14/2014 City Council Meeting Minutes August 12,2014 I hereby move that the City of Corpus Christi City Council support Route 11 as the Preferred Route for the ETT Transmission Line. Council Member McIntyre made a motion to approve the motion as presented, seconded by Council Member Riojas.This Motion was passed and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2014-105 3. Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. This E-Session Item was discussed in executive session. O. FIRST READING ORDINANCES: (ITEMS 17 - 19) 17. First Reading Ordinance -Appropriating State grant for Automobile Burglary and Theft Protection (ABTPA) Ordinance appropriating $392,474 from the Texas Automobile Burglary and Theft Prevention Authority (ABTPA) in the No. 1061 Police Grants, and appropriating $7,687 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. Mayor Martinez referred to Item 17. Police Chief Floyd Simpson stated that the purpose of this item is to appropriate$392,474 from the Texas Automobile Burglary and Theft Prevention Authority and$7,687 in program income match to continue the motor vehicle theft enforcement program.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez. Council Member Allen, Council Member Garza, Council Member Loeb. Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 18. First Reading Ordinance -Appropriating funds for replacement and installation of new radio antennas Corpus Christi Page 12 Printed on 8/14/2014 City Council Meeting Minutes August 12,2014 Ordinance appropriating $22,565.42 from the Radio System Capital Replacement Reserve Fund, amending the FY 13-14 budget, adopted by Ordinance No. 029915 to increase appropriations by $22,565.42 in the No. 1020 General Fund Police Department budget to pay for replacement and installation of Omni Directional Antennas at the One Shoreline Plaza radio transmitter sites for the City, County, and RTA radio systems. Mayor Martinez referred to Item 18. Police Chief Floyd Simpson stated that the purpose of this item is to appropriate$22,565.42 from the Radio System Capital Replacement Reserve Fund to allow for the replacement of three Omni Directional Antennas on One Shoreline Plaza.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 19. First Reading Ordinance -Appropriating funds from the sale of scrap metal copper wire Ordinance appropriating $9,552.40 in General Fund No. 1020 from the sale of copper wire for the purchase of Police equipment; and changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenue and expenditures in the General Fund No. 1020 by $9,552.40 each. Mayor Martinez referred to Item 19. Police Chief Floyd Simpson stated that the purpose of this item is to appropriate$9,552.40 from the sale of copper wire to purchase Police equipment.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 20 - 24) Mayor Martinez referred to Future Agenda Items. Deputy City Manager Margie Rose stated that staff did not have any planned presentations.A council member asked questions regarding Item 24. Aye: 8- Mayor Martinez. Council Member Allen, Council Member Garza. Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Corpus Christi Page 13 Printed on 8/14/2014 City Council Meeting Minutes August 12,2014 Absent: 1 - Council Member Leal Abstained: 0 20. Approving amendment no. 1 to engineering design contract for area improvements at North Beach (BOND 2012) (Prop. No. 8 Economic Development Projects) Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Engineering Design Contract with RVE, Inc. from Corpus Christi, Texas in the amount of$303,505, for a total restated fee of$352,465, for North Beach Area Road Improvements and Area Beautification and North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement for the design, bid, and construction phase services. BOND 2012 This Motion was recommended to consent agenda. 21. Approving amendment no. 31 to the Runway 13-31 Extension/Displacement and Connecting Taxiway project at the airport Motion authorizing the City Manager, or designee, to execute Amendment No. 31 with KSA Engineers, Inc. from Longview, Texas in the amount of$74,803.00 for a total restated fee of$6,739,912.71 for the Corpus Christi International Airport Runway 13-31 Extension/Displacement and Connecting Taxiway Project for additional design services. This Motion was recommended to consent agenda. 22. Agreement for relocation of transmission line Motion authorizing the City Manager or designee to execute the Relocation Agreement with American Electric Power Texas Central Company (AEPTCC) in the amount of$3,042,500, for the O.N. Stevens Water Treatment Plant Transmission Line Relocation. This Motion was recommended to consent agenda. 23. Service agreement for meal delivery for the Elderly Nutrition Program (ENP) and Meals on Wheels Motion approving a service agreement with R & R Delivery Service, Corpus Christi, Texas for meal delivery in accordance with Bid Invitation No. BI-0142-14, based on only bid for an estimated annual expenditure of$243,750.00, of which $40,625.00 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve (12) months with options to extend for up to two (2) additional Corpus Christi Page 14 Printed on 8/14/2014 City Council Meeting Minutes August 12, 2014 twelve-month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Senior Community Services Division of the Parks and Recreation Department in FY 2013-2014. This Motion was recommended to consent agenda. 24. Authorizing submission of an application to Texas Parks and Wildlife Department (TPWD) for improvements at West Guth Park (Bond 2012) Resolution authorizing the City Manager or designee to submit a grant application in the amount of$500,000 to the Texas Parks and Wildlife Department for a Local Park Grant Program for the West Guth Park with a City cash match of$500,000 from the 2012 Bond Funds - Community Park Improvements; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. This Resolution was recommended to consent agenda. Q. BRIEFINGS TO CITY COUNCIL: (NONE) R. LEGISLATIVE UPDATE: None. S. ADJOURNMENT The meeting was adjourned at 3:18 p.m. Corpus Christi Page 15 Printed on 8/14/2014 �vs c ©� A AGENDA MEMORANDUM P"ORPORP1,-0 Future Item for the City Council Meeting of August 12, 2014 1852 Action Item for the City Council Meeting of August 19, 2014 DATE: July 29, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo @cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works valerieg @cctexas.com (361) 826-3729 Natasha Fudge, P. E., Acting Director of Capital Programs natashaf @cctexas.com (361) 826-3504 Amendment No. 1 to Engineering Design Contract North Beach Area Road Improvements and Area Beautification North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement Bond 2012 (Prop. No. 8 Economic Development Projects) CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Engineering Design Contract with RVE, Inc. from Corpus Christi, Texas in the amount of $303,505, for a total restated fee of $352,465, for North Beach Area Road Improvements and Area Beautification and North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement for the design, bid, and construction phase services. BOND 2012 PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 to an Engineering Design Contract with RVE, Inc. for North Beach Area Road Improvements and Area Beautification and North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement so design work may continue. BACKGROUND AND FINDINGS: The scope of work for North Beach Area Road Improvements and Area Beautification, as included in Amendment No. 1, consists of landscaping enhancements as well as roadway surface and pedestrian improvements in the North Beach Area on the following roads: North Shoreline Boulevard from Pearl Avenue to Bridgeport Avenue including the intersection of North Shoreline Boulevard and Breakwater Avenue. Additionally, the project involves repair or replacement of water, wastewater, gas and electrical utilities and cleaning and/or repairing of the existing storm water lines within the right-of-way from Pearl Avenue to Coastal Avenue. The scope of work for North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement, also included in Amendment No. 1, consists of North Shoreline Boulevard on-street parking enhancements from Pearl Avenue to Bridgeport Avenue. Additionally, the project includes the repair, resurfacing, safety improvements and pedestrian amenities in the Breakwater Avenue right- of-way, east of North Shoreline Boulevard, now being used for public parking and is also known as Breakwater Plaza. The proposed Amendment No.1 allows RVE, Inc. to perform the remaining Professional Services for the above referenced project consisting of a Design Phase, Bid Phase, Construction Administration Phase and Additional Services. ALTERNATIVES: 1. Authorize execution of Amendment No. 1. (Recommended) 2. Do not authorize execution of Amendment No. 1. (Not recommended) OTHER CONSIDERATIONS: The original Small Agreement for Professional Services was executed on September 30, 2013 to provide Professional Services for the Preliminary Design for the North Beach Area Road Improvements and Area Beautification and North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement. CONFORMITY TO CITY POLICY: The Engineering Design Contract and selection process comply with the Professional Procurement Act and City Policy. The North Beach Area Road Improvements and Area Beautification and North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement Project is part of the Bond 2012, Proposition No. 8 Economic Development Projects. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year Expenditures Current Year Future TOTALS 2013-2014 (CIP only) Years Line Item Budget $0.00 $2,850,000.00 $0.00 $2,850,000.00 Encumbered / Expended $0.00 $0.00 $0.00 $0.00 Amount This item $0.00 $303,505.00 $0.00 $303,505.00 Amendment No. 1 Future Anticipated $0.00 $2,484,460.00 $0.00 $2,484,460.00 Expenditures BALANCE $0.00 $62,035.00 $0.0 $62,035.00 Fund(s): Bond 2012 Economic Development CIP Fund. COMMENTS: Not applicable. RECOMMENDATION: City Staff recommends the approval of Amendment No. 1 to the Engineering Design Contract with RVE, Inc. so design may be completed by the end of April 2015. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 1 Presentation PROJECT BUDGET North Beach Area Road Improvements and Area Beautification North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement Bond 2012 FUNDS AVAILABLE: North Beach Area Road Improvements and Area Beautification Streets......................................................................................................... $600,000.00 StormWater................................................................................................. 357,000.00 Wastewater................................................................................................... 65,000.00 Water.......................................................................................................... 78,000.00 Subtotal............................................................................................................................... $1,100,000.00 North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement Streets......................................................................................................... 1,000,000.00 StormWater................................................................................................. 510,000.00 Wastewater................................................................................................... 110,000.00 Water.......................................................................................................... 130,000.00 Subtotal............................................................................................................................... 1,750,000.00 TOTAL.................................................................................................................................... $2,850,000.00 FUNDS REQUIRED: Construction (preliminary estimate)................................................................................................ $2,100,000.00 Contingency(5%)....................................................................................................................... 105,000.00 Design & Inspection: Design Engineer(RVE, Inc.) (authorized services) ........................................................................... 352,465.00 Construction Materials Testing (estimate) ....................................................................................... 42,000.00 Construction Inspection Services (estimate) .................................................................................... 73,500.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)...................................................... 36,750.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services/Land Acq Svcs)................................ 68,250.00 Miscellaneous........................................................................................................................... 10,000.00 TOTAL.................................................................................................................................... $2,787,965.00 ESTIMATED PROJECT BUDGET BALANCE................................................................................. $62,035.00 I � ✓�� 1 l r � � � s r r ��/r l 7 //� t �e � �' ✓ � ✓�/ � ,�1,� ' r� Ir, r p " %✓�� it y ,�//i � � iii � i✓N�° G m. s t t f BREAKWATER PLAZA e ✓w r r f✓ /d�V� ��� I� i� ;� P � i � � fir,, r� ✓ �'�gNwrvb,i� I I���+ll�t�I >rr' � _;;� a / �i�V`a I' „/ j �� ��/ r. rr r , i u� LOCATION II Mull JINr, ` U r;. NORTH BEACH AREA ROAD IMPROVEMENTS AND AREA BEAUTIFICATION CITY COUNCIL EXHIBIT NORTH BEACH BREAKWATER, PLAZA, NORTH SHORELINE CITY OF CORPUS CHRISTI, TEXAS REPAIR AND ENHANCEMENT BOND 2012 DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277(City)acting through its duly authorized City Manager or Designee (Director of Engineering Services) and RVE, _Inc., a Texas corporation, 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer—AIE), hereby agree as follows: 1. SCOPE OF PROJECT North Beach Area Roadway, Pedestrian and Utility Improvements: Project No(s) E12127 and E12129 (2012 Bond Issue) The North Beach Area Roadway, Pedestrian, and Utility Improvements (Project) involves reconfiguring the existing North Shoreline Boulevard roadway, parking and sidewalk to provide for a new roadway, new parking, and enhanced pedestrian facilities with landscaping, lighting and accessible routes from Pearl Avenue to Bridgeport Avenue. Additionally, the project involves repair or replacement of water, wastewater, gas, and electrical utilities and cleaning and/or repair of the existing storm water lines within the right of way from Pearl Avenue to Coastal Avenue. The Project also includes the design of pedestrian improvements in the Breakwater Avenue right of way east of North Shoreline Blvd. now being used for public parking (also known as Breakpoint Plaza). The construction budget for the project is$1,200,000 (street and pedestrian) + $900,000 (utilities) = $2,100,000. 2. SCOPE OF SERVICES The A/E hereby agrees„ at its own expense, to perform design services necessary to review and prepare plans, specifications,, and bid and contract documents. In addition,A/E will provide monthly status updates (project progress or delays,gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit"A" and "A-1", to complete the Project. Exhibit"A-1" provides supplemental description of services to Exhibit "A" and is not intended to supersede services described in Exhibit"A". Work will not begin on Additional Services until requested by the A/E(provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"-(Basic Services for Construction Projects")which are shown and are in accordance with"Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. CONTRACT FOR ENGINEERING(A!E)SERVICES Pagel of 4 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit"A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. MANDATORY REQUIREMENTS A/E agrees to the mandatory contract and insurance requirements as set forth in Exhibit «B» 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized. Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75%of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) CONTRACT FOR ENGINEERING(AIE)SERVICES Page 2 of 4 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. INSURANCE, INDEMNIFICATION AND HOLD HARMLESS The Consultant will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit"B" by an insurance company acceptable to the City, The Consultant further 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". 11. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI RVE, Inc. Natasha Fudge, P.E. Date Patrick D. Veteto, P.E. Date Acting Director of Capital Programs 820 Buffalo Street Corpus Christi, TX 78401 (361) 887-8851 Office RECOMMENDED (361) 887-8855 Fax Daniel Biles, P.E. Date Executive Director of Public Works CONTRACT FOR ENGINEERING(AIE)SERVICES Page 3 of 4 Operating Department Date APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary .......................................-............ ............. -111-111111-1111111111111..... .... ...... .................................................................................................. North Beach Area Road Improvements and Area Beautification (Project No. E12127) BOND 2012 roposition No. 8 Economic Development Proiects) .......... ......................... ..................... ................................................................................................................................ ........................................................ ..............................................................I-".......... ........................................................ Fund No. Fund Name Amount ......................... ........................................................--I....-..............................I.I.I.I.I.I.I.I.I.I..--,-,.,,.,."",1--l'.....,.,.,.I................................. ......I..........-.1......-1............... Street 550950-3549-00000-El 2127 Street 2013 GO CIP (Bond 2012 $84,162.50 ............-.1-1-1.................. ................................'... Wastewater....................5 5 ...........0-6-0 0' 'E"......1-2,...........1 2 7-............. ......................W-as t e w-a-i-e""i.....2..........012A CIP (Bond 201..?1............... _.$7,826.70 ....................................................................................-........... ..................................................... ............................1 .�.....................................................- astewater 550950-4253.-00000-E12127 Wastewater 20 1 3 CIP (Bond 2 .� .... ....... 01._I................. $14,703.30 1................. ..................-.— 'r' --55"..........0 9 5.....0.....................J-4.......9'6..............0 0-00 0 1..........2-1.............2............7........................ Storm-W"-,"--a, ie'-"'r"'-'-2""012A C I—P (Bond'-" -2-0,1 0.00 —.......................................-1.4 t................§� ?I- � — -"Wiiir....................................5-5 0 9 5-0 4 0-9--2--b-000-0 E,-1,-2, 1-2-7-. ... ........................Water.. , - 2 0--1-2A'..........C I P............(13' ond 2012) $9922.21 ...........---1 1-1-1.........I---"I',,',,................ -.1.1.......... ................ ..........I..................................................... ..................— Water 550950-4094-00000-El 2127 Water 2013 CIP (Bond 2012 $12 607 79 ...................... .................�L'11111111-11............................. .........u........b.......t.....o......t......a........l .................................. .............................. ..................... .................................................-.$...1 .. .......... ... .........5.1,7..5.2...... 50 ............................................................... .............................................. ................................ ...... North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement (Project No. E12129) BOND 2012 roposition No. 8 Economic Development Pr ................... .. .... .... .... ..550950„-3549„-00000-E12,12,9................................................. Street 2013 GO CIP (Bond 2012) $84,162.50 ................................................................ .. . . ........ ,Street............................................................................. ......................................................... Wastewater 550950-4251-00000-E12129 Wastewater 2012A CIP (Bond 201 $6,877.97 ........................ .............................................. .................. .Wastewater....................................................—`....... .........................................— Wasteastewater 550950-4253-00000-E12129 Wastewater 22.1 (go- $15,652.03 water.......... ................. .............-.- .................................................................................................................................................................................. ....I.,.,.,.,..... ..... Storm Water 550950-3496-00000-E12129 Storm Water 2012A CIP (Bond 201.?l $22,530.00 .................I...............'1.�.I.”............ .................................-1..................- ---..............................................................-- r 550950-4092-00000-E12129 Water 2012A CIP (Bond 2012) ................. $7t95 ..-85 ................................ Water.. ..........................................-—55-095-0 4-0",-94 0 0 0-0-0 E-l""2”, .......................................................... Water 2013 C-1 P-(Bond 2012) $14,571.15 ................................................................................ Subtotal $151 752.50 Total a...............................................-'-........................................................................... ........... ..................................................................................... ........................................................................................... ........ ...........�30 �505.00 ——-- -- ----------------------------------------------------- Encumbrance No. CONTRACT FOR ENGINEERING(AIE)SERVICES Page 4 of 4 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS North Beach Area Roadway, Pedestrian and Utility Improvements Project No(s): E12127 & E12129 (2012 Bond Issue) h SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. (COMPLETED UNDER PREVIOUS CONTRACT) The AFGhitee YEngineer_AI9 (a! e_refeFFed_te as G..nsultant) will• a) PrepaFe Dewe-.rdnlRt presentation in Gibe ferrrtet fGF/city newRe.il Meeting- b) meetings to attendees within We WGF1.i. - I , 'the FReetiAg. d) Request and FeView available t e r eele east estimate With rewemmenrled pavement sestlens us.Rg FedeFal Highwa a vernepAs sewed. that Fnay have existing fasilities and must r-eleeated te aseemmedate the pFepesed +nffevemerfts. t t r t and geeteshnisal issues; ManageF, r r t afteted r f t i analyses, t rehehle e. ..st alien w t e•t sts and de meat the ueerli with tev r tables, + EXHIBIT"A" Page 1 of 11 Revised November 26,2013 Engineering 1_etteF_Ream to iRA"WA- r +designs, estieRS gRd aarame+ern tWbiah will er Fnay impast-the design iRe1W WdiRg engineeFing design t + basis, pFelimiRaFy t alignment Gress sestien geeteghRlgal_testing waaart Fight of 1 plans, AdditieRal sewises identifisatien of needed- ppr-FRU and enYirenFAeRta identiftatiein ef quality and quantity of matedals Of' 1 utilities, 7 Ina',Wde sal mmanr output tables frem Hydraulie and Hydralegia analyses 3 _IngLrde_existing_site R - 1 1 1 t meet as Gity agent a With Gity RaftiaiaatieR and aeerdinate with agennies suss as RTX, t GDBG, 1 f 1 r is. .:Preide an analysis on nreiest itrtnaats tewards Nre engiReeriing"and gffRate v r 8 P►e\aide a nW Ww.ra anal table 4. regal Tired ROW name's __(if AUTHORIZED as aR t and one (1) papeF Gepy ef the file, S) Gendust PFejeGt Feview Fneeting with Gity staff te Feview aFid FeseiYe Gity GeWiffieAts provide a (1) set of the Final Ew neeFiwg LOW Report (116R) (eleatrenia_and haFd sepies using Gity Standards e-s- appliGable) suitable fGF FePFOduetieR. U) Assist Gity in nrecenting_sr_rrnrrwy e.f CI R findings to the Qisysle and PerdestriaVw l� Per til f ,SWM.a tt the Rertatien Adviser-y GeFRFRO tee (TAG\ Prepare (MOVED TO ADDITIONAL SERVICES) City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings and record information in electronic format as available from City Engineering files. C) The preliminary budget, specifying the funds available for construction. d) A copy of existing studies and plans. (as available from City Engineering files). e) Field location of existing city utilities. (AIE to coordinate with City Operating Departments.) f) Applicable Master Plans and GIS mapping are available on the City's website. g) City Control survey Bench marks and coordinates. h) Preliminary Traffic Impact Assessment. EXHIBIT"A" Page 2 of 11 Revised November 26,2013 The FeeeFds provided for AjWs use undeF this eentract are r eapyr4ghted, and al"GiFized for- use only by r and gw& for the intended puppese of this prejee6 unautheriag-d gl1gr ddistn'bution of the records provided undeF this eentraet as shietly prohibited. Any information marked proprietary,or copyrighted,provided by the City is authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of information marked proprietary,or copyrighted,provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. The City will provide a list of utility franchises within the Project area. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". i) Preparation of specific traffic control plans is not included in the scope of this contract The Contractor shall be responsible for preparation and approval of specific Traffic Control plans appropriate to the Contractor's means and methods. ii) drawings Prepare Stormwater Best Management Practices construction drawings. Contractor is responsible for preparing and maintaining a Stormwater Pollution Prevention Plan (SWPPP) for himself and for the City. The SWPPP shall include the construction drawings prepared by the AIE. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. i) Required with the interim plans is a "Plan Executive Summa!Y , project checklist& drawing checklist, which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. ii) Attend 60%submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) PFOVide one (1) set of the pFe final plaRs and bid deauments 0 suwRittal EXHIBIT"A" Page 3 of 11 Revised November 26,2013 h) Hold PFOjerat 0 FReetings te attendees within five W9FkiRg days of the meetiFig. Assimilate all Fevie i f upen i) Provide one (1) set of the final (1100%) plans(unsealed and unstamped -electronic and hard copy using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual proverty of the City of Corpus Christi and the Consultant. 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 priorto re-use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are re uired and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adeguately addressed City-provided review comments or provided submittals in accordance with City standards.. 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See attachment 'A' for required form. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility,authority, and control for coordinating activities for the eenstFuetien eantFaet awaFded. City during the Design Phase. b) Provide the budget for the Project specifying the funds available forthe construction contract. C) Provide electronic copy of the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The AIE will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. C) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format,for the Engineering Services'approval,any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE's design phase estimate required above,the Engineer will, at its expense, conferwith City staff and EXHIBIT"A" Page 4 of 11 Revised November 26,2013 make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders,receive and process deposits for all bid documents, issue (with the assistance of the AIE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. e) Provide draft document format for the Authorization to Advertise and for the Agenda Memoranda. 4. Construction Administration Phase tEstimated 12-Month Construction Duration). The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. �Preff aFe Assist the City in the preparation of change orders as authorized by the City. g) Review, evaluate and Fersemmend- fOF Gity--sensid (MOVED TO ADDITIONAL SERVICES) h) Attend final inspection with City staff, provide punch list items for Contractor completion, and provide the City with a Certificate of Completion forthe project upon successful completion of the project. i) Review Contractor-provided construction"red-line"drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two(2) months of final acceptance of the project.All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. EXHIBIT"A" Page 5 of 11 Revised November 26,2013 The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. C) Designate an individual to have responsibility, authority, and control for coordinating activities for the City during the Construction Phase. d) Prepare change orders as required. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. AIE may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessaryfor all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) , the-area b) T-xl)G l- „tility and en..irenmentel Heitmits eriultinle uses.erer..v ents , rrc.� G) Wetlands_Delir_,eHtieR and PeFFRi d)TennaeraFy-IDsrharge Perrot e) NPIDES PeFITIWAFAeRdmeRts (ineluding SSG, N01 NOT) -Texas Commission of EnyiFenMentel Quality (T- EQ) PeFF V/zFAendments i\ U.S. U.S. AFexY f_C�eisee Fs (USAGE-) 1) Texas Department of Licensing and Regulation (TDLR) , feF 6and SuFveying in the State of Texas, Ninth riditien. All weFk FAust be tied to and On. W/ ReseaFGh plats, ROW maps, deed, easements, and suFvey feF fenee , Fnenuments, and iffin pins within the existing ROW and aRalyze te e-sWah'i-Ah existing identify title awF;eFsl;ip and any title eneumbFanees to all Fight ef way te be asqU'Fed. A E to ,deyelep the H Hec ed alignm 'U8R rel..ti..e to the ex'- .tine aFy PF8pesed ROW. This piteliminai;y base map Fnust show l0t GF pFopeFty "Res, land EXHIBIT"A" Page 6 of 11 Revised November 26,2013 d) PFepaFe Metes and Bounds IRMFUFnent with suppeFtiRg exhibits as FeqUiFed and 2. Toaouraahic Survey and PaFGel DessfiDtlens ROW Verification. All work must be tied to and conform with the City's Global Positioning System (GPS)control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2)found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied—i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional(non-GPS)methods.Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x,y,and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown.Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. the par-eels to be aSqUiFed and these within adjasent PaFeels must be she paFeels FequiFed will be submitted along with paFeel desedptieRs.AdditieRal fees May o 3. Environmental Issues. (To be determined at a later date. Not included in this contract.) 4. Subsurface Utility 'n•• tien Enaineerina a) Provide subsurface utility engineering in accordance with ASCE Standard"ASCE C- I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data"including, but not limited to,hydro-excavation. The proposed subsurface utility investigation will be as follows: i) Excavation —The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the EXHIBIT"A" Page 7 of 11 Revised November 26,2013 horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One-Call Notice and measuring the marked locations. iii) Storm Water—Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater—Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level A. vi) Gas—Gas facilities within the project limits will be located to Quality Level A by the AIE. The City of Corpus Christi Gas Department will provide Quality Level C. The AIE will coordinate this activity. vii) Add SUE findings to topographic survey. b) Inform local franchises whose utilities fall within the footprint of construction-related excavation of the potential for encountering their utility lines during construction. A list of franchises within the Project area will be provided by the City. 5. Public Involvement (2 Mtgs.). Presentation to the Bicycle and Pedestrian Subcommittee and the Transaortation Advisory Committee (TAC) (2 Mtgs.). & Stakeholder Meetings (2 Mtsas.) (6 Meetings Total). a) Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. b) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC). Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. C) Meet with stakeholders to discuss project. (2 Meetings) 6. Construction Observation Services (Estimated 12-Month Construction Duration (To be determined at a later date. Not included in this contract.) needed and FequiFed-. (NOT APPLICABLE) 7. 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 EXHIBIT"A" Page S of 11 Revised November 25,2013 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 best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty(60)days prior to the end of the maintenance guaranty period. 8. Geotechnical Investigations and Recommendations. Perform pavement cores and borings at appropriate intervals in the travel lanes in each direction using proper traffic control measures and devices. Analyze cores and borings to determine thickness of existing paving constituents and determine properties of native subgrade soils. Observe and document groundwater readings. Perform soil borings in the Breakpoint Plaza area to determine soil design parameters for pile or footing supported structures that may be including in the designed improvements. Prepare a geotechnical report to be attached to the ELR including boring logs, discussion of the engineering properties of the subsurface materials encountered,trench excavation design parameters, utility trench recommendations pavement recommendations, and structural design parameters. Material testing services during construction are not included in the scope of this contract, but can be provided in the future, if required, for additional fees. 9. 12 Months of Bi-Weekly Construction Pro ress Meetings. (To be determined at a later date. Not included in this contract.) 10. Value Engineering Proposal Review. (To be determined at a later date. Not included in this contract.) 11. Project Definition Phase. (COMPLETED UNDER PREVIOUS CONTRACT) Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List„ which provides supplemental description to Exhibit W. Note:The Exhibit"A-1"Task List deesRst; sepefsede-supplements Exhibit"A". lll SCHEDULE Activity Date Hold Pre-Design Meeting Upon receipt of NTP Begin Design Phase Immediately following Pre-Design Meeting Submit 60% Design 6 Months after Pre-Design Meeting City Review 6 Weeks Submit 100% Design 2 Months after receipt of 60% comments from City Ci Review 1 Month Submit Sealed Plans & Docs 3 Weeks after receipt of 100% comments from City Advertise for Bids 2 Weeks after Sealed Submittal Pre-Bid Conference 2 Weeks after Advertisement Receive Bids 4 Weeks after Advertisement Contract Award 4 Weeks after receipt of Bids Begin Construction 4 Weeks after Award of Contract Complete Construction Approximately 12 Months after Begin Construction EXHIBIT"A" Page 9 of 11 Revised November 26,2013 III. FEES A. Fee for Basic Services. The City will pay the AIE a fixed fee for providing for all"Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, AIE will submit monthly statements for basic services rendered. ,The statements will be based upon AIE's estimate (and with City's concurrence)of the proportion of the total services actually completed at the time of billing. F9F seFviGes pFavided iR SeetieR I.A.4, the statement will be based upon City will make prompt monthly payments in response to AIE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B."Additional Services,"the City will pay the AIE a not-to-exceed fee as per the table below: Summary of Fees EXHIBIT"A" Page 10 of 11 Revised November 26,2013 8 g 8 $ 811 S ci 03 m w AA h Vh �9n W cA 1/1 N 8 8 8 ,`o' $ $ 8 e $ 8 8 $ _ p U ee ¢vet, vs C C h 8 I,, S .. m r. cif u0 ¢ Q ko 7 3 Pd$ t$ N N �. JA SA � 4db iA M1 N E h N in at w C3 ui P4 t4 M ° a yyN b12 M hIe� N g Oa ia?g n 11� G N T ',.. i/4 ✓F i is In r m $ gS l � N z` r 8 Li ..5.... ". .,.., N i Lam¢' 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 g$g ai 5771A ........... ................. ais s �i 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 G in ei $ R �6 Vb 4db Yb Efb 8P.4 '+.J6 9L? 9Jffi @ � n Frt NI 1� yA ',ti8 V! V6 N Vl 7 gA�.W 4� oO 9��y ��ry% ��bp g �3 4��y � �y g p 1mOV O j� a Mb a�A O df'b mab a 59 SOP �&9b iA 1% `�A M h A cc yy � Z u_ c a eca w Lj C'� � �o� 4r� Eta c � a x m Sq° i c' m � urE � w � a E �,w v lw 2 m CC NC�OO c IV 4 w CL c �'..l3 ur� r m Page 11 of 11 1 114 F4 RQPAs@dNvvuffbwM.2D13 EXHIBIT A-1 North Beach Area Roadway, Pedestrian and Utility Improvements Project No(s): E12127 & E12129 (2012 Bond Issue) TASK LIST GENERAL The North Beach Area Roadway, Pedestrian, and Utility Improvements (Project) involves reconfiguring the existing North Shoreline Boulevard roadway, parking and sidewalk to provide for a new roadway, new parking, and enhanced pedestrian facilities with landscaping, lighting and accessible routes from Pearl Avenue to Bridgeport Avenue. Additionally, the project involves repair or replacement of water, wastewater, gas, and electrical utilities and cleaning and/or repair of the existing storm water lines within the right of way from Pearl Avenue to Coastal Avenue. The Project also includes the design of pedestrian improvements in the Breakwater Avenue right of way east of North Shoreline Blvd. now being used for public parking (also known as Breakpoint Plaza). The construction budget for the project is $1,200,000 (street and pedestrian) + $900,000 (utilities) = $2,100,000. Exhibit "A", I. A. - BASIC SERVICES Preliminary Phase (Completed under previous contract.) Design Phase Provide Design Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services with the following conditions: Exhibit "A". I. A. 2. d) - Clarifications 1. The design of temporary traffic control measures shall consist of the preparation of Advanced Warning Signage Plans and inclusion of typical examples of traffic control measures for certain situations. The design of specific traffic control measures for the entire project is not included in the scope of work of this Contract. The Contractor is responsible for the preparation and approval of specific traffic control plan(s) that coincide with his approach to constructing the project — subject to the Project phasing stipulated in the construction documents - and may incorporate the typical examples provided in the construction plans. EXHIBIT 9'A-1" Page 1 of 3 2. This contract covers the design of two (2) City projects: E12127 and E12129. Under the scope of work of this Contract, RVE will combine the two (2) City projects into one (1) set of construction plans and contract documents to be bid as one (1) project. The budgets for the two projects will be combined and restated into two components; Roadway and Pedestrian, and Utilities. 3. Design Phase services include the design of street and pedestrian improvements from Pearl Avenue to Bridgeport Avenue, the design of new water improvements, wastewater cleaning and C.I.P.P. (New wastewater line design is not included; existing manholes to be rehabilitated using a fiberglass liner and new ring and cover.), and storm sewer cleaning and repairs (No storm sewer upsizing is included; existing manholes to receive new ring and cover only.) from Pearl Avenue to Coastal Avenue, and the design of pedestrian improvements in Breakwater Plaza subject to the available budgets. Bid Phase Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. Construction Phase (Estimate 12-Month Duration) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. Exhibit "A". I. B. -ADDITIONAL SERVICES (Subject to Authorization) 1. Permittinn • TDLR Registration: Submit construction plans and specifications to a Registered ADA Specialist (RAS) for review and approval and registration with the TDLR; Provide coordination efforts, as necessary. ROW Acquisition Survey Services are not included in the scope of this Contract, but can be provided, if required, for Additional Fees. 2. Topocirai3hic Survey & ROW Verification Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. EXHIBIT "A-1" Page 2 of 3 3. Environmental Issues To be determined at a later date. Services are not included in the scope of this Contract. 4. Subsurface Uti lily_Engineering (S.U.E.) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. The City will provide RVE with an approved site for the disposal of the S.U.E. waste material. 5. Public Involvement (2 Mtgs.), Presentation to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC) (2 Mtgs.), & Stakeholder Meetings (2 Mtqs.) (6 Meetings Total) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 6. Construction Observation Services To be determined at a later date. Services are not included in the scope of this Contract. 7. Warranty Phase Services Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 8. Geotechnical Investigations and Recommendations Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 9. 12 Months of Bi-Weekly Construction Progress Meetings To be determined at a later date. Services are not included in the scope of this Contract. 10. Value Engineering Proposal Review To be determined at a later date. Services are not included in the scope of this Contract. 11. Project Definition Phase (Completed under previous contract.) EXHIBIT "A-1" Page 3 of 3 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. .........,,,, ,,, 1,._1__111.._ ........ ....... ..,..,. ................ MINIMUM INSURANCE-.e,,,,,,,,,,,,,,,,,,,,,,, . �,,, TYPE OF INSURANCE COVERAGE ..........................................-. -..__..........__........................____........... 30-Day Written Notice of Cancellation, Bodily Injury & Property Damage non-renewal or material change required on all certificates r, COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises-Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors a AUTOMOBILE LIA. .. . o included $1,000,000 COMBINE � D SINGLE LIMIT 1. Owned vehicles 2. Hired -Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim 1$2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions 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 _....mm _..... �................................... ................ WORKERS COMPENSATION Which Complies ith the Texas Workers Compensation Act RS LIABILITY 500,0001500,000/500,000 EMPLOYE ' EXHIBIT "B" KlEnglneadng 0a1aExmn3 WC1Ar WJ1CAyFnalilinl342643arge oMPrdessi g SaMces ConirAMIRARGEaE EM407 T2010. X 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: L Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City 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. =Page2 KlEnginea ��� �n � �, o��F2��M&03426-Barge DaeWro¢asx W ScrAees C *HOARGE AE HIBIT B-OCT 20M C 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. This INDEMNIFICATION AND HOLD HARMLESS is waived for 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 design or construction of bicycle lanes within the roadways. =Page3 KlEngv Da1aFx�ow e4Cra6.naJC1yo-�aROW0342B-Bapge oklP 1assw Wa�e esConlraeWARG5AE XHIBFS. T2010.DDC d N O 0: a Q y N EEC' cnmm a. 0: 'OR o a 0 0 a-0 0 OR 0 0 0 0 -.-0 0 0 0 0 0 0 LO 0 0 0 0 O r 0 T Cf) O Lt] M N r C7 r N 4) a EC o U a) 0000000 000 ❑ ❑ ❑ 0 000 0 o uq uQ LO m 0 0 0 O � T � � V) a) 0CD C) o� O ° mmm °) °00 ° O o LO U) H- F- F- In Ln � O � � e! c 0% 0000 °000 ❑ ❑ ❑ °0 �°n o° u°O o E 0 T 6s Q s 0 o c c 0 O O N. ❑ w ++ O O La O LO O LO V O 0 0 1-- w N O e- W m m m ti N ti m r M M Op N r r Ili C6 I CV Z O C 6A 69 to 69 69 � to O w N .2 {� ° ° N N � m N ~ M Z Z O O I (Q 0 IL y (} Z r r T T T r N W O v C .a 69 [fr 69 69 uja E W ° > = Q as � 2 °69 C) ° ° °o � N ° p ❑ ❑ N O N N O C O o r m m T O T T (� Z r r r T T r N 69 69 69 6R E .+ 0 0 0 0 0 0 0 o p p ❑ 0 0 0 0 u 0 0 0 0 0 O m m m o 0 0 0 oototno o � 0 000 = rEf3 N N ( � N � Cil O U a) v N C m w a) N v t0 H Q1 N N L a V U-.a) �` N U. a '� C� a 0 C N N 3 7 'a O ,V t aI m 1p t� C C Q Z co Lt N c m .10. O ° ¢ :° tti fn Q o 'H ai C 'O L CL L Q E U) 'D w a1 O 7 V a) U) cG U m m O ma ❑ m0W Qa a- 0 Cl) cn wm ¢ F- EXHIBIT "C" Page 1 of 1 TO BU E ASSIGNED SY—CffV- - PURCHASING DIVISION Wwlyoatli DISCLOSURE OF INTEREST City of C�yus Christi Ordinance 17112,as amended,requires all persons or fmas seeking to do business with llm Ci to provide the following information. Every question must be answered. If the question is not appli le. answer with "NA". See reverse side for Filing Requirements, Certificiltions and definitions. COMPANY NAME: RVE,Inc. P.O.BOX: STREET ADDRESS: 820 Buffalo Street CITY: Corpus Christi TIP: 78401 FIRM 1S: t. Corporation 2. Partnership 3. Sole Owner ❑ 4. Assoemaa ® 5. Other tio 8 DISCLOSURE QUESTIONS If additional space is necessary►,please use the reverse aide of this ppaagge� or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Misti having an "ownership interest" constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City Department(if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an 'ownership interest" constituting 3%or more of the ownership in the above named"fum." Name Title NIA 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm.' Name Board,Commission or Committee NIA 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 NIA 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 " has been requested w act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement.that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Patrick D.Veteto, .E. Title: President (Type or Print) Signature of Certifying Date: 1. 9- 1 + Person: ) 0 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 Chriui. Texas either on a fall or part- time basis,but not as an independent contractor, d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership interest." Legal or equitable interest, whether actually or constructively held. in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terns 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. E ?--1 s- •r-1 U o M � CL N - -+ � d am --+ 4-j' ��rO C) r--� > O •O PEI u � v. O O Cn L Ln a o U m I a" w n Hill Y CL �% O ca III � r �f x IL a i �/ �� '''y l � ri Qill viii � IIIIIIIIIIIIIIIII i E -inr � c Nnr U a AVW N Udd V Uvw 83=1 Nvr 030 AON 100 ^ 1 d9S W Jnv inr c N Nnr � o ^ 1 AVW sy V/r UdV V Uvw U) 83=1 4-1 Nvr u W AON .O 100 d3S (1r1, and inr N Nnr AVW UdV Nvr M o /SON 130 E CD CD CD CD CD CD CD CD CD a CD L- 9 9 q qqqqqqq CD L- CD CD CD CD CD LO CD CD CD w L6 cn CD CD CD CD CD (0 CD CD CD w 0 CD CD CD CD CD qT CD LO CD 0) co U. - - - - CD Ln CD 6 L6 C\[ C\[ co LO 11 :3 CD LO LO CD CD LO r- T 00 CN 41 — -71 O il C\ C% [ i Cod 6c> 60- 6c> 60- U (a CD CD CD CD C) C) C) C) CD . C) C) C) C) C) C) C) CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD C=� C=� C=� C=� CD CD CD CD CD r— LO co CD CD (D- 6 CD LO CO r— CD T T CO CO ce) O LO 6c> 4-j b,O cu 06 4-j V 'Fu O 0 cu cn w LU cu 0 cn a) CU CU U) -a — E (D cu (D N .= E LU CU j N 0 N cli E cu N cp c-) cn cu . . . CL . . . . . . . C-) cn a) U) W cu cu LU cn 0 LU o cu cu Lu C-) cu a) (D 0 0 cn '0�-' a) cu cn -!=! (D a) (D (D CD-— LO— C: a) CL CY 3: LU n E LU .2 C-) c: .2 .0— a) cu cn cu cu CU cn C-) a) Lu —L) —L) (D 0 a) E 0 U) U) E (D cn CY) C L L _j 0 Z C cu 0 cu cy) cn cn 0 F- U) U) U) U) U) U) 0 E 0 0 0 0 0 0 0 6 0 Q H U) LL Z z F— LL 0 0 0 0 0 � F— LU �vs c 0 AGENDA MEMORANDUM wIORPOKR o Future Item for the City Council Meeting of August 12, 2014 1852 Action Item for the City Council Meeting of August 19, 2014 DATE: August 4, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities gustavogo @cctexas.com (361) 826-1874 THRU: Valerie H. Gray, P.E., Interim Executive Director, Public Works valerieg @cctexas.com (361) 826-3729 FROM: Fred Segundo, Director, Aviation freds @cctexas.com (361) 289-0171 Execute Amendment No. 31 Runway 13-31 Extension / Displacement and Connecting Taxiway CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 31 with KSA Engineers, Inc. from Longview, Texas in the amount of $74,803.00 for a total restated fee of $6,739,912.71 for the Corpus Christi International Airport Runway 13-31 Extension/Displacement and Connecting Taxiway Project for additional design services. PURPOSE: The purpose of this Agenda Item is to execute Amendment No. 31 with KSA Engineers, Inc. in the amount of $74,803.00 for a total contract restated fee of $6,739,912.71 for the Corpus Christi International Airport Runway 13-31 Extension/Displacement and Connecting Taxiway Project for additional design services. BACKGROUND AND FINDINGS: This contract amendment is specifically related to improvements at the Corpus Christi International Airport. The Runway 13-31 Extension/ Displacement and Connecting Taxiways project addresses safety issues resulting from potential runway incursion incidents. A Taxiway Utilization and Redevelopment Plan recommended the proposed airfield reconfiguration projects for Runway 17-35 and Runway 13-31 to improve the safety of the airfield movement areas where the majority of runway incursions have occurred (the south end of the airfield where Runways 13-31 and 17-35 are coupled). This project is comprised of extending Runway 13 and Taxiway Bravo by 1,000 feet to the north and displacing the threshold of Runway 31 by 1,000 feet to the north. Included in the project is the construction of one new connecting taxiway connecting the new Runway 13 threshold to parallel Taxiway Bravo, reconstruction and reconfiguration of Taxiway B1 Taxiway B5, the construction of a run-up area on the north end of Taxiway Bravo, and blast pad. All paving will be bituminous, matching the existing runway and taxiway paving on the airport. This work will include extensive grading and drainage improvements. As a result of the runway threshold relocations, additional lighting and signage will be installed and all navigation aids will be appropriately relocated. Access drives to the relocated navigation aids will also be constructed. The Distance-To-Go signs will also be replaced. A new Medium Intensity Approach Lighting System with Runway Alignment Lights (MALSR) will be installed to serve the approach end of Runway 13. All taxiway lighting and signage serving Runway 13-31 will be converted to LED. Lastly, Runway 13-31 and all bituminous pavements constructed within this project will be seal coated and marked including the enhanced taxiway centerline markings and hold positions lines and signs. Additive Alternate No. 1 is comprised of the construction of two new connecting taxiways, Taxiways B2 and B3, connecting Runway 13-31 to Taxiway Bravo. AUTHORIZED Additive Alternate No. 2 is comprised of the construction of two new connecting taxiways, Taxiways H and J, connecting Taxiway Bravo to the Terminal Parking Area. AUTHORIZED Additive Alternate No. 5 is comprised of the relocation of an existing 48 inch diameter water line currently located under the proposed Runway 13 extension. AUTHORIZED Additive Alternate No. 6 is comprised of the construction of the North General Aviation Apron Extension. AUTHORIZED Additive Alternate No. 7 is comprised of the construction of a new wash rack adjacent to the General Aviation Apron Extension constructed in Additive Alternate No. 1. AUTHORIZED Additive Alternate No. 8 is comprised of providing line stops for the existing 48 inch diameter water line should the existing gate valves prove to be non-operational during construction. AUTHORIZED Additive Alternate No. 3 is comprised of the construction of two new connecting taxiways, Taxiways H and J, connecting Taxiway Bravo to the Terminal Parking Area. PENDING FUTURE AUTHORIZATION AND FAA APPROVAL Additive Alternate No. 4 is comprised of the reconstruction of the East General Aviation Apron Phase II from bituminous paving to Portland Cement Concrete paving. PENDING FUTURE AUTHORIZATION AND FAA APPROVAL This construction contract was awarded to Bay, Inc. on April 15, 2014. A partial NTP was issued on May 15, 2014. The full NTP will be issued July 28, 2014. Amendment No. 31 with KSA Engineers, Inc. specifically addresses additional design components to be incorporated, as requested by the Federal Aviation Authority (FAA): Replacement of two localizer arrays, new electrical taxiway lighting circuitry, replacement of incandescent taxiway lights with LED taxiway lights, replacement of incandescent guidance signs with LED guidance signs, rename portion of TWY G to TWY K, update sign and marking plan, replace existing rotating beacon, reconfigure pavement and lighting south of RWY 31 threshold, replace existing primary windcone, analyze loading on all six airfield electrical circuits, reconfigure security fencing access gates, remove plan sheets 123, 124, 125, 167, 168, 169 and 170, incorporate FAA comments to plans and specifications, add FAA specifications as reference documents, modify plans and specifications as necessary to resolve conflicts with FAA required modifications, coordinate with Contractor to provide pricing for changes. Plans and specifications shall be in full compliance with all design and construction standards of the FAA, City of Corpus Christi, and other governing authorities, as applicable. ALTERNATIVES: 1. Execute Amendment No. 31 as proposed. (Recommended) 2. Do not execute Amendment No. 31 as proposed. (Not Recommended) OTHER CONSIDERATIONS: FAA provides funding for 90% of the project's design and construction and has reviewed and concurred with this amendment. This project conforms with FAA policies and requirements and is to be funded from approved FAA grants. CONFORMITY TO CITY POLICY: Conforms to statutes regarding the Professional Procurement Act and City Policy; appropriating funds and the FY 2013-2014 Airport Capital Improvement Program budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Aviation Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Revised Budget $1,052,000.00 $39,487,531.00 $18,625,000.00 $59,164,531.00 (w/2014 Ordinance) Encumbered / Expended $1,052,000.00 $1,052,000.00 Amount This item $74,803.00 $74,803.00 Future Anticipated $39,412,728.00 $18,625,000.00 $58,037,728.00 Expenditures BALANCE $0.00 $0.00 $0.00 Fund(s): Airport CIP Fund Grant, Airport 2012 Cl P; Seq. 2013-2014 CIP Nos. AV 6, 8, 9, 11 RECOMMENDATION: City Staff recommends the approval of Amendment No. 31 with KSA Engineers, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment#31 PROJECT BUDGET Runway 13-31 Extension/Displacement and Connecting Taxiway FUNDS AVAILABLE: Airport CIP Reserves (Estimated) $17,449,765.34 FAA CIP Grant 47 (Previously Awarded) $1,210,350.00 FAA CIP Grant $23,277,531.00 Future FAA Grant Funding (Pending Availability) $2,454,324.18 Total Funds Available $44,391,970.52 FUNDS REQUIRED: Construction: (Base Bid) $20,151,501.87 Additive Alternate 1 $4,191,522.83 Additive Alternate 2 $3,042,686.35 Additive Alternate 5 $2,413,477.70 Additive Alternate 8 $58,800.00 Additive Alternate 6 $2,524,931.35 Additive Alternate 7 $279,251.00 Total Construction Cost(Base Bid+Add Alt's No.1, No. 2, No. 5, No. 6, No. 7, No. 8) $32,662,171.10 Addtitive Alternate 3 (Pending FAA Funding) $990,846.30 Additive Alternate 4 (Pending FAA Funding) $1,113,619.70 Total Construction Cost(Including Additive Alternates No.3, NoA $34,766,637.10 Additional Construction (Based on Amendment 31)(Estimate) $670,134.40 Contingencies $3,543,677.15 Consultant Fees: Engineering Design Fees, This Project Only- (KSA Engineers, Inc.) $1,210,350.00 Construction Management& Materials Testing $2,724,339.60 Amendment 31 (This Item) $74,803.00 Reimbursements: $1,402,029.27 Administration/Finance (Capital Programs/Capital Budget/Finance) $221,959.85 Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) $1,172,069.42 Misc. (Printing, Advertising, etc.) $8,000.00 TOTAL $44,391,970.52 ESTIMATED PROJECT BUDGET BALANCE ($0.00) • Original Contract approved by City Council May 17, 2011. • Geotechnical Investigation performed under KSA Contract • Construction Inspection to be performed under KSA Contract • Total KSA Contract Amount is$6,739,912.71 f r � i Iwo r f r Wt� ' I G r! Omar �w ✓/G�i'G �% � �� � .. f r �'' dry", r' � 5r, '� �. e m, m e a r„rll, I I I f s I II, I � '`lil'I��!VU/6i'I(IY��yw!f�°(���11III����ill�'- ' r „ �'i i ~✓�N � ( ✓F Jm+ fill u I r; �v y 0 / vuY���101 H'. PROJECT LOCATION Corpus Christi International Airport e Corpus Christi International Airport CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Runway 13-31 Extension/Displacement DEPARTMENT OF CAPITAL PROGRAMS PAGE 1 OF 1 r ' -a 4-j N -i-+ .- G� N • rU4 � X � O � O � � U X � ;.' MU U IA o Ln La 41 U oEL um u IA %! E d i I r Y W N „G✓i )/ V/ ! i 7 , �✓r / j z non i 5 CL f I a �- E L c, CL r' 0i O U (� o z° > -A LO Q G � N 0 A � O V M CL 16.4 M v O LL a z - ) CL ' -1 cn .61 j �` O IA E m �L V O O o0 N I- M 0 0 0 0 O O O O O O LO O O O N M O O - W W W M I- O M O M r- - O (O O N L) 0 l(lp C 0 O V O N (O I-� O CO 6 : O 6 (M O O �Ir u L- M 0 M N n O N W r O M 0 V M - (D m M O N h �d r M Ln M T Ln Ln M V 00 O N � 00 (O (U (O M M 00 O T .� ...... O O M o0 V a N O M (O O M O V V N V N N V M O V (R n N (D O O (D LO N r � Cl) _ L.- I� M N le O V M N N 69 N 69 R 63 M - N - .9i 0 � 691 ER N Ef3 -4 N Ef3 ER ER ER Cl) (f3 (")) (f3 (f3 (f3 (f3 le ) Z Z 1 Ln ci T, O Z VZ (y N Q� z N . .^ Z N W W M < W U a L6 0 � g Q LL LL Q Q m + Q c ° a� H Q a�i m LL LL o o W a (n U C: m N _ m N N N m u C N .. m O _ W N LL LL N W N N LO 00 (O I� U M V U .O LL � N W N C > > m C C C C C C C U C C (n N 0 M N d Q Q m m N ('J c a� a� a� a� a� a� w a� w �j °� LL c D Q LL C7 C7 c '� Q Q Q Q Q Q c Q Q c c c .S °- a�i H c Z Q m Z c =o =o � o 6 0 �° o o o c c 'rn c o o- U LL U- U- U U- Q Q Q Q Q Q Q Q Q Q H co « r AMENDMENT NO.31 TO AGREEMENT For PROFESSIONAL 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 KSA Engineers, Inc. of Longview, Texas, acting through its duly authorized representative who is Joncie H. Young, President, (ENGINEER),which agree as follows: 1. DECLARATIONS. "CITY" desires to engage "ENGINEER" to provide services in connection with City's project, described as follows: Runway 13131 Extension Displacement (Project No. E11047, E12156, E12156A)"Project". 2. SCOPE OF WORK. "ENGINEER" shall provide services for the PROJECT in accordance with the accompanying Letters, Scope of Services, and Fee attached as"Exhibit A". 3. FEE. The "CITY" agrees to pay the "ENGINEER" for services provided in accordance with Exhibit "A", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $74,803.00 (in figures), (Seventy Four Thousand Eight Hundred Three Dollars and Zero Cents) (in words) for a total revised fee not to exceed $6,739,912.71 (in figures), (Six Million Seven Hundred Thirty Nine Thousand Nine Hundred Twelve Dollars and Seventy One Cents) (in words). CITY OF CORPUS CHRISTI KSA ENGINEERS,1' khy; Natasha Fudge, P.E. (Date) Joncie H„ Young, P ', (Da e Director of Capital Programs President 140 E„ Tyler, Suite 600 Longview, TX 75601 (972) 542-2995 (972) 542-6750 RECOMMENDED Fred Segundo (Date) Director of Aviation APPROVED Office of Mgmt and Budget (Date) Project No. E11047, E12156, E12156A Airport 2012 GO Funding source: ATTEST 550950-3024-00000-G50E11047 $74,803.00 Encumbrance Number: CITY SECRETARY K IENGINEERING DATAEXCHANCEICIARtSSA AAIRPORTT-19047,E12156,E112156A-COMBINED CONSTRUCTION FOR CCIA 19.31 RUNWAywktEM ENT NO 3IWMENDMENT NO.311AS1EriDN(E%`T NO.31-KSA ENGFN''EERS.DGCX EXHIBIT A CITY OF CORPUS CHRISTI,TEXAS Additional Design Components to the Runway 13-31 Extension/Displacement and Connecting Taxiways Project at the Corpus Christ! International Airport I. SCOPE OF SERVICES This proposal provides scope, schedule, and budget estimates for Design Phase Service fees for the Additional Design Components to the Runway 13-31 Extension/Displacement and Connecting Taxiways project at the Corpus Christi International Airport. Design and Bidding Phase Services will be performed as described in Exhibit A of the Engineer's existing Contract for AI E Professional Services, dated May 17, 2011, Proposed fees and information are provided in association with Ferguson Consulting, Inc. The Engineer shall provide the following services: A. SCOPE OF WORK 1. Replace existing RWY 13 8-element Localizer array with new 14-element Localizer array. The replacement of the Localizer array shall include the Localizer equipment, foundation, and all associated site work in accordance with providing acceptable drainage and access to the site. The existing Localizer shelter will remain in place. 2. Revise/replace existing RVVY 31 8-element Localizer array with new 14-element Localizer array. The replacement of the Localizer array shall include the Localizer equipment, foundation, and all associated site work in accordance With providing acceptable drainage and access to the site. The existing Localizer shelter will be relocated. 3. New T4 electrical taxiway lighting circuit. The T4 circuit shall include the consolidation of multiple existing taxiway lighting circuits, including TWYs F, G, H, and J. 4. Replacement of existing incandescent taxiway lights with LED taxiway lights an TWYs F, G, H, and J. 5. Replacement of existing incandescent guidance signs with LED guidance signs on TWYs F, G, H, and J. 6. Rename the portion of TWY G from the new Coast Guard facility to the west GA apron as TWY K. All relevant guidance signs will be updated to reflect this change. 7. Update the Airport Sign and Marking Plan and coordinate review and approval with the FAA. 8. Replacement of the Airport's existing rotating beacon. 9. Reconfiguration of the pavement and lighting south of RWY 31 threshold from a blast pad to a stopway. 10. Removal and replacement of the Airport's existing primary windcone with a new windcone and segmented circle. AMEND. O. 31 EXHIBIT A Pa 2e I of 3 KSA Engineers, Inc. Project No.CRP.005A . . . . 11. Provide analysis of the loadings on all six existing/proposed airfield electrical circuits (RVVY1. R0/Y2. lWY1. TVVY2, lRWY3. and TVVY4). Provide spare regulator tobe used ase backup to the existing/proposed taxiway regulators. 12. Reconfiguration of security fencing auuemm gates from 18' manual double-leaf swing gates to 20' manual rolling security gates. 13. Remove existing plan sheets 123. 124, 125, 167, 168. 169. and 170. These sheets were for additive alternate combinations that were not awarded. 14. Incorporation of additional FAA comments to plans and specifications provided after the bidding process for the project was complete. This includes FAA required modifications to plan sheets 1.22, 54. 56. 81. 62. 74. 105, 106. 121, 138, 141, 144, 145. 149, 150, 161, 153, 154. 155^ 158, 158, 158, 162, 163. 165, and Al, as provided by Steve Myroshon June 3' 2014. Specifications will be modified toam necessary tm resolve any conflicts with the FAA required plan sheet modifications. 15. Add FAA Specifications FAA-E-2013e. F/WA-E-2042c. and FAA-E-2072b as nafenmnnm documents to the specifications amrequested by the FAA. Plans and/or specifications will be modified as necessary to nmmm|ve any conflicts with the added reference documents. 16. Modification of plans and/or specifications as necessary to myso|wm any conflicts with the FAA required modifications as noted in a letter from the FAA on May 7. 2014 regarding the City's Procurement Documentation for the subject project. 17. Modifications to existing contract documents to incorporate the changes of this amendment. 18. Coordination and negotiation With Contractor to provide pricing for the changes of this amendment ammChange Order cost. 18. This amendment assumes one set oYreview comments mf the Design Phase documents will be provided by the Owner and one set mf review comments of the Design Phase documents will be provided by the FAA. Additional modifications will be made bothe Design Phase documents as necessary in accordance with the Owner and FAA review comments. Any additional modifications requested after the |n|Ua| Owner and FAA nmwiexx comments will require additional compensation by the Owner. Any additional scope mf work noted in the Owner and FAA review comments that is not specifically noted herein will require additional compensation bythe Owner. B. DESIGN REQUIREMENTS 1. Plans and specifications shall be in full compliance with all design and construction standards of the FAA. City of Corpus Chrimh, and other governing authohUes, as applicable. C. TRAVEL 1. This amendment excludes travel expenses for the Preliminary Design Phase and Final Design Phase as it is assumed all review meetings will take p|ema via *m|eoon0onanma. Any requested dates of travel will require additional compensation by the Owner. D. DELIVERABLES 1. This amendment includes submission of electronic copies ofmodified/added plans and specifications for review of the design modification components of this amendment. Any AMEND. NO. 31 EXHIBIT A KSA Engineers, Inc. Project No. CRP.n05A other requested copies of plans and specifications will require additional compensation by the Owner. 2. As requested by the FAA, this amendment also includes the submission of up to eight(8) sets of ANSI D (22" x 34") plan drawings, fifteen (15) sets of ANSI B (11" x 17") plan drawings, and fifteen (15) sets of specifications for the consolidated Runway 13-31 Extension/Displacement and Connecting Taxiways project, including all modifications/additions made through addenda and through this amendment. Any other requested copies of plans and specifications will require additional compensation by the Owner. IL SCHEDULE The Design Phase will commence with written notification from the Owner to the Engineer and will terminate upon delivery of Design Documents to the Owner by the Engineer. The Design Phase shall be completed within four (4) weeks of phase commencement. Additional modifications will be made as necessary in accordance with Owner and FAA review comments of the Design Phase documents. The Final Design Phase will commence with receipt of all Preliminary Design Documents review comments by the Engineer from all governing authorities and will terminate upon delivery of Final Design Documents to the Owner by the Engineer. The Final Design Phase shall be completed within one (2)weeks of phase commencement. Ill. FEES The Engineer proposes to provide Design Phase services for$74,803.00 on a lump sum basis. AMEND. NO. 31 EXHIBIT A Page 3 of 3 KSA Engineers, Inc, Project No. CRP.005A Exhibit B FEESCHEDULE KSA Engineers, Inc. CONTRACT FOR PROFESSIONAL A/E SERVICES CITY OF CORPUS CHRISTI FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS ......... ......................... .......... ....... Original Contract ...................................-.11.1.111.1.1.............I......................... .......... TASK FEE ..................................- ........................................................ Task Order No. I -Preparation of Environmental Assessment $161,649.00 ..........0..... ' -r'. No,. ' ...... ""-,- "'- '... --"A, ............................................................................................................................ ............................ ........................................................ Task rde No. A G1 S Airspa cena I y s i s and Data Submitallgooad $286, 41....6.........00 ....................................------.... —.' '........... ... .....----.................................. ....................... .........000.........- - Task Order 3 .Runw a y 17-35 Extension/Displacement and $566, 00 -Con n ecting Taxiway Project T ...............................I - sk Order No. 4/1000'- Runway 13-31 Extension/Displacement and $720,000.00 Connecting Taxiway Prqiq�q!_ Wi-k—O idWr-"i 4 Ajdbb' - Runway 13-31 Extension/Displacement-and .......................... $148,000.00 Connecting Taxiway Project ---- �.............. ............................................ ............... Task Order No. 5-TaK !Ailization Stud $80,196.00 ...........I.,............. ................................................... ........... Total Original Project Fees $1,962,261.00 , ............................ ...... ..........................................-......................................... ......................................................................................................................................................................................................................................................................... Amendment No. 1 ............ Topographic Survey, Plats, Metes-& Bounds. I fo"I r.Right. o..f Way Acqursrtron ........... for Access to Relocated Approach Lighting System for Runway 17 $ 5,577.50 (Supplement to Task Order No. 2) ..... ----- ....................... ...........................................11 11............................................................................................................................... .................... ................................................I.......................I ...... Amendment No.-2 er No. 6 - North General_Aviation $49,400.00 .Task.................. .......................................... ......................................................................................................... ....... ... ... .............. "Am..e.........n m-,- .......... ....... ent No. 3 Task di r N6. 7 - Pinson Road & ff ' '"""- "'".d""�pIoy eePar k i n g D—ra i n" a g—e......... ................................ $24,150 00 Im ements ........................................................................................ -------- ............ Amendment No. 4 ........... ..................I.,.,.,.,.,.,.,.,.,........... ................................................................................ Additional Desktop Biological and Jurisdictional Waters Evaluation $4,028.45 Su !�Ment to Task Order,,N,o. ........................ ............................. .................... .................. .......... . ....................w__...... ................. Amendment No. 5 .......................................... ............................ .............................11 ............................... Infield Taxiway Connectors/Runway 17-35 Project (Supplement to Task Order No. 3) $100,000.00 ........... ...........................I.I.I.I.I.I.I.I.I.-I-1-1-1-1-11.--I................I...................-----,........ .................................................................................................. ....... ...- ....................................---.......................................... ................. ................................. Amendment No. 6 .................................................................................................................................................................................................................................................................................................................. .............1.1.1.1.1.1.1.1.1--.1.1.............. ................. Infield Taxiway Connector/Runway 17-35 Project $400000.00 Lypp[S Order ......_ _I em��.s k .. ..........�J........................................................................................................................................................................... .... .............................................................. Amendment No. 7 ........................................ AMEND. NO. 31 EXHIBIT"B" Page 1 of 4 ..,......, �� m ..... mm �...,.,. �.,� ......... ........ ............... .,... n--fl-e- tieid Taxiway Connectors/Runway 13-31 Project (Supplement to Task Order No. 4) $201,8®0.00 .,..a -, ,m,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,..,,,,,,..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_M...... M...............__............................,,,,Amendment Revise Environmental Assessment and- Perfor ..................E.......V......_............................-...,,,---,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ._...............,�.. ............... ....,,,,,,,,,,,,,,,.,................... Perform Environmental Due Diligence Audit (EDDA) for NAVAID Relocations $16,010.00 5,u lerne,nt to Task Order No. 7 ........ .........................__...._........•...................................,,,, �,,m ,,,,.Mmmmm..................................mm.......,,,,, ,,, ...,,,,,,,,...,,.................................._ ...... Amendment No._9 ......_ ................�........m.................. ,,,,,mm................................................................................ TaskOrder No.............._........._ ......... ......a.... .�_._.�.,,,.....,,,,,,,,,,....�..., .m,... ,..�.,,,.....,,.,,,,,,.,,.,,,,,,,,,,,-mm...-,-,.....�_......®...._�.............................. ...................................____.. .m .....m............................,_ k 8 Construction nAdministration Fees for RWY 17-35. $1,000,000.00 Extension/Dis lacement and o nec in t Taxiwa s Project .................................................. __..........................................................-.,,,,,,mm. ............................,... Amendment No. 10 AGIS Attribute Revisions for the run ���t_..................� ..,. ,,,, ... ..... . ..... . .._„.,- m $8,57.mmmm Truncation of RWY 13 Extension fram 25 160D to 100D Su I ement to Task Order No. 2 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,n, ,,,,,,,,,,,,,,,,„-,,,,,,...,............................................_. _........................................................... Amendment No. 11 Civil, Electrical and NAVAID Design Revisions for the Truncation of RWY $.... .OD 13 Extension from 1600'to 1000' Su lenient to Task Order No. 4 •.,,., ...mm............._••.,,� �...................................... ......... ...........,,.,,,,,,,,,,.,,,,,•�mm._ ..��.�����mm,P�?w............_...........................__...................__......................................................................... -mmmm ................................................................................. .. _.....................................-......................................................_...__...........................w__................... mm.-..,Amendment rr�, , ..., No. 12 Taxiwa Utiliza tion.................................�.........................................................................................................................-....................... ,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...........................M,,,,,,,,,,............,,,,,,,,,,,,,„ M.-. _....._$2,300.00 ation Stud d y y Update for the Truncation of RWY 13 Extension P , e from 1600 to 1000 Su lament to Task Order r er No. 5 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_ ,mm.. mm. ,.,.�� ......PP................................. .. _........................... .,,.mmmm mm.......... ......................................................................................... �. __.................. _........................................... . ,m,,...-.,,,,,,,,,,,,,,,.. .. Ame.... ................................. ndment,uNo. 13......................__..................................................... .............__________...�., �-�...��,,,,,,,,............................,,. Task Order No. 9- Phases 1.....&...2....Reconstucti,.........,_. ...._... Reconstruction of East General _............................. .-..-�...........$1.. . ..�.� . ... . ..„ Aviation Aron (Areas 1& 2 A ...... ... ,,,,,,,,,,,,,,,,,,,,,.........,,, ,.................................................................Amendment No...1,...w.........,,,,,.........................................................., .Task Order"No. 10,®......East General Avia io .,— -- ,,,,,,,,,, M....................................................,,. ............................. t n Apron Extension . $14...... 00 ....................mm --...-_..Amendment No. 15 Task...Order..No........1..1..w..............Ea,S,m,Gen ,,,,.,,,,,,,mm,,,,,,._,,,,,,,,„,.,,,,,,,, East General Aviation..,,,, ....A Apron Wash Rack �mmmm.. $2... OD ............................... _............................___......................................................... Amendment No. 16 Task.e-r No. 12- Gat-.,-,�.—........_ ................................._..._._......................................................................................................�,,,,,,..........,,,,...... ..,,,,,,,,,,,,,,,,,. ............._�......�,,,,,,,.................,,„_,,, , , e 10B Re lace went 6 549.25 P $ � .._........ _........................w_............... ......, .....,,,,.,,,,•••••. ...........,.,........................_.,,,,••...,,,,,,,_.,,,, ..........__..._................................................................................................................... ........................... ....... Amendment No. 17 Task Order No. 8 - Construction Administration Fees for RWYmm9.7-3�.... .., Extension/Displacement and Connect w i a s Pra act -Ad ustment 0.00 in Tax to Amendment No. 9-E11122, E11046 ........�.............�..� .,,,,,.,M.M.,,.., ..�,.,,..,,,,,,,,,. ,,,,,,,,,,,,,,,,,,-.. . ..,.,.....,..,.........MM,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,............,,,,,,,,,,,,,„-.,, .................... __.....__............................ ,,,,,.,,, -.....-...-.................................._...�...._...............__.....__.....__. ........... ____...... m..,,,,._.,...�........,,,,,,,,,,,,,,,, ........... .............. _ ..._.... .. ,,. Amendment No. 18 Task Order No...8 -..Constructio.......__.........___.. ....................... ,,,,,,,,,,,,,,,.„,,.,,,„,,,,,,,,,,,,,,,,,,,,.,,,,,�.. 0.00 .,. . ,...,. W.., Construction Administration Fees for RWY 17-35 0.00 ,,,,,,,,,,,........��,,,,,,,,,,.,,,,,„,,,,,,,,,,,,,�-..�o-,...,_.�� Extension/Displacement and Connecting Taxiwa s Project-Adjustment Amendment No 9-E11046, Testing to-, ., .,,-. - - ....... ....�..... ....................................- . ... . . .-. ......... . ........ Amendment No. 19 Task Order No. 8-R cka iqa l saj Orders 4,......10,11; E 11047„,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,, ,,,,,,,,,m ,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ....................................... „�„,,,,,,,,,,,,,,,,,,,,,,,,,,,,m .... ......,,, m�, . ,DOO.OD AMEND. NO. 31 EXHIBIT"B” Page 2 of 4 . . ent No. 20 Pl�p..§qement and Connectinq Taxiway, El 1046A Amendment No. 21 onstruction Administrative Services for Gate 10B Constru..qtion Project $31,038.60 Amendment No. 22 Amendment No. 23 -user Flight Information Display System (MUFIDS) Modifications at $36,000.00 CCIA Amendment No. 24 unwav NavAids additional scope to provide Environmental Due $5,800.00 Amendment No. 25 Gate 1013—Additional Scope of Construction Admin and Inspection $7,371.50 Services Amendment No. 26 1 35 Ru w Additional Survey Scope Amendment No. 27 unWqyMoitional Field Investigation by RETL $9,315.00 Amendment No. 28 Amendment No. 29 nhanced Safety Improvements in State Highway 44 Right of Way $48,465.00 Amendment No. 30 onstruction Administration Phase and Close Out Service Fees for the $2,724,339.60 C nnectinq Taxiways Pro Amendment No. 31 Additional esign Components to the Runway 13-31 $74,803.00 Extension/Displacement and Connectinq Taxiways Project Amended Total Fee $6,739,912.71 AMEND. NO. 31 EXHIBIT"B" Page 3 of 4 ADDITIONAL CONTRACTS ......... . ....................... ...... Installation Desi n Total Fee 5arnt�zer I' � ^ __ w ......... �mm m. . . . ..... ... ___ . .�. _$19m680 00 ._ . ... .,,, ,,,, ,,,,,.„,.,..........................................................------ ____............ ................... Jetway Bridge Holding Position Marking 5 & Diversion Aircraft Parking I_a aut Total Fee... ................................ .......$,16,925.0®:,.,,; Blamm .. ... ...�.-._ ._._..... mu .... �,,,, .,. � „ �,..,,.,,,,,, ���m��„m ,.m�.mmm ..._, st Study for Aircraft Powering I and Out of East RON Positions and Add Aircraft Jet Engine Ingestion Zone Markings to the Holding Position Markin s at Gates 1, 3B and 6A Total Fee $11,672.5 ResidentPra'ect Re resntative..fa ..sne®Z. ..........._..........................................................................__........ . ................................................. �... ............ .......................................................w___ iti er Installation o .. 4®.. AMEND. NO. 31 EXHIBIT"B” Page 4 of 4 wa € g� ° moo m c .� O �l! 0 0 N 0 0 0 O a) er- N •7 L C OC) OQ § 00 LO 0800000 a� o o a❑c m 0 o un s m m H en TZ a c �j 7 v � 0 O O I` O O ❑ ❑ ❑ 0 NOf3 N Q ; C fg 6F! m Ln 1A r. _ W o O 1� p�p 10A Q� N N L7 O O v 0) v C C ti t{� N S �- to l"' �= N 1� M M cli vi a: r r 0 411, V N d W r r+ 0 Iz Z Z 01 p O � 0 N d9 O ( m CO N m c!0. ++ m y Z •- T- T- T- V N W n U 3 V GR e& fR rfl ~ � O ' � acc t. O 0 0 O 0 N a ❑ ❑ ❑ pp N N 0 pp N V Z T- T T- 6i! T- e-: cli $ � S ° ° {❑� ❑ ❑ g gg °o = 6r9 N N cli (- NN (0 N C6 O V to 0) V N N Z N U) N go 0 V 0) a V tli 0) t0 H to Z d z o 'v, m a z V o CO) m ca E rn a ; o � co � c g ❑ o E � ° 0 t matic0U)) aa � � � oacn caco4F°- =Hl 'C" f 1 TO SUPPUER NUMB NED ER BE ASSIG BYTnT- PUR CAS ING DIVISION City of CITY OF CORPUS CHRISTI rist Corpus Chi DISCLOSURE OF INTEREST Ci%of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seekin to do business wit the Ci to provide the following information. Every uestion must be answered. Ifthe question is not ap lyle, answer with "NA". 7, .Plica See reverse side or Filing Requirements, Certifications and definitions. COMPANY NAME: KSA Engineers,Inc. BOX- STREET ADDRESS: 140 E.Tyler,Suite 600 CITY: Longview ZIP: 75601 FIRM IS: 1. Corporation X 2. Partnership 3. Sale Owner 4. Association E] 5. Other If additional space is necessar DISCLOSURE QUESTIONS ,y, please use the reverse side of this gge or attach separate sheet. 1. State the names of each 'employee" of the Ci of Corpus hristi having an "ownership interest" constituting 3%or more of the ownership in the Sove named Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more oft he ownership in the above name 9C d firm.29 Name Title NIA 3. to the names of each"board member"of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee N/A 4. State the names of each employee or officer of a "consultant!' for the City of Corpus Christi who worked on a matter related to the sub"ct of this contract and has an "ownership interest" 3.7 constituting .or more of the ownership in itt e above named"firm." Name Consultant N/A EXHIBIT"D" Page I of 29 FILING RE QUIREMENTS If a person who requests official action on a matter knows that the re uested action will confer an economic benefit on any City official o r e gl,y,, that is distinguis liable'Irom the effect that the action will have on members of the public in enera or a substantial segment thereof,you shall disclose that fact in a signed writing to the City officiat employee or body (flat has been requested to act in the matter, unless the interest of the City official or cnityce in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City ecretary. [Ethics Ordinance Section 2-349 (d)] CERTI171CATION I cerfi ,that all information provided is true and correct as of the date of this statement, that I have not kno ►in-ly ivithheld disclosure of any information requested; and that supplemental statements will be promptF�submitted to the City of Corpus Christi,Texas as changes occur—. --, -, Certifying Pei-son: ilc® 451 Signature of Certifying Date: t3 Person, DEFINITIONS a. "Board mainber." 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 all economic interest if it is likely to have an effect on that interest that is distinguishable from its cl'fect on members of the public in general or a substantial seginent thereof, c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- finic basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and ►►hether established to produce or deal with a product or sen,ice, including but not limited to,entities operated in the form or sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities %%iiicli for purposes of taxation are treated as non-profit organizations. c. "Official." The Mayor, members of (lie City Council, City Managcr, DcpUtV City, Manager, Assistant City Managers,Department and Division Heads, and Municipal Court Judies,of the City of Corpus Christi,Texas, f. "Ownership Interest." Legal or equitable interest, whether actually or constructively field, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively field" refers to holdings or control established through voting trusts, proxies, or special terms oi'venture or partnership agreements." M.c, "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT"D" Page 2 of 2 AGENDA MEMORANDUM �oaPOwR ko Future Item for the City Council Meeting of August 12, 2014 2852 Action Item for the City Council Meeting of August 19, 2014 DATE: August 12, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam(o)cctexas.com (361) 826-3169 Michael Morris, Director of Parks and Recreation m ichaelmo(o)cctexas.com (361) 826-3464 Service Agreement for Meal Delivery CAPTION: Motion approving a service agreement with R & R Delivery Service, Corpus Christi, Texas for meal delivery in accordance with Bid Invitation No. BI-0142-14, based on only bid for an estimated annual expenditure of$243,750.00, of which $40,625.00 is required for the remainder of FY 2013-2014. The term of the contract 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 Contractor and the City Manager or designee. Funds have been budgeted by the Senior Community Services Division of the Parks and Recreation Department in FY 2013-2014. PURPOSE: This service agreement will be utilized by Senior Community Services to provide for the home delivery of meals to recipients of the Elderly Nutrition Program and the Title XX and Title XIX Meals on Wheels Program. BACKGROUND AND FINDINGS: This service consists of approximately 650 meals each day for a twelve-month period, delivered from 10:30 a.m. to 1:30 p.m., Monday through Friday, for approximately 250 days. 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: Parks and Recreation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures Current 2014 (CIP only) Year Future Years TOTALS Line Item Budget $105,850.60 $203,125.00 $308,975.60 Encumbered / Expended Amount $65,225.60 $0 $65,225.60 This item $40,625.00 $203,125.00 $243,750.00 BALANCE $0 $0 $0 Fund(s): Parks and Recreation Grants Comments: The $40,265.00 financial impact shown above represents two (2) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $203,125.00 for the last ten (10) 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 Service Agreement CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI-0142-14 BUYER: GERALD GOODWIN MEAL DELIVERY SERVICE R& R DELIVERY SERVICE CORPUS CHRISTI, TX UNIT TOTAL DESCRIPTION QTY UNIT PRICE PRICE 1. City-wide deliveries: 162,500 Each $1.50 $243,750.00 Approximately 650 meals each day for a twelve-month period consisting of 250 days to be delivered between 10:30 a.m. and 1:30 p.m. TOTAL $243,750.00 MEAL DELIVERY SERVICE AGREEMENT Service Agreement No. THIS Meal Delivery Service Agreement (this "Agreement") is entered into by and between R&R Delivery Service (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 Meal Delivery Service in response to Bid Invitation No. BI-0142-14 (which includes Specification 1022 dated 03/31/11) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Meal Delivery Service in accordance with Bid Invitation No. BI-0142-14 (which includes Specification 1022 dated 03/31/11) (Exhibit A). 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 additional twelve-month periods subject to the approval of the Contractor and the City Manager or 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 Nutrition Services Coordinator. 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 to the Contract Administrator. Additionally, the Certificate must state that the Nutrition Services Coordinator 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 September 30`h), 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-0142-14 (which includes Specification 1022 dated 03/31/11), or the Contractor's bid offer to Bid Invitation No. BI-0142-14 (Exhibit B) 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 Nutrition Services Coordinator. 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-0142-14 (which includes Specification 1022 dated 03/31/11). Failure to keep all insurance policies 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: Nutrition Services Coordinator, Senior Community Services Program P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor RR Delivery Service Contact Russell P. James Address: 2663 Garner Field Rd. City, State, Uvalde TX 78801 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. SeverabiGty. 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 WHATSOVER, INCLUDING ALL LIABILITY FOR DAMAGES ON ACCOUNT OF OR BY REASON OF BODILY INJURY, INCLUDING DEATH, NOT LIMITED TO THE EMPLOYEES OF CONTRACTOR, THE CITY, AND OF ANY SUBCONTRACTOR OR CONTRACTOR, AND FROM AND AGAINST ANY AND ALL DAMAGES TO PROPERTY, INCLUDING PROPERTY OF THE CITY OF CORPUS CHRISTI AND OF THIRD PARTIES, DIRECT AND/OR CONSEQUENTIAL, CAUSED BY OR ARISING OUT OF, IN WHILE OR IN PART, OR CLAIMED TO HAVE BEEN CAUSED BY OR TO HAVE ARISEN OUT OF, IN WHOLE OR IN PART, AN ACT OF OMISSION OF CONTRACTOR OR ITS AGENTS, EMPLOYEES, VENDORS, OR SUBCONTRACTORS, OF THEIR EMPLOYEES OR AGENTS IN CONNECTION WITH THE PERFORMANCE OF THE CONTRACT, WHETHER OR NOT INSURED AGAINST, 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 . Contractor. Name: Russell P. James Title: Owner CITY OF CORPUS CHRISTI ("CITY") Christela Morales Date Procurement Manager Incorporated by Reference: Exhibit A: Bid Invitation No. I-0142-14, including Specification 1022 (Available upon request) Exhibit B: Bidder's Bid (Available upon request) _ AGENDA MEMORANDUM Future Item for the City Council Meeting of August 12, 2014 Action Item for the City Council Meeting of August 19, 2014 DATE: July 21, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMop_cctexas.com 361-826-3460 Texas Parks and Wildlife Department Grant application for the Urban Outdoor Recreation Grant Program for Improvements at West Guth Park CAPTION: Resolution authorizing the City Manager or designee to submit a grant application in the amount of$500,000 to the Texas Parks and Wildlife Department for a Local Park Grant Program for the West Guth Park with a City cash match of $500,000 from the 2012 Bond Funds — Community Park Improvements; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: The Texas Parks and Wildlife Department (TPWD) requires municipalities seeking funds under the Local Park Grant Program to pass a resolution approving the City Manager or his designee to apply for and manage grant funds. BACKGROUND AND FINDINGS: TPWD offers the Local Park Grant Program to assist local units of government with the acquisition and/or development of public recreation areas and facilities. The Outdoor Recreation Program provides 50% matching grants on a reimbursement basis and requires funds to be spent sites that are dedicated parkland (in perpetuity), properly maintained and open to the public. The Corpus Christi Parks and Recreation Department is applying for $500,000 in grant funds from the Urban Outdoor Recreation Program for improvements at West Guth Park. Matching funds for the grant will come from the 2012 Bond Program for Community Parks Improvements and Aquatic Facility Improvements. The project will include a zero depth entry pool and splash pad, covered pavilion, trails, playground and landscape/turf enhancements. The improvements are consistent with the 2012 Parks and Recreation Master Plan development guidelines and priorities. ALTERNATIVES: Do not appropriate funds. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The improvements conform to the 2012 Parks and Recreation Master Plan. City council must approve application and acceptance of grant EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating Revenue X Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $3,000,000 $3,000,000 Encumbered / Expended Amount This item $ 500,000 $ 500,000 BALANCE $3,500,000 $3,500,000 Fund(s): Parks and Recreation Grant Fund 1067; 2012 Bond Fund Comments: none RECOMMENDATION: Staff recommends approval of this resolution LIST OF SUPPORTING DOCUMENTS: Resolution Attachment— Local Park Grant Program Resolution Authorizing Application Attachment— Local Park Grant Program Certification and Assurances Resolution Authorizing the City Manager or designee to submit a grant application in the amount of $500,000 to the Texas Parks and Wildlife Department for a Local Park Grant Program for the West Guth Park with a City cash match of $500,000 from the 2012 Bond Funds — Community Park Improvements; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $500,000 to the Texas Parks and Wildlife Department for a Local Park Grant Program for the West Guth Park with a City cash match of$500,000 from the 2012 Bond Funds — Community Park Improvements. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and condition of, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 2 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 Local Park Grant Program Resolution Authorizing Application A resolution of the City of Corpus Christi as hereinafter referred to as "Applicant," designating certain officials as being responsible for, acting for, and on behalf of the Applicant in dealing with the Texas Parks & Wildlife Department, hereinafter referred to as "Department," for the purpose of participating in the Local Park Grant Program, hereinafter referred to as the "Program"; certifying that the Applicant is eligible to receive program assistance; certifying that the Applicant matching share is readily available; and dedicating the proposed site for permanent (or for the term of the lease for leased property) public park and recreational uses. WHEREAS, the Applicant is fully eligible to receive assistance under the Program; and WHEREAS, the Applicant is desirous of authorizing an official to represent and act for the Applicant in dealing with the Department concerning the Program; BE IT RESOLVED BY THE APPLICANT: SECTION 1: That the Applicant hereby certifies that they are eligible to receive assistance under the Program, and that notice of the application has been posted according to local public hearing requirements. SECTION 2: That the Applicant hereby certifies that the matching share for this application is readily available at this time. SECTION 3: That the Applicant hereby authorizes and directs the City Manager or his designee to act for the Applicant in dealing with the Department for the purposes of the Program, and that Stacie Talbert Anava is hereby officially designated as the representative in this regard. SECTION 4: The Applicant hereby specifically authorizes the official to make application to the Department concerning the site to be known as West Guth Park in the City of Corpus Christi or use as a park site and is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and recreation purposes in perpetuity (or for the lease term, if legal control is through a lease). Projects with federal monies may have differing requirements. Introduced, read and passed by the affirmative vote of the "Applicant" on this day of 20 Signature of Appropriate Official Typed Name and Title PWD 1069B-P4000(01/2014) Local Park Grant Program Applicant's Certification & Program Assurances As the duly authorized representative of the sponsor designated in the Resolution Section 3, 1 certify that the sponsor. 1. Has complied with all pertinent local and state laws, and Local Parks Grants Program requirements regarding public hearings, including floodplain development, if appropriate. 2. Has the required proportionate share of funds available and sufficient for the project as required by Section 13.309 of the Parks and Wildlife Code. 3. Will maintain and operate areas acquired or developed with program assistance at sponsor expense as required by Section 13.309 of the Parks &Wildlife Code. 4. Will permanently dedicate for public park and recreation use all project area(s) which receive program assistance, as required by Chapter 640.1.2 of the Local Park Grant Program Manual. 5. Has the legal authority to apply for program assistance and the institutional, managerial and financial capability to ensure proper planning, management and completion of the project described in this application. 6. Will give the State of Texas, hereafter referred to as "State," through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 7. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the Texas Parks & Wildlife Department, and will record any federal interest in the title of real property in accordance with U. S. Department of Interior directives. 8. Will dedicate and permanently maintain any property designated as a natural area, wetland, or open space to meet program guidelines. 11. Will comply with all provisions of the "Summary of Guidelines for Administration of Local Park Grant Acquisition & Development Projects." 12. Will comply with the requirements of the Department with regard to the drafting, review and approval of construction plans and specifications. 13. Will obtain all required state and/or federal permits related to project development. 14. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms to the approved plans and specifications. 15. Will furnish quarterly progress reports and such other information as may be required by the Department. 16. Will initiate and complete the work within the applicable time frame after receipt of approval from the Department. 17. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. PWD 1069C-P4000(01/2014) Applicant's Certification & Program Assurances - Continued 18. Will comply with all State and Federal statues relating to non-discrimination. 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. §§ 1681-1686) 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; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (e) any other non-discrimination provisions in the specific statute(s) under which application for program assistance is being made, and (f) the requirements of any other non-discrimination statute(s) which may apply to the application. 19. Will comply with the flood insurance purchase requirements of Section 4012(a) of the Flood Disaster Protection Act of 1973 which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance in an amount at least equal to its development or project cost. 20. Will comply with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuance to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S. C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.);(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 21. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 22. Will assist the Department in assuring compliance with the Texas Antiquities Code. 23. Will cause to be performed the required financial and compliance audits in accordance with the state or federal Single Audit requirements. 24. Will comply with all applicable requirements of all other State and Federal laws, regulations and policies governing this program. Sponsor/Project Name Signature of Official Authorized in Resolution Print Name and Title of Official Date PWD 1069C-P4000(01/2014) d AGENDA MEMORANDUM oaPOwR ko First Reading Ordinance for the Council Meeting of August 12, 2014 2852 Second Reading Ordinance for the City Council Meeting of August 19, 2014 DATE: July 18, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(aD-cctexas.com 886-2604 Appropriating the Texas Automobile Burglary and Theft Prevention Authority grant CAPTION: Ordinance appropriating $392,474 from the Texas Automobile Burglary and Theft Prevention Authority (ABTPA) in the No. 1061 Police Grants, and appropriating $7,687 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. PURPOSE: Appropriate the funds. BACKGROUND AND FINDINGS: The City of Corpus Christi has received Year 14 funding from the Texas Automobile Burglary and Theft Prevention Authority (ABTPA) to continue the motor vehicle theft unit in the Police Department. The ABTPA was established in 1991 due to rising auto thefts and is funded through an annual fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The unit focuses not only on detection and apprehension, but also on the salvage yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant. numerous crime prevention programs focusing on reducing auto burglaries and thefts occur during each grant year. Since the inception of the unit in 2001, auto thefts have decreased by 68% from 1,515 to 487 in 2013. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In-kind contributions include office supplies, copy machine, and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for three sworn officers who also work auto theft and auto burglary. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for over 15 years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 614,691 614,691 Encumbered / Expended Amount 0 0 This item 400,161 400,161 BALANCE 1,014,852 1,014,852 Fund(s): Police General Fund, Police Grants Fund Comments: Year 14 of the grant requires at least a 20% match by the City. The match may be cash, in-kind, or program income. The Police General Fund will provide a cash match of $622,378 for sworn officers' salaries/benefits, in-kind contribution of$52,045 for office space/operating costs, and program income of$7,687 for travel and other operating costs. The grant period is 9/01/14 —8/31/15. RECOMMENDATION: Staff recommends appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance Appropriating $392,474 from the Texas Automobile Burglary and Theft Prevention Authority (ABTPA) in the No. 1061 Police Grants Fund; and appropriating $7,687 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $392,474 from the Texas Automobile Burglary and Theft Prevention Authority (ABTPA) is appropriated in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. SECTION 2. That $7,687 is appropriated in the No. 1061 Police Grants Fund for the program income match to continue the motor vehicle theft enforcement grant within the Police Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 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 Nelda Martinez City Secretary Mayor NW).-,1t rE 4Ji Texas Automobile Burglary and Theft Prevention Authority Project Brief Grantee: City of Corpus Christi Project Title: Corpus Christi Auto Theft and Burglary Theft Prevention Funding Source: Auto Burglary & Theft Prevention Authority Basic Information Years Funded: 11 Amount Requested: $645,331 Amount Awarded: $392,474 Region: 2000 COASTAL BEND COUNCIL OF GOVERNMENTS County: Nueces (355) County Summary Information Objectives for Standardized ABTPA Goals: Obj. 1: Initiate bait program operations (20) Obj. 2: Conduct salvage yard inspections (5) Obj. 3: Conduct field operations (12) Obj. 4: Perform Report Card initiatives throughout year (6) Obj. 5: Issue crime analysis bulletins for intel sharing with task force and patrol (100) Obj. 6: Work public awareness events (100) 0bj. 7: Conduct 1 day intel sharing for officers throughout the state (1) 0bj. 8: Conduct auto theft intel and investigative techniques with patrol officers (4) 0bj. 9: Inspect vehicles—68A inspections, salvage yards (300) Obi. 10: Response operations to CC PD license plate reader(12) Obi. 11: Continuously update offenders databases (5) Obi. 12: Clear auto theft cases (250) Obi. 13: File auto theft cases (50) Obi. 14: Multi-jurisdictional collaborations for case closure (12) Obj. 15: Investigate suspected insurance fraud/false reports (12) Obi. 16: Collaborate with TxDOT and Nueces County (4) Observations/Suggestions/Questions 1. It was determined that the narrative provided was insufficient in describing the targeted objectives. Please provide additional narrative that will clarify the target activities including how this will impact the community and/or the expected results. d AGENDA MEMORANDUM oaPOwR ko Future Item for the City Council Meeting of August 12, 2014 2852 Action Item for the City Council Meeting of August 19, 2014 DATE: July 28, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(aD-cctexas.com 886-2603 Appropriating $22,565.42 from the Radio System Capital Replacement Reserve Fund to pay for new radio antennas and installation CAPTION: Ordinance appropriating $22,565.42 from the Radio System Capital Replacement Reserve Fund, amending the FY 13-14 budget, adopted by Ordinance No. 029915 to increase appropriations by $22,565.42 in the No. 1020 General Fund Police Department budget to pay for replacement and installation of Omni Directional Antennas at the One Shoreline Plaza radio transmitter site for the City, County, and RTA radio systems. PURPOSE: The capital replacement funds must be appropriated in order to be used to replace the antennas. BACKGROUND AND FINDINGS: The funds appropriated will be used to replace three Omni Directional Antennas on One Shoreline Plaza which are 25 years old. They were installed when the new 800 MHZ radio system was purchased. The radio system capital replacement fund was established by the interlocal agreement between the City and the RTA. It calls for "any sums received by the City/RTA for capital contributions by governmental entities participating in the radio system shall be held in an account by the City designated as the Radio System Capital Replacement Reserve. " Each governmental entity coming onto the system is required to pay a fee of$562.50 for each radio added. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $22,565.42 $22,565.42 BALANCE $22,565.42 $22,565.42 Fund(s): General Comments: RECOMMENDATION: Staff recommends supporting the ordinance. LIST OF SUPPORTING DOCUMENTS: Price estimates Ordinance appropriating $22,565.42 from the Radio System Capital Replacement Reserve Fund, amending the FY 13.14 budget, adopted by Ordinance No. 029915 to increase appropriations by$22,565.42 in the No. 1020 General Fund Police Department budget to pay for replacement Omni Directional Antennas at the One Shoreline Plaza radio transmitter sites for the City, County, and RTA radio systems. Be It Ordained by the City Council of the City Of Corpus Christi, Texas: SECTION 1. That $ 22,565.42 is appropriated from the Radio System Capital Replacement Reserve Fund, amending the FY 13-14 budget, adopted by Ordinance No. 029915 to increase appropriations by$ 22,565.42 in the No. 1020 General Fund Police Department budget to pay for replacement and installation of Omni Directional Antennas at the One Shoreline Plaza radio transmitter sites for the City, County, and RTA radio systems. 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 dayof , ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor c � p ) I1 VIII 1 VIII VIII ����� ����� ������ x' fi P. O. BOX 10690 9611 Brown Lane CORPUS CHRISTI, TX 78460 Austin, Texas, 78754 PH: 361-387-6342 Mobile 512-750-7853 FX: 361-387-2420 Fax 512-835-4752 Email: charlotteathmt(o-aol.com Krobertson(o-austin.rr.com July 16, 2014 City of Corpus Christi Attn: Mike White Ref: One Shoreline Plaza/Bogners Mike, HMT Const. Inc is pleased to provide the following quote; 1. Travel/Mobilization. 2. Remove existing (3) 20 ft. bogners. 3. Mount temporary mount for receive antenna. 4. Furnish and install 20 ft. 1/2"jumpers and install from antenna to main line. 5. Install (3) new bogner antennas (furnished by others) 6. Paint the (3) bogner antennas to match bldg. TOTAL $ 8,988.14 Note: Work to be performed on Saturday/Sunday only. Bogners to be lifted from parking garage to roof per trolley. Building mangagement to be given 1 week notice. Please call if you have any questions 361-387-6342. Thank You, Kevin E Robertson H.M.T. Const. Inc. 512-750-7853 r N N U O Co d ti ~ Q O N > U) fC ~ O O ++ O fn L M M M LU d 3 d O O EH M +O+ 7 Q O U Q to Q lVo N E N _ x d ti O O O 1 7 d N O d L U � Lq CD lC O N 7 too O O cc > �Z, z IN a ft 06 Q W le C) o L i cc p dpLq ao vo dd cc N_ o Lu O M M N O D O Q to Q ti LL N N co J � M r O N Cl ZI C OO H IIIIIII� Q O O V ^u 0 ZN ti 5M d O co 5 00 Q EC _ ++ > X d 0 U ai N Cc F- E O L . UE CL cc L_ � Vt r_ ♦^ 0 N L O V V/ __ d N CL v O J 0 0 o � � a W U) CL o _ _ i O m O +� _ d co Q� k t - VN � c � O fn 0 co N 7 0 - f� N C a � v W O Y 0 W I N N J = U N O C m d _ LU c a Od0 +� d � c HLLLaaU3' Q 0 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: August 12, 2014 Agenda Item: Ordinance appropriating $22,565.42 from the Radio System Capital Replacement Reserve Fund, amending the FY 13-14 budget, adopted by Ordinance No. 029915 to increase appropriations by $22,565.42 in the No. 1020 General Fund Police Department budget to pay for replacement and installation of Omni Directional Antennas at the One Shoreline Plaza radio transmitter sites for the City, County, and RTA radio systems. Amount Required: $22,565.42 Fund Name Account Fund No. Org. No. Project No. Amount No. Radio System Capital 251200 1020 00000 000000 $22,565.42 Replacement Fund Total $22,565.42 ❑ Certification Not Required Director of Financial Services Date: [Print on Green Paperj d AGENDA MEMORANDUM oaPOwR ko First Reading Ordinance for the City Council Meeting of August 12, 2014 2852 Second Reading Ordinance for the City Council Meeting of August 19, 2014 DATE: August 1, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds(o-)-cctexas.com 886-2605 Appropriating funds from the sale of scrap metal copper wire CAPTION: Ordinance appropriating $9,552.40 in General Fund No. 1020 from the sale of copper wire for the purchase of Police equipment; and changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenue and expenditures in the General Fund No. 1020 by $9,552.40 each. PURPOSE: Appropriate the funds for use by the Police Department for purchase of equipment. BACKGROUND AND FINDINGS: The Police Department worked in conjunction with Purchasing to sell the recovered scrap metal copper wire. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 9,552.40 97552.40 BALANCE 97552.40 97552.40 Fund(s): General Comments:. RECOMMENDATION: Staff recommends appropriation of the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Documentation of sale and deposit of funds Ordinance Appropriating $9,552.40 in General Fund loo. 1020 from the sale of copper wire for the purchase of Police equipment; and changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing revenue and expenditures in the General Fund No. 1020 by$9,552.40 each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, `HAT. SECTION 1. That$9,552.40 from the sale of copper wire is appropriated in the No. 1020 General Fund purchase of Police equipment. SECTION 2. The FY 2013-2014 operating budget adopted by Ordinance No. 029915 is amended"by increasing revenue and expenditures by$9,552.40 each. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 9 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal dark 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 Nelda Martinez City Secretary Mayor ti CMC 4614 Agnes St Phone: 361-884-4071 Corpus Christi,TX 78405 Far File Copy SETTLEMENT 146536 Vendor no.: 7021968-1 Date: 07/16/2014 City Of Corpus Christi Purchase Order: Gabriel Maldonado City Of Corpus Christi PO Box 9277 Gabriel Maldonado Corpus Christi,TX 78469 PO Box 9277 Corpus Christi,TX 78469 Page- I -—------------- ShIpDate Tk*zt Ref. Commodity Gffnm Tam Hot it USD Total Amount USD 0711512014 22286 BID-POUCE IM #1 INSULATED COPPER WIRE 6,680 0 6,680 1. 0/ 9,552.40 SO-75% ............ .............. Total weight: 6,680 Total Amount In USD 9,SS2.40 ............... .......... ............. INTER-OFFICE MEMORANDUM DATE: July 1 ,2014 TO: Johanna Ramirez FROM: Gabriel Maldonado SUBJECT: BI-0210-14 SALE OF COPPER Please deposit the following check number 384003742 in the amount of nine thousand five hundred fifty-two dollars and forty cents ($9,552.40) received from Commercial Metals Company to be applied to appropriate Revenue Account: Sale of scrap: ................................................ .................................................................... UNIT TOTAL I DESCRIPTION I P ICE P ICE , ... 1. Sale of scrap I Lot $9,552.40 $9,552.40 I-0210-1 Sale of scrap metal copper wire $9,552.40 Revenue Account o.: 344000-1020-11720 Sincerely,,// Gabriel Maldonado [. .....i Uf ,.l `, "'1 "ff IJ r�'iJ d �1 IiiiiG'vY.^ �Gtu Li,u 1, 66409 CITY OF CORPUS CHRISTI CASH RECEIPT PORT: Processed Dept u 9 �I,h PreparedlReviewed by;: ��„�n;� �K,..rr. bate. �o�'"�91,, �e"'°W, Exr. Bank Bag# * PAY ACCOUNT FUND ORG, PROJECT/ BUDGET, AMOUNT REMARKS CODE GRANT YEAR ........... 4 w u "o.� g .. � �V �fP Uth„ s £ � ��g � 1 IV fIY �1 i 4 � CASH VERIFICATION COUNT AMOUNT C $100s S S505 �.,o S �... �� S 20s S S'10s S S 5s ,. .... S S Is S COIN.... . ... ....... 50.50 S s0.25 .w� , �.,.: a � .... so:10 ...... s ....., so-05 $ $0.01 $ ... ...�.o CASH SUBTOTAL S CHECK TOTAL include to S SUBTOTAL $ ...'�.�. CREDIT CARD(include tape) S GRAND TOTAL S ,. If you have inserted a 2 °t Payment Code in the first column,leave the remaining` coi blank, If you have not inserted a Pa t Code in the first Open IC' 'Wlxi T�ip�w I'�ud��� I 1a �. 7d� 8111 10 Ilia vl`llYt . 9791348 columst,you must complete g columns. " m I.1ir MS�!w,1l'1 (I.e.,Account,Fund,Org.,Project/Grant,Budget Year, hwis iiW!'ller 168,987 „l 3441 1�1n�1011 a lhirllli0.11liO Amount,and Remarks. I16rotl1!5 IILG4i„rl1° K iDEV 351ol33741i" 195521.18 WHITFIYELLOW CENTRALCASHIERM PINK DEPARTMENT("OPY GREEN PERMANENT FILE COPY Revised 11101(98 CmC 381 CORPUS CHRISTI CHECK NO: 384003742 4614 Agnes St CHECK DATE: 07/16/14 Corpus Christi, TX 78405 Vendor No. : 7021968 Name: City Of Corpus Christi -------------------------------------------------------------------------------- Invoice-No. Date Description Discount Total -------------------------------------------------------------------------------- 146536 07/16/2014 0.00 9,552.40 ......................... .................... ------------------------------ 0400 9,552640 --------------------------------------------------------------------------------------- PLEASE DETACH AND RETAIN THIS STATEMENT AS YOUR RECORD OF PAYMENT Thank you FORM NO ICMCRECY (02nZ CHC 351 CORPUS CHRISTI 4614 Agnes St Bank of Awrira, NA DATE 07/16/14 384003742 Dxlxm Christi, TX 78W5 Atlanta, GA 64-1278/611 rA PAY *ft NINE THWSAND FIVE MWED FIFTY-TWO Dollars and FORTY Cents**k $ ******9,552.40- PAY TO THE ORDER OF City of Corpus Christi Gabriel Maldonado PO Box 9277 7 Corpus Christi, TX 78469 AUnMIZED SIGNAW, 11@3840037 421111 1.00r. LL12 ?B81w. 335 932 ?L# 52118 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 19, 2014 Second Reading for the City Council Meeting of August 26, 2014 DATE: July 16, 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 Resort Commercial District (Barrier Island Business) with an Island Overlay to Townhouse District with an Island Overlay and Planned Unit Development Overlay for Townhouses For Compass Revenge, Inc. Property Addresses: 14702, 14714, 14726, 14734 Compass Street CAPTION: Case No. 0714-02 Compass Revenge, Inc.- A change of zoning from the "CR-2/10" Resort Commercial District (Barrier Island Business) with an Island Overlay to the "RS- TH/10/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan. The property is described as Lots 23, 24, 25 and 26, Block 42, Padre Island — Corpus Christi Island Fairway Estates, located along the east side of Compass Street, approximately 520 feet south of Commodores Drive. PURPOSE: The purpose of this item is to allow the construction of an 18-unit townhouse development that deviates from the typical townhouse development standards. RECOMMENDATION: Planning Commission and Staff Recommendation (July 16, 2014): Approval of the change of zoning from "CR-2/10" Resort Commercial District (Barrier Island Business) with an Island Overlay to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay, subject to the following 10 conditions- 1.) Master Site Plan- The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 18 townhouse units and common area amenities and shall be constructed in one phase and shall be allowed daily and weekly rentals of said units. 2.) Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 19.78 dwelling units per acre. 3.) Building Height: The maximum height of any structure on the Property is 30 feet. 4.) Parking: The property must have a minimum of 36 standard parking spaces (9 feet wide by 18 feet long) and three additional guest parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5.) Setbacks and Lot Width: Minimum setback along Compass Street shall be 10 feet. Minimum 10-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum building separation between unattached townhouse units shall be 10 feet. Minimum width for townhouse lots shall be 21.90 feet. 6.) Open Space: The Property must maintain 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: The property shall provide a one-way private street with a width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: A minimum five-foot wide sidewalk shall be constructed along one side of the private street. 9.) Dumpster Screening: A 6-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.)Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning from the "CR-2/10" Resort Commercial (Barrier Island) District with an Island Overlay to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and a Planned Unit Development Overlay for an 18-unit townhouse development. Planned Unit Developments (PUDs) allow for reasonable deviations from required development standards and allow increased flexibility in project design. The proposed PUD for a townhouse development will deviate from development standards with regards to lot size, lot width, open space, street width, curb type and sidewalk design. The proposed PUD is consistent with the Comprehensive Plan, is compatible with the surrounding developments, and would not have a negative impact on surrounding properties. The subject property is also suited for the proposed project. The PUD on this property would allow for individually owned, daily rental townhomes and resides within an area that allows for vinyl siding. Staff finds that these departures from the code requirements are reasonable. A PUD commits the developer to a site plan that cannot be changed significantly without a public hearing. A PUD allows for reasonable variations of the standard zoning requirements. The proposed PUD utilizes decreased lot sizes, lot widths, and open space requirements. ALTERNATIVES: 1. Modify the conditions of the Planned Unit Development; 2. Approve an intermediate zoning district; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits Ordinance amending the Unified Development Code ("UDC") upon application by Compass Revenge, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lots 23, 24, 25, and 26, Block 42, Padre Island - Corpus Christi, Island Fairway Estates from the "CR- 2/10" Resort Commercial District (Barrier Island Business) with an Island Overlay to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and a Planned Unit Development Overlay; 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 Compass Revenge, 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, July 16, 2014, during a meeting of the Planning Commission, and on Tuesday, August 19, 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 Compass Revenge, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning to Lots 23, 24, 25 and 26, Block 42, Padre Island — Corpus Christi, Island Fairway Estates, located along the east side of Compass Street, approximately 520 feet south of Commodores Drive, from the "CR-2/10" Resort Commercial District (Barrier Island Business) with an Island Overlay to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and a Planned Unit Development Overlay (Zoning Map No. 029026 and Map No. 029027), as shown in Exhibits "A" and "B". Exhibit A, which is a location map pertaining to the Property, Exhibit B, which is the master site plan ("Master Site Plan"), and Exhibit C, which is the subdivision plat ("Plat") are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following eleven conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B and the Plat as shown in Exhibit C. The development of the Property is to consist of 18 townhouse units and common area amenities and shall be constructed in one phase and shall be allowed daily and weekly rentals of said units. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 19.78 dwelling units per acre. 3. Building Height: The maximum height of structures within the Property is 30 feet. 4. Parking: The property must have a minimum of 39 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback shall be 10 feet along Compass Street. Minimum 10-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum building separation between unattached townhouse units shall be 10 feet. Minimum width for townhouse lots shall be 21.90 feet. 6. Open Space: The Property must maintain 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The Property shall provide a private street with a width of not less than 24 feet as measured from back-of-curb to back-of curb. The private street shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the private street and as shown on the Master Site Plan. 9. Dumpster Screening: A seven-foot tall masonry screening wall shall be constructed, maintained, and remain in place around a dumpster located adjacent to a single-family zoned property. 10.Time Limit: Construction of the development shall commence within 24 months from the date the Planned Unit Development ordinance is approved by the City Council. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. 0714-02 Ordinance, Compass Revenge, Inc. Page 2 of 3 SECTION 6. 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 7. 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 Nelda Martinez City Secretary Mayor 0714-02 Ordinance, Compass Revenge, Inc. Page 3 of 3 60MM0D0RES DR HWY 361 to �n C R 2 10 C R 2 z U) UA SUBJECT PROPERTY M A T LM ,n Date Cmated.611712014 0 400 00 Prepared By:Jerornyi# "Feet DVartmoni of Development Services CASE: 0714-02 SUBJECT PROPERTY WITH ZONING 12 Subjed Property SUBJECT RMA Multifamily I IL Light Industrial PROPERTY 147 RM-2 Multiforrilly,2 IH Heavy Industrial RM.3 Mu Itilo m I ly,3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Farrilly 6 CNA Neighborhood Commercial RS-4.6 SIngle-Farrilly 4.5 CN-2 Neighborhood Commercial RS.TF 'TWO-Fomily CRA Resort Commercial RS-15 Single-Family 15 CR.2 RosortCommerclal RE Residential Estate CG-1 General Commercial RS.TH Townhouse CG•2 General Commercial SID Special Permit Cl Intensive Commercial RV Recreational Vehicle Park N COD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial E FR Farm Rural City of H Historic Overlay S Corpus 8P Business Park L 0 CA fll:0:N::_AWAP1 Christi EXHIBIT A Planned Unit Development for: Padre r r t Island, Corpus Christi, Texas John DePond Submitted By: Naismith Engineering, Inc. South Texas Prime i , 4501 Gollihar Road 15217 S. Padre Island Drive Suite 201 Corpus Christi, TX 78411 Corpus Christi, TX 78418 TBPE F-355 Engineer: Craig B. Thompson, P.E. Designer: Ton Hall Na ism ith E ng i neeri ng,Inc ARCHITECrUREN ENGINEERING 0 ENVIRONMENTALE SURVEYING 4501 Gollihar Road.Corpus Christi,TX 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com EXHIBIT B- MASTER SITE PLAN table of contents location map 2 general info 3 adjacent zoning 3 property description 4 deviations table 5 development guidelines 5 lot layout 6 open space layout 7 vehicular / pedestrian access 8 preliminary plat I compass revenge 9 10, location map r i i b r rery '9� ✓:ur:k �'C.� e d' � itl rn� ' eio v q I N ', i� �: .` IW // d �� fie'` // � / u4YX /�Iw ✓4Y Ik N M i F s, �y r naismith engineering, inc. ■ planned unit d eYnp�n�tr mMmssuAi ev IIIIIIII IIIIIIIIIIIIIIIIIIIIIII iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii EXHIBIT B- MASTER SITE PLAN general info adjacent zoning The Planned Unit Development (PUD) for Compass Padre Island has multiple existing zoning designations. Revenge consists of a Re-Plat of Lots 23-26, of Block However, the properties directly adjacent to Compass 42, Padre Island-Corpus Christi, Island Fairway Estates, Revenge PUD are all zoned as CR-2/I0. between Commodores Dr. and Park Road 22 on Padre Island. This development will be non-gated with attached single-family units. Eightteen units in Compass Revenge will be Single Family Residential Units, 1 Common Area lot&2 Private Access & Utility Easement lots. The property sits on 0.91 acres of vacant land and is currently zoned CR-2/I0. The Future Land Use plan designates this area as Tourist'as well. A PUD on this property allows for the development of J' individually owned, daily rental townhomes to service the growing tourist needs on Padre Island. These units, which would not otherwise be buildable under existing City requirements, will help satisfy the Future Land Use plan designation of Tourist'on Padre Island. J ;AC � y BEM 3 �z J r _. 2 9 W �..� �� . e _ ,'Iy °.i 1 '411 :s 7,11 3 T`E'A CIT a naismith engineering, inc. ■ planned unit deYnp�n�titfff),eompauAirev uuuui uuuuuuuuuuuui iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii EXHIBIT B- MASTER SITE PLAN property description Compass Revenge is a 0.91 acre tract of land on Compass This Planned Devlopments fit with the existing Street between Commodores and Park Road 22. Existing characteristics of the surrounding properties and will fit zoning on the property is CR-2/IO with a similar future with the culture of Padre Island. land use designation of Tourist'. 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From: "CR-2/10" Resort Commercial District (Barrier Island Business) with an Island Overlay Cr To: "RS-TH/10/PUD" Townhouse District with an Island Overlay and Planned Unit Development Overlay Area: 0.91 acres .E Purpose of Request: To allow the construction of an 18-unit townhouse io development that deviates from the typical townhouse development standards. Existing Zoning District Existing Land Future Land Use Use ""CR-2/10" Resort Site Commercial (Barrier Vacant Tourist Island) District with an Island Overlay CR-2/10" Resort Commercial (Barrier 00 North Office Uses Tourist C a� Island) District with an c Island Overlay N "CR-2/10" Resort J Commercial (Barrier y South Vacant Tourist Island) District with an Island Overlay w "CR-2/10" Resort East Commercial (Barrier Office & Tourist Island) District with an Restaurant Uses Island Overlay West "CR-2" Resort Commercial Outdoor Commercial (Barrier Island) District Recreation Area Development Plan: The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and is CL c planned for tourist uses. The proposed rezoning to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and Planned Unit Development a o Overlay is consistent with the adopted Future Land Use Plan. Q Map No.: 029026 & 029027 Zoning Violations: None Zoning Report Case#0714-02 John Depond Page 2 c Transportation and Circulation: The subject property is approximately CL.o 520 feet south of Commodores Drive, which is a "Cl" Minor Residential a Collector street, and has approximately 300 feet of frontage along Compass Street, which is a local residential street. Urban Proposed Existing Traffic p Street Transportation Plan Section Section Volume d Type L Compass 60' ROW 60' ROW Not Cn Street Local Residential 36' paved 36' paved Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CR-2/10" Resort Commercial (Barrier Island) District with an Island Overlay to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and a Planned Unit Development Overlay for the construction of an 18-unit townhouse development. Using a PUD would commit the developer to a site plan that could not be changed significantly without public hearing. Development Plan: The proposed Planned Unit Development (PUD) will consist of 18 single-family townhouse units on a 0.91-acre site resulting in a density of 19.78 dwelling units per acre. The lots will have a minimum area of 1,280 square feet and a minimum width of 21.90 feet. Each lot will have direct access to a private two-way street with a minimum width of 24 feet and a five-foot wide sidewalk along one side. The development will contain 39 parking spaces for residents and guests. Each unit will be provided two parking spaces and three parking spaces will be provided for guests. The development will maintain 30% open space. The development will provide common open space with amenities such as a swimming pool. The PUD on this property would allow for individually owned, daily rental townhomes and resides within an area that allows for vinyl siding. The following table is a comparison of the proposed PUD development standards and the Unified Development Code (UDC) standards for the "RS-TH" Townhouse District. The table states all necessary deviations from the UDC. Minimum Dimensions "RS-TH"District Standards Proposed PUD Deviation Site Area 20,000 SF 39,435 SF No Lot Area 2,600 SF 1,280 SF Yes Dwelling Unit Width 26 ft. 21 ft. Yes Front Yard 10 ft. 10 ft. No Side Yard 0 ft. 0 ft. No Rear Yard 5 ft. 5 ft. No Building Separation 10 ft. 10 ft. No Open Space 30% 30% No Maximum Height 45 ft. 30 ft. No Paved Street Width 28 ft. 24 ft. Yes Curb Type 6-in. curb & gutter 1-ft. ribbon curb Yes Parking Requirement 2.2/lot 2/lot (39 total) Yes Zoning Report Case#0714-02 John Depond Page 3 Sidewalks 5 ft. on both sides or 6 ft. on 5 ft. on one side of Yes one side of private street private street Existing Land Uses & Zoning: The subject property contains undeveloped platted lots zoned "CR-2/10" Resort Commercial (Barrier Island) District with an Island Overlay. North of the subject property is occupied land zoned "CR-2/10" Resort Commercial (Barrier Island) District with an Island Overlay. South of the subject property is vacant and "CR-2" Resort Commercial (Barrier Island) District with an Island Overlay. East of the subject property is occupied land zoned "CR-2/10" Resort Commercial (Barrier Island) District with an Island Overlay. West of the subject property is occupied land zoned "CR-1/10" Resort Commercial District with an Island Overlay. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Mustang-Padre Island ADP and is consistent with the adopted Future Land Use Plan, which slates the property for a tourist use. The proposed rezoning is also consistent with the following polices of the Comprehensive Plan: • Planned Unit Development and other creative land planning techniques should be encouraged (Residential Policy Statement K). • Tourist-oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). • The City will continue to protect residential neighborhoods from encroachment of non-residential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated (Policy Statement B.13). Plat Status: The subject property is currently platted and will be replatted in accordance with the Master Site Plan. Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes, lot widths, sidewalk width, and street width, while maintaining the required site area, building height, open space and building separation. • The subject property consists of four platted lots with infrastructure already in place. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. Zoning Report Case#0714-02 John Depond Page 4 Staff Recommendation: Approval of the change of zoning from the "CR-2/10" Resort Commercial (Barrier Island) District with an Island Overlay to the "RS-TH/10/PUD" Townhouse District with an Island Overlay and a Planned Unit Development Overlay, subject to the following ten conditions- 1. Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 18 townhouse units and common area amenities and shall be constructed in one phase and shall be allowed daily and weekly rentals of said units. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 19.78 dwelling units per acre. 3. Building Height: The maximum height of any structure on the Property is 30 feet. 4. Parking: The property must have a minimum of 36 standard parking spaces (9 feet wide by 18 feet long) and three additional guest parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback along Compass Street shall be 10 feet. Minimum 10-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum building separation between unattached townhouse units shall be 10 feet. Minimum width for townhouse lots shall be 21.90 feet. 6. Open Space: The Property must maintain 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The property shall provide a one-way private street with a width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum five-foot wide sidewalk shall be constructed along one side of the private street. 9. Dumpster Screening: A 6-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Zoning Report Case#0714-02 John Depond Page 5 Number of Notices Mailed — 17 within 200' notification area; 7 outside notification area As of July 9, 2014: Z In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 1 (inside notification area); 0 (outside notification area) a For 4.16% in opposition. Exhibits: A. Location Map (With Existing Zoning & Notice Area) B. Master Site Plan -—------------ I m COMMODORES DR HWY°361 N N N H •y H ti m ti M Q m ti ti N N 27 CR- 2 N 10 C N N c CR- 2 z N q W SUBJECT q a a PROPERTY ''vwI H vI N a ti Cd N N O U N H b H RM-AT N Date Created:611712014 0 400 00 Prepared By:JeremyM Feet Department of Development Services CASE: 0714-02 SUBJECT PROPERTY WITH ZONING Subject Property SUBJECT RM-1 Multifamily 1 IL Light Industrial PROPERTY g RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 0 CN-2 Neighborhood Commercial RS-TF Two-Family } CR-1 Resort Commercial RS-15 Single-Family 15 �m CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse WHITECAP (� CG-2 General Commercial SP Special Permit CI Intensive Commercial RV Recreational Vehicle Park N CBD Downtown Commercial G p RMH Manufactured Home W' E � CR-3 Resort Commercial FR Farm Rural City Of H Historic Overlay S CO US BP Business Park LOCATION MAP Christi EXHIBIT A „awY�^Nrir, i ' i r r ; Y JA Off f m j X LU In7yY/% ✓ � �I uCdu"� 1 / uuuuu uu�m IIIIII' Illllllllllllllllllllllillll I II o 11 j�� yA ws r f r AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 19, 2014 Second Reading for the City Council Meeting of August 26, 2014 DATE: July 16, 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 Multifamily 3 District to Townhouse District with a Planned Unit Development for Townhouses For Brite Star Remodeling, LLC. Property Addresses: 14106 and 14118 Ambrosia Street CAPTION: Case No. 0714-03 Brite Star Remodeling, LLC: A change of zoning from the "RM-3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan. The property is described as Lots 2B, 3B, 4B and 5B, Block 1, Padre Island-Corpus Christi No. 1, located along the west side of Ambrosia Street, southwest of South Padre Island Drive (PR 22) and north of Marina Drive. PURPOSE: To allow the construction of a 10-unit townhouse development that deviates from the typical townhouse development standards. RECOMMENDATION: Planning Commission and Staff Recommendation (July 16, 2014): Approval of the change of zoning from the "RM-3" Multifamily 3 District to the "RS- TH/PUD" Townhouse District with a Planned Unit Development Overlay, subject to the following 9 conditions- 1.) Master Site Plan- The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 10 townhouse units and shall be constructed in one phase. The PUD on this property would allow for individually owned, daily rental townhomes. 2.) Dwelling Units per Acre- The density of dwelling units on the Property shall not exceed 13.88 dwelling units per acre. 3.) Building Height: The maximum height of structures within the Property is 30 feet. 4.) Parking: The property must have a minimum of 24 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5.) Setbacks and Lot Width: Minimum setback shall be 10 feet along Ambrosia Street. Minimum 10-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum building separation between unattached townhouse units shall be 10 feet. Minimum width for townhouse lots shall be 26.04 feet. 6.) Open Space: The Property must maintain 36% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: The Property shall provide a private street with a width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the private street as shown on the Master Site Plan. 9.) Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "RM-3" Multifamily 3 District to the "RS-TH" Townhouse District with a Planned Unit Development Overlay for a 10-unit townhouse development. Planned Unit Developments (PUDs) allow for reasonable deviations from required development standards and allow increased flexibility in project design. The proposed PUD for a townhouse development will deviate from development standards with regards to lot size, lot width, open space, street width, curb type and sidewalk design. The proposed PUD is consistent with the Comprehensive Plan, is compatible with the surrounding developments, and would not have a negative impact on surrounding properties. The subject property is also suited for the proposed project. The PUD on this property would allow for individually owned, daily rental townhomes. The property is not within the "No Vinyl" area. Staff finds that these departures from the code requirements are reasonable. A PUD commits the developer to a site plan that cannot be changed significantly without a public hearing. A PUD allows for reasonable variations of the standard zoning requirements. The proposed PUD utilizes decreased lot sizes, lot widths, and open space requirements. ALTERNATIVES: 1. Modify the conditions of the Planned Unit Development; 2. Approve an intermediate zoning district; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits Ordinance amending the Unified Development Code ("UDC") upon application by Brite Star Remodeling, LLC. ("Owner"), by changing the UDC Zoning Map in reference to Lots 213, 313, 4B and 513, Block 1, Padre Island-Corpus Christi, No. 1, from the "RM-3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay; 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 Brite Star Remodeling, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 16, 2014, during a meeting of the Planning Commission, and on Tuesday, August 19, 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 Brite Star Remodeling, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning to Lots 2B, 3137 4B and 5B, Block 1, Padre Island- Corpus Christi, No. 1, located along the west side of Ambrosia Street, southwest of South Padre Island Drive (SH 358) and north of Marina Drive, from the "RM-3" Multifamily 3 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay (Zoning Map No. 029027 and Map No. 029028), as shown in Exhibit "A", Exhibit "B", and Exhibit "C". Exhibit A, which is a location map pertaining to the Property, Exhibit B, which is a master site plan ("Master Site Plan"), and Exhibit C, which is the subdivision plat ("Plat"), are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following nine conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B and the Plat as shown in Exhibit C. The development of the Property is to consist of 10 townhouse units and shall be constructed in one phase. The PUD on this property would allow for individually owned, daily rental townhomes. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 13.88 dwelling units per acre. 3. Building Height: The maximum height of structures within the Property is 30 feet. 4. Parking: The property must have a minimum of 24 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback shall be 10 feet along Ambrosia Street. Minimum 10-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum building separation between unattached townhouse units shall be 10 feet. Minimum width for townhouse lots shall be 26.04 feet. 6. Open Space: The Property must maintain 36% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The Property shall provide a private street with a width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the private street as shown on the Master Site Plan. 9. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. 0714-03 Ordinance, Brite Star Remodeling, LLC. 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 Nelda Martinez City Secretary Mayor 0714-03 Ordinance, Brite Star Remodeling, LLC. Page 3 of 3 N " FR" O N /0 CR-.2 N Q� CR- 2 ~ 10 Q I 0 js�9 � M ti " O N � Q � 61 egos Q N rq'sr RCS - TF SUBJECT PROAER'TY N Q N ,y N C,R- 2 N m I'0 N M " a M 81 N " m 7 O N N h N h b m O FR " /0 `- m VV N RS - 6 8 N M 92 N O M � O " 64 RM- 3 Q Q H ~ m H CI b m W W ti �` ti O ti Q ti Q CI 1p Q CR- 2 m /0 N � H ti ,4 Q 7 H Q m ti O '1 Q � •, m C R- 2 Date Created:61132014 0 ° 400 8 0 N Prepared By:jeremym Feet I Department of Development Services CASE: 0714-03 SUBJECT PROPERTY WITH ZONINGm �K Subject Property RM-1 Multifamily 1 IL Light Industrial °"'"mm RM-2 Multifamily 2 IH Heavy Industrial ���� SUBJECT RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay �ii muu um PROPERTY ON Professional Office RS-10 Single-Family 10 �P RM-AT Multifamily AT RS-6 Single-Family 6 P `' CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 gm CN-2 Neighborhood Commercial RS-TF Two-Family m CR-1 Resort Commercial a� RS-15 Single-Family 15 � CR-2 Resort Commercial RE Residential Estate v CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit CI Intensive Commercial RV Recreational Vehicle Park N CBD Downtown Commercial G p RMH Manufactured Home W' E � CR-3 Resort Commercial FR Farm Rural WHITECAP City of H Historic Overlay S CO US BP Business Park LOCATION MAP Christi Exhibit A Planned Unit Development for: A 36N ' " ADA I Padre mi um mi Island, Corpus Christi, Texas Alex Harris Submitted By: Naismith Engineering, Inc. South Texas Prime i , 4501 Gollihar Road 15217 S. Padre Island Drive Suite 201 Corpus Christi, TX 78411 Corpus Christi, TX 78418 TBPE F-355 Engineer: Craig B. Thompson, P.E. Designer: Ton Hall Na ism ith E ng i neeri ng,Inc ARCHITECrUREM ENGINEERING 0 ENVIRONMENTALM SURVEYING Exhibit B Page 1 of 10 4501 Gollihar Road.Corpus Christi,TX 78411 ■ 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineering.com table of contents location map 2 general info 3 adjacent zoning 3 property description 4 deviations table 5 development guidelines 5 lot layout 6 open space layout 7 vehicular / pedestrian access 8 preliminary plat anegada village 9 site plan 10 10" location map � w i ! Mil/ �,9 N�4 i?� y✓, ��A���� Q.m d w t. �7 I I I Nj �I I I � III " d r i naismith engineering, inc. ■ planned unit d eYnp�ftirfon ga h� uuuuuuuuuuuuuuuuuuuuuui o00000000000000000i i general info adjacent zoning The Planned Unit Development (PUD) for Anegada Village Padre Island has multiple existing zoning designations. consists of a Re-Plat of Lots 2B-5B, of Block 1, Padre However, the properties directly adjacent to Anegada Island No. 1 on Ambrosia Street on Padre Island. This Village PUD are zoned CR-2/I0, RS-6, RM-3 & RM-3. development will be non-gated with attached single-family units. Ten units in Anegada Village will be Single Family Residential Units, 1 Common Area lot& 1 Private Access & Utility Easement lot. The property sits on 0.72 acres of vacant land and is currently zoned RM-3. The Future Land Use plan designates this area as'Low Density Residential A PUD on this property allows for the development of ° individually owned, daily rental townhomes to service the growing needs on Padre Island. These units, which would not otherwise be buildable under existing City requirements, will provide additional attractions on Padre Island. RS a .,MRA tW FR c. I .5, 9�1 R7."9f 1 8 aS,1"-.RSTF rYT q �. ER Z PADAF 1,91—,01D All Rs_6� V, CR-2 -"` lI _ t1EFiQ1EM ILA[[ a o< RM 3 0 n c �43p `. _ �a ❑ naismith engineering, inc. ■ planned unit deYnp(Mefftirfmrgla h� o0000000000000000011 �e property description Anegada Village is a 0.72 acre tract of land on Ambrosia This Planned Developments fit with the existing Street. Existing zoning on the property is RM-3 with a characteristics of the surrounding properties and will fit future land use designation of'Low Density Residential'. with the culture of Padre Island. 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G!�u� p UUOx ¢ w W W z FC9m I— p�o0>Qxornu ux z m~—�O� ■� F tj Z`�'2zp h0 C9 G!Ow¢�m�FFZFp Z¢ zm wz O�x� z w �•� ¢ ¢p�-z(.95 o- ��O>LL ZZQ0000 QO Q w�a Z Q� �jawa o __Nrc aF ZOomWQzmo ow ¢2ro6 OWFJ - -¢ _O¢¢zw¢��a w Z �Q� popvow W 1Ji m F D F z m W O F ¢V Y Y U Y U U O F¢Z Y U w Z Z w o W ti Ow Owro O000� �Z J>Qx 9UDWO00OUOO�Qw~0=�= Viaaa Z �UOac�wwOa w aUZ��>?>mm¢m¢¢a��3x�oU w� O w00z ww c ' S 0& 4 Q O��P CO 00`� p°r 0 V, l� J Q, 0& Q 01 x ,fig ,fig QO s 1 SF v0 "0 �O��� /Gti c�� pQ� n� W oaye � �s Go���� � e SF e / IN eOy°e� / 1 / G a / � r oo ?� 9 U�ff� Cg vO�ti�� A � -71 0� z doo O�d� vas e <) b �� LIZ Z ', w, cry w far�r� AO 2AW Waja W1104 0444% -Nvo ;. do omvnov mmummom l l l LIZ Z ', w,v Ilk I � / Y I 'i kr •Cam' X �� � r. i I a � x<a �� PLANNING COMMISSION FINAL REPORT Case No.: 0714-03 HTE No. 14-10000029 Planning Commission Hearing Date: July 16, 2014 r_ Applicant/Owner: Brite Star Remodeling, LLC. o Representative: Craig Kerr a Legal Description/Location: Lots 2B, 3B, 4B and 5B, Block 1, Padre Island- 'Q y Corpus Christi No. 1 , located along the west side of Ambrosia Street, CL o southwest of South Padre Island Drive (PR 22) and north of Marina Drive. y From: "RM-3" Multifamily 3 District To: "RS-TH/PUD" Townhouse District with a Planned Unit Development Cr Overlay Area: 0.72 acres Purpose of Request: To allow the construction of a 10-unit townhouse .o development that deviates from the typical townhouse development N standards. Existing Land y Existing Zoning District Use Future Land Use Site "RM-3" Multifamily 3 District Vacant Low Density Residential 06 North "CR-2/10" Resort Commercial Vacant Tourist District 2 with Island Overlay ' "RS-6" Single Family 6 Medium Density Low Density o South District Residential Residential N Low Density East "RM-3" Multifamily 3 District Vacant Residential y Low Density w West "RM-3" Multifamily 3 District Vacant Residential Area Development Plan: The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and is CL c planned for low density residential uses. The proposed rezoning to the "RS- ' TH/PUD" Townhouse District with a Planned Unit Development Overlay is a o consistent with the adopted Future Land Use Plan. Q Map No.: 029027 & 029028 Zoning Violations: None oa 0 Transportation and Circulation: The subject property has approximately = 197 feet of frontage on Ambrosia Street, which is local residential street. L Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type L Minor Residential 50' ROW 50' ROW Not Ambrosia Street Collector 24' paved 24' paved Available Zoning Report Case#0714-03 Brite Star Remodeling, LLC Page 2 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM-3" Multifamily 3 District to "RS-TH/PUD" Townhouse District with a Planned Unit Development Overlay for 10 townhouse development units. Using a PUD would commit the developer to a site plan that could not be changed significantly without public hearing. Development Plan: The proposed Planned Unit Development (PUD) will consist of 10 single-family townhouse units on a 0.72-acre lot resulting in a density of 13.88 dwelling units per acre. The lots will have a minimum area of 980 square feet and a minimum width of 26.04 feet. Each lot will have direct access to a private two-way street with a minimum width of 24 feet and a five-foot wide sidewalk along one side. The development will contain 24 parking spaces for residents and guests. Each unit will be provided two parking spaces and 4 parking spaces will be provided for guests. The development will maintain 36% open space. The development will provide for common open space with amenities such as a swimming pool. The PUD on this property would allow for individually owned, daily rental townhomes. The property is not within the "No vinyl" area. The following table is a comparison of the proposed development standards of the PUD and the Unified Development Code (UDC) standards for the "RS-TH" Townhouse District. The table shows all necessary deviations from the UDC. Minimum Dimensions "RS-TH"District Standards Proposed PUD Deviation Site Area 20,000 SF 31,291 SF No Lot Area 2,272 SF 1,380 SF Yes Dwelling Unit Width 26 ft. 12.50 ft. Yes Front Yard 10 ft. 10 ft. No Side Yard 0 ft. 0 ft. No Rear yard 5 ft. 5 ft. No Building Separation 10 ft. 10 ft. No Open Space 30% 36% Yes Maximum Height 45 ft. 30 ft. No Paved Street Width 28 ft. 24 ft. Yes Curb Type 6-in. curb & gutter 1-ft. ribbon curb Yes Parking Requirement 2.2/lot 2.0/lot (24 total) No Sidewalks 5 ft. on both sides or 6 ft. on 5 ft. on one side of Yes one side of street street Existing Land Uses & Zoning: The subject property contains undeveloped platted lots zoned "RM-3" Multifamily 3 District. North of the subject property is "CR-2/10" Resort Commercial District 2 Barrier Island Business with Island Overlay. South of the subject property is vacant land zoned "RS-6" Single Family 6 District. Southeast of the subject property is vacant land zoned "RM-3" Multifamily 3 District. Southwest of the subject property is vacant, zoned "RM-3" Multifamily 3 District. Planning Commission Final Report Case#0714-03 Brite Star Remodeling, LLC Page 3 AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Mustang-Padre Island ADP and is consistent with the adopted Future Land Use Plan, which slates the property for a tourist use. The proposed rezoning is also consistent with the following polices of the Comprehensive Plan: • Planned Unit Development and other creative land planning techniques should be encouraged (Residential K, Policy Statement). • Tourist-oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). • The City will continue to protect residential neighborhoods from encroachment of non-residential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated (Policy Statement B.13) Plat Status: The subject property is currently platted and will be replatted in accordance with the Master Site Plan. Department Comments: • This rezoning is consistent with the Comprehensive Plan. • This rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes, lot widths, open space requirements, sidewalk width and street width, while maintaining the required site area, building height, and building separation. • The subject property consists of four platted lots with infrastructure already in place. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. Plannina Commission and Staff Recommendation: Approval of the change of zoning from the"RM-3" Multifamily 3 District to "RS-TH/PUD" Townhouse District and a Planned Unit Development Overlay, subject to the following 9 conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 10 townhouse units and shall be constructed in one phase. The PUD on this property would allow for individually owned, daily rental townhomes. Zoning Report Case#0714-03 Brite Star Remodeling, LLC Page 4 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 13.88 dwelling units per acre. 3. Building Height: The maximum height of structures within the Property is 30 feet. 4. Parking: The property must have a minimum of 24 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5. Setbacks and Lot Width: Minimum setback shall be 10 feet along Ambrosia Street. Minimum 10-foot wide front yard setbacks shall be provided for each lot along the private street. Minimum rear yard setbacks for all lots shall be five feet. Minimum building separation between unattached townhouse units shall be 10 feet. Minimum width for townhouse lots shall be 26.04 feet. 6. Open Space: The Property must maintain 36% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: The Property shall provide a private street with a width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the private street as shown on the Master Site Plan. 9. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. a Number of Notices Mailed: 15 within 200' notification area; 0 10 outside notification area As of July 9, 2014: Z In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 4 (inside notification area); 0 (outside notification area) 0 a For 16.00% in opposition. Exhibits: A. Location Map (With Zoning & Notice Area) B. Master Site Plan K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0714-03 Anegada Village PUD\PC Documents\Report for PC_Brite Star Remodeling, LLC 0714-03.docx N " FR" O N /0 CR-.2 N Q� CR- 2 ~ 10 Q I 0 js�9 � M ti " O N � Q � 61 egos Q N rq'sr RCS - TF SUBJECT PROAER'TY N Q N ,y N C,R- 2 N m I'0 N M " a M 81 N " m 7 O N N h N h b m O FR " /0 `- m VV N RS - 6 8 N M 92 N O M � O " 64 RM- 3 Q Q H ~ m H CI b m W W ti �` ti O ti Q ti Q CI 1p Q CR- 2 m /0 N � H ti ,4 Q 7 H Q m ti O '1 Q � •, m C R- 2 Date Created:61132014 0 ° 400 8 0 N Prepared By:jeremym Feet I Department of Development Services CASE: 0714-03 SUBJECT PROPERTY WITH ZONINGm �K Subject Property RM-1 Multifamily 1 IL Light Industrial °"'"mm RM-2 Multifamily 2 IH Heavy Industrial ���� SUBJECT RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay �ii muu um PROPERTY ON Professional Office RS-10 Single-Family 10 �P RM-AT Multifamily AT RS-6 Single-Family 6 P `' CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 gm CN-2 Neighborhood Commercial RS-TF Two-Family m CR-1 Resort Commercial a� RS-15 Single-Family 15 � CR-2 Resort Commercial RE Residential Estate v CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit CI Intensive Commercial RV Recreational Vehicle Park N CBD Downtown Commercial G p RMH Manufactured Home W' E � CR-3 Resort Commercial FR Farm Rural WHITECAP City of H Historic Overlay S CO US BP Business Park LOCATION MAP Christi Exhibit A Sb'X3U'AlNnOO S3ICG USIdIHO Sndd100 A d'NOSdNOH1�901Ha0 «9i�i H�a N3- �956i°Ha's° p f 11%d E e�asi�sOM ZEE �Npal9 a0'INJO-1d Ni115N0� 9NIA3�,05 N1tl1N3WNOMIAN3®9NIL33N19N3'..m331IN3Ntl"m Ntlld 311S U M31A3a WIa31N1 a0i DUVOU BOUIBu3yM LusieN �N E Fe m a a a m m G o w 9 m o o w d w 8 d o a m Z C � z O U � W a CO F- LU � z �} a In w 0 om W w 1 U �P& <' NNE H SPI 'a. 5C 0 --- 4r m �O�0 �O�''�Q ,oti -nro pe`rP �N� ,�, ®'� LX O ssi $s / ' oe Nel yr 0 r obbS�0d' NOI1dlaOS30 addd 310 01 NOI1dlaOS30 addd 31d0 01 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of August 19, 2014 Second Reading Ordinance for the City Council Meeting of August 26, 2014 DATE: July 31, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services BarneyW @cctexas.com (361) 826-3595 Rezoning from High Density Residential to Tourist by Gabrielle Stauder-Hilpold Property Address: 14845 South Padre Island Drive CAPTION: Case No. 0714-05 Gabriele Stauder-Hilpold: A change of zoning from the "RM-AT" Multifamily AT District to the "CR-2/10" Resort Commercial District with Island Overlay. The property to be rezoned is described as a 6.28 acre tract of land out of a portion of Lot 1, Block 27B and all of Lots 3, 4 and 5, Block 41, Padre Island — Corpus Christi, Island Fairway Estates, located at the southwest corner of South Padre Island Drive (PR 22) and Compass Street. PURPOSE: The purpose of this rezoning is to allow for the development of a mixed commercial use. RECOMMENDATION: Planning Commission and Staff Recommendation (July 16, 2014): Approval of the change of zoning from the "RM-AT" Multifamily AT District to the "CR-2/10" Resort Commercial District with Island Overlay. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning to develop a 6.28- acre tract to allow construction of a mixed commercial venture. The owner has strong interest in developing the property with a hotel and mixed development containing commercial and residential uses. The Property will ultimately have three frontages, Compass Street, South Padre Island Drive (PR 22) and a new public local street, Azores Drift Drive, which is being dedicated by separate plat. The majority of the subject property is vacant with one lot having a three-story apartment building. The building is currently used to house workers that are constructing the Schlitterbahn Water Park on the adjacent west property. This building and an office building on the southern portion of the property will be demolished prior to constructing the new mixed-use development. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan (ADP). The proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for high-density residential uses. The ADP does encourage commercial ventures that support tourist oriented business and development. A policy statement of the ADP expresses the City's desire to mix residential and non-residential uses. Although the hotel does not meet the future plan of high density residential uses, the hotel will support and sustain the need of the nearby Schlitterbahn Water Park. There proposed rezoning is compatible to the character of the surrounding area and would not have any negatively impacts. The property is in a "No Vinyl Area", therefore vinyl siding shall not be used for new construction. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (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 Attachment Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by Gabriele Stauder-Hilpold, Trustee ("Owner"), by changing the UDC Zoning Map in reference to a 6.28 acre tract of land out of a portion of Lot 1, Block 27B and all of Lots 3, 4 and 5, Block 41, Padre Island — Corpus Christi Island Fairway Estates, from the "RM-AT" Multifamily AT District to the "CR-2/10" Resort Commercial District with Island Overlay; 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 Gabriele Stauder-Hilpold, Trustee ("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, July 16, 2014, during a meeting of the Planning Commission, and on Tuesday, August 19, 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 Gabriele Stauder-Hilpold, Trustee ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 6.28 acre tract of land out of a portion of Lot 1, Block 27B and all of Lots 3, 4 and 5, Block 41, Padre Island — Corpus Christi Island Fairway Estates, located at the southwest corner of South Padre Island Drive (PR 22) and Compass Street (the "Property"), from the "RM-AT" Multifamily AT District to the "CR-2/10" Resort Commercial District with Island Overlay (Zoning Map No. 029026), 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 Nelda Martinez City Secretary Mayor Page 2 of 2 JobN0388U8.PA.V8 g URBAN April 25, 2O}4 Revised: June 27, 20)4 6~28 Acre Zoning Tract STATE [>FTEXAS COUNTY OF NUECES Fie/duo{em, for o6.28 acre tract o[land, being a portion mfLot l' Block 27B, Padre Island -Corpus Christi, Island Fairway Estates, a map of which is recorded in Volume 47, Page 163-165,of the Map Records ofNueoem County, Texas and all of Lots 3, 4 and 5, Block 41, Padre Island -Corpus Christi Island Fairway Estates, a rnap of which iu recorded in Volume 42, Pages l6-\7, of the said Map Records, said 6.28 acre tract being more fully described hv metes and bounds mufollows: Beginning, at a 5/8 inch iron rod, found,on the East boundary of Lot 27C, Padre Island—Corpus Christi, Island Fairway Estates,a map,of which is recorded in Volume 67, Pages 779-785, of the said Map Records, for an outer ell corner nf the said Lot l, Block 27ll and this tract, from whence, u5/8 inch iron rod found, for the Southwest corner of the said Lot |` bears, South 25o02`42"East, 3l4.l \ feet; Thence,North 00'44'0 1" East, with the said East boundary of the said Lot 27C,the West boundary of the said Lot 1,at l74.34 feet, pass the Southwest corner of the said Lot 3, continue with the said East boundary and the West boundary of the said Lot 3, in all 238.03 feet,to the Southwest corner o[the said Lot 4, the Northwest corner mf the said Lot 3, for ao inner ell corner uf this tract; Thence,North 09'57'59" West, with the said East Boundary and the West Boundary of the said Lots 4 and 5` 3]2.2O feet,for the Northwest corner of the said Lot 5 and this tract; Thence,North OU»02`Ol"East, with the North boundary of the said Lot 5, l30.O0 feet,to the Southwest corner of Lot 6` of the said Block 4), for a corner of this tract; Thence, South 89'15'59"East, with the common boundary V[the said Lm4m 5 and h` 170.22 hrct` to tile West right-of-way of Compass Street, for the Northeast corner of the said Lot 5 and this tract; Thence, South O0»44`0|" West, with the said rigb1-of-way, 6|.*7 feet for u corner oftbim tract and the beginning ofa circular curve k)the left, having u radius point which bears, South 09=l5^59" East, l30.80 feet, u central angle n[73»l0`2l", m radius ofI20.00 feet, n tangent length uf96.67 feet and um arc length nf|6h.25feet; Thence, with the are nf the said circular curve to the left, 166.25 feet, Lo the Northwest corner nf Lot 2of the said Block B^ for the Northeast corner ofthe said Lot 3 and this tract; Thence, South l7p27"40°^ West, with the common boundary uf the said Lots 2 and 3, 2\7.95 feet, for the Southwest corner of the said Lot 2, the Southeast corner of the said Lot 3, for an inner ell corner mf this tract; Thence, South 89'09'44"East, with the South boundary of the said Lots 2 and Lot 1, of the said Block 4 1, the North boundary n[the said Lot l` Block 270, Z00.68 feet,to the West,ighL-of-rpayn[South Padre Island Drive s:NSumoyjng\3DG08\PAO8YOFp/co\rwsreS AND BOnmmomamonxw\08'628xC-Zooixg tract-20140627.doo Page | ofo (361)854-3101 2726SVVANTNEQDR. ° CORPUS CH0ST|.TEXAS7O4O4 FAX(361)854-6001 wwwurbaneng.omm TBPG Firm#l45 T8PLS Firm #l0J3240O (Park Road 22), the Southeast corner of tile said Lot l. Block 4l, fortheNortheast corner of the said Lotl, Block 27B and this tract; � Thence, South VOp47,43" West,with tile West dght-of'p/myof the said South Padre Island Drive, 2l6.0] feet, for a corner of this tract and the beginning of a circular curve to the right, having a radius point which bears, North 89«l2`)7"West, ]5.U0 feet, o central angle n[09»56`l8^^, e radius n{|5.0O feet, e tangent length ufI4.98 feet and ail arc length "f23.55 feet; Thence, with the arc of the said circular curve 1n tile right, 23.55 feet, for m corner nf this tract; Thence,North Xg»|3`59" West, \V5,9R feet, for u corner nf this tract and the beginning ofa circular curve (o the left, having a radius point which bears, South Q0o44`0l'' West, 252.42 feet, x central angle of28pl3`47", a radius of252.42 feet, u tangent length nfh3.47 feet and ail arc length n[124.37feet; Thence, with the arc ofthe said circular curve tothe lc1d, 124.37 feet, for o corner of this tract; Thence, South 62»3O`l4" West, 08.4l feet, for e corner of this tract and the beginning ofacircular curve to the left, having a radius point which bears, South 27o29`46"East,282.30 feet,m central angle of 26«57`10", a radius of282.38 feet, n tangent length of67.65 feet and ail arc length o[l32.AOfeet; Thence, with the arc nf the said circular curve<n the left, i32.80 feet, for u corner uf this tract; Thence, South 35'33'O4'`West, 35.77feet, for m corner nf this tract and the beginning ofu circular curve to the right, having u radius point which bears,North 54v26^56^^West, |U.00 feet, ucentral angle nfllq»24`14°,a radius uf|O.00 feet, u tangent length o[l7.11 feet and oe are length nf20.84feet; 7heuoa` with the arc ofthe said circular curve to the right,20.R4 feet,10 the East boundary ofthe said Lot 27C, for u corner of this tract; Thence,North 25»02'42'`West, with the East boundary of the said Lot 27C` 26l.62 feet,(n the Point of Beginning, containing 6.Z8 Acres(273,728 square feet)mKland, more nrless. Bearings based on G9S,I4J\D 03' State Plane Coordinates,Texas South Zone 4205. This dumudpdum was prepared from Field work performed iu2U)2and 20X3 and the Record Plat of Padre Island–Corpus Christi, Island Fairway Estates, Block 4l&43 and does not represent u current oo the ground survey. Ohlesxthisfie&0otes description, including preamble, seal and si ature, appears in its entirely, in its or—no/forx\ surveyor assumes nuresnmnxibJdvfbr its accuracy. Also reference accompanying sketch nf the tract described herein. W LEY Otz 3:\3wrvqing\a8xv&wAoxVop:oe\rwmTsS AND o0Omo3m3uvoxr^mw-o.zxw:-Z*mxoetmo*ao/4om/,o"v Page zofz Exhibit "A" s O Q 00 C v £ N O ` 61 3 a'�m o 00 d amm r)—> N" 00— 0 In cGVL N =amO.D.O= )oc) oo M (O ° o 0c'o o m c) O z IL me }m O Z Sk Q 0 oaE `°..0ma ZW3� a 0 1 U� o a80°z axivt o UIO �'OfA�(AO 01 T N 0 vN Zd Ty O cN m ; q a E° �oba P +v C E rU^ U C C °q 4) �14 N S89'15'S9'E 170.22' g c `0'w P•°'�°a° WIV N a^ X i� S.L) 0_ °L.v LLIM m81`N W fO m O GKf� N �G _�!N S89'09'"E 0.68' in f�G N I I u G � o o N nn N f N u iv to c' a o v $ c ,9.S B PF � ,98'SOL NLBS,SL.89N II��� 8 G;rJ r ao y�hea°o n�• � �� A �GcK N. . s l .., G n c in.B/9 D i , JI e , r 13' aaa� , c" Exhibit "B" ' r „ A. b r � p d " JJ � II l ` I ry1 �p41;JMpYp Y'�E]wtl ,� Ie m m SVd�MbJllu 1 iinV��r�.<' O IICIOiI� Y, All � I i �I�ul usl „il w .......... �w,,u �� Z a.,r uir� �� �� ��� �� {�y �� iY19 QNVl.5fl 3a e,�� �. i.� i � i iv� V w �x�'�'� o. i, m/ ,;:1 � � �w,;�4..����ppp'///yyy d A�i, ''� � "Ir �",Sy"`'..X'1'k jbI �R� J� �� � �` P i m �; „� � . ���, � 551Jd W 0� "� •CC '' �n�',1 A.� � T .l I ii ,.; �� ri I \\ ( &R �� �• / STAFF REPORT Case No.: 0714-05 HTE No. 14-10000019 Planning Commission Hearing Date: July 16, 2014 a Applicant/Owner: Gabriele Stauder-Hilpold a — .o Legal Description/Location: Being 6.28 acre tract of land out of a portion of M 0 a Lot 1, Block 27B and all of Lots 3, 4 and 5, Block 41, Padre Island — Corpus a 5 Christi Island Fairway Estates, located at the southwest corner of South Padre Q°a w Island Drive (PR 22) and Compass Street }, From: "RM-AT" Multifamily AT District To: "CR-2/10" Resort Commercial District with Island Overlay ' Cr Area: 6.28 acres o 0 Purpose of Request: To allow for the development of a mixed commercial use. Existing Zoning Existing Land Use Future Land Use District Site "RM-AT" Multifamily AT Vacant/ Med Density High Density c� Residential Residential C North "RM-AT" Multifamily AT Med Density High Density 'E ? Residential Residential i° Med Density High Density South "RM-AT" Multifamily AT Residential Residential 0) C J "CR-2/10" Resort y High Density East Commercial with an Vacant W Island Overlay Residential West "CR-2" Resort Vacant High Density Commercial Residential Area Development Plan: The subject property is located within the boundaries 06 y of the Mustang Padre Island Area Development Plan (ADP) and is planned for CL c High Density Residential uses. The proposed change of zoning to the "CR-2" ' Resort Commercial District is not consistent with the adopted Future Land Use a o Plan. a - > Map No.: 029026 Zoning Violations: None Transportation and Circulation: The subject property has access to South Padre Island Drive (PR 22), which is an "A2"Arterial street and is a TXDOT right of way. Any proposed access drives off SPID will require compliance with C TXDOT Traffic Access Management. The subject property also has access off CL y Compass Street, which is a local street. Replatting of the southern portion of the L property will require a deceleration lane and right-turn lane at the intersection of the proposed Azores Drift Drive with South Padre Island Drive (PR 22). Case#0714-05 Gabriel Stauder-Hilpold Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type C5 400' ROW 200' ROW South Padre Pavement 120' paved (2012) Island Drive Freeway E 1104 width varies w/median (PR 22) W 1261 w/median U) Compass Local 60' ROW 60' ROW Not Available Street Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RM-AT" Multifamily AT District to the "CR-2/10" Resort Commercial District with an Island Overlay District. Development Plan: The 6.28-acre tract would be used to allow construction of a mixed commercial venture. A development site plan has not been designed, but the owner has strong interest in developing the property with a hotel and mixed development containing commercial and residential uses. A southern portion of the property is currently under plat review, which includes a 3.55 acre lot. Together with the remainder of the property that fronts Compass Street, the venture will include retail or a mixed-use development consisting of commercial buildings and incorporating residential uses above. The development will require buffer requirements as per the UDC from the adjacent property to the west. There are no existing one-family or two-family uses adjacent to the developments, therefore the structures do not have to abide to additional setbacks. Existing Land Uses & Zoning: The majority of the subject property is vacant and zoned "RM-AT" Multifamily AT District. The subject property does have a three-story apartment building on Lot 3. North of the subject property is a three-story apartment building in the "RM-AT" Multifamily AT District. There are two vacant lots northeast of the property in the "CR-2/10" Resort Commercial District with an Island Overlay District. South of the subject property and across the proposed Azores Drift Drive are two-story townhomes in the "RM-AT" Multifamily AT District. West of the subject property is the Schlitterbahn Water Park that was rezoned to the "CR-2" Resort Commercial District. To the east of the subject property and across Park Road 22 is vacant land in the "CR- 2/10" Resort Commercial with an Island Overlay District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Case#0714-05 Gabriel Stauder-Hilpold Page 3 Plat Status: The three lots that front Compass Street are currently platted. The south 3.55 acres have been included in a re-plat submitted for approval and will require all infrastructure and public improvements in accordance with the Comprehensive Plan and other master plans. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is in the Mustang-Padre Island Area Development Plan (ADP). The proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for high density residential uses. The ADP does encourage commercial ventures that support tourist oriented business and development. A policy statement of the ADP expresses the City's desire to mix residential and non-residential uses. Department Comments: • Although the hotel does not meet the future plan of high density residential uses, the hotel will support and sustain the need of the nearby Schlitterbahn Water Park. • The proposed rezoning for the hotel and the residential above commercial uses is compatible with the current zoning and development patterns 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 developments. • The proposed rezoning would not negatively impact the surrounding properties. • The property is within a "No Vinyl Area" of the Island Overlay. Planning Commission and Staff Recommendation (July 16, 2014): Approval of the change of zoning from the "RM-AT" Multifamily AT District to the "CR- 2/10" Resort Commercial District with Island Overlay. Number of Notices Mailed — 45 within 200-foot notification area., 2 outside notification area 0 As of July 31, 2014: 0 In Favor — 0 inside notification area; 0 outside notification area a 0 In Opposition — 0 inside notification area; 0 outside notification area For 0.0% in opposition. Attachments: Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0714-05 Gabrielle Stauder-Hilpold\Council Documents\0714-05 CCReport for Gabriele Stauder-Hilpold.docx N N " N .y N N 20 11 " 15 N M " 23 14 0 42 2 " o 27 - 16 z 10 " ? e W " f� f7 COMPASS ST a SUBJECT 4 PROPERTY t3 ? CR 2 CR- 2 3 /O p 1i7 19 1c8m 12t1 28 -- J5 = 9 " " " o h " Date Created:71112014 0 400 00 LI Prepared By:JeremyM Feet " epartment of Development Services o e CASE: 0714-05 ZONING & NOTICE AREA 0000000� A�^ RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial A� RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 g� RM-AT Multifamily AT RS-6 Single-Family 6 m CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 SUBJECT CN-2 Neighborhood Commercial RS-TF Two-Family PROPERTY CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial o RS-TH Townhouse } CG-2 General Commercial SP Special Permit Cl Intensive Commercial 1 RV Recreational Vehicle Park o CBD Downtown Commercial WHITECAP RMH Manufactured Home J CR-3 Resort Commercial FR Farm Rural H Historic Overlay N BP Business Park G O FE-11 Subject Property O Owners City Of with 200'buffer in favor S Corpus 4 Owners within 200'listed on X Owners LOCATION MAP Christi attached ownership table /�in opposition US _ AGENDA MEMORANDUM First Reading Ordinance the City Council Meeting of August 19, 2014 xg Second Reading Ordinance for the City Council Meeting of August 26, 2014 DATE: August 5, 2014 TO: Ronald L. Olson, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson @ccredc.com Authorizing the City of Corpus Christi to participate in the Texas Enterprise Zone CAPTION: Ordinance authorizing the City of Corpus Christi to participate in the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (The "Act"), providing tax incentives; Designating a liaison for overseeing Enterprise Projects and communicating with Parties PURPOSE: Authorize the City to participate in the Texas Enterprise Zone Program. BACKGROUND AND FINDINGS: Under State Law, the Office of the Governor— Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, the purpose of the program is to encourage job creation and retention and capital investment in areas of economic distress. The 78th legislature amended the act to increase participation in the program, decrease paperwork and streamline the process. Under the amended act, communities are no longer required to submit an application and fee to create an enterprise zone; designation of an enterprise zone is automatic based on decennial figures. Areas designated as enterprise zones include census block groups with 20 percent poverty and areas federally designated as Renewal Communities. Previously designated enterprise zones will be designated until their expiration, after which the area would need to meet the 20 percent poverty guideline. A project seeking designation as a Texas Enterprise Zone Project still must seek nomination from the governing body to the Office of the Governor for consideration and designation. Communities participating in the Texas Enterprise Zone Program are required to provide incentives to the project in addition to offering nomination for participation in the Texas Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas Enterprise Zone. A designated project located in the Texas Enterprise Zone must agree to hire at least 25 percent of its employees from the enterprise zone or economically disadvantaged groups and in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. If the project is located outside the zone, the project must agree to hire at least 35 percent of its new employees from the enterprise zone or economically distressed groups. The program allows a refund of$2,500 for each job created or retained. If investment levels are adequate, the local nominating governing body may nominate a project as a Double or Triple Jumbo Project designation, increasing the value per job created or retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75 million. State Law allows each participating community with a population less than 250,000 to nominate up to six projects per biennium and communities with a population more than 250,000 to nominate up to nine projects per biennium. Since City of Corpus Christi's population exceeds the 250,000 threshold, up to nine projects can receive designation during this biennium. A double jumbo project assumes two of the number of projects allowable and a triple assumes three. Thus far, the City has nominated one business for this biennium. This nomination will use two of the City's eight remaining nominations of local businesses. The City of Corpus Christi has nominated a number of projects in the past including the Valero, Bay Ltd, CITGO, Stripes, and Flint Hills Resources. To date, the designated enterprise zone projects have resulted in at least$2 billion in investment in Corpus Christi. This local capital investment represents a significant portion of all of the combined capital investment made in enterprise zones across the state. ALTERNATIVES: The City can choose not to participate in this program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to City policy of promoting economic development, attracting primary jobs to the area, and is regional in scope. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund: Comments: This incentive would rebate the State's portion of the sales tax and does not affect the City in anyway. RECOMMENDATION: Staff recommends approval of the ordinance to participate in the Texas Enterprise Program. LIST OF SUPPORTING DOCUMENTS: Ordinance —TEZ Program ORDINANCE Authorizing the City Of Corpus Christi to participate in the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (The "Act"), providing tax incentives; Designating a liaison for overseeing Enterprise Projects and communicating with interested Parties WHEREAS, the City of Corpus Christi, Texas ("Corpus Christi") desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in severely distressed areas of the City and to provide employment to residents of those areas; and WHEREAS, with proper notice to the public, a public hearing to consider this ordinance was held on Tuesday, August 19, 2014, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that passage of this ordinance would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The local incentives identified and summarized briefly in the attached Exhibit A, at the election of the governing body, are or will be made available to the nominated Project or activity of the qualified business site. SECTION 2. The City designates the City Manager or his designee as the City's liaison to communicate and negotiate with the EDT through the Bank and enterprise project(s) and to oversee zone activities and communications with qualified businesses and other entities in an enterprise zone or affected by an enterprise project. SECTION 3. This order shall take effect from and after its passage as the law and charter in such case provides. That the foregoing ordinance was read for the first time and passed to its second reading on this the 19th day of August, 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb Page 2 of 2 That the foregoing ordinance was read for the second time and passed finally on this the 26th day of August, 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 26th day of August, 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Page 3 of 3 Exhibit "A" Incentives offered by the City of Corpus Christi Name of - • • of • 1 Tax abatement Property tax reduction As approved by City Council Tax Increment Financing through the creation of Citywide 2 Financing tax increment reinvestment zones improvement projects Property tax exemption for Citywide 3 Freeport Exemption "Freeport Property" y Economic Development Corpus Christi Business & Job 4 Sales Tax 4A Development Corporation (4A Citywide Contribution Funds; now Type A) The City may provide economic Chapter 380 incentives in accordance with the 5 Agreement Corpus Christi Chapter 380 Citywide Economic development Program Policies and Procedures Other Tax Deferrals The City has three industrial Must be located in 6 Tax Refunds or Tax districts that provide a platform for one of the city's Incentives the City to negotiate a payment in three industrial lieu of taxes districts The City may offer reduced Impact/Inspection Fee development fees or a waiver of 7 Exemptions development fees to projects that Citywide meet specific eligibility criteria Capital Improvement in The City may provide infrastructure 8 Water and Sewer improvements for industries Citywide Facilities 9 Zoning Changes or Allows changes in the zoning and As approved by Variances variances. City Council Businesses in an industrial district Must be located in 10 Building Code are exempt from zoning, one of the city's Exemptions permitting, and building code three industrial enforcement requirements districts City may streamline the 11 Streamlined Permitting development permitting process, Citywide applicants must apply through the Corpus Christi EDC 12 Improved Fire and Safety and protection of city Citywide Police Protection residents. 13 Community Crime Neighborhood Watch Program Citywide Prevention Programs Page 4 of 4 Name of - • • of • Special Public The City may provide special 14 Transportation Routes transportation routes or fares to Citywide or Reduced Fares city residents upon request The City is in charge of 15 Road Repair implementing a multi-faceted street Citywide improvement plan Low-Interest Loans for Encourage home ownership for 16 Housing Rehabilitation city residents through Section 108 Citywide or New Construction Loan Guarantee Program 17 Low-Interest Loans for Section 108 Loan Guarantee Citywide Business Program 18 Problem Resolution Resource center for city residents Citywide Center 19 Promotion and Corpus Christi Regional Economic Citywide Marketing Services Development Corporation Job Training and Offered through the Corpus Christi 20 Employment Services Business & Job Development Citywide Corporation Offered through the Corpus Christi 21 Retraining Program Business & Job Development Citywide Corporation Literacy and Offered through the Corpus Christi 22 Employment Skills Business & Job Development Citywide Programs Corporation Offered through the Corpus Christi 23 Vocational Education Business & Job Development Citywide Corporation Customized Job Offered through the Corpus Christi 24 Training Business & Job Development Citywide Corporation CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: August 26, 2014 Agenda Item: Ordinance authorizing the City of Corpus Christi to participate in the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (The "Act"), providing tax incentives; Designating a liaison for overseeing Enterprise Projects and communicating with Parties Amount Required: $ NA Fund Name Account No. Fund No. Org. No. Project No. Amount Total $ ® Certification Not Required Director of Financial Services Date: Us 0 _ AGENDA MEMORANDUM ��,A First Public Hearing for the City Council Meeting of August 19, 2014 xg Second Public Hearing for the City Council Meeting of August 26, 2014 DATE: July 23, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E. Interim Director of Development Services barneyw @cctexas.com 361-826-3595 Public Hearings for the Southside FM 2444 Annexation CAPTION: Local Government Code, Chapter 43.063(a) requires the City to conduct two public hearings prior to First Reading of an Annexation Ordinance for the proposed Southside FM 2444 Annexation area commonly referred to as a portion of the Chapman Ranch / proposed APEX Wind Farm generally located along and on both sides of FM 2444, areas South of FM 2444 and west of County Road 41. PURPOSE: The purpose of the two public hearings is to allow property owners to obtain information on the proposed annexation (see Exhibit A: Location Map) and to comment on the proposed Municipal Services Plan. (See Exhibit B) BACKGROUND AND FINDINGS: Local Government Code provides that cities with a population of more than 100,000 shall have a growth area reserved for future expansion called the Extraterritorial Jurisdiction (ETJ) which is five miles beyond the existing city limits. The City Council has expressed concern that growth in the ETJ, specifically the proposed Chapman Ranch Windfarm located on the proposed annexation area, could be detrimental to future growth in the area. The proposed annexation area is located in the City's ETJ with an area of approximately 16.34 square miles, 83 tracts of land owned by 32 owners including 16 dwellings with an estimated population of 44. The Corpus Christi City Council has identified the need to create consistency and unity in regulation of future land use, platting and the provisions of municipal services as it relates to our growing and changing community. The Council has expressed a strong desire to protect and defend the interests of property owners — and to effectively manage growth and development in the areas commonly recognized as part of the Corpus Christi community. The application of City zoning, building, and land development regulations to any neighboring properties that are annexed as part of this process will, over the long term, help protect property values. ALTERNATIVES: 1. Per state law, the City has contacted each property (See Exhibit C) with an invitation to consider opting out of the annexation by signing a development agreement. The agreement would allow for the continuation of existing uses on the property (except for a wind turbine not allowed by the Unified Development Code) provided that the owner does not initiate development of the property, including development of a wind farm and, that the property meets the tax exemption in state law commonly referred to as an agricultural exemption. This agreement would allow the city to extend its land use controls (zoning, building, etc.) to the subject property but would not allow or cause the City to levy property tax on the subject property. 2. Approval of a development agreement for a portion of the wind farm in the City's Extraterritorial Jurisdiction by determining the development agreement conditions that would be agreeable to the City. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: a. Pursue a policy of annexation of lands at the periphery of the City to achieve orderly growth. b. Pursue a policy of annexation adjacent to the City's growth areas in order to extend zoning ordinance control consistent with adopted land use plans. EMERGENCY/ NON-EMERGENCY: Non-Emergency—action not required. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: All City services shall be provided according to the Municipal Services Plan. Access to infrastructure by properties within the annexed areas shall be allowed in accordance with City policy, including, but not limited to the Unified Development Code. RECOMMENDATION: Receive public comments. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Location Map Exhibit B: Municipal Services Plan Exhibit C: Property Owner Letter and Development Agreement kr 4� Q Od ��cdt 4i4�-X)� uo CL sy w O VN W, ---------=- 3 ✓ � 9 �.� Do- � �/4�.T, am �„F w y V,3/1 o'SGPKWY F Au J Z k9 F / ��� CORIN 'DR j ca W vara�p-�lra� n � I o w U Iii q U � M � w W m w I � wpm Nq LL i � mu 7�t39°JItY � �e� W uu p a � w q o Pn 'rr�' „•— . a- �yPo¢ i o Z Y / s Mn F LL f F } Exhibit B Proposed Municipal Services Plan for the Southside FM 2444 Area SOUTHSIDE FM 2444 AREA PROFILE Southside FM 2444 Area Information Southside FM Corpus Christi 2444 Area Total Land Area in Square Miles: 16.34 150.58 Total Water Area in Square Miles: 0.0 353.46 Total 2014 Population: 44 320,231 Total 2014 Housing Units: 16 129,254 2012 Median Age 35.6 34.4 2012 Median Household Income $67,721 $47,029 Source: US Census/American Fact Finder and City of Corpus Christi Existing Uses Southside FM 2444 Area Acres Percent Agricultural /Vacant 10,433.69 97.84% Residential 20.77 0.20% Industrial 3.81 0.04% Public Semi Public 4.73 0.05% Right-of-Way 196.47 1.88% Total 10,463.00 100.00% Location Map Day I y 1 m_ J E CITY OF CORPUS CHRISA4 EQ SOUTHS E FM]2444 c:UHREN I Cli'Y LiMu'R i Municipal SBrvices Ran For the SDuthdde FM 2444 Area Page 2 of 10 Development Services Department August 17, 2014 Legal Department MUNICIPAL SERVICES PLAN FOR THE SOUTHSIDE FM 2444 AREA INTRODUCTION This Municipal Services Plan ("Plan") is made by the City of Corpus Christi, Texas pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the annexation of approximately 16.34 square miles of land generally located south of FM 2444 and west of County Road 41. Exhibit A, attached to this Plan contains a metes and bounds description and a map of the area. This plan will be attached to the ordinance annexing the Southside FM 2444 Area. The proposed annexation of the Southside FM 2444 Area will follow all of the requirements contained in the Texas Local Government Code Chapter 43 required for annexation, including but not limited to, requirements for public notice and public hearings. In addition, the FM 2444 Area proposed for annexation satisfies Chapter 43, Section 43.052.h, that exempts an area proposed for annexation from the requirement that an area to be annexed must first be included in the City's Annexation Plan for three years prior to adoption of an annexation ordinance. Section h. specifies that if an area contains less than 100 residential units on separate tracts, then the area to be annexed is "exempt" from the plan requirement. Based on a land use analysis and appraisal district records for the area there are 16 dwellings on separate tracts. Therefore, the area proposed for annexation is "exempt" from the annexation plan requirement. EFFECTIVE TERM This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation, unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. INTENT The City Council of the City of Corpus Christi, Texas, finds and determines that this Plan will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City reserves the right guaranteed to it by the Texas Local Government Code to amend this Plan if the City Council determines that changed conditions or subsequent occurrences or any other legally sufficient circumstances exist under the Local Government Code or other Texas laws to make this Plan unworkable or obsolete or unlawful. i I Municipal SBrvices Ran For the SDuthside FM 2444 Area Page 3 of 10 Development Services Department August 17, 2014 Legal Department SERVICE ELEMENTS 1. General Municipal Services. The subject properties are located within the City's extraterritorial jurisdiction and are more particularly described in the Ordinance to which this service plan is attached. Pursuant to this Plan, the following services shall be provided immediately from the effective date of the annexation: a. Police protection as follows: Routine patrols of areas, radio response to calls for police service and all other police services now being offered to the citizens of the City at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. b. Fire Protection Services as follows: Fire protection by the present personnel and equipment of the City fire fighting force with the limitations of water available at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. c. Emergency Medical Services as follows: Radio response for Emergency Medical Services with the present personnel and equipment at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. d. Solid waste collection services as follows: Solid waste collection and services as now being offered to the citizens of the City at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. e. Operation and Maintenance of Water and Wastewater Facilities Water and wastewater service will be provided in accordance with the Corpus Christi Code of Ordinances, Utility Department Policies and engineering standards at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. i Municipal SBrvices Ran For the SDuthside FM 2444Area Page of 10 Development Services Department August 17, 2014 Legal Department f. Operation and Maintenance of Roads and Streets, including Street Lighting The City will maintain public streets over which the City has jurisdiction at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. Any and all roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations and fees of the utility. Street Department services include: • Emergency pavement repair; • Maintenance of public streets; and • Traffic Engineering. Following annexation, public streets for which the city has jurisdiction will be included in the City's preventive maintenance program. Preventive maintenance projects are prioritized on a Citywide basis and scheduled based on a variety of factors, including pavement roughness, rideability, age, traffic volume, functional class, and available funding. Any necessary rehabilitation or reconstruction will be considered on a citywide priority basis. The Traffic Engineering Division of the Street Department will also provide regulatory signage services in the annexation area. All regulatory signs and signals are installed when warranted following an engineering study. All roadways are re-striped and remarked and signage replaced as needed. • Immediately following annexation, all properties will be subject to the City's monthly street fee program. The street fee is a monthly fee which is collected from Corpus Christi residents and business owners and which appears on their monthly utility bills. g. Operation and Maintenance of Parks, Playgrounds and Swimming Pools Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. At this time there are no public recreational facilities in the annexation area including parks, playgrounds, and swimming pools. h. Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service. At this time there are no such other publicly owned facilities. Should the City acquire any other facilities and buildings within the annexation area, an appropriate City department will provide maintenance services at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. i. Other Services. All other City Departments with jurisdiction in the area will provide services according to City policy and procedure. F%WU Municipal SBrvices Ran For the SDuthside FM 2444 Area Page 5 of 10 Development Services Department August 17, 2014 Legal Department 2. CAPITAL IMPROVEMENTS PROGRAM The City will initiate the construction of capital improvements for providing municipal services for the annexation area as necessary. Each component of the Capital Improvement Program is subject to the City providing the related service directly. In the event that the related service is provided through a contract service provider, the capital improvement may not be constructed or acquired by the City but may be provided by the contract provider. The City may also lease buildings in lieu of construction of any necessary buildings. a. Police Protection. No capital improvements are necessary at this time to provide police services. b. Fire Protection. No capital improvements are necessary at this time to provide fire services. c. Emergency Medical Service. No capital improvements are necessary at this time to provide EMS services. d. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services. e. Water and Wastewater Facilities. The annexation area will be included with all other areas of the city in the City's Capital Improvements Program. Water and wastewater services to new development and subdivisions will be provided according to the Corpus Christi Code of Ordinances, Corpus Christi Unified Development Code and the Water and Wastewater Department standards, which may require the developer of a new subdivision or site plan to install water and wastewater lines. f. Roads and Streets. No road or street related capital improvements are necessary at this time. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and future installation of related facilities, such as traffic control devices, will be governed by the City's standard policies and procedures. g. Parks, Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. h. Street Lighting. No capital improvements are necessary at this time to provide services. Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. i. Other Publicly Owned Facilities, Building or Services: Additional Services. In general, other City functions and services, and the additional services described above can be provided for the annexation area by using existing capital improvements. Additional capital improvements are not necessary to provide City services. i Municipal SBrvices Ran For the SDuthside FM 2444 Area Page 6 of 10 Development Services Department August 17, 2014 Legal Department j. Capital Improvements Planning. The annexation area will be included with other territory in connection with the planning for new or expanded facilities, functions, and services as part of the City's Capital Improvement Plan. AMENDMENT: GOVERNING LAW This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. FORCE MAJEURE In case of an emergency, such as force majeure as that term is defined in this Plan, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Plan as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Plan. SPECIFIC FINDINGS The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. i Municipal SBrvices Ran For the SDuthside FM 2444 Area Page 7 of 10 Development Services Department August 17, 2014 Legal Department EXHIBIT A METES AND BOUNDS SOUTHSIDE FM 2444 ANNEXATION AREA An approximately 10,463 acre tract of land out of Laureles Farm Tracts, recorded in Volume 3 Page 15 and Volume 4 Page 36 of the Map Records, Nueces County, Texas and more particularly described as follows: BEGINNING at the northeast corner of said 10,463 acre tract, more or less, a point on the west right-of-way line of existing County Road 41, located 500 feet north of the centerline of F.M. 2444, for the north corner of the tract herein described; THENCE west and 500 feet north of and parallel to the centerline of FM 2444 for a distances of approximately 3 miles, to a point on the west right-of-way line of County Road 47; THENCE south along the west right-of-way line of County Road 47 and 20 feet west of the east boundary of Section 27 Laureles Farm Tracts to a point on the north right-of-way line of FM 2444; THENCE to the west along the south boundary of the north half of Sections 27 and 26 Laureles Farm Tracts also being the north right-of-way of FM 2444 to the northwest corner of the southeast quarter of Section 26 Laureles Farm Tracts; THENCE to the south, with the west boundary of the southeast quarter of Section 26 Laureles Farm Tracts and parallel with County Road 49 a distance of 0.5 miles to the northeast corner of the northwest quarter of Section 37 Laureles Farm Tracts; THENCE in a westerly direction along the north boundary of Sections 37, 38 and 39 Laureles Farm Tracts to a point located approximately 2000 feet past the northeast corner of Section 39 Laureles Farm Tracts, to the westerly boundary of the Corpus Christi Extraterritorial Jurisdiction formed by Annexation Ordinance 022267 on July 18, 1985 and by annexation ordinance 020039 on October 27, 1985; whose radius point is the southwest corner of a 308.99 Acre Tract out of Shares 1, 2, 3, 4, and 10, Section D of the Laureles Farm Tracts and by Annexation Ordinance 020039 on October 27, 1985 whose radius point is the southwest corner of a 298.056 Acre Tract out of the South '/2 of Section 31 and the North '/2 of Section 32 of the Laureles Farm Tracts; THENCE in a southeasterly direction following the Corpus Christi Extraterritorial Jurisdiction formed by Annexation Ordinance 022267 on July 18, 1985 whose radius point is the southwest corner of a 308.99 Acre Tract out of Shares 1, 2, 3, 4, and 10, Section D of the Laureles Farm Tracts and by Annexation Ordinance 020039 on October 27, 1985 whose radius point is the southwest corner of a 298.056 Acre Tract out of the South '/2 of Section 31 and the North '/2 of Section 32 of the Laureles Farm Tracts to the east right-of-way line of County Road 43, crossing Sections 39, 38, 48, 72, 83, 84, 107, 106, 121 and 122 of Laureles Farm Tracts to a point on the east right of way of County Road 43; THENCE in a northerly direction following the east right-of-way line of County Road 43 to a point being 20 feet east of the northwest corner of the south half of Section 104 Laureles Farm Tracts; THENCE in an easterly direction along the north boundary of the south half of Section 104 Laureles Farm Tracts to a point on the west boundary of Section 103 Laureles Farm Tracts; i M unid pal SBrvices Ran For the SDuthside FM 2444 Area Page 8 of 10 Development Services Department August 17, 2014 Legal Department THENCE in a northerly direction along the west boundary of Section 103 and 88 Laureles Farm Tracts to the northwest corner of the south half of Section 88 Laureles Farm Tracts; THENCE in a westerly direction along the south boundary of the north half of Section 87 Laureles Farm Tracts to the east right-of-way line of County Road 43; THENCE north along the east right-of-way line of County Road 43 to a point 20 feet east of the southwest corner of north half of Section 68 Laureles Farm Tracts; THENCE east along the north boundary of the south half of Section 68 Laureles Farm Tracts to the southeast corner of the north half of Section 68 Laureles Farm Tracts; THENCE in a northerly direction along the west boundary of Section 67 Laureles Farm Tracts to the northwest corner of Section 67 Laureles Farm Tracts; THENCE to the west along the north boundary of Section 68 Laureles Farm Tracts to the east right- of-way line of County Road 43; THENCE in a northerly direction along the east right-of-way line of Country Road 43 to the point on the north right-of-way line of County Road 14A; THENCE to the west along the north right-of-way line of County Road 14A extended along the south boundary of the north half of Sections 51, 50 and 49 Laureles Farm Tracts to a point on the east right-of-way line of County Road 49; THENCE to the north along the east right-of-way line of County Road 49 being 20 feet east of the west boundary of Sections 49 and 36 Laureles Farm Tracts to a point on the south right-of-way line on County Road 18 being 20 feet south of the northwest corner of the south half of Section 36 Laureles Farm Tracts; THENCE to the east along the south boundary of County Road 18 being 20 feet south of the south boundary of the north half of Section 36 Laureles Farm Tracts to a point on the east right-of-way line of County Road 47 and 20 feet west of the southwest corner of the north half of Section 35; THENCE to the north along the east right-of-way line of County Road 47 and 20 feet east thereof the west boundary of Sections 35 and 28 Laureles Farm Tracts to a point 500 feet south of the centerline of FM 2444; THENCE to the east 500 feet south of and parallel to the centerline of FM 2444 to a point on the west right-of-way line of County Road 41 and the existing Corpus Christi city limits (Ordinance 022267, July 18, 1995) and the east boundary of Section 30 Laureles Farm Tracts to a point; THENCE to the north along the west right-of-way line of County Road 41 and the existing Corpus Christi city limits (Ordinance 022267, July 18, 1995) and the east boundary of Section 30 Laureles Farm Tracts 1000 feet, to the west right-of-way line of County Road 41 and the Corpus Christi city limits (Ordinance 022267, July 18, 1995) to the POINT OF BEGINNING. i Municipal SBrvices Ran For the SDuthside FM 2444 Area Page 9 of 10 Development Services Department August 17, 2014 Legal Department Southside FM 2444 Annexation Area Map wu� o h k- PAR0" ta' tJ 45 R to W iIpp Tw .,. _. ..—.w___ .. .... .... a:wuww 74 _ � � I i M unid pal SBrvices Ran For the SDuthdde FM 2444 Area Page 10 of 10 Development Services Department August 17, 2014 Legal Department Exhibit C: July 17, 2014 [Name] [Address] LEGAL DESCRIPTION: TAX ID 4: SUBJECT: Proposed Annexation—Southside FM 2444 Area Dear Property Owner: On July 15, 2014, the City of Corpus Christi initiated the process to expand its corporate boundaries by proposing to annex 10,463 acres of land generally located south and southwest of the city. (See attached map) The purpose of this letter is to invite you as a property owner of record to annexation public hearings and to provide a sample development agreement,per state law, that could allow qualifying property owners to opt out of the annexation. To allow for public comment, questions, and general input on the annexation as proposed, the City Council has scheduled two (2)public hearings on this issue. The first public hearing will be held on August 19, 2014. The second will be held on August 26, 2014. Both public hearings will be held at the Corpus Christi City Council Chamber, 1st Floor of City Hall, 1201 Leopard Street, Corpus Christi, Texas, beginning around 11:30 a.m. All interested parties are encouraged to attend and offer comment. In lieu of annexation, State law requires the City to offer some properties a development agreement instead of annexation. If your land is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23,Texas Tax Code,or as timber land under Subchapter E,Chapter 23,Texas Tax Code, you are eligible to negotiate and enter a development agreement with the City (sample enclosed). Such an agreement provides for the continuation of the extraterritorial jurisdiction status of your land so long as the use of your land that entitles you to the agreement does not change. Should the use of your land change to a use other than agricultural, wildlife management or timber land, the agreement would automatically terminate and the land would be annexed into the City at such time,regardless of how the land is appraised for ad valorem tax purposes. Entering an agreement will authorize the enforcement of all regulations and planning authority of the City that do not interfere with the use of your land for agriculture,wildlife management,or timber land. Such regulations include the Unified Development Code, building codes, nuisance regulations, animal control,and general health and sanitation regulations.For your information,entering into this agreement will prohibit the construction of a windfarm on your property.If your property qualifies and you intend to enter into a Development Agreement, please notify us within (30) days of the date this letter. (See contact info below) Proposed Annexation—Southside FM 2444 Area July 17, 2014 Page 2 For your information, entering into the Development Agreement will not cause or allow the City to levy city property taxes on your property. If the City does not receive notification of intent to enter into a Development Agreement within thirty(30)days of the date of this letter we will assume that you are not interested in entering into an agreement. City services will be provided to your property in accordance with a Municipal Services Plan that will be formally adopted by City Council as part of this process. In general, upon annexation into the City, the City will immediately provide police patrol, fire protection, emergency medical response and solid waste pickup for residential properties. A proposed Municipal Services Plan for the Southside FM 2444 area will be posted on the City's website by August 19, 2014. (www.cctexas.com) The Corpus Christi City Council has identified the need to create consistency and unity in regulation of future land use,platting and the provisions of municipal services as it relates to our growing and changing community. The Council has expressed a strong desire to protect and defend the interests of property owners —and to effectively manage growth and development in the areas commonly recognized as part of the Corpus Christi community. The application of City zoning, building, and land development regulations to any neighboring properties that are annexed as part of this process will, over the long term, help protect your property values. Additionally, the inclusion of this area into the City limits will provide better uniformity in the provision of public safety services such as police, fire and EMS. We are committed to assisting you throughout the process by providing any information relating to this pending annexation or answering questions that you may have. Please contact Bob Payne, Special Projects Coordinator at 361-826-3572 or by email at bobpayne e,cctexas.com with any questions and if you wish to pursue a Development Agreement. Respectfully, e Will Harm y m! aa�r� , P.E. Interim Dir ter afDevelopment 'Servic+es Enclosures Annexation Area Map Development Agreement Proposed Annexation—Southside FM 2444 Area July 17, 2014 Page 3 Annexation Area Map ¢ / 5 !. wj c d � a � f I I � S i � J u m . ,,... .„....,,.cram—-......J.m_.—....._ �.. ... ....... .. __.... � C r .._ --------- � uc 7 r Exhibit B: DEVELOPMENT AGREEMENT UNDER SECTION 43.035, TEXAS LOCAL GOVERNMENT CODE This Development Agreement under Section 43.035, Texas Local Government Code (the Agreement") is entered between the City of Corpus Christi, Texas (the "City") and the undersigned property owner(s) (the "Owner") The term Owner shall include all owners of the Property. The City and the Owner are collectively referred to as the Parties. WHEREAS, the Owner owns a parcel of real property in Nueces County, Texas, which is more particularly described in the attached Exhibit "A" (the "Property") that is appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code; WHEREAS, under Section 43.035 the City is required to offer to make a development agreement with the Owner that will provide for the continuation of the extraterritorial status of the area and authorize the enforcement of all regulations and planning authority of the City that do not interfere with the use of the area for agriculture, wildlife management, or timber; WHEREAS, Section 43.035 provides that the restriction or limitation on the City's annexation of all or part of the Property under this Agreement is void if the Owner files any type of subdivision plat or related development document for the Property, regardless of how the area is appraised for ad valorem tax purposes; WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172, Texas Local Government Code; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Extraterritorial Jurisdiction Status of Property. The City agrees that the Property shall remain in the City's extraterritorial jurisdiction (the "ETJ") and the City shall not annex the Property during the term of this Agreement, subject to the terms and conditions of this Agreement. Section 2. Owner's Obligations. In consideration of the City's agreement not to annex the Property and as a condition of the Property remaining in the City's ETJ, the Owner covenants and agrees to the following: (a) The Owner shall use the Property only for agriculture, wildlife management, and/or timber land uses, as defined by Chapter 23 of the Texas Tax Code, that are existing on the Effective Date of this Agreement, except for single-family residential use existing on the Effective Date or as otherwise provided by this Agreement. (b) The Owner shall not subdivide the Property, or file for approval of a subdivision plat, site plan, or related development document for the Property with Nueces County or the City until the Property is annexed into and zoned by the City. (c) The Owner shall not construct or allow to be constructed any building or structure on the Property that requires a building permit until the Property is annexed into and zoned by the City. Accessory structures authorized under the City's Unified Development Code and buildings or structures that are related to and necessary for the use of the Property as authorized under Section 2(a) (excluding new single family residences) are exceptions to this Section 2(c), provided that the Owner obtains required building permits prior to construction. (d) The City's zoning regulations shall apply to the Property, and in addition to the uses authorized by the Unified Development Code, the Property may also be used for wildlife management or timber land, as defined by Chapter 23 of the Texas Tax Code, if such uses existed on the Effective Date of this Agreement. Fences shall not be subject to setback requirements. The City's building codes and regulations shall apply to the Property except as provided otherwise in this Section 2(d). Any buildings or structures constructed on the Property after the Effective Date shall be constructed in compliance with the regulations in the Unified Development Code and applicable building codes and regulations, provided that building permits and related inspections shall only be required for the construction of a new single family residence and additions to an existing single family residence that are authorized to be located on the Property under this Agreement. (e) The Owner shall not construct or allow to be constructed wind energy units on his land for the commercial sale of wind energy as defined in the Unified Development Code, Section 5.6. Section 3. Development and Annexation of Property. (a) The following occurrences shall be deemed the Owner's petition for voluntary annexation of the Property, and the Property may subsequently be annexed at the discretion of the City Council: (1) The filing of any application for plat approval, site plan approval, building permit or related development document for the Property, or the commencement of development of the Property, except as specifically authorized herein. (2) The Owner's failure to comply with Section 2. (3) The Property no longer being appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code, or successor statute, unless the Property is no longer appraised for such purposes because the Legislature has abolished agricultural, wildlife management, or timberland exemptions, provided that the Owner is in compliance with Section 2. (4) The filing for voluntary annexation of the Property into the City by the Owner. (5) The expiration of this Agreement. (b) The Owner agrees that annexation initiated due to an occurrence under Section 3(a) shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Upon annexation, municipal services shall be provided to the Property in accordance with the adopted municipal services plan. Section 4. Application of City Regulations. Pursuant to Section 43.035(b)(1)(B), Texas Local Government Code, the Property is subject to all of the City's regulations, as they are amended from time to time, and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries and the Owner acknowledges and agrees that the City is hereby authorized to enforce said regulations and planning authority except as specifically provided otherwise herein. Section 5. Term. The term of this Agreement (the "Term") is fifteen (15) years from the Effective Date. Section 6. Vested Rights Claims. This Agreement is not a permit for the purposes of Chapter 245, Texas Local Government Code. The Owner hereby waives any and all vested rights and claims that the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner takes or has taken in violation of Section 2 herein. The Owner further waives any and all vested rights and claims that the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction the Owner may file or initiate with respect to the Property following the expiration of this Agreement prior to annexation of the Property by the City, provided that the City initiates annexation proceedings within one year following the expiration of this Agreement. Section 7. Authorization. (a) All parties and officers signing this Agreement warrant to be duly authorized to execute this Agreement. (b) The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect. The failure of each and every owner of the Property to sign this Agreement at the time of approval and execution by the City shall result in the Agreement being void, and the City may, within its discretion, annex the Property in accordance with applicable law. Section 8. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of the notices required by this Section shall be sent by personal delivery or certified mail, return receipt requested, to the City at the following address: City of Corpus Christi Attn: City Manager PO Box 9277 Corpus Christi, Texas 78469-9277 Notices required to be sent to the Owner shall be sent by personal delivery or certified mail, return receipt requested, to the Owner at the following address: Section 9. Covenant Running with the Land. This Agreement shall run with the Property, and a memorandum of this Agreement in a form substantially similar to that set forth in Exhibit "B" shall be recorded in the Official Public Records of Nueces County, Texas. The Owner and the City acknowledge and agree that this Agreement is binding upon the City and the Owner and their respective successors, executors, heirs, and assigns, as applicable, for the term of this Agreement. Conveyance of the Property, or portions thereof, to subsequent owners does not trigger a request for voluntary annexation unless Section 2 is also violated. Section 10. Severability. If any provision of this Agreement is held by a court of competent and final jurisdiction to be invalid or unenforceable for any reason, then the remainder of the Agreement shall be deemed to be valid and enforceable as if the invalid portion had not been included. Section 11. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the Owner after it has been authorized by the City Council. Section 12. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Section 13. Governmental Immunity; Defenses. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to either the City or Owner, including governmental immunity, nor to create any legal rights or claims on behalf of any third party. Section 14. Enforcement; Waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 15. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 16. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 17. Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 18. Effective Date. This Agreement shall be in full force and effect as of the date of approval of this Agreement by the City Council, from and after its execution by the Parties. Section 19. Sections to Survive Termination. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions related to annexation of the Property into the City. Entered into this day of 2014. Owner (s) Printed Name: Printed Name: City of Corpus Christi, Texas STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME the undersigned authority on this day personally appeared Owner of the Property, and acknowledged that s/he is fully authorized to execute the foregoing document and that s/he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2014. Notary Public - State of Texas STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME the undersigned authority on this day personally appeared Owner of the Property, and acknowledged that s/he is fully authorized to execute the foregoing document and that s/he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2014. Notary Public - State of Texas STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME the undersigned authority on this day personally appeared , City of Corpus Christi, Texas and acknowledged that he is fully authorized to execute the foregoing document and that he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2014. Notary Public - State of Texas EXHIBIT "A" Nueces County Appraisal District Tax Id. M Nueces County Appraisal District Property Description: Exhibit`B" MEMORANDUM OF RECORD NOTICE OF DEVELOPMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § Whereas, the undersigned ("Owner") and the City of Corpus Christi (the "City"), entered into that certain Development Agreement under Section 43.035, Texas Local Government Code dated 20 , (the "Agreement"); Whereas, Owner and the City entered the Agreement pursuant to Local Government Code §43.035 which, pursuant to the terms and conditions of the Agreement, effectively guarantees the continuation of the extraterritorial status of Owner's property that is currently appraised for ad valorem tax purposes as agricultural land under Subchapter C or D, Chapter 23 of the Tax Code until the Agreement expires or the property is developed for purposes other than agriculture; Whereas, Owner is the owner of record for the property described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Property"); Whereas, recording the entire Agreement in the real property records of Nueces County is impractical and needlessly burdensome; and Whereas, the Owner and City agree to file this Memorandum of Record ("Memorandum") to provide notice of the Agreement encumbering the Property; NOW THEREFORE, the undersigned hereby executes this Memorandum and files the same of record in the Deed Records of Nueces County, Texas, for the purpose of giving notice to all persons that: (1) The Agreement is on file with the City Secretary at the Corpus Christi City Hall, copies of which are available upon request. (2) The Owner is required to perform as agreed and provided in the Agreement, as well as in accordance with all other applicable rules, regulations and codes of the City, except as provided otherwise in the Agreement. (3) The Agreement provides that any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. Executed and filed this the day of , 2014. By: Name: Title: THE STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared of the City of Corpus Christi, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2014. (SEAL) Notary Public-State of Texas After Recording Return to: City of Corpus Christi Attn: City Secretary P.O. Box 9277 Corpus Christi, Texas 78469-9277 ?--1 'O 4-j N N O � W o � � x � � a O OC � 4A La D C= - 3 C�0 ro - - I — ca .v A 'u .C= C�.. .. +, _ oC }� U Z cq U N 4� N 06 4 j U) 0) l0, Ol l0 M rl N � , 00 Ol Ol w L1 E U —0 u u-) U � � J � f i •r..4 4 s r, a Q v � p � a � - U Q t � m u N m a . 0 3 � , e a a U 10 zs C a m U- � r� a,p � ✓'�� �� fp V! Cx � w+ 1�NAHr to U CL Q- / i L w ✓ r L " r r y �� �o�w�mmmmrm �"� r p Ph, I �'� r� rf�"rr�r�✓�l`r� ? '� 1 rr � � � spec "� IN CIO O Y N J W P Y f o p p p Jp< 1 � �W� U >1 U U) > o 00 U) 70 70 oN m ,� ca wo - o ~O qt o E- m O C37 (n o o 00 (11 Q U N Mo 0 J Q) Q) LL LL � � C� IH m J qt 00 co H 0- 1 Or 4.1 crio X rr a � > U 7C3 Q 4� O O U 70 U o O N 12 E O o � to to o u •O 4-j N N O � W o � � x O Us IT AGENDA MEMORANDUM Future Item for the City Council Meeting of August 12, 2014 1§52 Action Item for the City Council Meeting of August 19, 2014 DATE: July 21, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo @cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG @cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Relocation Agreement O.N. Stevens Water Treatment Plant Transmission Line Relocation CAPTION: Motion authorizing the City Manager or designee to execute the Relocation Agreement with American Electric Power Texas Central Company (AEPTCC) in the amount of $3,042,500, for the O.N. Stevens Water Treatment Plant Transmission Line Relocation. PURPOSE: The purpose of this agenda item is to obtain authority to execute the agreement that will set forth the terms and conditions under which AEPTCC will proceed with design and construction work in connection with AEPTCC's Lon Hill to Medio Creek 138 KV Transmission Line that traverses property owned by the City and situated at the O.N. Stevens Water Treatment Plant (ONSWTP). BACKGROUND AND FINDINGS: AEPTCC owns and operates the 138KV electric transmission line that traverses ONSWTP. The location of the line interferes with the City's ONSWTP Raw Water Influent Improvement project and future plant improvements. In October 2012, AEPTCC was given an administrative professional services contract for preliminary survey work, preliminary transmission and distribution line design, and cost estimates. This project calls for collaboration between AEPTCC and the City of Corpus Christi to relocate the line. In addition to the line relocation, AEPTCC will remove all poles and their parts up to eight-feet below grade as well as site clearance after construction completion. This project is anticipated to be complete within 13 months after this contract execution and AEPTCC receives the City's payment. ALTERNATIVES: 1. Authorize the execution of the agreement. 2. Do not authorize the execution of the agreement. (Not Recommended) OTHER CONSIDERATIONS: This project is critical to meet the City's planned future projects at the O.N. Stevens Water Treatment Plant. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to 2013-2014 Date Current Year Future Years TOTALS Expenditures Line Item Budget $401,000.00 $3,000,000.00 $2,250,000.00 $5,651,000.00 Encumbered / Expended Amount $401,000.00 $401,000.00 This Item $2,000,000.00 $1,042,500.00 $3,042,500.00 Future Anticipated Expenditures This Project $456,223.00 $207,500.00 $663,723.00 BALANCE $0.00 $543,777.00 $1,000,000.00 $1,543,777.00 Fund(s): Water CI P #5 Comments: This agreement will result in the expenditure of an amount not to exceed $3,042,500 with the current FY funding $2,000,000 and FY 2014-2015 funding $1,042,500. The amount is based on the estimated cost of performing the work. The actual scope and cost of performing the work may deviate. RECOMMENDATION: City Staff recommends approval of the Relocation Agreement with American Electric Power Texas Central Company (AEPTCC) in the amount of $3,042,500, for the O.N. Stevens Water Treatment Plant Transmission Line Relocation. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET O.N. STEVENS WATER TREATMENT PLANT AEP TRANSMISSION LINE RELOCATION FUNDS AVAILABLE: WaterClP (2012-2014)................................................................................ $3,401,000 Water CIP (2014-2015)................................................................................ $2,250,000 WaterClP................................................................................................. $5,651,000 FUNDS REQUIRED: Design-Build (AEPTCC) THIS CONTRACT...................................................... $3,042,500 Contingencies (10%)................................................................................. $304,250 Engineer Fees: *Professional services for preliminary study (AEPTCC)....................................... $400,000 Professional Services (Freese & Nichols) (Original Contract)............................... $49,667 Reimbursements: Administration/Finance (Capital Progrmas/Capital Budget/Finance)....................... $98,893 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs)...... $183,658 Misc......................................................................................................... $28,255 TOTAL..................................................................................................... $4,107,223 PROJECT BUDGET BALANCE.................................................................... $1,543,777 *Contract approved by City Council on October 23, 2012 by Motion No. 2012-187 F" TRANSMISSION LINE � lf�/ f LOCATION MAP NOT TO SCALE PROJECT# E10187 O.N. STEVENS WATER TREATMENT PLANT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS TRANSMISSION LINE RELOCATION PAGE: 1 OF 1 7.7, /,.. i .,�b l%�/,.. �a�"����„">P'"`•� //,/,i���, l',.r�l�ir,'�% i ,,ww�o�dwr�'lrio�a ���1 i,.'r %'�", � �f��lllr;,i�; Ta � ���..,��r �������"'�i�'rd. „%� 1���';,, a , ti`s'✓ � , �f,,lf���l ' 1 � � 61� S �,n✓: '..:/ /%O ��1 Flu ✓i �� i AI,I +' i ���� �r✓� �' ��r l v/i i � � Pi d' i a!a ;,,r� ,`11",✓,/n,,M )✓I�9Y�!�a�i/� O /yrdv,,,i�io 'N✓/r��� M lf� pm� .I /-�/ [/f�� �,; %, I.) „/p✓," / „, s, '�hrm� "hi/,, v�nl dl� � ��;5fj�l�u1. 1 / ✓ ri�„����/ f����j/�, �,�,i///l/ l��i ,j� �)jf %i % i/��,: ��iuDl�( � �+ I y>Ytro y �✓l,i �� ��, e{✓1,:; ✓ /�1 / ��i, ,,;. 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STEVENS WATER TREATMENT PLANT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS TRANSMISSION LINE RELOCATION PAGE: 1 OF 1 vow July 15,2014 RELOCATION AGREEMENT THIS RELOCATION AGREEMENT ("Agreement") is entered into as of the day of , 2014 ("Effective Date"), by and between AEP TEXAS CENTRAL COMPANY , a Texas corporation, P.O. Box 2121, Corpus Christi,Nueces County, Texas 78403 ("AEPTCC"), and the City of Corpus Christi, an incorporated municipality, 1201 Leopard Street, Corpus Christi, TX 78469 ("City"). AEPTCC and City may be referred to herein individually as a"Party"or collectively as the"Parties." RECITALS WHEREAS, AEPTCC owns transmission easements and rights of way for a 138 KV electric transmission line, known as the Lon Hill to Medio Creek 138 KV Line ("AEPTCC Line"), that traverse property owned by City, situated at the O.N. Steven's Water Treatment Plant (WTP) in the State of Texas, County of Nueces; and, WHEREAS, City wishes to expand and upgrade its WTP but requires a relocation of the AEPTCC line to do so, City has requested that AEPTCC relocate the AEPTCC Line from its present location to a new location on the same property owned by City; and, WHEREAS, AEPTCC has agreed to the relocation and removal of the existing transmission lines at City's expense,subject to the terms and conditions hereinafter set forth. AGREEMENTS NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties, intending to be legally bound, hereby agree as follows: 1. City shall pay the actual cost of the relocation and line removal referenced above, including but not limited to, all costs, overhead, and expenses reasonably incurred by AEPTCC in connection with the relocation and line removal and determined in accordance with AEPTCC's standard accounting practices. Upon completion of the relocation and line removal described herein, and after a determination of the final actual costs that AEPTCC has incurred is completed, the appropriate adjustments shall be made to true-up the payments made to AEPTCC with AEPTCC's actual costs incurred. 2. City shall make a prepayment to AEPTCC based on the preliminary estimated costs shown in the attached Exhibit A. City shall pay the prepayment within thirty(30)days of execution of this agreement by both parties. AEPTCC shall have no obligation to proceed with work applicable to the relocation and line removal until the prepayment is received. City may elect to cancel further work at any time and incur no additional expense other than for work already completed (including costs that AEPTCC has committed to expend that AEPTCC actually incurs because such costs cannot be canceled, provided that AEPTCC provides the City with documentation showing that such costs cannot be canceled and federal tax gross up amounts) through the date of cancellation. In such event, the unused portion of the prepayment shall be refunded within sixty(60)days of the final determination of such actual costs, and thereafter AEPTCC shall have no further obligation under this Agreement. 3. Upon completion of the relocation and line removal, if the actual cost of the relocation and line removal is less than the estimated costs shown in Exhibit A and prepaid by the City, AEPTCC will refund the respective difference within sixty (60) days of the final determination of such actual cost. If the actual cost of the relocation and line removal is more than the estimated costs shown in Exhibit A and prepaid by the City, AEPTCC will invoice City for the additional amount owed to AEPTCC, and City shall pay such amount to AEPTCC within sixty(60) days of receipt of the invoice. 4. The proposed transmission line relocation is shown on the attached Exhibit B. City shall execute and deliver to AEPTCC new or amended easements and rights-of-way as reasonably will be required by AEPTCC for any new line or portion of line required to complete the relocation. AEPTCC shall have no obligation to authorize any construction work until City executes and delivers to AEPTCC such new or amended easements in a form reasonably satisfactory to AEPT, including exhibits showing a plat of the easement running over, across, and through the City property, prepared by an approved Registered Professional Land Surveyor (RPLS). AEPTCC will prepare the documents necessary to amend the easements. 5. AEPTCC will obtain any and all permits, approvals, clearances or applications involving the relocation and removal deemed necessary by any agencies or governmental bodies, including all permits and approvals required by the Public Utility Commission of Texas (PUCT) and the Energy Reliability Council of Texas (ERCOT) for clearance to interrupt service on the affected transmission lines. City shall provide all reasonable assistance requested by AEPTCC to secure such permits, approvals, clearances and applications. AEPTCC shall have no obligation to proceed with any work until all permits, approvals, clearances and applications are obtained, and if such permits, approvals,clearances and applications cannot reasonably be obtained, or are subsequently withdrawn, then AEPTCC shall be under no obligation to perform the relocation or line removal, and this Agreement shall be null and void. 6. In the event that AEPTCC cannot relocate any portion of the Lon Hill to Medio Creek 138 KV Line("AEPTCC line") within the WTP property boundaries and is required to locate the lines, poles, or equipment outside the WTP property boundaries City agrees to reimburse AEPTCC for any future expenditures required by AEPTCC to relocate any such lines, poles, or equipment only if it is to support the relocation of the Lon Hill to Medio Creek 138 KV Line("AEPTCC line"). 7. AEPTCC MAKES NO WARRANTIES WITH RESPECT TO THE WORK AND AEPTCC HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,CONCERNING THE WORK,INCLUDING WITHOUT 2 LIMITATION THE MERCHANTABILITY OR FITNESS OF THE WORK FOR ANY PARTICULAR PURPOSE. 8. TO THE EXTENT PERMITTED BY LAW,THE CITY SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND AEPTCC,AND ITS AGENTS, EMPLOYEES,SUBCONTRACTORS,OFFICERS AND ASSIGNS FROM ANY AND ALL LIABILITIES,COSTS AND CLAIMS ASSOCIATED WITH AND ARISING OUT OF OR INCIDENTAL TO THE NEGLIGENT ACTIONS OR OMISSION OF THE CITY,ITS OFFICERS,AGENTS,EMPLOYEES,OR REPRESENTATIVES RELATED TO THE WORK,INCLUDING REASONABLE ATTORNEYS FEES AND ALL OTHER COSTS OF LITIGATION. 9. AEPTCC SHALL INDEMNIFY,HOLD HARMMESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS,AGENTS,EMPLOYEES,AND REPRESENTATIVES FROM ANY AND ALL LIABILITIES,COSTS AND CLAIMS ASSOCIATED WITH AND ARISING OUT OF OR INCIDENTAL TO THE NEGLIGENT ACTIONS AND OMISSIONS OF AEPTCC,ITS OFFICERS, AGENTS EMPLOYEES OR REPRESENTATIVES RELATED TO THE WORK,INCLUDING REASONABLE ATTORNEY FEES AND ALL OTHER COSTS OF LITIGATION. 10. THE PARTIES AGREE THAT NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES,INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS,LOSS OF REVENUE,OR LOSS OF PRODUCTION CAPACITY RESULTING FROM THE PERFORMANCE OR FAILURE TO PERFORM THE WORK OR FROM ANY OTHER BREACH OF THIS RELOCATION AGREEMENT. 11. This Agreement shall be interpreted in accordance with the laws of the State of Texas, without recourse to its conflict of law provisions. 12. The Parties will comply with all applicable laws, regulations, and codes governing the work associated with the relocation and line removal. 13. This Agreement is the sole and only agreement of the Parties relating to the subject matter hereof and supersedes any prior understandings or written or oral agreements with respect to the subject matter hereof. 14. No amendment, modification or alteration of the terms of this Agreement shall be binding unless it is in writing, dated subsequent to the Effective Date, and duly executed by the Parties hereto. 15. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 3 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date. [The Remainder of this Page Intentionally Left Blank.Signatures Pages follow.] 4 City of Corpus Christi By: Name: Title: STATE OF TEXAS § COUNTY OF NUECES § The foregoing instrument was acknowledged before me on this day of 2014, by , of City of Corpus Christi., on behalf of the incorporated municipality. WITNESS my hand and Notarial Seal the day and year first above written. Notary Public RECOMMENDED APPROVED Operating Department Date Office of Management& Budget Date APPROVED AS TO LEGAL FORM ATTEST Assistant City Attorney Date for City Attorney Rebecca Huerta, City Secretary Date Project No: E10187 Fund Source No: 550910-4093-00000-E10187 Fune Name: Water 2013 CIP Encumbrance No: 5 AEPTEXAS CENTRAL COMPANY By: Tho nias Schaffer Manager, 'fransmission Right of Way American Electric Power Service Corporation, Authorized Signer STATE OF 01110 § COUNTY OF FRANKLIN § The foregoing instrument was acknowledged before me on this day of 2014, by Thomas Schaffer, Manager of Transmission Right of Way for American Electric P(Jver Service Corporation, as Authorized Signer for AEP Texas Central Company, a Texas corporation, on behalf of the coilm-ation. WITNESS my hand and Notarial Seal the day and year first above written. Notary 1 3 ublic Ca EXHIBIT A to City/AEPTCC Relocation Agreement Scope and Cost Estimate for Relocation Work 1. Scope of Relocation Work • Transmission Line Relocation. • Transmission Line Removal (including all poles and their parts up to 8 feet below grade as well as site clearance after construction completion; if the City needs AEP to remove more pole parts deeper than 8 feet below grade, the City will request an amended contract from AEPTCC). 2. Cost Estimate for Relocation Work $3,042,500.00 7 EXHIBIT B to Cit AEP Texas Relocation Agreement The proposed'transmission line relocation path at ONSWTP i , J � N I w � , r r 1ti fl la, "II �r r / r B SUPPLIER NUMBER TO BE ASSIGNED BY CI I Y-- C PURCHASING DIVISION City of CITY OF CORPUS CHRISTI C p s 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: AEP Texas Central Company P.O.BOX: 2121 STREET ADDRESS: CITY: Corpus Christi ZIP: 78M FIRM IS: 1. Corporation 2. Partnership B 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm: Name Job Title and City Department(if known) fill 4z 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee 1 41 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 supject 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 I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the 64 of Corpus Christi,Texas as changes occur` ,[ Certifying Person: are Title: (Type or Prino '�f Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm" Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership,corporation,joint stock company,joint venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. A nEs � = O � 3 00 N � ft C) O H � o bJO u O � . LA kill E 0 c 0 CL„ Co." um u i V r +j , r V a) CC , I r LA i SEE 6 8 ii u +_' CL u� � r-i r-i 0 < 00 c G 00 ZZ U U 00 M •— i 0 O N - O -dam V V O (1) 4- C: a) i (A LL. . . — — N •N � 1F--� a••+ 0 N U Cu O U N o LJJ _0 w ♦••+ N Q fa V u Q U •— a > N U 0 kLA il E�n 8 6 O O O O O O ti (D c� ti ul LL O O O O LO O (C) O N I� O O O LO O C) 00 I� fl ±+ � O 04 'IT O O O I� C7 Co. O LO LO IRT O OIRT � O � U m � N CC) O C7 EF), C7 LO V C7 N Ln C7 6a EF), EF), Ef} Ef} Ef} Ef} Ef} Ef} 00 r N_ O N 4-j 0 W 0 b,O O U >+ (B � vv L N O 0 UU oN dor) -�-� w U ) ^ Q U) O •� n o Z U O cu 2 U � U o cn z Q U LL L Q U M U J O O ~ o U_ U W 70 Q CV w ° J O O Q U) N ? O 0 0 W -0 •V N � (B E m Q Q d d d m LL •- O to V U +� i' U) U U U fn ' O ui U) Z) J W ca 0 L L L 0 0)tl Z ns ns S ,cn � Z '� � Q H a ns O LL w ° � U LL o U a US 0 _ AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 19, 2014 Second Reading Ordinance for the City Council Meeting of August 26, 2014 DATE: 7/18/14 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services BarneyW @cctexas.com (361) 826-3595 Approval of waterline reimbursement agreement and appropriation of necessary funding for The John G. and Marie Stella Kenedy Foundation, developer/owner of Lot 1, Block 1, Kenedy Subdivision CAPTION: Ordinance authorizing execution of a distribution main extension construction and reimbursement Agreement ("Agreement") with The John G. and Marie Stella Kenedy Memorial Foundation ("Developer"), for the construction of a distribution waterline and appropriating $21,331.74 from the NO. 4030 Water Distribution Main Trust Fund to reimburse the developer in accordance with the agreement. PURPOSE: The John G. and Marie Stella Kenedy Memorial Foundation will install 364 linear feet of 8-inch water distribution main line to provide adequate water to their new facility. The site is located on the southeast corner Yorktown Boulevard and Boston Drive. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 Credits and Reimbursements of the Unified Development Code ("UDC'), The John G. and Marie Stella Kenedy Memorial Foundation is requesting a Reimbursement Agreement for the waterline extension required in order to plat Lot 1, Block 1, Kenedy Subdivision, as shown on the final plat. The subdivision is located on the southeast corner of Yorktown Boulevard and Boston Drive. The development requires the offsite extension of 364 linear feet of 8-inch distribution water main line in order to provide adequate water to the property. The subject property will be served by a proposed 8-inch PVC waterline which will connect to a proposed fire hydrant. The improvements will provide adequate water to the proposed new foundation facility. A layout of existing and proposed improvements is included in Exhibit 3. The waterline extension qualifies as a Distribution Main. ALTERNATIVES: Denial of the Reimbursement Agreement. OTHER CONSIDERATIONS: Per Section 8.5.1.C.2.b.ii defer reimbursement for project CONFORMITY TO CITY POLICY: The developer will be extending water to serve the proposed development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Distribution Main Trust Fund Project to Date Fiscal Year: 2013- Expenditures 2014 CIP onl Current Year Future Years TOTALS Line Item Budget $1,196,115.84 Encumbered/ Expended Amount $39,210.60 This item $21,331.74 BALANCE $1,135,573.50 Fund(s): 540450-4030-21806 Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the motion as presented. Staff recommends approval of appropriation ordinance. LIST OF SUPPORTING DOCUMENTS: Location Map Distribution Main Extension Construction and Reimbursement Agreement with exhibits Ordinance ORDINANCE AUTHORIZING EXECUTION OF A DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH THE JOHN G. AND MARIE STELLA KENEDY FOUNDATION ("DEVELOPER"), FOR THE CONSTRUCTION OF A DISTRIBUTION WATERLINE AND APPROPRIATING $21,331.74 FROM THE NO. 4030 WATER DISTRIBUTION MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") with The John G. and Marie Stella Kenedy Foundation ("Developer"), for the extension of an offsite 8-inch distribution waterline, including all related appurtenances, for development of Lot 1 , Block 1 , Kenedy Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $21 ,331 .74 is appropriated from the No. 4030 Water Distribution Main Trust Fund to reimburse the Developer for construction of the offsite distribution waterline in accordance with the Agreement. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 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 , 20147 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: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agree- ment") is entered into between the,City of Corpus Christi ("City"), a Texas home-rule munici- pality, and The John G. and Marie Stella Kenedy Memorial Foundation ("Developer'), a Texas non-profit corporation acting by and through its Chief Executive Officer. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 12, 2012, to develop a tract of land, to wit: approximately 2.035 acres known as Kenedy Subdivision, Block 1, Lot 1 located south of Yorktown Boulevard on the east of Boston Drive, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the distribution main extension ("Distribution Main Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of the Distribution Main Extension; WHEREAS, it is to the best interest of the City that the Distribution Main Extension be constructed,to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Distributions Main Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Distribution Main Trust Fund for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Distribution Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install one (1) Lump Sum Mobilization/Demobilization; 2. Install 364 linear feet of 8-inch PVC waterline pipe; 3. Install 37 linear feet of sediment control fencing; 4. Install 70 square yards of sodding after waterline installation; 5. Install one (1) fire hydrant assembly; 6. Install two (2) waterline tie-ins; 7. Install 80 linear feet of boring under Boston Drive. b. The Distribution Main Extension must begin at southwest corner of The Lakes Unit 6, Lot 2, Block 1 and extend 364 linear feet to the southeast corner of Kenedy Subdivision Lot 1, Block 1 to proposed fire hydrant. c. The plans and specifications must comply with the City's Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, the Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Distribution Main Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC for the area of the Distribution Main Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by August 26, 2015. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. B. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. Water Reimb The John G.and Marie Stella Kenedy Memorial Foundation Kenedy Subdivision Blk 1,Lot 1 vFinal.doc Page 2 of 7 Standard Form Water Distribution Main Reimbursement Agreement Template Version 1.0 7.18.14 b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Distribution Main Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Distribution Main Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Distribution Main Extension, under the approved plans and specifications, on or before August 26, 2015. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure4Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City Water Reimb The John G.and Marie Stella Kenedy Memorial Foundation Kenedy Subdivision Blk 1,Lot 1 vFinal.doc Page 3 of 7 Standard Form Water Distribution Main Reimbursement Agreement Template Version 1.0 7.18.14 under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to th'e other party in writing at the following address: 1. If to the Developer/Owner: The John G. and Marie Stella Kenedy Memorial Foundation attn: Marc A. Cisneros, CEO 555 N. Carancahua, Suite 1700-Tower II Corpus Christi, Texas 78478 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Water Reimb The John G.and Marie Stella Kenedy Memorial Foundation Kenedy Subdivision Blk 1,Lot 1 vFinal.doc Page 4 of 7 Standard Form Water distribution Main Reimbursement Agreement Template Version 1.0 7.113.14 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Distribution Main Extension, contracts for testing services, and contracts with the contractor for the construction of the Distribution Main Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Distribution Main Extension and the construction of the Distribution Main Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Distribution Main Trust Fund and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $21,331.74 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. Water Reimb The John C.and Marie Stella Kenedy Memorial Foundation Kenedy Subdivision Bak 1.Lot 1 vFinal,.doc Page 5 of 7 Standard Form Water Distribution Main Reimbursement Agreement Template Version 1.0 7.18.14 18. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE DISTRIBUTION MAIN EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 2.035 acres known as Kenedy Subdivision, Block 1, Lot 1, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 20. EFFECTIVE DATE. This Agreement becomes effettive and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this.,,,,,,............................................... day of , 20_. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Gustavo Gonzalez City Secretary Assistant City Manager, designee of the City Manager Water Relmb The John G.and Marie Stella Kenedy Memorial Foundation Kenedy Subdivision 131k 1,Lot 1 vin l.doc Page 6 of 7 Standard a ter Distribution Main Reimbursement Agreement Template Version 1.0 7,1814 APPROVED AS TO FORM: ® 20-14 Julian Grant, Senior Assistant City Attorney For the City Attorney The John G. and Marie Stella Kenedy Memorial Foundation By: ` Marc A. Cisneros CEO STATE OFT COUNTY OF This instrument was acknowledged before me on„ `-� 2014, by Marc A. Cisneros, CEO, The John G. and Marie Stella Kenedy Memor oundation, a Texas non-profit corporation, on behalf of said corporation. amL9 Nota ubli s Signatu TI{PUbliC TWS 01.31.2016 Water Reimb The John G.and Made Stella Kenedy Memorial Foundation Kenedy Subdivision Ellk 1„Lot 1 v inal.doc Page 7 of 7 Standard Form Water Distribution Main Reimbursement Agreement Template Version 1...0 7.18.14 ,3a saoina3s E)NUenans e 9eooei91189a1X aoul i,vsnasv . SHX3 10�'�lH�O 8 00 5A.IA .d Glldl.j duo j o U d o v a""s NOISIA149f1S A43N3� - -a �o�iad aspd�a�u3 96z z v 0 o 26 m z � M'- o CE r T YV N N �U - c rn � � G � U y �U ry m yu r - EQV ° " YS`o °U Zf I I c S e a ub z O ��� 08.6L£ aM „00,8£.8Z S o f v a LL� X O cz— 4� `> F-Q`- d 'y 1 1 1 j O _ O �� �� N w U 1 O : �< o O w N O v i{ §I 1 CO U N If' V�,....< w a z 0 m cn LU I^ mow — 2 0 V < I V 1 � U Q J K D N C m r �u mKO� 2 �om zmo 11 NI O O U Y z U-L o w I W C,U z 1 1 J 4 N ay I L--- �LL 1 QtDwQ I ) -------------- ---- C9 z ————————————— -----� z O_w ------------J w�w oou £OOl 3 00,8£.82 N '8l, 8 3 N Sl'9ll 3 ,00,M8Z N — — — — — — --- — — (S'31&Vll 'N'0'M) 3A/&C NO1S08 V R GU v - — s 13 u o, v � e u T s 1 N - o e -- a� E7 az 0 - �o 0 G 5vo � r d; APPLICATION FOR WATERLINE REIMBURSEMENT We, The John G. and Marie Stella Kenedy Memorial Foundation, a Texas non-profit corporation, whose address is 555 North Carancahua, Suite 1700, Corpus Christi, Texas 78401, owners and developers of proposed Kenedy Subdivision, Block 1, Lot 1, hereby request reimbursement of $21,331.74 for the installation of water distribution main improvements, in conjunction with said lot, as provided for by City Ordinance No. 17092. $42,663.48 is the construction cost, including 12% Engineering and Surveying, in excess of the lottacreage fee, as shown by the cost supporting documents attached herewith. G7it�lor�t� Marc A. Cisneros, Chief Executive Officer Dat The John G. and Marie Stella Kenedy Memorial Foundation THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ! ktiou 2014, by Marc A. Cisneros, Chief Executive Officer, of The John G. and Wide Stella Kenedy ' of the said foundation, non-profit C o on, on be JUDY C GIL REATH M !Votary PubNc STATE OF TIXAS + 01-31.2016 .: Comm.m. „ Notary blic i Ind for the' ake of Texas4 My Com �P ry CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to:. (a) Sufficiency of funds in the Distribution Main Trust Fund, and (b) Appropriation and approval by the City Council, Development Services Engineer (Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WATERLINE CREDIT We, The John G. and Marie Stella Kenedy Memorial Foundation, a Texas non-profit corporation, whose address is 555 North Carancahua, Suite 1700, Corpus Christi, Texas 78401, owners and developers of proposed Kenedy Subdivision, Block 1, Lot 1, hereby apply for $2,935.56 credit towards the water lot/acreage fee for the installation of the water distribution main improvements as provided for by City Ordinance No„ 17092. $45,599.04 is the construction cost, including 12% Engineering and Surveying, as shown by the cost supporting documents attached herewith. Marc A. Cisneros, Chief Executive Officer Dat The John G. and Marie Stella Kenedy Memorial Foundation THE STATE OF TEXAS § COUNTY OF NUC This instrument was acknowledged before me on , 2014, by Marc A. Cisneros, Chief Executive Officer, of The John G. and Mauatella Kenedy Memorial Foundation, a Texas non-profit C ation, on behalf of the said foundation. o ary ublic and for thl State of exas ?®�kaYPc JUDY C GIL13REATiq .` Notary Public STATE OF S My Comm. . 01-31-2016 Exhibit 2 Page 2 of 2 moi x Nouwuxsr wau zm ••••x,•1001•"O••M r MUM 3NI'kf3.LVM `�I SlN3rrAAOWdfll AIM= ' a NOISIMauns Aaami SW Y EN In �OIRJ� W LA 9��PA1w �9W4�i0 4 LR 9Y WIPO� i f j eee..m..,. , i i ter' r i i r , i i 2 � I, f if m e b- 3��/�,, "W 0 e 6 �r I z i �r 0 i d � 0 iy d , r ,e r / CC ' � 9 W a ,o 1 t a' vA1 dFp I y^ e a. v � qE z y , k pp b .i1 m � a g n b* S P / ill'z d / � KENEDYSUBDIVISION-BLOCK1,LOT1:PLATREQUII;EDPU6UJCIMPROVBVIENTS OPINION OFPROBABLECDNSTWCTION CDST PLUS EUGIBLECITYRBMBURSEMENT Item Description Quantity Unit Unit cost ' AMOUNT Al Mobilization/ Demobilization 1 LS $ 3,800.00 $ 3,800.00 A2........Fire Hydrant Assembly y 3 I EA ( $ 4,950.00( $ 14,850.00 A3 (Install New Waterline(8"PVG) 475 I LF .....( $ 36.00( $ 17,100.00 A4 IWaterlineTie-ins 2,6 0 1 00 0 A5 ISan itary Sewer Manhole J 1 I EA J $ 4,500.00J $ 4,500.00 A6 I8'Sanitary Sewer Line WC(SDR@26)(6'-8'depth) J 245 I LF J $ 37.50 J $ 9,187.50 A7 6 PVC(SDR26)Plpe(6 8'depth) 7,,,,,,,,, I LF 1 $ ,,,,,,,,, 32.001 $,,,,,,,,, 224.00,,, 9 , A8 Existin SS Manhole Pehabilitation/Tie 1 LS 975.00 975.00 A9 (Temporary Construction Exit/ Entrance 1 I EA ( $ 750.00( $ 750.00 A10 (Sediment Control Fencing 37 I LF ( $ 4.25( $ 157.25 A11 ISbddingAfter Waterline/Waste Water Installation 240 I SY ( $ 3.75( $ 900.00 Alt Boring Under Boston Drive 182 LF $ 200.00 $ 36,400.00 PRO.ECTSUBTOTAL= $ 91,443.75 10%0ON11NGENCY= $ 9,144.38 PRO.ECTTOTAL= $ 100,588.13 Engineering&Design(12%) $ 12,070.58 TOTALCOSTOFPUBUCIMPROVBVIENTS $ 112,658.70 IGE Exhibit 4 Page 1 of 2 KENEDYSUBDIVISION-BIOCK1,LOT1:PLATREQUII;EDPU6UCIMPROVBVIENTS OPINION OF PROBABLE CDNSTRUCT I ON CDST PLUS EU GI BLE CITY RB M BURSEM ENT Item Description Quantity Unit Unit cost AMOUNT Mobilization/ Demobilization 1 LS $ 1,900.00 $ 1,900.00 C2InstallNew Waterline8PV����������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������� 364LF,,,,,,,,,,,, 36.00,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,3,,,104.00,,, ( q l I 1 $ l $ . ����� 37,,,,,,,,, LF, $ 4,.25 $ 157 25,,,, C3 Sediment Control FenGng C4 S)ddin 9 After Waterline Installation ( 70 SY ( 3.75( 262.50 6 Fire Hydrant Assembly ( 1 EA (( $ 4,950.00(( $ 4,950.00 Cfi �W4erlineTie-ins ( 2 EA (( $ 656"'66-1 1,300.00 C7 Boring Under Boston Drive 80 LF $ 200.00 $ 16,000.00 WATERSYSTBVI OFF TESUBTOTAL= $ 37,673.75 Engi neering&Design(12%) 50.0% LS $ 12,070.58 $ 6,035.29 Site Survey(Utility Location) 1.0 LS $ 1,890.00 $ 1,890.00 TOTALOFF-SITEWATERSYSTBVI IMPROVBVIENTSCOST= $ 45,599.04 WATER DISTRIBUTION ACREAGEFEE= $ (2,935.56) TOTALOFI~SITEWATERSYSTT3VI IMPROVBVIENTSCOST(LESS FE )= $ 42,663.48 TOTALOFI~SITEWATERSYSTBVI CITY PARTICIPATION(50 1/6)= $ 21,331.74 Exhibit 4 Page 2 of 2 City of Corpus Christi,Texas Department of Development Services P.O.Box 9277 City of Corpus Christi,Texas 78469-9277 Corpus at: 2 3 826240 Located at: 2406 Leopard Street Christi (Comer of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS 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". C t NAME: Jv Ket C�. o td MAo 1� elA �elted y �a✓.�d�7So� - �GrG T t° $� S c STREET: SS� l'J LG®git etiA✓ei'l/7"CITY: CoV c�s Get rrs yS. 7x ZIP: '7S y®� FIRM is: O/Corporation ❑ Partnership ❑ Sole Owner ❑Association ❑ Other 4004 pa-0 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) ni 6 2. State the names of each "official' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title lv,tq 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee AI'4 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 AM CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: / " g r L C/ si e ro 5 Title: CAL ���G✓� �� (Print) , Signature of Certifying Person: 1 Date: a P gi EVELOP EN SVCS T I RARED\LANDDEVELOPMENORDINANCEADMINISTRATIONWPPLICATIONFORMSTORMSASPERLEGAU2012\DISCLOSUREOFINTERESTS STA Page 1 of 2 Exhibit 5 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. "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. c. "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. d. "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. e. "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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. i I_ i yt##t 5 E 1 1 K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPNMNT\ORDINANCE ADMINISTRAUONNPPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Exhibit 5 Page 2 of 2 i_ w.. S ` d'O N a Q• va 02 Mo, P W LLI 0 o -fo U ,1 O r U. O �4 l k J , LLI LLI i o¢ ao°i L3auzvN Z O vP i o � — � BETHLEHEM DR W lial �C o 0 W ° OUTa �z 00 1 W i illll°mullll w 1 ����1 JF i o Lb 219 �Y". i US 0 _ AGENDA MEMORANDUM First Reading for the City Council Meeting of August 19, 2014 Second Reading Item for the City Council Meeting of August 26, 2014 DATE: 7/18/14 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services BarneyW @cctexas.com (361) 826-3595 Approval of agreement and appropriating ordinance to reimburse The John G. and Marie Stella Kenedy Foundation for construction of wastewater collection line for Lot 1, Block 1, Kenedy Subdivision CAPTION: Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with The John G. and Marie Stella Kenedy Foundation ("Developer"), for the construction of a wastewater collection line and appropriating $12,819.36 from the NO. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: The John G. and Marie Stella Kenedy Foundation will install 245 linear feet of 8-inch PVC collection line to provide adequate wastewater for their new facility. The site is located on southeast corner of Yorktown Boulevard and Boston Drive. BACKGROUND AND FINDINGS: Per Section 8.5.2.E Credits and Reimbursements of the Unified Development Code ("UDC'), The John G. and Marie Stella Kenedy Foundation is requesting a Reimbursement Agreement for the wastewater line extension required in order to plat Lot 1, Block 1, Kenedy Subdivision, as shown on the final plat. The subdivision is located on southeast corner of Yorktown Boulevard and Boston Drive. The development requires the extension of 245 linear feet of 8-inch wastewater collection line in order to provide adequate wastewater to the property. The subject property will be served by a proposed 8-inch PVC wastewater line which includes one (1) new sanitary sewer manhole. A layout of existing and proposed improvements is included as Exhibit 3. The wastewater extension qualifies as a collection line. ALTERNATIVES: Denial of the Reimbursement Agreement OTHER CONSIDERATIONS: Per Section 8.5.1.C.2.b.ii defer reimbursement for project CONFORMITY TO CITY POLICY: The developer will be extending wastewater to serve the proposed development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Sanitary Sewer Collection Line Trust Fund Project to Date Fiscal Year: 2013- Expenditures 2014 CIP only) Current Year Future Years TOTALS Line Item Budget $373,992.17 Encumbered / Expended Amount $117,325.91 This item $12,819.36 BALANCE $243,846.90 Fund: 540450-4220-21801 Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Collection Line Extension Construction and Reimbursement Agreement Ordinance ORDINANCE AUTHORIZING EXECUTION OF A WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH THE JOHN G. AND MARIE STELLA KENEDY FOUNDATION, ("DEVELOPER"), FOR THE CONSTRUCTION OF A WASTEWATER COLLECTION LINE AND APPROPRIATING $12,819.36 FROM THE NO. 4220 SANITARY SEWER COLLECTION LINE TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with The John G. and Marie Stella Kenedy Foundation, ("Developer"), for the extension of an 8-inch wastewater collection line, including all related appurtenances, for the development of Lot 1 , Block 1 , Kenedy Subdivision, in Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $12,819.36 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer for the construction of the wastewater collection line improvements in accordance with the Agreement. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 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 , 20147 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: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor w.. S ` d'O N a Q• va 02 Mo, P W LLI 0 o -fo U ,1 O r U. O �4 l k J , LLI LLI i o¢ ao°i L3auzvN Z O vP i o � — � BETHLEHEM DR W lial �C o 0 W ° OUTa �z 00 1 W i illll°mullll w 1 ����1 JF i o Lb 219 �Y". i WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and The John G. and Marie Stella Kenedy Foundation, ("Developer/Owner"), a Texas non-profit corporation acting by and through its Chief Executive Officer. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 12, 2012 to develop a tract of land, to wit: approximately 2.035 acres known as Kenedy Subdivision, Block 1, Lot 1 located south of Yorktown Boulevard on the east of Boston Drive, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater collection line extension ("Wastewater Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW,THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall.construct the Wastewater Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install one (1) lump sum mobilization/demobilization; 2. Install one (1) Sanitary Sewer manhole; 3. Install 245 linear feet of 8-inch PVC pipe; 4. Install 7 linear feet of 6-inch PVC pipe; 5. Install one (1) lump sum existing sanitary sewer manhole rehabilitation/tie; 6. Install temporary construction exit/entrance; 7. Install 19 linear feet sediment control fencing; 8. Install 92 square yards sodding and; 9. Install 80 linear feet boring under Boston Drive. b. The Wastewater Extension must begin at the existing manhole on the southwest corner of The Lakes Unit 6, Lot 2, Block 1 and extend 245 linear feet to the southeast corner of Kenedy Subdivision Lot 1, Block 1 to proposed wastewater manhole at the northeast corner of said same property. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. 4 d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC for the area of the Wastewater Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, by August 26, 2015. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review WW Reimb Agml The John G.and Marie Stella Kenedy Memorial Foundation-Kenedy Blk 1,Lot 1 vFinal.doc Page 2 of 7 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.16.14 or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. B. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, on or before August 26, 2015. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE. ' y, a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: WW Reimb Agmt The John G.and Marie Stella Kenedy Memorial Foundation-Kenedy Bilk 1,Lot 1 vFinal,doc Page 3 of 7 Standard Form astester Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under'this Agreement, then the party claiming force majeure ` shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: The John G. and Marie Stella Kenedy Memorial Foundation attn: Marc A. Cisneros, CEO 555 N. Carancahua, Suite 1700-Tower II Corpus Christi, Texas 78478 WW eimb Agmt The John G,and Made Stella Kenedy Memorial Foundation-Kenedy Blk 1,Lot 1 vFinaf. oc Page 4 of 7 Standard o Waste waster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Extension up to an amount not to exceed $12,819.36 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days WW Reimb Agmt The John G.and Marie Stella Kenedy Memorial Foundation-Kenedy Blk 1,Lot 1 vFinal.doc Page 5 of 7 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 2.035 acres known as Kenedy Subdivision, Block 1, Lot 1, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit S. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. WW Reimb Agmt The John G.and Marie Stella Kenedy Memorial Foundation-Kenedy Blk 1,Lot 1 vFinal.doc Page 6 of 7 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.1814 EXECUTED IN ONE ORIGINAL this.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„......,,, day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Gustavo Gonzalez City Secretary Assistant City Manager, designee of the City Manager APPROVED AS TO FORM: , 2014. ,�, . . �..,... Julian Grant, Senior Assistant Cit y Attorne y For the City Attorney The John G. and Marie Stella Kenedy Memorial Foundation By: - ---- Marc A. Cisneros CEO STATE OF TEXAS COUNTY OF § This instru nt was acknowledged before me on , 2014, by Marc A. Cisneros, CEO, The John G. and Marie Stella Kenedy Memo Al Foundation, a Texas non-profit corporation, on behalf of said corporatio �o4p� JUDY C GILBR£ATH Not Pu' Ic's Signat e ti, Notary Public ,.M STATE OF TE)i TEXAS .W My Comm.Exp. 01-31-2016 WW eib Agmt The John G.and Made Stella Kenedy Memorial Foundation«Kenedy Bik 1. Lot 1 vinal.doc Page 7 of 7 Standard Form Wastewaster Collection line Reimbursement Agreement Template Version 1.0 7.1 8.14 ,3a saoina3s E)NUenans e 9eooei91189a1X aoul i,vsnasv . SHX3 10�'�lH�O 8 00 5A.IA .d Glldl.j duo j o U d o v a""s NOISIA149f1S A43N3� - -a �o�iad aspd�a�u3 96z z v 0 o 26 m z � M'- o CE r T YV N N �U - c rn � � G � U y �U ry m yu r - EQV ° " YS`o °U Zf I I c S e a ub z O ��� 08.6L£ aM „00,8£.8Z S o f v a LL� X O cz— 4� `> F-Q`- d 'y 1 1 1 j O _ O �� �� N w U 1 O : �< o O w N O v i{ §I 1 CO U N If' V�,....< w a z 0 m cn LU I^ mow — 2 0 V < I V 1 � U Q J K D N C m r �u mKO� 2 �om zmo 11 NI O O U Y z U-L o w I W C,U z 1 1 J 4 N ay I L--- �LL 1 QtDwQ I ) -------------- ---- C9 z ————————————— -----� z O_w ------------J w�w oou £OOl 3 00,8£.82 N '8l, 8 3 N Sl'9ll 3 ,00,M8Z N — — — — — — --- — — (S'31&Vll 'N'0'M) 3A/&C NO1S08 V R GU v - — s 13 u o, v � e u T s 1 N - o e -- a� E7 az 0 - �o 0 G 5vo � r d; APPLICATION FOR WASTE WATER REIMBURSEMENT We, The John G. and Marie Stella Kenedy Memorial Foundation, a Texas non-profit corporation, whose address is 555 North Carancahua, Suite 1700, Corpus Christi, Texas 78401, owners and developers of proposed Kenedy Subdivision, Block 1, Lot 1, hereby request reimbursement of $12,819.36 for the installation of the waste water collection line improvements in conjunction with said lot, as provided for by City Ordinance No. 17396.$34,412.88 is the construction cost,including 12% Engineering and Surveying, as shown by the cost supporting documents attached herewith. Marc A. Cisneros, Chief Executive Officer Da The John G. and Marie Stella Kenedy Memorial Foundation THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on SL-4421 , 2014, by Marc A. Cisneros, Chief Executive Officer, of The John G. and rie Stella Kenedy Memorial poratio on be If of the said foundation. JUDY C GILBREATH , Notary Public h• STATE OF TWDNS Ex ,01-31-2016 ,Notary Pu lic in I for the St to of Texas My C am p CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WASTE WATER CREDIT We, The John G. and Marie Stella Kenedy Memorial Foundation, a Texas non-profit corporation, whose address is 555 North Carancahua, Suite 1700, Corpus Christi, Texas 78401, owners and developers of proposed Kenedy Subdivision, Block 1, Lot 1, hereby apply for $3,204.84 credit towards the waste water acreage fee for the wastewater collection line improvements in conjunction with said subdivision as provided for by City Ordinance No. 17396. $37,617.72 is the construction cost, including 12% Engineering and Surveying, as shown by the cost supporting documents attached herewith. C:: t Marc A. Cisneros, Chief Executive Officer Dat The John G. and Marie Stella Kenedy Memorial Foundation THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2014, by Marc A. Cisneros, Chief Executive Officer, of The John G. and NtSrie Stella Kenedy Memorial Foundation, a Texas non-profit Corporatio on half of the simil d foundation. A JUDY GIL TH Nota ublic i and for the'Altate of xas _ Notary Public STATE OF TEXAS My Comm. Exp.01-31-2016 Exhibit 2 Page 2 of 2 zm�do- ara.Frrrrreenrerrrrr dM3SYS NnVM3.lSVM a % r� a SM3VM%CMdWI All-Win D il NOISHI GM A(33N3)I SW T Or a4 I Mtiq +0-1 ride i a/ I sad I V.ads i f m, e e e ; r a P. r #, ,m< �e a e . e - , F e , e e M Iu e s W e , Ej w a, p r , i r J , s r" e e e e � q , �r i o , x i 5 EE 9� �. .. g „ t N + f KENEDYSUBDIVISION-BLOCK1,LOT1:PLATREQUII;EDPU6UJCIMPROVBVIENTS OPINION OFPROBABLECDNSTWCTION CDST PLUS EUGIBLECITYRBMBURSEMENT Item Description Quantity Unit Unit cost ' AMOUNT Al Mobilization/ Demobilization 1 LS $ 3,800.00 $ 3,800.00 A2........Fire Hydrant Assembly y 3 I EA ( $ 4,950.00( $ 14,850.00 A3 (Install New Waterline(8"PVG) 475 I LF .....( $ 36.00( $ 17,100.00 A4 IWaterlineTie-ins 2,6 0 1 00 0 A5 ISan itary Sewer Manhole J 1 I EA J $ 4,500.00J $ 4,500.00 A6 I8'Sanitary Sewer Line WC(SDR@26)(6'-8'depth) J 245 I LF J $ 37.50 J $ 9,187.50 A7 6 PVC(SDR26)Plpe(6 8'depth) 7,,,,,,,,, I LF 1 $ ,,,,,,,,, 32.001 $,,,,,,,,, 224.00,,, 9 , A8 Existin SS Manhole Pehabilitation/Tie 1 LS 975.00 975.00 A9 (Temporary Construction Exit/ Entrance 1 I EA ( $ 750.00( $ 750.00 A10 (Sediment Control Fencing 37 I LF ( $ 4.25( $ 157.25 A11 ISbddingAfter Waterline/Waste Water Installation 240 I SY ( $ 3.75( $ 900.00 Alt Boring Under Boston Drive 182 LF $ 200.00 $ 36,400.00 PRO.ECTSUBTOTAL= $ 91,443.75 10%0ON11NGENCY= $ 9,144.38 PRO.ECTTOTAL= $ 100,588.13 Engineering&Design(12%) $ 12,070.58 TOTALCOSTOFPUBUCIMPROVBVIENTS $ 112,658.70 IGE Exhibit 4 Page 1 of 2 IEI®YSUBDIVI90N-BIOCK1,LOT1:PLATREQUIR®PU6UJCIMPROVBVIBVTS OPINION OF PROBABLE CDNSTWCTT ON CDST PLUS BJ GI BLE a TY REI M BURS EM ENT OHM Item Description Quantity Unit Unit cost ' AMOUNT D1 Mobilization/ Demobilization 1 LS $ 1,900.00 $ 1,900.00 11 im �nitar Sewer Manhole i y 1 EA $ 4,500.00 $ 41'566'O" ,50000 D3 Sanitary Sewer Line PVC(SDR 6)(6'-8'depth) 245 LF $ 37.50 $ 9,187.50 D4 �6"FVC(SDR� 6)F pe(6'-8'depth) 7 LF $ 32.00 $ 224.00 D5 Existing SS Manhole F�habilitation/Tie 1 1 LS 1 $ 975.001 $ 975.00 emporary Cbristruction Exit/ Entrance 1 1 I EA 1 $ 375.001 $ 375.00 D7Sediment Control Fencing 19 LF 4.25 80 75 1. � 1 1 1 DS Soddin After Wastewater Installation 92 SY 3.75 345.00 9 $ $ D9 Boring under Boston Drive 80 LF $ 200.00 $ 16,000.00 PROJ3CTSUBTOTAL= $ 33,587.25 Engi neering&Design(12%) $ 4,030.47 TOTAL OFF9 TE WASTE WATER I M PROVEM BUTS COST $ 37,617.72 WASTEWATER LOT/ACREAGE FEES $ 3,204.84 TOTAL OFF 9 TE WASTE WATER I M PROVEM EDITS COST $ 34,412.88 Item Description Quantity Unit Unit cost ' AMOUNT E1 PER UDC Sect ion 8.5.2.E 8"Rpe gameterX2.04 Acre X$1,571.00/Acre X50% $ 12,819.36 TOTALSANITARYMVERSYSTBVI aTYPARTIaPATION= $ 12,819.36 Exhibit 4 Page 2 of 2 City of Corpus Christi,Texas Department of Development Services P.O.Box 9277 City of Corpus Christi,Texas 78469-9277 Corpus at: 2 3 826240 Located at: 2406 Leopard Street Christi (Comer of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS 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". C t NAME: Jv Ket C�. o td MAo 1� elA �elted y �a✓.�d�7So� - �GrG T t° $� S c STREET: SS� l'J LG®git etiA✓ei'l/7"CITY: CoV c�s Get rrs yS. 7x ZIP: '7S y®� FIRM is: O/Corporation ❑ Partnership ❑ Sole Owner ❑Association ❑ Other 4004 pa-0 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) ni 6 2. State the names of each "official' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title lv,tq 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee AI'4 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 AM CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: / " g r L C/ si e ro 5 Title: CAL ���G✓� �� (Print) , Signature of Certifying Person: 1 Date: a P gi EVELOP EN SVCS T I RARED\LANDDEVELOPMENORDINANCEADMINISTRATIONWPPLICATIONFORMSTORMSASPERLEGAU2012\DISCLOSUREOFINTERESTS STA Page 1 of 2 Exhibit 5 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. "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. c. "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. d. "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. e. "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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. i I_ i yt##t 5 E 1 1 K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPNMNT\ORDINANCE ADMINISTRAUONNPPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Exhibit 5 Page 2 of 2 i_ US 0 _ AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 19, 2014 Second Reading Ordinance for the City Council Meeting of August 26, 2014 DATE: 7/18/14 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services BarneyW @cctexas.com (361) 826-3595 Approval of waterline reimbursement agreement and appropriation of funding for MPM Development, L.P., developer/owner of Royal Creek Estates Unit 6 CAPTION: Ordinance authorizing execution of a distribution main extension construction and reimbursement Agreement ("Agreement") with MPM Development, L.P., ("Developer"), for the construction of a distribution waterline and appropriating $22,691.12 from the NO. 4030 Water Distribution Main Trust Fund to reimburse the developer in accordance with the agreement. PURPOSE: MPM Development, L.P., will install 1,014 linear feet of 8-inch water distribution main line to provide adequate water supply to a new residential subdivision. The site is located on the south side of Safety Steel Drive, west of Rodd Field Road and south of Yorktown Boulevard. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 Credits and Reimbursements of the Unified Development Code ("UDC'), MPM Development, L.P., is requesting a Reimbursement Agreement for the development of Royal Creek Estates Unit 6 Subdivision, as shown on the final plat. The site is located on the south side of Safety Steel Drive, west of Rodd Field Road and south of Yorktown Boulevard. The development requires the offsite extension of 1,014 linear feet of 8-inch distribution water main line in order to provide adequate water to the new residential subdivision. The subject property will be served by a proposed 8-inch PVC waterline which will connect to an existing 8-inch waterline on the corner of Safety Steel Drive and Dalmation Drive. The improvements will provide adequate water supply to the proposed new residential subdivision. A layout of existing and proposed improvements is included in Exhibit 3. The proposed waterline extension qualifies as a Distribution Main. ALTERNATIVES: Denial of the Reimbursement Agreement. OTHER CONSIDERATIONS: Per Section 8.5.1.C.2.b.ii defer reimbursement for project CONFORMITY TO CITY POLICY: The developer will be extending water to serve the proposed development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Distribution Main Trust Fund Project to Date Fiscal Year: 2013- Expenditures 2014 CIP onl Current Year Future Years TOTALS Line Item Budget $1,196,115.84 Encumbered/ Expended Amount $60,542.34 This item $22,691.12 BALANCE $1,112,882.38 Fund(s): 540450-43030-21806 Comments: Balance reflects amount allocated for the Kenedy Subdivision Block 1, Lot 1 Water reimbursement agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. Staff recommends approval of appropriation ordinance. LIST OF SUPPORTING DOCUMENTS: Location Map Distribution Main Extension Construction and Reimbursement Agreement with exhibits Ordinance ORDINANCE AUTHORIZING EXECUTION OF A DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH MPM DEVELOPMENT, L.P., ("DEVELOPER"), FOR THE CONSTRUCTION OF A DISTRIBUTION WATERLINE AND APPROPRIATING $22,691.12 FROM THE NO. 4030 WATER DISTRIBUTION MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") with MPM Development, L.P., ("Developer"), for the extension of an offsite 8-inch distribution waterline, including all related appurtenances, for development of Royal Creek Estates Unit 6 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $22,691 .12 is appropriated from the No. 4030 Water Distribution Main Trust Fund to reimburse the Developer for construction of the offsite distribution waterline in accordance with the Agreement. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 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 , 20147 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: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 1p��01S,�y i �N Jyyv ypJyrx= � ��, NpSb� d �yyypss J� �,o a� too Z v fop Q / WY DR p8� F J Z W UJ Q ALM SON NDV+ND DR w HU c DR p P W of ° N ld Aa N3H�`JNIN ����' 2 t W O W j LLI p- '„kn Q d�i,P ohs � K� �4yW 0 gAR �>b I Osp PK �SS�'db�s3 e a. DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule munici-pality, and MPM Development L.P., ("Developer/Owner"), a Texas corporation, acting by and through its general partner. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 11, 2013 to develop a tract of land, to wit: approximately 13.07 acres known as Royal Creek Estates Unit 6, located on the south side of Safety Steel Drive, west of Rodd Field Road and south of Yorktown Boulevard as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the distribution main extension ("Distribution Main Extension"); WHEREAS, it is to the best interest of the City that the Distribution Main Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in thq Distributions Main Trust Fund and are appropriated by the City Council, or from other applicable funds otherwise authorized by City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer registered and licensed in the State of Texas, acceptable to the City's Development Services Engineer, to prepare and seal plans and specifications for the Distribution Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the design in conformance with the City's Infrastructure Design Manual as well as the following minimum requirements: 1. Install 1,014 linear feet of 8-inch PVC water distribution main line; 2. Installation of one (1) 8-inch cap tapped for 2-inch; 3. Install one (1) 8-inch gate valve w/box; 4. Install one (1) 8-inch tee; 5. Install one (1) 8-inch EL, any angle, 6. install one (1) 6-inch gate valve with box; 7. install 53 linear feet of 6-inch PVC water distribution line; 8. Install one (1) lump sum patch pavement b. The offsite Distribution Main Extension must begin at the northwest corner of Lot 1, Royal Creek Estates Unit 6, and extend east 1,014 linear feet and connect to existing fl- inch water valve. c. The plans and specifications must comply with the City's Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. e. Intent of Plans and Specifications: 1. The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal, and contract. 2. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal, contract, and any addendum issued, and shall do such additional extra work as may be considered necessary to complete the work in a satisfactory and acceptable manner. 3. The Contractor shall furnish all labor, tools, material, machinery, equipment and incidentals necessary for the prosecution of the work. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, the Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Distribution Main Extension. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC for the area of the Distribution Main Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by August 26, 2015. Distribution Main Reimb Agmt-MPM Development LP,Royal Creek Estates Unit 6 vdraft Page 2 of 8 Standard Form Distribution Main Reimbursement Agreement"template Version 1.0 7,.18,14 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Distribution Main Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Distribution Main Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Distribution Main Extension, under the approved plans and specifications, on or before August 26, 2015. n f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. g. Failure of the Developer/Owner to comply with Sections 13 or 14 of this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either parry under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. Distribution Main Reimb gt Development LP,Royal Creek Estates Unit 6 vraft gage 3 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1,0 7.18,14 e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other ' causes not reasonably within the control of the party Claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the parry giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: MPM Development, L.P. Attn: Mossa Moses Mostaghasi 426 S. Staples Corpus Christi, Texas 78401 Distribution Main Reimb Agmt-MPM Development LP,Royal Creek Estates Unit 6 v r ft Page 4 of Standard o istribution Main Reimbursement Agreement Template Version 1.0 7.1814 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1 201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Distribution Main Extension, contracts for testing services, and contracts with the contractor for the construction of the Distribution Main Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14.1. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Distribution Main Extension and the construction of the Distribution Main Extension for a period of one year from and after the date of acceptance of the facilities by the City. 14.2. Removal of Defective and Unauthorized Work: a) All work which has been rejected or condemned by the City must be repaired, or if it cannot be repaired satisfactorily, it must be removed and replaced at the Developer/Owner's sole expense. b) Defective materials must be immediately removed from the site of the work. Work not in conformance to the Plans and Specifications, work outside project scope, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices shall be done at the Contractor's risk, and considered unauthorized and not eligible for reimbursement. Distribution Main Rei b Agmt Development LP,Royal Creek Estates Unit 6 vdraft Page 5 of a Standard a istriution Main Reimbursement Agreement Template Version 1.0 7.18.14 c) The work, at the option of the City Engineer or the City's Development Services Engineer, may be ordered removed at the Contractor's expense if not defective or not in conformance with the City's Infrastructure Design Manual, and other laws, codes and regulations. d) Upon failure of the Developer/Owner to repair satisfactorily or to remove and replace rejected, unauthorized, or condemned work or materials immediately after receiving notice from the City, the City will, after giving written notice to the Developer/Owner, have the authority to cause defective work to be remedied or removed and replaced or to cause unauthorized work to be removed, and to deduct the cost from any payment due or to become due the Developer/Owner. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the City Developer Participation Funds and the appropriation of funds, the City will reimburse the Developer/Owner the reasonable actual cost of the Distribution Main Extension up to an amount not to exceed $22,691.11 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made within 30 days from the date of the invoice in accordance with state law. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike metnner, in accordance with the approved plans and specifications, and in compliance with the City's Infrastructure Design Manual, and all other local, state and federal laws, codes and regulations, and must have been inspected and accepted by the City. d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE DISTRIBUTION MAIN EXTENSION. THIS INDEMNIFICATION SPECIFICALLY Distribution Main Relmb Agmt-MPMl Development LP,Royal Creek Estates Unit 6 Wraft Page 6 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 7.1 BI 4 INCLUDES CLAIMS BROUGHT BY DEVELOPER, OR DEVELOPER'S OWN EMPLOYEES, AGENTS OR REPRESENTATIVES. THIS INDEMNIFICATIONS SURVIVES TERMINATION OF THIS AGREEMENT. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 13.07 acres known as Royal Creek Estates Unit 6, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit S. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL,this day of , 20—,! ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta lAssi avo Gonz ez i City Secretary ant City Hager 1 APPROVED AS TO FORMA: ✓ 4—'o—' 2014. I ° Jul* Grant Assistant City Attorney Distribution Main Reimb Agmt Development LP,Royal Creek Estates Unit 6 vdraft Page 7 of 0 Standard o Distribution Main Reimbursement Agreement Template Version 1.0 7ABA4 MPM Development, L.P. By. .. Massa Moses Mostaghasi General Partner STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on 2014, by Mossa Moses Mostaghasi, General Partner, MPM Development, L.P., a Limited Partnership, on behalf of said partnership. ° Notary u ic's Sig atur ...*Ry'pG•.,1 CA THE 4 GARZA NOTARY PUBLIC state Of Te%aS le., comm.6cp.12-05r2015 q W- Distribution Main Fteimb Agmt-MPM Development LP,Royal Creek Estates Unit 6 vdraft Page 8 of 8 Standard Form Distribution Main Reimbursement Agreement Template Version 1,0 7,18,14 N 4— co '5 5 S 5! u 2 �z z z.1 E o wl mo 0owo o�u so u za o o 1.u. u < �z u, o z u ul z-w b w, 5z z, w, I z z Li V) Ld z Q 0 ji Z'.Hn U)z, LD g LL V) CL W �a 0 LJ Lj Lj V- < V) 2: z UJ LL, Z) Z LA LJ �i ui UJ m 3 ~ L-i- U) z -P L) as N.— o q tc Iz I z. Ld z- 11 z' z- 6 9E z gz �2- 'd lIz. 'o I N2 z. z z vzi § z� lo�M zz -z Xq P -w w, cl Vi I I Iz z I �U W I 3 'a I 'n . ... u .. -z lm I z 8, OWi<o� X03 in V) 04 1 4— X 0 (0 Ld 04 p 2 z aomQaz co D 0 LLJ C) 0 Lj LLJ LLJ 111 F LD z D 01 0 Z CL LLJ p ui U Of C) �xu U) =5 lo 222. L'd O ol 2 .j R Amy Juu 3n Q u ol 2 2 Oa In NN m 3n q –.TA LLJ 09 Z9.0 9N of 2 2 Lti .6['6 IN M . j .09�909N.II— m� �u 121 M,0s,L2.09N �!5 0 Tn-.9 ,61 6 OP Om OJ 'T A7 III 2. 6z uo 2. �8 d n L2 9 5� Is % LO g lz z Lv I o- ze o z' ID _ao-2a 3Pig—'QuoYn�.q 'Q�L09-- '�q.og' al 1,09,L5.09N 0 zm 0 1 z FS S A 011 3,09,4 2 rT 'ss, .2n L, n Fi_ - r E-, '2 '2 iINn 9d S31VIS3 A33ao]VMA ADa ,6b '17 1) ---- Od M 09 L9 C9N liNwn'S31HIS3 A2363 IV406 10A APPLICATION FOR WATERLINE REIMBURSEMENT We, MPM Development, L.P., a Iimited partnership, whose address is 426 S. Staples, Corpus Christi,Texas 78401, owners and developers of proposed Royal Creek Estates Unit 6 Subdivision, hereby request reimbursement of $22,691.12 for the installation of water distribution main improvements, in conjunction with said lot, as provided for by City Ordinance No. 17092.$55,210.23 is the construction cost, including 11% Engineering and Surveying, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. Mossa Moses Mostaghasi, General Partner Date MPM Development, L.P. THE STATE OF TEXAS § COUNTY OF NUECES § l This instrument was acknowledged before me on 2014, by Mossa Moses Mostaghasi, General Partner, MPM evel ent, L.P., a Texas limited partnership, on behalf of the said partnership. 8U D 0Y 01 m Notary b is in and for the State of Texas ;r m t) TEXAS CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Distribution Maim Trust Fund, and (b)Appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit 2 Pagel of 2 APPLICATION FOR WATERLINE CREDIT We, MPM Development, L.P., a limited partnership, whose address is 426 S. Staples, Corpus Christi,Texas 78401, owners and developers of proposed Royal Creek Estates Unit 6 Subdivision, hereby apply for$9,828.00 credit towards the water lottacreage fee for the installation of the water distribution main improvements as provided for by City Ordinance No. 17092. $65,038.23 is the construction cost, including 11% Engineering and Surveying, as shown by the cost supporting documents attached herewith.. A " tog Mossa Moses Mostaghasi, General Partner Date MPM Development, L.P. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2014, by Massa Moses Mostaghasi, General Partner, MPM Devel ent, L.P., a Texas limited partnership, on behalf of the said partnership. CINDY j Notary Public' and for the State of Texas YMmr°r� Exhibit 2 Page 2 of 2 "w all rw ti u^ xMp � � gg � m n ✓ � � n ^ a �iY °: —,Jul � ..'.. .. �2 UAR 4 ,W W «°: b 4M NtiX,X VAN XS'V qpp 0. m ryX 0 M . X � wy n M� � u N1, ...................4 _ Lit, w .. ." �� u �..^" ..... ,.,, 0 '.. r g a! A �„t'������ q� u u a r i qg ^ �, 1� pq FRAX u i;�', Po mmV q v.. vp 8 q: / qC ” Hill?� ,"•«.. . mu„+ua P. �. � d µi " rym „F",µ "m qY µ'p` j""; k b a. d 6' r:X ar && ¢ NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW @aol.com TX Registration No.F-52 361 882-5521- FAX 361 882-1265 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 ROYAL CREI3<EST-ATES UNIT6 PRELIM I NARY=ESTIMATE 6/14/14 ITEM PREUMINARY COST E511MATE QUANTITY UNIT UNITPRICE AMOUNT Street&Su 6/14/2014 1 2'HMAC 6747 a 17.00 $114,699.00 2 6"Curb&Gutter 4087 LF 14.50 59,261.50 3 6 Limestone Base 8564 a 16.00 137,024.00 4 8"Lime Stabilized Subgrade to 1'BC 8564 a 6.75 57,807.00 5 4' ThickRiCWallk 20422 SF 4.00 81,688.00 6 5'FCValley gutter 111 LF 60.00 6,660.00 7 Oearing and Grubbing 1 LS 2,500.00 2,500.00 8 Excavation 1 LS 58,000.00 58,000.00 9 Street Signs 4 EA 350.00 1,400.00 $519,039.50 Storm Sewer Items 1 15"REF 118 LF 35.00 $4,130.00 2 24"FCF 702 LF 41.00 28,782.00 3 27"FCF 88 LF 48.00 4,224.00 4 5' Inlet Sot or Post Type 6 EA 2,400.00 14,400.00 $51,536.00 Sanitary Sewer Items 1 8'PVCRpe 1870 LF 55.00 $102,850.00 2 FG Manhole 4'Diameter 9 EA 4,500.00 40,500.00 3 4'or 6 PVCService 54 EA 800.00 43,200.00 4 Drop Connection 9 LF 1,500.00 13,500.00 $200,050.00 Water Items Reimbursable by City 1 8"PVC R pe 1014 LF 46.00 $46,644.00 2 8'Cap Tapped for 2" 1 EA 480.00 480.00 3 8'Gate Valve with box 1 EA 1,180.00 1,180.00 4 8'MJTee 1 EA 475.00 475.00 5 8"8 Any Angle 1 EA 350.00 350.00 6 6" Gate Valve w/Box 1 EA 950.00 950.00 7 6"PVC R pe 53 EA 38.00 2,014.00 8 Patch Pavement 1 LS 6,500.00 6,500.00 $58,593.00 On-Ste Water Items 1 6"PVC R pe 1892 LF 38.00 $71,896.00 2 Fire Hydrant Assembly 2 EA 3,400.00 6,800.00 3 6"B_,90 deg DI 5 EA 350.00 1,750.00 4 6"Tee,DI 7 EA 350.00 2,450.00 5 6"Cap Tapped for 2" 3 EA 350.00 1,050.00 6 6"x 30"PVC Nipple 6 EA 350.00 2,100.00 7 6"Gate Valve w/Box 6 EA 950.00 5,700.00 8 2"HDPE 832 EA 24.00 19,968.00 9 2"Corp Stop 4 EA 450.00 1,800.00 10 2"gate Valve 4 EA 650.00 2,600.00 11 2"8 any Angle 4 EA 150.00 600.00 12 Double Water Service 28 EA 650.00 18,200.00 13 Single water service 2 EA 550.00 1,100.00 $136,014.00 Miscellaneous Construction 1 Blank 2"and 4"Conduit for AEF 150 LF 20.00 $3,000.00 2 Traffic Control&Barricading Ran(During Construction) 1 LS 2,500.00 2,500.00 3 Trench Safety for Excavations(Sanitary Sewer&Storm Ser Rpesof all Sizes) 3238 LF 2.00 6,476.00 4 Storm Water Pollution Prevention 1 LS 3,500.00 3,500.00 $15,476.00 TOTALCDNSTRUCTION $980,708.50 Exhibit 4 Page 1 of 2 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW @aol.com TX Registration No.F-52 361 882-5521 FAX 361 882-1265 Survey Registration No. 100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 13019-PCE-WTR 6/24/14 ROYAL CREEK UNIT 6 OFFSITE WATER REIMBURSEMENT ESTIMATE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT OFFSITE WATER ITEMS(FOR CITY REIMBURSEMENT) 1. 8"PVC PIPE 1014 LF 46.00 $ 46,644.00 2. 8"CAP TAPPED FOR 2" 1 EA 480.00 480.00 3. 8"GATE VALVE W/BOX 1 EA 1,180.00 1,180.00 4. 8"TEE 1 EA 475.00 475.00 5. 8"EL,ANY ANGLE 1 EA 350.00 350.00 3. 6"GATE VALVE W/BOX 1 EA 950.00 950.00 4. 6"PVC PIPE 53 LF 38.00 2,014.00 5. PATCH PAVEMENT 1 LS 6,500.00 6,500.00 SUBTOTAL $ 58,593.00 11%ENGINEERING,SURVEYING,AND TESTING 6,445.23 TOTAL $ 65,038.23 OFFSITE REIMBURSEMENT(50%) (32,519.12) LESS ACREAGE FEE VALUE (9.828.00) TOTAL AMOUNT REIMBURSEABLE $22,691.12 Exhibit 4 Page 2 of 2 City orGrrpm Christi,Tessa Department of Development Services City of P.O.sTx s77 corpna Christi,Texas 78469-9277 Corpu at: }0 6Loop _ Located aC ZA06 I,.copq(d Slrocl =Christi (Coma of Leopard St,and Port Ave.) r\a/%W/ DISCLOSURE OF INTERESTS 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". NAME: MPM Development, LP STREET: PO Box 331308 CITY; Corpus Christi Zjp: 78463 FIRM is: []Corporation ❑Partnership ❑Sole Owner []Association ❑Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership In the above named"firm". Name Job Title and City Department(if known) NONE NONE 2. State the names of each `official" of the City of Corpus Christi having an "ownership Interest" constituting 3%or more of the ownership in the above named"firm". Name Title NONE NONE 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership In the above named"firm". Name Board, Commission„or Committee NONE NONE 4. State the names of each employee or officer of a "consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership Interest" constituting 3% or more of the ownership In the above named"firm". Name Consultant NONE NONE CERTIFICATE I certify that all information provided is true and correct as of the date of this statement„ that I have not knowingly withheld disclosure of any information requested;; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Mossa Mosta hasi Title: President (Print) Signature of Certifying son- P Date: 6-25-2014 V ZEVEL0PkMN"VC3ZHAREMAND DEVELOPMENTORDINANCE ADUMnMUMAPPLICATION FORWIFORLIS has Prat LEGAVW1705CL03Un OF RMJMsn Pa ST,4 12712. e 1 of 2 C Exhibit 5 g 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. "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. c. "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. d. "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 Chnst!,Texas. e. "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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. K MEVV.. O WS4'Sff Ae I5£ pp�„ M 710 U TIO TOR AS LEA l LOS o STS s27.12. Exhibit 5 Page �a se 0 A '0URFORa11 18°2 AGENDA MEMORANDUM First Reading item for the City Council Meeting of August 19, 2014 Second Reading item for the City Council Meeting of August 26, 2014 DATE: August 5, 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: Valerie H. Gray, P. E., Interim Executive Director of Public Works valerieg @cctexas.com (361) 826-3729 Engineering Construction Contract Horne Road from Ayers Street to Port Avenue BOND 2012 CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by adding $25,000 in Gas Capital Improvement Program Reserves from Fund 4551 Gas 2009 CIP Fund; transferring $650,000 from Bond 2012 Project #E12103 Leopard Street from Crosstown to Palm from FY 2015 to Bond 2012 Project E12100 Horne Road from Ayers Street to Port Avenue; increasing expenditures in the amount of $25,000; and authorizing the City Manager or designee to execute a construction contract with Salinas Construction Technologies, Ltd. from Pleasanton, Texas in the amount of $1,884,600.57, for the Bond 2012 Project Horne Road from Ayers Street to Port Avenue for the total base bid and executing Amendment No. 2 to a Professional Services Contract with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $104,000 for restated total price of $365,362.50 for the Bond 2012 Project Horne Road from Ayers Street to Port Avenue for Construction Inspection Services. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contract with Salinas Construction Technologies, Ltd. And to execute Amendment No 2 to a Professional Services Contract with Naismith Engineering, Inc. for Horne Road from Ayers Street to Port Avenue (Bond 2012). BACKGROUND AND FINDINGS: This project includes full depth repair and widening the existing four-lane roadway with an asphalt four lane, continuous left turn lane, and bike lanes to meet the lane width requirements prescribed by the UTMP (Urban Transportation Master Plan). Improvements will include curb and gutter, wide sidewalks, ADA curb ramps, and pavement markings. This project will also include improvements to the wastewater, water, storm water, and gas lines. K:\ENGINEERING\LEGISTAR\9-AUGUST 19\HORNE ROAD\AGENDA MEMO-HORNE ROAD.DOCX On June 11, 2014, the City received proposals from three (3) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Salinas Construction Technologies, Ltd. Pleasanton, Texas $1,884,600.57 Reytec Construction Resources, Inc. Houston, Texas $2,096,828.00 Clark Pipeline Corpus Christi, Texas $2,306,645.47 ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's consultant, Naismith Engineering, Inc., conducted a bid analysis of the three (3) proposals submitted to the City. Naismith Engineering, Inc. determined that the lowest bidder based on the Total Base Bid is Salinas Construction Technologies, Ltd. of Pleasanton, Texas. Based on the information submitted, Salinas Construction Technologies, Ltd. 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 Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Budget $400,000.00 1,195,100.00 $686,600.00 $1,086,600.00 Ordinance $0.00 $25,000.00 $650,000.00 $675,000.00 TOTAL BUDGET 400,000 1,220,100.00 1,336,600.00 2,956,700.00 Encumbered / $400,000.00 $0.00 $0.00 $400,000.00 Expended Amount This item $0.00 936,920.21 947,680.36 $1,884,600.57 (Construction) This item 0.00 104,000.00 0.00 104,000.00 (Amendment) Future Anticipated Expenditures This $0.00 179,179.79 64,577.77 243,757.56 Project BALANCE $0.00 $0.00 324,341.87 324,341.87 K:\ENGINEERING\LEGISTAR\9-AUGUST 19\HORNE ROAD\AGENDA MEMO-HORNE ROAD.DOCX Fund(s): Bond 2012 Prop. One Comments: Additional funding for this project will come from utility project savings and from three existing Bond 2012 projects that will not be constructed until a later date to the extent funding allows. RECOMMENDATION: City staff recommends that the construction contract be awarded to Salinas Construction Technologies, Ltd. of Pleasanton and Texas in the amount of $1,884,600.57 for the Horne Road from Ayers Street to Port Avenue BOND 2012 for the base bid and to execute Amendment No. 2 with Naismith for $104,000. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\9-AUGUST 19\HORNE ROAD\AGENDA MEMO-HORNE ROAD.DOCX Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by adding $25,000 in Gas Capital Improvement Program Reserves from Fund 4551 Gas 2009 CIP Fund; transferring $650,000 from Bond 2012 Project #E12103 Leopard Street from Crosstown to Palm from FY 2015 to Bond 2012 Project E12100 Horne Road from Ayers Street to Port Avenue; increasing expenditures in the amount of $25,000; and authorizing the City Manager or designee to execute a construction contract with Salinas Construction Technologies, Ltd. from Pleasanton, Texas in the amount of $1,884,600.57, for the Bond 2012 Project Horne Road from Ayers Street to Port Avenue for the total base bid and executing Amendment No. 2 to a Professional Services Contract with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $104,000 for restated total price of $365,362.50 for the Bond 2012 Project Horne Road from Ayers Street to Port Avenue for Construction Inspection Services. 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 add $25,000 in Gas Capital Improvement Program Reserves to the Horne Road from Ayers Street to Port Avenue project. SECTION 2. Budgeted funds in the amount of $650,000 are transferred from the Bond 2012 Project #E12103 Leopard Street from Crosstown to Palm from FY 2015 budget to the Horne Road from Ayers Street to Port Avenue project. SECTION 3. The City Manager or designee is authorized to execute a construction contract for the Horne Road from Ayers Street to Port Avenue project for the Total Base Bid in the amount of $1,884,600.57 with Salinas Construction Technologies, Ltd. of Pleasanton, Texas SECTION 4. The City Manager or designee is authorized to execute an Amendment to a Professional Services contract Horne Road from Ayers Street to Port Avenue for construction inspection services in the amount of $104,000.00 for a total re-stated price of $365,362.50 with Naismith Engineering, Inc. of Corpus Christi, Texas ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary 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 votes: 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 Nelda Martinez City Secretary Mayor PROJECT BUDGET ESTIMATE Horne Road from Ayers Street to Port Avenue E12100 BOND 2012 PROJECT FUNDS AVAILABLE: Bond2012................................................................................................... $ 900,000.00 Ordinance (Street Funds)....................................................................................... 650,000.00 Ordinance (Gas Funds)......................................................................................... 25,000.00 Storm Water............................................................................... 458,800.00 Wastewater................................................................................ 103,100.00 FY 2015 Wastewater CIP Request.................................................. 638,400.00 Water.................................................................................. 120,000.00 FY 2015 Water CIP Request.................................................... 48,200.00 Gas.................................................................................. 13,200.00 Utilities........................................................................................................ 1,381,700.00 TOTAL............................................................................................................... 2,956,700.00 FUNDS REQUIRED: Construction (Salinas Construction)..................................................................... 1,884,600.57 Streets................................................................................... 1,133,563.45 Storm Water........................................................................... 243,627.99 Wastewater............................................................................ 369,639.37 Water.................................................................................... 116,834.76 Gas....................................................................................... 20,935.00 Contingency(10%)............................................................................................... 188,460.06 Design Fees: *Engineer(Naismith Engineering), Original and Amendment#1..................................... 261,362.50 Amendment#2 (Naismith Engineering) Construction Inspection............................. 104,000.00 Geotechnical Study and Testing (Kleinfelder).......................................................... 8,500.00 Construction Materials Testing (Kleinfelder) Amendment#1.......................................... 34,350.00 EquipmentPurchase............................................................................................. 2,000.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)................................ 58,634.00 Engineering Services (Project Mgmt/Constr Mgmt/Construction Inspection)..................... 87,951.00 Misc. (Printing, Advertising, etc.).............................................................................. 2,500.00 TOTAL............................................................................................................... 2,632,358.13 ESTIMATED PROJECT BUDGET BALANCE........................................................... $ 324,341.87 *Original Contract approved fj r r r rll �� � !✓ r s � I. i�ku i �, irNj�l/ F E "I" I-OCA"I"IG ` N � . r / � � ' �I���/ ( � 1� iV➢ i;/ � P it " ! J 1 r i r (� {l t s' ,� �/� xP Ar•; /� �I ���'•l��//��� i;. „r ., '��j ' C f}. l al e i Li LOCATION MAP NOT TO SCALE PROJECT# E12100 HORNE ROAD FROM AYERS STREET TO CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PORT AVENUE BOND 2012 PAGE: 1 OF 1 r� O +, O r\, c754 N E \ y u cm mim ^ 1 s V 0 o U a� a� o � a� V � (n CL 0 5- 1�' a.",,II �r-v o �, c-v '� � � `� � ,,,,, +,� � � � � �� '� � � � �` � � � .� � � � � � � �� � � � x `� � ° � ��o � � � � �� ., 0 ;, V r ,�`� ia�, r�;� V `� � � �� 4� ®� 1 _ � �� � �� � 1� 1 "� � �� r �/ ����� � �i� �0� �. �„ �� �� �/ f Poor/ '' �� i G � �r,�, r ��"r� i E; i "'��' � �� �� �7 lei i / r� fir' �U I�11 "��l�r���% Ilf � ��� 1 %/� ' � or��� h �,� l �+U �� � �� 4�4��dr l r/,,�1,°�� �� 9J�u ,,. 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H H o >m } >m } as O 0 O E a) o s o 0 1A am00in > LL > li0 LL U wQ (9Uwaf � w ji CITY OF CORPUS CHRISTI AMENDMENT NO. 2 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and NAISMITH ENGINEERING, INC. hereinafter called "Engineer", agree to the following amendments to the Contract for Engineering Services for Horne Road from Avers Street to Port Avenue (Pro"ect No. E12100) BOND 2012, as authorized and administratively amended by: Original Contract January 29, 2013 :M:o::ti:o::n::N:—o.=M2013-021 E $244,362.50 Amendment No. 1 Au ust 16, 2013 .....j Administrative Approval 1 $17,0100.00 In the Original Contract, Exhibit "A", Section 1. Scope of Services, Part B. Additional Services shall be amended to include Item N'o.1 1. Construction Observation Services as set forth in the attached AMD No. 2, Exhibit "A". In the Original Contract, Exhibit "A", Section 111. Fees, Summary of Fees shall be modified and is attached as AMD No. 2 Exhibit "A"' for a fee not to exceed $104,000.00 (One Hundred Four Thousand Dollars and Zero Cents), for a total restated fee not to exceed $365,362.50 (Three Hundred Sixty Five Thousand Three Hundred Sixty Two Dollars and Fifty Cents). Monthly invoice will be submitted in accordance with Exhibit "B" All other terms and conditions of the January 29, 2013 contract between the City and Engineer, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS, CHRISTI NAIS TH GIERII;N INC. Natasha Fudge, P.E. Date GrAot Jaq$son, V_.W. D e Acting Director of Capital Programs Vice President Q 4501 Gollihar, Road Corpus Christi, TX 78411 RECOMMENDED (361) 814-9900 Office (361) 814-4401 Fax Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney AMD. NO. 2 Page I of 2 KAENGINEERING E)ATAEXCHANGENANGIEMkSTREERE12100 HORNE-AYERS TO PORT BOND 20121AMD NO 2 NAISMITHMD NO.ZDOG Project No. E12100 APPROVED Fund Source No. 550950-3549-00000-E12100 Fund Name: Street CIP BOND 2012 Encumbrance No. Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary AMD.NO.2 Page 2 of 2 MENGINEERING DATAEXCHANGEWNGIEM%STREE"RE12100 HORNE-AYERS TO PORT BOND 20121AMD NO 2 NAISMITH%AMD NO.2.DOC Ak Nal"sm"IthEngineeringInc ARCHrTECTUREN ENGINEERING E ENVIRONMENTAL M SURVEYING TBPr FIRM NO. F-355 . . . TBPLS No. F-100395-00 ESTABLISHED 1949 OVER 60 YEARS OF ENGINEERiNG EXCELLENCE July 23, 2014 James Harris Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 SUBJECT: Contract Amendment Two Horne Road -Ayers Street to Port Avenue (E12100) Bond Issue 2012 Dear Mr. Harris NEI is pleased to offer this proposal to amend our Contract for Professional Services for the above referenced project. As requested' the City, N is proposing to provide a full time inspector for the duration of the Construction Contract to provide Construction Observation Services. The original contract did not include a line item for Construction Observation Services. The Construction Contract is scheduled to be 180 Calendar Days (6 months). We are basing our proposed fee on a 6.5 month period in order to cover any close out items which may be required. Therefore as requested by Engineering Services the total for Amendment Two (based on 6.5 months at 40, hours a week) is $104,000 for a total restated fee of $365,362.50 for the Construction Observation Services. We thank you for your consideration and approval. Should you have any questions, please do not hesitate to call. Very Truly Yours, NAISMITH ENGI EERING, INP. Gran Ja son, Vice President AMD. NO. 2 EXHIBIT"All Pa e I of 2 4501 Gollihar Road. Corpus Christi,TX 78411 10 800-677-2831 361-814-9900 Fax 361-814-4401 ■ naismith-engineenng.comi Horne Road -Ayers Street to Port Avenue Project No. E12100 Bond Issue 2012 SUMMARY OF FEES Naismith Engineering, In ORIGINAL Fees CONTRACT AMD. NO. 1--AMD. N0.2 TOTAL Basic Services _ - -__ ---- - - 1. Preliminary Phase $20,360.00 _ $0.00 $0.00 $20,360.00 2. Design Phase _ $92,822.50 $0.00_ $0.00 - $__92,822.50 3. Bid Phase $8,690.00 $0.00 $0.00 $8,690.00 4. Construction Administration Phase $20,880.00 $0.00 $0.00 $20,880.00 Subtotal Basic Services Fee $142,752.50 $0.00 $0.00 $142,752.50 Additional Services 1. Permit Preparation $6,405.00 $0.00 $0.00 $6,405.00 2. ROW Acquisition Survey --$4,000.00- $0.00 $0.00 $4,000.00 3. Topographic Survey and Parcel Descriptions $16,500.00 $0.00 $0.00 $16,500.00 4. Subsurface Utility Exploration (S.U.E.) $54,500.00 $0.00 $0.00 $54,500.00 5. CCTV Wastewater Lines $7,000.00 $0.00 $0.00 $7,000.00 6. Environmental Issues $0.00 $2,000.00 $0.00 $2,000.00 7. Geotechnical Pavement Section Analysis $5,600.00 $0.00 $01-0-0 $5,600.00 8. Public Involvement $6,280.00 $0.00 $0.00 $6,280.00 9. Warranty Phase $1,325 00 $0.00 $0.00 $1,325.00 10. Evaluate Existing Box Culvert & Design Rehabilitation Measures _ $0.00 $15_,00_0.00 $0.00 $15,000.00 11. Construction Observation Services $0.00 $0.00 $104,000.00 $104,000.00 Subtotal Additional Services Fee $101,610.00 $17,000.00 $104,000.00 $118,610.00 Total Fees $244,362.50 $17,000.00 $104,000.00 $365,362.50 AMD.NO. 2 EXHIBIT"A" Page 2 of 2 d o 0 0 0 0 0 0 0 0 0 0 0 0 \ \ \ \ \ \ \ \ \ \ \ \ \ Il- ti O In 0 0 0 0 0 0 In O M O Q. L E a' a 0 U c�a as coo (a c c c c d O O O O O 00 00 00 00 0 ❑ O O O V O l!7 Ln O > ER � � � H � 4) 0 0 0 0 0 00 64 O O O O m m Of, O O O O 2 (= to t!) f- to L •> > 69. 6et 64 6A L C CL — � Q 0 0 0 0 0 0 0 0 0 a 0 a4 0 o 0 E > Q � ti ao o co o r o o r o p p 0 r 1A m LV ++ r r <o O 6R r 01 O) 01 O O) M r co r r O O N m m M r M V Z C = N C d O O; C7 e= C7 O O; C; I- ~ O W- CM N r � N 61% 6OR M 6OR U U N �0 LU O O Q N C) C)O O O O 66% 69 0 0 0 4 ❑ ❑ 69 6% O 66% aZz � z° w S � 'o "a E- 00 > E � o = S a � 0. x 00000000 a0000coo 00000 O O m H U z a E w ti CO O m 0 0 0 0 v ❑ ❑ Lo uo co r co o 69 m M m m M 0 o rn i CO � � 0 0 N M r Co V �+ to O 'cP 0 0 0 r O O O O O 69 N 6 N MR W M � U N N U ca co N N U y (n u- C� (C a) N H ( n'0 y N o U. � v N a U O m N co cl,L N -C m !C 0 a C fo Q O LL O C N a U C C �` c C 40 � c � fn m w O c = rn Q m (A 0 0 E a o n $ �" `�° a�i c o ❑ o E M a0mw0c/ Qa � � aoc0cnCl) aom < I- M SUPPLIER NUMBER TO BE ASSIGNED& PURCHASING DIVISION City of•• CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Cltru'sti City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seekin to do business witb the City to provide the following information. livery question must be answered. Ithe question is not applicable, answer with' `NA". See reverse side for filing requirements, Certifications and definitions. COMPANY NAME: lwlaisrnith Engineering,Inc. P.0.BOX: 3099 STREET ADDRESS: 4501 Gollihar Road CITY: Corpus Christi ZIP: 78411 FIRM IS: i. Corporation 2. partnership ❑ 3. Sole Owner 4. Association 5. tither l J 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.'" Na a Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm.'" Na e Title 3, State the name's 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 4, State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on an 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,genera 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. Tfte disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be prompt y submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Grant A.Jackson,P.E. Title; 'rice President try of Nnk) Signature of Certifying Bate: �11 al, � Person; DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or dean with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g `.`Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. bus 0 �A AGENDA MEMORANDUM CABPOR 1E Future Item for the City Council Meeting of August 19, 2014 2852 Action Item for the City Council Meeting of August 26, 2014 DATE: July 25, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo @cctexas.com (361) 826-3897 Valerie H. Gray, P.E., Interim Executive Director, Public Works valerieg @cctexas.com (361) 826-1875 FROM: Michael Morris, Director of Parks and Recreation MichaelMo @cctexas.com (361) 826-3464 Natasha Fudge, P. E., Acting Director of Capital Programs natashaf @cctexas.com (361) 826-3504 Engineering Construction Contract Hike and Bike Trail Development - Bear Creek Trail CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by adding $74,969.52 from Fund 4526 Storm Water 2009 Revenue Bond Project Reserves to the Hike and Bike Trail Development Project (Bond 2012); increasing expenditures in the amount of $74,969.52; and authorizing the City Manager, or designee, to execute a construction contract with Gourley Contracting, LLC. of Corpus Christi, Texas in the amount of $1,047,070.40 for the Hike and Bike Trail Development - Bear Creek project for the base bid only (Bond 2012). PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract with Gourley Contracting, LLC. for the Hike and Bike Trail Development - Bear Creek Trail project for the base bid. BACKGROUND AND FINDINGS: This project is one of the Bond Issue 2012 Proposition No. 4 Parks and Recreation Improvements approved by the community in the general election held on November 6, 2012. This project, Hike and Bike Trail Development - Bear Creek Trail is one of two targeted hike and bike trail development projects, the second hike and bike trail, along Schanen Ditch, is currently under design has matching funds (80%/20%) Texas Department of Transportation - Transportation Enhancement Grant. The scope of this project includes the construction of a hike and bike trail along Bear Creek Ditch from Yorktown Boulevard to Oso Creek, providing off road recreational trail experiences and creating connectivity between parks, public spaces and residential areas. This project will be 100 percent ADA accessible and will bring continuity and greater connectivity to the City Hike and Bike Trail System. This project includes the construction of approximately 6,340 feet of 10' wide hike & bike trail along an existing drainage channel. The majority of the trail will consist of decomposed granite surfacing and some concrete paving in areas where storm drainage will sheet flow over the trail into the Bear Creek Ditch. Included in the construction are: site grading, embankment, lime treated subgrade, concrete curb, header curb, trail heads, stained/stamped concrete, pedestrian railing, concrete curb ramps, pavement rehabilitation, and signing and striping. The storm water improvements which are part of this project and benefit the drainage of Bill Witt Park into Bear Creek Ditch include 18"-36" reinforced concrete pipe, safety end treatments, concrete riprap, sloped inlets, and grate inlets. On June 18, 2014, the City received proposal from four (4) bidders and their respective bids are as follows: Contractor Base Bid Gourley Contracting, LLC. Corpus Christi, TX $1,047,070.40 ADK Environmental, Inc. $1,132,083.70 Odem, TX Barcom Construction Corpus Christi, TX $1,307,062.74 Salinas Construction Technologies, Ltd. Pleasanton, TX $4,522,154.85 ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to 2013-2014 Date Current Year Future Years TOTALS Expenditures Line Item Budget 375,000.00 375,000.00 750,000.00 1,500,000.00 (2012) Storm Water CIP 74,969.52 74,969.52 Total Budget this 375,000.00 449,969.52 750,000.00 1,574,969.52 Project Encumbered / 290,000.00 0.00 0.00 290,000.00 Expended Amount This Item 0.00 524,969.52 522,100.88 1,047,070.40 Future Anticipated Expenditures This 0.00 0.00 119,854.59 119,854.59 Project I I BALANCE $85,000.00 $(75,000.00) 1 $108,044.53 $118,044.53 Fund(s): Parks and Recreation Bond 2012, Storm Water CIP Comments: This project requires approximately 180 calendar days with anticipated completion March 2015. This construction contract will result in the expenditure of an amount not to exceed $1,047,070.40. RECOMMENDATION: City Staff recommends approval of the construction contract Gourley Contracting, LLC. of Corpus Christi, Texas in the amount of$1,047,070.40 for the Hike and Bike Trail Development - Bear Creek Trail project for the base bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by adding $74,969.52 from Fund 4526 Storm Water 2009 Revenue Bond Project Reserves to the Hike and Bike Trail Development Project (Bond 2012); increasing expenditures in the amount of $74,969.52; and authorizing the City Manager, or designee, to execute a construction contract with Gourley Contracting, LLC. of Corpus Christi, Texas in the amount of $1,047,070.40 for the Hike and Bike Trail Development - Bear Creek project for the base bid only (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 add $74,969.52 from Fund 4526 Storm Water 2009 Revenue Bond Fund to the Hike and Bike Development Project (Bond 2012). SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of$74,969.52 to the Hike and Bike Development Project (Bond 2012). SECTION 3. The City Manager or designee is authorized to execute a construction contract for the Hike and Bike Development Project (Bond 2012) for the Base Bid in the amount of $1,047,070.40 with Gourley Contracting, LLC. of Corpus Christi, Texas for the construction of the Hike and Bike Trail Development - Bear Creek project. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary 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 Nelda Martinez City Secretary Mayor PROJECT BUDGET ESTIMATE Hike & Bike Trail Development- Bear Creek and Schanen Ditch Hike & Bike Trails (Project No. E12116) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation Bond 2012 - Hike and Bike Trails................................. $1,500,000.00 Storm Water CIP Reserves................................................................... 74,969.52 Total Funding: 1,574,969.52 FUNDS REQUIRED: Construction (Gourley Contracting, LLC)..................................................... 1,047,070.40 Contingency(8%)............................................................................ 83,765.63 Design Fees: *Engineer (Martinez, Guy& Maybik) Schanen Ditch & Bear Creek 221,090.00 Materials Testing Fees (Tolunay-Wong Engineers) 5,564.00 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance)................. 30,000.00 **Engineering Services (Project Mgt/Constr Mgt/Const Inspection)................... 67,434.96 Misc. (Printing, Advertising, etc.)................................................................ 2,000.00 ***TOTAL (Schanen Ditch Hike & Bike Project Budget).............................. $1,456,924.99 ESTIMATED PROJECT BUDGET BALANCE.............................................. $118,044.53 *Original Contract executed March 26, 2013, M2013-056. **Construction Inspection Services will be provided by City Staff. *** Balance of project to be used on Shannon Ditch Hike and Bike Trail to be award Winter 2014. 5 / I I � Iql R ii Y� i rr 1 � d h VII 1 r d�r / � , � ✓rr � ,G '// v , r / B � r � YY r PROJECT LOCATION %r,'�f'% 1 E12116 ! f„ 1 i r r„; F- rr1 ri iii uuuuuu�uum iiii�"u�ii �111111 r CITY COUNCIL EXHIBIT Hike & Bike Trail Development CITY OF CORPUS CHRISTI, TEXAS (Bear Creek Trail) DEPARMENT OF CAPITAL PROGRAMS IL-�77 I PAGE 1 OF 1 4' I Rii, N U ° c754 ct -i-j ` Lo-.41 C: u c E Q •� V O � ~ U � V m � _0 00 c ca 2 �- Ln �� � ^ \® \/m � �\ © � \ 2 � Ln Ln 0 U ° °- — U- m— CL d{ *' O um N > r—+ Z � N � o � V � m o �.l A L a Q U o M V LL U4)U .0 U ° O � un z O CL a� A •� to R-, < \\ @ - � \ ± „ � » » \/m 4-j S k ? S/ q Cl) \ \ ? \ \ 0 C \ \ \ j C IT 7 / / 1- v / / ƒ § R f a & & � } / © » 7 = § a a y % \ r g o ] / / 2 ƒ o : j ) ) G 2 5 ' 6/ 9 \ : k / a. k / ) ± J : 0 � J a ^ 2 / ƒ _ . m § m m /e m w a / ƒ 4 ® w \ § S , S = & ' \ : / 2 I R � / -0 § ® 2 k ® j \ / j ( \ M J § 2 a § G: k j } t \ n 1- a w - : / z 2 0 = .7 ._ eE { 2 \ 2 } \ 2 ° o * � / \ § � o o / o , \ \ j 2 k \ © \ ) % w ~ o 2 } ) > k ) ) 3 2 0 \ [ 2 / ) $ o R � 0 a ƒ / 2 \ \ j @ / / \ w / / i US 0 _ AGENDA MEMORANDUM Future Item for the City Council Meeting of August 19, 2014 xg Action Item for the City Council Meeting of August 26, 2014 DATE: August 5, 2014 TO: Ronald L. Olson, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson @ccredc.com Nominating Valero Refining — Texas, L.P. as a Triple Jumbo Texas Enterprise Project CAPTION: Approving a resolution nominating Valero Refining —Texas, L.P. ("Valero") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a triple jumbo enterprise project pursuant to the Texas Enterprise Zone Act ("Act) PURPOSE: Nominate Valero as a triple jumbo Texas Enterprise Zone project and make them eligible for State sales tax rebates for investments and the retention of jobs. BACKGROUND AND FINDINGS: Under State Law, the Office of the Governor— Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, the purpose of the program is to encourage job creation and retention and capital investment in areas of economic distress. The 78th legislature amended the act to increase participation in the program, decrease paperwork and streamline the process. Under the amended act, communities are no longer required to submit an application and fee to create an enterprise zone; designation of an enterprise zone is automatic based on decennial figures. Areas designated as enterprise zones include census block groups with 20 percent poverty and areas federally designated as Renewal Communities. Previously designated enterprise zones will be designated until their expiration, after which the area would need to meet the 20 percent poverty guideline. A project seeking designation as a Texas Enterprise Zone Project still must seek nomination from the governing body to the Office of the Governor for consideration and designation. Communities participating in the Texas Enterprise Zone Program are required to provide incentives to the project in addition to offering nomination for participation in the Texas Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas Enterprise Zone. A designated project located in the Texas Enterprise Zone must agree to hire at least 25 percent of its employees from the enterprise zone or economically disadvantaged groups and in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. If the project is located outside the zone, the project must agree to hire at least 35 percent of its new employees from the enterprise zone or economically distressed groups. The program allows a refund of$2,500 for each job created or retained. If investment levels are adequate, the local nominating governing body may nominate a project as a Double or Triple Jumbo Project designation, increasing the value per job created or retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75 million. State Law allows each participating community with a population less than 250,000 to nominate up to six projects per biennium and communities with a population more than 250,000 to nominate up to nine projects per biennium. Since City of Corpus Christi's population exceeds the 250,000 threshold, up to nine projects can receive designation during this biennium. A double jumbo project assumes two of the number of projects allowable and a triple assumes three. Thus far, the City has nominated one business for this biennium. This nomination will use two of the City's eight remaining nominations of local businesses. The City of Corpus Christi has nominated a number of projects in the past including the Valero, Bay Ltd, CITGO, Stripes, and Flint Hills Resources. To date, the designated enterprise zone projects have resulted in at least$2 billion in investment in Corpus Christi. This local capital investment represents a significant portion of all of the combined capital investment made in enterprise zones across the state. Valero currently owns and operates an integrated refinery in Corpus Christi, known as the Bill Greehey Complex, which is actually two plants. The West Plant is considered one of the most complex refineries in the world and specializes in the production of environmentally clean fuels and products, primarily RFG and ultra-low-sulfur diesel. The East Plant, located less than a mile from the West Plant, is capable of processing heavy, high-sulfur crude oil into light products, asphalt and petroleum coke. Combined, the East and West plant facilities have a total feedstock throughput capacity of about 325,000 BPD. Over the next five (5) years, Valero anticipates investing approximately $650 million in capital improvement projects at the Corpus Christi refinery aimed at reaching a higher level of production capacity and operational efficiency. Included in the capital investment is approximately $340 million to construct a new crude processing unit capable of processing approximately 70,000 BPD of light sweet crude. This investment will allow the Corpus Christi refinery the ability to reduce its purchases of higher-priced intermediate feed stocks from third- party suppliers in lieu of more favorably priced Eagle Ford crude, from which the refinery can produce and then process its own intermediates. The planned refinery upgrades come as part of Valero's plan to continue capitalizing on the benefits of economically attractive and advantageously located light tight oil (LTO) production from North American shale plays, specifically the Eagle Ford Shale. As a result of these investments, Valero expects to maintain the existing level of employment at its Corpus Christi refinery complex. This capital investment and retention of jobs represent the basis for this triple jumbo enterprise project nomination. This capital investment and retention of jobs represent the basis for this triple jumbo enterprise project nomination. ALTERNATIVES: Due to State statute no other entity can be the nominating authority. The City can choose not to nominate the company. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to City policy of promoting economic development, attracting primary jobs to the area, and is regional in scope. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund: Comments: This incentive is a rebate of the State's portion of the sales tax and does not affect the City in anyway. RECOMMENDATION: Staff recommends approval of the Resolution to nominate Valero Refining — Texas, L.P. as a triple jumbo Enterprise Project, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution —Valero TEZ Page 1 of 3 Resolution nominating Valero Refining — Texas L.P. ("Valero") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a triple jumbo enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). WHEREAS, the City of Corpus Christi ("City") has previously passed on August 26, 2014, Ordinance No. electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this Resolution are the same on this date as were outlined in Ordinance No. ; WHEREAS, the EDT through the Bank will consider Valero as a triple jumbo enterprise project pursuant to a nomination and an application made by the City; WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, pursuant to the Act, Valero has applied to the City for designation as a triple jumbo enterprise project; and WHEREAS, the City finds that Valero meets the criteria for designation as a double jumbo enterprise project under the Act on the following grounds- 1. Valero is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site located in an enterprise zone and at least twenty-five percent (25.0%) of the business' new employees will be residents of an enterprise zone or economically disadvantaged individuals; 2. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 3. The designation of Valero as a triple jumbo enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; WHEREAS, the City finds that Valero meets the criteria for tax relief and other incentives adopted by the City and nominates Valero for triple jumbo enterprise project status on the grounds that it will be located at a qualified business site and will create a higher level of employment, economic activity, and stability; and WHEREAS, the City finds that it is in the best interest of the City to nominate Valero as a triple jumbo enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Page 2 of 3 SECTION 1. That the findings of the City Council and its actions approving this Resolution taken at the council meeting on August 26, 2014, are hereby approved and adopted. SECTION 2. That Valero is a "qualified business" as defined in Section 2303.402 of the Act and meets the criteria for designation as a triple jumbo enterprise project as set forth in the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the EDT and terminate 5 years after the date of designation. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Page 3 of 3 Corpus Christi, Texas of 2014 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: August 26, 2014 Agenda Item: Resolution nominating Valero Refining —Texas L.P. ("Valero") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a triple jumbo enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). Amount Required: $ NA Fund Name Account No. Fund No. Org. No. Project No. Amount Total $ ® Certification Not Required Director of Financial Services Date: d AGENDA MEMORANDUM M�aaP© a,EO Future Item for the City Council Meeting of August 19, 2014 1852 Action Item for the City Council Meeting of August 26, 2014 DATE: August 5, 2014 TO: Ronald L. Olson, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson @ccredc.com Nominating M & G Resins USA, LLC as a Double Jumbo Texas Enterprise Zone Project CAPTION: Approving a resolution nominating M & G Resins USA, LLC ("M & G") to the Office of the Governor Economic Development &Tourism ("EDT") through the Economic Development Bank ("Bank") as a double jumbo enterprise project pursuant to the Texas Enterprise Zone Act ("Act) PURPOSE: Nominate M & G as a double jumbo Texas Enterprise Zone project and make them eligible for State sales tax rebates for investments and the creation of jobs. BACKGROUND AND FINDINGS: Under State Law, the Office of the Governor - Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, the purpose of the program is to encourage job creation and retention and capital investment in areas of economic distress. The 78th legislature amended the act to increase participation in the program, decrease paperwork and streamline the process. Under the amended act, communities are no longer required to submit an application and fee to create an enterprise zone; designation of an enterprise zone is automatic based on decennial figures. Areas designated as enterprise zones include census block groups with 20 percent poverty and areas federally designated as Renewal Communities. Previously designated enterprise zones will be designated until their expiration, after which the area would need to meet the 20 percent poverty guideline. A project seeking designation as a Texas Enterprise Zone Project still must seek nomination from the governing body to the Office of the Governor for consideration and designation. A designated project located in the Texas Enterprise Zone must agree to hire at least 25 percent of its employees from the enterprise zone or economically disadvantaged groups and in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. This project is located within an Enterprise Zone. The program allows a refund of$2,500 for each job created or retained. If investment levels are adequate, the local nominating governing body may nominate a project as a Double or Triple Jumbo Project designation, increasing the value per job created or retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75 million. The maximum refund that a business may receive is for 500 employees. If a company has more than 500 employees it can request a designation to receive rebates for those employees over 500. To do this they must have another investment over and above the original designation. State Law allows each participating community with a population less than 250,000 to nominate up to six projects per biennium and communities with a population more than 250,000 to nominate up to nine projects per biennium. Since City of Corpus Christi's population exceeds the 250,000 threshold, up to nine projects can receive designation during this biennium. A double jumbo project assumes two of the number of projects allowable and a triple assumes three. This nomination will use two of the City's nine nominations of local businesses. The City of Corpus Christi has nominated a number of projects in the past including the Valero, Bay Ltd, CITGO, Stripes, Flint Hills Resources, and TPCO. To date, the designated enterprise zone projects have resulted in at least$2.278 billion in investment in Corpus Christi. This local capital investment represents a significant portion of all of the combined capital investment made in enterprise zones across the state. M & G Group is a family owned chemical engineering and manufacturing group headquartered in Tortona, Italy. The company operates in the PET resin industry through its wholly-owned holding company Mossi & Ghisolfi International S.A. (M&G International). M & G International is the third largest producer of PET resin for packaging applications in the world, with a production capacity in 2010 of approximately 1.6 million tons per annum. M & G Group currently has three plants located in Italy, Brazil, and West Virginia. They are looking to expand their production. The company will invest approximately $751 million to purchase the land, construct their facilities, infrastructure, equipment and personal property. Company is projecting a 36 month construction period following approval of their air permit from TCEQ. ALTERNATIVES: Due to State statute only the City can be the nominating authority. OTHER CONSIDERATIONS: Corpus Christi has nine designations for the current biennium and has used none. CONFORMITY TO CITY POLICY: This conforms to City policy of promoting economic development, attracting primary jobs to the area, and is regional in scope. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund: RECOMMENDATION: Staff recommends approval of the resolution to nominate M & G Resins USA, LLC as a double jumbo Enterprise Project, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution — M & G TEZ Page 1 of 3 Resolution nominating M & G Resins USA, LLC ("M & G") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a double jumbo enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). WHEREAS, the City of Corpus Christi ("City") has previously passed on August 26, 2014, Ordinance No. electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this Resolution are the same on this date as were outlined in Ordinance No. ; WHEREAS, the EDT through the Bank will consider M & G as a double jumbo enterprise project pursuant to a nomination and an application made by the City; WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, pursuant to the Act, M & G has applied to the City for designation as a double jumbo enterprise project; and WHEREAS, the City finds that M & G, located at 7001 Joe Fulton International Corridor, Corpus Christi, Texas 78409, meets the criteria for designation as a double jumbo enterprise project under the Act on the following grounds- 1. M & G is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site located in an enterprise zone and at least twenty-five percent (25.0%) of the business' new employees will be residents of an enterprise zone or economically disadvantaged individuals; 2. M & G is located in an enterprise zone, which is in Census Tract 63, Block Group 1, as defined by the most recent federal decennial census available at the time of designation, in which at least 20 percent of the residents of the block group have an income at or below 100 percent of the federal poverty level; 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 4. The designation of M & G as a double jumbo enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; WHEREAS, the City finds that M & G meets the criteria for tax relief and other incentives adopted by the City and nominates M & G for double jumbo enterprise Page 2 of 3 project status on the grounds that it will be located at a qualified business site and will create a higher level of employment, economic activity, and stability; and WHEREAS, the City finds that it is in the best interest of the City to nominate M & G as a double jumbo enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Resolution taken at the council meeting on August 26, 2014, are hereby approved and adopted. SECTION 2. That M & G is a "qualified business" as defined in Section 2303.402 of the Act and meets the criteria for designation as a double jumbo enterprise project as set forth in the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the EDT and terminate 5 years after the date of designation. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Page 3 of 3 Corpus Christi, Texas of 2014 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott d AGENDA MEMORANDUM M�aaP© a,EO Future Item for the City Council Meeting of August 19, 2014 1852 Action Item for the City Council Meeting of August 26, 2014 DATE: August 5, 2014 TO: Ronald L. Olson, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson @ccredc.com Nominating Equistar Chemicals, LP as a Double Jumbo Texas Enterprise Project CAPTION: Approving a resolution nominating Equistar Chemicals, LP ("Equistar") to the Office of the Governor Economic Development &Tourism ("EDT") through the Economic Development Bank ("Bank") as a double jumbo enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). PURPOSE: Nominate Equistar as a double jumbo Texas Enterprise Zone project and make them eligible for State sales tax rebates for investments and the creation and retention of jobs. BACKGROUND AND FINDINGS: Under State Law, the Office of the Governor— Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, the purpose of the program is to encourage job creation and retention and capital investment in areas of economic distress. The 78th legislature amended the act to increase participation in the program, decrease paperwork and streamline the process. Under the amended act, communities are no longer required to submit an application and fee to create an enterprise zone; designation of an enterprise zone is automatic based on decennial figures. Areas designated as enterprise zones include census block groups with 20 percent poverty and areas federally designated as Renewal Communities. Previously designated enterprise zones will be designated until their expiration, after which the area would need to meet the 20 percent poverty guideline. A project seeking designation as a Texas Enterprise Zone Project still must seek nomination from the governing body to the Office of the Governor for consideration and designation. Communities participating in the Texas Enterprise Zone Program are required to provide incentives to the project in addition to offering nomination for participation in the Texas Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas Enterprise Zone. A designated project located in the Texas Enterprise Zone must agree to hire at least 25 percent of its employees from the enterprise zone or economically disadvantaged groups and in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. If the project is located outside the zone, the project must agree to hire at least 35 percent of its new employees from the enterprise zone or economically distressed groups. The program allows a refund of$2,500 for each job created or retained. If investment levels are adequate, the local nominating governing body may nominate a project as a Double or Triple Jumbo Project designation, increasing the value per job created or retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75 million. State Law allows each participating community with a population less than 250,000 to nominate up to six projects per biennium and communities with a population more than 250,000 to nominate up to nine projects per biennium. Since City of Corpus Christi's population exceeds the 250,000 threshold, up to nine projects can receive designation during this biennium. A double jumbo project assumes two of the number of projects allowable and a triple assumes three. Thus far, the City has nominated one business for this biennium. This nomination will use two of the City's eight remaining nominations of local businesses. The City of Corpus Christi has nominated a number of projects in the past including the Valero, Bay Ltd, CITGO, Stripes, and Flint Hills Resources. To date, the designated enterprise zone projects have resulted in at least $2 billion in investment in Corpus Christi. This local capital investment represents a significant portion of all of the combined capital investment made in enterprise zones across the state. The Lyondellbasell Corpus Christi Olefins complex began ethylene production in July 1980 as the Corpus Christi Petrochemical Company (CCPC), a Joint Venture between ICI, Solvay, and Champlin (Union Pacific). Originally designed to process liquid hydrocarbons, the plant was modified in 1982 to allow ethane and propane processing, and the facility's ability to process a wide range of feedstocks remains a major advantage to this day. The facility received its first OSHA STAR Certification in 1986 and has maintained that distinction since that time. After a brief period of ownership by Cain Chemicals, in 1988 the facility was purchased by Occidental Petroleum and in the next few years the cogeneration facility and new processing capacity was added. The facility changed ownership again in 1998 with the formation of Equistar Chemicals, a joint venture that was eventually wholly owned by Lyondell. When Lyondell was purchased by Basell AF at the end of 2007, the site became part of the newly-formed Lyondellbasell. The facility still operates under the Equistar Chemicals, LP ("Equistar") legal entity, however. The Equistar site utilizes 15 "steam cracking" furnaces to react available hydrocarbons, currently domestically produced, into valuable chemicals ranging from ethylene and propylene, which are building blocks for plastics, to liquid hydrocarbons that are used as components in gasoline or for other industrial uses. This project will modify 7 of the furnaces to double their capacity to process the available ethane from domestic gas, and upgrade all 15 of the furnaces to reduce emissions per pound to the environment. Processing the additional ethane will require new distillation columns, modification to existing and new internals in several other columns, new and modified compressors (some as large as 59,000 hp), new reactors, and several new pumps, exchangers, drums, and ancillary equipment pieces. The cooling tower and onsite wastewater treatment capacities will increase as well, with a concurrent increase in the ability of the site to recycle and reuse any additional wastewater generated. Equistar expects to spend over $500 million on the project. The project will enable Equistar to retain the existing 196 jobs while adding approximately 18 new positions/jobs once the project is complete. This capital investment, as well as the creation and retention of jobs represent the basis for this double jumbo enterprise project nomination. ALTERNATIVES: Due to State statute no other entity can be the nominating authority. The City can choose not to nominate the company. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to City policy of promoting economic development, attracting primary jobs to the area, and is regional in scope. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funds: Comments: This incentive is a rebate of the State's portion of the sales tax and does not affect the City in anyway. RECOMMENDATION: Staff recommends approval of the Resolution to nominate Equistar Chemicals, LP as a double jumbo Enterprise Project, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution — Equistar TEZ Page 1 of 3 Resolution nominating Equistar Chemicals, LP ("Equistar") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a double jumbo enterprise project pursuant to the Texas Enterprise Zone Act ("Act"). WHEREAS, the City of Corpus Christi ("City") has previously passed on August 26, 2014, Ordinance No. electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this Resolution are the same on this date as were outlined in Ordinance No. ; WHEREAS, the EDT through the Bank will consider Equistar as a double jumbo enterprise project pursuant to a nomination and an application made by the City; WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, pursuant to the Act, Equistar has applied to the City for designation as a double jumbo enterprise project; and WHEREAS, the City finds that Equistar, located at 1501 McKinzie Road, Corpus Christi, Texas 78410, meets the criteria for designation as a double jumbo enterprise project under the Act on the following grounds- 1. Equistar is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site within the governing body's jurisdiction located outside of an enterprise zone and at least thirty-five percent (35.0%) of the business' new employees will be residents of an enterprise zone or economically disadvantaged individuals; and 2. Equistar is located in Census Tract 36.02, Block Group 2, as defined by the most recent federal decennial census available at the time of designation; and 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 4. The designation of Equistar as a double jumbo enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; WHEREAS, the City finds that Equistar meets the criteria for tax relief and other incentives adopted by the City and nominates Equistar for double jumbo enterprise project status on the grounds that it will be located at a qualified business site and will create a higher level of employment, economic activity, and stability; and Page 2 of 3 WHEREAS, the City finds that it is in the best interest of the City to nominate Equistar as a double jumbo enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Resolution taken at the council meeting on August 19, 2014, are hereby approved and adopted. SECTION 2. That Equistar is a "qualified business" as defined in Section 2303.402 of the Act and meets the criteria for designation as a double jumbo enterprise project as set forth in the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the EDT and terminate 5 years after the date of designation. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Page 3 of 3 Corpus Christi, Texas of 2014 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Us 0 _ AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 19, 2014 xg Second Reading Ordinance for the City Council Meeting of August 26, 2014 DATE: July 24, 2014 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, ACM — Business Support Services WesP @cctexas.com (361) 826-3082 Motion to extend and modify terms of Professional Services Management Agreement with CCMJV for the operation of the Corpus Christi Museum of Science and History. CAPTION: Motion authorizing the City Manager or his designee to extend and modify terms of Professional Services Management Agreement with CCMJV for the operation of the Corpus Christi Museum of Science and History. PURPOSE: The purpose of this item is to extend the Professional Service Management Agreement with Corpus Christi Museum Joint Venture (CCMJV) until September 2017 and update terms of the Agreement as agreed upon by the City and CCMJV. BACKGROUND AND FINDINGS: In 2012, the City entered into a Management Agreement with Corpus Christi Museum Joint Ventures for the operations of the Corpus Christi Museum of Science & History. The results have been positive, as was communicated in the February 2014 update to Council. At that time, Council directed staff to extend the current agreement for an additional 3 years, with options for the subsequent 2 that were authorized in the 2012 Professional Services Management Agreement. During the term of the current Agreement, CCMJV and Staff have made note of items that could be amended at the end of the term. Staff has amended those items in the attachment. ALTERNATIVES: Alternatives include not extending this agreement. OTHER CONSIDERATIONS: CCMJV has performed in accordance with the agreement and continues their commitment to the future of the Museum with this extension. CONFORMITY TO CITY POLICY: EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,209,140 $ 2,418,280 $3,627,420 Encumbered / Expended Amount This item BALANCE $1,209,140 $ 2,418,280 $3,627,420 Fund(s): General Fund, Museum Comments: The line item budget for museum operations for FY 2015-2017 will be maintained at the approved fiscal year 2012 level. The management agreement requires CCMJV to cover over $1,209,140 dollars in operational expenses per year. The remaining expense is associated with the City's self-insurance obligations to cover City property and will be the responsibility of the City. RECOMMENDATION: Staff recommends approval of the amendments and extension of the agreement. LIST OF SUPPORTING DOCUMENTS: Amendments — Museum Management Agreement Original 2012 Management Agreement AM ENDM ENT TO AND DM3\13ON OF THE PROFESSIONAL SERACEM ANAGEM ENT AGFEEM ENT FOR THECORPUSCHRISn MU,93JM OFSOENCEAND HISTORYBE EEN THEOTYOFODRPUSCHRISn AND OORPUSCHRISn MU33JM 01 NT VENTURELLC This amends and extends the Professional Service Management Agreement for the Corpus Christi M useum of �bence and History between The City of Corpus Christi ("Oty"), a Texas home rule municipal corporation,and Corpus Christi Museum Joint Venture, LLC("OCMJV"),a Texas I i mited liability company, dated August 2,2012("the Agreement").This document will be referred to hereafter as the Amended Agreement. NOW,THER TUE� in consideration of the mutual covenants herein,the Parties agree to amend the PFUBSIONALSERVICEMANAGRA ENT AGF ERA ENT as follows: AmendmentstoArtide 1,Definitions. A The defined term Auxiliary is stricken.All references throughout the Agreement to the Auxiliary of Corpus Christi M useum are stricken, as such entity no longer exists. B. The period of the"Fiscal Year" is amended to begin on October 1 of a calendar year and end on September 30 of the following calendar year. C The term"Gross Fbvenue Benchmark" is amended to reference the amount of$347,231 for the 2015,2016, and 2017 Fiscal Years. Amendmentsto Artide 2, Introduction. A The Term of the Amended Agreement is September 1,2014 through September 30,2017, replacing the Term in Section 2.1.The Amended Agreement maybe extended for two 1-year terms at the mutual agreement of the parties. B. Insofar as necessary,the parties mutually agree to waive the 5-year required maximum extension term in section 2.2 to allow this 37-month extension to take effect. Amendments to Artide 3,Management and Operation of Premises and Personal Property. A The references to the Vehicle and Forklift in section 3.2 are stricken, as they have been removed from the premises. B. Section 3.5 is amended to allow the operation of the Museum for extended hours due to special events and rentals without advance notice to the City; however,these special extended hours are not intended to become regular or daily events and this permission shall be subject to periodic review by the City to ensure compliance. Amendments toArtide 5,Operations. A The Operation Sipport Payment for each fiscal year of the Amended Agreement will be $1,209,140.This amount is prorated for the month of September 2014. B. F;bferencesto the vehicle and forklift in section 5.4 are stricken. C The time of the proportionate year clause mentioned in section 5.9 is updated to refer to the month of September 2014 in the Amended Agreement instead of August 2014 in the Agreement, due to the change in the City'sfiscal year during 2014. Amendment to Article 11,Admissions. Admission rates in section 11.1 and Exhibit "H' of the Agreement are amended to those rates in Exhibit"A' to the Amended Agreement, attached hereto and incorporated herein for all purposes. Amendment to Article 13,Facility ImprovementsandAlteration& The Facility Improvement Ran referred to in section 13.2 will be submitted in the Annual Plan referenced in section 27 for each fiscal year of the Amended Agreement. Amendment to Article 14, Engneering, Structural and Layout Studies. The references to the Structural Engineering Fbport are stricken. Amendment to Article 19,Governance. Section 19.1 is amended as: The M useum shall be operated under the organizational chart set out in Exhibit"B' to the Amended Agreement, (revised 7/14)attached hereto and incorporated herein for all purposes. The Governance may be changed by OCM JVat its discretion, as deemed necessary for successful Museum management and to fulfill the mission of the museum,after recommendation to the City Manager or his designee and subsequent written approval. Amendments to Article 20,Rc)les. Article 20 is revised as follows: 20.1 Advisory Board. The Advisory Board shall serve as an advisor to OCMJVand to the City in matters of support and development of the Museum.The board may adopt policies relating to the management of collections, accession of objectsfor the collections, disposition and deaccession of objects in and for the collections. Any dispute with OCMJV and the Advisory Board shall be reviewed by the City Manager. The City Manager shall make the final decision regarding policy. 20.2 Museum Executive Director. The Museum Executive Director("Director")will serve under and on behalf of the OCMJVas Director and General Manager for the Museum managing all aspects of the museum including itsfinances, marketing,fund raising and revenue generating operations. The Director is also responsible for all core aspects of Museum operations including visitor experience,exhibits, collection, maintenance,educational programs, accreditation and certifications. It isthe Director's responsibility to operate the Museum according to best Museum practices such that both accreditations by the AAM (reviewed in 2017)and archeological repository certification by the THC(reviewed in 2015) will be sustained.The Director ensuresthat the M useum operates in a manner that ensuresthat environmental and security standards associated with collection preservation continues to be maintained. 20.3 Museum Collection Manager. The Museum Collection Manager maintains collection catalog and object files and makesthe collection catalog data publicly accessible.The Museum Collection Manager also supervises collection care for objects in storage, on exhibit,on loan,and ongoing collection inventory. Supervision of the collection includes monitoring environmental conditions in storage areas, making conservation recommendations and actively pursuing grants that benefit collections care and use. Furthermore,the Museum Collection Manager serves as a member of every exhibit development team to make certain that collections are integrated appropriately into exhibits and proper safeguards are in place for object preservation.The Museum Collections Manager can support the work of staff,volunteers, and researchers working with the collection and work with honorary curators,adjunct curators,and collection committee to develop collection management policies and procedures. 20.4 Museum Registrar. The Museum Registrar position maybe combined with the Museum Collection Manager position. The Museum Registrar is responsible for accession of new acquisitions, assess condition, maintaining accession records, processing deaccessions and maintaining loans. Furthermore, Museum Registrar is responsible for maintaining a record of values for insurance and maintaining a graphic record of significant objects.The Museum Registrar also supervises and performs inventory of collections and data entry into collection catalog.Additionally, Museum Registrar serves as a member of exhibit development team to make certain that collectionsare integrated appropriately into exhibits and proper safeguards are in place for object preservation. The Museum Registrar can supervise and train volunteers and staff in proper methods of handling objects, in data entry work in proper inventory processes. 20.5 Museum Education Director.The Museum Education Director is responsible for leading the education program development and delivery team for adults and students.The Museum Education Director also develops and presents educationally based programs for the public, special interest groups and school tours. Furthermore,the Museum Education Director serves as a member of every exhibit development team to make certain that the educational content,visitor experience and needs of the school audience are addressed.The Museum Education Director can work individually with teachers, group leaders,and event planners to provide excellent customer service. The Museum Education Director can also recruit train, schedule and supervise staff and volunteers to provide needed programming. 20.6 Exhibit Manager. The Exhibit Manager will be responsible for exhibit planning including the development, installation, implementation, oversight and maintenance for all exhibits aswell as developing temporary, rotating exhibits and exhibit rental. The Exhibit Project Manager is also responsible for assuring safety and security of collection objects from harm due to light, dust, heat,and visitors. Amendmentsto Article 21, Professional Staff. A Section 21.1 is revised as follows: CCMJV shall maintain a professional staff as deemed necessary by the Museum Director to assure the success of the museum and achieve its mission. In addition to the mandatory position of Museum Executive Director,the following positions are required: Education Director, Collection Manager/F;bgistrar, Exhibit Manager, and Maintenance'sipervisor. B. Section 21.3 is revised as follows: CCM,V shall only hire professional staff that meets the following qualifications for key staff positions: (A) Museum Executive Director's Minimum Qualifications. The Museum Executive Director shall have a minimum of a bachelor's degree and extensive experience in Business, Business Development, and Management including a minimum of five(5)years in a key leadership position with museum based experience. (B) Museum Collection Manager Minimum Qualifications. The Museum Collection Manager must have a bachelor's degree or higher in M useum studies, natural history, history, or anthropology field that relates to the collections of the Museum.This position requires(2)two years' professional experience in a M useum or comparable facility; or any equivalent combination of training, education or experience. (C) Museum Registrar Minimum Qualifications. Museum Registrar must have a Bachelor's degree in Museum studies or other related field with prior work experience as a registrar or similar position. This position requires(2)two years' Museum work experience or work in a comparable facility; or any equivalent combination of training, education, or experience. (D) Museum Education Director Minimum Qualifications. The Museum Education Director must have a master's degree in Education or related field. This position requires management experience in two(2)years' experience working in a M useum or comparable facility; or any equivalent combination of training, education and experience. (E) Exhibit Manager Minimum Qualifications. The Exhibit Manager must have a minimum of a bachelor degree in a related study and exhibit development, design and exhibit management experience. This position requires two(2)years' work experience in a Museum or comparable facility; or any equivalent combination of training, education, and experience. Amendment to Article 23, Prohibited Transactions and Benefits. Section 23.1 is stricken in its entirety. Amendments to Artide 24, Revenue. A SBct ion 24.1 is amended to require deposit of revenues on a monthly basis, due on the 5th day of the following month or the following Monday if the 5th day falls on a weekend or city holiday. B. OCJVIV is required to generate a gross revenue of$347,241 for each fiscal year of the Amended Agreement under section 24.4. C The time of the proportionate year clause mentioned in section 24.5 is updated to refer to the month of SBptember 2014 in the Amended Agreement instead of August 2014 in the Agreement, due to the change in the Qty'sfiscal year during 2014. Amendment to Article 27,Reporting Obligations. Article 27 is stricken in its entirety except for the title and the following amended article is adopted: 27.1 Annual Reporting Requirements a. Annual Plan. At least thirty(30)days prior to the beginning of each Fiscal Year, OCIVIN shall, at its sole expense, prepare and submit to the Qty Manager an Annual Plan. The City Manager shall present this plan to the Qty Council as an informational item.The Annual Plan shall, at a minimum, present: 1. The Facility Improvement Plan for the Museum, 2. An evaluation of existing exhibits, 3. Adescription of major programmatic changes planned � thgymfortheensuing year; and 4. Any proposed changes in fees at the M useum. b. Annual Report for Financial Accountincc On or before September 1 of each year throughout the Term of the Amended Agreement, C CM N shat I at its sole expense, prepare and submit to the Qty Manager for his or her review, the Annual Peport. This report will provide- 1. A general summary of the Museum's operations, 2. A complete financial accountingfor all funds, including major mai ntenance f undi ng; 3. AIistingof all capital i nvest ments made at the Museum; 4. An evaluation of OCMJV's performance in the area of customer service; and 5. The Et hics Report outlined in Art ide 29.2 of the Agreement. c. Annual Independent Audit. Within sixty(60)days after the end of each Fiscal Year, CCMJV shall arrange for an audit of its books and records by an independent, certified public accountant; this audit shall be conducted at 0CMJV's sole cost and expense and shall cover the previous Fiscal Year. OCIVI Vshall deliver to the Qty Manager an original, signed copy of each such annual audit, by the earlier of: (1)thirty(30)days after the completion of such auditor; or (2)ninety(90)days after the end of the Fiscal Year covered by such audit. d. Reconciliation of Accounts. Within sixty(60)days after the end of each Fiscal Year, OCIVIJV shall reconcile: 1. the Fevenue Account, 2. Operation Support Account, and 3. Collection Fund Account for each Fiscal Year. 27.2 Quarterly Reporting Requirements. OCIVI V shall, at its sole expense, prepare and submit to the Qty Manager and present to the Museum Advisory Board a quarterly report setting forth a summary of attendance, operations and services provided by OCMJV at the Museum for the preceding quarter. This quarterly Report will also include upcoming events at the Museum for the ensuing quarter. 27.3 Monthly Reporting Requirements. OCMJV shall, at its sole expense, prepare and submit to the Qty Manager and Finance Department a monthly report outlining the finances of the Museum for the previous month. This report shall indude a summary of revenue from various sources and an accounting of costs.As outlined previously in Art ide 24, Revenue, C CMN shall submit monthly a summary of revenue and accounting of costs. The Amended Agreement takes effect on the latest date that either party executes the Amended Agreement. Any provision of the Agreement that is not expressly amended by the Amended Agreement remains unchanged and in full force and effect. IN VVITNESSWHE;EOF,the parties have executed thisAmended Agreement as of the day and year above written. CORPUSCHRsn Mus3JM CITYOFODF;FUSCHRISn JDI NT VENTURE 11C By: By: Date: Date: Approved by City Attorney's Office: PROFESSIONAL SERVICE MANAGEMENT AGREEMENT FOR THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY BETWEEN CITY OF CORPUS CHRISTI AND CORPUS CHRISTI MUSEUM JOINT VENTURE 2012-270 8/21/12 1 M2012-156 CC Museum Joint Venture INDEXED ' -- ---'----------- ' ' ' ` ^ � ARTICLE DEFINITIONS Board,.........................................................................................................................................l4 "Affiliate..---------------_--------------.---.------.--.------..l4 "Annual ----------.—.—.--.-------'--------------.—.--.-----l4 °1A,AJM�3................................................................................................................... ....................................l4 "Auxiliary._—_---_._._.--._-----_.—_—_._—_._—_---_.—_l4 "Business Day............................................................................................................................................l4 "Capital Campaign..------.--_-------_.----_-_._—_—_----.—.—l4 "Code.".—.—.—.—.-----------------------------------.—..--------..l4 "City. ._—_---.----_--_--------._------.--_—_._--.--'l4 � "City Council................................................................................................................................................l5 "City Documents.........................................................................................................................................l5 "City --------_—_-------__._.-------------.—.—l5 "Collection Committee.`...............................................................................................................................l5 "Collection Fund".................................................................................. ....................................................l5 "Depository..................................................................................................................................................l5 "Effective Date............................................................................................................................................l5 "Emergency Expenditure.'--------.—.---.—.---------------------.-----l5 TransitionPlan..........................................................................................................................l5 "Facility Improvement Expenditures...........................................................................................................l5 ~Firot-Cbaeo^................................................................................................................................................l5 "Fiscal Yee................................................................................................................................................l6 "Friends oIthe Museum,............................................................................................................................l0 "General Manager........................................................................................................................................l6 "Gross Revenue...........................................................................................................................................l6 "Gross Revenue Benchmark............................................ ............................................................... ...........l6 "Gross Revenue ...... ..................................................................................................................l6 "Internal Strategic Ubjectbxeo..----------.----------------------------.]6 -Lou8_uau8e Plan''.....................................................................................................................................l? "Management Fees^ ....................................................................................................................................l7 "Museum^...................................................................................................................................................l7 2 "Museum Collection".............................................................•--..................................................................17 "Museum Collection Manager"............................................:.......................................•--......•----.................17 "Museum Department"...............................................................................................................................17 "Museum Director".............................................................................................•---------------•------.................17 "Museum's Mission"...................................................................................................................................17 "Museum Purposes"....................................................................................................................................17 "Operating Expenses"...................................................................................................................•---..........17 „Operations Manual.....................................................................................................................................18 "Operating Support Payment".....................................................................................................................18 ,Outside Caterers"......................................................................................•-•--------------------..........................18 ,Outside Catering Agreement.....................................................................................................................18 "Parking Lots".........................................................................................................................................•---18 "Personal Property Expenditures"...............................................................................................................18 "Preexisting Condition"..............................................................................................................................18 "Premises"...............................................................................................................•---------•---......................19 "Property"............................................................................................................................•.:.....................19 "Routine Repair and Maintenance".............................................................................................................19 "Transferred Employees"............................................................................................................................19 "THC.---•.....................................................................................................••---------.....................................19 ARTICLE 2 INTRODUCTION 2.1 Term.................................................................................................................................................19 2.2 Option to Extend Terms.....................•---......------.....................................................-•-----•--...............19 2.3 Grant of Authority. ..........................................................................................................................19 2.4 Nature of Relationship.....................................................................................................................19 2.5 Contract Administrator....................................................................................................................19 ARTICLE 3 MANAGEMENT AND OPERATION OF PREMISES AND PERSONAL PROPERTY 3.1 Premises........................................................................................................•..................................20 3.2 Personal Property............................................................................................................................20 (a) Vehicle and Forklift Assigned to Museum..................................................................................20 3.3 Use of the Premises..........................................................................------------......... .......................----20 (a) Required Use..................................................... ....................................................................20 3 /b\ Prohibited Use......................................................................................................................... —�U (c) No Illegal Uses or Nuisances......................................................................................................20 3'4 Parking Lot Use...............................................................................................................................2l 3.5 Occupancy Hours............................................................................................................................. ARTICLE EXISTING THIRD-PARTY AGREEMENTS 4.1 BxistinoIb -----------------.-----.—.---------2l ARTICLE OPERATIONS ' 5.1 CCMJV --------------.-------------.—.---------.2l 5.2 Museum Mission...............................................................................................................................22 (a) Internal Objectives.......................................................................................................22 5.3 City ----.----_._--.----__----.--_-22 (a) Operations Account.....................................................................................................................22 (h) Operation Support Payment._—_—_----.---_.-----._—_------23 . (c) Advancing of Funds for —__—..--------._--'_—_'-'.23- (d) Modification of Operating Support Payment due tp Wage Increase...........................................23 (e) Modification of Operational Support Payment due to Savings...................................................23 (f) Over .----------_.---_-----------.—.—.24 (u) Unbudgeted and Under Budgeted Expenses.---._.—.---------.---.—.—.24 5.4 City Paid Expenses--------------._---._----_—__._---..24 (a) City Employee Salaries and --------------------------.----24 (b) City Provided Services --.-----------------------.--.---------24 (1) Municipal Io1hrozeboo Systems Services................................................................................24 � (2) Building Maintenance Service' ....................... ......... ..................................... ........................24. _~ (3) Fleet Services ---.—.--.—.-------------------------------...24 (c) Electricity.....................................................................................................................................25 O\ Conditions Affecting Electricity Usage...................................................................................25 (2) McKinstry Bsmeo1boo Inc Notification.....................................................................................25 5.5 City Procurements-----------------------------------.-----..25 (a) Computers Procurement..............................................................................................................25 (b) Multifunction Copier Procurement.-------.-----------------------..25 (c) Dumpster Service Procurement................................................................................................... 5 4 (d) Elevator Maintenance Procurement............................................................................................25 5.6 Museum Accounts. ................................................................................................... ..................26 5.7 Consolidated Bill............................................................................................... ............--------26 5.8 Water, Gas, and Waste Water..........................................................................................................26 5.9 Proportionate Year......................................................... ----- ... ARTICLE 6 LONG-RANGE PLAN 6.1 Long-Range Plan. ............................................................................................................................26 ARTICLE 7 ACCREDITATION, CERTIFICATION,LICENSING,AND PERMITS 7.1 Required Accreditation and Certification........................................................................................26 7.2 Licenses and Permits .......................................................................................................................26 7.3 City Representations.......................................................................................................................27 ARTICLE 8 MUSEUM COLLECTION MANAGEMENT 78.1 Collection Inventory. ........................................................................................................:..............27 8.2 Collection Management Policy........................................................................................................27 8.3 Deaccession of Collection................................................................................................................27 8.4 Deaccessioned Objects. ............... (a) Disposal by Sale..........................................................................................................................28 (b) Disposal by Exchange or Donation.............................................................................................28 (c) Disposal by Transfer. ..................................................................................................................28 (d) Donor Notification. .....................................................................................................................28 8.5 Acquisitions,Loans, and Destructive Analysis of Collections........................................................29 ARTICLE 9 TECHNICAL APPEAL PROCESS 9.1 Technical Appeal Process................................................................................................................29 ARTICLE 10 NEW FACILITIES OPERATING AND MAINTENANCE COSTS 10-1 New Facilities Operating and Maintenance Costs..........................................................................29 ARTICLE I 1 ADMISSIONS 11.1 Admissions.......................................................................................................................................29 5 11.2 Access............................................................................................................................ ..30 ............... 11.3 Admissions Tax. .............................................................................................................. ...30 ARTICLE 12 PURCHASES OF SUPPLIES AND SERVICES 12.1 Purchase of Supplies and Services....................................................................................................30 12.2 Contacting Historically Underutilized Businesses...........................................................................30 12.3 Expenditures in Excess of Ten Thousand Dollars($10,000)..........................................................31 12.4 CCMN Municipality Status............................................................................................................31 ARTICLE 13 FACILITY IMPROVEMENTS AND ALTERATIONS 13.1 Facility Improvements and Al terations............................................................................................31 13.2 Facility Improvement Plan...............................................................................................................31 13.3 Facility Improvements Approval Process........................................................................................31 13.4 Approved Facility Improvements and Alterations...........................................................................32 13.5 Title to Improvements......................................................................................................................32 13.6 CCMJV's Personal Property. ...........................................................................................................32 ARTICLE 14 ENGINEERING, STRUCTURAL AND LAYOUT STUDIES 14.1 Structural Engineering Report.........................................................................................................32 14.2 Studies.............................................................................................................................................33 ARTICLE 15 ADVERTISING 15.1 Museum Advertisement...................................................................................................................33 15.2 Advertisement Reimbursement........................................................................................................33 ARTICLE 16 NAMING RIGHTS 16.1 Museum Name.................................................................................................................................33 16.2. Donation Acknowledgement. ..........................................................................................................33 ARTICLE 17 MAINTENANCE 17.1 General Maintenance.................................................... --------33 17.2 Random Inspection.........................................................................................................................34 17.3 In-Kind Maintenance......................................................................................................................34 6 .............. 17'4 Contractor Insurance........................................................................................................................34 ARTICLE 18 STAFFING AND EMPLOYEES 18.1 Generally..........................................................................................................................................34 lB.% CCMJTJ Supervision otT�nm}n}eeo.--------------------------------34 183 Employees.------------------.--.—.-----------.-----------..35 18'4 Employee Transition Plan.................................................................................................................35 10.5 Payroll and Taxation.......................................................................................................................35 . (a) City Payroll Until Transition.......................................................................................................35 (6) CC&&JV9avnol After Transition................................................................................................35 ARTICLE 19 GOVERNANANCE 19.1 Governance.....................................................................................................................................35 ARTICLE 20 ROLES 20.1 Advisory Board -------------------------.----------.------..36 202 {}comns --------_—.---------.--------------.-------..3O 203 Museum Director -----.-------------------------.---.-------.36 20'4 Museum Collection ---.--------------------------------36 205 Museum ------------------------------.----.------36 206 Museum Librarian...........................................................................................................................36 20.7 Museum Educator(Head --.-------------.------------.----..37 20.8 Museum Education Assistant .------------------.----------------..37 20.9 Science Exhibit Project --------------.—.-----.------------.37 20.10 History Exhibit Project ------------.----.--.--.—.----------.37 ARTICLE 21 PROFESSIONAL STAFF 21.1 Minimum Professional Etat�............................................................................................................38 21.2 Modification o{Minimum Professional Staff.................................................................................30 21.3 Minimum Qualification and Experience for Professional Staff......................................................3M (a) Museum Director's Minimum Qualifications.............................................................................38 (8) Museum Collection Manager Miobouzo Qualifications..............................................................30 (u) Museum Registrar Minimum Qomldfica1poo...............................................................................38 7 (d) Museum.Librarian Minimum Qualifications...............................................................................38 (e) Museum Educator Minimum Qualifications...............................................................................39 (f) Museum Educator Assistant Minimum Qualifications. ..............................................................39 (g) Science Exhibit Project Manager Minimum Qualifications........................................................39 (h) History Exhibit Project Manager Minimum Qualifications.........................................................39 21.4 Waiver of Minimum Qualifications.................................................................................................39 ARTICLE 22 FISCAL MATTERS 22.1 Capital Campaign. ................................................................................................39 22.2 Miscellaneous Fees and Prices........................................................................................................39 22.3 Franchises or Concessions...............................................................................................................40 22.4 Solicitation of Private and Public Funding......................................................................................40 22.5 Grant Funding.................................................................................................................................40 ARTICLE 23 PROHIBITED TRANSACTIONS AND BENEFITS 23.1 Benefits to Organizations................................................................................................................40 23.2 Memberships....................................................................................................................................40 23.3 Benefits to Individuals....................................................................................................................40 ARTICLE 24 REVENUE 24.1 Revenue Account.............................................................................................................................41 24.2 Revenue Withdrawals......................................................................................................................41 24.3 General Fund Revenue.....................................................................................................................41 24.4 Gross Revenue Deficiency...............................................................................................................41 24.5 Proportionate Year...........................................................................................................................41 ARTICLE 25 FACILITY IMPROVEMENT REIMBURSEMENT 25.1 Excess Revenue. ..............................................................................................................................42 25.2 No Excess Revenue. .......................................................................................................................42 25.3 Long Term Plan...............................................................................................................................42 25.4 Unreimbursed Facility Improvement Expenditures.........................................................................42 8 - ---'--------------------- ARTICLE 26 MANAGEMENT FEE 26] Management Fee..............................................................................................................................42 ARTICLE 27 REPORTING OBLIGATIONS 27.1 Annual Report for Financial -----.-----------------------..43 272 Annual Plan.----------------------------.---.------------.43 27'3 —.--_---_------.--_—_---_.---._.—.-43 bA —_---_---------_--._—.----_.--_---.,43 (b) Annual Report for --------------------------------..43 (c) ------_----.----_.----------------.—./43 27.4 Annual Independent Audit.............................................................................................................. 27.5 Reconciliation o[Accounts..............................................................................................................43 ARTICLE 28 BOOKS AND RECORDS 28.1 Financial Records. ..........................................................................................................................44 20.3 City Audit --------------.-----------------.------44 ARTICLE 29 CCMJ-V CODE OFETHICS 29.1 CCMJV Code of Ethics. ..................................................................................................................44 29.2 Ethics --.-------.-----------------------------.---.—..44 ARTICLE 30 INSURANCE 30.1 Liability Insurance..........................................................................................................................44 bA Commercial General Liability Insurance....................................................................................44 (h) Business Automobile Liability Insurance. ..................................................................................45 (o) Liquor Liability Insurance...........................................................................................................45 (d) Crime and Fidelity Coverage ......................................................................................................45 &A WorkeruCnozpeomutouundEoon|oyeru" Lbihilitv.----------------------..45 30.2 Policy Rating and Primary lomuzanou Requirements. ......................................................................45 30.3 Po|kn/Requirements........................................................................................................................45 30'4 Proof of Policy................................................................................................................................46 30:5 Request o[Policy............................................................................................................................. K6 9 - - -----'---'-----' ............----'-------- - 30.6 Commencement of Work 46 30.7 Primary Insurance............................................................................................................................40 30.8 Liability Insurance Modifioutioo. ....................................................................................................47 30.9 Policy Renewal................................................................................................................................47 30]0 Fuiluretohnmnn:..............................................................................................................................47 30.11 Property Insurance...........................................................................................................................47 30.12 Business Interruption Insurance.......................................................................................................47 30.13 Waiver of Subrogation_.----.------_.---.-----------.--_—...47 30]4 Payment of --.--,--------_.—.__-------_.—._---...47 30.I5 Report ofAccident.----.-------.----.------------------------./47 3Cil6 Proceeds of Casualty Insurance.......................................................................................................4A ARTICLE 31 REPRESENTATIONS ANI)WARRANTIES 31.1 Representations and Warranties......................................................................................................48 6AMission.............................................................................................................................................48 (h) Formation.........................................................................................................................................4Q (c) -----__.--_------.---.—.--_._----._._---.-48 (8) Conflicts and Consents....................................................................................................................49 (e) Conflict with Orders, etc.................................................................................................................. /H —.--____._______.___.________.__.______.__,4g ARTICLE 32 FORCE MAJEJJRJD 32.1 Force Majeure.................................................................................................................................49 ARTICLE 33 INDEMNITY 3I1 Iudeoomifiva1i>uand Hold Harmless...............................................................................................50 332 Relationship to Insurance Obligations------.------------.----------.--50 ARTICLE 34 DEFAULT; TERMINATION OF REMEDIES 34JTermination 8v City........................................................................................................................50 34`2 Termination 6vCCMJV. ................................................................................................................5l 10 ARTICLE 35 SURRENDER OF PREMISES 35.1 Surrender of Premises; Transition. .................................................................................................51 ARTICLE 36 HAZARDOUS MATERIALS 36.1 Definitions. .....................................................................................................................................52 (a) "Environmental Laws"................................................................................................................52 (b) "Hazardous Material"........... ......................................................................................52 (c) "Release".....................................................................................................................................52 36.2 No Hazardous Materials. ................................................................................................................52 36.3 CCMJV's Environmental Indemnity...............................................................................................53 ARTICLE 37 ASSIGNMENTS; SUBCONTRACTING 37.1 Assignments; Subcontracting..........................................................................................................53 ARTICLE 38 NOTICES 38.1 Notices........................................................................................................................................•...53 ARTICLE 39 COMPLIANCE WITH LAWS 39.1 Generally.........................................................................................................................................54 39.2 Preexisting Conditions.....................................................................................................................54 39.3 Americans with Disabilities Act.....................................................................................................54 39.4 Non-Discrimination Ordinances.....................................................................................................55 ARTICLE 40 TAXES,ASSESSMENTS,LICENSES, PERMIT FEES,AND LIENS 40.1 Taxes,Assessments, Licenses,Permit Fees, and Liens..................................................................55 40.2 Sales Tax...........................................................................................................................................55 40.3 Unpaid taxes. ...................................................................................................................................55 ARTICLE 41 MISCELLANEOUS 41.1 Liability of the City..........................................................................................................................55 41.2 Liability of CCMJV.........................................................................................................................56 41.3 Liens. ..............................................................................................................................................56 11 � 4I'4 Parties and Their .--.--.-----.-----------_-----------..56 41.5 Dispute Resolution...........................................................................................................................56 41.6 No Implied Waiver .---._—._-----_.--_.--_----.---_._.—.-56 41.7 Headings and Subheadings.............................................................................................................57 41J8 Successors and Assigns. ..................................................................................................................57 41.9 Access tmMuseum ----------------------------------.-----..'57 41.10 Relationship of Parties —._---.--_------.--_--._—.------.---57 41.11 Agreement Made io Texas..............................................................................................................57 41J2 Modification................................................................................................57 41.13 Counterparts---.---.--.--------.--------_-----------..57 4I.14 Exhibits............................................................................................................................................57 41.15 of Officials,Employees, and Agents. .......................................................................57 41.16 Time of Essence...............................................................................................................................58 41.17 Survival of Indemnities....................................................................................................................50 41.18 Good Faith -------------_._----.-----...---.—.—.—.50 41.19 ---------_-----_—_---.--_---------_—.-58 ' EXHIBITS Exhibit A - Museum Premises BxhibitB - Museum Parking Lot Diagram Exhibit C - Current Accreditation and Certification EshibitD - Licenses and Permits ExhibitE - Collection Management Policy Ilohibitf - Museum Deaoo«msionProcess Exhi)itG- Technical Appeal Process ' Exhibit - Admission Fees EoJzibdLI - Capital Improvement Process Exhibit} - (}ovezomnuc Exhibit K - City Wide Insurance Policy Coverage Exhibit L- Museum Value for City Insurance Policy Coverage Exhibit M— Facility Use I,-O}' Exhibit N— Energy Cost Savings Guamaztec 12 CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY PROFESSIONAL SERVICE MANAGEMENT AGREEMENT This Corpus Christi Museum of Science and History Professional Service Management Agreement(the"Agreement") is entered into as of the day of , 2012,between the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation(the "City") and Corpus Christi Museum Joint Venture, LLC, a Texas limited liability company ("CCMJV"). RECITALS I. The City, acting through its duly authorized City Manager ("City Manager"), currently owns the Corpus Christi Museum of Science and History(the "Museum"),together with all facilities, machinery, attachments, appurtenance, collections, artifacts, and exhibits, located in the City of Corpus Christi. The Museum is located at 1900 N. Chaparral Street owned by City and described in greater detail in Exhibit"A", which is attached; and 11. CCMJV is an organization whose principals have substantial experience and expertise in the management, operation, and marketing of amusement services; and III. The Corpus Christi Museum of Science and History Advisory Board, as set forth in the Board minutes of the 7th day of June, 2012, approved a recommendation to the City Council supporting a process that results in a 24 month private/public partnership to operate the Museum with the following stipulations: -Mission of the Museum will be sustained - City retains ownership of Museum land, facilities, and structures - City retains ownership of Museum collections which must remain accessible to the public - City holds the 2012 budget flat for 24 months to support the Museum - City annually budgets HOT tax funding to support Museum advertising - The Museum must be operated in a manner that sustains accreditation by the American Association of Museums and certification as an archeological repository by the Texas Historical Commission; and VI. It is the City's intention that the Museum be operated in a First-Class and fiscally responsible manner with the objectives of creating a modern edutainment Museum that will appeal to both children and adults while maintaining the established history and science mission of the Museum, as well as the certification and accreditation; minimizing financial operating requirements required from public funds; and, in general, maximizing the utilization of the Museum for the benefit of the City, while minimizing,to the extent practical,the net cost to the City. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 13 AGREEMENT ARTICLE 1 DEFINITIONS As used in this Agreement, the following terms shall have the following meanings: "Advisory Board" shall mean the Corpus Christi Museum of Science and History Advisory Board assembled under the authority of City Ordinance 2-90. The Advisory Board is assembled to serve as an advisor to the Museum department and to the City Council in matters of support and development of the Museum. The board may adopt comprehensive policies relating to the management of collections, acquisitions for the collections, disposition and the deacquisition of objects in and for the collection, and use of Museum facilities. "Affiliate" shall mean with respect to any corporation, partnership or other entity, any other such entity which is and at all times remains Controlled(as hereinafter defined)by,under common Control with or which Controls the first such entity, and(ii) "Control" means direct or indirect ownership of not less than 10% of all the voting stock of a corporation or not less than 10% of the legal and equitable interest in a partnership or other entity or the ability to direct management, operations or policy decisions of such corporation, partnership or other entity. "Annual Report" shall mean the annual report prepared by CCMJV setting forth a summary of the operations of the Museum and the services provided by CCMJV for the preceding year, along with information regarding plans for the upcoming report year, as further described in 27.1 below. "AAM" shall mean the American Association of Museums or its successor as the nationally recognized agency for accrediting Museums. "Auxiliary" shall mean the Auxiliary of Corpus Christi Museum, an incorporated non-profit organization that is organized to assist the Director of Museum and Professional Staff in carrying out the functions of the institution. "Business Day" shall mean any day on which banks in the State of Texas are open for business, excluding Saturdays and Sundays. "Capital Campaign" shall mean an intensive fund raising effort designed to raise a specified sure of money within a defined time period for facility improvement to the Museum. These facility improvements can include the construction of new buildings, renovation or enlargement of existing buildings, purchase or improvement of land, acquisition of furnishings or equipment, and additions to endowment. "Code" shall mean the City of Corpus Christi Municipal Code, as it may be amended from time to time. "City" shall mean the City of Corpus Christi, Texas and all of its boards, commissions, departments, agencies and other subdivisions. 14 "City Council" shall mean the City Council of the City of Corpus Christi,Texas. "Gifu Documents" shall mean City-created records and City-owned records pertaining to operation and management of the Museum that, on the Effective Date of this Agreement are in the City's custody. "City Employees" shall mean those persons who are and continue to be regularly employed in a part-time or a full-time job by the City in positions authorized in the "Corpus Christi Museum of Science and History"Program in the applicable, current City of Corpus Christi adopted budget. "Cif Manager" shall mean the City Manager of the City of Corpus Christi or the City Manager's designee. "Collection Committee" shall mean the committee responsible for accession and deaccesion of Museum Collections. The Collection Committee is made up of the Museum Collection Manager, Museum Librarian,Museum Registrar and the Museum Director, or as modified by Article 8 and Article 21 of this Agreement. "Collection Fund" shall mean an account which funds are only available for the purchase of Museum Collection objects. "Depository" shall mean the place agreed to by the City and CCMN, in which the bank accounts for the fluids required to be maintained under this Agreement are to be deposited. "Effective Date" shall mean. September 1, 2012, or whatever later dates the City Manager and CCMN agree to but in no event later than the date of last signature. "Emmency Expenditure" shall mean any expenditure to the extent not included within an approved budget and not expected by CCMJ V to be incurred but which is necessary to correct any condition that poses an imminent threat to public safety or material damage to the Museum. "Employee Transition Plan" shall mean the plan adopted by the parties pursuant to Article 18 of this Agreement. City and CCMJV acknowledge and agree that cost savings with respect to the continued First-CIass operations of the Museum can occur as a result of the Employee Transition Plan. "Facility Improvement Expenditures" shall mean all City Manager approved expenditures for building additions, alterations,renovations, repairs or improvements, and for purchases of permanent fixtures, machinery or equipment. "First-Class" shall mean quality of the best;the finest;the highest class, grade, or rank; and highest distinction with respect to the operation, management, marketing, and promotion of the Museum, including but not limited to: professional promotion and marketing efforts; service- oriented guest and tenant services; premium food and beverage services; timely repairs, 15 maintenance, and cleaning of building, equipment, and grounds; positive, safe and secure Museum for patrons and employees. "Fiscal Year" shall mean a 12-month period beginning on August 1 of each calendar year and ending on July 31 of the following calendar year. The City may change its Fiscal Year in which case the city must notify CCMJV of the change in writing at least 120 days before the end of the Fiscal Year in which the change will occur and the definition of Fiscal Year in this Agreement shall automatically change to reflect the new definition of the City's Fiscal Year. "Friends of the Museum" shall mean the Friends of the Corpus Christi Museum, an incorporated non-profit profit organization that is organized to support and aid the Corpus Christi Museum of Science and History. "General Manager" shall mean the manager of the Museum employed by CCMJV to manage the Museum's finances, marketing and revenue generating operations. "Gross Revenue" shall mean all revenues excluding sales tax, from whatever source, received by CCMJV or the City from or in respect of the operation of the Museum and from any income generating activity associated with the Museum, including but not limited to the following: a) All revenues received from admission fees, concessions, rental events, and fees and charges for all other goods and services provided to the public at the Museum; b) membership fees received by CCMJV; c) all revenue from vending machines and the selling price of all merchandise sold in, on, about or from the Museum in the ordinary course of business; provided,however,that, with respect to revenue and sales of merchandise by vending machines not owned by or leased to CCMJV, only the amount paid to CCMJV on account of such sales shall be included; and d) all other charges of any character made by CCMJV for the rendering of any service or goods or work of any kind conducted in, on, about or from the Museum. Except for"basic" membership fees, as set forth in subsection(b)above, "Gross Revenue" shall not include contributions, donations,pledges, or other gifts made by third parties to the Museum or CCMJV that are not derived directly from the services provided by CCMJV related to the Museum. "Gross revenue" shall not include funds received by CCMJV from the City including Operational Support Payments. "Gross Revenue Benchmark" shall mean the projected Gross Revenue for the 2013 Fiscal Year and the 2014 Fiscal Year. The Gross Revenue Benchmark is $318,295 for the 2013 Fiscal Year. The Gross Revenue Benchmark is $347,231 for the 2014 Fiscal Year. "Gross Revenue Deficiency" shall mean the.difference between the Gross Revenue Benchmark and the Gross Revenue in a Fiscal Year in which Gross Revenue does not exceed the Gross Revenue Benchmark. "Internal Strategic Objectives" shall mean the thoughtfully constructed plan employed to achieve the Museum's Mission. 16 i "Long-Range Plan" shall mean a Long-Range Plan for multi-year operation of the Museum, including the Museum's Mission, vision, goals, and objectives. The Long-Range Plan is obligated to address maintaining the Museum's accreditations and certifications. The Long- Range plan should integrate financial plans, development plans, interpretive plans, and collections plans. "Management Fees" shall mean those fees payable to CCMJV under Article 26 in consideration for management services provided. "Museum" shall mean the Museum of Science and History and related,facilities operated on the Premises, which is the subject of this Agreement. "Museum Collection" shall mean objects that form the core of the Museums activities for exhibitions, education,research, etc. All objects in the Museum Collection are included in the Museum Inventory referenced in Article 8. "Museum Collection Manager" shall mean the Museum employee responsible for supervising all aspects of collection care and collection inventories including managing acquisitions, accessions, and standardization of the collection catalogue. "Museum Department" shall mean City's Department of Museum. "Museum Director" shall mean the director of the Museum, being a museum professional, maintains the mission of the Museum, as well as the certification and accreditation. "Museum's Mission." is defined in Article 5.2. "Museum Purposes" shall mean all purposes related to Museum operations and development either on the Premises or elsewhere, including but not limited to charitable, scientific, educational, archeology programs, activities, events, grounds, gardens,parks, exhibits, and research. "Operating Expenses" shall mean all operating and maintenance expenses incurred by CCMJV in the operation of the Museum, including without limitation the following: a) salaries, payroll taxes, and other payroll expenses; b) charges for utility services; c) expenses for repair and maintenance of equipment and furnishings; d) expenses for maintenance and repair and for cleaning of the Museum, including but not limited to expenses related to vandalism or other damage to gates, equipment,supplies, or the Museum Premises or Property; e) the cost of supplies, equipment, and animals; f) the cost attributable to noncapital replacement of equipment and animals; g) license and permit fees; 17 h) the cost of insurance attributable to insuring the Property and insuring CCMJV against liability relating to the management and operation of the Museum; i) the cost of Workers' Compensation Insurance for employees of CCMJV; j) deductible amounts required and actually spent under any insurance policies; k) amounts paid by CCMJV in reasonable settlement of claims against CCMJV that are not paid by insurance carriers; 1) maintenance and repair of grounds, gardens, and adjacent parks and landscape areas; and m) any other expense approved by the City Manager. "Operations Manual" shall mean a document developed by CCMJV which contains terms regarding the management and operation of the Museum, including detailed policies and procedures to be implemented in operating the Museum, as agreed upon by both the City and CCMJV. The parties acknowledge that to the extent that such manual contains any proprietary information of CCMJV (e.g., CCMJV-wide (not Museum-specific) operating policies, procedures and/or software); such information shall remain the property of CCMJV and shall not be kept at the Museum after the expiration or termination of this Agreement. "Operating Support Payment" shall mean all funding to be provided by the City to CCMJV pursuant to Article S of this Agreement in consideration for operation support provided to the Museum by CCMJV. "Outside Caterers" shall mean any caterer entering into an Outside Catering Agreement to provide catering services at the Museum for a single event. CCMJV will establish minimum commissions and/or fees, insurance and security deposits required in order for an Outside Caterer to operate at the Museum. Outside Caterer will pay CCMJV immediately following their catering event based on the Outside Catering Agreement with that Outside Caterer and CCMJV. "Outside Catering Agreement" shall mean the written agreement between CCMJV and an Outside Caterer for a single event to be held at the Museum. "Parking Lots" shall mean any and all existing and future parking facilities that serve the Museum as shown in Exhibit"B"which the parties may amend from time to time. "Personal Property' shall mean the personal property described in Article 3.2 below. "Personal Prove Expenditures" shall mean all expenditures for additional or replacement furniture, fixtures, machinery or equipment which are not a permanent fixture to the Museum. "Preexisting Condition" shall mean any condition of disrepair, structural weakness, latent defect or other fault of any part of the Property, or any noncompliance of any part of the Property with any applicable local, state or federal law,that existed on or before the Effective Date of this Agreement, except that such condition or noncompliance is not a pre-existing condition if either party knew of its existence on or before the Effective Date of this Agreement. 18 "Premises" shall mean the real property and improvements described in Article 3 below. "Property" shall mean the Premises and the Personal Property, collectively. "Routine Repair and Maintenance" shall mean all ordinary maintenance and repair of the Museum facilities and equipment, and replacement of supplies that are normally performed on a day-to-day,periodic, or routine basis in order to keep such facilities and equipment in a good, clean, efficient, and safe condition. "Routine Repair and Maintenance" shall include such minor improvements to the grounds, gardens, adjacent parks and landscaped area,the buildings, structures, equipment, and facilities of the Museum as are necessary in the reasonable discretion of CCMJV to improve appearance and management. "Transferred Employees" shall mean those persons who elect Museum-related employment with CCMN pursuant to the Employee Transition Plan. "THC" shall mean the Texas Historical Commission or its successor as the state agency for historic preservation. ARTICLE 2 INTRODUCTION 2.1 Term. The term of this Agreement(the"Term") begins on September 1, 2012 (the `Effective Date"), and ends on August 31, 2014 (the"Termination Date"), unless sooner terminated as provided in this Agreement. 2.2 Option to Extend Terms. The Term of this Agreement may be extended as may be mutually agreed to by CCMJV and the City,but not less than five (5)years beyond the Termination Date. 2_3 Grant of Authority. To enable CCMJV to perform its obligations under this Agreement,the City hereby grants.to CCMJV, and CCMJV hereby accepts,the exclusive right and obligation subject to the provisions of this Agreement, in its own name, as an independent contractor and not as an agent of the City,to manage and operate the Museum. 224 Nature of Relationship. The parties agree that the only relationship created by this Agreement is that between the City, as owner, and CCMJV, as an independent contractor, for management and operating services and that CCMJV is an independent contractor,not an agent, employee,joint venturer or partner of the City. 225 Contract Administrator. Each party must appoint a Contract Administrator who shall monitor such party's compliance with the terms of this Agreement. CCMJV's Contract Administrator shall be its General Manager at the Museum, unless CCMJV notifies City of a substitute Contract Administrator in writing. City Manager shall notify CCMJV of the name of its Contract Administrator within thirty (30) days of execution hereof. Any and all references in this Agreement requiring CCMN or City participation or approval shall mean the participation or approval of such party's Contract Administrator. 19 ARTICLE 3 MANAGEMENT AND OPERATION OF PREMISES AND PERSONAL PROPERTY 3,.1 Premises. Subject to the terms, covenants, and conditions set forth in this Agreement, CCMJV shall exclusively manage and operate the Museum, comprising (a) Museum and all facilities as described in Exhibit A ("Current Museum Premises"), and (b) the parking lot as described in Exhibit B. Together the Current Museum Premises and the parking lot shall be referred to collectively in this Agreement as the "Premises." 3_2 Personal Property. Subject to the terms, covenants, and conditions set forth in this Agreement,the City agrees to provide, at no cost to CCMJV,use of personal property located at the Museum necessary to the operation and maintenance of the Museum other than City Documents, the City vehicle, and forklift. CCMJV shall maintain all such Personal Property in good condition and repair, subject to Preexisting Conditions, and shall replace with items of good quality any of the Personal Property that becomes inoperable or unusable if such item is necessary for the operation of the Museum in CCMJV's reasonable discretion. The City will provide CCMJV with a video inventory of the Personal Property located at the Museum. Transferred Personal Property shall remain property of the City. (a) Vehicle and Forklift Assigned to Museum. The Vehicle and Forklift Assigned to the Museum shall not be transferred to CCMJV. Such vehicle and forklift shall remain at the Museum until the end of the Employee Transition Period. The vehicle and forklift shall only be used by qualified City Employees. City employees shall only use the vehicle and forklift for the performance of Museum or City duties. At the end of the Employee Transition Period, the City shall remove the vehicle and forklift from the Museum. 3.3 Use of the Premises. (a) Required Use. CCMJV shall use and continuously occupy the Property during the Term of this Agreement for the operation of a public museum and related and incidental purposes and programs, including but not limited to conservation, education, enterprise operations, and visitor services, in accordance with this Agreement,the Museum's Mission and the Long-Range Plan.Notwithstanding the above,the parties intend that the Museum can also be used as an event space for catered groups,weddings, business meetings, and similar high margin events. (b) Prohibited Use. The Museum may not be used in any way prohibited by policy adopted by Advisory Board and approved by the City Manager. Current policy is shown in Exhibit M and is subject to change. Any-dispute concerning prohibited use will be resolved by decision of the City Manager. (c) No Illegal Uses or Nuisances. CCMJV shall not use or occupy any of the Premises, and shall not permit the use or occupancy of it, in any unlawful manner or for any illegal purpose, and shall not permit to be carried on any activity that would constitute an actionable nuisance under the laws of the State of Texas. CCMJV shall take all 20 reasonable precautions to eliminate any nuisances or hazards relating to its activities on or about the Premises, except as to Preexisting Conditions. 3_4 Parking Lot Use. CCMJV shall share the Museum parking lots with SMG and the American Bank Center. CCMJV shall not block off or barricade the Museum parking to prevent access by SMG or American Bank Center patrons. CCMJV shall not be responsible for existing violations of the Code or any other local laws regarding the Museum Parking Lot. 3_5 Occupancy Hours. CCMJV can only occupy the Museum during the Occupancy Hours of 6:00 am to 7:00 pm. CCMJV may occupy the Museum outside the Occupancy Hours upon giving the City notice within two weeks of the planned usage. The notice shall state the date or dates and times of operation CCMJV wishes to occupy the Museum. CCMJV shall occupy the Museum for the hours provided in the notice. CCMJV may also seek to alter occupancy hours upon giving the City notice within two weeks of the planned change. The notice shall state the new Occupancy Hours. CCMJV can only occupy the Museum during the Occupancy Hours in the notice. All notices shall be in writing. All notices shall include a reminder to the City Manager that the planned usage is to be submitted to McKinstry Essention Inc. in writing within. two weeks of the usage change. CCMJV will be responsible for all expenses associated with modifying Occupancy Hours including electricity. ARTICLE 4 EXISTING THIRD-PARTY AGREEMENTS 41 Existing Third-Party Agreements. The Parties specifically acknowledge that there are existing leases, agreements, and arrangements between the City and third parties for the Museum or between CCMJV and third parties. CCMJV shall not interfere with non-assignable existing leases, agreements, and arrangements known to CCMJV between the City and third parties without written consent from the City. The City shall assign all such assignable leases, agreements, and arrangements affecting the Museum to CCMJV and CCMJV shall have the exclusive option(if the City had such option) of renewing such leases, agreements, and arrangements that expire during the term of this Agreement and any extensions, CCMJV is released from its obligation to make payments due after the effective date of this agreement or termination date of this agreement for assumed leases. City shall give CCMJV written notice of existing leases, agreements, and arrangements. ARTICLE 5 OPERATIONS 5_1 CCMJV Responsibility. CCMJV shall manage and operate the Museum as a museum, consistent with the Museum's Mission and Long-Range Plan, with emphasis on the Museum's scientific and educational purposes and programs. Management and operation of the Museum includes selection of new inter-active displays, reconfiguration of certain exhibits for presentations to the public,redesigning of floor layouts, devising a higher and best use for outdoor events, and designing special event spaces for both indoor and outdoor use. CCMJV is responsible for Operating Expenses including electricity. 21 5_2 Museum Mission. The mission of the Corpus Christi Museum of Science and History is to present the story of the cultural crossroads of the New World. With a unique confluence of natural history, science,people and environments,the South Texas area has served as a stage for the ongoing discovery of the Americas. Through innovative programs in history, culture, and science, the Museum is committed to enlarging a shared understanding of our history and heritage as well as the impact and importance of science to our lives. By telling this story,the Museum will inspire a thirst for knowledge, context, and understanding. (a) Internal Strategic Objectives. The following strategic objectives are used to operationalize the Museum Mission: (1) Corpus Christi Museum of Science and History will build programs around three basic themes: Humans,the Environment, and Science. (i) How has human migration, cultural encounters, and interactions shaped the unique human character of South Texas and, in turn,how has South Texas influenced the world? (ii) How have environmental features and resources been linked to the human migrations, settlements, and physical exploitation of South Texas resources? (iii)What does science tell us about the unique natural world of South Texas and how can we best conserve our unique resources? (2) The Museum will collect and preserve unique specimens, artifacts, and ephemera which illuminate our three basic themes and support innovative programming. (3) To create new knowledge, Museum Collections and resources will be shared with the public and researchers. (4) The Museum will promote an open and inclusive atmosphere of learning by encouraging the use of its physical facilities for special events,meetings, and other community gatherings. (5) The Museum will commit itself to sharing knowledge with the next generation by actively promoting programming and field trip policies which encourage participation by K-16 school groups. 5.3 City Operations Support Payments. (a) Operations Account. All Operation Support Payments shall be deposited in an account maintained in the Depository in the name of the City. CCMJV shall have the authority to withdraw from the Operations Account. Any balance shall be retained in the Operations Account as for reserve for payment of future Operating Expenses. If at the termination of the Agreement there shall be a balance in the Operations Account, CCMJV shall disburse such excess to the City on or before the fifteenth(15) day of such month. 22 (b) Operation Support Payment. The City shall pay CCMJV an Operation Support Payment for consideration of CCMJV providing operating services to the Museum. Operation Support Payments are to be used only to pay Operating Expenses. After the Effective Date, the City shall transfer to CCMJV an annual operations payment (the "Operations Support") equal to $1,059,077 for the first Fiscal Year of this Agreement and $1,209,140 for the second Fiscal Year of this Agreement. The Operations Support Payment shall be paid to CCMJV in four equal quarterly installments on or before the fifteenth (15th) day of each quarterly month. Each quarterly month is August, November, February and May. The first Operational Support Payment will be made on the Effective Date of this Agreement. (c) Advancing of Funds for Operation Support. If at any time during a particular quarter, the amount of monies on deposit in the Operation Support Payment and available for that purpose shall be insufficient for the payment of Operating Expenses then due or budgeted to become due during such quarter, CCMJV may present to the City Manager a request to advance the amount of such insufficiency from the approved budgeted payment scheduled to be paid in the succeeding quarter. If the City Manager approves the request, the advancement will be made. This advanced amount will then be subtracted from the scheduled Operation Support Payment for the succeeding quarter. If the City Manager disapproves, no advancement shall be made. (d) Modification of Operating Support Payment due to Wage Increase. If the City at any point grants City Employees a raise for the 2013 Fiscal Year, CCMJV's Operational Support Payment shall be increased by a budgeted estimate of the cost of the increased City Employees Salaries and Wages for each quarter. At the end of the employee transition period,the City shall calculate actual increases to City Employees Salaries and Wages and compare to the increase in Operational Support Payment. If the actual increase to City Employees Salaries and Wages is greater than the increase in Operational Support Payment, the following quarter's Operational Support Payment shall be increased by the difference. If the actual increase to City Employees Salaries and Wages is less than the increase in Operational Support Payment, the following quarter's Operational Support Payment shall be decreased by the difference. At the end of June 2013, the City shall calculate actual increases to City Employee Salary and Wage Expense for the City Employee remaining at the Museum after the Employee Transition Plan and compare to the increase in Operational Support Payment. If the actual increase to City Employee Salary and Wage is greater than the increase in Operational Support Payment the following quarter's Operational Support Payment shall be increased by the difference. If the actual increase to City Employee Salary and Wage is less than the increase in Operational Support Payment, the following quarter's Operational Support Payment shall be decreased by the difference. (e) Modification of Operational Support Payment due to Savings. The City entered into a design/build agreement for a fixed price energy performance contract with McKinstry Essention. Inc. (McKinstry). McKinstry guarantees energy savings for the Museum found in Exhibit N. If the actual energy savings exceed the projected energy savings in the McKinstry agreement for a Fiscal Year, the second quarterly Operational Support 23 Payment for the following Fiscal Year will be reduced by the excess savings. If McKinstry's projected savings are not realized in a Fiscal Year, the second quarterly Operational Support Payment for the following Fiscal Year shall be increased if CCMJV was not responsible for the failure for McKinstry's projected savings being realized. The second quarterly Operational Support Payment will be increased by the amount of the excess Electricity expense caused by the failure of McKinstry's projected savings to be realized. If CCMJV was responsible for the failure for McKinstry's projected savings being realized, Operational Support Payment shall not be increased. Increased electricity costs are subject to Article 5.3 (g). (f) Over Budgeted Expenses. The City may request CCMJV's authorization to reduce the amount of Operational Support Payment due under the terms of this Agreement for Over Budgeted Expenses. CCMJV shall have the right to approve or deny the reduction of Operational Support Payment. (g) Unbudgeted and Under Budgeted Expenses. CCMJV shall be responsible for Unbudgeted and Under Budgeted Expenses. CCMJV may present any Unbudgeted or Under Budgeted Expense to the City Manager for additional funds. The City Manager shall have the option to approve or deny increasing Operational Support Payment for Unbudgeted or Under Budgeted Expenses. 5.4 City Paid Expenses (a) City Employee Salaries and Wages. The City shall bill CCMJV monthly for Salaries and Wages paid to City Employees working at the Museum. CCMJV shall be responsible for any raises granted to City Employees after the Effective Date of this Agreement. (b) City Provided Services. The City will provide Municipal Information Systems Services, Building Maintenance Service, and Fleet Services. The City shall bill CCMJV monthly for these services. (1) Municipal Information Systems Services. The Municipal Information Systems (MIS) department shall assist in the delivery of quality products and services by managing the enterprise data centers and by providing connectivity & customer services that will allow for the optimum usage of enterprise data as well as effective and efficient data, voice and video communications at the Museum. The City shall bill CCMJV $2,671 monthly for services provided. (2) Building Maintenance Service. The City shall provide the labor for routine repairs and preventive maintenance for the Facility. CCMJV shall be responsible for supplying the parts for repairs and maintenance. The City shall bill CCMJV $1,275 monthly for services provided. (3) Fleet Services. The City shall provide a vehicle and fork lift to CCMJV for first six (6)months of this Agreement. The vehicle and forklift are to be operated only by qualified City Employees for Museum purposes. The City shall bill CCMJV $696 monthly for services provided. 24 (c) Electricity. The City shall pay the energy provider for Electricity provided to the Museum. For the Electricity invoices that the City pays directly,the City shall bill CCMJV monthly for reimbursement. (1) Conditions Affecting Electricity Usage. CCMJV shall immediately notify the City in writing with regards to any changes that will affect energy usage including occupancy or usage changes, computer load or other load changes, scheduling changes and sequence of operation changes. Such notice shall include a reminder to the City Manager that the changed usage is to be submitted to McKinstry Essention Inc. in writing within two weeks of the usage change. CCMJV will be responsible for all expenses associated with any changes that will affect energy usage. (2) MclKinstry Essention Inc Notification. The City will notify McKinstry Essention Inc that CCMJV is taking over the management of the Museum and authorizing McKinstry to communicate with CCMJV in regards to the Energy Cost Saving Guarantee in Exhibit N. 5.5 City Procurements. (a) Computers Procurement. The City is a party to an Agreement for computers for the Museum. The City shall procure computers for the Museum during the term of this Agreement. The procurement includes four laptop computers with work station and six desk top work stations. CCMJV will have full use to the computers provided under the Agreement. The City shall bill CCMJV monthly for reimbursement for the procurement expense. (b) Multifunction Copier Procurement. The City is a party to an Agreement for a multifunction copier. The City shall procure a multifunction copier for the Museum during the term of this Agreement. CCMJV will have full use to the multifunction copier provided under the Agreement_ The City shall bill CCMJV monthly for reimbursement for the procurement expense. (c) Dumpster Service Procurement. The City is a party to an Agreement for Dumpster Service_ The City shall procure Dumpster Service for the Museum during the term of this Agreement. CCMJV will have full use to the Dumpster Service provided under the Agreement. The City shall bill CCMJV monthly for reimbursement for the for procurement expense. (d) Elevator Maintenance Procurement. The City is a party to Agreement for Elevator Maintenance. The City shall procure elevator maintenance for the Museum during the term of this agreement. The Museum elevators will be maintained during CCMJV operation of the Museum. The City shall bill CCMJV monthly for the procurement expense. 25 5_6 Museum Accounts. After the Effective Date of the Agreement, all Museum Accounts under the City of Corpus Christi shall be paid by the City. The City shall bill CCMJV monthly for reimbursement for Museum Accounts paid by the City. CCMJV may transfer or request the City to close these accounts. 5.7 Consolidated Bill. The City will generate a Consolidated Bill no later than thirty(30) calendar days after the month's end. The Consolidated Bill will itemize all City services, expenses and accounts paid for the Museum. CCMJV shall pay the Consolidated Bill fifteen(15) calendar days from the date of the invoice. 5_8 Water, Gas, and Waste Water. The City shall provide the Water, Gas, and Waste Water to the Museum. CCMJV is not responsible for Water, Gas, and Waste Water. 5_9 Proportionate Year. This section shall apply to the month of August 2014. All the conditions of Article 5 shall be proportionally applied. August 2014 conditions shall be proportionally applied based on the second Fiscal Year of this Agreement. ARTICLE 6 LONG-RANGE PLAN 6.1 Long-Range Plan. The Long-Range Plan is a tool to show how CCMJV will manage the Museum upon an extension or new contract to manage the Museum past the termination date. The Parties acknowledge that this Agreement contemplates the adoption by the City of the Long- Range Plan, created by CCMJV, on or before February 28, 2014. In the event that such a Plan is not adopted by August 31, 2014, CCMJV may choose not to extend this Agreement. ARTICLE 7 ACCREDITATION, CERTIFICATION, LICENSING, AND PERMITS 7.1 Required Accreditation and Certification. Throughout the Term(including any extensions), CCMJV shall cause the Museum to be at all times (a) accredited by the AAM; and (b) certified as an Archeological Repository by the THC. In addition, CCMJV shall be responsible for any reaccreditation and recertification that may be required during the term of this agreement. Any failure on the part of CCMJV to comply with this article shall constitute a material breach of this Agreement. Current accreditation and certification are shown in Exhibit C 7_2 Licenses and Permits. All licenses and permits currently held by the City in connection with the operation of the Museum are shown in Exhibit D. Subject to any necessary approvals, the City agrees to transfer all such licenses and permits to CCMJV, and CCMJV and the City shall use their best efforts to either have those licenses and permits legally transferred to CCMJV or to have them canceled upon CCMJV's obtaining replacement permits or licenses in its name if transfer is not possible except that certain licenses and permits shall remain in the possession of the City and under the City's name, and CCMJV shall be authorized as the agent of the City to perform such services under such licenses and permits as are required in the operation of the Museum to the extent permitted by applicable law, if such licenses or permits are required to be 26 held by a governmental entity and/or owner of the Premises or for such other reasons as may be agreed to by the parties. Upon any termination of this Agreement for any reason, CCMJV shall transfer all licenses and permits back to the City and CCMJV shall use its best efforts to assist the City with the documentation of any such transfer or reapplication for any such permit or license to be held in City's name after such termination. 7.3 Citv Representations. City represents and warrants to CCMJV that the accreditation by the AAM and certification as an Archeological Repository by the THC, and all licenses and permits.which are being assigned to CCMJV, are not currently in default,that City is not aware of any default that exists with respect to these items,that City has complied with the terms and conditions of the certifications, accreditations, licenses, and permits, and they are current with respect to any and all payments. ARTICLE 8 MUSEUM COLLECTION MANAGEMENT $_f Collection Inventory. CCMJV will be responsible for maintaining the inventory of the Museum's collections. The City will provide CCMJV with an electronic document and video inventory of the Museum's collection on record. In the event that there is a discrepancy between the video inventory and electronic document inventory,the video inventory shall control. 8_2 Collection Management Policy. The Museum's current Collection Management Policy was adopted September 2005. CCMJV shall follow the current Collection Management Policy in Exhibit E. Any provision in the Collection Management Policy that conflicts with this Agreement,the provision in this Agreement shall control. Any dispute regarding the Collection Management Policy can be submitted to the City Manager for approval. The City Manager's decision will be controlling as to any dispute. 8_3 Deaccession of Collection. Deaccession of a collection must follow the following procedure. A Collection Committee member shall submit the proposed deaccession to the Collection Manager. The proposal shall include the purpose, scope of the collection and the policy guidelines. The Collections Manager shall confirm title and check for any restrictions, legal issues, or ethical concerns regarding deaccession. After the Collection Manager's review, the Collection Committee reviews proposed deaccession based on the Museum's Mission, scope of the collection, and Collection Management Policy guidelines. The Collections Committee submits the proposed deaccesion and disposal method to the Museum Director for review. If the Museum Director disapproves of deaccession,the proposed item will remain in the collection. If the Museum Director approves deaccession, it shall be submitted to the Advisory Board for approval. If the Advisory Board approves, the proposed item will be deaccessed. If the Advisory Board disapproves of deaccession, it shall be submitted to the City Manager for the final decision on deaccession. The City Manager will make the final decision regarding whether the proposed item will remain in the collection or be deaccessed. The deaccession process is demonstrated in Exhibit F. 8_4 Deaccessioned Obiects. Deaccessioned objects are removed from the collection by means of sale, exchange, donation, transfer, or destruction. Disposal of any deaccessioned object 27 will be carried out in accordance with all applicable federal, state, local, and international laws, treaties, and regulations including but not limited to laws protecting plants, wildlife, antiquities, historic properties, and the import, export, and transfer of cultural property. The Collection Manager is responsible for fully documenting disposal of objects. Deaccessioned objects will not be sold, or ownership otherwise transferred,to Museum staff, City of Corpus Christi employees, CCMJV employees, CCMJV members, CCMJV affiliates, Museum volunteers, members Museum support groups, members of the Museum or City's governing authorities, or representatives or family members of these individuals. (a) Disposal by Sale. Net proceeds received from the sale of deaccessioned objects will be used only to acquire new objects for the collection. If there is any question as to the value of an object, CCMJV will get two informed outside appraisals on the object. These should document the object's authenticity and assure that CCMJV does not accept less than market value for the object. Disposal of objects from the collection will never be through the Museum shop, or in such a manner that it involves an interested entity helping in the liquidation of Museum assets. CCMJV shall collect&remit all applicable sales tax. Upon the sale of a deaccessed object, CCMJV shall open an account (Collection Fund) in the Depository in the name of the City. CCMJV shall have the authority to withdraw from the Collection Fund Account. Proceeds from the sale of an object will be placed in a Collections Fund. Proceeds from the sale of an object can only be used for purchasing acquisitions to the Museum's Collection. (b) Disposal by Exchange or Donation. Deaccessioned objects may be disposed of by exchange with, or transfer to, another appropriate museum, educational, or scientific institution. Deaccessioned objects will never be exchanged or donated to private individuals. (c) Disposal by Transfer. Deaccessioned objects may be transferred to the Museum's education department for use in educational programs. Objects subject to this action should have little or no market value, or historic or scientific significance. Any deaccessioned object transferred to the education department will be removed from collection storage, quarantine, or work areas. The object must be stored in an area dedicated to educational supply storage. The object is considered expendable and no longer a collection item. (d) Donor Notification. If the Museum disposes (by sale, exchange, or any other method) of a donation within two years of a donation, CCMJV is obligated to notify the donor and the IRS by filing form 8284. This provision applies if the donor has claimed a charitable deduction under Section 170 of the IRS code of more than$5,000 for either a single item or an aggregate of items donated to one or more institutions. The IRS code requires that if the value is more than $5,000,the donor must supply an appraisal summary to the Museum. Once the Museum establishes its clear and unrestricted title to an object,the donor has no legal interest in it. If a deaccession no longer falls under the statute of limitations of the Tax Reform Act of 1984, it is then only a practice of goodwill to notify the donor or heirs of the disposition of a collection or object. It is possible to label the 28 funds or new acquisition purchased with those funds as a gift from the donor. Appropriate action will be considered by the Museum Director on a case-by-case basis. 8.5 Acquisitions,Loans, and Destructive Analysis of Collections. All Acquisitions, Loans and Destructive Analysis shall be conducted in compliance with the Museum's currently adopted Collection Management Policy found in Exhibit E. ARTICLE 9 TECHNICAL APPEAL PROCESS 9.1 Technical Appeal Process. The Museum Director may challenge any proposed event or action made by CCMJV or the General Manager in matters conflicting with the Museum's Mission or that effect collections or exhibits. If the Museum Director and CCMJV or General Manager cannot resolve an issue regarding a proposed event or action in matters effecting the Museum 's mission, collection or exhibits,that issue is to be presented to the City Manager. Prior to making a decision on any issue, the City Manager will hear from both the Museum Director and the General Manager. The City Manager will make the final decision as regarding whether the proposed action or event does or does not commence. The technical appeal process is demonstrated in Exhibit G. ARTICLE 10 NEW FACILITIES OPERATING AND MAINTENANCE COSTS 10.1 New Facilities Operating and Maintenance Costs. As CCMJV funds and builds new exhibits and support and visitor facilities,the corresponding increases in operating,program, and maintenance costs will be the responsibility of CCMJV,with the City being the owner of such new exhibits and support or visitor facilities. CCMJV may request permission from the City Manager to use Operating Support Payment to pay for New Facilities Operating and Maintenance Costs. CCMJV must specify what new cost it seeks to pay with Operating Support Payment. Operation Support Payment can only be used for New Facilities Operating and Maintenance Costs approved by the City Manager. ARTICLE 1 I ADMISSIONS 11.1 Admissions. Admission shall be set at their current rates shown in Exhibit H approved by the City Manager on August 19, 2010. The City Manager shall have the authority to set Museum admissions charges in accordance with City of Corpus Christi Code of Ordinance 36-6. The Museum Director shall prepare such schedule which shall be submitted to the City Manager for approval, and such schedule shall be reviewed on an annual basis. Said fees and charges shall bear a reasonable relation to fees charged for admission to other similar attractions and similar 29 facilities, and shall be neither excessive nor grossly deficient by comparison; except that special provisions to assure access to all children shall be made, such as free periods of admission for children, and free admission for school groups. The approved schedule shall be filed with the City Secretary and copies shall be provided to the City Council. The City Manager's authority to approve such schedule of fees and charges shall include approval of discounts and special fees designed to promote the Museum and increase visitation, which may be accomplished through marketing agreements not exceeding three (3) years with other attractions or marketing companies whereby multiple attractions are packaged, or through other promotional plans customarily used for similar attractions and facilities. 11.2 Access. CCMJV agrees to operate the Museum with the goal of providing the widest possible access to the Museum to the general public, at an affordable cost. 11.3 Admissions Tax. The Parties acknowledge that no City admission taxes are currently charged on Museum admission. The Parties further agree that the Museum will continue to be exempt from City admission taxes, so long as similar facilities are exempt from such taxes. This is not a waiver of the City's portion of the applicable Sales Tax. ARTICLE 12 PURCHASES OF SUPPLIES AND SERVICES 12.1 Purchase of Supplies and Services. CCMJV shall have full authority and discretion as to the purchase of all equipment, materials, supplies, inventories and services reasonably required by it but shall endeavor to make all such purchases at the best price available as known to CCMJV, considering the quantities required and the quality desired, at the time available for the delivery and the sources of supply whenever possible as part of a volume purchase by CCMN. CCMJV may acquire property or services from or otherwise transact business with its Affiliates for any of the goods to be purchased or services to be performed by it under this Agreement but only if the prices charged and services rendered are competitive with those obtainable from others rendering comparable services in the field. To insure compliance in this respect, CCMJV agrees to obtain at least two (2) other competitive bids from persons other than CCMJV's Affiliates, whenever CCMJV considers transacting business with an Affiliate for providing goods or services under this Agreement. All purchases by CCMJV of permanent fixtures, equipment, and all facility improvements shall be made in the name of the City. CCMJV shall establish an inventory control system to account for all such purchases. The City shall have the right to inspect the books and records of CCMJV to verify CCMJV's compliance with the provisions of this section. 12.2 Contacting Historically Underutilized Businesses. CCMJV shall, in making an expenditure of more than $3,000 but less than $50,000, shall contact at least two historically underutilized businesses on a rotating basis,based on information provided by the comptroller pursuant to Chapter 2161, Government Code and in compliance with Texas Local Government Code §252.0215. If there are more than two such businesses in the county, CCMJV can contact the listed businesses on a rotating basis. If the list fails to identify a historically underutilized business in Nueces County, CCMJV is exempt from contacting at least two historically 30 underutilized businesses. Any such notice shall be sent by certified mail and CCMJV shall keep record of all notices for four (4) years after the termination date of this agreement. 12.3 Expenditures in Excess of Ten Thousand Dollars ($10,000). CCMJV shall, in making expenditure in excess of$10,000 for any single item or more than$50,000 in the aggregate in any purchase order, utilize a competitive bidding process similar to that used by the City. CCMJV shall not avoid the application of competitive bidding by purposely dividing a-single purchase into smaller components so that each component purchase is less than$50,000 or make component, sequential or incremental purchases to avoid the competitive bidding requirements. CCMJV shall make the purchase that offers the "best value" for the Museum. In consideration of"best value" CCMJV may consider the following factors: the purchase price;the reputation of the bidder and of the bidder's goods or services;the quality of the bidder's goods or services;the extent to which the goods or services meet the Museum 's needs;the bidder's past relationship with the Museum or City;the total long-term cost to the Museum to acquire the bidder's goods or services; and any relevant criteria specifically listed in the request for bids or proposals. 12.4 CCMJV Municipality Status. To the extent allowable under federal, state, and local law, City agrees to allow CCMN to use its tax status as a municipality for the purchase of supplies and services. City agrees to execute such documents as may be required, and which the City is authorized to execute, to further this Agreement. ARTICLE 13. FACILITY IMPROVEMENTS AND ALTERATIONS 13.1 Facility Improvements and Alterations. CCMJV shall not under any condition make any facility improvement or alteration to the Museum,the Museum facilities, or Premises without prior approval from the City Manager. Any alterations or facility improvements made by CCMJV to or on the Museum must be approved by City Manager. 13.2 Facility Improvement Plan. CCMJV shall submit a Facility Improvement Plan to the City Manager for any facility improvement CCMJV wishes to commence. Such plan shall include a listing of the facility projects or equipment to be purchased,the projects ranked in order of preference, a timetable for the construction or completion of the project,a work schedule and time line to minimize disruptions of Museum operation during the completion of the improvements,justification for the project, an examination of the feasibility of the improvement and an explanation of expenses for the project. The plan shall also include a reminder to the City to submit the approved plans to McKinstry Essention Inc. for an energy usage evaluation. The reminder shall also notify the City that the plan is to be submitted to McKinstry Essention Inc. in writing within two weeks of the change to the facilities. CCMJV shall submit the Facility Improvement Plan for the 2013 Fiscal Year within forty five(45) days from the Effective Date of this Agreement. CCMJV shall submit the Facility Improvement Plaza. for 2014 Fiscal Year with the Annual Plan under Article 27. 13.3 Facility Improvements Approval Process. The General Manager and Museum Director shall develop a timeline for operations and facility improvement phases including a work schedule and time line to minimize disruptions of Museum operation during the completion 31 of the improvements. If the Museum Director does not approve of Facility Improvement Plan, the Museum Director shall follow the Technical Appeal Process in Article 9. If the Museum Director has no objections or the City Manager approves after the appeal process, CCMJV must present the Facility Improvements Plan to the Advisory Board for review. The Advisory Board will submit to the City Manager a recommendation. The City Manager will submit the plan to the City Engineering Department for review. The Structural Engineering Report required under Article 14 must be submitted to the City prior to the review of any project in the Facility Improvement Plan. The City Manager may approve or disapprove any project in the Facility Improvement Plan. If the City Manger does not approve, the facility improvements project will not proceed. If the City Manager approves a project,the first phase of improvement will begin. Upon completion,the City Manager will inspect first improvement phase. If the City Manager approves, CCMJV may be reimburse for Facility Improvement Expenditure in accordance with Article 25. If the City Manager does not approve, CCMJV shall make necessary corrections to gain approval. The Facility Improvement Process is demonstrated in Exhibit I. 13.4 Approved Facility Improvements and Alterations. Any alterations or facility improvements made by CCMJV to or on the Premises shall comply with any and all applicable local, state, and federal laws,rules and regulations, and CCMJV shall obtain any required permits for such alterations and facility improvements. Expenses for required permits shall be Facility Improvement Expenditures to be reimbursed under Article 25. Only Approved Facility Improvements shall be eligible for Facility Improvement Reimbursement, 13.5 Title to Improvements. Except as otherwise provided in this Agreement, all appurtenances, fixtures, improvements, equipment, additions, and other property attached to or installed in the Premises during the Term shall be and remain the property of City and shall not be removed by CCMJV without approval of the City Manager. 13.6 CCMJV's Personal Property. All furniture, furnishings, and articles of movable personal property installed in the Premises by or for the account of CCMJV, without expense to City, and which can be removed without structural or other material damage to the Premises (all of which are in this Agreement called"CCMJV's Property") shall be and remain the property of CCMJV and may be removed by it subject to the provisions of Article 34. At least ten(10) days prior to delinquency, CCMJV shall pay all taxes levied or assessed upon CCMJV's Property and shall deliver satisfactory evidence of such payment to City. ARTICLE 14 ENGINEERING, STRUCTURAL AND LAYOUT STUDIES 14.1 Structural Engineering Report. CCMJV shall submit to the City a Structural Engineering Report evaluating the integrity of the building within the first Fiscal Year. The Structural Engineering report will be at the sole expense of CCMJV. Expenses for the Structural Engineering Report shall be a Facility Improvement Expenditure to be reimbursed under Article 25. Facility Improvements and Alterations will not proceed prior to completion of the Structural Engineering Report. 32 14.2 Studies. CCMN shall notify the City Manager of all engineering, structural and layout studies of the Museum conducted by CCMN at any time within 30 days of completion of the study. Any such study shall be provided to the City Manager within 30 days of request by the City Manager. Such studies shall be provided to the City free of cost. ARTICLE 15 ADVERTISING 15.1 Museum Advertisement. CCMJV may purchase.or create advertisement for the Museum. Museum Advertisement materials should be presented in an objective,fair and accessible manner. Advertising campaigns should be justified and undertaken in an efficient, effective and relevant manner. All advertisements shall be in compliance with federal, state and local laws. 15.2 Advertisement Reimbursement. CCMJV shall keep record for all advertising expenditures and submit itemized expenditures to the City monthly. The City shall reimburse CCMN up to $25,000 in advertising expenditures per Fiscal Year, subject to availability of funds in the Hotel Occupancy Tax fund. City agrees to submit this amount as part of the proposed budget for Hotel Occupancy and Tax fund. Reimbursement payment for advertising expenditure shall be made to CCMN on or before the thirtieth(30'h) day following the end of the Fiscal Year if available. ARTICLE 16 NAMING RIGHTS 16.1 Museum Name. Under no circumstances,with the exception of formal action by City Council,may the Museum's name be changed from"Corpus Christi Museum of Science and History". 16.2. Donation Acknowledgement. Any donor recognition at the Museum shall be.brought to the Advisory Board for review. The Advisory Board will submit to the City Manager a recommendation. If the City Manger does not approve,there will be no donor recognition. If the City Manager approves CCMN may proceed with the donor recognition. CCMN may seek to establish a naming policy for Museum facilities which would require Advisory Board adoption and City Manager's approval. ARTICLE 17 MAINTENANCE 17.1 General Maintenance. CCMN shall be responsible for routine repairs,preventive maintenance,janitorial services, grounds keeping services, maintenance of all interior and exterior walls of the Facility,maintenance of the landscaping around the Facility; walking 33 inspections of the Facility on a daily basis, and grounds keeping of all the Parking Lots to City codes and standards. CCMJV shall maintain the Museum in a clean, safe, sanitary, and sightly condition, and as necessary to maintain all licenses and accreditations in accordance with Article 7 above;provided,however, that such obligation shall not, except as specifically set forth in this Agreement, require CCMJV to repair or otherwise remedy a Preexisting Condition. CCMJV shall employ sufficient personnel to maintain the Museum to the standard of a First-Class Museum. 17.2 Random Inspection. Random inspections will be made by a designated City employee to inspect the general maintenance of the Museum. Any deficiencies not to the standard established in Article 17.1 will be reported to CCMJV. CCMJV shall take the necessary action to remedy the deficiency in a timely fashion. 17.3 In-Kind Maintenance. In-Kind Maintenance can be provided by the City for repairs that are necessary for public health and safety. In-Kind Maintenance requires City Manager approval. At any time the Museum requires In-Kind Maintenance,the General Manager shall submit an In-Kind Maintenance request to the City Manager. Upon City Manager approval, the City shall make the necessary repairs. In-Kind Maintenance shall include City labor,materials, and indirect maintenance services in substantially the same manner of maintenance support that is currently provided by the City to the Museum. If the City Manager denies the In-Kind maintenance request, CCMJV shall be responsible for the repairs. 17.4 Contractor Insurance. Each party shall provide evidence acceptable to the other that every contractor engaged by a party to perform work on the Premises maintain insurance in amounts, on policies of coverage and offered by companies satisfactory to City and CCMJV, including but not limited to Workers' Compensation Insurance (including Employers' Liability Insurance) and insurance against liability for injury to persons and property arising out of all such contractor's operations, and the use of owned, nonowned, or hired automotive equipment in the pursuit of all such operations. ARTICLE 18 STAFFING AND EMPLOYEES 18.1 Genes. The Parties acknowledge that as of the date of this Agreement, there are approximately 17 full time City Employees employed in connection with the Museum.. The Parties' intent is that the City Employees will remain at the Museum during the Employee Transition Period. At the end of the Employee Transition Period, City Employees shall be placed internally with the City, selected for hiring by CCMJV or terminated in compliance with the City's reduction of force policy. 18.2 CCMJV Supervision of Employees. Commencing on the Effective Date, CCMJV shall, in carrying out the responsibilities under this Agreement, manage, supervise, and direct those employees of the City who are employed at the Museum subject to the provisions of the City Charter, City Municipal Code, City rules, state legislation and any applicable collective bargaining agreements. The Museum shall operate under the Governance set out in Article 19. 34 CCMJV shall, in cooperation with the Human Resource Department and the City Manager, develop procedures for implementing this authority with regard to City Employees. 18.3 Employees. CCMJV shall comply with all applicable federal, state, and local laws, ordinances, and regulations pertaining to all employees at the Museum. In addition, CCMJV shall be an equal opportunity employer and make reasonable efforts to maintain a diverse work force. 18.4 Employee Transition Plan. CCMJV and the City will develop and propose an Employee Transition Plan and present it to the City Council by September 30, 2012. The proposed Employee Transition Plan will be accompanied by one or more proposed ordinances to implementing elements of the Employee Transition Plan that require such City Council action and to amending this Agreement accordingly. Although City Employees may voluntarily resign City employment and be hired by CCMJV, no City position existing in the "Museum Program" in the City's Adopted Budget as of the Effective Date of this Agreement will be eliminated nor an employee involuntarily transferred to CCMJV from these positions unless the change is adopted by the City Council by ordinances described above. 18.5 Payroll and Taxation. (a) City Payroll Until Transition. Until each City Employee leaves City employment, either to transition to CCMJV employment or otherwise,that employee will remain on the City payroll for the continued provision of City compensation and benefits, employee status, and payment of taxes and reporting, although the Museum Director will supervise them. (b) CCMJV Payroll After Transition. After each City Employee who chooses to transition to employment with CCMJV does so, CCMJV shall make or cause to be made all necessary payroll deductions for disability and unemployment insurance, Social Security, withholding taxes, and other applicable taxes, and prepare, maintain, and file or cause to be filed all necessary reports with respect to such taxes or deductions, and all other necessary statements and reports. ARTICLE 19 GOVERNANANCE 19.1 Governance. The Museum shall be operated under the organizational chart set out in Exhibit J. The Governance can be changed if the Governance effects any accreditation or certification. The governance shall be modified to comply with any accreditation or certification standards. The Governance can be changed upon an agreement with CCMJV and the City. Any change in governance cannot effect any accreditation or certification. ARTICLE 20 ROLES 35 20.1 Advisory Board. The Advisory Board shall serve as an advisor to CCMJV and to the City in matters of support and development of the Museum. The board may adopt comprehensive policies relating to the management of collections, accession of objects for the collections, disposition and deaccession of objects in and for the collections, and use of Museum facilities. Any dispute with CCMJV and the Advisory Board shall be reviewed by the City Manager. The City Manager shall make the final decision regarding policy. 20.2 General Manager. The General Manager manages Museum's finances,marketing and revenue generating operations. General Manager's duties regarding the management of revenue generating operations include admissions, gift shop operation, food service sales, and hosting events. The General Manager can engage in fund raising activities on the behalf of the Museum. 20.3 Museum Director. The Museum Director is responsible for all core aspects of Museum operations including exhibits, collection, fund raising,maintenance, educational programs, accreditation and certifications. It is the director's responsibility to operate the Museum according to best Museum practices such that both accreditations by the AAM (reviewed in 2017) and archeological repository certification by the THC (reviewed in 2015)will be sustained. The Director ensures that the Museum operates in a manner that ensures that environmental and security standards associated with collection preservation continues to be maintained. 20.4 Museum Collection Manager. The Museum Collection Manager maintains collection catalog and object files and makes the collection catalog data publicly accessible. The Museum Collection Manager also supervises collection care for objects in storage, on exhibit, on loan, and ongoing collection inventory. Supervision of the collection includes monitoring environmental conditions in storage areas, making conservation recommendations and actively pursuing grants that benefit collections care and use. Furthermore, the Museum Collection Manager serves as a member of every exhibit development team to make certain that collections are integrated appropriately into exhibits and proper safeguards are in place for object preservation. The Museum Collections Manager can support the work of staff, volunteers, and researchers working with the collection and work with honorary curators, adjunct curators, and collection committee to develop collection management policies and procedures. 20.5 Museum Registrar. The Museum Registrar is responsible for accession of new acquisitions, assess condition,maintaining accession records, processing deaccessions and maintaining loans. Furthermore, Museum Registrar is responsible for maintaining a record of values for insurance and maintaining a graphic record of significant objects. The Museum Registrar also supervises and performs inventory of collections and data entry into collection catalog. Additionally, Museum Registrar serves as a member of exhibit development team to make certain that collections are integrated appropriately into exhibits and proper safeguards are in place for object preservation. The Museum Registrar can supervise and train volunteers and staff in proper methods of handling objects, in data entry work in proper inventory processes. 20.6 Museum Librarian. The Museum Librarian is responsible for maintaining information regarding the collection and exhibits and making the library collection holdings publicly accessible. The Museum Librarian is also responsible for maintaining subscriptions and 36 acquiring reference publications for the collection, accession and inventory holdings and maintaining Museum catalog. Additionally, Museum Librarian cares for archival materials in storage, on exhibit, and on loan. This includes the supervision of staff,volunteers, and researchers working in the library. The Museum Librarian can also research images and acquire the rights for use of images in exhibits and educational presentations. 20.7 Museum Educator (Head Curator). The Museum Educator is responsible for leading the education program development and delivery team for adults and students. The Museum Educator also develops and presents programs for the public and for school tours including generating lesson plans and providing reference material for teachers and source materials for elementary students relevant to Museum exhibits and collections. Furthermore,the Museum Educator serves as a member of every exhibit development team to make certain that the needs of the school audience are addressed. The Museum Educator can work individually with teachers, group leaders, and event planners to provide excellent customer service. The Museum Educator can also recruit train, schedule and supervise staff and volunteers to provide needed programming. 20.8 Museum Education Assistant. Museum Education Assistant is responsible for presenting science topics and programs to the visiting public, youth groups, and school groups under the supervision of the Museum Educator. Museum Education Assistant is also responsible for putting information and classroom resources for teachers on the Museum's education website, as well as update education and program information on the Museum's main website. The Museum Education Assistant serves as a member of every exhibit development team to make certain that the needs of the school audience are addressed. 20.9 Science Exhibit Project Manager. Science Exhibit Project Manager is responsible for maintenance activities for all exhibits and the Facility. The Science Exhibit Project Manager is also responsible for assuring safety and security of collection objects from harm due to light, dust, heat, and visitors. Furthermore,the Science Exhibit Project Manager provides a regular program of safety training for staff and volunteers and an MSDS file for the chemicals currently used in the Museum. The Science Exhibit Project Manager can present educational programming to adult and student groups working collaboratively as a member of the education staff team under the supervision of the Museum Educator. 20.10 History Exhibit Project Manager. History Exhibit Project Manager is responsible for maintenance activities for all exhibits and the Facility. The History Exhibit Project Manager is also responsible for assuring safety and security of collection objects from harm due to light, dust,heat, and visitors. Furthermore, the History Exhibit Project Manager provides a regular program of safety training for staff and volunteers and an MSDS file for the chemicals currently used in the Museum. The History Exhibit Project Manager can present educational programming to adult and student groups working collaboratively as a member of the education staff team under the supervision of the Museum Educator. ARTICLE 21 PROFESSIONAL STAFF 37 21.1 Minimum Professional Staff. CCMJV shall maintain a professional staff of a minimum of 8 employees for the following positions: Museum Director, Educator,Education Assistant, Collection Manager, Librarian,Registrar, History Exhibits Project Manager, and Science Exhibits Project Manager. The Minimum Professional Staff is subject to Article 21.2 and the Employee Transition Plan in Article 18. Upon losing any one of these key positions, CCMJV shall have two (2)months to restaff the position. if the position cannot be restaffed within.two (2)months, CCMJV may seek a two (2)month extension from the City Manager to fill that key position., 21.2 Modification of Minimum Professional Staff. The Professional Minimum Staff requirement in Article 21.1 can be increased or decreased upon request of the Museum Director and approval by the City Manager. If the Museum Director determines that the Professional Staff size needs modification,the Museum Director shall submit the details of the position/positions and duties of the position/positions the Museum Director is seeking to modify to the City Manager. The City Manager will make the final decision as to whether to modify or not modify the Minimum Professional Staff required. If the City Manager does not approve of the Professional Minimum Staff modification,the Minimum Professional Staff requirements in effect at the time of denial shall remain in effect. Any modification approved by the City Manager shall be in writing and will become the effective Minimum Staff Requirement. 21.3 Minimum Qualification and Experience for Professional Staff. CCMJV shall only hire professional staff that meets the following qualifications for key staff positions: (a) Museum Director's Minimum Qualifications. The Museum Director shall have a master's degree in Museum studies, natural history, history, anthropology, or academic field that relates to the collections of the Museum. This position requires ten years' experience working in the Museum field including three (3) years in a leadership position. (b) Museum Collection Manager Minimum Qualifications. The Museum Collection Manager must have a master's degree in Museum studies,natural history,history, or anthropology field that relates to the collections of the Museum. This position requires (2)two years' professional experience in a Museum or comparable facility; or any equivalent combination of training, education or experience. (c) Museum Registrar Minimum Qualifications. Museum Registrar must have a Bachelor's degree in Museum studies, history,public history, American studies, anthropology or other related field(Master's degree preferred). This position requires (2)two years' Museum work experience or work in a comparable facility; or any equivalent combination of training, education, or experience. (d) Museum Librarian Minimum Qualifications. Museum Librarian must have a Bachelor's degree in Museum studies, history, public history, American studies, anthropology, library science or related field(Master's degree preferred) This position requires (2)two years' experience working in a Museum or comparable facility; or any equivalent combination of training, education, and experience. 38 (e) Museum Educator Minimum Qualifications. The Museum Educator must have a master's degree in Museum studies, history, anthropology, or any field that relates to the collections of the Museum. This position requires two (2) years' experience working in a Museum or comparable facility; or any equivalent combination of training, education and experience. (f) Museum Educator Assistant Minimum Qualifications. The Museum Educator Assistant must a bachelor's degree in biology or environmental science, or any field that relates to the collections of the Museum. This position requires (2)two years' experience working in a Museum or comparable facility; or any equivalent combination of training, education and experience. (g) Science Exhibit Project Manager Minimum Qualifications. The Exhibit Project Manager must have a master's degree in Museum studies with a specialty in science/natural history that relates to the collections of the Museum. This position requires two (2) years' work experience in a Museum or comparable facility; or any equivalent combination of training, education, and experience. (h) History Exhibit Project Manager Minimum Qualifications. The Exhibit Project Manager must have a master's degree in Museum studies with a specialty in history/anthropology field that relates to the collections of the Museum. This position requires two (2) years' work experience in a Museum or comparable facility; or any equivalent combination of training, education, and experience. 21.4 Waiver of Minimum Qualifications. CCMJV may seek a waiver of Minimum Qualification for hiring a Professional Staff member. Any waiver sought shall only apply to a candidate and not to the Professional Staff positions. Any waiver of Minimum Qualification for Professional Staff shall be submitted in writing to the City Manager. If the City Manager denies the waiver request, CCMJV may not hire the unqualified candidate. If the City Manger waives the Minimum Qualification requirement, CCMJV may hire the candidate the waiver was sought for. The approved waiver will not apply to previous or future candidates. ARTICLE 22 FISCAL MATTERS 22.1 Capital Campaign. If CCMJV wishes to pursue any Capital Campaign, it must follow the same approval process as Facility Improvements in Article 13. Any Capital Campaign shall be conducted in good faith and must be in compliance with state and federal law. 22.2 Miscellaneous Fees and Prices. Subject to Article 11 of this Agreement, CCMJV shall have the authority to set the amount of all prices and fees for services rendered or sales made to the public or otherwise at the Museum, including without limitation, food and drink concessions, souvenirs,parking, special exhibits, and other special events. 39 22.3 Franchises or Concessions. CCMJV shall have exclusive authority to grant to any nonprofit corporation or public or private organization franchises or concessions that further the public use and enjoyment of the Museum. 22.4 Solicitation of Private and Public Funding. CCMJV shall assist the Friends of the Museum or any other non-profit organization created to benefit the Museum : (a)use its best efforts to (i) actively solicit private support for the Museum through membership fees and charitable contributions and (ii) actively solicit federal, state or local grants or other funds to support the operation and purposes of the Museum ; and(b) apply all fiends contributed to it as membership fees, charitable donations,public grants or loans, or any other sources,to the Operating Expenses, Facility Improvements at the Museum and other Museum Purposes in accordance with this Agreement. Facility Expenditures or Advertisement paid for by Private or Public Funding shall not be reimbursed under Article 15, Article 25, or any other provision of this Agreement. 22.5 Grant Funding. The City shall allow CCMJV to apply for grants in the City's name for which CCMJV might not otherwise be eligible subject to prior approval by the City Manager or if the City Manager instructs, the City Council. The City Council retains the right to accept or not accept grant funds so applied for. All grants to the City received for Museum shall be transferred to CCMJV within thirty(30) days of the receipt of the grant funds, if permitted by the terms of the grant. All grant money shall be expend to enhance the Museum or applied in accordance to the terms of the grant. ARTICLE 23 PROHIBITED TRANSACTIONS AND BENEFITS 23.1 Benefits to _Organizations. CCMJV shall not contribute, donate, contract, or provide any economic or non-economic benefits to the Friends of the Museum and their members, the Auxiliary and their members,the Advisory Board and their members, or any other organization created to benefit the Museum and their members. CCMJV shall not receive any contributions or receive any economic or non-economic benefits from the Friends of the Museum,the Auxiliary, or any other organization created for benefit the Museum. Only the Museum may receive any economic or non-economic benefits from non-profit.organizations. CCMJV may facilitate or manage the benefit received by the City made by an organization. At no time does the benefit become property of CCMJV. This article shall not apply to CCMJV's initial purchase of gift shop items from the Auxiliary. 23.2 Memberships. CCMJV members, employees, or any affiliates cannot be members of the governing board of Friends of the Museum, governing board of the Auxiliary,the Advisory Board, or any other governing board of an organization created to benefit the Museum. 23.3 Benefits to Individuals. CCMJV shall not provide any economic or non-economic benefit to any individual person affiliated with the City of Corpus Christi including City employees, City Council, and City Mayor. CCMJV shall not receive any economic or non- economic benefit from any individual person affiliated with the City of Corpus Christi including City employees, City Council, and City Mayor. 40 ARTICLE 24 REVENUE 24.1 Revenue Account. After the Effective Date, CCMJV shall collect all revenues and sales tax. Revenues collected may be held in a CCMJV account. All revenues less sales tax shall be deposited biweekly into an account maintained in the Depository in the name of the City. This account will be the Revenue Account. CCMJV is not authorized to withdraw from the Revenue Account. The City shall have the authority to withdraw proceeds from the Revenue Account. 24.2 Revenue Withdrawals. Beginning the third month of this Agreement,the City shall withdraw the previous month revenue from the Revenue Account on a monthly basis until such withdrawals total the Gross Benchmark Revenue for the Fiscal Year. The first month's revenue will remain in the account to pay for bank fees and charges. Gross Revenue over the Gross Revenue Benchmark shall be paid to CCMJV for reimbursement for Facility Improvement Expenditures in accordance with Article 25. Facility Improvement Expenditure reimbursement payments shall begin the following month Gross Revenue exceeds Gross Revenue Benchmark in a Fiscal Year. The Facility Improvement Expenditure payment shall be made on or before the fifteenth(15) day of such month. Management Fee payments shall begin the following month Gross Revenue exceeds the total of Gross Benchmark Revenue plus Facility Improvement Expenditure Reimbursement in a fiscal year. The Management Fee payment shall be made on or before the fifteenth(15) day of such month. The remaining excess revenue shall be withdrawn and applied to the City's General Fund. 24.3 General Fund Revenue. The revenue first-in within the Fiscal Year up to the Gross Benchmark Revenue shall be applied to the City's General Fund. All revenue in the amount of 50% of Gross Revenue that exceeds the total of Gross Benchmark Revenue plus Facility Improvement Reimbursement for each Fiscal Year shall be applied to the City's General Fund. 24.4 Gross Revenue Deficiency. CCMJV is required to generate a Gross Revenue of $318,295 for the 2013 Fiscal Year and $347,231 for the 2014 Fiscal Year. CCMJV shall pay the City the difference between the Gross Revenue Benchmark and the Gross Revenue for any Fiscal Year that Gross Revenue does not exceed the Gross Revenue Benchmark. The payment of the Gross Revenue Deficiency shall be made within 30 days of the end of the Fiscal Year in which there was a Gross Revenue Deficiency. CCMJV's obligations to pay the City the difference between the Gross Revenue Benchmark and Gross Revenue is subject to force majeure. Therefore, to the extent that Museum Operations are interrupted as a result of acts of God,war or civil disturbance,the obligation to make these payments will be suspended proportionately to the number of days that CCMJV is unable to operate the Museum. 24.5 Proportionate Year. This section shall apply to the month of August 2014. All the conditions of Article 24 shall be proportionally applied. August 2014 conditions shall be proportionally applied based on the second Fiscal Year of this Agreement. ARTICLE 25 FACILITY IMPROVEMENT REIMBURSEMENT 41 25.1 Excess Revenue. CCMJV shall be entitled to reimbursement of Facility Improvement Expenditures made under the Facility Improvement Plan submitted under Article 13. Only Approved Facility Improvements made under the Facility Improvement Plan shall be eligible for Facility Improvement Reimbursement. Facility Improvement Expenditures shall be reimbursed in any such Fiscal Year the Gross Revenue exceeds the Gross Benchmark Revenue. If the difference between Gross Revenue and Gross Benchmark Revenue is greater than Facility Improvement Expenditures, CCMJV shall be completely reimbursed for Facility Improvement Expenditures. If the difference between Gross Revenue and Gross Benchmark Revenue is less than Facility Improvement Expenditures, all the difference will be paid to reimburse CCMJV for Facility Improvement Expenditures. Any unreimbursed Facility Improvement Expenditures for the Fiscal Year shall carry forward to the following Fiscal Year. Any Facility Improvements Expenditures made in a Fiscal Year after Management Fees have been paid shall carry forward to the following Fiscal Year. Payments for Facility Improvement Reimbursements shall be made in accordance with Article 24. 25.2 No Excess Revenue. Facility Improvements expenditures which are not reimbursed in any Fiscal Year will be carried forward to the following year. CCMJV is not entitled to reimbursement for Facility Improvements if revenues do not exceed Gross Benchmark Revenues. At the end of the Agreement, any Facility Improvement Expenditures which have not been reimbursed will be at the sole expense of CCMJV, and the City shall have no responsibility for the payment of same. 25.3 Long Term Plan. Upon execution of a long term agreement between the City and CCMJV, CCMJV may carry over the Unreimbursed Facility Improvement Expenditures for reimbursement as per the long term agreement. 25.4 Unreimbursed Facility Improvement Expenditures. Facility Improvement Expenditures are not a loan to the City and the terms of this Agreement shall not be interpreted to construe or treat the Facility Improvement Expenditures as a loan to the City to be repaid to CCMJV by the City. Any Facility Improvement Expenditures that are not reimbursed under the terms of this Agreement shall not be reimbursed. CCMJV will receive no compensation for unreimbursed facility expenses and the City shall retain all facility improvements. The City makes no guarantee that Facility Improvement Expenditures shall be reimbursed. ARTICLE 26 MANAGEMENT FEE 26.1 Management Fee. As compensation to CCMJV for providing the services herein specified during the Term with regards to managing the Museum, the city shall pay CCMJV in the amount of 50%of Gross Revenue that exceeds the sum of Gross Benchmark Revenue and Facility Improvement Reimbursement for each Fiscal Year. ARTICLE 27 REPORTING OBLIGATIONS 42 27.1 Annual Report for Financial Accounting. On or before September 1 of each year throughout the Term of this Agreement, CCMJV shall, at its sole expense, prepare and submit to the City Manager for his or her review,the Annual Report. This report will provide a general summary of the Museum's operations and will include a complete financial accounting for all funds, including use of major maintenance funding and a listing of all capital investments made at the Museum. In addition, CCMJV will also evaluate its performance in the area of customer service. 27.2 Annual Plan. At least thirty (30) days prior to the beginning of each Fiscal Year for CCMJV, CCMJV shall, at its sole expense, prepare and submit to the City Manager for his or her information, an Annual Plan. The City Manager shall present this plan to the City Council as an informational item. The Annual Plan shall, at a minimum,present the Facility Improvement Plan for the Museum, an evaluation of existing exhibits,a description of major programmatic changes planned at that time for the ensuing year, and any proposed changes in fees at the Museum. 27.3 Supplementary Reports. In addition to submitting the Annual Report and Annual Plan to the City Manager, CCMJV shall also submit the following reports: (a) Quarterly Reports. Beginning six (6)months after the mutual execution of this Agreement and on a quarterly basis afterwards throughout the term of this Agreement, CCMJV shall, at its sole expense, prepare and submit to the City Manager a quarterly report setting forth a summary of the operations of the Museum and the services provided by CCMJV at the Museum for the preceding quarter. (b) Annual Report for Expenditures. Beginning six (6) months after the mutual execution of this Agreement and on an annual basis afterwards throughout the term of this Agreement and any renewal, whichever is shorter, CCMJV shall, at its sole expense, prepare and submit to the City Manager an annual report detailing the expenditures made by CCMJV for the preceding year. (c) Monthly Report. Beginning one month after the mutual execution of this Agreement and on a monthly basis afterwards throughout the term of this Agreement, CCMJV shall, at its sole expense,prepare and submit to the City Manager a monthly report outlining the finances of the Museum for the previous month. This report shall include a summary of revenue from various sources and an accounting of costs. 27.4 Annual Independent Audit. Within sixty(60) days after the end of each Fiscal Year, CCMJV shall arrange for an audit of its books and records by an independent, certified public accountant; this audit shall be conducted at CCMJV`s sole cost and expense and shall cover the previous Fiscal Year. CCMJV shall deliver to the City Manager an original, signed copy of each such annual audit, by the earlier of. (a)thirty (30) days after the completion of such audit or(b) ninety (90) days after the end of the Fiscal Year covered by such audit. 27.5 Reconciliation of Accounts. Within sixty (60) days after the end of each Fiscal Year, CCMJV shall reconcile the Revenue Account, Operation Support Account, and Collection Fund Account for each Fiscal Year. 43 ARTICLE 28 i BOOKS AND RECORDS 28.1 Financial Records. CCMJV shall establish and maintain books, records, and systems of account relating to the Museum's Gross Revenue and Operating Expenses in accordance with generally accepted accounting practices & City record retention policies. These records shall,to the extent necessary to meet requirements for audits under Article 28.2 of this Agreement, be retained by CCMJV for four(4) years after the termination date of this agreement and made available to the City upon request. 28.2 Citv Audit Participation. If requested by the City, CCMJV shall make available all information reasonably necessary for the City and the State Auditor to perform audits of the use and application of all revenues, grants, and fees, all City funds, except for private fundraising activities and private donor information,received by CCMJV during the current and preceding year, including Museum operations and management. ARTICLE 29 CCMJV CODE OF ETHICS 29.1 CCMJV Code of Ethics. CCMJV shall have a Code of Ethics governing its members, employees, and activities consistent with applicable requirements of state and federal laws and American Association of Museum and Texas Historical commission standards. The City may request from CCMJV those documents necessary for the City to confirm the establishment of an ethics and conflict of interest policy. 29.2 Ethics Report. CCMJV will report on compliance with the ethics and conflict of interest policy, and any issues that have arisen as a result, in the Annual Report. ARTICLE 30 INSURANCE . 30.1 Liability Insurance. CCMJV, at no expense to the City, shall obtain and maintain continuously,throughout the Term of this Agreement,policies of insurance as enumerated below. Such policies: (i) shall be subject to approval by the City's Risk Manager as to company, form and coverage, and primary to all other insurance the City may secure; and (ii) must protect the City from any and all claims and risks in connection with any activity performed by CCMJV, or any of its respective officers, employees, agents, contractors or assigns, by virtue of this Agreement or any use and occupancy of the Premises authorized by this Agreement. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this Agreement. (a) Commercial General Liability Insurance. A policy of Commercial General Liability Insurance, written on an insurance industry standard occurrence form or equivalent, shall include all the usual coverages known as: Commercial Broad Form, Premises/Operations 44 Liability, Products/Completed Operations, Contractual Liability, Independent Contractors, and Personal/Advertising Injury. Such policy or policies must provide the minimum limit of$1,000,000 combined single limit insuring against all liability of CCMJV and its General Managers and/or Contract Administrators arising out of and in connection with CCMJV's use or occupancy of the Museum , and premises liability. The minimum limits on these policies will be adjusted periodically by the City so that the limits generally reflect the values of the policies as of the date this agreement is signed. (b) Business Automobile Liability Insurance. A policy of Business Automobile Liability Insurance, including coverage for any owned, nonowned, leased or hired vehicles, written on an insurance industry standard form or equivalent must provide the minimum limit of $500,000 combined single limit. (c) Liquor Liability Insurance. A policy of Liquor Liability Insurance written on an insurance industry standard form or equivalent must provide the minimum limit of Contingent Liquor liability insurance with a combined single limit of$1,000,000 and $2,000,000 in the aggregate. (d) Crime and Fidelity Coverage. A policy of Crime and Fidelity Insurance written on an insurance industry standard form or equivalent must provide the minimum limit of $500,000 per occurrence of coverage for(i) employee dishonesty, (ii) forgery or alteration, (iii) theft, disappearance and destruction inside and outside the Museum ; and (iv) robbery and safe burglary inside and outside the Museum . (e) Workers' Compensation and Employers' Liability. CCMJV must obtain Workers' Compensation and Employers' Liability coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. A policy of Workers' Compensation insurance written on an insurance industry standard form,or equivalent, as may be required by law must provide the minimum limit, including employer's liability coverage of$500,000 per person per occurrence and$500,000 per person per disease, and $500,000 aggregate disease. 30.2 Policy Rating and Primary Insurance Requirements. All policies shall be subject to approval by the City's Risk Manager as to insurance company (must be rated A-VII or better in the A.M. Best's Key Rating guide and licensed to do business in the State of Texas or issued as a surplus lines by a Texas Surplus Lines broker), form and coverage, deductibles, and primary to all other insurance. 30.3 Po_ lice Reauirements. CCMJV agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (1)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' 45 Compensation policy; (2) 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; (3)Workers' Compensation and Employers' Liability policies will provide a waiver of subrogation in favor of the City; and(4) 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. 30.4 Proof of Poli . CCMJV shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and waiver of subrogation in favor of the City is required on all applicable policies. 30.5 Request of Policy. 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). CCMJV 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. CCMJV 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 4 - (361) 826-4555 30.6 Commencement of Work. Prior to the commencement of any work under the Agreement, CCMN shall furnish an original completed Certificate(s) of Insurance to the City which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, and which shall fiunish and contain all required information referenced or indicated thereon. The original certificate(s) must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed directly from the agent to the City. The City shall have no duty to pay or perform under this Agreement until such certificate shall have been delivered to the City, and no officer or employee, other than the City's Risk Manager, shall have authority to waive this requirement. CCMN shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. CCMN must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 30.7 Primary Insurance. It is agreed that CCMJV's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried.by the City of Corpus Christi for liability arising out of operations under this Agreement. 46 30.8 Liability Insurance Modification. The City reserves the right to review the insurance requirements of this section during the effective period of the Agreement and any extension or renewal thereof and to modify insurance coverage and their limits when deemed necessary and prudent by the Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding the Agreement,but in no instance will the City allow modification whereupon the City may incur increased risk. 30.9 Policy Renewal. Within five (5) calendar days of a suspension, cancellation, or non- renewal of coverage, CCMJV shall provide a replacement Certificate of Insurance and applicable endorsements to City. Failure to provide and to maintain the required insurance shall constitute a material breach of this Agreement. 30.10 Failure to Insure. In addition to any other remedies the City may have upon CCMJV'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 CCMJV to stop work hereunder, and/or withhold any payment(s) which become due to CCMJV hereunder until CCMJV demonstrates compliance with the requirements hereof. 30.11 Property Insurance. The City currently maintains property insurance on a citywide basis for its facilities, including facilities at the Museum. Throughout the Term of this Agreement,the City shall maintain such property insurance (and be responsible for all premiums for such insurance) on City facilities, including Museum facilities, as the City determines is fiscally responsible to maintain. The City will not determine what property insurance to maintain on Museum facilities separately,but only as part of its overall determination as to the appropriate level of property insurance for City facilities citywide. City's Property Insurance "scheduled" policy coverages are in Exhibit K and scheduled values for Museum facilities are in Exhibit L. 30.12 Business Interruption Insurance. The City will not be responsible for any"business interruption" losses suffered by CCMJV as a result of damage to a Museum facility. CCMJV shall determine whether to acquire insurance to cover any such losses. 30.13 Waiver of Subrogation. The parties release each other from any claims for damage caused by or resulting from risks insured against under any insurance policies carried by the parties under this Agreement. The parties agree to cause the issuers of the insurance policies maintained by them hereunder to include waivers of the rights of recovery and subrogation. 30.14 Payment of Damages. Nothing herein contained shall be construed as limiting in any way the extent to which CCMJV may be held responsible for payments of damages to persons or property resulting from CCMJV's or its subcontractors'performance of the work covered under this Agreement. 30.15 Report of Accident. In the event of accidents of any kind related to this Agreement, CCMN shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. 47 30.16 Proceeds of Casual Insurance. If either the Museum or any part is damaged or destroyed by fire or other casualty,the City will determine whether or not repairs and restoration are practicable and feasible and will inform CCMJV in writing of its election to make or not make any such repairs and restoration within one hundred twenty(120) days following the date of such damage or destruction. All proceeds of any casualty insurance paid for by the City shall be the exclusive property of the City and CCMJV shall have no rights to receive any sums therefrom. If the City elects not to repair or restore,the City shall have the right to terminate this Agreement with respect to the Museum, without penalty,premium or fee, by sending notice to CCMJV. If the City elects not to restore any damaged or destroyed facilities' improvements and there is an outstanding approved facility expenditure due to CCMN,then City shall pay to CCMJV from the casualty insurance proceeds that portion of the casualty insurance proceeds attributable to the improvements, but in no event in an amount to exceed the outstanding facility expenditure. If the City elects not to restore the Museum (whichever has been damaged) but within one (1) year following termination of this Agreement decides to restore the same,the City shall give written notice thereof to CCMJV whereupon CCMJV shall have a period of thirty(30) days in which to elect to enter into, and actually enter into, a new contract with the City for operation of the same following its restoration which contract shall be on the same terms and conditions described herein except that the term shall be only for the portion of the term hereof lost due to termination under this Section. If on the other hand,the City elects to repair and restore,the City shall give written notice thereof to CCMJV whereupon CCMJV shall have a period of thirty(30) days in which to elect to enter into, and actually enter into, a new contract with the City for operation of the same following its restoration which contract shall be on the same terms and conditions described herein except that the term shall be only for the portion of the term hereof lost due to termination under this Section. ARTICLE 31 REPRESENTATIONS AND WARRANTIES 31.1 Representations and Warranties. CCMJV represents and warrants to the City and covenants as follows: (a) Mission. CCMJV is capable in aspects related to the operation and management of the Museum and agrees to apply its best efforts and most efficient methods in the full operation and management of the Museum. (b) Formation. CCMJV is a limited liability company duly incorporated, validly existing and in good standing under the laws of the State of Texas. (c) Authority. CCMN has full power and authority (corporate or otherwise)to enter into this Agreement and to consummate the transactions contemplated by it. This Agreement has been duly authorized by all necessary action on the part of CCMJV and no other corporate or other action on the part of CCMJV is necessary to authorize the execution and delivery of this Agreement. The individual executing this Agreement for CCMJV has full authority to do so and to bind CCMJV to its terms. 48 (d) Conflicts and Consents. The execution and delivery by CCMJV of this Agreement and the performance by CCMJV of the transactions contemplated in it will not violate any federal, state, or local law,rule, or regulation, or conflict with or result in any breach or violation of, or constitute a default (or an event which with notice or lapse of time or both would become a default)under, or constitute an event or condition that would permit termination or acceleration of the maturity of,the Articles of Incorporation, bylaws or partnership agreement of CCMJV (as applicable) or any indenture, mortgage, lease, agreement, or other instrument or obligation to which CCMJV is a party or by which it may be bound whose termination or acceleration would materially adversely affect the ability of CCMJV to perform its obligations under this Agreement.No approval, authorization, consent, or other order or action of, or filing or registration with, any person, entity, or governmental authority is required for the execution and delivery by CCMJV of this Agreement. (e) Conflict with Orders, etc. The execution and delivery by CCMJV of this Agreement will not conflict with any order,judgment, or decree of any court, government, government agency, or instrumentality, whether entered pursuant to consent or otherwise, by which CCMJV may be bound or affected. (f) Litigation. There is no litigation, action, arbitration, grievance, administrative proceeding, suit, or claim filed and pending, nor is there any investigation by a governmental agency of CCMJV or any of its affiliates that, if adversely decided, could have a material adverse impact on CCMJV's ability to perform its obligations under this Agreement. ARTICLE 32 FORCE MAJEURE 32.1 Force Majeure. As used in this Agreement,the term"Force Majeure"with respect to a delay in performance shall mean any delay that is attributable to: (a) any strike, lockout or other labor or industrial disturbance (whether or not on the part of the employees of either parry), civil disturbance, future order claiming jurisdiction, act of the public enemy, war, riot, sabotage, blockade, embargo, inability to secure customary materials, supplies or labor through ordinary sources by reason of regulation or order of any government or regulatory body; (b) any changes in any applicable laws or the interpretation; or(c) any lightning, earthquake,fire, storm, hurricane, tornado, flood, washout, explosion, or any other cause beyond the reasonable control of the party from whom performance is required and of its contractors or other representatives. Any prevention, delay, or stoppage in a party's performance due to Force Majeure shall excuse the performance of the parry affected for a period of time equal to any such prevention, delay, or stoppage;provided, however, that during the period of any such delay or stoppage,the party whose performance is excused shall take all reasonable steps to minimize the length of such delay or stoppage. ARTICLE 33 49 INDEMNITY 33.1 Indemnification and Hold Harmless, CCMJV, its officers, agents, and employees ("Indemnitor") shall indemnify and hold the City of Corpus Christi, its officers, agents, employees and representatives ("Indemnitees"), harmless and defend with counsel retained by CCMJV, from and against any third-parry action, cause of action, suit, debt, cost, directly-related reasonable expense (including reasonable attorneys' fees, court costs or investigation costs), claim, or demand brought or asserted by any third-party whomsoever(collectively, "Claims"), including but not limited to claims on account of personal injuries or death or damage to property, at law or in equity, which any Indemnitees may suffer or sustain or which may be asserted or instituted against any of Indemnitees resulting from or in connection with(i)the negligence or willful misconduct of CCMJV or its agents, contractors or employees; (ii) any breach or default by CCMJV of any of its warranties,representations, covenants, or obligations made in this Agreement; or(iii)the violation of any copyright, patent, service mark,trade name or trademark by CCMJV; provided,however,that the foregoing indemnification shall not extend to Claims to the extent such Claims (A) arise from any breach or default by the City of any of its warranties, representations, covenants or Obligations made in this Agreement, as determined by a court of competent jurisdiction, (B) are caused by or arise out of the services provided by the architects, engineers and other agents (other than CCMJV) retained by the City in connection with capital improvements or capital equipment purchases at the Facility, (C) arise from the fact that at any time prior to, as of, or after the commencement of the term hereof the Facility and its premises are not or have not been, in compliance with all federal, state, local and municipal regulations, ordinances, statutes, rules, laws and constitutional provisions including, but not limited to, all handicap accessibility laws, rules and regulations, (D) arise from any obligation or liability under or in respect of any contract, agreement or other instrument executed by CCMJV as authorized herein unless CCMJV's acts or omissions in administration thereof are the basis for such liability, as determined by a court of competent jurisdiction, (E) arise from any act or omission carried out by CCMJV at or pursuant to the express direction or instruction of the City's Contract Administrator(but only if CCMJV advises the City's Contract Administrator in writing, promptly following such direction, that CCMJV believes such direction to be imprudent) , or (F) arise from acts of negligence or willful misconduct of City's agents, employees or subcontractors. City agrees to promptly notify CCMJV of any Claim received by the City. This indemnity specifically includes any Claims brought by CCMJV's officers, agents, contractors, or direct employees. This indemnity shall continue notwithstanding the termination of this Agreement with respect to any act or occurrence preceding the termination. 33.2 Relationship to Insurance Obligations. Nothing contained in this Article 33 shall be construed to affect the allocation of responsibilities between the Parties or the insurance coverages required in Article 30 of this Agreement. ARTICLE 34 DEFAULT; TERMINATION OF AGREEMENT; REMEDIES 34.1 Termination by City. The City shall have the right to terminate this Agreement following an Event of Default. The following shall constitute"Events of Default"under this Agreement: 50 (a) failure of CCMJV to perform or comply with any covenant or condition made under this Agreement, or failure of any representation or warranty made by CCMJV in this Agreement to have been or to continue to be true and correct,provided CCMJV shall have a period of sixty (60) days from the date of written notice from the City within which to cure such default, or, if such default is not legally capable of cure within such 60-day period, CCMJV shall have a reasonable period to complete such cure if CCMJV promptly undertakes action to cure such default within such 60-day period and later diligently prosecutes such action to completion; (b) abandonment or assignment or encumbrance or transfer of this Agreement or of the Property by CCMJV, without the prior written consent of City; and (c) the appointment of a receiver to take possession of all or substantially all of the assets of CCMJV, or an assignment by CCMJV for the benefit of creditors, or any action taken or suffered by CCMJV under any insolvency,bankruptcy, reorganization,moratorium, or other debtor relief act or statute, whether now existing or later amended or enacted, if any such receiver, assignment, or action is not released, discharged, dismissed, or vacated within sixty (60) days. (d) The above is in addition to any other right to terminate explicitly given to the City elsewhere in this Agreement. 34.2 Termination by CCMJV. In the event the City fails to timely pay any portion of any fee due under this Agreement or to perform any other obligation required to be performed by the City, and such failure is not cured within sixty(60) days after written notice of such failure has been delivered to the City by CCMJV, CCMJV shall have the right to terminate this Agreement; provided that if such default is not legally capable of cure within such 60-day period,the City shall have a reasonable period to complete such cure if the City promptly undertakes action to cure such default within such 60-day period and later diligently prosecutes such action to completion. The above is in addition to any other right to terminate explicitly given to CCMJV elsewhere in this Agreement. ARTICLE 35 SURRENDER OF PREMISES 35.1 Surrender of Premises; Transition. Upon the Termination Date or other termination of this Agreement, CCMJV shall (a)promptly remit to the City funds which are due and owing pursuant to the terms of this Agreement, including funds not expended but held by CCMJV, and (b)peaceably quit and surrender to the City the Premises and Property together with all permanent improvements approved by the City, in good order and condition,normal wear and tear and damage caused by casualty or condemnation excepted. In order to determine the proper remittance to the City under the above-mentioned clause (a), CCMJV agrees throughout the term of this Agreement to segregate Revenue and Operation Support Payment in an account or accounts separate from other funds held by CCMJV. The Premises and Personal Property shall be surrendered free and clear of all.liens and encumbrances other than presently existing liens and encumbrances and any other encumbrances created or approved in writing by City. CCMJV 51 shall, immediately before the Termination Date or other termination of this Agreement, remove all of CCMJV's Property as provided in this Agreement, and repair any damage resulting from the removal. CCMJV's obligations under this Article shall survive the Termination Date or other termination of this Agreement. Any items of CCMJV's Property which shall remain in the Premises after the Termination Date of this Agreement may, at the option of the City, be deemed abandoned and in such case may be disposed of by City in any manner allowed by law. Upon the termination of this Agreement for any reason, CCMJV and the City shall cooperate to the fullest reasonable extent in effecting an orderly and efficient transfer of the operation and management of the Museum from CCMJV to the City or its designee. Such cooperation shall include without limitation the entry into such agreement, the execution of such documents and the convening of such meetings as may be reasonable required to affect such transfer. ARTICLE 36 HAZARDOUS MATERIALS 36.1 Definitions. As used in this Agreement,the following terms shall have the meanings set forth below: (a) "Environmental Laws"means any applicable federal, state, and local laws (whether under common law, statute, ordinance, rule, regulation, code, or otherwise),permits, orders, decrees, and other requirements of governmental authorities relating to the protection of human health or the environment, whether existing as of this date, previously enforced, or subsequently enacted. (b) "Hazardous Material" means any element, compound, chemical, chemical mixture, or other substance that is identified as, or determined to be, a hazardous,toxic, or dangerous substance, pollutant, contaminant,waste, or material under, or is otherwise regulated under, any Environmental Law or other law relating to chemical management, environmental contamination, environmental cleanup, or nuisances, including, without limitation,petroleum and petroleum products, asbestos, radon and other radioactive materials, bio-hazards, and lead-based paint. (c) "Release" when used with respect to Hazardous Material shall include any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing in, on,under, or about any other part of the Property. 36.2 No Hazardous Materials. CCMJV covenants and agrees that neither CCMJV nor any of its agents or Invitees shall.cause or permit any Hazardous Material to be brought upon, kept, used, stored, generated, or disposed of in, on, or about the Property, or transported to or from the Property,provided that CCMJV may use such substances in such limited amounts as are customarily used in the operation and maintenance of a Museum so long as such use is in compliance with all applicable Environmental Laws. Each party shall immediately notify the 52 other party if and when such parry learns or has reason to believe there has been any Release of Hazardous Material on or about the Property. 36.3 CCMJV's Environmental Indemnity. If CCMJV breaches any of its obligations contained in this Article, or, if any act, omission or negligence of CCMJV or any of its agents or Invitees results in any contamination of the Premises or any other part of the Property or in the Release of Hazardous Material from, on, about, in, on or beneath the Property,then CCMJV shall Indemnify the City from and against all losses (including,without limitation,the loss or restriction of the use of the Property and sums paid in settlement of claims, fines, civil penalties, attorney's fees, consultants' fees.and experts' fees and costs) arising during or after the Term of this Agreement and relating to such Release; provided,however,that the Indemnity contained in this Article shall not apply to any losses resulting from a Preexisting Condition. The above- mentioned indemnity includes,without limitation, costs incurred in connection with the investigation of site conditions and all activities required to locate, assess, evaluate, remediate, clean up, remove, contain,treat, stabilize, monitor or otherwise control any Hazardous Material, and to restore the Property to its prior condition. Without limiting the above, if CCMJV or any of its agents or invitees causes or permits the Release of any Hazardous Materials on, about, in or beneath the Property, CCMJV shall, immediately, at no expense to the City,take any and all necessary actions to abate and remediate the Release in accordance with all Environmental Laws. CCMJV shall afford the City a full opportunity to participate in any discussions with governmental regulatory agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree, or other compromise or proceeding involving Hazardous Material. ARTICLE 37 ASSIGNMENTS; SUBCONTRACTING 37.1 Assignments; Subcontracting. CCMJV has been chosen by the City to operate and manage the Museum in reliance upon CCMJV's stated and unique expertise, skill, knowledge, and mission. CCMJV shall not assign,transfer,mortgage or encumber its interest in this Agreement or any other right,privilege or license conferred by this Agreement, either in whole or in part. Any assignment or encumbrance shall be voidable and, at the City's election, shall constitute a material default under this Agreement. Without limiting the obligations of CCMJV under this Agreement, CCMJV shall have the right and the authority to enter into contracting arrangements with any other person or entity (including without limitation the City or other City agency) for the provision of any service required or allowed to be performed by CCMJV under this Agreement. ARTICLE 38 NOTICES 381 Notices. All notices required to be given shall be in writing and either delivered personally or sent by certified mail to the appropriate address listed below, or at such other address as shall be provided by written notice.Notice shall be deemed communicated two Business Days from the time of mailing if mailed as provided in this Article. For convenience of 53 the parties, copies of notices may also be given by other means; however,neither party may give official or binding notice except by personal delivery or by certified mail. If to Corpus Christi Museum Joint Venture: William Durrill 615 Upper Broadway Corpus Christi, Texas 78401 If to the City of Corpus Christi: Ronald L. Olson City Manager City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469 ARTICLE 39 COMPLIANCE WITH LAWS 39.1 Generally. CCMJV shall comply and conform with all laws and all governmental regulations, rules, and orders that may from time to time be put into effect relating to, controlling or limiting the use and operation of the Museum. CCMJV shall secure, or cooperate with the ' City in its securing, all permits and licenses specifically required for the operation of the Museum(copies of which shall be promptly provided to the City), and shall comply with all applicable laws and regulations relating to labor employed in and relating to the operation of the Museum. 39.2 Preexisting Conditions. Notwithstanding any other provision of this Agreement to the contrary, CCMJV shall incur no liability for, or assume any obligation to correct, any Preexisting Condition;provided,however, that CCMJV shall use its reasonable efforts to (a) identify all such Preexisting Conditions and notify the City immediately of their existence, (b)take all reasonable action necessary to minimize any risk of injury or liability that may be occasioned by such a Preexisting Condition, and (c)to the extent funds are or become available, as referred to in the following sentence, take all reasonable action necessary to correct any such Preexisting Condition; provided further, however,that the above shall not condition or limit City's Indemnity under Article 33 above. The City agrees to use its reasonable efforts to assist CCMW in obtaining such grants or other funds as may be available to assist in the financing of any work performed to bring any building, structure or service within the Premises into compliance with any applicable local, state or federal law or regulation, including without limitation the Americans with Disabilities Act of 1990.Nothing in this Article shall eliminate any obligation of CCMJV to ensure that all new construction, remodeling or rehabilitation work performed by CCMJV at the Museum is completed in compliance with all applicable local, state, and federal laws and regulations_ Either party shall have the option of terminating this Agreement in the event the parties are unable to satisfactorily resolve any Preexisting Condition. 39.3 Americans with Disabilities Act. CCMJV acknowledges that the Americans with Disabilities Act(the"ADA") requires that programs, services, and other activities provided by a 54 public entity to the public, whether directly or through a contractor, must be accessible to the disabled public. CCMJV further acknowledges its obligation to comply with the ADA and any other federal, state or local disability rights legislation. CCMJV warrants that it will fulfill that obligation, and that it will not discriminate against disabled persons in the provision of services, benefits or activities pursuant to this Agreement. 39.4 Non-Discrimination Ordinances. CCMJV shall comply with all provisions of CORPUS CHRISTI,TEx.,CODE §24-82, as amended, recodified or reenacted from time to time, relating to equal opportunity in employment and business practices. Such provisions are incorporated in this Agreement and by reference made a part of this Agreement as though fully set forth in this Agreement. ARTICLE 40 TAXES,ASSESSMENTS, LICENSES,PERMIT FEES, AND LIENS 40.1 Taxes,Assessments, Licenses, Permit Fees, and Liens. CCMJV agrees to pay taxes of any kind, including any possessory interest taxes (unless exempt under Texas law), that may be lawfully assessed on or on account of the performance of this Agreement and to pay all other taxes, excises, licenses, permit charges, and assessments based on CCMJV's use of the Premises that may be imposed upon CCMJV by law, all of which shall be paid when such sums become due and payable and before delinquency. CCMJV agrees not to allow or suffer a lien for any such taxes to be imposed upon the Premises or upon any equipment or property located there without promptly discharging such lien, provided that CCMJV, if so desiring, may have reasonable opportunity to contest the validity of it. If CCMJV intends to contest or to fail to pay when due any tax or fee referred to in the preceding sentence, CCMJV shall provide the City with at least 30-days' notice of that intention before the tax is due, explaining its reasons. 40.2 Sales Tax. CCMJV shall collect and remit all sales tax required by law.. CCMJV shall be responsible for the payment of all sales tax collected. If CCMJV intends to contest or to fail to pay when due any tax or fee referred to in the preceding sentence, CCMJV shall provide the City with at least 30-days' notice of that intention before the tax is due, explaining its reasons. 40.3 Unpaid taxes. The City may choose to pay the tax on behalf of CCMJV, and if it is later determined the tax or some portion of it validly owed, CCMJV shall reimburse the City within thirty(30) days of written demand. ARTICLE 41 MISCELLANEOUS 41.1 Liability of the City. The City's obligations to CCMJV under this Agreement shall be limited to the terms and conditions set forth in this Agreement. Notwithstanding any other provision in this Agreement to the contrary, in no event shall the City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including without limitation lost profits, arising out of or in connection with this Agreement or the services performed in connection with this Agreement. 55 41.2 Liability of CCMJV. CCMJV's obligations to the City under this Agreement shall be Ti tcd to the terms and conditions set forth in this Agreement. Notwithstanding any other provision in this Agreement to the contrary, in no event shall CCMJV be liable,regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including without limitation lost profits, arising out of or in connection with this Agreement or the services performed in connection with this Agreement. 41.3 Liens. CCMJV shall keep the Premises and Personal Property free from any liens arising out of any work performed, material furnished or obligations incurred by or for CCMJV and any other liens or encumbrances. 41.4 Parties and Their Agents. As used in this Agreement, the term"agents"when used with respect to either parry shall include the agents, employees, officers, and representatives of such party. All approvals, consents or other determinations permitted or required by the City shall be made by or through the City Manager unless otherwise provided in this Agreement or unless the City gives notice otherwise to CCMJV. 41.5 Dispute Resolution. In the event of a dispute between CCMJV and the City regarding any term of this Agreement,the parties shall attempt to resolve the matter informally through the following mechanism: the City Manager and CCMJV management, or their respective designees, shall meet to review and discuss the matters in dispute; if the City Manager and CCMJV are unable to reach a mutual resolution, either party may submit the matter to a nonbinding, structured mediation procedure fashioned by persons or organizations experienced in alternative dispute resolution("ADR")procedures. The mediation may be requested by any party and shall be initiated within thirty (30) days from the date of the request unless extended by agreement of both parties. The alternative dispute resolution procedures utilized for the mediation shall include the exchange of written claims and responses, with supporting information, at least seven (7) days prior to the actual mediation. The positions expressed and mediator's recommendations shall not be admissible as evidence in any subsequent ADR or legal proceeding. If the matter is submitted to mediation and the matter is not resolved, an affected party shall be entitled to pursue any legal remedy available. 41.6 No Implied Waiver. No failure by either party to insist upon the strict performance of any obligation of the other party under this Agreement or to exercise any right,power or remedy arising out of a breach, irrespective of the length of time for which such failure continues (except in cases where this Agreement expressly limits the time for exercising rights or remedies arising out of a breach), shall constitute a waiver of such breach or of that party's right to demand strict compliance such term, covenant or condition or operate as a surrender of this Agreement. No waiver of any default or the performance of any provision shall affect any other default or performance, or cover any other period of time, other than the default,performance or period of time specified in such express waiver. One or more written waivers of a default or the performance of any provision shall not be deemed to be a waiver of a subsequent default or performance. The consent of either party given in any instance under the terms of this Agreement shall not relieve the other party of any obligation to secure the consent of the other party in any other or future instance under the terms of this Agreement. 56 41.7 Headings and Subheadings. The captions preceding the articles and sections of this Agreement and in the table of contents have been inserted for convenience of reference and such captions in no way define or limit the scope or intent of any provision of this Agreement. 41.8 Successors and Assigns. The terms, covenants, and conditions contained in this Agreement shall bind and inure to the benefit of the City and CCMN and, except as otherwise provided in this Agreement,their personal representatives and successors and assigns. There are no third-party beneficiaries to this Agreement. 41.9 Access to Museum. The City and their duly authorized agents shall have access to the Premises and other Property at all times (a) for the purpose of inspection and to make any repairs, additions or renovations as the City may have the right to do under the provisions of this Agreement, and(b) for use by the City in case of emergency, as determined by City in its sole discretion. 41.10 Relationship of Parties. The services to be rendered by CCMJV pursuant to this Agreement are as an independent contractor only and the relationship between CCMJV and the City is solely that of owner and contractor. Nothing contained in this Agreement shall be construed to create a partnership,joint venture, or a relationship of employment or agency. 41.11 Agreement Made in Texas. This Agreement shall be deemed to be made in and shall be construed in accordance with the laws of the State of Texas. Venue of any action brought by one party against the other to enforce or arising out of this Agreement shall be in Nueces County, Texas. 41.12 Integrated Agreement; Modification. This Agreement contains all the agreements of the parties relating to the subject matter addressed in this Agreement, and cannot be amended or modified except by a written agreement approved by the City of Corpus Christi City Council and mutually executed between each of the parties. 41.13 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original,but all of which taken together shall constitute one and the same instrument. 41.14 Exhibits. All Exhibits to which reference is made in this agreement are deemed incorporated in this agreement in their entirety, whether or not actually attached. 41.15 Non-Liability of Officials Employees, and Agents. No elective or appointive board, commission,member, officer, employee or other agent of the City shall be personally liable to CCMJV' its successors, and assigns, in the event of any default or breach by the City or for any amount which may become due to CCMJV, its successors, and assigns under this Agreement, or for any obligation of the City under this Agreement. Likewise,no board member,member, officer, employee or other agent of CCMJV shall be personally liable to the City, its successors, and assigns under this Agreement, in the event of any default or breach by CCMJV or for any 57 amount which may become due to the City, its successors, and assigns, or for any obligation of CCMJV under this Agreement. 41.16 Time of Essence. Time is of the essence of each provision of this Agreement. 41.17 Survival of Indemnities. Termination of this Agreement shall not affect the right of either party to enforce any and all Indemnities and representations and warranties given or made to the other party under this Agreement, nor shall it affect any provision of this Agreement that expressly states it shall survive such termination. 41.18 Good Faith Dealings. All parties will act in good faith in the preparation, execution, and resolution of any matter within the scope of this Agreement. These good faith acts shall be made in a lawful and ethical manner. 41.19 Severability. If any article, section, subsection,paragraph, sentence or clause of this Agreement shall be deemed to be illegal, invalid or unenforceable for any reason, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement. If any change occurs during the term of this Agreement with respect to any laws, rules, regulations or ordinances which affect the rights or obligations of CCMJV or the City under this Agreement, or the applicability of any taxes or fees, CCMJV and the City shall negotiate in good faith to bring this Agreement into conformance with such change or changes. In the event that such agreement cannot be reached, CCMJV or the City shall have the right to immediately terminate this Agreement upon written notice to the other party. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CORPUS CHRISTI MUSEUM CITY OF CORPUS CHRISTI JOINT VENT By: By: William ~--. o son Principal C er y 1 Z- / - 2�7 ��1 a-- Date Date Approved as to legal form: u iA A 2- , 2012 CUY Buck Brice _[ Assistant City Attorney RIL. . �vw For City Attorney my 1C4t ��4 �Q w VE �ti 4fr AA og.,Sh IN , ; r x il >ergy { ink r I 9 :flff}, ientaf Culture -re Parking Lot �~v. H. CHA PARRAL s • r, rril iiH lY: '• i,:�.ii"'•• !�' ..y .. w�1�7! I�' •ti: � a� �Ay r+ :,i':;fit,._. ti.�.�...,::±•�; +�`• 'f '•t '4' "777 .f:•��'.�":•`�''�"-"''•••� .�rf 3t � ''��'%• is ,�,a' �Yj.: ;\ f s,,.:. :::...� ,: ►, .w V:, •M•R•w:P,Li •.� ':s � _::Iz±~� ,`i�:�.'e�:•+� ,1C. low ESC uj INEER ,j'�t:- '.r.':.�.:'., •:1!':!- •:r•:-.1 f'.ter•• } 1 t'{:..J., .'/ktt4,• :}: x;1;;,.3;,,• ':r S:`� `� I i 3 1 +��'is;•.,,•.:.• -'~.',.-'.--',:"srt" � r ;{:' }j•,,',.Fr In 0 .;'/• :.1?..�;. � ••tom�;z,A�F_� .� 1 �Y S'yr•S•''S• •14i1�' .r,i r� I •.ti:. l�•,u• I -itnlJ�b k: I • -.m���..� lit' •� �• C ?Oft 03/9 ., I I Alueu m Y .Park g -Ots h' g' l"Ated I AMERICAN ASSOCIATION OF MUSEUMS { AAA! November 23,2011 Accreditation Commission Mr.Rickard R.Stryker,ji. chair Director Bonnie Styles Corpus Christi Museum of Science and History Director,Illinois State Museum) 1900 N Chaparral St Springfield, Corpus Christi;TX 78401-1114 Illinois William Eiland, Dear Mr. Stryker: Director,Georgia PAuseurri of An. On behalf of the Accreditation Commission'it is my great pleasure to tell you that the Athens,Georgia Corpus Christi Museum of Science and History has been awarded subsequent AAM AndrewMas'rch Museum Accreditation at the November 7-%2011 meeting! f President and Coo,senator This means.the museum meets National Standards and Best Practices for U.S. Museums i John Heinz History Center, and remains a member of a community of institutions that have chosen to hold themselves a Pittsburgh, -able accountable to excellence.Through a xigorous.process of self assessment and Pennsylvania review by its peers,the museum has shown itself to be a:good steward of its resources held in'the public trust and committed to a philosophy of continual institutional growth. Patricia Murphy Executive Director,Oberlin We applaud the museum for excellent educational programs and exhibitions that engage Heritage Center, regional audiences.B the time of the next.review,Nve expect to see evidence of a strategic Oberlin,Ohio � y � l' $� planning process and approved plan that,in partnership with the.City of Corpus Christi, Terre Rouse meets the Accredidatzorr Commission's�ectations Regardin; Xrtsitartional Planning(enclosed).The Founding and planning process should include a review.of the mission statement and address governance Former CEO for issues,including clw delegation of authority to improve staff efficiency and morale.We Visitor Services, United States encourage the City Council,as a partner and parent.to the museum,to participate in the Capital Visitors planning process and endorse a plan that will help the museum continue to meet best Center, practices in the museum field and achieve its full potential. Washington,DC p p Mary sue Accredited museums are looked tip to as leaders in the field and we encourage you to Sweeney/'rke proactively fulfill this responsibility by serving as a mentor and resource for other museums. Director,Museum,r,The Newark Support and encourage museums working towards meeting standards,improving practices, New Jersey or seeking accreditation by attending and speaking at professional.meetings,being an AAM peer reviewer,and sharing your expertise in other ways. James LVelu Worcester help ensure that accredited museums maintain their level of professional performance Museuter the must under periodic reaccreditation reviews.Effective in 2010 the Accreditation Ititu�umo€Art, Y �p > Worcester, Commission has implemented a temporary:extension of the standard review cycle from 10 Massachusetts years to 15 years.The Accreditation Program staff will therefore initiate the museum's next accreditation review-_-starting with the self-study process—in 2024.As part of the cycle extension,museums will also be asked to periodically submit updates/data electronically in 1575 EYE sneer NW,SUITE 400,WASHINGTON nc a000s EJCHIBIT PHONE:202,2891818 PAY:202.289.6578 WWW AAM-US.ORG x F the interveririg years. Mote information about this new component will be released in the next couple of years. . Congratulations on this.achievement, I know everyone at the museum.has:wotked hard to earn this honor.The Accreditation Program staff can always be reached at(202),299-9116 or by e-mail at accreditation @aam-us.org if you have any questions about the program.and maintaining your institution's accredited status. Sincerely yours, Bonnie W.Styles,Ph.D. Chair,Accreditation CotnmiSSion Director,Illinois State Museum Enclosures ccre atation Commission Eaciectatz hr Re ardfnglnsliWional Planning Award Kit Site Visit Report What You Need To Know.About:The Museum's Visiting Committee Site Visit Report What You Need to Know About:The Temporary Reaccreditation Cycle Extension cc-.Mr.Ronald L.Colson,Manager,City of Corpus Christi Mr. Bruce B. Eldredge,Visiting Committee Team Contact Ms. Laurie J.Rufe,Visiting Committee Team Member By accepting.accredited status,your institution agrees to abide by the decisions of the Accreditation Commission regarding continuing review,subsequent accreditation,and,if necessary,withdrawal of accreditation;and to comply, with the administrative requirements of the program.You may display your certificates of accreditation and use the accreditation logo on printed materials as long as your institution meets the program requirements and standards for accreditation as determined by the Accreditation Cornniission. EXHI81'r _; 0 TEXAS RICK PERRY,GOVERNOR HISTORICAL JOHM L.NAU,Iii,CHAIRMAN COMMISSION F.LKWERENCE OAKS,EXECUTIVE DIRECTOR The Staff Algelwy forHistone Preservation November 8,2005 Richard Stryker,Ph.D., Director Corpus Christi Museum of Science and History 1900 N.Chaparral . Corpus Christi,TX 78401 Dear Rick, i Congratulations on your successfid certification through the Texas Historical Cornmission's (THC)Curatorial Facility Certification Program(CFCP). Your willingness to participate as the first curatorial facility to undergo the certification process has proved successful,both for your facility and the CFCP in general. The observations and suggestions you offered with regards to the program are very much appreciated and will be taken into consideration after the initial testing phase of the CFCP is complete. The Corpus Christi Museum of Science and History was granted certification with three deficiency factors at the quarterly meeting of the THC held in Jefferson,TX from October 26— 28,2005. The three noted deficiency factors include incomplete held-in-trust agreements for state-associated held-in-trust collections,substandard policies and substandard procedures as outlined in the CFCP handbook. Certification is granted for a period of ten years. Thus,initial certification for the Corpus Christi Museum of Science and History will expire on October 28,2015. Prior to expiration,the Corpus Christi Museum of Science and History will be notified by the THC regarding the need to renew its certification. Mark Ryan,the Curatorial Facility Certification Program Coordinator,will work with you and your staff on monitoring progress towards efforts taken to remedy the noted deficiency factors. Please feel free to contact Mark at(512)463-6252 for more information or to discuss any issues or concerns. Congratulations once more on your successful certification. Sine , F.La rence Oaks Executive Director FLOIJBnft EXHIBIT 2 P.O.BOX 12276 • AUSTIN,Tx 75711-2276 . 512/463-6100 • FAX 512/475-4872 • TDD 1-8001735-2989 vrww.thc.state.fmus __ _ DEPARTMENFOF THE INTERIOR sI n I (I2 U.S.FISH AND WILDLIFE SERVICE ' L n1V ] 2.AUTHORITY-STATUTES 18 USC 703-712 FEDERAL FISH AND WILDLIFE PERMIT REGULATIONS 50 CFR Part 13 1.PERMITTEE 50 CFR 21.27 CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY CORPUS CHRISTI MUSEUM 11266A CORPUS CHRISTI,TX 78401 U.S.A. 3.NUMBER MB11266A-0 4,RE NEINABLE b.MAY COPY — YES YES ND NO 6.EFFECTIVE 7.EXPIRES 09/0112010 03/3112013 S.NAME A1IDTRLeOF PRINCIPAL OFFICER (If#If58bus,'am) B.TYPE OF PERMIT RICHARD S.STRYKER SPECIAL PURPOSE POSSESSION-DEAD MIGRATORY BIRDS FOR MUSEUM DIRECTOR EDUCATIONAL USE 10.LOCATION WHERE AUTHORIZED ACTIVITY MAYBE CONDUCTED TEXAS 1900 N.CHAPARRAL NUECES COUNTY CORPUS CHRISTI TX a 11.CONDITIONS AND AUTHORIZATIONS: A. GENERAL CONDITIONS SET OUT IN SUBPART D OF 50 CFR 13,AND SPECIFIC CONDITIONS CONTAINED IN FEDERAL REGULATIONS CITED IN BLOCK#2 ABOVE,ARE HEREBY MADE APART OF THIS PERMIT. ALL ACTIVITIES AUTHORIZED HEREIN MUST BE CARRIED OUT IN ACCORD WITH AND FOR THE PURPOSES DESCRIBED IN THE APPLICATION SUBMITTED.CONTINUED VALIDITY,OR RENEWAL,OF THIS PERMIT ES SUBJECT TO COMPLETE AND TIMELY COMPLIANCE WITH ALL APPLICABLE CONDITIONS,INCLUDING THE FILING OF ALL REQU IRM INFORMATION AND REPORTS, B. THE VALIDITY OF THIS PERMIT[S ALSO CONDITIONED UPON STRICT OBSERVANCE OF ALL APPLICABLE FOREIGN,STATE,LOCAL OR OTHER FEAERAI.LAW. C, VALID FOR USE BY PERM ITTEE NAMED ABOVE. D. You are authorized to possess for conservation education purposes lawfully acquired-dead migratory bird speEdmen(s),Including parts,nests,and nonviable eggs. This authorization to possess migratory birds does not apply to bald eagles or golden eagles.. Species authorized:All. Note:No Bald&Golden Eagle,no Threatened&Endangered species E. Any person who is(1)employed by or under contract to you for the activities specified in this permit,or(2)otherwise designated a subpermittee by you in writing,may exercise the authority of this permit. Authorized subpermittees: Corpus Christi Museum staff F. You and any subpermittees must comply with the attached Standard Conditions for Special Purpose Possession Dead Migratory Bird Educational Use Permits. ADDITIONAL CONDITIONS AND AUTHORIZATIONS ALSO APPLY 2.REPORTING REQUIREMENTS ANNUAL REPORT DUE:01131 ISSUED BY TrTLe DATE ADMINISTRATOR,MIGRATORY BIRD PERMIT OFFICE-REGION 2 091011{2010 I. DEPARTMENT OF THE INTERIOR 3-261 tx:s U.S.FISH AND WILDLIFE SERVICE (1197) F[��Lg'6 - 2 AUTHORITY-STATUTES 16 uSC 6688 FEDERAL FISH AND WILDLIFE PERMIT REGULATIONS 50 CFR PART 13 1.PERM= 50 CFR 2221 CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY 1900 N.CHAPARRAL CORPUS CHRISTI,TX 78401 U.S.A. 3.NUMBER MB1126SA-0 4.RENEWASLE S.MAY COPY �( YES ;( YES NO NO 6.EFFECTIVE 7.EXPRES 09/01/21310 03/31/2013 B.NAh9E ANDTITL-E OF PRINCIPAL OFFICER (!f#1 is abuskress) 9.TYPE OF PERMIT RICHARD S.STRYKER DEAD EAGLE EXHIBITION MUSEUM DIRECTOR 10.LOCATION WHERE AUTHORIZED ACTIVITY MAY BE CONDUCTED TEXAS 1900 N.CHAPARRAL. NUECES COUNTY CORPUS CHRISTI TX 11.CONDITIONS AND AUTHORIZATIONS: - A. GENERAL CONDITIONS SET OUT IN SUBPART D OF 50 CFR 13,AND SPECFIC CONDITIONS CONTAINED IN FEDERAL REGULATIONS CITED IN BLOCK#2 ABOVE,ARE HEREBY MADE A PART OF THIS PERMIT.ALL ACTIVITIES AUTHORED HEREIN MUST BE CARRIED OUT IN ACCORD WITH AND FORTHE PURPOSES DESCRRED IN THE APPLICATION SUBMITTED.CONTINUED VALIDITY,OR RENEWAL,OF THIS PERMIT IS SUBJECTTO COMPLETE AND TIMELY COMPLIANCE wrrH ALL APPLICABLE:CONDITIONS,INCLUDING THE FILING OF ALL REQUIRED INFORMATION AND REPORTS. B.THE VALIDnYOF THIS PERMIT IS ALSO CONDITIONED UPON STRICT OBSERVANCE OF ALL APPLICABLE FOREIGN,STATE,LOCAL OR OTHER FEDERAL LAW, C_VALID FOR USE BY PERMITTEE NAMED ABOVE. D. You are authorized to ssess for conservation education purposes the following eagle specimen(s): qty Ispecimen Acquired from Date Acq. i Bald Eagle,full mount donated by US FWS 7/16/1971 1 Golden Eagle,egg on loan Am.Mus,Nat.Hist. 1970 1 Golden Eagle,study skin 1973 Bald Eagle,egg _ Forbes Nat Scl.for Youth Fndn 6/17/1975 2 Eagle,wings donated by Charles Moss 613/1980 1 _Bald Eagle,egg Forbes Nat Sci.for Youth Fndn 11/19/1969 L _ Sold Eagle,egg I Forbes Nat Sci.for Youth Fndn 6/17/1975 E. Any person who is(1)employed by or under contract to you for the activities specified 1-n this permit,or(2)otherwise designated a subpermittee by you in writing,may exercise the authority of this permit Authorized subpermittees: Corpus Christi Museum staff F. You and any subpermittees must comply with the attached Standard Conditions for Dead Eagle Exhibition Permits. ADDITIONAL CONDTTONS AND AUTHORIZATIONS ALSO APPLY H � � - 2.REPORTING REQUIREMENTS ANNUAL REPORT DUE:01131 E ,a ISSUED BY TITLE DATE ADMINISTRATOR,MIGRATORY BIRD PERMIT OFFICE-REGION 2 09/01/2010 EDUCATI09AL DISPLAY PERMIT NUMBER EDU-0707-1444 IS HEREBY ISSUED TO: RICHARD STRYKER9 JR. f CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY UNDER THE AUTHORITY OF CHAPTER 43,SUBCHAPTER C OF THE TEXAS PARKS AND WILDLIFE CODE The activities permitted by this document are to be carried out in accordance with the Texas Parks and Wildlife Code, the Rules and Regulations of the Texas Parks and Wildlife Commission, and all of the following provisions: 1. This permit may not be transferred,assigned or conveyed by the holder. 2. The issuance of this permit is not a guarantee that a subsequent permit or renewal of this permit will be granted. 3. Required information and data shall be maintained at the address of the permit holder and shall be available for inspection at the request of personnel of the Texas Parks and Wildlife Department during the active life of the permit. v 4. Acceptance of this permit constitutes an acknowledgment and agreement that the holder will comply with all Rules, Regulations,Orders and Proclamations of the Texas Parks and Wildlife Commission issued in accordance with the law and the conditions precedent to the granting of this permit.Failure to comply with any and all provisions of this permit may result in enforcement action, including criminal penalties authorized by the Parks and Wildlife Cade,and the revocation of this permit, 5. This permit does not relieve the holder of the responsibility to obey all other local,county,state and federal laws while carrying out the authorized activities. ADDITIONAL PROVISIONS FOLLOW ON ATTACHED PAGES.- ' Carter Snnith EXECUTIVE DIRECTOR TEXAS?ARKS AND WILDLIFE DEPARTMENT Issued by: A 1 August 11,2011 Mitch Lockwood Amended Date Interim Director,Big Game Program b. This permit will expire at midnight,August 2,2013. 7. The following individuals may conduct the activities authorized by this permit under the guidance of the permittee: SUBPERMIT1`EE&ASI&EY RENDER-qON,MAGDALENA MF.DIiANO,ROY GARRETT UNPERNIT TED►ASSISTANTS: A permittee engaging unpermitted assistants shall maintain on file at their office and possess on their person in the field a signed and dated list of all unpermitted persons assisting in permitted activities. Page I of 6 Stryker,Richard Expires 08102/2013 Scientific Permit No.EDU-0707-1404 1� a 8. The following wildlife species-in the specified quantities are authorized by this permit to be: a.received from legal sources and held on public display for educational purposes. 'af Common Name Scientific Name Quantity �IV - Reptiles,excluding species listed by the Department as N.A. threatened or endangered,unless authorized below, Texas Tortoise Gopherus berla"eri NTE 1 American Alligator Alligator mississippi NTE 2 b.taken from the public waters of Texas for educational purposes. Common Name Quantity Freshwater and marine fishes and invertebrates, NTE 20 specimens excluding species listed by the Department as per species per year threatened or endangered. c. received and possessed for the purpose of salvage, specimens found dead or received from legal sources. Common Name Scientific Name Quantity Birds*(bird specimens,parts,eggs,or nests),mammals,reptiles,amphibians,and invertebrates. ]Excluding species listed by the Department as threatened or endangered, unless expressly authorized below. BIRDS(bird specimens,parts,eggs,or nests) Bald Eagle Haliaeetus leucocephalus N.A. Golden Eagle Aquila chrysaetos N.A. White-tailed Hawk Suteo albicaudatus N.A. Reddish Egret Egretta rufescerrs NA. Piping Plover Charadrius melodus N.A. Wood Stork Myeteria Americana N.A. Bachman'sSparrow Aimphilaaesttvalis N.A. Peregrine Falcon Nalco peregrines N.A. Whooping Crane GrusAmericana N.A. Sooty Tern Sterna fuseata N.A. Least Tern Sterna antillarum N.A. Golden-cheeked Warbler Dendrolca chrysoparia N.A. Brown Pelican Pelecanus oecidentalis N.A. Spotted Owl Strix occidentalis N.A. White-faced Ibis Plegadts chihi N.A. MAMMALS Kangaroo Rat Dipodomys elator N.A. Dwarf Sperm Whale. Kogia simus N.A. Killer Whale Ornicus orca N.A. Humpback Whale Megaptera novaemigliae NA. Red Wolf Canis rifus N.A. Gray Wolf Canis lupus N.A. Black Bear Ursus americanus N.A. Jaguar .Panthera ones N.A. W USIT Page 2 of 6 .. .. / Stryker,Richard Expires 08/02/2013 Scientific Permit No.EDU-6747-1404 f REPTILES AND AMPHIBIANS Loggerhead Sea Turtle Caretta caretta N.A_ Crreen Sea Tuttle Chelonla mydas N.A. Atlantic Hawksbill Sea Turtle Eretmochelys Imbricate N.A. / Kemp's Ridley Sea Turtle Lepidocheba kempii N.A. Alligator Snapping Turtle Graptemys caglei NA. Chihuahuan Mud Turtle Kinosternon hirtipes mwTayi N.A. Texas Tortoise Gopherus berlandieri N.A. Reticulate Collared Lizard Crotaphytus reticulates N.A. Texas Horned Lizard Phrynosoma cornutum N.A. Mexican Tree Frog Smilisca baudinii N.A. Mexican Burrowing Toad R'hlrrophrynus dorsalls N.A. INVERTEBRATES Sandbank Pocketbook Lampsilis satura N.A. Golden Orb Quadrula aurea N.A. FISH Smalltooth Sawfish PrisUs pectinata N.A. PLANTS Black Lace Cactus E'chinocerem reichen8achii var.alhertzi N.A. Johnston's Frankenia Frankenia johnsionii N.A. South Texas Ambrosia Ambrosia cheiranthifolia N.A. Slender Rushpea Ho,f nannseggia tenella N.A. *In accordance with an appropriate valid CTS Fish&Wildlife Service federal permit. 9. Permittee is authorized to lend mounted or salvaged protected wildlife specimens held by adthority of this pemnit, for use in educational programs. All specimens shall be individually tagged or otherwise marked in such a manner as to allow identification of the penniffee as the source of the specimen. Specimens must be accompanied by required specimen donation form provided by,the Department.A copy of the completed form must be submitted with the annual report. 10. The facilities in which protected wildlife are held shall be maintained in accordance with Attachment I(§69.305 Facility Standards. IL The following means far taking or capture are.authorized by this pennit: a.live-trap,net,by hand,salvage,collection along public roads and rights-of-way. 12. The following locations for taking or capture are authorized by this permit: a.Nueces county,of the state of Texas. 13. All fish collection gear left unattended shall be clearly marked with permittee's name and permit number. 14. All specimens taken or captured shall.be deposited with an appropriate collection of the Corpus Christi Museum, Corpus Christi State University, or otherwise disposed of in accordance with paragraph 15d of this permit. MOW Page 3 of 6 Stryker,Richard Expires 08/02/2013. Scientific Permit No.EDU-0707.1404 i 15. PERMIT HOLDER IS REQUIRED TO: : f a. Idle a completed report form annually(provided on issuance of this pertnit),and any reports or publications based on data collected under authority of this permit,with the Texas Parks and Wildlife r Department; Wildlife Permits Section, 4200 Smith School Rd., Austin, TX, 78744, no later than fourteen days following the anniversary date of the permit(or the expiration date if the permit is due for renewal). YOUR PERMIT WILL NOT BE VALID UNLESS YOUR REPORT HAS BEEN RECEIVED. b. Carry a copy of this permit at all times when exercising the provisions of this permit,which shall be subject to inspection by any authorized enforcement officer of the Department upon request. e.Notify the Parks and Wildlife Department Law Enforcement Office(s)in the region(s)of your field activities by telephone not less than 24 hours not afore AAA 72 hours prior to collection if collection techniques or devices being used are ordinarily classified as illegal (i.e., shooting game animals at night by use of light;taking game species during closed seasons; using gill nets or electro- shocking devices to collect fish; huntingteollecting along public roads and rights-of--way, etc.).A confirmed response front the local game warden is required prior to collection.if the samrrlina activities being conducted involve methods of capture ordiparily classified as illegal. If the regional office(s)or telephone number(s) is unknown,the number(s)may be obtained at any time by calling a Parks and Wildlife Communication Center. Austin-(512)384-4548; Houston-(28I)842- 8100. d.Dispose of protected wildlife taken under the authority of this permit in only one of the following ways: (1). kill and utilize by examination, experimentation, necropsy, or dispose of as waste in accordance with state law and city or county regulations (burning is suggested if not in convict with city,county or state regulations), (2). Hold permanently for educational purposes, or donate to another educational display, scientific,or zoological permit holder authorized to receive such specimens,with required specimen donation form provided.by the Department. A copy of the completed form r ust be submitted with the annual report. (3).Release unharmed at collection site. 15. PERMFr HOLDER IS PROHIMEU FROX a. Selling or bart ering specimens collected under the authority of this permit. Specimens may be donated to other permit holders by completing the recelpt form enclosed with the permit. b. Collecting on private premises without prior written consent of the owner or operator.of the premises. c. Collecting in a state park without prior written permission from Texas Parks and Wildlife Department Natural Resource Program: email:david.riskirld t?wd.state.tx us d. Collecting in a wildlife management area without prior written permission from the area manager. e. Taking species listed by the department as threatened or endangered without express authority in paragraph 8 of this permit. . I i E7CHIBIT=1 ne Page 4 of 6 i Stryker,Richard Expires 08102/2013 Scientific Permit_ No.EDU 0707-1404 17. ADDITIONAL PROVISIONS: a.No hunting or fishing license is required for permit holders or individuals listed in paragraph 7 while conducting the activities expressly authorized by this permit. Each listed individual should carry a copy of this permit during collection activities, and a letter of permission from the perrnittee if rf;. working independently. b.This permit is subject to any applicable federal permit regairerneuts. Where a federal permit is required,the permit holder is cautioned to carry a copy of the federal as well as the state permit during collecting activity. 18. PERMIT HOLDER'S ADDRESS FOR RECORDKEEPING PURPOSES: Richard Stryker Corpus Christi Museum 1900 North Chaparral Street Corpus Christi, TX 78401 ATTACHMENT X §69.305. Facility Standards. (a) All live birds or animals possessed under an educational display permit,or under a zoological collection permit in a facility that is not'accredited by the American Zoo and Aquarium Association, shall be kept in enclosures meeting or exceeding the standards set forth In this section. (b) The minimum cage sizes for mammals shall be as follows.An enclosure for mammals shall add 30 per cent of the minimum cage requirement for each additional marmnal contained in the enclosure.For each: (1) pronghorn antelope=2,500 square feet x 8 feet in height; (2) deer- 1,800 square feet x 8 feet in height (3) desert bighorn sheep-500 square feet x 8 feet in height; (4) black bear-400 square feet x 12 feet in height; (5) jaguar-200 square feet x 8 feet in height; (6) fox- 180 square feet x 5 feet in height; (7) wolf- 150 square feet x 8 feet in height; (8) javelina-120 square feet x 5 feet in height; (9) other felines- 100 square feet x 8 feet in'eight; (10) fur-bearing animals as defined by Parks and Wildlife Code,Chapter 71 (except fox)-72 square feet x 5 feet in height;and (11) all other mammals-24 square feet. (e) The minimum cage sizes for alltgators shall be as follows.For each alligator: (1) less than two feet in length:three square feet;and (2) greater than two feet in length:three square feet per foot of body length. (3) there shall be access to pooled water sufficient to provide full immersion and dry land sufficient to permit complete exit from the water. (d) The minimum cage sizes for birds shall be as follows: (1) raptors(excluding eagles): 10'x 10'x 12'; Pa ge 5 of 6 . Stryker,Richard Expires 08/0~02013 Scientific Permit No.EDU-0707-1404 p r . r (2) eagles:20'x 40'x I2';and (3) all other birds:6'x 6'x 12'. I (e) All enclosures for bear, mountain lion, and jaguar must be constructed of nine-gauge chain-link and ' their frames securely bracers and well anchored. Enclosures for other mammals and birds must be made of chain-link or welded.wire of a mesh size that prevents escape,and enclosures housing birds must be lined with nylon or plastic netting.Enclosures for felines must be covered by nine-gauge chain-link- (f) A facility shall ensure that. (1) eaph enclosure is supplied with clean water at all times,except as medical circumstance dictates - otherwise; (2) authorized personnel obseive and provide care for birds and animals daily,except as specifically authorized by permit;and (3) all medical treatment of animals is performed in consultation with a licensed veterinarian. (g) The department at its discretion may inspect any facility at reasonable tunes to assess compliance with the provisions of this subchapter. Page 6 of 6 1 Corpus Christi Museum of Science and History 1900 North Chaparral Corpus Christi, TX 78401 Collection Management Policy PURPOSE OF THE MUSEUM . The mission of the Corpus Christi Museum of Science and History is to present the story of the cultural crossroads of the New World. With a unique confluence of natural history, science, people and environments, the South Texas area has served as a stage for the ongoing discovery of the Americas. Through innovative programs in history, culture, and science, the museum is committed to enlarging a shared understanding of our history and heritage as well as the impact and importance of science to our lives. By telling this story,the Museum will inspire a thirst for knowledge, context, and understanding. Strategic Objectives To guide this mission the Advisory Committee adopted a series of Strategic Objectives: A. Corpus Christi Museum of Science and History will build programs around three basic themes: Humans,the Environment, and Science. 1. How have human migration, cultural encounters, and interactions shaped the unique human character of South Texas and, in turn, how has South Texas influenced the world? 2. How have environmental features and resources been linked to the human migrations, settlements, and physical exploitation of South Texas resources? 3. What does science tell us about the unique natural world of South Texas and how can we best conserve our unique resources? B. The Museum will collect and preserve unique specimens, artifacts, and ephemera which illuminate our three basic themes and support innovative programming. C. To create new knowledge, Museum collections and resources will be shared with the public and researchers. (Adopted by the Museum Advisory Committee - September 2005) 1 XHiB� PURPOSE OF THE COLLECTION The Museum collects and preserves unique specimens, artifacts,and ephemera which illuminate our three basic themes and support innovative programming. To create new knowledge,Museum collections and resources will be shared with the public and researchers. Responsibility for the Collection The City Council established the museum: an administrative department responsible for the operation of the Corpus Christi Museum of Science and History as a scientific institution for information, education and recreation; and support services for the museum advisory board.(Code of Ordinances, City of Corpus Christi..Texas,Article III, Section 2-51) The City Council authorized the Advisory Committee to adopt comprehensive policies for acquiring,holding,and disposing of,by any legal means,real estate and personal property(collections)to further the purpose of the Museum. The Museum Advisory Committee consists of twelve(12)members appointed by the mayor with the advice and consent of the city council. The guidelines for selection of members and the terms of service are included in Code of Ordinances,City of Corpus Christi, Texas, Article IV,Division 5, Section 2-90. State laws pertaining to the operation of museums vest in the governing authority the power to acquire and conserve real estate and personal property under the following provisions: Article 4412a, Article 7150, Section 4 of Article 7150, Section 14 of Article 7150, Section 22A of Article 7150. (See attached "Laws of Texas Pertaining to Museums") The Advisory Committee recognizes the unique situation of its members and recognizes museum ethical standards in addition to those of the City. The responsibility for implementing collection management policies and developing appropriate procedures rests with the Director,who has delegated the following duties and responsibilities: The Collection Manager is responsible for supervising all aspects of collection care and collection inventories. He/She is responsible for managing acquisitions, accessions, and standardization of the collection catalogue. It is the Collection Manager's responsibility to maintain cleanliness in all collection areas and to monitor environmental conditions. It is also his/her responsibility to work with adjunct and honorary curators and ad hoc collection committees to establish object conservation priorities and to pursue grant funding that will benefit the collection. Honorary curators, adjunct curators, and collection committee members are appointed by the director to assist him/her in the development of collection plans,policies, and procedures. They may also be asked to give advice on acquisitions,deaccessions,and conservation practices. Honorary curators, adjunct curators, and collection committee members are privileged to perform collection based research and conduct educational classes utilizing the collection_ It is expected that,through their activities,the collections might become more publicly accessible. The Registrar is responsible for accessioning new acquisitions,processing deaccessions,and performing ongoing inventories of the collection. The Registrar is also responsible for maintaining all written records for the collection, including loan documentation. The Registrar will report to the Collection Manager any collection management practices deemed substandard, ill-advised,or improper. The Librarian is responsible for supervising all aspects of collection care for the library, archival, and photographic collections. He/She is also responsible for managing the acquisition and accession 2 ._EXHlB1T L r r processes and managing the standardization of the library collection catalogue. The Librarian is responsible for supervising the ongoing collection inventory and making conservation recommendations. ACQUISITIONS Scope of the Museum Collection The early years from its founding as a Junior Museum in 1957 to its transforming to a collecting institution were fairly open ended. In 1961,the Board voted to change the name from the Junior Museum to the Corpus Christi Museum. When it became clear that a broader base of support was needed,the City agreed to help fund the Museum. The growth of the collection accelerated thereafter under a mission that was very broad in scope. • "The primary purpose of this Museum is to contribute to the understanding of man's place in the world of nature and to impart this knowledge to the public." However,after a new director was hired in 1985 the Advisory Board was asked to provide some guidance for management of collection acquisition and development of exhibits and programs. By this time the scope of the collection was broad and the collection largely uncataloged. Some policy guidance was needed. • "The Corpus Christi Museum is an educational institution that collects and preserves objects and artifacts representing natural and cultural history and uses these collections to contribute to the enjoyment and understanding of man's place in the world of nature and to impart this knowledge to the public. The museum does research based on its collection, offers education and arts programming and provides a facility for a center of learning." (Adopted: 81111985) This new mission provided a description of the broad range of collecting,programming, and exhibitry that had developed over the formative years. It also gave definitive direction to staff that the Museum was to continue to develop as a collection centric institution. The Museum's first collection management policy was adopted in 1987. This drove the expansion of staff, development of exhibits and programs,and the expenditure of resources. However,the director returned to the Advisory Board requesting that they give consideration to narrowing the scope and providing staff with a more focused direction. • "The Corpus Christi Museum of Science and History collects and preserves natural and cultural history objects with emphasis on South Texas and its place in the world. It presents educational exhibits and program to encourage learning related to its collections." (Adopted November 12, 1990) By narrowing the scope to south Texas,the growth of the collection could be more focused and a deaccession program initiated. The backlog of cataloging for natural history specimens was gradually erased while the backlog of history collection cataloging remains about 50%. The use of the collection for educational purposes remained limited and the public acceptance of and interest in the display of systemic collections diminished,as reflected in 15 years of decreasing attendance. This prompted a revision of the mission in 2005 to one that removed collecting as an explicit mandate of the mission. Under the present mission the Museum collects to illuminate three basic exhibit themes and to support innovative programming. Museum collections and resources will be shared with the public and researchers to create new knowledge. Responsibility for Acquisitions This change has driven a reprioritizing of staff resources. In 2005 there were five individuals whose primary functions were collections based while two people were focused on programming. That changed in 2006 with only two staff positions with collection based primary functions and five staff 3 EXHIBIT positions which are focused on programming. Clearly we are no longer interested in building a collection. Rather we are focusing our collection on current needs. Aspiring to become the best possible museum requires a practice of acquiring the best available objects that are needed to"illuminate our three basic exhibit themes and support innovative programming." Considerations for Accessioning Decisions 1. Care—Are there resources for providing proper storage,management, and care of the acquisition without compromising the rest of the collection? 2. Condition—Is the acquisition in good condition? Will it take a large amount of resources to stabilize or restore it? Is it so badly damaged that it will soon be worthless? 3. Cost of upkeep—Is the cost of keeping the acquisition equal to the benefits of having it in the collection? 4. Duplication—Does the acquisition duplicate something that is already in the collection? 5. Documentation—Is the documentation adequate to establish the significance of the acquisition to the museum? 6. Legal title—WiIl the museum be able to secure clear and legal title to the acquisition? 7.Legality of acquisition—The museum is responsible for making sure that everything it accessions was legally obtained,exported,and imported. (Otherwise the museum probably will not be able to claim ownership of the acquisition.) 8. Potential use—Is the acquisition likely to be used for research,reference, loan,exhibition, education, or exchange? Is it an object, artifact,or specimen that is a voucher(an example or proof)for research or other scholarship activity? 9. Provenance—Is the provenance established and adequately documented? 10. Public relations—How will the addition of this acquisition affect the museum's image? Will it attract visitors or damage public support? 11.Purchase price—Is the purchase price in line with current market values? 12.Relevance---Is the acquisition relevant to the mission and the scope of collections? 13.Restrictions—Is the acquisition free from restrictions on ownership, intellectual property rights,copyright, and trademark? 14. Safety and security—Will the acquisition compromise the safety or security of the staff or visitors? Will the acquisition require expensive safety measures to protect? 15. SCOpe—Does the acquisition fit the scope of the collection(geographic, subject,temporal, and use)? 16. Special considerations—Are there extenuating circumstances or conditions that affect the decision to acquire or not acquire the acquisition for the collection? COLLECTION DESCRIPTION A. Scientific Specimens The Museum collects scientific specimens representing the environment of South Texas. It also collects relevant comparative specimens from other geographic regions in order to aid in research, identification, exhibits, and education programs. The collection includes type and voucher specimens used as the basis for published scientific research. The Collection Manager is responsible for collection care. Specimens are used in exhibits and educational programs that are compatible with their preservation. Access to the collection may be allowed to interested visitors at the discretion of the Collection Manager. Access to all information relating to the Museum collection(except donor records) must be made publicly available. Unaccessioned specimens may be used in educational programs. These are stored in more accessible areas and are considered expendable. 4 EXHIBIT The Collection Committee seeks specimens that are needed for the collection and meet the collection criteria. With the approval of the director,they may be acquired through field expedition, donation,bequest, or purchase. The Collection Manager coordinates specimen preservation and conservation sets standards in the use and care of the natural history objects. Specimens must have been collected and/or imported with full knowledge and permission of the country or state of origin, and in compliance with U.S. and Texas laws. (Reference IUCN Red Data Books,U.S.Fish and Wildlife Service Regulations,Texas Parks and Wildlife Code.) The Collection Manager acquires and maintains the necessary municipal, state, and federal permits to allow the Museum to hold these collections legally. The permits should all be issued in the name of the Museum Director. B. Cultural Artifacts The Museum collects artifacts representing the history and culture of the people of South Texas. The Collection Manager is responsible for collection care. Artifacts are used in exhibits and educational programs that are compatible with their preservation. Access to the collection may be allowed to interested visitors at the discretion of the Collection Manager. Access to all information relating to the Museum collection(except donor records)must be made publicly available. Non accessioned artifacts may be used in educational programs. These are stored in more accessible areas and are considered expendable. The Collection Committee seeks artifacts that are needed for the collection and meet the collection criteria. With the approval of the director,they may be acquired through donation,bequest,.or purchase. The Collection Manager coordinates artifact preservation and conservation and sets standards in the use and care of the cultural collections and exhibits. Artifacts must have been collected and/or imported with full knowledge and permission of the country or state of origin, and in compliance with U.S. and Texas laws. Cultural properties from outside the United States offered as a donation must be accompanied by a signed and notarized statement from the donor attesting to clear title. (reference: U.S. Customs Laws,National Stolen Property Act,Pre- Columbian Statute of 1972,and Cultural Property Implementation Act of 1983.) C. Special Collections 1.Live animal specimens, acquired by donation, field expedition, or purchase. The live animal collection is cared for and disposed of at the discretion of the Museum Educator. Clear title must be established before any specimen is accepted and it must comply with all municipal, state and federal laws regarding plants,fish and wildlife. Specimens in this collection are not accessioned,although donations are acknowledged. All live animals have a limited life span and are,therefore,considered expendable. 2.Las Doilas de la Corte gowns represent a tangible aspect of Buccaneer Days, an annual event with community-wide impact. They chronicle the history of this event and are interesting exhibit pieces. Examples may be added to the Museum collection. . 3. Fine art objects may be collected to represent the cultural Iife of the people of South Texas as well as those works that represent the aesthetic vision of contemporary South Texas artists. The Museum will acquire artwork from living artists currently residing in the Corpus Christi area at the discretion of the director. Artworks will be used decoratively at the Museum and may be loaned for extended periods for display at public venues that are not museums. 5 EcHrBrr 4. Oral history interviews may be taped with citizens on the subject of Corpus Christi history. Oral history tapes are for educational purposes to be used by Museum staff and its associates.The wishes of the interviewed person will be respected regarding privacy of contents of the tape. No copy for third parties will be made unless permission is obtained in writing from the person interviewed. The person interviewed may request a copy of their own tape. The price of this copy will be the price of the tape. After the death of the person interviewed,the tapes will be considered released as to privacy. If the family of a person who passed on requests a tape and none has been made before, one copy will be made for the price of the tape. Although the tapes are not produced for"public" use,the Museum Auxiliary will make copies for responsible parties. A donation of$25.00 to the educational fund of the Auxiliary is requested for the task. The information contained in each tape is considered property of the Museum. No public use may be made of it. Educational use, in a classroom situation, is allowed. 5.Repository objects not belonging to the Museum may be accepted for long term storage and curation. The Museum is the marine archaeology repository for the State of Texas. The Museum Archaeologist is the curator of this collection although care is the responsibility of the Collection Manager. Adequate funds to provide for the care of the objects for the term of the repository agreement must come with the collection and the director must give his approval. An agreement for state-associated held-in-trust collections must be concluded that identifies the agency, institution, objects/collections/documents, and housing/curation criteria for which stewardship is transferred. This Held-in-Trust agreement is made when stewardship of collection is transferred from THC to curatorial facility, All paper records for state-associated objects are kept in a secure record storage room. All electronic records are stored on the city servers at City Hall and backed up once a week on an external hard drive. An annual report of all activity with state-associated collections will be submitted to THC. D. Library Collection The library is maintained as a non-circulating reference collection of books,periodicals,and other materials for use by the museum staff. Visitors may be allowed use of the library with permission of the director. The material contained in the library relates to the collection and interests of the Museum. The Librarian is responsible for care of this collection. Staff is encouraged to submit requests for the purchase of material that will enhance knowledge in their area of expertise. Books are acquired by purchase or donation. Materials are purchased only with approval of the director.Materials in this collection are not accessioned, although donations are acknowledged. Library materials are subject to continued use and by their nature might be outdated by new information.These materials are considered expendable and may be disposed of at the discretion of the director. E. Archives Collection The Museum collects archival materials,including photographs that represent the cultural history of the people of South Texas. These materials are generally not stable enough for use in exhibits,but copies may be used in exhibits or for other educational purposes. Interested visitors may be allowed access to this collection at the discretion of the director. These materials are accessioned and are the responsibility of the Museum Librarian. Items may be added to this collection at the discretion of the director. DESTRUCTIVE ANALYSIS Destructive analysis is defined as an activity that alters the appearance or condition of an object. 6 EXNlBIT !: 1 Destructive Analysis of repository objects may only be done with the permission of the Texas Historical Commission,or the agency to which the object belongs. Prior to the analysis, a research proposal must be submitted to the Museum for evaluation that includes research goals and objectives, qualifications of researcher, and specific samples or objects to be sampled. The loans will be made to the institution with which the researcher is associated. If the proposal is for state-associated held-in-trust collections and is rejected, an appeal can be made to THC. Destructive analysis may be warranted if the following conditions prevail: 1)The object to be analyzed is not unique within the Museum collections. 2) Sacrificing the object or a part of the object will benefit science or will improve the Museum's conservation efforts. 3)The proposed analysis is highly likely to produce useful results and the institutions or individuals who perform the analysis are competent. 4)The analysis will be performed in a timely manner. 5)Results of the analysis will be published in a scientific journal in a timely manner. 6)The Museum Director and the owner of the object approve the analysis(if it is part of a repository collection). An object mgy be considered for destructive analysis i£ 1)The analysis will contribute to the development of more effective conservation techniques. 2)The analysis will provide answers to historical, archeological, or scientific questions that can be answered no other way. 3)The artifact is not unique. Once an_object_has been selected for destructive analysis the following documentation procedures will be used: 1)The object will be thoroughly recorded with respect to its shape, size,mass, special markings, etc.,prior to submission for destructive analysis. The due dates of the loan will be tracked and extended or recalled/returned as appropriate. 2)New records and results of analysis will be appended to the existing accession files. 3)Copies of all resulting articles will be filed in the Museum library. 4) The object will not be deaccessioned. 5)All unused portions will be returned to the curatorial facility. DEACESSIONS AND DISPOSAL I. Introduction For most of its history the collection of the Corpus Christi Museum of Science and History was considered the core of the Museum and the purpose and the reason for its existence. In 2005 a new mission statement was adopted which removed collecting from the mission of the Museum and made it a strategic objective to support the mission. Strategic Objective B. The Museum will collect and preserve unique specimens, artifacts, and ephemera which illuminate our three basic themes and support innovative programming. Strategic Objective C.To create new knowledge,Museum collections and resources will be shared with the public and researchers. There was no intention through this action to diminish the Museum's responsibility to care for the collection,but there certainly was the intention to limit the growth of the collection and to eliminate it as the central focus of exhibits and programs. 7 EJCHl.B1T i' ILI VMNA Deaccessioning is the formal process used to legally and permanently remove an accessioned object from the collection. Disposition is the manner in which the Museum transfers a deaccessioned object to a new owner or destroys it. The removal of any accessioned object from the collection is a sensitive and potentially controversial issue. Because the Museum's collections are held in public trust,the Advisory Committee and staff of the Museum are under particular scrutiny when deaccessioning an object. Deaccessioning can strengthen the collection, improve management of the collection,and save money which can then be applied to acquisitions. A strong policy and sound practices are important in order to preserve the reputation of the Museum and avoid claims on other objects from heirs, estates, or sellers. An attorney's opinion should be sought on any deaccession thought to be controversial. The deaccession process, once begun, should be completely public. Because the collections of the Museum are held in public trust, it is useful to note Article 4412a. of the Laws of Texas Pertaining to Museums. The Attorney General of Texas has specific authority to take legal action to protect and preserve items of property held in "public trust,"that is,for the use and benefit of the public. The statute covers any corporation,trust, community chest,fund,foundation,or other entity which is organized for charitable, scientific,philanthropic, "or other civic or public purpose." This broad definition includes museum collections. II. Authority and Responsibility Any member of the Collection Committee may recommend that an object be considered for deaccession. The deaccession process is initiated by submitting a Deaccession and Disposal Record form to the Collection Manager. The Collection Manager is responsible for confirming clear and unrestricted title to objects proposed for deaccession as well as checking for any restrictions, legal issues, or ethical concerns affecting deaccession or disposition. The Collection Committee reviews the proposed deaccession based on the Museum's purpose, scope of the collection, and guidelines covered in this policy and makes a recommendation to the Director who will then approve or deny the proposed deaccession and disposal method. Deaccessions and disposals approved by the Director are brought before the Museum Advisory Committee for final approval. M. Guidelines for Deaccessions Before approving any object for deaccession, clear and unrestricted title to it must be established. See applicable sections of this policy for more information regarding clear and unrestricted title. No object may be deaccessioned in order to provide funds needed for the operation of the Museum. Proceeds from the disposal of an object must be used for collection acquisition. Objects proposed for deaccession will be evaluated based on the Museum's mission, scope of the collection, and guidelines as outlined in this policy. An object may be deaccessioned for the following reasons: 1. To remove an object that that no longer falls within the Museum's mission,purpose, or scope of collections; 2. To remove an object that is sufficiently represented by duplicates in the collection or has 8 EXHIBIT < ;; been replaced by a superior example; 3. To remove an object that is inferior,determined to be unauthentic,or has critically inadequate or absent provenance documentation; 4. To remove an object which has suffered damage or deterioration beyond the point at which reasonable and affordable measures could be taken to preserve it; 5. To remove an object that is unlikely to be used in exhibits,programs, or research in the foreseeable future; 6. To remove an object that is potentially hazardous to objects in the collection or human health and safety; 7. To transfer to another museum,or educational institution,an object that is deemed to be significantly more useful and relevant to the collection of the other institution than that of the Museum; 8. To carry out a mutually beneficial exchange of objects with other museums or educational or scientific institutions; 9. To formally document the removal of an object that has been lost or stolen; 10. To comply with any legal statutes or court rulings; 11. To accomplish any other purpose deemed by the Museum Advisory Committee to be appropriate within the spirit of this policy,the Museum's mission, and applicable law. Reposited collections are not owned or accessioned by the Museum and,therefore, cannot be deaccessioned by the Museum and are not covered under this deaccession policy. Only the Texas Historical Commission has the authority to deaccession state-owned held-in-trust collections_ Other repository collections may only be deaccessioned by the repositing agency. For information regarding deaccession and disposal of repository collections, see the Reposited Collections section in this policy. Natural History specimens have been brought into the Museum as part of field collecting by curators, honorary curators,research scientists, or citizens. These field collections are evaluated and significant specimens are catalogued. Specimens from these field collections are considered accessioned at the time of cataloguing. Therefore, specimens from field collections that have not been catalogued are not considered accessioned and may be disposed of during evaluation without being deaccessioned. Reference materials for the Museum's library have occasionally been accessioned in the past. Current policy dictates that the Museum does not accession library reference materials. For the purpose of documentation and consistency,reference materials that were accessioned will be properly deaccessioned and disposed of according to this policy and supporting procedures. Reference materials that have not been accessioned are considered general Museum assets and may be disposed of without deaccessioning. Education collections were maintained in the Museum's past. This practice was primarily followed with Natural History specimens. The objects so classified hold little or no monetary, scientific,or historic value. The Museum no longer maintains separate education collections. Objects that were accessioned but marked"education collection"are considered part of the collection and must be properly deaccessioned and disposed of according to this policy and supporting procedures. Objects that were not accessioned and were marked"education collection"are not part of the collection and not subject to deaccession. However, disposal of these objects must be carefully considered because of the similarity to accessioned objects. Objects under this circumstance will be brought before the Collection Committee for careful consideration. The Director will make the final decision regarding disposal. Live animals are a special collection under the care of the Museum Educator. The collection is not accessioned and is exempt from this deaccessions and disposal policy. See the special collections section 9 EX# lBIT, of this policy for information. IV. Disposal of Deaccessioned Objects Deaccessioned objects are removed from the collection by means of sale, exchange, donation,transfer,or destruction. The sale or disposal of surplus property from Museum collections is exempt from the provisions of City Ordinance Code Sections 17-4 by Ordinance 19350. Disposal of any deaccessioned object will be carried out in accordance with all applicable federal, state, Iocal,and international laws,treaties, and regulations including but not limited to laws protecting Plant and Wildlife,Antiquities,and Historic Properties,and the Import,Export, and Transfer, of Cultural Property. The Collection Manager is responsible for fully documenting disposal of objects covered under laws as outlined in procedures. Applicable ethical standards will be considered in disposal decisions including those established by the American Association of Museums and the Society for American Archeology. In disposing of objects by exchange or donation,the Museum becomes associated with the receiving institution. The practices of the receiving institution will be considered to prevent the Museum from becoming associated with unethical practices. Deaccessioned objects will not be sold, or ownership otherwise transferred,to Museum staff,City of Corpus Christi employees,volunteers,members of Museum support groups,members of the Museum or City's governing authorities, or representatives or family members of these individuals. A. Disposal by Sale Net proceeds received from the sale of deaccessioned objects will be used only to acquire new objects for the collection. If there is any question as to the value of an object,the Museum will get two informed outside appraisals on the object. These should document the object's authenticity and assure that the Museum does not accept less than market value for the object. Disposal of objects from the collection will never be through the Museum shop,or in such a manner that it involves an interested entity helping in the liquidation of Museum assets. The disposal by sale of any deaccessioned object requires the following process: 1. The Director will propose that deaccessioned objects from the Museum collection be declared surplus and request, in writing,a recommendation of the Museum Advisory Committee. 2. The Museum Advisory Committee must approve the Director's recommendation for disposal by sale. 3. The Director of Finance will be notified by the Museum Director after the Museum Advisory Committee approves the disposal by sale. 4. The Director of Finance will make provisions such that proceeds from the sale will be placed in a Collections Fund of the Museum Foundation which is dedicated to acquisitions to the collection. B. Disposal by Exchange or Donation Deaccessioned objects may be disposed of by exchange with,or transfer to,another appropriate museum, educational, or scientific institution. 10 EXHIBIT Deaccessioned objects will never be exchanged or donated to private individuals. Deaccessioned objects may only be transferred to private individuals through sale as outlined in this policy. C. Disposal by Transfer Deaccessioned objects may be transferred to the Museum's education department for use in educational programs. Objects subject to this action should have little or no market value,or historic or scientific significance. Any deaccessioned object transferred to the education department will be removed from collection storage, quarantine, or work areas. The object must be stored in an area dedicated to educational supply storage. The object is considered expendable and is no longer covered under this policy. V. Guidelines for Donor Notification One of the crucial components in the deaccession process is the Tax Reform Act of 1984. Under its provisions, if the museum disposes(by sale, exchange,or any other method)of a donation within two years of a donation,the museum is obligated to notify the donor and the IRS by filing form 8284. This provision applies if the donor has claimed a charitable deduction under Section 170 of the IRS code of more than $5,000 for either a single item or an aggregate of items donated to one or more institutions. The Act requires that if the value is more than$5,000,the donor must supply an appraisal summary to the museum_ The museum is subject to a$50 fine if the preceding is not adhered to. Once the Museum establishes its clear and unrestricted title to an object,the donor has no legal interest in it. If a deaccession no longer falls under the statute of limitations of the Tax Reform Act of 1984, it is then only a practice of goodwill to notify the donor or heirs of the disposition of a collection or object. It is possible to label the funds or new acquisition purchased with those funds as a gift from the donor. Appropriate action will be considered by the Museum Director on a case-by-case basis. VI. Required Documentation The Collection Manager,with delegation of duties to the Registrar, is responsible for ensuring all proposed deaccessions and disposals are properly documented in accordance with this policy and the supporting procedures. A complete record of each deaccession, including a complete Deaccession and Disposal Record form, and all supporting documentation of will be kept permanently in a secure storage room. LOANS Whether objects are being brought into the Museum(borrowed) or sent out of the Museum (loaned),they are loans and subject to the laws pertaining to bailment. The Collections Committee must approve all conditions and terms associated with loans. The Corpus Christi Museum of Science and History Collections Committee is composed of the Museum Director,the Collections Manager, and 11 E7CH1BlT �9' � y� ° : Librarian and other individuals as appointed by the Director. The Executive Director of the Texas Historical Commission or his designee is included as a member of the Corpus Christi Museum of Science and History Collections Committee in all matters pertaining to the use of the La Belle Collection. Incoming Loans When an object is brought into the Museum,the lender is the bailor(the giving one)and the Museum is the bailee(the one receiving). A)The general rule is that any object taken into the custody of the Museum should receive care equal to or better than that devoted to objects in the Museum permanent collection. It should be carefully packed and transported,proper security and climate control should be provided and, above all, it should be accompanied by proper documentation. B)Any appropriate owner may be asked to lend an object to the Museum. The Collection Manager with the approval of the Collections Committee initiates all loans. The Collections Manager is responsible for the care and security of the object during the period of the loan and securing insurance coverage prior to the loan. C) The Collections Manager is responsible for documentation of loans(both outgoing and incoming) including the completion, execution,and distribution of all forms. The Collections Manager is responsible for packing,transport,and registration of the object. Details concerning handling, transportation, and care must be approved by the Collections Committee. D)There is a single loan form for both incoming and outgoing loans,and all such actions must adhere to the conditions and terms as stated on this form. The lending institution's loan form may be used with the concurrence of the Collections Committee. E) No loans will be accepted except for special exhibits and research. The loans should serve a public purpose. In carefully considered cases,there may be exceptions but only with the formal agreement of the Museum Advisory Committee. F)Photographs of the object may not be taken without permission of the lender. G)Loaned objects may not be loaned, assigned,mortgaged, claimed, or in any way encumbered by the borrower. H)Objects may be taken into the Museum for a very short term for study, identification,attribution or evaluation. Only the Director or Collection Manager may accept objects for this purpose. Under this policy: 1)Objects may never be appraised by Museum staff members. 2)The Collections Manager supplies a receipt of delivery which outlines the terms of this special type of loan. 3)The Museum and its employees are held blameless in the event of loss,damage or deterioration of the item(s). 4)Any item(s)not claimed within 30 calendar days becomes the property of the Museum. 5)In cases where the owner is unknown,public notice must be given before the item is accessioned. Only the Advisory Committee,with the advice of legal counsel,may approve the accession of such unclaimed loans. 6)Proper notice will be given to owners in cases where the owner is known. This will notify 12 � ' them that the Museum will claim the item unless it is removed from the Museum premises. 7)Until the item is retrieved, it will be stored and maintained at the owner's expense. I)No commercial exploitation of the fact that the object has been exhibited by the Museum may be used. This is to offset objects being sold or auctioned at higher prices because of their selection for a Museum exhibition. J)No employee of the Museum or member of the Advisory Committee may lend an item to the Museum without public discussion and approval by the Advisory Committee. This is to avoid any appearance of self-dealing. Outgoing Loans When an object is lent out by the Museum(Outgoing Loan),the Museum is the bailor(the giving one) and the borrower is the bailee(the one receiving). The purpose of loans shall be to reach a wider audience and facilitate research.While on loan,objects must be afforded a level of care and protection as provided by and subject to the written approval of the Collections Committee. Loans for exhibit purposes are made to a qualified institution and that institution shall assume responsibility for the proper administration of the loan and the care and security of the object(s). Loans for research purposes are made to a qualified institution with which the researcher is affiliated and that institution shall assume responsibility for the proper administration of the loan and the care and security of the object(s). A)The collections of the Corpus Christi Museum of Science and History, including Texas Historical Commission collections, are held in public trust and maintained for the benefit of the people of Texas. Loans are made only to qualified institutions consistent with this policy. Loans of La Belle artifacts must be approved by the Collections Committee with a written affirmation by the Executive Director of the Texas Historical Commission or his designee. B)To assure objects for loan receive proper care and security,the requesting institution must present for approval of the Museum Collections Committee,verification of proper environmental, storage, exhibition,and security conditions and procedures for the handling and transit of objects. To this end,the requesting institution will complete a Revised Standard Facility Report as adopted by the Registrar's Committee of the American Association of Museums. On-site inspections by Museum staff may be required prior to agreeing to a loan of objects. The requesting institution should have a trained registrar, curator, or director to check inventory and prepare condition reports on materials borrowed.Following American Association of Museums and Accreditation and Review Council Guidelines,the requesting institution should have environmental controls and a fire marshal-approved fire suppression system.For exhibit loans,the facility should have standard museum security including: 1)Monitored ingress and egress, 2)Personnel circulating in the exhibit space with responsibility for security while the facility is open to the public,and 3)An electronic intrusion alarm system monitored by a certified central station or local law enforcement when the museum is closed, 4)Or a 24-hour security guard on duty beginning with the unloading and installation of exhibit materials. A request for any variation in the above conditions must be made in writing by the institution for review 13 EXHIBIT r 4 by the Collections Committee. The request must include evidence of an acceptable arrangement to safeguard the stability and security of the loaned objects. Exhibition or research conditions shall be a part of the loan contract and evidence of adherence may be required. The use of the object(s)for the stated purpose must be adhered to by the borrowing institution. Packing and transportation methods are stated on the loan contract. The object(s)must be packed and transported in the safest possible way in accordance with the nature and condition of the object(s). C)The Collections Manager is responsible for ensuring that a Condition Report is completed on objects prior to out-going loans and after the loan is returned to the Museum..All objects are catalogued before they are loaned. A Condition Report is required of the borrowing institution upon receipt of the loaned objects and prior to packing for return to the Museum. A copy of the Condition Report must be provided to the Museum. Damage or loss of objects while in transit or during the loan period must be reported verbally to the Collections Manager within 24 hours of the discovery of the loss followed by a written report detailing the extent and circumstances of the loss within two business days. Objects on Ioan cannot be altered, cleaned, or repaired unless permission to do so in writing is provided by the Collections Committee prior to any action being taken. D)Fine arts insurance for all objects sent out on loan is required. Insurance coverage shall be provided by the borrowing institution,unless the institution provides an acceptable bond. Current and reasonable insurance valuations are the responsibility of the Museum. With regard to the La Belle collection,further approval of the Executive Director of the Texas Historical Commission or his designee is required. Under most circumstances, insurance is"fine arts, all risk,wall-to-wall" coverage and shall remain in effect throughout the duration of the loan. The required amount of insurance depends on the artifacts loaned. A certificate of insurance or acceptable bond is required from the borrowing institution prior to transportation of the loaned object and is kept on file at the Museum with a copy provided to the Texas Historical Commission for La Belle artifacts. 1)The Museum shall be named as an insured party in the policy and the policy shall provide that notice shall be given to the Museum ten business days prior to cancellation or reduction in the amount of the policy. The Texas Historical Commission shall be named as an insured party in the policy in the case of La Belle artifacts. In the event of cancellation or reduction of the insurance, the loan will then be subject to cancellation. Failure to maintain adequate insurance coverage in no way releases the borrowing institution from liability for loss or damage regardless of whether or not the Museum monitored the borrowing institution's insurance. 2)If a self-insured local, state,or federal governmental agency requests the loan or if the borrowing institution is unable to provide insurance, a request for an exception must be made in writing by the institution for review by the Collections Committee. The request must include evidence of an acceptable plan of self-insurance or other arrangement to satisfy any liability that might result from a loss under the terms of this Agreement. E)An object(s)on loan must be returned promptly when the Joan period expires. As appropriate, a reminder letter may be sent by the Museum to the borrowing institution_ The Museum reserves the right to cancel or deny the renewal of any loan. The Museum will provide appropriate information and review and approve all text and labels relating to the exhibit of the loan in order to ensure accuracy and consistency in interpretation. Any changes must be approved in writing by the Collections Committee. The object(s)on loan must be available for research purposes at all times. F)The borrowing institution has two working days to challenge the description of the items loaned. These challenges are subject to negotiation. After two working days,however,the borrowing institution 14 EXHlB1T -:i +: must comply with the physical description. G)Except for condition reports, all photography,reproduction, or replication of a borrowed object(s) requires prior written approval by the Collections Committee. Lighting conditions, environmental and/or applied chemical alterations, and other conditions of reproduction and replication must be approved in writing by the Collections Committee. Photographs,reproductions, and replicas may only be used for research, exhibition, and educational.purposes. Commercial use of loaned objects is prohibited. H)With regard to the La Belle collection,the Texas Historical Commission and State of Texas must be credited in a suitable manner in all publications and exhibitions associated with the loaned object(s), including photographs and reproductions,and must receive two(2)copies of any news and other publication associated with the loaned objects. Other collections may require specifically worded credit lines. Otherwise the credit line should read, "From the Collections of the Corpus Christi Museum of Science and History, Corpus Christi,Texas." I) There is a single loan form for both incoming and outgoing loans and all such actions must adhere to the conditions and terms as stated on this form. Loan Contract Conditions 1)The Borrower agrees to abide by the guidelines for loans set forth below. This Agreement must be signed before any objects will be transferred to the Borrower. These conditions may be changed only in writing and with the approval of the Collections Committee of the Corpus Christi Museum of Science and History. Applications for change must be made through the Collections Manager of the Museum. 2)The Museum reserves the right to recall the loan by written notification at any time if these conditions are not met, and is not liable for any consequential damages resulting from such action. The Borrower has ten working days to comply. 3)Loans are trade only to qualified institutions, not to individuals. Loans are made to the institution with which the individual is affiliated and that institution assumes responsibility for the proper administration of the loan and the care and security of the object(s). 4)Objects on loan may not be altered or modified in any way, except as stated in the purpose of the loan (e.g., destructive analysis)and as approved in writing by the Collections Committee. For a destructive analysis loan, if portions of the original object are not destroyed during the analysis,they must be returned. S)The Borrower will exercise due care in the custody,handling,transport,unpacking, and repackaging of the loan. 6)Upon unpacking,the Borrower will immediately acknowledge receipt of the loan by signing and returning a copy of the inventory and receipt that will accompany the shipment. A copy is to be retained by the Borrower. 7)For return,the loaned object(s)must be packed in the same or better manner as received and with the same cases,pads, and packing materials,unless damage has occurred, in which case replacement or substitution can be obtained with permission of the Museum. Handling and shipping of the loan will be at the Borrower's expense. 15 4. EXHIBIT 8)The Borrower agrees to provide insurance,or provide a bond, acceptable to the Museum. Insurance is fine arts, all risk,and"wall-to-wall". A Certificate of Insurance or acceptable bond must be received by the Museum before the loan is placed in transit. The Museum(or, in the case of La Belle artifacts,the Texas Historical Commission) shall be named as an insured party and the insurer must be required to notify the Museum prior to cancellation or reduction of the amount of the policy. 9)The Borrower must maintain constant and adequate protection of the loaned object(s)to minimize the risk of theft or damage from handling. The Borrower also must maintain constant and adequate protection of the loaned object(s)from the hazards of fire and flood,exposure to harmful light levels, extremes of temperature and relative humidity,pest attack, and harmful atmospheric conditions. 10)Any changes in the condition of the loaned object(s), loss,theft,or damage to the loan in transit, during storage,or exhibit must be reported within 24 hours of discovery to the Collections Manager(361- 826-4659). A written condition report,and photographs, if requested,must be sent to the Museum within 72 hours of the discovery of the loss,theft, or damage. 11)In the event of damage to the loaned object(s) during shipping or while in the custody of the Borrower,the Borrower is responsible for all conservation costs necessary to return the loaned object(s) to their undamaged condition, if possible. The Museum may, in its sole discretion,determine that an object is damaged beyond repair and may select an alternative remedy. 12)The lender is secured and held blameless from all losses, claims, actions, liabilities, damages,costs, and expenses(including attorney's fees and costs)arising from, or in connection with,a loan agreement. 13)The loaned object(s)must not be photographed, filmed,televised, or otherwise reproduced individually without the express,written prior consent of the Collections Committee of the Corpus Christi Museum of Science and History,with the exception that general views of an exhibition may be taken for publicity or documentation purposes. 14)The object(s)must be available and accessible to the Museum at all times for research purposes. 15)The Borrower shall ensure that all loaned object(s)on exhibition and/or in publication are identified as the property of the Corpus Christi Museum of Science and History or other credit line as stipulated in the loan agreement. 16)The Museum will review and approve all text and labels relating to the exhibit of the Ioan in order to ensure accuracy and consistency in interpretation. Any changes to the text must be approved in writing prior to exhibition. Y 17)The Borrower must provide two copies to the Museum of any.news and other publications resulting from the exhibit or loan research on the objects. 18)Third party loans are prohibited. Any third party wishing to borrow objects on loan must contact the Museum in order that a separate loan contract may be developed and subsequently approved by the Collections Committee. Loaned objects may not be assigned, mortgaged, claimed,or in any way encumbered by the Borrower. 19)Transportation of loaned object(s)from one institution to another is prohibited. The borrower must return the loaned objects to the Museum prior to being loaned to another institution. 16 ``EXHIBIT ;; 20)This loan agreement is in effect from midnight on the specified beginning date to midnight on the specified due date. The maximum loan period is one year,but may be reviewed and renewed annually. 21)The object(s)loaned to the Corpus Christi Museum of Science and History must be promptly reclaimed. Under State Law a lender is considered to have donated loaned property to a museum if the lender fails to file an action to recover the property on loan to the museum within two years. 22)No commercial exploitation of the fact that the object has been exhibited by the Museum may be used. This is to offset objects being sold or auctioned at higher prices because of their selection for a Museum exhibition. 23)In the event of any conflict concerning this contract,this contract will be construed in accordance with the laws of the State of Texas. Venue for any action resulting from this contract shall be in Nueces County, Texas. MUSEUM ETHICS POLICY "Corpus Christi, The City of choice where we make it happen." This vision statement was developed by the executive team for the City of Corpus Christi and City department heads. The mission statement, developed by the same group, is to"provide exceptional service to enhance the quality of life." The Museum is a department of the City of Corpus Christi. This vision and mission is reflected in the daily commitment of those involved with providing services to the community through fulfilling the Museum's departmental mission. Governance City of Corpus Christi.: The chief executive officer of the City under the voter approved City Charter and the City Council adopted Ordinance Code is the City Manager. The City Ordinance Code is the 17 EXHIBIT > > y )G� 1 . . , guiding policy for the Museum and all other City departments. As a practical matter,ordinances are developed for City Council consideration by City administrators with specialized expertise resident in various City Departments(e.g.Finance,Budget,Emergency Management,Human.Resources,Legal,Risk Management, etc.). Administrative policies,procedures,and ethical principles to which City employees are subject similarly call upon the expertise from people in various departments and are submitted to the City Manager for his approval. The administrator of the Museum Department,the Director, is appointed by the City Manager. Policies that are specific and unique to the Museum are developed by the Museum Director as prescribed by the City Ordinance Code. Museum Department: There are specialized laws,policies, procedures,and ethical principles that apply to the Museum and not to other City departments. It is the Museum Director's responsibility to administer the Museum under the highest standard of conduct whether that is in the realm of the City ordinances, City administrative policies, City established procedures,or the more specific policies and procedures of the Museum. The Museum Director must develop those policies,procedures,and ethical guidelines that pertain exclusively to the Museum. Documents defining these policies,procedures,and ethical guidelines are typically reviewed administratively by the City Manager and/or a designated Assistant City Manager. Museum Advisory Board (Committee): The governing body of the City,the City Council,established a methodology by ordinance that delegates review of policy issues that are exclusive to the Museum to a 12 member Museum Advisory Committee"appointed by the mayor with the advice and consent of the city council." The City Manager is an ex officio member of the Museum Advisory Committee. Members are trained by the Museum Director and gain institutional experience by serving staggered three year terms, with a two term limit. This provides the City with a group of interested citizens with training and expertise to review the policies and procedures that are unique within the City to the Museum. Their advisory recommendations are given great weight by the Museum Director,City Manager, and the City Council. The advisory board shall serve as an advisor to the museum department and to the city council in matters of support and development of the museum. The board may adopt comprehensive policies relating to the: (1)Management of collections; (2)Acquisitions for the collection; (3)Disposition and deacquisition of object in and for the collection; (4) Use of museum facilities. When adopted by the advisory board and approved by the city manager, the director of the museum shall implement such policies. The Friends of the Museum, although not a City entity, provides significant funding to support the mission of the Museum. Because of this role,review and revision of the Museum's mission is done jointly by the Museum Advisory Committee and the Friends Board of Directors. Subsequently,the Museum Advisory Committee adopts the mission statement which is then subject to review and approval by the City Manager. The Museum Director is responsible for training Advisory Committee members,Board members of both the Friends of the Museum and the Museum Auxiliary, staff,and volunteers in the policies,procedures, and ethical guidelines under which the museum operates. It is also his responsibility to make certain that all those who work for and on behalf of the Museum understand and support its mission and public trust responsibilities as both a department of the City and as a museum. 18 Under the City and Museum ethics policies,Museum staff,volunteers,members of the City Council,the City Manager,and members of the Museum Advisory Committee: • understand and fulfill their trusteeship roles and act corporately,not as individuals; • act legally, ethically and with cultural sensitivity; • conduct themselves in such a way as to avoid conflicts between personal interests and affiliations and the operations, interests, and reputation of the City and Museum. • protect,maintain, and develop the Museum collections and programs and its physical,human, and financial resources in support of the mission of the City and the Museum; • are responsive to and represent the interests of the Corpus Christi community; • maintain relationships in which shared roles are recognized and separate responsibilities respected; • maintain working relationships that are based on equity and mutual respect; • ensure that professional standards and practices inform and guide museum operations; • ensure that policies are articulated and prudent oversight is practiced; • promote the public good rather than individual financial gain. Collection The Museum collection is owned by the City of Corpus Christi. The Museum also manages state-owned collections as the designated marine archeology repository for the State of Texas and as a repository for state-owned terrestrial archeology collections. Care of the collection is the responsibility of the Museum Director working in conjunction with the collection committee. The collection committee is chaired by the Collection Manager and includes the Registrar,Museum Archeologist, and Museum Librarian. On issues involving the state held-in-trust archeology collections,the Executive Director of the Texas Historical Commission or his designee is also a member of the collection committee. In 2005 a new mission statement was adopted which removed collecting from the mission of the Museum and made it a strategic objective to support the mission. Strategic Objective B.The Museum will collect and preserve unique specimens,artifacts, and ephemera which illuminate our three basic themes and support innovative programming. Strategic Objective C.To create new knowledge,Museum collections and resources will be shared with the public and researchers. There was no intention through this action to diminish the Museum's responsibility to care for the collection,but there certainly was the intention to limit the growth of the collection and to eliminate it as the central focus of exhibits and programs. In part to fulfill this intent, collection staff job descriptions were revised eliminating"curator"as a functional job title to deemphasize the connotations associated with the curator title. The provisions of the Collection Management Policy continue to provide important guidance on collection issues and management of the collection is now the responsibility of the Collection Manager. The Museum Director develops,the Advisory Committee adopts, and the City Manager approves the Collection Management Policy which includes guidelines for proper ethical behavior. The Museum Director and the collection committee are stewards of collections owned or otherwise in the custody of the Museum. They are responsible for ensuring that the collection: • supports the Museum mission; • objects receive the highest standards of care; • is properly managed, documented,and accounted for; • objects and associated information are publicly accessible within appropriate Iimitations; • acquisition,disposal and loan activities conform to the Museum's mission and public trust 19 FFFF EXHIBIT ' ; ;= responsibilities; • disposal through sale,trade, or research activities is solely for the advancement of the Museum's mission; • sale proceeds from nonliving collections are to be used consistent with the established standards of the Museum's disciplines, but in no event shall they be used for anything other than acquisition of collections; • related activities are used to promote the public good rather than individual financial gain. It is the responsibility of the Collection Committee to recognize the unique and special nature of human remains,funerary, sacred, and cultural patrimony objects from all cultures as the basis for all decisions concerning current or potential collections. Programs The change in mission in 2005 eliminated the collection as the central focus of exhibits and programs. The new mission is as follows: The mission of the Corpus Christi Museum of Science and History is to present the story of the cultural crossroads of the New World. With a unique confluence of natural history, science, people and environments,the South Texas area has served as a stage for the ongoing discovery of the Americas. Through innovative programs in history, culture, and science,the museum is committed to enlarging a shared understanding of our history and heritage as well as the impact and importance of science to our lives. By telling this story,the Museum will inspire a thirst for knowledge, context, and understanding. Under this mission,the central focus of Museum programs and exhibits tell stories that need to be told regardless of whether those stories are supported by collections. All members of the Museum staff as well as Museum volunteers are a party to fulfilling this mission. The designated person to lead this coordinated effort is the Museum Educator working with a Program Committee that includes the Science Educator and History Educator,volunteers, and other staff who assist in the development and delivery of programs and exhibits. It is the Program Committee's role to make certain that programs and exhibits: • are based on good scholarship; • are accessible to all and the widest possible audience are encourage to participate; • respect pluralistic values,traditions, and concerns; • fulfill the Museum's mission and values even when they involve relationships with external entities; • promote the public good rather than individual financial gain. CLEAR TITLE Simply stated,title is the possession of all the rights of ownership to an object. Within this definition are many qualifications and specifications. But there are two general considerations regarding title to an object: one is the completeness of the title;the other is the quality of the title_ Once possession of an object is obtained,the museum then needs to consider whether or not it also possesses the copyright and trademark rights, and whether or not the donor has put any restrictions on the object(i.e.that it must be exhibited six months out of the year, or only with certain other objects, or that it may never be loaned). The museum must also consider the authenticity of the documents 20 E�HtBIT '� showing title. It must make sure that the object is truly as it is presented and that the documents are sufficient to insure title to the object. A. Determining the Owner One issue to consider is whether or not the person representing himself as the owner or duly authorized representative of the owner is, in fact,that person. While the museum cannot interrogate each donor,the museum Deed of Gift form should ask that the donor affirm that he is the true owner of the object,or a duly authorized representative of the owner. While gathering background information on the object,it may be possible to ask if anyone else, legal heirs, etc.,might have an interest in the object. If the gift is given by an estate, it is prudent to have all heirs or their authorized representative sign the Deed of Gift. A minor may not legally be able to give an object to the museum. The advice of a professional should be sought in these questionable instances. . Although expensive,there is a remedy through the courts if the museum acquisition is later found to have faulty title. If the museum can show damages,then they may be able to show misrepresentation on the part of the donor. In the case of purchases,where the title or the object itself proves faulty,there is also remedy available through the courts. The Uniform Commercial Code provides several recourses for recovery. One is based on contract and requires that the museum prove that the seller misrepresented himself or the object, either on purpose or through negligence. Another section deals with objects that may be bought in good faith and sold in good faith as one thing but in subsequent research,turn out not to be what was offered. Several states have statutes regarding the sale of an object from a professional dealer to a non- professional buyer. This may or may not work in the museum's favor. B. Stolen Objects Perhaps the biggest question concerns what happens if the museum acquires an object and the object turns out to have been stolen? The general rule in the United States is that a thief cannot convey good title. Title remains in the hands of the person suffering the theft and the museum must return the object or its value. There is a statute of limitations upon these claims,but court decisions vary and the museum cannot take the chance of being an innocent victim in this instance. C. Smuggled or Illegally Acquired Objects One of the most common problems of title has to do with objects improperly removed from the country of origin. These objects may not be challenged until many years after the original acquisition. Objects from American Indian tribes may be sought for return on the basis of foreign nation status. Pertinent treaties and statutes should be consulted in all instances: "Treaty of Cooperation Between the U. S. and Mexico for the Recovery and Return of Stolen Cultural Properties," "U. S. Statute Regulating the Importation of Pre-Columbian Monumental or Architectural Sculpture or Murals," "The American Indian Religious Freedom Act," etc. As always, laws concerning the collection, sale and trade of fish,wildlife and plants, should be consulted: "The Legacy Act," "Endangered Species Act" of 1973, as amended, "Marine Mammal Protection Act," "Migratory Bird Treaty," "Bald Eagle Protection Act," "Antarctic Conservation Act" of 1978,etc. 21 EXHIBIT "The Antiquities Act" of 1906, and the "Archaeological Resources Protection Act" of 1979, should be consulted in all cases of objects excavated or given by people working in archeological digs. D. Restrictions The Collections Management Policy provides guidelines for considering exceptions to the rule that the museum will not accept any gifts with restrictions on them. Restrictions may range from never disposing of the object to only disposing of the object to another educational institution.. While the former is almost always unacceptable,the latter should be considered based on the quality of the object. The language of any restrictions should be examined carefully_ E. Co i t Special property rights(copyrights)which the creator may have in the work are distinct from the right to possess the work. Copyrights may be divided into five segments: the right of reproduction,the right of adaptation,the right of distribution,the right of performance,and the right to display the work publicly. The "Copyright Law" of 1978 should be consulted in all instances. Before 1978, when a museum acquired an object, it was generally held that it acquired all copyrights. This is no longer true. Even if the objects were created before 1978 and previous publications show no "c",the work can still be considered copyrighted. This automatic copyright may be negated by publication of the work without the symbol. However,public display, donation, or sale of the work is not necessarily synonymous with publication. In other words,a museum would be wise, in all instances,to have documents conveying copyright attached to purchases or gifts. Works created for hire are considered to have the copyright invested in the employer,however, since the term "for hire" can be disputed,this situation of copyrights should be covered in a contract. Works created before 1978 without mention of copyright cannot be assumed to have their copyright vested in the museum. If a work is considered for reproduction,adaptation, etc.this must be checked. If the copyright does not accompany a work,the museum would do well to consider whether or not those rights are worthwhile to acquire. The museum should ask what the potential interests of the museum might be as well as those of the person retaining the copyright. 22 'EXHIBIT , BIBLIOGRAPHY American Association of Museums, and Association of Art Museum Directors. Gifts of Property,A Guide for Donors and Museums. Washington,D.C.: American Association of Museums, 1985. Buck,R.A. and J.A. Gillmore. The New Museum Registration Methods. Washington D.C.:American Assocition of Museums, 1998. Edson,Gary. Museum Ethics. London and New York: Routledge, 1997. Malaro,Marie C. A Legal Primer on Managing Museum Collections. Washington,D.C.: Smithsonian Institution Press, 1985. Naumer,Helmuth J. Of Mutual Respect and Other Things,An Essay on Museum Trusteeship. Washington,D.C.: American Association of Museums, 1977. Porter,Daniel R. "Current Thoughts on Collections Policy." Technical Report 1. Nashville,Tennessee: American Association for State and Local History, 1985. Porter,Daniel R. "Developing a Collections Management Manual."Technical Report 7. Nashville, Tennessee: American Association for State and Local History, 1986. Simmons,John E. Things Great and Small, Collections Management Policies. Washington,D.C.: American Association of Museums, 2006. Ullberg,Alan D. and Ullberg,Patricia. Museum Trusteeship. Washington,D.C.: American Association of Museums, 1981. 23 EXHIBIT Table of Contents Purpose of the Museum 1 Collection Purpose and Responsibility 2 Acquisitions 3 Collection Description 4 Destructive Analysis 7 Deaccessions 7 Loans 12 Museum Ethics Policy 18 Museum Clear Title Guidelines 21 Appendixes: Bibliography 23 Attachments: A. City Code, Chapter 2, Article III, Section 2-51 - Creating a Department B. City Code, Chapter 2, Article IV, Division 5, Section 2-90 - Museum Advisory Committee C. Laws of Texas Pertaining to Museums D. City Code, Chapter 2, Article IV, Division 1 -Attendance Requirements, Term Limits E. Cjjy Code, Chapter 2, Article V, Division 1 - Code of Ethics F. "Deed of Gift" Form EXHIBIT"a;" } ^i a O +' CL . Z � v fl a Qi L O ta: Q u tlx: U L. fC5 (6 Ln Ln L 0 cu _. O a O u CL �_ L U 1 aj L C Y Vm c d o 0 0 0 0' w o a A._ o M a u aj 3 y o ca o a a D a , C] Ce U � a M :,C. z +� Ql L C Ln a E o } o u a �. cn va '; ur o 'o a�. . ar o p 3 O' I +; o In CL o: o cu 0 4Lf � oO O ' ,01 I a O ,n . CU 7 v o u .;m �, an .ac C a, n °J ow u ' H hl �" a Q. - 'tl ul �1 L e,.�.., Ow RfW' a a��iEUUao suoi��aljo3" as }iuuaa� osEnpV Wpb` N T 0 N CD N cO WTS Oj O Z MM Cl C C r� a � in p _ U, m O Q uA `j d } m O 0 z i a) � o h LLI pI cu \0. CU Ak b � � M. .0 Q :O + CL rte, J 4- �':5 U 2 a '' Q :3 Q •" ; EXHIBIT, ' � c_j llf W ht� ° i City of Corpus Christi August 16, 201:_0 To: Angel R.Escobar City Manager From: Rick Stryker Museum of Science an ist Subject: Proposed Changes to Policies On May 6, 2010 the Museum Advisory Committee adopted changes to Museum policies that require City Manager approval. 1)Reduce the number of free admission days from 14 to 10. The new policy will eliminate the free days in September, October,April and May. This would increase admission revenue for the Museum(1020-308471)by$1,356.75 and the Ships (1020-305550)by$1,014.75. 2)Increase the charge for birthday party attendees over the 20 person limit from$5 to $7. In 20091,336 people attended 78 birthday parties in the Museum. It is not really possible to estimate the amount of money earned from this policy change because the data is not available. The primary purpose of this policy change is to limit the number of participants in a birthday party event to the capacity of the room. The revenue earned from this policy change would not be significant. a 3)Impose a$7/person charge for rental event participants over the 50 person limit. In 2009 there were 16 social events during normal business hours to which this fee would have applied. It is not really possible to estimate the amount of money earned from this policy change because the jdata is not available. The primary purpose of this policy change is to limit the number of participants in an to the capacity of the room.The revenue earned from this policy change would not be significant.' With your approval,these policy changes will go into effect. Approved: Margie C.Rose g R. Escobar EXHIBIT � ' I i - j - i Corpus Christi Museum of Science and History Admission Fee Policy Advisory Committee Adoption: 1/07/2010 r Approval: Date: If gel R. Escobar City Manager j Fee Schedule: i Adults(ages 18,and over) $12.50 Senior Citizens(age 65 and older) $10.00 Military(with ID) $ 9.00 Students(with ID, age 13 and older) $ 9.00 Children(ages 5— 12) $ 6.00 Free Admission: • Children through age 4 • Students on group school tours(a$3.00 per student fee is still charged for students wishing to visit the ships) • Children under age 13 on Saturdays, 10 a.m.to Noon (a$3.00 per child fee is . still charged for children wishing to visit the ships) • All visitors will be.admitted to the Museum exhibits free on the first Thursday of each month from September through May and on the first Sundays in November, December,January,February, and March. (a$3.00 per person fee is still charged for those wishing to visit the ships) • Members of the Friends of the Corpus Christi Museum of Science and History • Museum Auxiliary volunteers Unaccompanied Children are not admitted Visitors underage 18 must be accompanied by an adult. At least one adult chaperone is required for every 10 children. I Corpus Christi Museum of Science and History Birthday Party Policy Advisory Committee Adoption: lanuanr 7,2010 Approval: n . w Date: /�/v Angel R.Escobar City Manager Fee Schedule: $90 Members $150 Non-Members Rental fee includes use of Junior League Lecture Hall for two hour period. Parties are scheduled Tuesday through Saturday at 10:00 A.M.to 12:00 noon or 1:00 to 3:00 P.M. Sunday parties are scheduled only from 1:00 to 3:00 P.M. Host is allowed 30 minutes prior and 30 minutes after for setup and take down.. i jUp to 20 guests are included(any combination of adults and/or children)with a$5.00 fee I per person over 20. That fee,if applicable,is collected at the end of the party. Cash, check;Visa.or Mastercard is accepted for payment. • Reservations are only made with full payment. • Cancellation with a full refund takes 4 to G weeks. Scavenger Hunt is available for an additional charge of$15.00 i Themed gift shop bags are available at$3.00 each j Museum provides: Tables and chairs and cleans the room and takes out trash after the party. • Special recognition of birthday child with.a foil crown and announcement over PA system • Guests are encouraged to participate;iu1 any Museum activities such as Saturday Craft Program or Treasure Hunt on Saturdays.' (The Museum does not provide staff host or facilitator.) Host provides: Host is responsible for decorations and refreshments. Food maybe brought from home,from a deli,or pizza from an outside source. We have the phone number of a Pizza Hut that delivers to the Museum. (No helium balloons are allowed.) Host may use mesquite trees behind the Museum for a pinata. Host is to provide the pinata,rope and stick. EXHIBIT 1: f .. a s£5, +�f.9s:'�_.:��35�y��1"#'N'Pi'":•' Corpus Christi Museum of Science and History Education Program Fee Schedule Adopted by the Museum Advisory Committee: September 6, 2007 i Approved: Date: Ci anger Program Fees Fact Hunt $15 per group of 25 (Includes one pencil per child) Focus Program $25 for group of 25 (for schools and scouts) Scavenger Hunt $15 for birthday party held Sunday through Friday (Includes small prize and pencil) Loan Kit Traveling Trunk $40 for 5 days (for schools only) Reservations via telephone. EXHIBIT cu i a x.:. L' 1 �- Lr- o v Ln ,E Ln E � \ � i Q O E *' i 'w I O E, i ! Q � j w E a a? -' :I O O: O - O U U 10 O O �, N 4- C as : a iA O y p L O co Z5 aJ \ t vtia � \ Q LL E �/ O O \ _ v d 0/ ++ h. Oy : aJ U O > N p O �' - fO a CL o a cu E a� o w i � o oZS o ----- O w a7 O is L O h O w L CU o� O CL. 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O E{} TMM p a i--� m CJ CJ 4- re s� a c v LO CF� 6151 CIZ C6 E9 a..ea. cr:g. Q 4 O O Lo r CN tn .:tea V � v V o 0 U - tn C 2� a O O �.: '.t.•:• U D.t > Y CD � W C13 g.: � :c''ci ::; I : E' d i Ca O M Q Co (o cu �EXHIBfT'� 0 0 E a) � a err a) C5 1 Facility Rental Policy Corpus Christi Museum of Science and History Advisory Conunittee Adoption: January 7, 2010 " City Manager Approval: Date: Z /Anjel R Escobar Museum/Plaza Facility rental is possible during non-public hours,for purposes that are consistent with the Museum's purpose and policies. Museum Room rental Is available during public hours-and evening hours. Prices are applicable to a maximum of 4 hours of event time. The Museum may not be used as a forum for promotion,commercial sales, religious services,fund raising activities,or political gatherings. The Museum reserves the right to refuse rental of the facility for any event inconsistent with the Museum's purpose and policies. Rates - Museum Seated Area QaPaGI Rental Fee W1Cultural Gallery gal OW„ Enure Museum {400} $2,200 $2,700 VAR IN F North wing (150) 1,000 1,500 South wing (100) 700 IN OF X,WO OEM Center wing (80) 500 " Cultural Gallery for Wedding 500 Capacity of the Museum is 2,500 people. Seating capacity varies with type of tables used and set-up area. Cost to remove exhibits from Children's Wharf$200 and from Cultural Gallery$280. Rates--Santa Maria Plaza Area Rental Fee W►Cultural Gallery ' set North wing and Ships Plaza $ 1,500 $2,000 us0 (Capacity:seated 5001outside, 1501inside) Ships Plaza $ 500 w�N. Ship Tours(per hour) 100 Ship tours are available as part of Museum rental. Additional Rental Information Prices are licabl�tmurn of 4�o�ea Wedgy ing rehearsal 1 hour,wedding day 2 hours_ Set-up may begin 1 hour before Museum/Plaza closes at 5 p.m. All equipment and supplies brought in for an event must be removed by 8 a.m.the following morning. Museum will provide: 10-8 ft.tables and 100 chains(Inside use on ) Plaza rental will include: 14 tables and 32 benches. Renter will provide:Additional electronic equipment(Iapel microphone, overhead projector,slide}projector, and TVNCR)and any additional tables and chairs.A 10%"catering fee Is charged to food and beverage service providers. 0 WISM ;EXHWI Corpus Christi Museum of Science and History 1900 N.Chaparral,Corpus Christi,TX 78401 (361)826-4664,Fax(361)8847392,e-mail bonniel cctexas.com Room Rental Policy Museum Facility rental is possible during non-public hours, for purposes that are consistent with Museum's purpose and policies. Museum Room rental is available during public hours and evening hours. The Museum may not be used as a forum for promotion, commercial sales,religious services, fund raising activities, or political gatherings. The Museum reserves the right to refuse rental of the facility for any event inconsistent with the Museum's purpose and policies. F Room Rental Area Seating Capacity Rate Hrs.Available Meetings after 5 p.m. Watergarden Room 50-175 $150 8ain-5pm $275 Lecture Hall 50-75 125 8am-5pm 250 Conference Room 16-25 75 8am-5pm 175 Dome Room 70 . 200 3 hours 500 Rooms may be used for meetings, and luncheons. For evening functions dinner or receptions ask to see the Facility Rental Policy. The Museum will provide: Tables and chairs for room set-up, screen and projector, connectors for computer presentations,podium and-microphone. Museum Gift Shop will provide coffee and soft drinks for an additional fee. I f i i EXHIBIT, i , e: �.. � ry i Corpus Christi Museum of Science and History Piano Recital Policy and Fee Schedule Advisory Committee Adoption, December 4, 2003 Approval.: Date: ity Manager Fee Schedule: $100 for 2 hour use of the Front Parch area, Tuesday evenings, September—May $40 food and beverage set-up and custodial services The piano is tuned annually at Museum expense. Programs are provided by the Recital sponsor. EXHlB1T ' iP "Doc" McGregor Photograph Collection Policy Advisory Committee Adoption:January 7,2010 Approval: .Date: &0 A4el R Escobar ��- Fiber Base &Archival Mat Resin Coated Paper [Matte or Glossy Finishl 5 x 7...............25.00 5x7.............15.00 8 x 10.............55.00 8 x 10...........20.00 11 x 14...........65.00 11 x 14.........30.00 16 x 20...........80.00 16 x 20........50.00 20 x 24...........110.00 20 x 24,......75.00 24 x 36........200.00 Seaia Tone Prints Flat rate per image: $10 Digital Images 100 dpi........$10 300 dpi_......$25 Website use: Non-Profit $50 in addition to cast of picture printing Commercial $10. 0 in addition to cost of picture printing Copies Archival Materials: $0.10 each McGregor Scanned Copy: $1.00 each Publication Use Text use of Image in addition to cost of picture printing: Non-Profit $30 Commercial $50 Cover use of Image in addition to cost of picture printing: Non-Profit $50 Commercial $100 Re-use Fee for the use of same image: 'h of the original usage fee Fee Policies: *Fees must be paid in advance *No refunds or exchanges ' All sales are final 'E3CHIBTI';' i 3. Ener gy Savings Cost Guarantee 3.1 Guarantee Overview a. Philosophy; McKinstry is prepared to guarantee any portion of a project over which it has direct control. b. This Project: For this project, McKinstry is prepared to guarantee the performance of the installed initiatives to reduce energy consumption. The target energy reductions for the initiatives that will be implemented can be found in Table 3.1 of this section. Based upon the stipulated conditions as enumerated by the City of Corpus Christi,TX personnel and the utility rates as described below,the associated utility cost savings are also shown in Table 3.1. c. .On-going Services: On-going Performance Assurance is optional for the city of Corpus Christi,TX.The cost of On-going Performance Assurance in years after the first year is at the discretion of the city of Corpus Christi, TX. McKinstry is prepared to continue the guarantee as long as the city of Corpus Christi,TX continues the on- going services as described herein. When the city of Corpus Christi,TX chooses to cancel the ongoing services, the guarantee will also be terminated at the same point in time. 3.2 FTM Specific Performance Assurance Methodology a. Guarantees: Table 3.1 -"Energy Savings Guarantee Summary"provides the specific energy consumption savings for each facility improvement measure and the guarantee that McKinstry will provide associated with that measure. Savings calculations are based upon both baseline operating characteristics and proposed operation criteria: i. Baseline: "Baseline"refers to the existing operating characteristics that were used to calculate energy cost savings.The baseline operating characteristics,including system performance and operational expenditures, which were used for this project are provided in Table 3.1. In general,all parties acknowledge the baseline associated with any specific measure has been derived from the following sources: 1) Actual operating information gathered through field observation, measurement, micro-data loggers, and owner's operating log books. 2) Owner provided information concerning stipulated factors such as run times, burn hours, occupancy, or operational expenditures. 3) In some instances, a modified baseline may have been developed to address areas whereby pre- retrofit conditions do not reflect a system that is operating per current code or what the City of Carpus Christi,TX may deem as normal operation. ii. Proposed: The proposed operating criteria, including system performance and operational expenditures, which were used for savings calculations are provided in Table 3.1. Systems must be operated per the proposed criteria to ensure energy cost savings are realized. McKinstry will provide the initial start-up, commissioning, and programming of the system to ensure that the systems operate per the proposed operating criteria.the City of Corpus Christi, TX acknowledges its responsibility to ensure that these criteria are maintained and associated energy savings are realized. Energy Savings Guarantees are predicated on the City of Corpus Christi,TX maintaining its responsibilities as provided below in"On-Going Owner Responsibilities." b. Performance Assurance(PA): Table 3.2 -"Performance Assurance Plan Outline"provides the specific on-going reporting tasks that McKinstry will perform to verify that the systems are performing as specified. The intent of the verification is to measure and verify leading indicators on which the energy savings are based. Once these leading indicators are measured and are verified to be in accordance with the proposed criteria,the savings due to the performance of the equipment or measure shall be deemed as met. McKinstry has proposed measurement of these indicators. The site specific Performance Assurance Program encompasses the following elements. i. Initial Commissioning Report: McKinstry will provide an Initial Commissioning Report during the one- Energy Services Proposal H�B�T Confidential and Proprietary mw, r a� 3. Energy Cost Savings Guarantee cont. month period starting three months after the Notice of Commencement of Energy Savings.The scope of this report consists of the tasks outlined under the"Post-Retrofit"stage of Table 3.2. ii. First Year On-going Reporting: For this project,McKinstry proposes reporting of the first year PA tasks as provided in Table 3.2 on a one-time basis.The scope of this report consists of the tasks outlined under the "Annual Task"stage of Table 3.2.The first report shall be provided no later than one year after last date of Notice of Commencement of Energy Savings. However,if additional phases of work are involved,a single PA Report may be provided at regular interval(s) that reports across all relevant phases of work. iii. Post Year 1 On-going Reporting: This proposal includes a 10-Year Guarantee. This guarantee is only valid if the City purchases on-going Performance Assurance services for years 2 through 10. Cost of those services is$30,000 for year 2, escalated at 2.5% per year for each year thereafter. 3.3 Whole Facility (Option C) - M&V Plan Details of the FIMs to be installed and their proposed method of savings verification,specifically those FIMs proposed for the Airport, are detailed in Table 3.2.This section covers FIMs proposed to be verified using Option C. McKinstry proposes to install and implement extensive efficiency measures including: lighting improvements, computer power management,vending power management, HVAC controls and retro-commissioning; and replacement of HVAC equipment.These measures will be implemented at the following buildings: • American Bank Center • Health Department Arena and Convention Center Selena Auditorium • Central Library a Municipal Courts and Police Department • City Hall 0 Museum of Science and History OPTION C. WHOLE FACILITY ANALYSIS Because the proposed FIMs are expected to reduce building utility consumption by more than 10%, McKinstry will determine energy savings described in this section by following International Performance Measurement and Verification Protocol (IPMVP) Option C Whole Facility Analysis protocol to demonstrate the overall reduction in energy usage. Energy savings will be measured by comparing the guarantee period's total energy consumption and demand to the total energy consumption and demand for the same area in the base year period. Base year energy and demand will be adjusted for differences in weather,facility operation, and facility modifications. This method will provide an estimate of how much energy would have been used in the guarantee period if the FIMs had not been implemented. Specific savings will be determined in the following manner: Energy Saved —the difference between the adjusted base year consumption and the guarantee period consumption. • Demand Saved —the difference between the adjusted base year demand and the guarantee period demand. Energy Cost Savings —the difference between the cost of the base year consumption and demand and the guarantee period consumption and demand. This process will be followed for each fuel type involved in the guarantee. In support of the Whole Facility Analysis,the M&V process may include FIM specific review and analysis.This closer look into individual systems is often referred to as"retrofit isolation"and relies on the physical assessment of equipment change-outs to ensure that the installation is to specification.The potential to generate savings is Energy Services Proposal H!B Confidential and Proprietary QM.a.., 3. Energy Cost Savings Guarantee Cont. verified through observations, inspections, and spot/short-term/continuous metering of energy or proven proxies of energy use. Following the collection of the measure specific data,the data will then be incorporated, if appropriate, into the computer simulation to account for energy impacts resulting from deviation from the project's performance assumptions. ENERGY BASELINE DEVELOPMENT Baseline Definition The base year is the period of time, as agreed to in this document,which establishes the pre-retrofit conditions used as the point of reference for determining guaranteed savings.The guarantee period is any one or more billing periods during the term of the guarantee during which guaranteed savings are measured. The baseline is that set of parameters that describes both the energy consumed in the base year and the conditions that caused that consumption to occur. This set of parameters includes utility consumption,facility use information, weather data, and other information as may be necessary to describe the base year conditions.In addition,the baseline includes certain mathematical values calculated by a model that is used to correlate the base year energy consumption with the factors that caused that consumption.The baseline to be used for this project is fully defined in Section 5- Exhibit Z Utility Data Assessment(UDA). Customer agrees to accept modifications to this baseline that are necessary to account for changes in the facilities and their use which many have occurred prior to the execution of this agreement but come to the attention of McKinstry after the execution of this agreement. Determination of Adjusted Baseline Utility base year consumption will be adjusted to estimate what the current guarantee, period consumption would have been had no FIMs been implemented. This is accomplished by adjusting for these factors: Changes in the number of days between the base year and guarantee year billing periods • Changes in weather between the base year and guarantee year billing periods • Changes in facility use between the base year and guarantee year billing periods • Modifications to the facility between the base year and guarantee year periods Adjusted base year consumption is calculated as follows for each fuel type: Q = CD* (Tr-T_1) + CH* HDD,+ Cc* CDD1 + M, Or, Adjusted Base Year Consumption = Weather Independent Consumption + Weather Dependent Consumption + Use and Modification Adjustments Where: Q = adjusted base year consumption CD = a constant representing units of consumption per billing period day as calculated by model T, = ending date of current billing period Ti-,= ending date of previous billing period CH = a constant representing units of consumption per heating degree day as calculated by model HDD, = heating degree days in the current billing period Cc = a constant representing units of consumption. per cooling degree day as calculated by model CDD,= cooling degree days in the current billing period M, = other adjustments for the current billing period (Mi is described in detail below). Energy Services Proposal Confidential and Proprietary •er n,+r.�. r 3. Energy Cost Savings Guarantee cont. Adjusted base year demand is calculated with a slightly different formula as follows: D = Dc,* (T, -Ti-1) + DH * (HDD;/(T, -TS-1) ) + Dc* (CDD1/ (Ti -T,-1) ) + M), Or, Adjusted Base Year Demand Weather Independent Demand + Weather Dependent Demand + Use and Modification Adjustments Where: D = adjusted base year demand DD = a constant representing units of demand per billing period day as calculated by model DH a constant representing units of demand per heating degree day as calculated by model Dc = a constant representing units of demand per cooling degree day as calculated by model Weather Independent Consumption This component of consumption can be regarded as base-load, or non-HVAC consumption. As utility meters are not always read on the same day of the month,the number of days in a meter's billing period frequently varies.The term,Co * (Ti -T,-1), in the above equation is used to account for this difference, where (Ti -T,-1), gives the number of days in the guarantee year billing period.Thus, Weather Independent Consumption is the base load consumption per day times.the number of days in the guarantee year billing period.The approach is identical for demand, except that the term DD is substituted for CD- Weather Dependent Consumption Change in weather between the base year and guarantee year periods is accounted for with the terms,CH * HDDi + CC * CDDi. Weather Dependent Consumption is consumption per degree-day times the number of degree-days in the guarantee year billing period. A cooling degree-day is the difference between the average daily temperature and the balance point temperature(AvgTemp - BalanceTemp). A heating degree-day is the difference between the balance point temperature and the average daily temperature (BalanceTemp -AvgTemp). Degree-days are always greater than or equal to zero. If the degree-day calculation yields a negative number,the period is considered to have zero degree-days of that type.The balance point temperature is different for each building and for each fuel type and will be defined in Section 1.5. Demand is treated similarly. The exception being that"total degree-days per month"is substituted for"degree- days per day."This provides a measure of average daily weather intensity. Other non-route Adjustments Additional non-routine adjustments to the base year may be made to compensate for modifications and additions to a facility and/or changes in how a facility is used.A list of known Causes for Adjustments is shown in Section 1.6 along with means to determine the magnitude of these adjustments. The total adjustment for any given period will be determined with this equation: M, = Adj1 +Adjz + ...Adjn Where Adjl,Adjz and Adjn are all of the adjustments determined to be necessary for the guarantee period. The sign of the adjustment will be positive when the change will cause an increase in utility and the sign of the adjustment will be negative when the change will cause a decrease in utility. Upon request, McKinstry will provide an explanation of the derivation of these adjustments to Customer. If additional changes occur, other than those listed in the M&V Plan, McKinstry will document to Customer how adjustments will be determined for said changes. Any such adjustment will be added to the term M, in the equation above. Energy Services Proposal EXH�B(T Confidential and Proprietary 3. Energy Cost Savings Guarantee cont. ENERGY SAVINGS CALCULATION METHODOLOGY Determination of Energy Units saved Energy and demand units saved will be determined by the following equation: E = EB— EG Where: E = Energy (or demand) Units Saved EB = Adjusted Base Year Consumption (or Demand) EG = Guarantee Period Consumption (or Demand) Determination of Energy Dollars Saved For the purpose of this contract's guarantee,energy dollars saved will be determined as follows: $ - ($B-$G) + $5 + $O+ $M where: $ = Energy Dollars Saved $B = Cost of Adjusted Base Year Energy,for All Fuel Types $G = Cost of Guarantee Period Energy,for All Fuel Types $5 = Stipulated Energy Savings $o = Other Energy Savings $M = Maintenance/Other Savings The cost of energy in any:period will be determined by applying the energy rates,as defined in table 3.3 or the actual energy rates during the.period, at the discretion of McKinstry,to the energy used in a given period for each fuel type. BASELINE &SUPPORTING INFORMATION Meter Tuning Contract The purpose of meter tuning is to establish a relationship between the weather, or other independent variables, and consumption and demand measured by a particular meter.Tuning consists of identifying relationships between historic utility performance and the relevant independent variables. The end result is a set of coefficients, which will be used in modeling the energy use of a facility to calculate the energy savings or penalty associated with weather normalizing the baseline energy use. During the project implementation period, McKinstry will select the 12-month baseline period (typically the same period used as the baseline for the energy savings guarantee)for each guaranteed meter and will determine the meter tuning coefficients.These coefficients will be included as a part of this contract and will be submitted to Customer for review prior to the start of the guarantee period. The meter tuning effects will be calculated using Metrix utility simulation software. This software package has been accepted as meeting the requirements of the IPMVP. Meter List Energy Services Proposal I EXNIBlT Confidential and Proprietary try K }r 3. Energy Cost Savings Guarantee cont. The following meters will be used to measure actual energy consumption for both the base year and guarantee periods. Building Account Meter Number ult�litv Co Rate nits Scrved Number AEP/Direct Sec> 10 AME 10032789439293451 4995056150 Energy kW/ STAP - kWh, kW 2009 AEP/ Direct Sec> 10 AME 10032789490999491 4995056173 Energy kW/STAP- kWh, kW 2009 City of AME GA58094 Corpus City Gas Therms Christi City of AME 335494 Corpus City Gas Therms Christi City of AME GA61012R Corpus City Gas Therms Christi AEP/Direct Sec> 10 CEN 10032789435610861 4995056160 kW/STAP- kWh, kW Energy 2009 City of CEN GT59346R Corpus City Gas Therms Christi AEP/Direct Seca 10 CIT 10032789494229351 4995056154 Energy kW/STAP - kWh, kW 2009 City of CIT . 8514656 Corpus City Gas Therms Christi City of CIT GT61002 Corpus City Gas Therms Christi AEP/Direct Sec> 10 HEA 10032789412459381 4995056159 Energy kW/STAP- kWh, kW 2009 City of HEA TBD Corpus City Gas Therms Christi AEP/Direct Sec> 10 MUN 10032789410525840 4995056169 Energy kW/ STAP- kWh, kW 2009 City of MUN GA76764 Corpus City Gas Therms Christi AEP/Direct Sec> 10 MUS 10032789422995252 4995056173 Energy kW/STAP- kWh, kW 2009 MUS 10032789464587390 4995056163 AEP/Direct Gity Gas kWh, kW Energy City of MUS 57700 Corpus City Gas Therms Christi Energy Services Proposal "Esr nfldential and Pro prietary fry 3. Energy Cost Savings Guarantee cont. Building List The following table lists the buildings that were served by guarantee meters during the base year period. AME American Bank Center 486,342 CEN Central Library 78,400 CIT City Hall 152,361 HEA Health Department 46,876 MUN Municipal Courts&Police 102,580 MUS Museum of Science&Natural History 85,000 Weather Data Source Data for weather compensation adjustments will be Daily High-Low Temperatures obtained from the National Weather Service Station at Corpus Christi,TX(CRP). In the event the specified weather station is deactivated, weather data will be collected from the nearest weather station with suitable observations. If the data source becomes unavailable or a superior source is identified, McKinstry may select an alternative source with Customer's approval. NON-ROUTINE ADJUSTMENTS Causes For Adjustment Cause Acton Resporisi��Iity Addition of New Building or Renovation/Addition 1 None required. Should have no impact on tracked on Existing Building — meters 1. None with Independent Utility and HVAC Service 2. Notify McKinstry of planned changes 3. McKinstry will review plans and will determine if change Change or Addition of is likely to impact energy use above thresholds 2• Customer Facilities or service on 4. If change is expected exceed any threshold,all 3• McKinstry Existing Utility and incoming utilities and HVAC service will be sub-metered 4. Customer HVAC Service 5. If the change's impact is expected to be below 5. McKinstry threshold, then the change in energy use will be estimated using industry accepted methods Energy Services Proposal EXHIBIT onfidential and Proprietary 3. Energy Cost. Savings Guarantee cone. Cause Action ResponsibiliLy 6. If a Customer ihitiated FIM (CI-FIM) is expected to save . . . less than 50%of this contract's annual guaranteed energy savings, no adjustment will be made to the savings measured under this contract 7. To measure savings from 0 FIM,Customer will develop 6. N/A Customer Initiated a separate M&V plan to track the FIMs savings. Pending 7. Customer FIMa agreement from McKinstry, the resulting savings from 8. N/A CI-FIM will be removed from this contract's savings / 8. In no event will the original M&V plan's current year measured savings be reduced below the immediately preceding year's savings due to CI-FIM 9. Customer agrees to authorize.McKinstry to access the utility information directly from the utility company, or Customer will send complete and accurate copies of utility invoices for meters included in this contract to McKinstry within 10 days of receipt. 10. If McKinstry does not receive invoices within 60 days of g, Customer Missing Bills end of service period, McKinstry will estimate savings 10. McKinstry based on guaranteed savings or previously achieved savings at McKinstry discretion. 11. McKinstry 11. If McKinstry receives utility data subsequent to above action, McKinstry will incorporate utility data into savings analysis. If such data produces savings results greater than item 10r the greater amount will be used to determine achieved savings. 12. Other causes for adjustment may occur due to changes Other Causes in certain baseline conditions and will be investigated 12. McKinstry and an adjustment will be calculated using industry accepted standards. Threshold Limits r Area: 1% of base year area as described in Building List • Electricity: 1% of highest annual peak demand resulting from the Meter Tuning Contract • Natural Gas: 111/6 of installed base year gas-heating capacity • Other Fuel: 1% of installed base year maximum capacity r Air Conditioning: 1% of installed base year air-conditioning capacity Calendar&Schedules Schedule and occupancy are documented in Table 3.4 Standards of Service and Comfort Customer agrees to operate the conditioned spaces in the facilities listed in the Building List within the temperature ranges as detailed in Section 3.4. McKinstry reserves the right to adjust the baseline for operating conditions outside the range specified in this section. Other Key Baseline Information Energy Services Proposal l EXHIBIT Confidential and Proprietary r Ya'RwNfA4M1 A l .. t ,y ; 3. Energy Cost Savings Guarantee cont. The following are key baseline conditions and calculation assumptions.Significant deviation from'any or all of these conditions constitutes a cause for adjustment. In the event cause for adjustment occurs, McKinstry will.use an appropriate means to estimate the effect of the change and add or subtract the adjustment for the current billing period. All calculations will be made available to the Customer upon request. • Guaranteed savings assume that no significant increase or decrease in quantity or capacity will occur in installed equipment and plug loads such as fans, pumps, lighting, copiers, computers, printers, kitchen equipment, etc. McKinstry reserves the right to adjust for changes in quantity and/or capacity of any of these items. Customer agrees to provide McKinstry access to Customer's premises and/or records for purposes of determining the occurrence and/or magnitude of any such changes. 3.4 Utility Rates a. Utility Rate: For the purpose of calculating savings,the utility rates used will be the utility rates as paid by the City of Corpus Christi,TX to the utility company during the pertinent period, adjusted for any rate schedule changes made by the utility company, except that the utility rate used for calculation will never go below the Floor Rate, or above the Ceiling Rate,as described below. In the event that a building has multiple meters on different rate schedules,the per-unit cost of the utility will be the average of all the rate schedules in effect at that facility. L Base Utility Rate: Refer to table 3.3 for the Base Utility Rates (including sales tax). b. Floor Utility Rate: For the purpose of calculation of savings,the utility rate shall never drop below the base utility rates described above.This shall be known as the Floor Utility Rate. c. Ceiling Utility Rate: For the purpose of calculation of savings, the utility rate shall never exceed 1.5 times the base utility rate described above.This shall be known as the Ceiling Utility Rate. d. Rate Schedule Changes:When the utility company makes a change to the rate schedule,the new rate will be used for calculating savings realized during a given period. If a rate schedule change occurs partway through a period, an aggregate rate comprised of a weighted average between the old and the new rate will be used.The weighting will be based upon the portion of the period that each rate applied. . . 3.5 Standards .of Comfort The following section provides the standards of comfort, which the City of Corpus Christi,TX must maintain to ensure the comfort of the occupants upon which all energy calculations were based. HVAC COMFORT Heating, ventilating and air conditioning (HVAC) systems provided by McKinstry will provide comfort and indoor air quality in accordance with the Standards of Comfort below.This standard will pertain only to buildings and areas of buildings in which McKinstry is installing HVAC equipment that has direct control over space comfort conditions. HVAC comfort conditions cannot be guaranteed when operable windows or doors are open. Indoor Conditions: Occupied: Winter Heating Set Point-68 degrees F Summer Cooling Set Point- 74 degrees F(where mechanical cooling systems are employed) Unoccupied: Minimum - 55 degrees F Maximum - 85 degrees F(where mechanical cooling systems are employed) Energy Services Proposal (D.qE EXHIBIT Confidential and Proprietary 3. Energy Cost Savings Guarantee cont. Unoccupied for Library and Museum: Minimum — 55 degrees F Maximum - 75 degrees F Minimum outside air per occupant: In accordance with ASHRAE standards LIGHTING illumination Levels Verification: Illumination levels shall be as recommended by the Illuminating Engineer's Society of North America (IESNA). Design calculations shall be made for each space, using an 80% lamp depreciation/maintenance factor. Illumination Levels Design: The lighting and illumination levels for lighting systems provided by the McKinstry Co. will meet or exceed current recommended practices by the Illuminating Engineering Society of North America for illumination levels for the various tasks that are conducted throughout the City of Corpus Christi,TX. 3.6 On-Going Owner Responsibilities The City of Corpus Christi,TX shall provide the following services as part of this energy services project. In the event that these services are not provided, energy savings and associated guarantees will be modified to reflect the associated impact. 1) Maintain all equipment per manufacturer's recommendations and proposed maintenance schedule. 2) Maintain all sequence of operations and.performance criteria related.-to installed systems as proposed and designed. 3) Provide other FIM specific on-going responsibilities as provided in Table 3.2 - "Performance Assurance Plan Outline." 4) Provide McKinstry access to Energy Management and Control Systems for the purpose of collecting and logging data over time as required for performance verification. 5) The City of Corpus Christi, TX shall notify McKinstry in writing with regards to any changes or alterations to buildings that will affect energy usage.This notification must be provided within two weeks of the change. This includes occupancy or use changes, computer load or other load changes, scheduling changes, and sequence of operations changes. 3.7 Non-performance In the event the equipment performance is not met, McKinstry accepts responsibility for additional electricity or gas used by the equipment as a result of the reduced performance. McKinstry may, at its preference, execute any of the following options: a. Repair or replace equipment as required to meet required performance. b. Make payments for the extra energy consumption to the City of Corpus Christi,TX. In the event that McKinstry chooses the payment option, McKinstry reserves the right to select either an annual payment for the duration of the finance term or a one-time lump-sum payment of the same amount. In either case, the payment will be calculated based upon the quantity of additional electricity used and the Base Utility Rate as described above. 3.8 Change of Use Energy Services Proposal i HB� Confidential and Proprietary iYfmAffalm ', t �.c�� ' .. . ;Ft 3. Energy Cost Savings Guarantee cont. In the event that the City of Corpus Christi,TX chooses to make changes to the facility that require set point adjustments, longer operating hours,or continuous equipment operation,the City of Corpus Christi,TX agrees that: a. Savings deemed as met described above will continue to be deemed as meta b. Additional cost of extended equipment operation is a cost of the change, not due to a failure of McKinstry or its equipment. c. McKinstry shall not be responsible for any increase in energy, maintenance, or any other costs incurred as a result.of the extended equipment operation. d. McKinstry, at its option, may make a baseline energy use adjustment to account for a change-of-use at any facility, Energy Services Proposals fry sH�B�T Confidential and Proprietary y Table 3.1 - Energy Savings Summary City of Corpus Christi,TX ESPC Final 9/16/2011. AIR-09.01 Lighting AIR-Airport 100% 622.0 $5,712 447,869 .$37,571 -1,284 -$886 $42,397 Improvements _ AIR-16.01 Computer Power Management AIR-Airport 90% 0.0 $0 6,998 $587 .0 $0 $587 AIR-26,01 High AIR-Airport 90% 0.0 $0 -1,805 -$151 - Q $0 -$151 Efficiency Hand Dryers - - - AME-04.01 HVAC - - Centrals Improvements AME-American Bank Center 90% 0.0 $0 320,523 $26,884- 0 $0 -$26,884 (Selena Auditorium) - - - AME-09.01 Lighting AME-American Bank Center 100% 573.0 $4,929 371,632 $31,172 0 $0 $36,100 Improvements(Arena) AME-09.01 Lighting Improvements AME-American Bank Center 100% 1,711.0 $14,717 869,630 $72,943 0 $0 $87,660 (Convention Center) AME-09.01 Lighting Improvements(Selena AME-American Bank Center 100% 100.0 $860 82,714 $6,938 0 $0 $7,798 Auditorium) AME-16.01 Computer AME-American Bank Center 90% 0.0 $0 7,747 $650 0 _$0 $650 Power Management AME-16.02 Vending AME-American Bank Center 90% 0.0 $0 8,492 $712 0 $0 $712 Power Management AME-25.01 Retro- Coention Cerit AME-American Bank Center 90% 0.0 $0 435,984 $36,569 0 $0 $36,569 (Convention Center& Arena) CEN-04.01 HVAC CEN-Central Uhrary 90% 0.0 $0 232,188 $19,474 10,66,0 $7,358 $26,833 Controls Improvements CEN-09.01 Lighting CEN-Central Library Improvements 100% 486.0 $4,180 199,429 .$16,727 -561 -$387 $20,520 CEN-16.01 Computer CEN-Central Library 90% 0.0 $0 23,126 $1,940 0 $0 $1,940 Power Management CEN-16.02 Vending CEN-Central Library 90%. 0.0 $0 3,425 $287 0 $0 $287 Power Management CIT-02.01 Primary Chill lens&Cooling Tower Crr-City Hall 90% -1,830.6 -$16,655 -764,707 -$64,193 207,090 $73,892 -$6,956 Improvements CIT-02.02 IT Chiller CIT-City Hall 90% 0.0 $0 43,592 .$3,659 0 $0 $3,659 Improvements CIT-04.01 HVAC C17-City Hall g0% 0.0 $0 109,301 $9,175- 20,769 $7,431 $16,506 Controls Improvements . CIT-09.01 lighting CIT-City Hall .100% 1,192.0 Improvements $10,845 593,780 $49,845 -1,749 -$1,207 $59,483 Power Ma as ement CIT-City Hall 90% - 0.0 $0 132,070 $11,087 0 $0 $11,087 Power Management CIT Vending Power er Ma nagement CTf-Qty Hall 90% 0.0 $0 14,948 $1,255 0 -$0 $1,255 Management CIT-26.01 High CIT-City Hail 90% 0.0 $0 -2,048 -$172 0 $0 -$172 Efficiency Hand Dryers HEA-09.01 Lighting HEA-Health Department 100% 627.0 $5,393 202,055 $16,948 -1,700 -$1,173 $21,168 Improvements HEA-16.01 Computer. HEA-Health Department 90% 0.0 $0 24,429 $2,049 0 $0 $2,049 - Power Management - HEA-16 Vending Power Management HEA-Health Department 90% 0.0 $0 5,864 $492 - 0 $0 $492 - HEA-25.01 Commissioning HEA-Health Department 90% 0.0 $0 179,899 $15,090 -0 - $0 $15,090 - MUN-04.01 HVAC Equipment&Controls MUN-Municipal Courts and Police 90% 0.0 $0 381,092 $31,965 0 $0 $31,965 Improvements MUN-09.01 Lighting MUN-Municipal Courts and Police 100% 775.0 $6,666 440,953 $36,986 p $0 $43,652 Improvements - - MUN Power Ma Computer MUN-Municipal Courts and Police 90% 0.0 $0 110,171 $9,241 0 $0 $9,241 Power Management Sheet 1 of 2 f XH1BfT M 1 Table 3.1 - Energy Savings Summary City of Corpus Christi,TX ESPC Fnal 9/16/2011 MUS-04.01 HVAC MUS-Museum of Science and History 90% 0.0 $0 123,620 $10,369 - 38,424 $25,512 $36,881 Controls Improvements MUS-09 o lighting Imprproveve ments MUS-Museum of Science and History 100% 1,011.0 $8,696 207,788 $17,429 -1,827 - -$1,261 $24,864 MUS-16.01 Computer MUS-Museum of Science and History 90% 0.0 $0. .2,387 $200 0 $0 $200 Power Management Tp4al5 "' 1 5,266.4 $45,342 4,813,132 $403,727 159,826 $110,280 $559.349 -The savings shown in this table are less than the calculated savings unless a guarantee multiplier of 100%is shown. '* The guarantee is based on Key Performance Indicators shown in Table 3.2. Referto Section 3 cf the ESP forthe method of converting Key Performance Indicators to dallars during the M&V period. '•' The guarantee Is based on the aggregate savings for all FIMs,not on individual FIM savings. Confidential and Prcprietary Sheet 2 of 2 EXHIiT { h tfa�CS t l sqd aJ > 1 E'm N v Ey tg =YE fm° p �N Z 2 Q Ei � 4 0 m u i w m o m y - o E N Im n� o _ o 17 M M N o r u Ll. 2 x ryi E �� w� n rn m rn am am m rn m rn rn rn rn rn rn m rn 0 rn m O O O O O O Q O O O O O O O O. o o O O O O O O O O O C g O O. O C7 O O O o C? C7 - m C= N N N N N N N N N N N N N N N N CSI N M W M C_7 = Q zi M m. C7 M C_7 C�7 m m M m N N N N N Cj+ N .� r N N N r r W w �p ❑ n m Z AA 7 CL N - W N m b O W W OD O O M CO O -W m O w w OD fb O 00 o w m n m o ti m O m o i. M r+ Cl) o .N O M N -M N O w W Q N O W N 00 N Co CO . (h O Cl) r -M O Cl) h 0 m' O M r M O m W O CD O -00- P M CO ba 0 CO O M 00 O. 00 O m "CO r (O O (D O - 'R C? q (O 'O (O (O O O 4 CO' CD O �-� C6 'C] O 00 O. 00 o C)- 0) O C7 co O C7 00 -4 00 O 0 d64 6% 6% 64 ag E+9 69 H3 d3 0J'-69 64 (s3 69 6% 4A v9 63 E9 �I w 0 0 w m m m va a . E E E E E E E m m m R1 l0 R1 m m d m m m m m w z w w w w z w w z w w z w w w w z w r YO Q Y a UJ � G N O N O ma O � N O N O w N m is a n a n m fL m a n m a n a n ro a. zl � Nrnrrn (n � � (a Lo ~jrmnu~irmn R � w w � Huai 21 Z,Z) 4-1 wQw ¢ ¢ ¢ UCUUU' U 'U2Ux a o: LL a ¢ ¢ ¢ ¢ LLI X X X X `mom `m ID. X o 0 0 a 0 a. 0 0 0 +J = 4 a A •— L U v : v U v U v U v U L :3 2 JE a o w w w w w u D u o d m U C j U W m. U:�j (_} O O �. Ca} _ w ` o _ w w w T �O w •F w.+ m m _m N b E 'EL) b T m O U .b QR m O ED n v i rn Q U O ¢ ❑ ¢ U ❑ Q U CI' Q U ❑ Q ❑ Q U ❑ C6 2� m -O b O in as m U 2 = T O O ti U U m m aa) ur u7 C c C" 'e W R �3 R 'C 'C 'C P O fA CA fq mm -0 o. aaU V o 0 0 . ; E m J J J ❑ Q ❑ R D. 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E E m m m w a, m m m c ' C Q Q Q Q U U U U W W Z Z Z ¢ Q Z Z N fA IY w w w = w w uai > > > > n m ¢ ¢ ¢ ¢ ¢ U U U U U V x x EXHIBIT , , G Ca C C y •iiVi t:� � 'L o 0 o a o - 0 0 0 0 0 0 E c c c- E a a C E a of E a C - L C L - C C C C -.o - E m o o > Y3'a'J❑m'R E ERE mE E RE RE RE mE RE RE RE E R m c c a_nv 'csnn v n_ - ,v_nv c v n ro N �.� n Esc nc �m-s-3'-t m am a--6.5E a-og ov.o1!0°'ov= az ar�s ms a-a L3s�L v c N Bccui cu c� cYi ccvi cu cu c'�ic v o'r O E i Yo R¢ O C C L C W C R G evx- °a rn •o o -o a- rn o o o o y y n 2 v n wro ab mro - c,�vE E wo E uvo E mE ovi EmE uviE vE aviLl vEvEmE -i ,M,c _ yYL Tt Tt YLT ?.i j-.t -oT�Tt T.y Tt y o 0 @ ro y a+f/l a+Yl.+111., a+N a+Ln LA N r 3 C mi l�C O o r w y � r.+•�r i�1k�i sf��� . x' S�W r �, 2 � f 3 _ ❑ ❑¢ W#yLL a. ...� � K S��SIG � �3 � LL 4 F���� ❑ i _ Um Q _ y ;�: o Z •;❑ o �.z ❑ o 0 0 0 0 0 3 - a N N a a ,v,4. o o'L c o s ❑ o o a o 0 00 0 0 0 o a a o o N o o ry ❑ o 0 0 ❑ 0 0 0 ❑ o o c o 0 w n �= E Y ?. _ - =^ o p ,-o 0 0 0 0 0 0 0 ❑ 0 0 0 0 ;¢'-:' o -o - .�� o ❑Z :o o z - o o p o ° o o a o 0 0 o Z,�� o v . . ❑o o :�0 0 0 0 0 ❑ o ❑ o 0 0. o o ❑. o a o a >❑ o o o -o ❑ ❑ o 0 0 0 a o o tr o �o h N,•,�;e n N � n n n ri ri r: r� ri n _n ri '� a .3 aga - O p ❑ ❑ ❑o '❑ O O O O O po ❑ ❑ ❑Q v - m -°o o� -o a z o 0 0 0 0 0 0 0 ❑ o -,Z � v io f F 4 a � oa T. o ov ro o a o 0 0 0 0 0 0 0 0 o o a o O £ £ 6 f f a £ f f E £ f i c a a a a a a t a a r a c a a t a ¢ a ¢ a a a a a a £ L" s ¢ 4 a r !iy'� o ❑ ';o o � a o' o ❑ 0 00 ❑ ❑ ❑ o 0 o s o m 3 - �' o - �/ C '� '.•6+ 'J.:; �D 40 IO io C6 N o :o0 o t: °o ❑ 0 0 0 0 0 0 ❑ o o s o m o O c o v o 0 0 ❑ 0 0 0 o o 'R 0 a ❑ .L= a ..� W .-� .i .a ri N N tv N E u Y O_ - y L rn ¢ cow w m m m m m m m m m m m m m i u m IC v ro m s = yam 3 e a o 0 0 0 o 0 0 o a g o 1r1 -W m n v a a a u m m s n a a a a a - maN c x E m m m o m o 3 m { a V <UU U -x. FU U V V U U£U£UE UfU V3U U U :•- `c Zo1 W W-N I } mlbrLtiffq - Table 3.5 - Operations and Maintenance (O&M) Detail ®City or corpus Christi,TX ESPC Final 9116/2011 AIR-09.01 Lighting AIR-Airport 1. Mainterionceand Repairs 'tamps&Ballasts 1 1 $2,427 Impovemenrs AIR-26.01 High.Effioancy AIR-Airport 1. - Paper Towels Paper Towel C=Redunion 1 1 $9,600 Hand Dryers AME-09.01 Ughting AMF-American Bank 1. Maintenance and Repairs Lamm&Baffasfs 1 1 $4,077' Improvements(Arena) Center AMT=-09.01 Ughting pME-Amerlwn Bank Lnprovementa(c menuw Center 1. M.htemnce and Repairs, Lamps&Ballasts - 1 1 $5,172 Center) AME-09.01 Lighting AME-An erican Bank - Improvements(Selena. Center 1. Maintenance and Repairs Lamps&Ballasts - - 1 - 1 $3C4 Auditonum) CEN-09.01 Lighting Smprovements CEN-Central Library 1. Maintenance and Repairss Lamps&Ballasta 1 1 $2,31.7 ' CIT-02.01 Primary.Choler - - - - &Cooling 7ower -City 110 1. Maintenance and Repairs COntract 1 1 $155,000 Improvements - aT-02.02 Tr Chiller CIT-City Hall 1. Maintenance anti Repairs Materials 1 1 $3,900 Improvements Crr-09.01 Ughting Crr-City Hall 1. Maintenance and Repairs Lamps&Ballasts 1 1 $4,443 Improvements C17-26M High Efficiency CI7-City Hall 1. Paper Towels PaperTO dCast Reducdcn 1 1 $9,600 Hand Dyers HEA-09.01 Li9htl ng HFA-Health Department I. Maintenance and Repairs -Lamps&Ballasts 1 1 $1,373 Improvements - MUN-04.01 HVAC MUN-Municipal Courts Equipment&Controls and Pohee 1. Mxintenanoe and Repairs MaLedals 1 1 $18,624 Improvements MUN-09.01 Lighting MUN-Municipal Courts 1. Maintenance and Repairs Lamps&Ballasts 1 1 $3,570 Impmvements and police MUS-09.41 Lighting MUS-Museum of Science 1. Maintenance and Repairs Lamps&Ballasts 1 1 $4,796 Improvements and History - - - - Confderrtial and Proprietary - =E�H�BIT i Sheet 1 of 1 e- .:Tnwtr«s...F.---«'F.51'_,a�`'iY.":,. 2 ON O� Q M § L"-�,., Y fiy ri-• {{V_/ � �} !, VkJ bF 4-1 W N a C5 N O O m 4 N 4!F co m Q �Pr VF Vt fR N - '/�`•�' -HY Hf iPr - - VF �/ ��'• Off+ �� � _ to � j N Y`2"'S� �„'.J iv�i� t N r � dam.,, r ID a CD IA V1. Vk �[ iR NF +fT fR NE V 11� ON N LM 10 10 10 0 fn N I '�I Pr Vh -!Y MF VF VF W O7 tP Ln N 'CF m ID t0 N N N \ \ H N = N O N 11 11 7 N T UU w Y C C C y C C C U u u u u -u u -Y Y h Q n d m m m [O m m m U J O OC K OC U U Lo a a a 6 a a s Q a a Z Z U N { , o 1 w w v 0 w w w w to u.i w V V a Q0 `m 0 y. c ql L!= Q C Ol L d OC OL m t = v�. i s m e c c U t 11 q O+CJ 7 N w p� D+ y 5 y J N Jar 2.2 a v .y y y L F aEi w m rn a >1 E o L u m 2 a o f o c m o ° U m m v L df x o > a oa om o a � o ° V ovate om ^ � L wv � La Qg ID w y0 d E zE rti lu LU Sam at v"h""-MWWj)R� l h3 yy y. t so c =Qy WT �rA E vi �'F i §m La M low, q`�P` .x u• �� x r+ §r^ } �,r cur �t� i �, �,^c �,�� er � ^'� � M; O O M O O O Z +h VT F. � i#F iM 4R ti � Vt y} y} d2 � O N VI I - u1 M +H Vt m .. M -i14 Vt ih V} Y`x.Ib �+a ism w, ^5ys,- r ¢ 5r3 t>t�a 'v^r > m Ea a» t1 da cn 5+ ohs, r h s"�E ; •f rZ"ro k' .[n-1 '�e` T ti .�.ms-`:N�:�v - �9 I tF i N - '' � 4- �"X°� os.r �"N mph, _ Y 1 k Emil c e .a r.i: 't 0' ?,�'� ,.� Y 1 a:r.�:y s .�u��,..GY�i �� `• ����.� W:- s.. .la. ti N N ° M 0] N 01 0 N t0 lD a ur . u> ur u> ur tFr trt aF +r} p ID Ol 10 m Ln�. n O W W iD 91 O ON ID ID p N to Ol N W W eq k6 rr� 16 01 O.. t0 ID rl. m N I' W ID - 7 M ID t0 O .a M 10 M N W - N N N N N "I N N N- _N-I O= °O O p ` N N ` \ Q p ti N N i t} M d`' N ti �Ny N M � ti 1�0 V`' 1`i ti 'l•_j N � E E E E u u 3 ••� Y 2 2 2 X Z S n a c. a 0 0 o u u v U - U. a .. .3 ��a [ UU Q Q Q I I .rL W W W Z Z � f in 3 uCi 4Q E i 3 c o 3 a a L V C.m d d. C 'C 0 y C C C C C W W c C W 7 C C C C G n v a W u W rn W S W W W m rn W W W E o rn m .a m c �e y; E E n a a v a E W cW mE E ¢ E � E E cE C � E E cE E un E � E nE 4 y3db�'j3 ), o rn W m E ry W E W W W a ❑ W E W W W o ¢ W E W 9 W W V O ?W T C C L 0 �. Qt z o [�] o rn .r O V J E o a? o of .Z 7 0 7 o rn C N C d N'n U V C ry C ..i C Ch G U'C N G .i S V Ol F. U-C "'I O 01 O U = i J'R'�'� ✓, O O. . n E O in 4 E °° ° o D O g 6 o ID ID 10 � C C U H 1 � 2 4 a V •G � cG �5� � � y1'tr,?� LLl 1 } M � cu O m 6+ N m Q w 6 N w _I w M E cu 5 N N n � .ni oxr V/ E= FN EN E Vl N C p � O 6 6 pi C. 6 Y p d -° C Eli ° n° coact a ° c u E LLU N v L d y p ¢ N R R OA H u iR ? p�i ° � c �� PLEA me =i g y w c CV d" m o c a - W °! _ U. m ti R m v m coof aE op w 4y c_ o -^ c - r, SUS G� 0 N10"PORP1 0 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 19, 2014 Action Item for the City Council Meeting of August 26, 2014 DATE: August 19, 2014 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director of Management and Budget EddieHo @cctexas.com (361)826-3792 Amendment to Financial Budgetary Policies CAPTION: Resolution amending Financial Budgetary Policies adopted by Resolution 029848 and providing financial policy direction on preparation of the annual budgets. PURPOSE: Section 6. "Funding Level from General Fund for Street Maintenance" is being recommended for amendment to specify the funding levels for street maintenance beginning in Fiscal Year 2014-2015 and thereafter. Section 7. "Funding Level from General Fund for Street Capital Improvement Projects" is being recommended for addition to the policy to specify a long-term funding mechanism for capital improvements to streets beginning in Fiscal Year 2014-2015 and thereafter. BACKGROUND AND FINDINGS: The financial budgetary policies are being recommended for amendment to address the needs of the City's street maintenance and street capital improvements this year and in future years. Section 6 of the financial budgetary policies addresses the funding level from the General Fund for street maintenance. The recommended amendment would change the current funding level for Fiscal Year 2014-2015 from 5.24% of the General Fund revenue or $10,818,730, whichever is greater, to 6% of General Fund revenue less grants or $10,818,730, whichever is greater. Additionally, the City's Fiscal Year 2015-2016 operating budget will include revenue from the newly negotiated industrial district agreements. Therefore beginning in Fiscal Year 2015-2016, it is being recommended to transfer 5% of the industrial district revenue from the General Fund to the Street Maintenance Fund - in addition to transferring 6% of General Fund revenue less grants and industrial district revenue or $10,818,730, whichever is greater. The financial budgetary policies are also being recommended for amendment to add Section 7 to address a funding level for street capital improvement projects. It is being recommended to appropriate and transfer $1,000,000 from the General Fund's uncommitted fund balance to the Street Capital Fund beginning in Fiscal Year 2014- 2015 and continue for 2 additional budgetary years. It is also being recommended to appropriate and transfer 5% of the industrial district revenue from the General Fund to the Street Capital Fund beginning in Fiscal Year 2015-2016. Additionally, it is being recommended to transfer 1/3 of 1% of the General Fund revenue less grants and industrial district revenue to the Street Capital Fund in Fiscal Year 2020-2021. This percentage would increase to 2/3 of 1% in Fiscal Year 2021-2022, and would increase to 1% in Fiscal Year 2022-2023 and thereafter. ALTERNATIVES: An alternative would be to leave the financial budgetary policies as they currently are written to maintain the level of funding for street maintenance at 5.24% of the General Fund revenue or $10,818,730, whichever is greater and not specify a funding level for street capital improvement projects. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Office of Management and Budget • Financial Services • Legal FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget Encumbered/Expended amount of(date) This item BALANCE Fund(s): RECOMMENDATION: Staff recommends approval of the amendment as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Redline Resolution RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 029848 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life"; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; reaffirmed the Financial Policy in May 2005 by Resolution 026265; reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; amended the policy in July 2011 by Resolution 029128; amended the policy in May 2012 by Resolution 029521; amended the policy in May 2013 by Resolution 029826; and amended the policy in June 2013 by Resolution 029848. WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 2 The Financial Budgetary Policies adopted by Resolution 029848 are amended to read as follows: Section 1. Development / Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. This Financial Budgetary Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues Equal / Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. Committed General Fund Balance / Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund committed fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund committed fund balance which totals at least ten (10%) percent and up to 25% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least 10% up to 25% of total annual General Fund appropriations will be Committed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this twenty-five (25%) percent policy at least annually as part of the budget process. Uncommitted fund balance in excess of the ten percent policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the committed funds. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters 3 or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of at least three percent (3%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. This subsection only applies to the MIS Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; and Maintenance Services Internal Service Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each of the Enterprise Funds of at least twenty-five percent of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations. This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. 4 Section 5. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 6. Funding Level from General Fund for Street Maintenance. City Council approved Resolution #029634 on September 18, 2012 to declare its intent to establish a street user fee for implementation in Fiscal Year 2013-2014. Section 4 of this resolution expressed an intent to preserve the funding level of the Street Department at the percentage of the Street Fund's budget in Fiscal Year 2012-2013 relative to the General Fund. Excluding a decrease in General Fund revenues, the percentage of the Street Fund's budget relative to the General Fund will neither go below that of Fiscal Year 2012-2013 nor go below the dollar equivalent if General Fund revenues increase. That funding level equates to 6.00% of General Fund revenue less grants from the annual adopted operating budget or $10,818,730, whichever is greater. Beginning in Fiscal Year 2015-2016, the funding level will be 6% of General Fund revenue less grants and industrial district revenue or $10,818,730, whichever is greater. Additionally beginning in Fiscal Year 2015-2016, 5% of industrial district revenue will be transferred to the Street Maintenance Fund. Section 7. Funding Level from General Fund for Street Capital Improvement Projects. In order to develop a long-term funding mechanism for capital improvements related to streets, implement the following: 1. For 3 years beginning in Fiscal Year 2014-2015, appropriate $1,000,000 each year from the uncommitted fund balance of the General Fund and transfer to the Street Capital Fund. 2. Beginning in Fiscal Year 2015-2016, appropriate and transfer 5% of industrial district revenue to the Street Capital Fund. 3. In Fiscal Year 2020-2021, transfer 1/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Street Capital Fund. 4. In Fiscal Year 2021-2022, transfer 2/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Street Capital Fund. 5. In Fiscal Year 2022-2023 and thereafter, transfer 1% of the General Fund revenue less grants and industrial district revenue to the Street Capital Fund. 5 Section 8. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 9. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service, and special revenue funds of the City. Section 10. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of annual budget will include model for years two and three, with specific revenue and expenditure assumptions. Section 11. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. Section 12. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section 13. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 14. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section 15. Capital Improvement Plans/Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement 6 plans. For the three-year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short-term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay-as-you-go capital funding where possible. Section 16. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." Section 17. Zero Based Budgeting type of process. To prepare the City's operating budget, the City shall utilize a Zero Based Budgeting type of process. The staff shall be accountable for utilizing a Zero Based Budgeting type of process comprehensively for all department budgets. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 7 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott RESOLUTION AMENDING FINANCIAL Uilll " " IR POLICIES ADOPTED BY RESOLUTION 029926 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life"; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; reaffirmed the Financial Policy in May 2005 by Resolution 026265; reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; amended the policy in July 2011 by Resolution 029128; amended the policy in May 2012 by Resolution 029521; ar-�(J amended the policy in May 2013 by Resolution 029826-; ain---arnein�j, 4_ 0298 48. WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 2 The Financial IB-UdIlg_ Ey Policies adopted by Resolution 04219, 926 029848 are amended to read as follows, Section 1. Development / Effective Date of Financial IB-udi4eta-iy Policy. This Financial JB d 't ry Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. This Financial IB-u dlIg_ EY Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial I142ek iry Policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues Equal / Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. Committed General Fund Balance / Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund committed fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund committed fund balance which totals at least ten (10%) percent and up to 25% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least 10% up to 25% of total annual General Fund appropriations will be Committed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this twenty-five (25%) percent policy at least annually as part of the budget process. Uncommitted fund balance in excess of the ten percent policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the committed funds. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters 3 or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of at least three percent (3%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. This subsection only applies to the MIS Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; and Maintenance Services Internal Service Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each of the Enterprise Funds of at least twenty-five percent of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations. This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. 4 Section 5. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 6. Funding Level from General Fund for Street �Operations liin°t in Inc TM. City Council approved Resolution #029634 on September 18, 2012 to declare its intent to establish a street user fee for implementation in Fiscal Year 2013-2014. Section 4 of this resolution expressed an intent to preserve the funding level of the Street Department at the percentage of the Street Fund's budget in Fiscal Year 2012-2013 relative to the General Fund. Excluding a decrease in General Fund revenues, the percentage of the Street Fund's budget relative to the General Fund will neither go below that of Fiscal Year 2012-2013 nor go below the dollar equivalent if General Fund revenues increase. That funding level equates to gg,E.Its fir(µ)m the ainrrr a' ad(,.)��L $10,818,730, whichever Is r IreatawIr lw rr liIr�Ir�liIr�� l � I::liscaII Year 2015-2016 the iuIrldliIr'rr __ ________�~ w_______________________________________________j____________________� level will be 6% (,.-,)f G "Ir eral I':''ulr"rd Ir "v "Ir" ue III"nisi gIr" r"rLs gr" IIr"rdus"t'Ir"Vaal district Ir "v "Ir" ue (:)Ir 10,818,730, whichever Its r Ireatelr Add IIH(,.-)r4III b i Fiscal Year° 015- 016 �:% (,.-,)f IIr"rdus"t'Ir`Iaal district r veinue will be traIrs"i r r n � ��:� �� n Street �IIr"teina I ce Fuindr Section " . h` In liln� General IIh'uindfor Street C li°t II IIIIu jpit l..Jiirn � c°t II Ir i �:�Ir° Ir° t�:r r r 11(: .� II�:�Ir r� Ir°r i r Ir� li lr�� r Ih Ir�li ,r i�:r lr° .�li� II lire .�Ir°�:r r r Ir�t ____ ________________________________ ___________ w_____________________ __________________________________ ____________I ____________________ r° rll � r ��:� ,�Ir° r rt , Ir Il m "!r � t1 µIH .Whir� I r Es, Ike rr li lr'r lr'r li lr'rr i lr'r I::Ij sca ll Year 014 aQ�I:� �� .j[.r lr°�:r�.j lr°li a ter $1,000 000 y r lh r Ir .[l ,.Ii lh e gIr'rg:nnrn-1-tt rd fuind Ibala-ince (:).f the Gein rlra-I E'uir'rd ain-d Iwoerr liIrrIrrliIrrr r I::liscaII Year 2015-201 La r .2 Ciate a d traIrsfer �% (,.-,)f�, - ji-taI_1:_-I�'��-_- 3 lrr I::Ij�,cal Year 2020-2021,, tr°ainsfer° �I/3 (,:)i (:rlrr r .jt,,L rrI 2, the General I:uind Ir'r"�' i Ir"�G IIIr"�G rN i"�'Ir"Ia G I i"�'Ir"I �' Ir` "�+` "Irnje "�'z) the S-treet C��,.�I"�'� _____ ! I_ ________________________________________ ______ __ ._I._._._._._ 1�'u in d 4. lrr Fiscal Year 2021-2022,, tr°ainsfer° /3 (,:)i Grit r .jt,,L rrI 2, the General I:uind Ir'r"�' i Ir"�G IIIr"�G rN i"�'Ir"Ia G I i"�'Ir"I �' Ir` "�+` "Irnje "�'z) the S-treet C��,.�I"�'� _____ ________________________________________ ______ __ ._I._._._._._ 1�'u in d 5r IIr'r Fiscal Year 2022-2023 �ind th eirea.f.t wlr° tMIrrsi rlr° 1% f the G rlrr rlr°aII I:uIrrd revel" ue III"iii �' Ir" Ir'r"�' i Ir"�G IIIr"�G rN i"�'Ir"Ia G I i lr"I �' Ir" n nlr"�rN n "�'�:� "�'h n "�'Ir" n n� C".. ___. .w _ __ ____ _____ ____ I tI___..__ ` ` _"____..____ "__� "_"___ a III 1�'u in d 5 Section --8. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 5 9. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service, and special revenue funds of the City. Section 9 '10. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of annual budget will include model for years two and three, with specific revenue and expenditure assumptions. Section '10 11. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. Section '1w'1212. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section . 2. '13. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 'k '14. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section '14 '15. Capital Improvement Plans/Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the 6 annual capital budget process, the City shall update its short and long range capital improvement plans. For the three-year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short-term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay-as-you-go capital funding where possible. Section V '16. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." Section '16 17. Based Budgeting type of process. To prepare the City's operating budget, the City shall utilize a Zero Based Budgeting type of process. The staff shall be accountable for utilizing a Zero Based Budgeting type of process comprehensively for all department budgets. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 7 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 US AGENDA MEMORANDUM xg City Council Meeting of 08/19/2014 DATE: August 13, 2014 TO: Ronald L. Olson, City Manager FROM: Wesley S. Pierson, Assistant City Manager WesP @cctexas.com (361) 826-3082 Proposed FY2015 Budget Presentations for General Fund and Internal Service Funds STAFF PRESENTER(S): Name Title/Position Department 1. Wesley S. Pierson Assistant City Manager General Government & Operations Support 2. Eddie Houlihan Assistant Director Office of Management & Budget 3. BACKGROUND : The Office of Management & Budget submits and reviews the Proposed Budget with the City Council prior to adoption in late September. LIST OF SUPPORTING DOCUMENTS: PDF- General Fund Summary PDF- Internal Service Funds Summary ________________________________________________________ ................w.................................. .. u rA'd���lti M'a u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u o u u u A u u u u W �� »v I 4� t4M. sssssss v� �w w w 111;;[[[[[[[[[[ [[[[ ,,,, ,','•••' Muo wtiwtiu • T r—♦ 4-j ......:... o a O .................................. W0 b�A O o .......:::::: cu M-- C� C III �,� � • Q� � V / / cy� LO / u ..rr... s..rFi sssssss v O T • --4 c� ............................ ' 0 rMM4 O cU . cu Mz MZ r-.4 r..4 4-j 4� O 4� c� O O 4 mi cn cyn) .� •1� . Hz w .................................... 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