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Agenda Packet City Council - 04/28/2015
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, April 28, 2015 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Scott McDonald, Corpus Christi Community Church. C. Pledge of Allegiance to the Flag of the United States to be led by Police Chief, Floyd Simpson. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-0414 Proclamation declaring April 21, 2015, "MADD Power of Parents Talk Day" Proclamation declaring May 1, 2015, "Generation Texas Signing Day" Proclamation declaring May 1, 2015, "Cinco De Mayo Celebration Day" Proclamation declaring May 8, 2015, "Corpus Christi Technology Olympics Day" Proclamation declaring May 9, 2015, "Corpus Christi Lemonade Day" Proclamation declaring May 11, 2015, "National Peace Officers' Memorial Day" and May 11-17, 2015, "National Police Officers' Week" Corpus Christi Page 1 Printed on 4/27/2015 City Council Meeting Agenda - Final April 28, 2015 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. 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 officer. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 2. 15-0417 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations, the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association and/or Corpus Christi Police Officers' Association, with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. I. MINUTES: Corpus Christi Page 2 Printed on 4/27/2015 City Council Meeting Agenda - Final April 28, 2015 3. 15-0415 Regular Meeting of April 21, 2015 Attachments: Minutes - April 21, 2015 J. BOARD & COMMITTEE APPOINTMENTS: 4. 15-0413 Advisory Committee on Community Pride Coastal Bend Council of Governments Transportation Advisory Commission Water Resources Advisory Committee Attachments: Board Appointments - April 28, 2015 K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 5 - 16) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 5. 15-0325 Purchase and Installation of Casework, Lab Benches, Cabinetry, and a Chemical Hood Motion approving the purchase and installation of the casework, lab benches, cabinetry, and the chemical hood necessary to renovate three (3) laboratory rooms at the Water Utilities Laboratory from VWR International, LLC, Irving, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $72,820.63. Funds have been budgeted by the Utilities Department in FY 2014- 2015. Attachments: Agenda Memo - Laboratory Casework Price Sheet - Laboratory Casework.pdf 6. 15-0319 Approving Amendment No. 1 to Professional Services Contract for Signal Improvements and Street Lighting Project (Bond 2012) Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Contract for Professional Services with Corpus Christi Page 3 Printed on 4/27/2015 City Council Meeting Agenda - Final April 28, 2015 Maldonado -Burkett Intelligent Transportation Systems, LLP of Austin, Texas in the amount of $30,321.74 for a re -stated fee not to exceed $79,833.85 for the Signal Improvements and Street Lighting BOND 2012 project. Attachments: Agenda Memo - Signal Improvement and Street Lighting BOND 2012 Project Budget - Signal Improvements Contract - Signal Improvements Location Map - Signal Improvements Presentation - Signal Improvements 7. 15-0332 Engineering Construction Contract and Design Contract Amendment No. 1 Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements Motion authorizing the City Manager, or designee, to execute a construction contract with Grace Paving and Construction, Inc. of Corpus Christi, Texas in the amount of $1,880,404.50 for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements and to execute Amendment No. 1 to a Contract for Professional Services with Engineering & Construction Management Services, LLC (ECMS, LLC) in the amount of $97,440.00 for a restated fee of $114,940.00 for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements. Attachments: Agenda Memo - IDIQ Minor Street Pavement Improvements Protect Budget - IDIQ MINOR STREET PAVEMENT IMPROVEMENTS Location Map - IDIQ Minor Street Impr Contract - IDIQ Minor Street Pavement Improvements Presentation - IDIQ Minor Street Pavement 8. 15-0297 Interlocal Agreement with the Port of Corpus Christi for Sam Rankin Street from Port Avenue to West Broadway Street Motion authorizing the City Manager or designee to execute an Interlocal Agreement with the Port of Corpus Christi Authority of Nueces County, Texas (PCCA) for improvements to Sam Rankin Street from Port Avenue to West Broadway Street. Attachments: Agenda Memo - Sam Rankin Street Interlocal Agreement - Executed by POCC 03 19 2015 Location Map - Sam Rankin Street 9. 15-0321 Interlocal Agreement with Texas A&M University Kingsville for a decision support modeling system for modeling the water resources around Choke Canyon Reservoir Region Resolution authorizing the City Manager or designee to execute an Corpus Christi Page 4 Printed on 4/27/2015 City Council Meeting Agenda - Final April 28, 2015 Interlocal Agreement with Texas A&M University Kingsville in the amount of $59,697 for a decision support modeling system for modeling the water resources around the Choke Canyon Reservoir Region of the Nueces River Basin. Attachments: Agenda Memo - TAMUK.pdf Resolution - TAMUK.pdf Protect Budget - TAMUK.pdf Location Map -TAMUK.pdf Interlocal Agreement - TAMUK.pdf Presentation - TAMUK.pdf 10. 15-0327 Interlocal agreement with Tuloso-Midway Independent School District for public infrastructure Resolution authorizing the City Manager or designee to execute all documents necessary to resolve the future funding of streets on the City's Street Master Plan by Tuloso-Midway Independent School District by Interlocal Agreement in relation to a subdivision plat for a new Agricultural Building. Attachments: Agenda Memo - Interlocal Agmt final Resolution with Attachments - for Tuloso-Midway ISD ag building plat resolution Location Map - Interlocal Agmt TMISD 11. 15-0348 Second Reading Ordinance - Accepting a donation from the Port of Corpus Christi Authority for training firefighters in marine firefighting (1st Reading 4/21/15) Ordinance authorizing the City Manager or designee to accept a donation from the Port of Corpus Christi Port Authority for $20,000.00 to be used to train firefighters in marina firefighting from the landside; and appropriating $20,000.00 from the Port of Corpus Christi Authority into the Fire Grant Fund No. 1062. Attachments: Agenda Memo - Port of CC grant Ordinance - Port of CC Grant 2015 12. 15-0127 Second Reading Ordinance - Amending City Code regarding park and beach vendors (1st Reading 4/21/14) Ordinance amending Chapter 38 of the City Code of Ordinances regarding park and beach vendors. Attachments: Agenda Memo - Vendor permit ordinance amendment Ordinance - Amend Chapter 38 Park and Beach Vendor 13. 15-0267 Second Reading Ordinance - Lease Agreement renewal for Ben Garza Field and Clara Driscoll Field (1st Reading /21/14) Corpus Christi Page 5 Printed on 4/27/2015 City Council Meeting Agenda - Final April 28, 2015 Ordinance authorizing the City Manager, or his designee, to execute five-year lease agreement with Corpus Christi Police Athletic League for the use of Ben Garza field located at 1815 Howard, including sublease of Driscoll Field located at 4235 Baldwin, for baseball program. Attachments: Agenda memo - CC PALS 2015 Ordinance - Lease Agreement with CC PAL Signed Lease Agreement - Police Athletic League 14. 15-0323 Second Reading Ordinance - Approving the sale of a narrow strip of land for a future street right-of-way (1st Reading 4/21/14) Ordinance approving the sale of a narrow strip of land -- 0.169 acres out of the City's 4.39 acre tract to MPM Development, LP (Developer) for the amount of $7,600.00, for the use in constructing future street right-of-way necessary for Developer's proposed Bordeaux Place Unit 4 Subdivision development and associated plat; and authorizing the City Manager or designee to execute a Real Estate Sales Contract, Special Warranty Deed, and all closing documents necessary for the sale and conveyance. Attachments: Agenda Memo - Sale of .169 acre City land Ordinance - Sale of .169 acre City land.pdf Location Map - Sale of .169 acre City land.pdf Bordeaux Plat - Sale of .169 acre City land.pdf Real Estate Sales Contract - Sale of .169 acre City land.pdf 15. 15-0254 Second Reading Ordinance - Approving a Real Estate Sales Contract for the Citizen's Collection Center for Flour Bluff/Padre Island (1st Reading 4/21/14) Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 by transferring $78,000.00 from Fund 3365 Sanitary Landfill 2008 Certificate of Obligation Project Reserves to Project #E12190 Citizens Collection Center - Flour Buff/Padre Island; increasing expenditures in the amount of $78,000.00; and authorizing the City Manager or designee to execute a Real Estate Sales Contract with Alamo Concrete Products Company in the amount of $275,000 plus $3,000 in estimated closing costs for a total expenditure of $278,000, for the purpose of acquiring a tract of land containing 5.320 acres located at the northeast corner of the intersection of Flour Bluff Drive and Division Road, to be used for the Citizens Collection Center - Flour Bluff/Padre Island Area Project #E12190. Corpus Christi Page 6 Printed on 4/27/2015 City Council Meeting Agenda - Final April 28, 2015 Attachments: Agenda Memo - Citizen's Collection Center Ordinance - Citizens Collection Center Real Estate Sales Contract - Citizen's Collection Center.pdf Prolect Budget - Citizens Collection Center Location Map - Citizen's Collection Center.pdf Presentation - Citizens Collection Center -2 16. 15-0202 Second Reading Ordinance - Amendment No. 1 to Lease for Real Property for U.S. Coast Guard Navigational Marker ACLL 7817 (1st Reading 4/21/14) Ordinance authorizing the City Manager or designee to execute Amendment No. 1 to the US Government Lease for Real Property for the US Coast Guard Aid to Navigation Marker ACLL 7817, amending Paragraph four (4) NOTICE section, of the current lease of real property to the U.S. Government in connection with a navigation marker mounted on the east wall of the South Texas Institute for the Arts building, an aid to navigation (ATON) structure known as the "Corpus Christi Channel Cut "B" West Range Front Light (ACLL 7817)"; and providing for publication. Attachments: Agenda Memo - Lease Amendment no. 1 Navigational Marker Location Map - Lease Amendment no.1- Navigational Marker Ordinance - Lease Amendment no. 1 Navigational Marker Lease Agreement - Amendment No. 1 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEMS 17 - 20) 17. 15-0378 First Reading Ordinance - Accepting and appropriating the Click It or Ticket Grant from the State of Texas, Department of Transportation (TXDOT) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $19,988.20 from the State of Texas, Department of Transportation for the FY2014 Click It Or Ticket program grant; and appropriating the $19,988.20 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo - CIOT 04.28.2015 Ordinance - Click it or Ticket 2015 Corpus Christi Page 7 Printed on 4/27/2015 City Council Meeting Agenda - Final April 28, 2015 18. 15-0363 First Reading Ordinance - Amendment No. 1 to lease agreement with United Airlines for three year extension Ordinance ratifying and authorizing the City Manager to execute a first amendment to the lease agreement with United Airlines to extend the term of the lease; providing for an effective date; providing for severance; and providing for publication. Attachments: Agenda Memo - Airline Extension Ordinance - United Airline First Amendment 2015 vFinal United Airlines - First Amendment to Lease Agreement.pdf Airline Lease Extension - Executive Summary.pdf 19. 15-0096 First Reading Ordinance - Type A Grant for Govind Development, LLC Located at 9359 IH 37 Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Govind Development, LLC ("Govind") to provide a grant of up to $908,000, for the creation and retention of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Govind Business Incentive Agreement for the creation and retention of jobs; and appropriating $908,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Govind; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing expenditures by $908,000. Attachments: Agenda Memo - Govind Ordinance with attachment- Type A (Govind) Type A Agreement - Govind Protect Service Agreement - Govind 20. 15-0277 First Reading Ordinance - Type A Grant for QSROnline.com, Inc. Located at 817 Ayers Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and QSROnline.com, Inc.("QSROnline") to provide a grant of up to $129,500, for the creation and retention of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the QSROnline Business Incentive Agreement for the creation and retention of jobs; and appropriating $129,500 from the unreserved fund balance in the No. 1140 Corpus Christi Page 8 Printed on 4/27/2015 City Council Meeting Agenda - Final April 28, 2015 Business/Job Development Fund for said business incentive grant from the Type A Corporation to QSRonline; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing expenditures by $129,500. Attachments: Agenda Memo - QSROnline Ordinance with attachment - Type A (QSROnline) Agreement - QSROnline Project Service Agreement - QSROnline P. FUTURE AGENDA ITEMS: (ITEMS 21 - 24) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 21. 15-0377 Approving the submission of a grant application for the Automobile Burglary and Theft Prevention Authority to continue the motor vehicle theft enforcement grant in the Police Department Resolution authorizing the City Manager or designee to submit a grant application in the amount of $822,504 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 15 with a City cash match of $457,926, in-kind match of $52,439, and program income match of $3,546 for a total project cost of $1,336,415 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda memo - ATPA grant application 04.28.2015 Resolution - ABTPA Grant 2015 2016 ATPA Grant budget 22. 15-0360 Interlocal Agreement with Del Mar College for training emergency medical service students Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement with Del Mar College for the training of emergency medical service students. Attachments: Agenda Memo - Interloacal Agreement Delmar Resolution - Interlocal Agreement Delmar Interlocal Agreement - Delmar 23. 15-0331 Engineering Contract Amendment No. 3 for Construction Material Testing for the Citywide Street Preventative Maintenance (SPMP) Program Year 2 Motion authorizing the City Manager, or designee, to execute Amendment No. 3 with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $75,306.00 for a restated fee of Corpus Christi Page 9 Printed on 4/27/2015 City Council Meeting Agenda - Final April 28, 2015 $181,250.00 for the Citywide Street Preventative Maintenance Program (SPMP) Year 2 project. Attachments: Agenda Memo - Citywide Street Prev Maint Program Year 2 Project Budget - Citywide Street Preventative Maintenance Program Year 2 wit Location Map - Citywide SPMP Contract - Citywide SPMP Presentation - Citywide Street Prev Maint Program Year 2 24. 15-0362 Approving submission of grant applications for Shanen Ditch Hike & Bike Trail Phase II Project and Dr. Hector P. Garcia Hike & Bike Trail Phase I Project Resolution approving submission of grant applications with Corpus Christi Metropolitan Planning for the Schanen Ditch Hike & Bike Trail - Phase II Project and Dr. Hector P. Garcia Hike & Bike Trail - Phase I Project. Attachments: Agenda Memo - MPO Grants for Hike and Bike Trails Resolution - MPO Grants for Hike and Bike Trails Location Map - MPO Grants for Hike and Bike HPG Park Location Map - MPO Grants for Hike and Bike Schanen Ditch Presentation - MPO TAP Grant Schanen and HP Garcia Q. BRIEFINGS: (ITEM 25) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 25. 15-0403 Water Rate - Calculations Attachments: Agenda Memo - Water Rate - Calculations Presentation - Water Rates - Calculations R. LEGISLATIVE UPDATE: This item is 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. S. ADJOURNMENT Corpus Christi Page 10 Printed on 4/27/2015 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, April 21, 2015 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 Deacon Jesse Hinojosa, Diocese of Corpus Christi. Deacon Jesse Hinojosa gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Paul Pierce, Assistant City Secretary. Assistant City Secretary Paul Pierce 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 verified that a quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 9 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations / Commendations 1. Proclamation declaring April 21, 2015, "Radiology Associates Day" Proclamation declaring April 19-25, 2015, "National Crime Victims' Rights Week" Proclamation declaring April 20-24, 2015, "Human Trafficking Awareness Week 2015" Proclamation declaring April 24-25, 2015, "Texas A&M Health Science Center Tropical and Infectious Diseases Impacting Texas Weekend" Proclamation declaring April 2015, "Corpus Christi Safe Digging Corpus Christi Page 1 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 Month" Certificate of Commendation Presented to Alfredo Segura of the City Parks and Recreation Department Check Presentation from AEP for Energy Efficiency Program, Phase 2 Rebate Mayor Martinez presented the proclamations. F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez called for comments from the public. Dr. Gloria Scott spoke regarding the disregard for low income residents in the Washington Coles and Hillcrest area. Dr. Scott requested that an item be placed on the next agenda to research the alleged plans for development of this area. Darryl Haas spoke regarding excavations within 5,000 feet of the City limits and questioned whether permits are required or can be waived for dirt pits in the City limits. Susie Luna Saldana expressed concern regarding additional fees for water and how increased fees impact residents. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. City Manager Ron Olson reported on the following topics: a. OTHER 1) Executive staff will make themselves available to the public from 10:00 a.m. to 11:00 a.m., prior to the City Council meeting on April 28, 2015, to allow individuals an opportunity to discuss City issues or make suggestions to improve the City. 2) The Emergency Operations Center (EOC) was activated last Friday and provided support to a number of events taking place that were affected by the storm. City Manager Olson recognized the functions performed by the EOC which included watching the weather, controlling the City's resources, and appropriately protecting the public's safety. 3) The rain has been beneficial to the City's water supply, with combined levels up to 36%. It is expected that the levels may be up to 38% once the rain filters into the lakes. 4) City Manager Olson reported on a recent scam impacting the City regarding individuals claiming to be the CEO of the City's water system and informing citizens that their accounts are delinquent in order to obtain personal information. City Manager Olson informed the public that the City does not handle business in this matter and always provides formal notification to residents. City Manager Olson invited the public to contact the Corpus Christi Police Department at 886-2600 if they suspect a scam is being attempted. I. MINUTES: 6. Regular Meeting of April 14, 2015 Corpus Christi Page 2 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 Mayor Martinez called for approval of the minutes. Council Member McIntyre made a motion to amend Item 36, second motion of direction, to read "to hold the next arterials and collectors reconstruction Bond Election in 2018 in the amount of approximately $110,000,000, seconded by Council Member Garza and passed unanimously. The minutes were passed as amended. J. BOARD & COMMITTEE APPOINTMENTS: (NONE) 7. 8. Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. Mayor Martinez called for comments from the public. Reverend Henry Williams and Errol Summerlin requested that Item 12 be pulled for individual consideration. There were no comments from the public. The consent agenda items were approved by one vote as follows: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Engineering Construction Contract for the Laguna Madre Wastewater Treatment Plant Head Works and Bar Screen Improvements Motion authorizing the City Manager or designee to execute a construction contract with Associated Construction Partners LTD of Boerne, Texas in the amount of $2,895,000 for the Laguna Madre Wastewater Treatment Plant Head Works and Bar Screen Improvements for the Base Bid. This Motion was passed on the Consent Agenda. Enactment No: M2015-037 Appointing Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation Motion appointing City Council Members Nelda Martinez, Rudy Garza, Chad Magill, Colleen McIntyre, Lillian Riojas, Brian Rosas, Lucy Rubio, Mark Scott and Carolyn Vaughn as board members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. This Motion was passed on the Consent Agenda. Enactment No: M2015-038 9. Second Reading Ordinance - Rezoning for a Special Permit for a Transitional Housing Facility at 1508 Leopard Street (1st Reading Corpus Christi Page 3 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 4/14/15) Case No. 0215-01 The Salvation Army: From the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit for a transitional housing facility. The property to be rezoned is described as Lots 1 thru 9, Block 2, West End Addition and portion of alley, between Antelope and Leopard Streets and between Mexico and Josephine Streets. Planning Commission and Staff Recommendation (March 11, 2015): Approval of the change of zoning from the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit for a transitional housing facility, subject to 11 conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by The Salvation Army ("Owner"), by changing the UDC Zoning Map in reference to Lots 1 thru 9, Block 2, West End Addition and portion of alley, from the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit for a transitional housing facility; 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: 030477 10. Second Reading Ordinance - Amending the Wastewater Collection System Master Plan (1st Reading 4/14/15) Ordinance amending the Wastewater Collection System Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by relocating approximately 17 acres of land from the Wooldridge II Lift Station 48 service area as identified in the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Area 1, to the Wooldridge Lift Station 61 service area as identified in the Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983; amending related elements of the City's Comprehensive Plan; providing for severance; and providing for publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030478 11. Second Reading Ordinance - Appropriating funds from back filing of E911 fees from Vonage (1st Reading 4/14/15) Corpus Christi Page 4 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 13. 14. 12. Ordinance appropriating $39,533.05 in General Fund No. 1020 from the back filing of E911 fees from Vonage; and changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 by increasing revenue and expenditures in the General Fund No. 1020 by $39,533.05 each. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030479 Second Reading Ordinance - Approving agreement and appropriating funds to reimburse developer for the construction of water arterial transmission and grid main line located south along Holly Road, east of Rodd Field Road and west of Paul Jones Avenue (1st Reading 4/14/15) Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, LP ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $49,980.11 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030480 Second Reading Ordinance - Closing a portion of a utility easement located north of the Saratoga Boulevard (SH 357) state right-of-way, and east of the Airline Road public street right-of-way (1st Reading 4/14/15) Ordinance abandoning and vacating a 3,066.16 -square foot portion of an existing 15 -foot wide utility easement out of a part of Lot 29, Tract N, Bass Subdivision, located north of the Saratoga Boulevard (SH 357) state right-of-way, and east of the Airline Road public street right-of-way; and requiring the owner, George V. Piperis, to comply with the specified conditions This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030481 Second Reading Ordinance - Adopting the Corpus Christi Maintenance Code (CCPMC) and approving licensing agreement with the International Code Council (1st Reading 4/14/15) Ordinance amending the Corpus Christi Code of Ordinances Chapter 13, Article II to repeal the adoption of the Southern Standards Housing Corpus Christi Page 5 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 Code, 1973 Edition and to adopt the Corpus Christi Property Maintenance Code; amending Chapter 13, Article II to extend the time to appeal Building Standard Board decisions and allow for the recoupment of title search expenses; amending Chapter 13, Article II, Division II to modify the definition and procedures for junk vehicles; amending §13-3002 to add the definition of hearing officer; repealing Chapter 13, Article IV in its entirety; repealing in its entirety Ordinance No. 12826 regarding fire breaks; authorizing the City Manager or his designee to execute a licensing agreement with the International Code Council for copyright use of the International Property Maintenance Code; providing for severance; providing for penalties; providing for publication; and providing for effective date. Mayor Martinez referred to Item 12. Police Chief Floyd Simpson stated that the purpose of this item is adopt the Corpus Christi Property Maintenance Code to bring the code up-to-date from the current 1973 Edition to the 2009 edition. Chief Simpson stated that staff decided to recommend adoption of the 2009 version to be in line with Development Services and the Fire Department. The goal is to update to the 2015 version in the next eighteen months. Mayor Martinez called for comments from the public. Lamont Taylor requested that the City Council not pass this item on second reading to allow Hillcrest residents and other City residents the opportunity to discuss the effects these changes will have on them. Errol Summerlin, member of the Citizens Alliance for Fairness and Progress, said it is the City's responsibility and obligation to ensure that the impact of laws are clearly understood. Mr. Summerlin requested that Item 12 be voted down on second reading to allow the Alliance to meet with the Police Chief to express concerns regarding raising the minimum standards for the older homes in the Hillcrest area and clarifying the provisions to address citations in the technical codes. Dr. Gloria Scott commented that code enforcement is not being enforced throughout the community and expressed concern that older homes in the Hillcrest area that are not in compliance will be torn down. Dr. Scott encouraged the City Council to vote it down. Daniel Pena asked how the Property Maintenance Code would be enforced and expressed the need for more police presence in the Hillcrest area. Reverend Henry Williams requested the opportunity to schedule a meeting with Chief Simpson, Captain David Blackmon and neighborhood residents to get a better understanding of the changes. Chief Simpson said he would schedule meetings across the City to provide information and receive comments from the public. Council members spoke regarding the following topics: the need to update the current code; Section 108, the process for deeming unsafe, unfit structures and equipment; recommending a public hearing/workshop to inform stakeholders of the changes affecting their property; consideration to table the item; and concerns with a "pass -then -educate" process instead communicatingwith the public prior to passage. Council Member Vaughn made a motion to table Item 12, seconded by Council Member Rubio and passed unanimously. This Ordinance was tabled. M. PUBLIC HEARINGS: (NONE) H. EXECUTIVE SESSION: (ITEMS 2 - 5) Mayor Martinez referred to the day's executive sessions. The Council went into Corpus Christi Page 6 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 2. 3. 4. 5. executive session. Executive Session pursuant to Section 551.074, Texas Government Code, to consider the evaluation of performance and employment of the City Secretary, with possible action and discussion in open session. Mayor Martinez referred to Item 2 and stated that the following motion was discussed in executive session: Motion to increase the base salary of the City Secretary by 1% to be effective January 6, 2015, further subject to further service of the City Secretary pursuant hereto. Council Member Scott made a motion to approve the motion, seconded by Council Member Rosas and passed unanimously. Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2015-035 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations, the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters Association and/or Corpus Christi Police Officers' Association, with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. This E -Session Item was discussed in executive session. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning status and potential settlement of litigation, including City of Corpus Christi v. MPM Homes, Inc., with additional discussion and possible action in open session concerning any matters related thereto. This E -Session Item was discussed in executive session. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning status and potential settlement of claims, including claims from AT&T and Fiber Light, LLC regarding damage to buried cables, with additional discussion and possible action in open session concerning any matters related thereto. Mayor Martinez referred to Item 5 and stated that the following motion was Corpus Christi Page 7 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 discussed in executive session: Motion to authorize the City Manager to execute all documents necessary to settle claims from AT&T and Fiber Light, LLC regarding damage to buried cables on or about February 20, 2014, in a total amount not to exceed $100,000, which is hereby intended to divide the maximum statutory amount for which a City may be liable for property damage between the claimants for property damage. Council Member McIntyre made a motion to approve the motion, seconded by Council Member Riojas and passed unanimously. Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2015-036 N. REGULAR AGENDA: (ITEMS 15 - 21) 15. Direction regarding 2012 Bond Projects Resolution directing staff to proceed with bidding remaining Bond 2012 Projects; and providing direction on specific projects. Mayor Martinez referred to Item 15. Program Manager Jerry Shoemaker stated that the purpose of this item is to provide direction on specific Bond 2012 projects. Council members spoke regarding the following topics: improvements to the existing crosswalk at Kostoryz Road and Texan Trail; the review process for the proposed median on Holly Road; and clarification that Kostoryz Road will not have bike lanes. There were no comments from the public. Council Member Rubio made a motion to approve the resolution, seconded by Council Member Scott. This Resolution was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030482 16. Authorizing Agreement for All Risk Property Insurance Coverage Motion authorizing the City Manager to execute a one-year agreement, with Borden Insurance and McGriff, Seibels & Williams of Texas, Inc., for the purchase of all risk property insurance coverages totaling $2,752,388 of which $1,131,117.95 is required for the remainder of FY2014-2015. Funds have been budgeted by the Legal Department in FY2014-2015. Corpus Christi Page 8 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 Mayor Martinez referred to item 16. Interim Procurement Manager Gabriel Maldonado stated that the purpose of this item is to execute a one-year agreement with Borden Insurance and McGriff, Seibels & Williams of Texas, Inc. for the purchase of all risk property insurance coverages totaling $2,752,388. There were no comments from the public. Council members spoke regarding the following topics: the renewal date; the reason the City only received one bid; the type of advertising for the Request for Proposal (RFP); the custom that wholesale brokers have exclusive agreements to operate with one insurance broker; establishing the broker of record; how to encourage more insurance companies to participate in the bidding process; the depth of the pool of insurance brokers; providing opportunities for local providers; and the percentage the broker will be paid. Michael Swantner, Borden Insurance, spoke about how selecting a broker of record will eliminate competition and addressed questions regarding the shallow market of agents. Council Member Riojas made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2015-039 17. Approving Real Estate Contract for Elevated Water Storage Tank Site located at Rand Morgan and Leopard Street Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with Marjak, Inc. in the amount of $188,000 plus $2,500 in estimated closing costs for a total expenditure of $190,500, for the purpose of acquiring a tract of land containing 1.76 acres of land located at the southeast corner of the intersection of Leopard Street and Rand Morgan Road, to be used for the construction of an elevated water storage tank in connection with the CC Elevated Storage Tanks - Citywide Project #E12210, Capital Improvement project. Mayor Martinez referred to Item 17. Executive Director of Utilities Mark Van Vleck stated that the purpose of this item is to approve the purchase of the site for one of the elevated storage tanks. Mr. Van Vleck presented the following information: the Texas Commission on Environment Quality's requirement for alternate capacity; the location of the water storage tanks; the potential land sites; the land acquisition for the Rand Morgan site; the site plan; the future land use plan; and reasons supporting this location. Council members spoke regarding the following topics: consideration to allow Tuloso-Midway Independent School District to have their logo painted on the water tower; whether there are restrictions on what is allowable on the tanks; development of a policy regarding logos and ongoing maintenance; and what other cities have in place for water tower logos. There were no comments from the public. Council Member Vaughn made a motion to enter into an agreement between the City of Corpus Christi and Tuloso-Midway Independent School District to Corpus Christi Page 9 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 18. 19. paint the district's logo on the water tower and require Tuloso-Midway Independent School District to be responsible for the maintenance, seconded by Council Member Magill and passed unanimously. Mayor Martinez offered a motion to direct the City Manager to develop a policy prior to any agreements with third parties regarding painting on water towers, seconded by Council Member Vaughn and passed unanimously. Council Member Garza made a motion to approve the motion as amended, seconded by Council Member Vaughn. This Motion was passed as amended and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: M2015-040 Second Reading Ordinance - Closing a portion of an undeveloped and unsurfaced 20 -foot wide public right-of-way, located south of and adjacent to Williams Drive and north of Holly Road (1st Reading 4/14/15) Ordinance abandoning and vacating an undeveloped and unsurfaced 11,420 -square foot portion (0.262 acres) of a 20 -foot wide public right-of-way, out of Lot 1, Block 1, Oso River Estates Unit 2, and requiring the owners, Breckenridge Group Corpus Christi Phase II, LP., to comply with specified conditions. Mayor Martinez referred to Item 18. Julio Dimas with Development Services stated that during the last City Council meeting, Council Member Rubio asked a question regarding the language in the ordinance pertaining to the time requirements for the closures. Mr. Dimas stated that there is no timing requirement for this item and the ordinance has been revised to remove this language. Mr. Dimas stated the the caption was also revised to be consistent with the ordinance. There were no comments from the public. Council Member Garza made a motion to approve the ordinance as amended, seconded by Council Member McIntyre and passed unanimously. The Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030483 Second Reading Ordinance - Closing a portion of a public right-of-way, located south of Williams Drive and north of Holly Road (1st Reading 4/14/15) Corpus Christi Page 10 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 Ordinance abandoning and vacating an undeveloped and unsurfaced 39,530 -square foot portion (0.91 acres) of a 20 -foot wide public right-of-way, out of Lots 23-24, Section 28, Flour Bluff & Encinal Farm & Garden Tracts and requiring the owners, Gladys Mattie Smith Marital Trust, Patricia Ray Peterson Nuss, and Christy Ann Peterson Brown, to comply with specified conditions. Mayor Martinez referred to item 19. Julio Dimas with Development Services said this ordinance has been amended prior to second reading by removing the timing requirement and revising the caption. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance as amended, seconded by Council Member Rubio and passed unanimously. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030484 20. Second Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for Wedgewood Terrace Unit 3 located north of Yorktown Drive and West of Flour Bluff Drive, in the southwest portion of Flour Bluff (1st Reading 4/14/15) Ordinance exempting Wedgewood Terrace Unit 3 from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Mayor Martinez referred to item 20. Julio Dimas with Development Services stated that this item was presented at the last City Council meeting and has been amended to remove the publication requirement section in the ordinance. There were no comments from the public. Council Member McIntyre made a motion to approve as amended, seconded by Council Member Rubio and passed unanimously. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030485 21. Second Reading Ordinance - Amending City Code regarding disbanding the Cable Communications Commission (1st Reading 4/14/15) Corpus Christi Page 11 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 Ordinance amending the Code of ordinances, City of Corpus Christi, Chapter 2 and Chapter 55 regarding disbanding of the Cable Communications Commission Mayor Martinez referred to item 21. Director of Communications Kim Womack stated that the purpose of this item is to disband the Cable Communications Commission and move administrative functions to the Communications Department. The ordinance has been amended to reflect the amendment from last week's Council meeting and the additional red -line version was provided to delineate all of the changes in the ordinance. There were no comments from the public. Council Member McIntyre made a motion to approve the ordinance as amended, seconded by Council Member Scott and passed unanimously. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030486 O. FIRST READING ORDINANCES: (ITEMS 22 - 27) 22. First Reading Ordinance - Accepting a donation from the Port of Corpus Christi Authority for training firefighters in marine firefighting from the Iandside Ordinance authorizing the City Manager or designee to accept a donation from the Port of Corpus Christi Port Authority for $20,000.00 to be used to train firefighters in marina firefighting from the Iandside; and appropriating $20,000.00 from the Port of Corpus Christi Authority into the Fire Grant Fund No. 1062. Mayor Martinez referred to Item 22. Fire Chief Robert Rocha stated that the purpose of this item is to accept a donation from the Port of Corpus Christi in order to conduct shipboard firefighting. There were no comments from the public. In response to Council Member Riojas, Chief Rocha stated that these funds were solicited by the Fire Department. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Scott Absent: 1 - Council Member Vaughn Abstained: 0 23. First Reading Ordinance - Amending City Code regarding park and beach vendors Corpus Christi Page 12 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 Ordinance amending Chapter 38 of the City Code of Ordinances regarding park and beach vendors. Mayor Martinez referred to Item 23. Acting Director of the Parks and Recreation Department Stacie Talbert Anaya stated that the purpose of this item is to amend Chapter 38, City Code of Ordinances, regarding park and beach vendors to strike the words "on a first come, first served basis" from the ordinance. In order to streamline the special events process, the Parks and Recreation Department will have an on-line application for vendors and will accept applications two times per year and award permits for an entire season. Council members spoke regarding the following topics: the process to determine when to add more vendors sites to specific parks and events; whether vendors are determined at specific areas by product type or the number of slots in the area; providing the City Council with a report on the number of vendor slots in park and beach areas and the permit application; the reason that permits will be issues for six months rather than one year; and addressing the supply and demand of the various park and beach areas. There were no comments from the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 24. First Reading Ordinance - Lease Agreement renewal for Ben Garza Field and Clara Driscoll Field Ordinance authorizing the City Manager, or his designee, to execute five-year lease agreement with Corpus Christi Police Athletic League for the use of Ben Garza field located at 1815 Howard, including sublease of Driscoll Field located at 4235 Baldwin, for baseball program. Mayor Martinez referred to Item 24. Acting Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to renew the lease agreement with the Corpus Christi Police Athletic League for the use of Ben Garza field and sublease of Clara Driscoll Field. There were no comments from the Council or the public. Council Member Scott made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 25. First Reading Ordinance - Approving the sale of a narrow strip of land for a future street right-of-way Corpus Christi Page 13 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 Ordinance approving the sale of a narrow strip of land -- 0.169 acres out of the City's 4.39 acre tract to MPM Development, LP (Developer) for the amount of $7,600.00, for the use in constructing future street right-of-way necessary for Developer's proposed Bordeaux Place Unit 4 Subdivision development and associated plat; and authorizing the City Manager or designee to execute a Real Estate Sales Contract, Special Warranty Deed, and all closing documents necessary for the sale and conveyance. Mayor Martinez referred to Item 25. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to approve the sale of a .169 acres tract of City land to MPM Development, LP for the use in constructing the street right-of-way for their proposed subdivision plat. The property is located next to a park and is needed in order to construct the Brockhampton Street extension which is required by the Master Plan. Mayor Martinez called for comments from the public. Mossa "Moses" Mostaghasi, developer, asked why the City is requiring him to purchase land from the City that he has to give back for a right-of-way and a street master plan that the City never intends to use. Ms. Gray explained that the City property was purchased with parkland funds and was never formally adopted as City parkland. The City cannot gift the property to a developer to use for a right-of-way. There were no comments from the Council. Council Member Riojas made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 0 26. First Reading Ordinance - Approving a Real Estate Sales Contract for the Citizen's Collection Center for Flour Bluff/Padre Island Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 by transferring $78,000.00 from Fund 3365 Sanitary Landfill 2008 Certificate of Obligation Project Reserves to Project #E12190 Citizens Collection Center - Flour Buff/Padre Island; increasing expenditures in the amount of $78,000.00; and authorizing the City Manager or designee to execute a Real Estate Sales Contract with Alamo Concrete Products Company in the amount of $275,000 plus $3,000 in estimated closing costs for a total expenditure of $278,000, for the purpose of acquiring a tract of land containing 5.320 acres located at the northeast corner of the intersection of Flour Bluff Drive and Division Road, to be used for the Citizens Collection Center - Flour Bluff/Padre Island Area Project #E12190. Mayor Martinez referred to Item 26. City Secretary Huerta announced that Council Member Scott would be abstaining from this item. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute Corpus Christi Page 14 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 a Real Estate Sales Contract with Alamo Concrete Products Company to acquire a 5.320 acre tract of land located at the northeast corner of the intersection of Flour Bluff Drive and Division Road to be used for the Citizens Collection Center - Flour Bluff/Padre Island Area Project. Ms. Gray said this project will provided needed services to the residents of Padre Island and Flour Bluff and will result in a new Citizen's Collection Center for drop-off of solid waste and various other items. Ms. Gray provided a location map, project schedule, and picture of a sample facility. Council Member McIntyre made a motion to approve Item 26, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 1 - Council Member Scott 27. First Reading Ordinance - Amendment No. 1 to Lease for Real Property for U.S. Coast Guard Navigational Marker ACLL 7817 Ordinance authorizing the City Manager or designee to execute Amendment No. 1 to the US Government Lease for Real Property for the US Coast Guard Aid to Navigation Marker ACLL 7817, amending Paragraph four (4) NOTICE section, of the current lease of real property to the U.S. Government in connection with a navigation marker mounted on the east wall of the South Texas Institute for the Arts building, an aid to navigation (ATON) structure known as the "Corpus Christi Channel Cut "B" West Range Front Light (ACLL 7817)"; and providing for publication. Mayor Martinez referred to Item 27. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute Amendment No. 1 to the U.S. Government Lease for U.S. Coast Guard Aid to Navigation Marker mounted on the east side of the South Texas Institute of the Arts building. The amendment authorizes the Coast Guard and the City to terminate the lease, without cause or reason, by giving each party thirty days notice in writing. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 0 P. RECESS COUNCIL MEETING Mayor Martinez recessed the regular Council meetings to hold the corporation meetings of the Coastal Bend Health Facilities Development Corporation and Corpus Christi Page 15 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 the Coastal Bend Cultural Education Facilities Finance Corporation. CORPORATION MEETINGS: (ITEMS 28 - 29) 28. Corporation Meeting of the Coastal Bend Health Facilities Development Corporation Annual Meeting of the Coastal Bend Health Facilities Development Corporation This Corporation Meeting was held. 29. Corporation Meeting of the Coastal Bend Cultural Education Facilities Finance Corporation Annual Board Meeting of the Coastal Bend Cultural Education Facilities Finance Corporation This Corporation Meeting was held. Q. RECONVENE COUNCIL MEETING Mayor Martinez reconvened the regular Council meeting. R. FUTURE AGENDA ITEMS: (ITEMS 30 - 35) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had a planned presentation on Item 32. 30. Purchase and Installation of Casework, Lab Benches, Cabinetry, and a Chemical Hood Motion approving the purchase and installation of the casework, lab benches, cabinetry, and the chemical hood necessary to renovate three (3) laboratory rooms at the Water Utilities Laboratory from VWR International, LLC, Irving, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $72,820.63. Funds have been budgeted by the Utilities Department in FY 2014- 2015. This Motion was recommended to the consent agenda. 31. Approving Amendment No. 1 to Professional Services Contract for Signal Improvements and Street Lighting Project (Bond 2012) Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Contract for Professional Services with Maldonado -Burkett Intelligent Transportation Systems, LLP of Austin, Texas in the amount of $30,321.74 for a re -stated fee not to exceed $79,833.85 for the Signal Improvements and Street Lighting BOND Corpus Christi Page 16 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 2012 project. This Motion was recommended to the consent agenda. 32. Engineering Construction Contract and Design Contract Amendment No. 1 Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements Motion authorizing the City Manager, or designee, to execute a construction contract with Grace Paving and Construction, Inc. of Corpus Christi, Texas in the amount of $1,880,404.50 for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements and to execute Amendment No. 1 to a Contract for Professional Services with Engineering & Construction Management Services, LLC (ECMS, LLC) in the amount of $97,440.00 for a restated fee of $114,940.00 for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements. This Motion was recommended to the consent agenda. 33. Interlocal Agreement with the Port of Corpus Christi for Sam Rankin Street from Port Avenue to West Broadway Street Motion authorizing the City Manager or designee to execute an Interlocal Agreement with the Port of Corpus Christi Authority of Nueces County, Texas (PCCA) for improvements to Sam Rankin Street from Port Avenue to West Broadway Street. This Motion was recommended to the consent agenda. 34. Interlocal Agreement with Texas A&M University Kingsville for a decision support modeling system for modeling the water resources around Choke Canyon Reservoir Region Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A&M University Kingsville in the amount of $59,697 for a decision support modeling system for modeling the water resources around the Choke Canyon Reservoir Region of the Nueces River Basin. This Resolution was recommended to the consent agenda. 35. Interlocal agreement with Tuloso-Midway Independent School District for public infrastructure Resolution authorizing the City Manager or designee to execute all documents necessary to resolve the future funding of streets on the City's Street Master Plan by Tuloso-Midway Independent School District by Interlocal Agreement in relation to a subdivision plat for a new Agricultural Building. Corpus Christi Page 17 Printed on 4/24/2015 City Council Meeting Minutes April 21, 2015 This Resolution was recommended to the consent agenda. S. BRIEFINGS: (ITEM 36) 36. Water Rate - Adjustments and Unit Costs Mayor Martinez referred Item 36. Executive Director of Utilities Mark Van Vleck an overview of the previous water presentations including: past and current rate projections; the discovery process; the rate review schedule; the calculation for unit cost; the water system components and customers of the system; and the utility bill breakdown. Mr. Van Vleck stated that the purpose of this item is to discuss water rate - adjustments, including Choke Canyon Reserve; raw water and treatment true -ups; water losses through the system; the minimum treatment water rates for inside city -limit (ICL) customers; non-operating revenue; one-time adjustments; debt coverage; and water supply development reserve. Mr. Van Vleck also presented slides for the upcoming presentation for raw water including: raw water inputs and unit cost for rate payer. Council members spoke regarding the following topics: the cost to deliver water versus what is being charged to inside city -limit customers and the percentage for large volume customers. T. LEGISLATIVE UPDATE: U. ADJOURNMENT None. Council Member McIntyre clarified that City Secretary Huerta received a 1% raise for the evaluation received during executive session today, in addition to the 2.5% step increase received on her anniversary date for a total of 3.5%. Council Member McIntyre recognized the outstanding job City Secretary Huerta is doing for the City. The meeting was adjourned at 6:34 p.m. Corpus Christi Page 18 Printed on 4/24/2015 a. ADVISORY COMMITTEE ON COMMUNITY PRIDE — One (1) vacancy with term to 8-25-16. (Appointed by the Mayor with approval of the City Council.) DUTIES: To advise the Mayor and City Council on development and implementation of a comprehensive community pride campaign that will interrelate with the efforts and purpose of the Clean City Advisory Committee. COMPOSITION: The committee shall consist of eleven (11) members appointed by the Mayor with approval of the City Council to serve two-year terms. Of the initial members, six (6) members shall serve a two-year term and five (5) members shall serve a one-year term, as determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be two (2) years. The Director of Public Information and the Director of Neighborhood Services shall serve as ex -officio without vote. MEMBERS Eric Newman Christina Hernandez Laurie Turner Bob Copes, Chair Mike Munoz Paul Gottemoller Brittney Richerson ***Marie T. Guajardo Lily Gonzalez Criselda Lujan Carrasco Bill Hoelscher Director of Public Information Director of Neighborhood Services TERM 8-25-16 8-25-15 8-25-15 8-25-15 8-25-16 8-25-16 8-25-15 8-25-16 8-25-16 8-25-15 8-25-15 Ex -Officio, Ex -Officio, Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation INDIVIDUALS EXPRESSING INTEREST Amanda Avila 6141 Choctaw Dr., 78415 ORIGINAL APPTD. DATE 9-30-14 6-28-11 2-11-14 6-19-12 8-12-14 8-14-12 5-27-14 9-30-14 5-27-14 8-12-14 8-27-13 Nonvoting Nonvoting Director of Marketing and Communications, Girl Scouts of Greater South Texas. Manager of Product Sales. Received a B.A. in Criminology from St. Mary's University in San Antonio. (2/20/15) Karla Dowden 7109 Crapemyrtle Dr., 78414 Sales/Marketing, ServPro. Attended Ivy Tech Community College — Public Relations in Lafayette, Indiana. Formerly board member with Habitat for Humanity, American Red Cross, and Tippecanoe County Apartment Association and member of Chamber of Commerce in Lafayette, Indiana. Community Activities include: Make a Wish Foundation, Muscular Dystrophy Association and Toys for Tots. (2/4/15) Denise Gallimore 3202 Laguna Shores Rd, 78418 Cynthia "Cindy" Hindman 4617 Newbury Ln., 78411 Property Manager and Sales Agent, Group One. Community Activities include: Corpus Christi Association of Realtors, and National Association of Residential Property Managers. (12/30/14) Nurse, Post Acute Medical Specialty Hospital. Attended Del Mar College. Received a BS in Nursing from Texas A&M University -Corpus Christi and a BSN from the University of Texas at Arlington. Community Activities include: Rodeo Committee Member of the Buccaneer Commission, Founder/Chair of "The Sweethearts of the Rodeo" for the Buc Days PRCA Pro Rodeo. (3/20/15) b. COASTAL BEND COUNCIL OF GOVERNMENTS - Nine (9) vacancies with terms to 4-30-17, with four (4) being elected officials. DUTIES: Shall prepare and recommend to participating local governments, urban metropolitan, and rural area plans, looking to the present and future needs of the Region. Such plans may include recommendations for land use, traffic circulation, major streets and highways, general location of public works, the development of major educational facilities, and related problems of development. COMPOSITION: City shall appoint nine (9) members for two -years (but terms shall be at the complete discretion of the City Council), at least four (4) being elected officials. MEMBERS TERM Mayor Nelda Martinez 4-30-15 **Council Member David Loeb 4-30-15 Council Member Colleen McIntyre 4-30-15 Council Member Mark Scott 4-30-15 Ron Olson, City Manager 4-30-15 Tom Tagliabue, Director, Intergovernmental Relations 4-30-15 Richie Quintero, Deputy Fire Chief 4-30-15 Gustavo Gonzalez, Assistant City Manager 4-30-15 Bill Hennings 4-30-15 ALTERNATES Rebecca Huerta, City Secretary Pat Eldridge, Corpus Christi Police Department Margie Rose, Assistant City Manager Lawrence Mikolajczyk, Director, Solid Waste Operations Legend **Seat vacated (No longer an elected official.) (City Manager Ron Olson is recommending reappointment of current Staff members, Alternates and Bill Hennings.) c. TRANSPORTATION ADVISORY COMMISSION — Three (3) vacancies with terms to 5-1-18. Designation of Bicycling Community Representative. DUTIES: To be responsible for providing a public forum for the discussion of proposed ordinances or actions relating to traffic operations and transportation planning matters; advise the City Council and City manager or designee on traffic regulations and Chapter 53 — TRAFFIC of the Corpus Christi Municipal Code; conduct any required public hearing for the purposes of obtaining federal and state financial assistance for proposed transportation improvement projects (the substance of any comments and review by the Transportation Advisory Commission will be summarized for City Council); independently review grant applications for transportation improvement projects; promote public knowledge of traffic enforcement and understanding of City transportation issues; promote public acceptance of transportation programs that are proposed or initiated by the City and provide advice on regional transportation issues; provide recommendations on mobility, access management, and traffic safety issues for the City's multi -modal transportation system, provide recommendations on transportation aspects of the City's Capital Improvements Program; monitor the implementation and evaluate the City's mobility related master plans; submit annual reports to the Planning Commission and City Council; independently review traffic safety reports for City streets and provide recommendations for traffic safety related improvements; research, develop, analyze, evaluate, and implement coordinated traffic safety and transportation programs which meet local needs; independently review the decision, orders, and warrants of the City Traffic Engineer concerning installation of traffic control devices, establishment of traffic regulations and hear citizen comments concerning these matters; act on access management issues in the City's Unified Development Code and make recommendations on traffic impact analysis as per Unified Development Code to Planning Commission and City Council. COMPOSITION: Nine (9) residents of the City appointed by the City Council for three- year terms. At least one (1) member shall be a representative of the bicycling community. The terms of three (3) members shall expire on May lst of each year. The Commission elects a Chairman and Vice -Chairman annually at the first regular meeting following the annual appointments in May. The City Manager or designee may recommend for appointment ex -officio members. The Commission is authorized to appoint as ex -officio members without voting privileges, any additional members. ORIGINAL MEMBERS TERM APPTD. DATE Edd Price 5-01-17 5-26-09 *****Sheila Cudd, Co -Chair 5-01-15 2-10-09 Robert M. Saldana 5-01-16 1-20-15 *Gretchen Arnold 5-01-15 5-08-12 Scott M. Harris, Chair 5-01-16 3-19-13 Dennis L. Miller, P.E., CFM 5-01-17 2-11-14 Christina Cisneros -Guzman 5-01-16 9-30-14 *Anthony Gavlik 5-01-15 9-30-14 Leo Rios 5-01-17 9-30-14 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Gretchen Arnold Anthony Gavlik NO. OF MEETINGS THIS TERM 11 6 NO. PRESENT 8 (2exc.) 5 OTHER INDIVIDUALS EXPRESSING INTEREST Elena J. Buentello 3033 Persimmon St., 78415 Sonia Castillo 7313 Pepper Ridge Rd., 78413 % OF ATTENDANCE LAST TERM YEAR 73% 83% Transportation Planner, Corpus Christi Metropolitan Planning Organization. Former City of Corpus Christi Employee. Received BS in Kinesiology. Graduate Work in Health Education. Credentialed with the American Institute of Certified Planners. Experience with City Transportation Planning and Engineering and Sustainability Mobility Planning Community Activities include: Local League of Women Voters, Parent Teacher Organization, Latinos and Planning, American Planning Association and Bay Area Smart Growth Initiative. (4/12/15) Coordinator, 3rd Coast Research Assoc., Received a Bachelor of Arts in Natural Science and a Master of Science in Environmental Science. Community Activity includes: Community Outreach Regarding Clinical Research Awareness. (8/18/14) John Garcia 317 Peoples St., Apt. 205, 78401 Director of Sales, Comfort Suites. Community Activities include: Corpus Christi Chamber of Commerce, Corpus Christi Hispanic Chamber, Hospitality Sales Marketing Association, Harbor Lights Festival, and Dress for Success. Formerly served on the Transportation Advisory Committee. (1/6/15) Thomas L. Knight 1202 Southbay Dr., 78412 Rosemary Knippa 422 Longview East, 78408 William Bryan Menard, Jr. 1508 6th St., 78404 Wilfredo Rivera, Jr. 610 Del Mar Blvd., 78404 Retired Business Owner/Teacher. Received BA in Public Administration, Education and Special Education. (9/26/14) Owner, Valdez Fleet Sales. Retired from Telephone Company. Formerly Served on ARB. Attended Del Mar College. (9/26/14) Purchasing Manager, Menard Electronics, Inc. Received BA in Political Science from Texas A&M University -Corpus Christi. (12/16/14) Project Engineer, Naismith Engineering, Inc. Vice - President of Naismith Engineering. Received BS in Civil Engineering. Graduate of Leadership Corpus Christi. Twenty -Five years of Civil Engineering Experience including Transportation System Designs. Formerly served on the Watershore and Beach Advisory Committee and the Mayor's Task Force on the Memorial Coliseum. (4/10/15) Mark R. Steck 8100 South Padre Island Dr., 78412 Account Manager, Selec Transportation Resources. Actively Involved in the Transportation Industry since 1972 - Trucking Industry - Owning and Operating Trucks Specializing in the Transportation of Liquid and Dry Bulk Hazardous Materials. Also, Management and Sales Professional in the Trucking Industry. (4/18/15) d. WATER RESOURCES ADVISORY COMMITTEE — Six vacancies with terms to 4- 1-16 and 4-1-17 representing the following categories: 1 — residential customer (homeowner) of the City's water system, 1 — wholesale raw or treated water customer of the City' s regional water supply system, 1 — apartment owner or owner' s representative, 1 — large commercial customer of the City' s water system, 1 — representative of a military facility and 1- member or employee of an organization that seeks to protect or positively influence the Nueces River watershed or its ecosystems. (Mayoral appointment with approval of the Council.) DUTIES: To advise the City Council, City Manager and Water Superintendent in matters of water resources management. The City Council, City Manager and Water Superintendent may refer matters to the committee to obtain their views. COMPOSITION: Ten (10) members appointed by the Mayor with the approval of the Council for two-year staggered terms. The members shall include 1 - residential customer (home owner) of the City' s water system; 1 - large commercial customer of the City water system, 1 - wholesale raw or treated water customer of the City's regional water supply system, 1 - representative of the Port Industries of Corpus Christi, 1 - representative of a school district located within the city, 1- representative of a military facility, 1 - representative of landscaping/nursery/horticulture interest; 1 - apartment owner or owner' s representative, 1 - citizen at large and 1 — member or employee of an organization that seeks to protect or positively influence the Nueces River watershed or its ecosystems. In addition, the Mayor may appoint one or two Council member(s) to serve as ex -officio member(s). MEMBERS ***Jeff Edmonds (Residential Cust.) *Brian Williams, P.E. (Wholesale Treated) Scott Kucera (School District) Lucia I. Sosa (Citizen at Large) Robert Kunkel (Port Industries) ****Vacant, (Apt. Owner or Owner's Rep.) Sally Gill (Landscaping) *Sam Sanders (Lg. Commercial Cust.), Chair **Mark Stroop (Military Facility) ****Vacant, (Nueces River) Council Member Mark Scott Council Member Lillian Riojas Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Vacant *****Has met six-year service limitation TERM 4-01-15 4-01-15 4-01-16 4-01-16 4-01-16 4-01-16 4-01-16 1-22-13 4-01-15 6-11-13 4-01-15 6-11-13 4-01-17 Ex -officio, non-voting 1-07-13 Ex -officio, non-voting 1-07-13 ORIGINAL APPTD. DATE 3-11-08 2-11-14 4-10-12 4-10-12 7-17-12 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MEETINGS NAME THIS TERM Brian Williams (Wholesale) 4 Sam Sanders (Lg. Comm.) 4 NO. PRESENT 4 3 OTHER INDIVIDUALS EXPRESSING INTEREST Joelle S. Francois 7533 Milan Street, 78414 Rocky Freund 3230 Seafoam Dr., 78418 Marc A. Gonzalez 7322 Taldora, 78414 Phil E. Hale, Sr. 1214 Belmead Dr., 78412 OF ATTENDANCE LAST TERM YEAR 100% 75% Senior Civil Engineer, URS - Subsidiary of AECOM Bachelor Degree in Civil Engineering from Faculte Des Sciences and Master of Science Civil Engineering from University of Central Florida. Registered Professional Engineer in Texas, Louisiana, Georgia and Florida. Community activities include: Water Environment Federation, Water Environment Association of Texas, American Water Works Association, Texas Section of American Water Works Association and American Society of Civil Engineers. (Residential Customer) (1/23/15) Deputy Executive Director, Nueces River Authority. Received BS in Geology from The University of Texas and MS in Computer Science from Corpus Christi State University. (Nueces River) (9/22/14) Director of Infrastructure Operations, Department of the Army at Corpus Christi Army Depot. Received a BA from University of Texas at San Antonio, Master of Aeronautical Science from Embry -Riddle Aeronautical University, and currently working on MBA at Texas A&M University -Corpus Christi. Commissioned Officer U.S. Air Force for 18 years. Activities include: Leadership Corpus Christi, Class 39. (Military Facility) (Residential Customer) (4/23/13) Administrator/Building Engineer, Condominium Association, Inc. Graduated from W. B. Ray High School and Del Mar College. Community Activities include: Corpus Christi engineers Association, Kevin Karroll Nelson 406 E. Longview St., 78408 Cristian Radaneata 4626 Mars Hill, 78413 Zane Thomas 14418 E. Cabana St, 78418 Community Association Institute (C.A.I.), Driscoll Children' s Hospital Telethon, Bays and Estuaries and Corpus Christi Independent School District Volunteer. (Apartment Owner or Owner's Rep.) (3/31/15) Post Doctoral Research Associate, Texas A&M University -Corpus Christi. Received a PhD in Coastal and Marine System Science and an M.S. in Computer Science. Currently conducting water/marine studies in Corpus Christi Bay and Nueces River Delta. (Residential Customer) (4/15/15) Optometrist, Coastal Bend Eye Center. Retired Lieutenant Commander, United States Navy. Received BA in Biology from University of California at Riverside and Doctor of Optometry from Southern California College of Optometry. Community Activities include: Rotary Club of Corpus Christi -Board of Directors, Metro Ministries, Corpus Christi Food Bank and Salvation Army. (Residential Customer) (2/27/15) Community Planning and Liaison Officer, United States Navy. Serves on the Corpus Christi Comprehensive Plan CAC. Received a BA in Community Planning and a MPA in Public Administration from Miami University. (Military Facility) (4/9/15) AGENDA MEMORANDUM Future Item for the City Council Meeting of April 21, 2015 Action Item for the City Council Meeting of April 28, 2015 DATE: April 21, 2015 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm@cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department markvv@cctexas.com (361) 826-1874 Purchase and Installation of Laboratory Casework, Lab Benches, Cabinetry, and a Chemical Hood CAPTION: Motion approving the purchase and installation of the casework, lab benches, cabinetry, and the chemical hood necessary to renovate three (3) laboratory rooms at the Water Utilities Laboratory from VWR International, LLC, Irving, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $72,820.63. Funds have been budgeted by the Utilities Department in FY 2014- 2015. PURPOSE: This equipment is to be used as a work space in order to perform critical laboratory testing of waste and storm water in the Water Utilities Laboratory. BACKGROUND AND FINDINGS: The Water Utilities Laboratory is certified by the National Environmental Laboratory Accreditation Conference (NELAC). The renovation of Laboratory Rooms number 15, 16, and 17 will provide for the casework, lab benches, cabinetry, and a chemical hood which are all needed for daily laboratory operations. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $98,516.69 $0 $98,516.69 Encumbered / Expended Amount $25,516.69 $0 $25,516.69 This item $72,820.63 $0 $72,820.63 BALANCE $179.37 $179.37 Fund(s): Water Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN PRICE SHEET TXMAS CONTRACT NO. 14-66040 PURCHASE AND INSTALLATION OF LABORATORY CASEWORK ITEM DESCRIPTION QTY. UNIT VRW International, LLC Irving, Texas UNIT PRICE EXTENDED PRICE 1 2 3 4. 5. Casework , lab benches, and cabinetry for laboratory room no. 15. Casework , lab benches, and cabinetry for laboratory room no. 16. Casework , lab benches, cabinetry, and a chemical hood for laboratory room no. 17. Installation for laboratory rooms no. 16 & 17. Freight 1 1 1 1 1 Lot Lot Lot Lot Lot $14,502.12 $8,459.55 $34,958.37 $13,150.59 $1,750.00 $14,502.12 $8,459.55 $34,958.37 $13,150.59 $1,750.00 TOTAL: $72,820.63 AGENDA MEMORANDUM Future item for the City Council Meeting of April 21, 2015 Action item for the City Council Meeting of April 28, 2015 DATE: April 14, 2015 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 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Jerry Shoemaker, P. E., Senior Program Manager jerrys2@cctexas.com (361) 826-3516 Engineering Design Amendment No. 1 Signal Improvements and Street Lighting City -Wide BOND 2012 Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Contract for Professional Services with Maldonado -Burkett Intelligent Transportation Systems, LLP of Austin, Texas in the amount of $30,321.74 for a re -stated fee not to exceed $79,833.85 for the Signal Improvements and Street Lighting BOND 2012 project. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 with Maldonado - Burkett Intelligent Transportation Systems, LLP for the Signal Improvements and Street Lighting BOND 2012 project. BACKGROUND AND FINDINGS: Advancements in technology for traffic signalization provide for improved traffic control and safety for vehicles and pedestrian transportation. Bond 2012 prioritized upgrades of antiquated signals at intersections. Upgrades include new equipment for signal heads, controllers, visual information visual detection systems (VIVIDS) on new poles and mast arms. HDR and MBITS were selected for the various projects this project addresses. K:\ENGINEERING\LEGISTAR\8 - APRIL 21, 2015\SIGNAL IMPROVEMENTS BOND 2012\AGENDA MEMO SIGNAL IMPROVEMENT AND STREET LIGHTING BOND 2012.DOCX ALTERNATIVES: 1. Authorize execution of Amendment No. 1. 2. Do not authorize execution of Amendment No. 1. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2014- 2015 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT. Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $99,100.00 $1,900,900.00 $0.00 $2,000,000.00 Encumbered / Expended Amount $99,100.00 $0.00 $0.00 $99,100.00 This item $0.00 $30,321.74 $0.00 $30,321.74 Future Anticipated Expenditures This Project $0.00 $96,620.11 $0.00 $96,620.11 BALANCE $0.00 $1,773,958.15 $0.00 $1,773,958.15 Fund(s): ST 36 RECOMMENDATION: City staff recommends the execution of Amendment No. 1 with Maldonado -Burkett Intelligent Transportation Systems, LLP in the amount of $30,321.74 for the Signal Improvements and Street Lighting City -Wide BOND 2012 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\8 - APRIL 21, 2015\SIGNAL IMPROVEMENTS BOND 2012\AGENDA MEMO SIGNAL IMPROVEMENT AND STREET LIGHTING BOND 2012.DOCX PROJECT BUDGET ESTIMATE SIGNAL IMPROVEMENTS AND STREET LIGHTING CITY-WIDE Project No. E12105 April 21, 2015 FUNDS AVAILABLE: Street CIP $2,000,000.00 FUNDS REQUIRED: Design Fees: *Engineer (Maldonado -Burkett) (Navigation) 49,512.11 Engineer (Maldonado -Burkett) Amendment No. 1 (McArdle) 30,321.74 Reimbursements: Administration (Capital Programs/Capital Budget/Finance) 34,052.00 Engineering Services (Project Mgt/Constr Mgt/Land Acq Svcs) 102,156.00 Misc. (Printing, Advertising, etc.) 10,000.00 TOTAL $226,041.85 ESTIMATED PROJECT BUDGET BALANCE $1,773,958.15 *Original contract approved by Administration on December 31, 2014 Remaining project budget to be used for future project phases AMENDMENT NO. 1 TO CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Capital Programs) and Maldonado -Burkett Intelligent Transportation Systems. LLP, a Texas corporation, 2205 Western Trails Blvd., Suite B, Austin, Travis County, Texas 78745, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Signal Improvements and Street Lighting City -Wide (Project No. E12105) BOND 2012 This project prioritizes intersections to receive signal upgrades and VIVIDS. This amendment No. 1 will address the intersection signal improvements to be located at Mcardle Road and Nile Drive. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Capital Programs. NE services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Capital Programs. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Director of Capital Programs. 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 Capital Programs. The Director of Capital Programs may direct the NE 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. NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Amendment No. 1 Page 1 of 3 KIENGINEERING DATAEXCHANGE ANGIEM1STREET1E12105 SIGNAL [MPR & STREET LIGHTING BOND 20121AMD 11CONTRACT PROFESSIONAL SERVICES.DOC 4. INDEMNITY AND INSURANCE NE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE In the original contract, Exhibit "A" FEES shall be modified for a total fee not to exceed $30,321.74 (Thirty Thousand Three Hundred Twenty One Dollars and Seventy Four Cents), for a restated fee not to exceed $79,833.85, (Seventy Nine Thousand Eight Hundred Thirty Three Dollars and Eight Five Cents) as shown in the attached Amendment No. 1, Exhibit "A". 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 NE at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 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 Capital Programs. However, the NE 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. Amendment No. 1 Page 2 of 3 K:IENGINEERING DATAEXCHANGEIANGIEM\STREET1E12105 SIGNAL IMPR & STREET LIGHTING BOND 20121AMD ,‘CONTRACT PROFESSIONAL SERVICES.DOC 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, LLP J. H. Edmonds, P.E. Date Ramon Ftf. {a[ldonado Jr., P.E. Date Director of Capital Programs Principal 2205 Western Trails Blvd., Suite B Austin, TX 78745 RECOMMENDED (512) 916-1386 Office Ocf Operating Department / '6ate APPROVED AS TO LEGAL FORM Legal Department APPROVED Date Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Project No. E12105 Accounting Unit: 3549-053 Account: 550950 Activity: El 2105013549EXP Account Category: 50950 Fund Name: Street C!P BOND 2012 Encumbrance No. Amendment No. 1 Page 3 of 3 K:4ENGINEERING DATAEXCHANGELANGIEM\STREETlE121O5 SIGNAL IMPR & STREET LIGHTING BOND 24124AMD 14CONTRACT PROFESSIONAL SERVICESDOC MAEO06600.•UTA9TT 114'11.11161%T T11A650O6TAT7ON SMS TEMS. u February 12, 2015 Mr. Jerry Shoemaker, P.E. Assistant Executive Director of Capital Programs 1201 Leopard Street Corpus Christi, TX 78401 Dear Mr. Shoemaker: MBITS is proposing to do a Signal and Pedestrian Pole design at McArdle Rd. and Nile Dr. Below is a summary along with design fees associated with the intersection. McArdle Rd. with Nile Dr. Signal Warrant Study Signal warrant study for the intersection for a total of $2,701.89. McArdle Rd. with Nile Dr. Signal Design Signal and Ped Pole design with Other Direct Costs (Project Wide Fee) for a total of $23,888.61. This fee assumes topo and utility survey will be supplied by others. Additional Services: Survey Topo and Utilities In the event MBITS needs to obtain survey and utility information, a fee of $3,731.24 will be added. This fee will include survey topo and utilities along with subconsultant coordination. Contents Technical Specifications will be included with the construction documents and completed in accordance with city's specifications and standards. This package will not include front end documents. Schedule Once NTP is given we anticipate the design will take 30 working days with dedicated staff. This time will also depend on the City's review time and comments. Based on the current construction schedule, MBITS will first be submitting preliminary foundation and conduit locations in order for the contractor to begin construction. One pre -submittal before the final signed and sealed sheets are submitted unless additional submittals are requested which will impact the 30 day work schedule. If you have any additional questions please let us know. Best regards, Ramon H. Maldonado Jr.. P.E. ]]65 WESTEAN TRAILS BLVD SUIT# B AUSTIN. fl71A5 76745 ONIro 517.916 1396 • r04.1 m611sg7oUp to" AMD. NO. 1 EXHIBIT "A" Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS & INDEMINIFICATION I. CONSULTANT'S LIABILITY INSURANCE A. Consultant must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Consultant must fumish to the City's Risk Manager and Director of Capital Programs. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Consultant must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. AMD. NO. 1 EXHIBIT "B" Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. B. 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. C. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Consultant or as requested by the City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. 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: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, 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. F. 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. AMD. NO. 1 EXHIBIT "B" Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this contract. H. 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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. AMD. NO. 1 EXHIBIT "B" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Maldonado -Burkett Intelligent Transpiration Systems, LLP P. O. BOX: N/A STREET ADDRESS: 2205 Western Trails Blvd., Suite B FIRM IS: 1. Corporation 4. Association CITY: Austin 2. Partnership 5. Other ZIP: 78745 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 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 AJI 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 )A Committee Board, Commission or 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ramon H. Maldonado Jr., P.E. Title: Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: M//0//c— a. //0 1/c— 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. Note: City -Wide Project PROJECT # E12105 LOCATION MAP NOT TO SCALE City of Corpus Christi Signal Improvements and Street Lighting CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS -""1- PAGE 1 OF 1 - PAGE1OF1 04 Corpus Chr sti Capital Programs Signal Improvements and Street Lighting BOND 2012 Council Presentation April 21, 2015 Project Scope Corp‘40 sti Capital Programs This project proposes to upgrade the 4 -way stop (to signalized) intersection. Work includes: • Warrant Study • Design for new poles mast arms signal controller cabinet etc. Note: McArdle Street is a reconstruction to a three lane road with a continuous center lane and a bike lane. Design dal Project Schedule Corp‘40 sti Capital Programs 2015 May June July Aug Sept construction Project Estimate: 150 Calendar Days N 5 Months *Engineer (Maldonado -Burkett) (Navigation) Engineer (Maldonado -Burkett) Amendment No. 1 (McArdle) Reimbursements $146,208 Project Budget Corpus Chr sti Capital Programs FUNDS AVAILABLE: Street CIP $2,000,000 FUNDS REQUIRED: Design Fees: $49,512 $30,322 TOTAL $226,042 ESTIMATED PROJECT BUDGET BALANCE *Original contract approved by Administration on December 31, 2014 Remaining project budget to be used for future project phases $1,773,958 AGENDA MEMORANDUM Future item for the City Council Meeting of April 21, 2015 Action item for the City Council Meeting of April 28, 2015 DATE: April 6, 2015 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 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Jerry Shoemaker, P. E., Senior Program Manager jerrys2@cctexas.com (361) 826-3516 Engineering Construction Contract and Design Contract Amendment No. 1 Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements Motion authorizing the City Manager, or designee, to execute a construction contract with Grace Paving and Construction, Inc. of Corpus Christi, Texas in the amount of $1,880,404.50 for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements and to execute Amendment No. 1 to a Contract for Professional Services with Engineering & Construction Management Services, LLC (ECMS, LLC) in the amount of $97,440.00 for a restated fee of $114,940.00 for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Grace Paving and Construction, Inc., for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements. This item also approves a separate contract for architectural/engineering services to develop and issue the delivery orders to the contractor. BACKGROUND AND FINDINGS: This project provides for continued construction phase services to support the Minor Street IDIQ project. This project was developed to supplement the efforts of the City Street Department to improve K:\ENGINEERING\LEGISTAR\8 - APRIL 21, 2015\IDIQ MINOR STREET\AGENDA MEMO IDIQ MINOR STREET PAVEMENT IMPROVEMENTS.DOCX the quality of our streets. This project allows for immediate identification and prioritization of outstanding work orders within the City Maximo Data Base. The areas of repairs are localized street pavement and base material failures and potholes and are not intended for major street rehabilitation or reconstruction. The work may include saw cutting, crack sealing, seal coat, milling, curb and gutter and ancillary minor utility manhole ring and cover and valve adjustments. On March 11, 2015, the City received proposals from five (5) bidders and the bidders: Contractor Total Grace Paving & Construction, Inc. Corpus Christi, Texas $1,880,404.50 A.Ortiz Construction, Inc. Corpus Christi, Texas $2,192,407.50 LNV, Inc. Corpus Christi, Texas $2,189,308.70 Salinas Construction Technologies, LTD. Pleasanton, Texas $2,396,993.80 Gourley Contracting Corpus Christi, Texas $1,980,630.00 ALTERNATIVES: 1. Authorize execution of the construction contract and amendment no. 2. 2. Do not authorize execution of the construction contract and amendment no. 2. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, Engineering & Construction Management Services, LLC (ECMS) conducted a bid analysis of the five (5) proposals submitted in response to the City's bid solicitation. ECMS found that Grace Paving & Construction, Inc. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT. Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $17,500.00 $2,500,000.00 $0.00 $2,517,500.00 Encumbered / Expended Amount $17,500.00 $0.00 $0.00 $17,500.00 This item $0.00 $1,977,844.50 $0.00 $1,977,844.50 Future Anticipated Expenditures This Project $0.00 $179,266.07 $0.00 $179,266.07 K:\ENGINEERING\LEGISTAR\8 - APRIL 21, 2015\IDIQ MINOR STREET\AGENDA MEMO IDIQ MINOR STREET PAVEMENT IMPROVEMENTS.DOCX BALANCE $0.00 $342,899.43 $0.00 $342,899A3 RECOMMENDATION: City staff recommends that the construction contract be awarded to Grace Paving & Construction, Inc. of Corpus Christi, Texas in the amount of $1,880,404.50 for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements for the total base bid, and recommends execution of Amendment No. 1 with ECMS, LLC. for the Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\8 - APRIL 21, 2015\IDIQ MINOR STREET\AGENDA MEMO IDIQ MINOR STREET PAVEMENT IMPROVEMENTS.DOCX PROJECT BUDGET ESTIMATE Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements FY 2014/2015 Project No. E14034 PROJECT FUNDS AVAILABLE: Street Operating Fund FY 2014 $ 17,500.00 Street Operating Fund FY 2015 2,500,000.00 TOTAL 2,517,500.00 FUNDS REQUIRED: Construction (Grace Paving) 1,880,404.50 Desiqn Fees: Engineer - (ECMS) 17,500.00 Engineer - (ECMS ) Amendment No. 1 97,440.00 Construction Inspection & Preperation of Delivery Orders (TBD) 28,206.07 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) 62,937.50 Engineering Services (Project Mgt//Traffic Mgt Services) 75,525.00 Misc. (Printing, Advertising, etc.) 12,587.50 TOTAL $ 2,174,600.57 ESTIMATED PROJECT BUDGET BALANCE $ 342,899.43 PROJECT # E14034 LOCATION MAP NOT TO SCALE Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS -""- PAGE 1 OF 1 - PAGE1OF1 AMENDMENT NO. 1 TO CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Capital Programs) and Engineering & Construction Management Services, LLC, a Texas corporation, 5001 Oakmont Drive, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer — NE), hereby agree as follows: 1. SCOPE OF PROJECT Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements (Proiect No. E140341— This project is an Indefinite Delivery/Indefinite Quantity (IDIQ) construction project to perform minor street pavement repairs involving pavement rehab/replacement, base repairs with limestone, and sub -grade stabilization throughout the City. The work will be issued in delivery orders that will provide specific scope and requirements. The work will include saw cutting, crack sealing, seal coats, milling, curb & gutter and driveway replacement, curb ramps, minor utility manhole ring and cover and valve adjustments, and gas line utility -cut backfill with limestone and HMAC pavement. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Capital Programs. NE services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The NE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Capital Programs. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Director of Capital Programs. 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 Capital Programs. Amendment No. 1 Page 1 of 3 KIENGINEERING DATAEXCHANGEANGIEMISTREET1E14034 IDIO MINOR STREET IMPROVEMENTSIECMSIAMENDMENT NO 1\CONTRACT PROFESSIONAL SERVICES.DOC The Director of Capital Programs may direct the NE 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. NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE In the original contract, Exhibit "A" FEES shall be modified for a total fee not to exceed $97,440.00 (Ninety Seven Thousand Four Hundred Forty Dollars and Zero Cents), for a restated fee not to exceed $114,940.00, (One Hundred Fourteen Thousand Nine Hundred Forty Dollars and Zero Cents) as shown in the attached Amendment No. 1, Exhibit "A". 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 NE 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 NE agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The NE 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 NE staff. If the NE 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 NE fee may be assigned in advance of receipt by the NE 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, Amendment No. 1 Page 2 of 3 KIENGINEERING DATAEXCHANGEWNGIEMISTREET1E14034 IDIQ MINOR STREET IMPROVEMENTSIECMSWMENDMENT NO 11CONTRACT PROFESSIONAL SERVICES.DOC contractor's field data, and submittal data will be the sole property of the City, may not be used again by the NE without the express written consent of the Director of Capital Programs. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST NE 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 Engineering & Construction Management Services, LLC _-4 Felix H. Ocanas Jr., P.E. Principal 5001 Oakmont Drive Corpus Christi, TX 78413 RECOMMENDED (361) 549-4576 J. H. Edmonds, P.E. Date Director of Capital Programs Operating Department Date APPROVED AS TO LEGAL FORM Legal Department Date APPROVED Office of Management and Budget ATTEST Date Rebecca Huerta, City Secretary 4 6-q i Date Project No. E14034 Accounting Unit: 1041-12430-051 Account: 530000 Activity: E14034011041 EXP Account Category: 30000 Fund Name: Street Fund Encumbrance No. Amendment No. 1 Page 3 of 3 KIENGINEERING DATAEXCHANGE',ANGIEMISTREETE14034 IDIQ MINOR STREET IMPROVEMENTSIECMSIAMENDMENT NO 1ICONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS IDIQ MINOR STREET PAVEMENT IMPROVEMENTS (Project Number E14034) AMENDMENT NO. 1 L SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Architect/Engineer-NE will: a. Prepare the necessary bid documents for advertising the proposed construction contract: b. Assist City staff during the bidding process as may be necessary. c. Conduct and/or attend and participate in meetings with the City staff as required towards the award of the construction contract. 2. Construction Phase. 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 impacted the project. b. Review for conformance to contract documents, shop and woridng drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction divislmh); provide interpretations and clarifications of the plans and specifications forthe contractor and authorize minor changes which do not affect the contractors price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project These manuals will be in a "multimedia format' suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be In HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image -viewing software available on the City's computer - AMD. NO. 1 EXHIBIT "A" Page 1 of 5 Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks. 1. Review construction *red -line drawings, prepare record drawings of the Project as constructed (from the `red-tlne drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer beim provided in a separate file. Attribute data will be provided in ASCII format in tabular form. Aft electronic data will be compatlbte with the City GIS system. The City staff wit a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services es that may be included as part (Adds contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the followings 1. Coon Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractoes work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavorto provide further protection for the C11Y against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with NE regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shaft in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project- related rojectrelated meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist In understanding the intent of the Contract Documents. B. PR shaft communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications arnd interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: AMD. NO. 1 EXHIBIT "A" Page 2 of 5 A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Sita observations of Contractor's work in progress to amt AIE in determining tithe Work is in general proceeding in accordancewiththe Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any Inspection, test or approval required to be made; and advise City and AIE of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for Inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents inciudirg alt Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, AIE's ciarlrcations and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved Cityformat, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures and send copies to AIE and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report Immediately to the CITY and AIE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or corrin. B. Participate In a final inspection in the company ofAIE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. AMD. NO. 1 EXHIBIT "A" Page 3 of 5 2. Start -Un Services Provide on-site services and verification for all start-up procedures during actual start up of major Project components, systems, and mated appurtenances if needed and required. 3 Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fx, restore, patch, or replace improvement underthe 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 tater than sixty (60) days prior to the end of the maintenance guaranty period. 4 Provide the services above authorized in addition to those items shown on Exhibit "A 1" Task Ust, which provides supplemental description to Exhibit W. Note: The Exhibit °A-111 Task Ust does not supersede Exhibit 'W. 2. SCHEDULE Day Date Activity Monday February 2, 2015 Submit tinal bid package Tuesday , March 3, 2015 Pre-bid meeting Wednesday Maroc 11, 2015 Bid opening Tuesday Aprtl 14, 2015 Contract Award Wednesday May 15, 2015 Begin Construction Thursday , May 15, 2016 Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the A/E 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 ail 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 IA.1-4, A/E will submit monthly statements for basic services rendered. In Section IA1-3, the statement will be based upon NE's estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section IA4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. AMD. NO. 1 EXHIBIT "A" Page 4 of 5 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 ANE a not -to -exceed fee as per the table below: S Basic Services Fees 1. Preliminary Phase $3,000 2. Design Phase $3,000 3. 131d Phase $3,000 4. Construction Phase (12x22(1.5490) $35,640 Subtotal Basic Services Fees $44,840 Additional Services Fees (Allowance) 5. Construction Observation Servlces(12x22x4x$50) $52,800 S:—SteriServisee — 7. Warranty Phase (included in 5 above) — Sub -Total Additional Services Fees Authorized $52,800 Total Authorized Fee 97,440 AMD. NO. 1 EXHIBIT "A" Page 5 of 5 EXHIBIT "A-1" TASK UST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A") CITY OF CORPUS CHRISTI, TEXAS ID$Q MINOR STREET PAVEMENT IMPROVEMENTS (Project No. E14034) AMENDMENT NO. 1 Basic Services (See Exhibit "A") Additional Services: CONSTRUCTION OBSERVATIO J SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the protect site during construction. 3) Prepare monthly reports and submit to City staff as required.. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing Laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meetings. 2) Assist the City in conducting the public information meetings. 3) Assist the City with follow-up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one-year period after acceptance of the project. Note defects requiring contactor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. AMD. NO. 1 EXHIBIT "A-1" Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS & INDEMINIFICATION I. CONSULTANT'S LIABILITY INSURANCE A. Consultant must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager and Director of Capital Programs. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Consultant must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. AMD. NO. 2 EXHIBIT "B" Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. B. 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. C. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Consultant or as requested by the City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. 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: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, 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. F. 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. AMD. NO. 2 EXHIBIT "B" Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this contract. H. 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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. AMD. NO.2 EXHIBIT "B" Page 3 of 3 mmmmmw go X Cla =3 CD W P - o o CI N Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 0% 0 0 0 0 0 0 0n/a $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% City of Corpus Christi SUPPLIER NUMBER TO 13E ASSIGNEE) BY C11 Y PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended. requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Engineering & Construction Management Services, LLC P. O. BOX: NJA STREET ADDRESS: 5001 Oakmont FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78413 ? Partnership s. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) )10.1 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 /A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 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 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 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: Felix H. Ocanas Jr., P.E. Title: President (Type or Print) Signature of Cert i 1 } i ng Person: DEFINITIONS Date: 72-/ zj f is -- 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." °`Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. Corpus Christi Capital Programs Indefinite Delivery/Indefinite Quantity Minor Street Pavement Improvements Council Presentation April 21, 2015 Project Scope .411 Corpus Chr sti Capital Programs NW' Ciry.W de Project PROJECT*: E14034 ➢ Ongoing project to provide minor street pavement improvements to include: Asphalt rehab/repair • Saw cutting • Crack sealing • Seal Coats • Milling • Curb & Gutter replacement ➢ Indefinite Delivery Indefinite Quantity (IDIQ) Construction Contract to Grace Paving ➢ Non-traditional contract method that allows "real-time" implementation of multiple Delivery Orders (Work Orders) based on unit bid prices ➢ Separate award of the Engineering Contract for Delivery Order preparation and Construction Management to ECMS 2 Project Schedule Corp‘40 sti Capital Programs 2015 2016 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Construction Project Estimate: 365 Calendar Days 12 Months Project Budget Corpus Chr sti Capital Programs PROJECT FUNDS AVAILABLE: Street Operating Fund FY2014 $ 17,500.00 Street Operating Fund FY2015 2 500 000.00 TOTAL 2 517 500 00 FUNDS REQUIRED: Construction (Grace Paving) 1,880,404.50 Design Fees: Engineer - (ECMS ) 17,500.00 Engineer - (ECMS ) Amendment No. 1 97,440.00 Construction Inspection & Preperation of Delivery Orders (TBD) 28,206.07 Reimbursements 151,050.00 TOTAL $ 2 174 600 57 ESTIMATED PROJECT BUDGET BALANCE $ 342,899.43 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 21, 2015 Action Item for the City Council Meeting of April 28, 2015 DATE: April 10, 2015 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., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 J.H. Edmonds, P.E., Director Capital Programs Jeffreye@cctexas.com (361) 826-3851 Interlocal Agreement with Port of Corpus Christi Authority Sam Rankin Street Improvements CAPTION: Motion authorizing the City Manager or designee to execute an Interlocal Agreement with the Port of Corpus Christi Authority of Nueces County, Texas (PCCA) for improvements to Sam Rankin Street from Port Avenue to West Broadway Street. PURPOSE: The purpose of this agenda item is to obtain authority to execute an Interlocal agreement with the PCCA for the purpose of a joint project to upgrade Sam Rankin Street from Port Avenue to West Broadway Street. BACKGROUND AND FINDINGS: Sam Rankin Street provides direct access to the heavy cargo dock used to deploy military forces and supplies at the PCCA. The street is currently in poor condition and is in need of reconstruction. This agreement will provide for a joint project between the City of Corpus Christi (City) and PCCA to improve road conditions for joint use by both parties. This agreement provides for the reconstruction of Sam Rankin Street from Port Avenue to West Broadway Street with a 28 -foot road section, to include curb and gutter, storm water inlets and underground pipes within the project limits. The paved section will be designed and constructed for anticipated future traffic loads and military requirements. The City and the PCCA agree to participate in the funding of the project to include design, construction and maintenance, based on respective pro rata share of the respective lengths of roadway ownership with the City responsible for 60% and the PCCA responsible for 40% of the project costs. The PCCA, at their sole discretion and 100% cost responsibility, reserves the right to increase the width of the roadway section to a 32 -foot wide road section from Port Avenue to Resaca Street in order to access PCCA property located on either side of the Sam Rankin Street Right of Way. The City, at their sole discretion and cost, will determine the need for, and extent of any upgrades to the existing water, wastewater and gas lines located within the limits of construction along the Sam Rankin Street right of way. The total project cost is estimated to be $1,725,383.39, which includes design fees, street and drainage improvements, utility improvements and contingency. The PCCA's estimated cost share of the project is $464,941.64 and the City's estimated cost share is $1,260,441.76. Under the terms of this Agreement, the PCCA will be responsible for entering into contract design, administration and construction of the project and the City will provide oversight inspections, as needed at its own expense. ALTERNATIVES: 1. Authorize the execution of the Interlocal Cooperation Agreement. 2. Do not authorize the execution of the Interlocal Cooperation Agreement (Not Recommended) OTHER CONSIDERATIONS: The City's share of funding for this project is possible through the redemption of unspent Texas Military Value Revolving Loan Fund proceeds. In 2005, the City received a $10,507,390 loan from the Texas Military Value Revolving Loan Fund for two projects which benefitted military facilities located in the City: (1) the expansion and reconstruction of Port Avenue from 1-37 to US 181 and (2) the realignment of Flour Bluff Drive and extension of the Waldron Field Runway. The Port Avenue project was successfully completed and the realignment of Flour Bluff Drive / extension of Waldron Field Runway was not undertaken due to a change in military priorities. Remaining loan funds, in the form of 2007 Certificates of Obligation (CO's) issued to the Texas Public Finance Authority (TPFA) were not callable until 2016, so on November 18, 2014, the City Council approved a plan to issue new Tax Notes in an amount closely resembling the unspent loan proceeds. The TPFA has agreed to an early redemption of the original CO's and to purchase the new Tax Notes. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy and statutes governing Intergovernmental Cooperative Agreements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Department Intergovernmental Relations FINANCIAL IMPACT: ❑ Ooeratin ❑ Revenue ❑ Capital ® Not applicable at this Time Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This Item Future Anticipated Expenditures This Project BALANCE Comments: RECOMMENDATION: City Staff recommends approval of the Interlocal Cooperation Agreement between the Port of Corpus Christi Authority of Nueces County, Texas and the City of Corpus Christi for reconstruction of Sam Rankin Street from Port Avenue to West Broadway Street. LIST OF SUPPORTING DOCUMENTS: Interlocal Cooperation Agreement Location Map THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL COOPERATION AGREEMENT BETWEEN THE PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS AND THE CITY OF CORPUS CHRISTI FOR SAM RANKIN STREET UPGRADES THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by and between the CITY OF CORPUS CHRISTI, TEXAS ( "City"), a municipal corporation and home - rule city of the State of Texas, acting by and through its governing body, the City Council, and the PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS ("PCCA"), acting by and through its governing body, the Port Commission. WHEREAS, the Port of Corpus Christi has been designated as one of 22 Strategic Military Seaports in the nation; and WHEREAS, one of the major responsibilities ofa strategic military seaport is to be prepared to make the port and its facilities available within short notice for the deployment of military forces and supplies in support of Department of Defense ("DOD") operations; and WHEREAS, Sam Rankin Street provides access to the heavy cargo dock used to deploy military forces and supplies at the Port of Corpus Christi; and WHEREAS, Sam Rankin Street has been rated in poor condition and is in need of reconstruction to enhance the military value of the Port of Corpus Christi; and WHEREAS, the City and PCCA desire to cost share the funding of the engineering, design, roadway construction and utilities work to facilitate the reconstruction of Sam Rankin Street from Port Avenue to West Broadway Street (the "Project"), and to define the respective maintenance responsibilities for the roadway and utilities as provided in this Agreement; and WHEREAS, the City has been approved for Project funds through the Texas Military Value Revolving Loan Fund; and WHEREAS, this Agreement is made pursuant to Chapter 791, Texas Government Code; NOW, THEREFORE, BE IT AGREED BY THE PORT AUTHORITY OF NUECES COUNTY, TEXAS AND THE CITY OF CORPUS CHRISTI, TEXAS: 1 SECTION 1. PROJECT SCOPE. Roadway Limits. The PCCA limit of ownership for Sam Rankin is from the south edge of Port Avenue right -of way to the centerline of Brewster Street right of way. The City limit of ownership of Sam Rankin is from the centerline of Brewster Street right of way to West Broadway right of way. See Exhibit A attached hereto. Sam Rankin Street Reconstruction. Sam Rankin Street will be reconstructed from Port Avenue to West Broadway Street with a 28 foot wide road section, to include curb and gutter, storm water drains, and subsurface storm water sewer system connected to existing systems at the project limits. The paved section shall be designed for anticipated traffic loads. Optional Upgrade. PCCA, at PCCA's discretion, reserves the right to increase the width of the roadway section to a 32 foot wide road section from Port Avenue to Resaca Street in order to access PCCA Property located on either side of the Sam Rankin Street Right of Way. Utilities. The City, at City's sole discretion, shall determine the need for, and extent, of upgrades necessary for existing potable water, sanitary sewer, and natural gas utilities located within the limits of construction along the Sam Rankin Street Right of Way. SECTION 2. OBLIGATIONS OF CITY AND PCCA. For and in consideration of the covenants and agreements of the parties set forth herein, City and PCCA agree to participate in the funding of costs, including engineering, construction and maintenance, related to the reconstruction of the roadway, drainage features, and utilities within the Sam Rankin Street Right -of -Way, as described herein, as follows: (a) Total Project Cost. City and PCCA agree to pay their respective pro rata share based on the respective lengths of roadway ownership (40 percent PCCA and 60 percent City). See Exhibit B attached hereto. Total project cost is estimated to be $I,725,383.39, which includes design fees, street and drainage improvements, utility improvements and a contingency fee. The Port shall not be responsible for water, waste water or gas improvements within the project limits. The Port's share of the estimated project costs is $464,941.64. The City's share of the estimated project costs is $1,260,441.76. The parties acknowledge that the above amounts are estimates only, and that the final costs will be determined upon completion of the Project. (b) Roadway and ❑rainaQe Design. City and PCCA agree to pay their respective pro rata share for the engineering services to design the upgraded pavement section for 1 (c) Sam Rankin Street and related drainage improvements. Roadway and drainage design is to be completed by a professional engineering firm mutually acceptable to both parties. PCCA will, at PCCA's sole expense and in coordination with the City, manage the design for the roadway and drainage features. If PCCA chooses to exercise its option to increase the width of the roadway section to 32 feet to service PCCA property along the Sam Rankin Street Right -of -Way, PCCA's percentage of design costs shall increase to 45 percent and the City's share decrease to 55 percent. Utility Designs. City will, at City's sole expense, provide designs for potable water, sanitary sewer, and natural gas utility upgrades determined to be necessary within the construction limits. (d) Payment of Engineering Fees. Upon the receipt and acceptance of mutually acceptable final designs and construction plans and specifications, PCCA will invoice the City for the City's portion of the design costs incurred by PCCA, including the cost for any mutually agreed amendments. City will pay PCCA within 60 days of the receipt of the invoice for design costs. (e) Roadway and Drainage Construction. City and PCCA agree to pay for the construction of roadway and drainage improvements within their respective limits of ownership. If PCCA chooses to exercise its option to increase the width of the roadway section to 32 feet from Port Avenue to Resaca Street, PCCA will pay for roadway and drainage construction costs associated with increasing the road width to 32 feet within the City's Right -of -Way. (I) Utility Construction. City agrees to pay the construction costs for the upgrade of potable water, sanitary sewer, and natural gas utilities within the limits of the Sam Rankin Street construction defined herein. (g) Contract Management. PCCA will be responsible for contract administration during the reconstruction of Sam Rankin Street and related utilities, at its expense. City will provide oversight inspections, as needed, at its expense. (h) Reimbursement of Construction Costs. City agrees to reimburse PCCA for the costs of construction under the construction contract after the City has reviewed the final bids and approved the final construction contract between PCCA and the selected contractor. (i) Construction Payment Dates. PCCA will provide City with monthly payment applications submitted by the construction contractor. Upon City approval of the payment application, within 7 business days after City receives each payment 3 application, PCCA will invoice City for payment of costs incurred. City will pay PCCA within 60 days of the receipt of the invoice for construction costs. (j) Payments. Any payment made by either party hereto for any of the services provided pursuant to this Agreement shall be made out of current revenues available to the PCCA and City as required by Chapter 79, Texas Government Code. (k) Roadway and Drainage Maintenance. After the construction warranty period of one year from the acceptance date has expired, City and PCCA will maintain the roadway and drainage improvements within their respective limits of ownership. (1) (m) Utility Maintenance. After the construction warranty period of one year from the acceptance date has expired, City will maintain potable water, sanitary sewer, and natural gas utilities within the reconstructed Sam Rankin Street Right of Way. Easements. PCCA will grant the City reasonable access to PCCA property or appropriate easements, as upon terms mutually negotiated and agreed by the parties, for the maintenance of utilities on PCCA property within the Sam Rankin Street Right -of -Way. SECTION 3. TERM OF AGREEMENT. Initial Term. This Agreement shall be for an initial term of two years, beginning on the latest date of signature executing this agreement. Beyond the initial term, this Agreement is subject to extension from year to year by either party upon written notice provided to the other party at least sixty (60) days prior to the expiration ofthe initial term or any extension, and agreement of the second party that an extension is warranted and desirable. SECTION 4. CHANGE ORDERS (a) Roadway and Drainage. City and PCCA will be responsible for payment of the cost of change orders for the road work and drainage improvements within their respective limits of roadway ownership, or as defined elsewhere herein. The Port will notify and receive approval from the City of proposed change orders, prior to authorization. (b) Utilites. City will be responsible for payment ofthe cost of change orders related to potable water, sanitary sewer, and natural gas utilities. The Port will notify and receive approval from the City of proposed change orders, prior to authorization. (c) Optional Upgrade. PCCA will be responsible for payment of the cost of change orders related to increasing the width of the roadway section to 32 feet from Port Avenue to Resaca Street. The Port will notify and receive approval from the City of proposed change orders, prior to authorization. 4 SECTION 5. MISCELLANEOUS. (a) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either PCCA or City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. (b) Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. (e) Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: Citv PCCA Valerie Gray, P.E. Executive Director Public Works City of Corpus Christi 1201 Leopard Corpus Christi, Texas 78401 John LaRue Executive Director Port of Corpus Christi Authority P. O. Box 1541 Corpus Christi, Texas 78403 Non -Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver ofthe right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. (f) Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or Reinvestment Zone or any Port Commissioner, officer, agent or employee of District. No Waiver of immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. (Signatures are on the next page.) IN WITNESS HEREOF, the City and PCCA have made and executed this Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI PORT OF CORPUS CHRISTI AUTHORITY 3716 Executive Director Public Works Date Executive Direct V Date ATTEST: City Secretary Date APPROVED AS TO FORM: Assistant City Attorney Date !r 4bp .014 project' 14-018breconstrtction of sant ranknni .citl interlocal agent doc 7 EXHIBIT A — Aerial Map of Project Limits 0 CARGO DOCK 8' HARBOR DR n4.1W ui MYc l PORT AVE BLDG 26 BLDG 27 og1JST01SS' Ti �n Y i+R 1. 4•• 7 i TARY f+Lsposra pja.YI.,.��F.e41. 3X1 Car i LEGEND p - PCCA SECTION (1615 LF) p - CITY SECTION (±1.020 LF) .- 1.:auuaa.Ip i•SIDWIM a,a- PORT OF CORPU5 CFERISTI AUTHORITY PERI COlPIACNN STI --� RECONSTRUCTION OF SAM RANKIN ST. AS NOTED EXHIBIT 'A' EXHIBIT B — Project Costs Port Corpus gxihl Sam Rankin St. N. Part Ave. to W. Broedey SL) Fee Breakdown F ndin, Souse Item Description Stat IPOCC) Mort Stam Water ICDYCC) IPOal Storm Water 10hal Water Wattmeter Oept. Dept. Total A Basic Seniors I 1 Ms in Pt•atc 5 26562.71 S 39,84443 5 9,364.6' $ 14,046.91 $ 22.061.90 5 21,22954 5 133,166.72 2 i c1F1-atr 5 1562-51 $ 2,343.77 $ 553.86 5 826.29 5 1,2977015 1,248.60 3 7,829.92 3 Castruci Ion Press S 3,125.02 $ 4,687.54 5 1,101.72 5 1,652.58 5 16,5233* 5 2.595.405 2497.59 $ 15,659.85 Basic Services Total 5 3I,25O.24 $ 46,67536 5 11,017.11 5 25,954.01 1 5 24975.93 5 156,59149 8 Additional Undoes 1 TapcpraprecWrvay j S 2,807.[0 1 5 2,600.00 Additional Service Total S • 5 2400.00 $ • $ • $ S • 5 2,800.00 Totally 31,250.24 r 49,675.36 $ 11,017.11 $ 665233* 5 25,954.011$ 24975.93 $ 15949149' 1 c FttMWed Construction Cost ksckedi 15%CaHhlmncies 12O15 Dofarsp I 15 3I25O2.38 1 $ 468,75357 5 11017I,84 5 165,257.76 5 259,540.01 1 5 243.759.30 S 1,565,914.90 i 1 1 I 0 Pro)ed Total i 1 1 5 343,752.62 15 51142/93 15 121,11982 5 111,71354 5 215,494.06 1 5 274735.23 1 5 142131339 0 CARGO DOCK 8 PORT AVE. BLDG. 26 BLDG. 27 BREWS -TER ST . �Le '9y ST HARBOR DR. ,oirfil4rilf.KtL9i WNR4blif'r IA. 311. Al/64A 4 DAVE ROO 0:074V* 0.D. 1 INT. PUBLIC OIL DOCKS RNING BASIN 45 ft. dee 800' wide THE CONGRESS PUBLIC CARGO SOLOMON P. INTERNATIO RESACA ST- AL SPRA L YARD ARY I. in Ake a „....efte- NO% , IL'i 300' 600' LEGEND - PCCA SECTION (±615 LF) - CITY SECTION (±1,020 LF) h:\ben vasquez\drawings & exhibits \sam rankin.dwg PORT CORPUS CHRISTI PORT OF CORPUS CHRISTI AUTHORITY RECONSTRUCTION OF SAM RAN KI N ST. SCALE: DWN. BY: AS NOTED BEN V EXHIBIT "A" DATE: 2010102/0 TIME: 08:49:24 AGENDA MEMORANDUM Future item for the City Council Meeting of April 21, 2015 Action item for the City Council Meeting of April 28, 2015 DATE: TO: April 6, 2015 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., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Interim Director, Environmental and Strategic Initiatives MarkVV@cctexas.com (361) 826-1874 Interlocal Agreement with Texas A&M University Kingsville Choke Canyon Reservoir Region of the Nueces River Basin CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A&M University Kingsville in the amount of $59,697 for a decision support modeling system for modeling the water resources around the Choke Canyon Reservoir Region of the Nueces River Basin. PURPOSE: The purpose of this agenda item is to obtain authority to execute a decision support modeling system for modeling the water resources around the Choke Canyon Reservoir Region of the Nueces River Basin. BACKGROUND AND FINDINGS: Lake Corpus Christi (LCC) and Choke Canyon Reservoir (CCR) System is located within the Nueces River Basin and provides major drinking water supply for the City of Corpus Christi and other South Texas regions. The Nueces River Basin traditionally has complex water management issues related to combined domestic and industrial water supply and demand, prolonged drought conditions, climate - induced water management factors, and coastal freshwater inflow management. In recent years, the booming of unconventional shale oil and gas industry has introduced new challenges to the Nueces River Basin, especially in the CCR area, such as an increase in groundwater pumping. It has increased the complexity of water management in the Nueces River Basin. These challenges make it necessary and important to adopt a solid science -based water resources management approach to proactively manage the complex water system in the Nueces River Basin. This agreement authorizes the Department of Environmental Engineering in cooperation with the Texas A & M University- Kingsville to develop a decision support modeling system for managing the water resources around the CCR region of the Nueces River Basin. This modeling system will provide the following functionalities to the regional decision makers: 1. Simulating and predicting the interaction of ground water and surface water around the CCR region of the Nueces River Basin; 2. Estimating groundwater recharge/ discharge or channel gain/loss under various hydrological and climate conditions; 3. Simulating and predicting the impact of regional groundwater pumping on the channel loss. The final deliverables of this project include a decision support modeling tool for routine water resources management and planning and a final project report. This project is anticipated to complete in May 2017. ALTERNATIVES: 1. Authorize the execution of the agreement. 2. Do not authorize the execution of the agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Environmental and Strategic Initiatives Department FINANCIAL IMPACT: ® Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $31,340.00 $31,340.00 $62,680.00 Encumbered / Expended Amount This Item $30,000.00 $29,697.00 $59,697.00 Future Anticipated Expenditures This Project $1,340.00 $1,643.00 $2,983.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Environmental and Strategic Initiatives Operating Comments: This project requires approximately two years with anticipated completion in May 2017. The agreement will result in the expenditure of an amount not to exceed $59,697. RECOMMENDATION: City Staff recommends approval of the agreement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Interlocal Agreement Resolution Presentation Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas A&M University Kingsville in the amount of $59,697 for a decision support modeling system for modeling the water resources around the Choke Canyon Reservoir Region of the Nueces River Basin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Interlocal Agreement with Texas A&M University Kingsville in the amount of $59,697 for a decision support modeling system for modeling the water resources around the Choke Canyon Reservoir Region of the Nueces River Basin. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PROJECT BUDGET Choke Canyon Reservoir Region of the Nueces River Basin Interlocal Agreement with Texas A&M University Kingsville FUNDS AVAILABLE: Water Operating FY 2015 $31,340.00 Water Operating FY 2016 31,340.00 TOTAL $62,680.00 FUNDS REQUIRED: Texas A&M University Kingsville (THIS ITEM) $59,697.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 895.00 Engineering Services (Project Mgmt) 1,790.00 Miscellaneous 298.00 TOTAL $62,680.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 LOCA M NOT TO SCALE Nueces River Basin - Project Study Area 8 Orange 04. - Grove iiNall � � T moi►_ Cabaniss FI NNoll Corpus Chrls,A Yargif Weber"; Co Airport Interlocal Agreement with Texas A&M University Kingsville CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1OF1 TE kSASM KI NGSVILLE TEXAS A&M UNIVERSITY-KINGSVILLE INTERLOCAL CONTRACT/AGREEMENT TAMU — Kingsville Contract Number: 15-0101 This Interlocal Contract Agreement is entered into pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, by Texas A&M University -Kingsville, a member of The Texas A&M University System, an agency of the State of Texas, (hereinafter referred to as UNIVERSITY or TAMUK) and The City of Corpus Christi. (hereinafter referred to as CITY), having its principal place of business at 1201 Leopard St., Corpus Christi, Texas 78401. WITNESSETH that the Contractor and CITY, in consideration of the mutual covenants, promises, and agreements herein contained, agree as follows: I. PURPOSE and SCOPE OF SERVICES The purpose of this Contract is for UNIVERSITY to develop and deliver a Decision Support Modeling System for Modeling the Water Resources around the Choke Canyon Reservoir region of the Nueces River Basin. The scope of work is outlined in the attached Appendix A for the UNIVERSITY to furnish all services and deliverables listed. 2. TERM OF THE CONTRACT: This Contract shall commence on or about June 1, 2015 and shall terminate on May 31, 2017. 3. COMPENSATION AND METHOD OF PAYMENT A. This Contract is for the not -to -exceed sum of 559,697.00 (Fifty Nine Thousand, Six hundred and Ninety Seven dollars). B. Payment will be made upon submittal and approval by the CITY of the UN1VERSITY's Invoice(s). C. The total of all payments made against this contract by the CITY shall not exceed $59,697.00 D. Each party paying for the performance of services under this this Interlocal Contract must make those payments from current revenues available to the paying party. E. The UNIVERSITY shall contribute in-kind services identified on Appendix A 4. CONTRACT DOCUMENTS: The contract documents shall consist of the following (listed in order of precedence) A. This Signed Contract/Agreement B. Scope of Work Appendix A. C. CITY Waiver of Liability Appendix B. 5. GOVERNING LAW AND VENUE TAMUK Ca nutlet 15-0101 Page 1 of8 This Agreement is construed under and in accordance with the laws of the State of Texas, and is performable in Kleberg County, Texas; however, by statute, mandatory venue for all legal proceedings against TAMUK is to be in the county in which the principal office of the governing officer is located. At execution of this Agreement, such county is Kleberg County, Texas. 6. SEVERABILITY If any part of this Agreement shall be held illegal, unenforceable, or in conflict with any law, the validity of the remaining portions shall not be affected hereby. 7. ENTIRE AGREEMENT This document constitutes the sole and entire agreement between CITY and UNIVERSITY. This document supersedes all oral or written previous and contemporary understandings or agreements relating to matters contained herein. This Agreement may not be amended or otherwise altered except by mutual agreement in writing. 8. ASSIGNMENT This Agreement is not assignable without express written agreement of CITY andUNIVERSITY. 9. INDEMNIFICATION Subject to the limitations of applicable law relating to Texas governmental entities, UNIVERSITYagrees to defend, indemnify and hold harmless CITY, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, of any nature whatsoever on account of personal injuries, property loss or damage, or any other kind of damage, including expenses of litigation, court costs and attorney's fees, which are arising out of, connected with or resulting from any acts or omissions of UNIVERSITY or any agent, employee or representative of UNIVERSITY in the execution or performance of this Agreement or use or occupancy of any CITY property related to the performance of this Agreement. UNIVERSITY shall at is own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. 10. FORCE MAJEURE Neither party will be responsible to the other for losses resulting from the failure to perform any terms or provisions of this Agreement, except for payments of monies owed, if the party's failure to perform is attributable to acts of war, riot, strike, civil disorder, or other work stoppage, fire, flood, acts of God, or any other aci not within the TAMUK Contract 15-0101 Page 2 of 8 I I. DISPUTE RESOLUTION PROCESS: 12. STATE CONTRACTING REQUIREMENTS control of the party whose performance is interfered with, and which, by reasonable diligence, such party is unable to prevent. A. To the extent Chapter 2260, Government Code, as it may be amended from time to time ("Chapter 2260"), is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by CITY and UNIVERSITY in attempts to resolve any claim for breach of contract made by CITY: (i) CITY's claim for breach of this Agreement that the parties cannot resolve pursuant to other provisions of this Agreement or in the ordinary course of business shall be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, CITY must submit written notice, as required by subchapter B of Chapter 2260, to UNIVERSITY in accordance with the notice provisions in this Agreement. CITY's notice shall specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the claim, the specific contract provision allegedly breached, the amount of damages sought by CITY, and the method used to calculate the damages. Compliance by CITY with subchapter B of Chapter 2260 is a required prerequisite to CITY's filing of a contested case proceeding under subchapter C of Chapter 2260. The officer of UNIVERSITY as may be designated from time to time by UNIVERSITY by written notice thereof to CITY in accordance with the notice provisions in this Agreement, shall examine CITY's claim and any counterclaim and negotiate with C in an effort to resolve such claims. (2) If the parties are unable to resolve their disputes under subparagraph (1) of this Section, the contested case process provided in subchapter C of Chapter 2260 is CITY's sole and exclusive process for seeking a remedy for any and all of CITY's claims for breach of this Agreement by UNIVERSITY. (3) Compliance with the contested ease process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. The parties specifically agree (i) neither the execution of this Agreement nor any other conduct, action or inaction of any representative of either party relating to this Agreement constitutes or is intended to constitute a waiver of CITY's or the State of Texas' sovereign immunity to suit, and (ii) neither party has waived its right to seek redress in the courts. B. The submission, processing and resolution of a claim is governed by the published rules adopted by the Texas Attorney General pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. C. CITY and Contractor agree that any periods set forth in this Agreement for notice and cure of defaults are not waived. CITY certifies that, upon the effective date of this Agreement, either CITY (I) is not delinquent in payment of State of Texas corporate franchise taxes, or (2) is not subject to the payment of such taxes. CITY agrees that any false statement with respect to franchise tax status shall be a material breach, and CITY may terminate this Agreement upon written notice to Contractor. 13. NOTICES Any written notice required by this Agreement shall be mailed first class to the address below: Contractor: Texas A&M University -Kingsville MSC 212 700 University Blvd Kingsville, Texas 78363 TAMtJK Contract 15-0101 Page 3 of 8 Attention: Dr. Rebecca A. Davis (361) 593-3344 Phone (361) 593-3409 Fax E-mail: osr@tamuk.edu CITY: City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 Attention: Mark Van Vleck, P.E. Interim Director of Environmental and Strategic Initiatives (36!) 826-1874 Phone (361) 826-3815 Fax E-mail: MarkVV@cctexas.com 14. NON -DISCLOSURE In connection with performing this agreement, CITY may disclose to UNIVERSITY nonpublic confidential information, business information, technical information and/or ideas identified by CITY as proprietary at the time of disclosure ("Proprietary information") a) UNIVERSITY will hold in confidence or disclose any Proprietary Information except information UNIVERSITY can document (a) is in the public domain through no fault of contractor, (b) was properly known to UNIVERSITY, without restriction, prior to disclosure by CITY, or (c) was properly disclosed to UNIVERSITY by another person without restriction, and UNIVERSITY will not reverse engineer or attempt to derive the composition or underlying information, structure or ideas of any Proprietary Information. The foregoing does not grant UNIVERSITY a license in or to any of the Proprietary Information. b) If progress on this contract is in any way terminated, UNIVERSITY will promptly return all Proprietary Information and all copies, extracts and other objects or items in which it may be contained or embodied, except that UNIVERSITY may securely retain one copy for record purposes. c) UNIVERSITY will promptly notify CITY of any unauthorized release of Proprietary Information. d) UNIVERSITY understands that this statement does not obligate CITY to disclose any information or negotiate or enter into any agreement or relationship. e) UNIVERSITY acknowledges and agrees that due to the unique nature of the Proprietary Information, any breach of this Article 14 may cause irreparable harm to CITY for which damages are not an adequate remedy and that CITY shall therefore be entitled to seek equitable relief in addition to all other remedies available at law. f) The terms of this Article 14 will remain in effect with respect to any particular Proprietary Information for five years until UNIVERSITY can document that it falls into one of the exceptions stated in Paragraph 1 above, whichever occurs first. If UNIVERSITY is legally required to disclose Proprietary Information, UNIVERSITY shall, to the extent allowed by law, promptly give CITY written notice of the requirement so as to provide CITY a reasonable opportunity to pursue appropriate process to prevent or limit the disclosure. If UNIVERSITY complies with the terms of this Section 14g, disclosure by UNIVERSITY of that portion of the Proprietary Information which UNIVERSITY is legally required to disclose will not constitute a breach of this Contract. UNIVERSITY is not required to pursue any claim, defense, cause of action, or legal process or proceeding on CITY's behalf. g) 15. MISCELLANEOUS a) The parties shall abide by the requirements of applicable regulations which prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit TAMUK Contract 15-010! Page 4of8 discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. b) Either party may terminate this agreement at any time upon 30 days written notice to the other party. c) Continuation of the Agreement beyond the current fiscal year of the City is subject to City's annual budget process, 16. INTELLECTUAL PROPERTY a) "Intellectual Property" means all intellectual property, including without limitation, electronic or otherwise, technical information, know-how, copyrights, patents and trade secrets, ideas, thoughts, concepts, processes, techniques, data, development tools, models, drawings, specifications, prototypes, inventions and software. b) "Project IP" means all Intellectual Property that is authored or conceived and reduced to practice under this Agreement. c) Title to any Project IP made or conceived solely by UNIVERSITY personnel vests in UNIVERSITY. Title to any Project 113 made or conceived solely by employees of CITY vests in CITY. Title to any Project 1P made or conceived jointly by employees of both UNIVERSITY and CITY ("Joint IP") vests jointly in UNIVERSITY and CITY. For Joint IP, UNIVERSITY and CITY will be independent owners of any corresponding patent rights under 35 USC 262 with no obligation of accounting to one another, in the absence of a written agreement to the contrary. d) To the extent UNIVERSITY has the legal right to do so, UNIVERSITY shall grant to CITY a nonexclusive, royalty -free license to any UNIVERSITY Project IP developed under this Agreement for CITY's internal use only. 17. PUBLICATIONS. UNIVERSITY, as a state institution, engages only in research that is compatible, consistent, and beneficial to its role and mission, Therefore, significant results of research activities must be reasonably available for publication. UNIVERSITY may publish data, information, and results related to the work performed under this Agreement. During the term of this Agreement and for three years after, UNIVERSITY shall submit any such proposed publication to CITY and CITY will have 30 days to review and comment. UNIVERSITY may not include any Proprietary Information without advance approval by CITY. IS. WAIVER. Prior to accessing CITY property, the UNIVERSITY employee and student shall complete a Waiver of Liability shown in Appendix or other form approved by the CITY ATTORNEY. TAMUK Contract 15-0101 Page 5 of Lt In WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. CITY OF CORPUS CHRISTI TEXAS A�rl UN�E�1 Ci` CiNGSVILLE:te.4 By: By: Name. Mark Van V1eck, P.E. Name: Dr. Rebecca A. Davis Date: Date: 02' 40V—/S.' Title: Interim Director Title: Executive Director, ORSP TAMUK Convect 15.0101 Page 6 of B APPENDIX A A Decision Support Modeling System for Managing the Water Resources around the Region of Choke Canyon Reservoir of the Nueces River Basin Proposed by Dr. Jainhong Jennifer Ren and Dr. Tusher Sinha Department of Environmental Engineering, Texas A&M University -Kingsville Tel: 361-593-2798, Fax: 361-593-2069, Email: jianhong.ren@tamuk.edu Introduction The Nueces River Basin traditionally has complex water management issues related to combined domestic and industrial water supply and demand, prolonged drought conditions, climate induced water management factors, and coastal freshwater inflow management, In recent years, the basin is also experiencing significant unconventional shale development, especially in the Choke Canyon Reservoir area. In addition to the potential threat caused by illegal oil -field waste dumping as has been reported since 2012, concerns about groundwater over pumping to meet the fracing water supply demand and its impact on the water volume storage in the Lake Corpus Christi (LCC)IChoke Canyon Reservoir (CCR) System have also been raised. Since the LCC/CCR currently supplies drinking water for more than 500,000 people in the South Texas region, it is very important to adopt a solid science -based water resources management approach to proactively manage the complex water system in the Nueces River Basin. Proposed Project The science -based water resources management approach should include timely hydrological, hydrogeological, topographical, climatic, physicochemical, land use/land cover, and biological data coupled with effective decision support modeling tools. With this in mind, this proposed project will focus on developing a decision support modeling system for managing the water resources around the region of Choke Canyon Reservoir of the Nueces River Basin. This modeling system will provide the following functionality to the regional decision makers: 1) The model can simulate/predict the interaction of ground water and surface water around the region of the Choke Canyon Reservoir; 2) It can be used to estimate groundwater recharge/discharge or channel gain/loss under various hydrological conditions which are directly related to climatic conditions such as precipitation, evapotranspiration and surface runoff and land use/land cover conditions; and 3) It can simulate/predict the impact of regional groundwater pumping on the channel Toss. Deliverables The ultimate goal of this project is to enhance the robustness and reduce uncertainty of water resources management in the Nueces River Basin. Final deliverables include: 1) A robust and user friendly decision support modeling tool that can be used in routine water resources management and planning; and 2) A final report describing in detail how the tool was developed and how it can be used. BudEet The itemized budget is provided in the following table. A total of $59,697 is requested from the sponsor and the fund will be used to support 0.1 months of Dr. Ren and Dr. Sinha's time and 1 effort for overseeing the proposed project; one half Ph.D. and one half M.S. student support for conducting the proposed project; expenses needed to travel to field sites and meetings with sponsors and other relevant stakeholders; materials and supplies including software licensing fees, report printing, and additional data collection; and 12% indirect costs. A total of $62,096 is provided by TAMU-K as matching funds to support the proposed project. This includes 0.25 months of Dr. Ren and Dr. Sinha's time and effort for overseeing the proposed project; one half Ph.D. and one halfM.S. student support including student tuition for conducting the proposed project; $2,000 for materials and supplies; and 26% unrecovered indirect costs. Timeline The detailed timeline is provided below. The project will be completed in 2 years. During the project period, quarterly meetings with sponsors will be conducted to report project progress and discuss the specification of the final modeling tool in a timely manner. Tasks Regeusted from Git," ofiCC TAM -><GB t om.... Items Year t Year 2 Total Year t Year 2 Total Senior Personnel 52,649 52,725 ' $5,374 $6,083 56,256 $12,339 Student Support 519,663 519,663 F $39,327 $16,950 516,950 $33,899 Travel to Field Sites and Regional Meetings 51,300 51,300 52,600 $0 50 $0 Materials and Supplies 53,000 53,000 ' $6,000 52,000 $0 52,000 Indirect Costs 12% of Facilities & Administrative Costs $3,194 53,203 56,396 50 50 $0 Unrecovered Indirect Costs 50 $0 50 56,919 $6,939 513,858 Total 529,806 $29,890 P 559,697 $31,952 530,144 562,096 Timeline The detailed timeline is provided below. The project will be completed in 2 years. During the project period, quarterly meetings with sponsors will be conducted to report project progress and discuss the specification of the final modeling tool in a timely manner. Tasks Year 1 Year 2 Q1 Q2jQ3 Q4 QI Q2IQ3IQ4 I: Compile hydrological, hydrogeological, topographical, ctimatic, and land use/land cover data 2: Surface water and groundwater model coupling t 3: Model calibration and validation 4: Model user interface enhancement based on stakeholder's input o 5: Final report preparation 6: Model use demonstration and training s= 2 APPENDIX B REQUEST AND WAIVER OF LIABILITY FORM TO BE EXECUTED BY TAMU-K STUDENT In signing this form, 1 , understand and agree to the following: I am requesting permission to access facilities at the for my participation in an engineering project under supervision of Texas A&M University -Kingsville. I understand that unauthorized access to City property and unauthorized disclosure of City records and data are strictly prohibited. 1 acknowledge that unauthorized access to City property or unauthorized disclosure of City records may subject me to civil and criminal penalties. I fully understand that I am not an employee of the City of Corpus Christi. 1 agree to abide by policies of the City (including but not limited to safety policies) and all applicable statutes and ordinances. I agree to wear safety equipment as directed by City staff and City safety training coordinator. I know and realize that my participation in the engineering project may involve exposure to certain risks, I may also be around in fact make use of certain equipment. If any activity presents risks that 1 do not want to take, it is my responsibility to state that concern and make a decision not to engage in that activity. 1 hereby personally accept and assume all risk and responsibility for any harm, injury, or damage that may befall me while I am on City property. I further agree to indemnify and hold harmless the City of Corpus Christi from any lawsuit by me, or my family, heirs, or assigns, arising because of my presence on City owned property or my participation in the engineering project. I agree to RELEASE AND FOREVER DISCHARGE the City of Corpus Christi and its elected officers, employees, officials, and agents, from any and all claims, suits, liability, demands or causes of action on account of personal injury, death, or property damage, incurred by me or a third party, that may arise from or in connection of my participation in the engineering project or my presence on City property. in executing this document, I am expressly binding myself, my heirs, executors, administrators, and assigns by the terms of this release for any claim or cause of action of any kind that may arise as a result of my work, whether caused by a negligent, grossly negligent, or reckless act of the City of Corpus Christi, or its employees, elected officers, officials, agents, or caused by the use of any tangible personal property or equipment. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read it, understand it, and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, have been made; and I execute this Release for full, adequate and complete consideration, fully intending to be bound by the same. Signed by: Date: Printed Name: Address: TAMUK Contract 15.0101 Page 8of8 Corpus Chr sti Capital Programs Choke Canyon Reservoir Region of the Nueces River Basin Interlocal Agreement Texas A&M University Kingsville Council Presentation April 21, 2015 Project Sc ope ‘04 Corpus Chr sti Capital Programs ueces River Basin - Project Study Area Project Schedule koN Corpus Chr sti Capital Programs 2015 2016 2017 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Contract Services Contract Terms: 730 Calendar Days 2 Years June 1, 2015 — May 31, 2017 Reimbursements TOTAL Project Budget Corpus Chr sti Capital Programs FUNDS AVAILABLE: Water Operating FY2015 $31,340.00 Water Operating FY2015 31,340.00 TOTAL $62,680.00 FUNDS REQUIRED: Texas A&M University Kingsville (THIS ITEM) $59,697.00 2,983.00 $62,680.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 AGENDA MEMORANDUM Future item for the City Council Meeting of April 21, 2015 Action item for the City Council Meeting of April 28, 2015 DATE: 3/25/15 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 Resolution approving an Interlocal agreement between the CITY and Tuloso-Midway Independent School District for public infrastructure CAPTION: Resolution authorizing the City Manager or designee to execute all documents necessary to resolve the future funding of streets on the City's Street Master Plan by Tuloso-Midway Independent School District by Interlocal Agreement in relation to a subdivision plat for a new Agricultural Building. PURPOSE: Allow Tuloso-Midway Independent School District (TMISD) to pay its appropriate share of the public infrastructure related to the platting and construction of its new Agricultural Building. BACKGROUND AND FINDINGS: TMISD applied for a plat under the City's Unified Development Code ("UDC)" to build a new building for its student agricultural programs near the district high school. Under the UDC, in order for the plat to be approved, TMISD must comply with the city master plans and other plans, including the master transportation plan, which contains a future extension of Warrior Street along the west property line of the proposed Subdivision called Tuloso Midway High School Agricultural Complex, Block 1, Lot 1, the property being platted. TMISD may spend the public school funds of the District only as provided in Texas Education Code 45.105 for purposes necessary in the conduct of the public schools, and District has expressed concerns about the necessity of the street or of transferring cash at this time under 8.1.13 of the UDC regarding future half streets. The City wishes to facilitate the approval of the plat and construction of the needed facility and is willing to accept an agreement for future funding of the District's portion of the street as required by Texas law, the City's UDC and City Ordinance when future development of adjacent properties and construction of the public street improvement occur, due to the nature of the District's status as a fellow public entity reporting to the local taxpayers. ALTERNATIVES: Denial of the Interlocal Agreement OTHER CONSIDERATIONS: Per Section 8.1.10.b defer street with financial security CONFORMITY TO CITY POLICY: TMISD will build the street in accordance with the City's Street Master Plan, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance OMB FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Fund Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund: Comments: RECOMMENDATION: Staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Resolution Authorizing the City Manager or designee to execute all documents necessary to resolve the future funding of streets on the City's Street Master Plan by Tuloso-Midway Independent School District by Interlocal Agreement in relation to a subdivision plat for a new Agricultural Building. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager or designee is authorized to execute the attached Interlocal Cooperation Agreement for Plat of Agricultural Building between the City of Corpus Christi and the Tuloso-Midway Independent School District ("the District"), which is necessary to resolve the future funding of streets on the City's Street Master Plan by the District as proposed by the District where it would promise to pay its appropriate share of the public infrastructure related to the platting and construction of its new Agricultural Building once actual construction commences due to development of adjacent property, due to the concern over state law funding issues with public school expenses. Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn INTERLOCAL COOPERATION AGREEMENT FOR PLAT OF AGRICULTURAL BUILDING This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, Texas ("City"), a municipal corporation and home -rule city of the State of Texas, acting by and through its governing body, the City Council, and the Tuloso-Midway Independent School District ("District") acting by and through its governing body, the Board of Trustees. RECITALS WHEREAS, District has applied for a plat under the City's Unified Development Code ("UDC") to build a new building for its student agricultural programs near the district high school; WHEREAS, under the UDC, in order for the plat to be approved, the District must comply with city master plans and other plans, including the master transportation plan, which contains a future extension of Warrior Street along the west property line of the proposed Subdivision called Tuloso Midway High School Agricultural Complex, Block 1, Lot 1, the property being platted; WHEREAS, District may spend the public school funds of the District only as provided in Texas Education Code §45.105 for purposes necessary in the conduct of the public schools, and District has expressed concerns about the necessity of building the street or of transferring cash at this time under 8.1.13 of the UDC regarding future half streets; WHEREAS, City wishes to facilitate the approval of the plat and construction of the needed facility and is willing to accept an agreement for future funding of the District's portion of the s eet as required by Texas law, the City's UDC and City Ordinance when future development of adjacent properties and construction of the public street improvement occur, due to the nature of the District's status as a fellow public entity reporting to the local taxpayers; NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, the participating local governments ("Parties"), authorized by appropriate actions of their governing bodies, hereby agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to facilitate the future payment of funds from District for its portion of the cost of the half street needed to comply with the City's master transportation plan as required by Texas law, the City's UDC and City Ordinance when future development of adjacent properties and construction of the public street improvement occur. SECTION 2. CITY COVENANTS a) City will process the District's plat application promptly and work cooperatively with District and District's representatives in this process. b) City will present the Final Plat to the Planning Commission for Approval. c) City will perform ministerial actions necessary to record the plat and related documentation. d) City will expeditiously review District submittals to facilitate issuance of a building permit for the District's agricultural building project. SECTION 3. DISTRICT COVENANTS a) District will comply with City assessments for public street improvements as required by Texas law, City Ordinance and the UDC as provided in 3(b) below. b) In lieu of building the partial street or funding immediately a share of the cost for the future half street to be located adjacent to the agricultural building property, District promises to pay to City at the time of construction of the public half -street improvement the correct amount of District's share of the cost for the half -street as required by Texas law, the City's UDC and City Ordinance, and within 60 days of notification from the City of actual development of adjacent property and construction of the public street improvement . c) District will dedicate required right-of-way on plat per the Future Transportation Map for future road. SECTION 4. FUNDS AND PAYMENT. Each Party which performs services under this Agreement shall do so with funds available from its current revenues. SECTION 5. INTERLOCAL COOPERATION ACT. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. This Agreement is made under chapter 791 of the Texas Government Code. Page 2 of 5 SECTION 6. EVEVIUNITY NOT WAIVED. Nothing in this Agreement, including the execution and performance of the covenants contained in this Agreement, is intended to or may constitute a waiver or limitation of any governmental, official, or other immunity, defense, or other protection afforded under state and federal law to any Party or its officers, employees, representatives, and agents. SECTION 7. TERM OF AGREEMENT. This Agreement shall begin on the final date of execution by all Parties. SECTION 8. AMENDMENTS TO AGREEMENT. Unless otherwise provided herein, this Agreement may only be amended by written instrument duly executed on behalf of each party. The City authorizes the City Manager and the District authorizes the Superintendent to execute subsequent amendments, limited to non -substantive modifications that do not require the appropriation of funds, without further approval from the governing bodies. SECTION 9. NOTICES. All notices required or permitted hereunder shall be in writing and shall be deemed properly delivered when actually received or, if earlier, on the seventh (7th) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested), addressed to the respective other Party at the address prescribed below, or at such other address as the receiving Party may have theretofore prescribed by notice to the sending Party: City: City of Corpus Christi Attn: City Manager Post Office Box 9277 Corpus Christi, Texas 78469-9277 SECTION 10. ENTIRE AGREEMENT. District: Tuloso-Midway Independent School District Attn: Superintendent of Schools 9760 La Branch Street Corpus Christi, Texas 78410 This Agreement, representing the entire agreement between Parties, supersedes any and all prior agreements between Parties, whether written or oral, relating to the subject matter of this Agreement. No officer or employee of either Party may waive or otherwise modify the (imitations in this Agreement without the express action of the governing body of the Party or its duly authorized agents. Page 3 of 5 SECTION 11. SEVERABILITY. In the event any term, covenant, or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or condition herein contained, provided that such invalidity does not materially prejudice either City or District in their respective rights and obligations contained in the valid terms, covenants, or conditions hereof. To this end, the remaining terms, covenants, and conditions hereof are severable and continue in full force and effect. SECTION 12. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the validity or enforceability of any provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations. As so modified, this Agreement continues in full force and effect. SECTION 13. LAWS AND VENUE. City and District shall comply with all federal, state, county, and local laws, ordinances, rules, and regulations applicable to this Agreement and each Party's respective performance thereunder. This Agreement shall be interpreted according to Texas laws governing the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas and be in accordance with the Texas Rules of Civil Procedure. SECTION 14. CAPTIONS. Captions to provisions of this Agreement are solely for convenience and shall not be considered in the interpretation of any provision. SECTION 15. NON -ASSIGNMENT. District shall not assign or transfer, in whole or in part, directly or indirectly, any of its rights or obligations hereunder without the prior written consent of City, and any attempt of assignment or transfer without such consent shall be void. However, this Agreement is binding upon the parties to this Agreement and their respective successors in office. Page 4 of 5 SECTION 16. WARRANTY. Each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to the Agreement. CITY OF CORPUS CHRISTI TULOSO MIDWAY INDEPENDENT SCHOOL DISTRICT (Date) City Manager/Designee A'1"1'EST: Rebecca Huerta City Secretary APPROVED AS TO FORM: (Date) City A rney's Office Paul ostella (Date) President, School Board of Trustees Dr. Sue Nelson (Date Superintendent Page 5 of 5 STATE OF TEXAS NOTES COUNTY OF NUECES ALL SUR, NG WAS PERFORMED ID COV ND DEVELOPMEN LLC, FROM GPS OBSERVA ONS. H S TS THE CONDITIONS THAT EXISTED AT THE TIME OF THE SURVEY CONDUCTED WE, TULOSO MIDWAY PENDENT SCHOOL DISTRICT,EHEREBY C H 'NE '6' REPRESENTS LANDS EMBRACED WITHIN THE BOUNDARIES EO THE FOREGOING PIAT, THAT SE HAVE HAD SAID UNE 2 ENT OF THE UNIFIED DEVELOPMENT COEPND IS SURVEYED AND SUBDIVIDED AS SHOWN RE SUBJECT ECHANGEE AS THE DEPICTED MAY ACHANGE, DEDICATED TO THE PUBLIC USE FOREVER AND THAT THIS PLAT IS MADE FOR THE PURPOSE OF REM TI $TORN WATER RUNOFF FROM THI5 PROPERTY 15 THE 050 CREEK, THE DESCRIPTION AND DED CA ON. TCEO HAS NOT CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO CREEK. BUT IS IT RECOGNIZED AS ENVIRONMENTALLYAN THE OSO BAY. THE THIS THE DAY OF 2015 TCEOHAS CLASSIFIED THE SAQUATIC E LIFE HUSE SFOR CREEK OSOWBAY ASC"EXCEPTIONAL" AND "OYSTER WATERS- AND CATEGORIZED THE RECEIVING WATER AS "CONTACT RECREATION" USE, DR. SUE NELSON, SUPERINTENDENT STATE OF TEXAS COUNTY OF NUECE5 BEFORE ME TUE UNDERSIGNED AUTHORITY, ON TUG DAY PERSONALLY APPEARED DR. SUE NELSON. KNOWN 70 ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT OF WRITING AND ACKNOWLEDGED TO ME THAT SHE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN TUE CAPACITY THEREIN GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 2015 NOTARY PUBLIC STATE OF TEXAS COUNTY OF NUECES 4. THIS PROPERTY LIES WITHIN FLOOD ZONE C. 5 THIS PROPERTY IS ZONED RS- 6 6, THE TOTAL PLATED AREA CONTAINS 15.00 ACRES OF LAND INCLUDING STREET DEDICATION. 7. OWNER: TLILOSO MIDWAY INDEPENDENT SCHOOL DISTRICT. b THIS SITE IS UNDER THE APPROACH TO THE CORPUS CHRISTI INTERNATIONAL AIRPORT RUNWAY AND WILL RE SUBJECT TO AIRCRAFT OVERFLIGHT AND NOISE. 9. BEARINGS SHOWN ARE RECORD BEARINGS. LEGEND 0 FOU D 5/0" IRON ROD • SET 5/e" IRON ROD I. GEORGE RUBALCABA. A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS. HEREBY STATE THAT ,E FOREGOING MAP WAS PREPARED FROM SURVEYS MADE 9N THE GROUND UNDER ON AND IS TRUE AND CORRECT, THAT I HAVE BEEN ENGAGED UNDER CONTRACT TO SET ALL LOT AND BLOCK GARNERS AS SHOWN HEREON AND TO COMPLETE SUCH OPERATIONS WITHOUT DELAY, THIS THE DAY OF 2015 GEORGE RUBALCABA RPLS #4229. LSLS STATE OF TEXAS COUNTY OF NUECES THIS FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRISTI. TEXAS BY THE PL,,,NNINC COMMISSION. THIS THE DAY OF 2015 DANIEL M. IMSBO, P.E.. A.I.CP. PHILLIP J. RAMIREZ, AI.A, LEER AP. CHAIRMAN SECRETARY STATE OF TEXAS COUNTY OF NUECES IS FINAL PUT OF THE ryE O E HEREINDESCRIBED PROPERTY WAS APPROVED BY THE DFA THIS THE DAY OF 2015 TEMPLE T. WILLIAMSON, P.E. DEVELOPMENT SERVICES ENGINEER STATE OF TEXAS COUNTY OF NUECES 30 LOT 84 35' STREET DEDICATION o -'6EATY, SEALE & FORWOOD SURVEY N0. 417 ABSTRACT 571 VEN DRIVE McKINZIE ROAD LOCATION PLAN SCALE: NT TLILOSO MIDWAY ISD LOT 1A, BLOCK MORGAN SCHOOL TRACT VOL AGE SE 319 30^ DRAINAGE929,P&C. 4ROAD EASEMENT �CT-LOT 61 KO 4 I � � DKEDICAiION I. WAUTHENTICATION KARA SANDS. CLERK OF THE COUNTY COURT IN AND FOR THE COUNTY.DO HEREBY CERTIFY THAT THEFOREGOING FILE RECORDFOR DULYRECORDED MY TOFFICE HETHE DAY OF 2015 AT DAY OF 2015 AT O'CLOCK O'CLOCK MIN SAID COUNTY IN VOLUME PAGE . MAP RECORDS WITNESS MY HAND AND SEAL OF THE COLIN, COURT, IN AND FOR SAID COUNTY, AT OFFICE IN CORPUS CHRISTI, TEXAS, THE DAY AND YEAR WRITTEN N0. KARA SANDS. COUNTY CLERK NUECES COUNTY. TEXAS AT OCLOCK M. BY DEPUTY RI EAST DRAINAGE EASEMENT CLVOL52207. PG. 4778 HAVEN DRIVE (70 R.O.W.) 20 STREET --- DEDICATION -30' DRAINAGE AND ROAD EASEMENT COUNTYANNIE BLAKE MORGAN HEAD TO T TEXAS VOL929. PG. 143, D.RANEC OF 15.00 ACRES LOT 1, BLOCK 1 APPROX LOCATION OF LIIIME CLERK SFILE&REN 4414NOMPANv 754CVOL 711 PG 1 LOT 61 5' EASEMENT SOUTHWESTERN BELL TELEPHONE COMPANY CLERK20 L EPGo73179314. D RLN19 LOT 60 VOL 3, PG 41 2015 Li: NO2'08'35"E 100.13' L2: N00'43'09"W 85.02' C1: p=89'54'42" R=15.00' 110 CH-N44'14'12"E SCALE: 1-9 IOC ADAMS, BEATY & MOULTON SURVEY X ABSTRACT 554 LOT 61 PLAT OF TULOSO MIDWAY HIGH SCHOOL AGRICULTURAL COMPLEX LOT 1, BLOCK 1 OF RECORD IN VOLUPE PACE 91 OF THE .P RECORDS OF PPECES COPT. TEXAS ALSO HMO POPTION OFFICIAL PEP.. OF COLTITP. T.A5 ER TRACT IVE FREM PNARCEL ONE (1) DOC. No. 2008044426 OUT OF ADAMS. EAT q& MOULTON SURVEY A- 554, NUECES COUNTY, TEXAS EIDI�tcAv®v CITY / TULOSO-MIDWAY ISD INTERLOCAL AGREEMENT AERIAL LOCATION MAP N 1852 OPO �� AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 21, 2015 Second Reading Ordinance for the City Council Meeting of April 28, 2015 DATE: April 3, 2015 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a check from the Port of Corpus Christi Authority in the amount of $20,000.00 as a donation to train firefighters in marine firefighting from the landside. CAPTION: Ordinance authorizing the City Manager or designee to accept a donation from the Port of Corpus Christi Port Authority for $20,000.00 to be used to train firefighters in marina firefighting from the landside; and appropriating $20,000.00 from the Port of Corpus Christi Authority into the Fire Grant Fund No. 1062. PURPOSE: The Port of Corpus Christi Marina has forwarded to the Corpus Christi Fire Department a check in the amount of $20,000.00 as a donation for firefighting training. The funds are to be used exclusively for marine firefighting from the landside. No application was required. ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT: o Operating o Revenue o Capital o Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $20,000.00 $20,000.00 BALANCE $20,000.00 $20,000.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the donation and appropriate the funds in the amount of $20,000.00. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance authorizing the City Manager or designee to accept a donation from the Port of Corpus Christi Port Authority for $20,000.00 to be used to train firefighters in marina firefighting from the Iandside; and appropriating $20,000.00 from the Port of Corpus Christi Authority into the Fire Grant Fund No. 1062. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a donation from the Port of Corpus Christi Port Authority for $20,000.00 to be used to train firefighters in marina firefighting from the Iandside. SECTION 2. That $20,000.00 from the Port of Corpus Christi Port Authority is appropriated in the Fire Grant Fund No. 1062 to be used to train firefighters in marina firefighting from the Iandside. 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 21, 2015 Second Reading Ordinance for the City Council Meeting of April 28, 2015 DATE: April 6, 2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Acting Director StacieT@cctexas.com 361-826-3460 Amendment to the Park and Beach Vendor Ordinance CAPTION: Ordinance amending Chapter 38 of the City Code of Ordinances regarding park and beach vendors. PURPOSE: Update ordinance to reflect the revised process for assigning vendors to specific locations at parks and beaches and to strike the words "on a first come, first served basis" from the ordinance. BACKGROUND AND FINDINGS: In response to the growing food truck industry and requests from new vendors for permits, the Parks and Recreation Department has revised the park and beach vendor permitting process to sell approved items at specific park and beach locations such as Cole Park, McGee Beach, McCaughan Park, North Beach and the Gulf Beach. Previously, vendors were issued permits on a first come, first serve basis that provided little or no opportunity for new vendors to secure a spot in popular parks or beaches. With the new process, interested vendors must submit an application by the posted deadline to be considered for a location and season. If multiple vendors are interested and qualify to be considered for the same location, a lotto drawing will determine who is awarded the permit. Permits will be issued for 6 -month increments. ALTERNATIVES: Do not approve the amendments to the ordinance. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all amendments to ordinances. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 0.00 0.00 BALANCE 0.00 0.00 Fund(s): Comments: none RECOMMENDATION: Staff recommends that the Council approve the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 ORDINANCE AMENDING CHAPTER 38 OF THE CITY CODE OF ORDINANCES REGARDING PARK AND BEACH VENDORS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Chapter 38 of the City Code of Ordinances regarding the park and beach vendors is revised to delete the struck through text, shown as follows: • "Sec. 38-19. - Park and beach vendors—Special regulations. (a) Gulf of Mexico beach vendors are subject to the requirements of article VI, chapter 10, and the sections of this article, except section 38-19. (b) No permit shall be issued to any vendor to operate his business and no vendor shall vend in or upon any public park or beach along Corpus Christi Bay, Nueces Bay, or the Laguna Madre (hereinafter, for the purposes of this section, "bayfront beach" or "bayfront beaches") or from or upon other public grounds in the city except as follows: Vendors shall be permitted to operate in or upon public parks and beaches in the city, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article: (1) The director of parks and recreation may establish designated vendor sites for public parks and beaches within the city, taking into account the following factors: a. Primary use and users of the particular park or beach. b. Pedestrian and vehicle traffic flows and congestion. c. Parking facilities. d. Availability and location of permanent city contractual concessions and other permanent facilities. (2) The designated vendor sites shall be assigned in conjunction with the issuance of any vendor permit under this article to operate in or upon a public park or beach, on a first come, first servcd basi&. Vendor sites may not be "reserved" in advance of permit issuance. No vendor assigned to a designated vendor site shall vend in or at any other location within the park or beach area except the assigned site. (3) Designated vendor sites shall be limited in size and number in accordance with the considerations established in paragraph (1) of this section. (4) Mobile vending units shall be permitted upon the roadway portions of public beaches subject to all applicable provisions of section 38-14 of this article. (5) No mobile vending unit shall stop to vend in or otherwise obstruct the traveled portion of any public beach, which portion shall for purposes of this section be 2 deemed a street. Vending units shall stop at least ten (10) feet from the said traveled portion for conducting business. (6) Vending of Gulf of Mexico beaches shall be governed by the provisions of chapter 10 of the Code of Ordinances. " (Ord. No. 18788, § 1, 4-9-1985; Ord. No. 24738, § 1, 1-22-2002; Ord. No. 24740, § 1, 1-24-2002) SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This Ordinance takes effect on date of final Council action. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 3 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 21, 2015 Second Reading for the City Council Meeting of April 28, 2015 DATE: March 4, 2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, AIC Director StacieT@cctexas.com 361-826-3476 Corpus Christi Police Athletic League lease renewal for Ben Garza Field and Clara Driscoll Field CAPTION: Ordinance authorizing the City Manager, or his designee, to execute five-year lease agreement with Corpus Christi Police Athletic League for the use of Ben Garza field located at 1815 Howard, including sublease of Clara Driscoll Field located at 4235 Baldwin, for baseball program. PURPOSE: To renew the Corpus Christi Police Athletic League lease for Ben Garza Field for 5 years. Also to renew the sublease of the Clara Driscoll Field, through the end of the Master Lease, as may be amended or extended, however, not to exceed 5 years. BACKGROUND AND FINDINGS: The Corpus Christi Police Athletic League desires to renew their lease from 2011 with the City for their youth baseball program played at Ben Garza Field and Clara Driscoll Field. ALTERNATIVES: Do not approve the lease agreement OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Action is required by City Council to renew the Corpus Christi Police Athletic League Lease for 5 years. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 0.00 BALANCE 0.00 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Page 1 of 1 Ordinance authorizing the City Manager, or his designee, to execute five-year lease agreement with Corpus Christi Police Athletic League for the use of Ben Garza field located at 1815 Howard, including sublease of Driscoll Field located at 4235 Baldwin, for baseball program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT SECTION 1. The City Manager or his designee is authorized to execute a five-year Lease Agreement with Corpus Christi Police Athletic League, a Texas non-profit corporation, for the use of Ben Garza Field located at 1815 Howard, including sublease of Driscoll Field located at 4235 Baldwin, for its baseball program. A copy of the agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRtSTI AND CORPUS CHRtSTI POLICE ATHLETIC LEAGUE This lease agreement ("Lease") is entered into by and between the City of Corpus Christi. a Texas home rule munidpai corporation ("City"), acting through its duly authorized City Manager or designee ("City Manager"), and Corpus Christi Police Athletic League, Inc. ("Lessee"), a Texas nonprofit corporation, acting through Its duly authorized President of Lessee. WHEREAS, the City owns Ben Garza Park, and leases Clara Driscoll Field, all as described on the attached Exhibit A, which said property is located in Corpus Christi, Nueces County, Texas, a portion of which will be known as the "Premises"; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached Exhtbit A, beginning on day of City Council approval, ("Effective Date") which is , unless sooner terminated as set out herein. Upon Effective Date, this lease terminates the prior leases between the parties for use of said Premtses. Section 2. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ("Director"). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ("improvements") including, without limitation, the fields, fences, irrigation systems, and the grassed areas. The parties acknowledge that although this instrument is characterized as a "lease`, it is dear that the City's Interest in the Premises for Driscoll Field is a leasehold estate which the City acquired as lessee under a Master Lease with the Driscoll Foundation, ("the Master Lease") a copy of which has been provided to Lessee. Thus, with respect to Premises for the Driscoll Field, this lease is actually a sublease from the City to Lessee and the term far use of Driscoll Reid is further limited to the term of the Master Lease. Lessee agrees to comply with all terms of the Master Lease which is incorporated by reference as If fully set out herein. Section 4. Consideration. Lessee must operate the program described on Exhibit A and must maintain the Premises and all improvements on a year-round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. (B) Lessee shall keep fully operational and in good repair the fields, and irrigation systems, if any are present or installed on the Premises. (C) Lessee must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. (D) Lessee shall ensure that parking is confined to on -street parking only, or designated parking lots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. (E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the fields as set out in herein below. Furthermore, Lessee will be responsible for maintaining 1 the grass in the adjacent viewing/access areas at a safe height not to exceed six (6) Inches; (F) Lessee shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Lessee must mow the fields within one (1) week after grass reaches three (3) inches in helghL At least one month prior to the start of any season or pre -season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; (G) if Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Lessee must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty-eight (48) hours after the need for repair is or should have been discovered; Lessee shall not allow use of the Premises until the anchoring system is repaired; (H) Lessee is responsible for proper installation and use of all equipment and improvements at Premises; (I) Lessee must maintain First Aid kit on Premises; (J) Lessee shaft complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. Section 5. Comptiance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. if an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. if Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10%) overhead within thirty (30) days of receipt of the Director's Invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Sectton 6. Sportsmanship Program. Lessee shall require that alt of its coaches and at least one family member of each youth participant shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. Sectton 8. Asetnnment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Any tournament or activity allowed to take place by Lessee at the Premises shall be the responsibility of Lessee to indemnify and Insure at same terms and conditions as provided in this agreement. Section 9. Securing/Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, In writing, prior to the change, alteration or modification being made. Section 10. Understanding Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and ail Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use. (A) City retains joint use of the Premises and improvements during the term of this Lease, subject to 2 Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utlilty lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and/or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and/or easements to minimize damage to the Premises and/or its improvements. Section 12. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's Insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soli surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any improvements without Director's prior written approval. if approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the Insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the improvements. (B) Ali additions or alterations must be made at Lessee's expense. AD additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any improvements. Ali additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of Clty without necessity of any legal action. Section 14. Utilities. Lessee must pay for al! utilities used by It or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bili on or before the due date is grounds for termination of this Lease. Lessee must comply with applicable water conservation standards. in an effort to ensure that fields are maintained in accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar year. Section 15. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any improvements without the Director's prior written approval. (B) if Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. if the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect lo terminate this Lease after ten (10) days written notice to Lessee. Section 18. Advertising. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non -Discrimination. Lessee shall not discriminate nor permit discrimination against any 3 person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non- discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State. and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) Ali actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 20. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. if the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay ail of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, indemnitors) covenant to fully Indemnify, save, and hold harmless the City, and the Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation and their officers, employees, representatives, and agents (collectively, tndemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and Judgments asserted against or recovered from Clty on account of Injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or Injury may be incident to, arise out of, be caused by, or be In any way connected with, either proximately or remotely, wholly or In part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, partielpaton with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or Implied Invitation or permission of Lessee (collectively, Lessee's tnvitees) entering upon the Premises or its improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice es a spectator or participant Including, but not limited to, any injury or damage resulting, wholly or In part, proximately or remotely, from the violation by indemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage In any other way and including all expenses arising from litigation, court costs, and attomeys fees, which arise, or are claimed to arise from, out of, or In connection with the asserted or recovered incident. Lessee covenants and agrees that If Clty is made a party to any Iftgation against Lessee or In any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense. Investigate al! claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and Incorporated herein by reference. Failure to maintain such insurance at the Omits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of insurance meeting the limits and requirements set 4 out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Mapagement thirty (30) days written notice of cancellation, intent not to renew, or material change of any Insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty If the City Manager determines, In his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) in addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty try giving thirty (30) days written notice to the non -terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. if it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 25. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postai Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postai Service. All such communications must only be made to the following: IF TO CITY: tF TO LESSEE: City of Corpus Christi Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469-9277 Name and address on Exhibit A Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors. and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of 5 this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Section 28. Construction and Reconstruction Funds. (A) if the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing ail rights to use the Premises and improvements during the construction or reconstruction period is the City's construction or reconstruction of the improvements for Lessee's benefit. (C) Once construction or reconstruction of the improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and improvements are once again available to Lessee. (D) Lessee's term will not change nor Increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Watver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) if any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (0) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. it is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force Maieure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control Including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will 6 be temporarily suspended during this period to the extent performance Is reasonably affected. Section 32. Publlcatton. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability. (A) if, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent Jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826-3461 and talk to the Parks Director, or designee. Section 36. Entirety Clause. This Lease and the attached and Incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. Ali other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED tN DUPLICATE, each of which shall be considered an original, on this the day of , 2015. CITY OF CORPUS CHRISTI Bv: Name: Title: Approved as to legal form: j (y / 2.D1 5 i�--t-a-r By: Lisa Aguilar, Assistanf.,ty Attorney for the City Attorney 7 LESSEE: Corpus Christi Police hieiic Lague gy:tt .' President Printed Name: (A Date: 2-/ i N kS STATE OF TEXAS COUNTY OF NUECES This strurr{ent was acknowledged before me on Li � l , 2015, by 4.4 i President of Corpus Christi Police Athletic Le4gue, a Texas non-profit corporation, on behalf o said organization. +-/N• ad f� Notary Pubiic, State of Texas Printed name: IL • J 615 [ crf�- Commission expires: cry ? 2 °• 7!1 f ? EXHIBIT A Property Description: Lease of field located at Ben Garza, 1815 Howard Sublease of Clara Driscoll Field located at 4235 Baldwin Term: Five Years from date of final City Council approval for Ben Garza field. For Clara Driscoll Field, through end of the Master Lease, as may be amended or extended, however, not to exceed five years from date of final City Council approval. Program to be operated by Lessee: Youth baseball Notice Address for Lessee: Corpus Christi Police Athletic League Attn: President P. 0. Bo 9572 Corpus Christi, Texas 78469 9 EXHIBIT B Site map 10 a. 1 • • LEGEND rriv/Arfre, ii► 4 • .. ,. CORPUS CHRISTI POUCE ATHLETIO LEAGUE Exhibit g-1 • domboININNEMI • •. I • • • • • • seg GARZA PARK COW CH= PARK & RECREATION' ......�.:�r.�....,,^n..:r.....� . i°wo4TY` ti—: • • • i • • • • . . - • • • mum ST. • • { 1e . • en Exhibit iS— ? • • ; . �i %I 1141 .4 it le 1 1 4.1 la 1\ V \ a. - • r. r10 W • r rr- ... J11 N Y- S • i r0;•.••= atpa r, • ! &Azar .)asrd ,4'.sWMr..r , •ria —dove: •.I L I_ "sx .1 I ; •��a 1 s11OIDD • r t 1 EXHIBIT C INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until ail similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, end a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non -renewal, material change or termination is required on all certificates. Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 8. Independent Contractors 7. Personal injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of insurance: • The City of Corpus Christi and the Robert Driscoti and Julia Driscoll and Robert Driscoll , Jr. Foundation must be named as additional Insureds on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • if your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the warding after "left". .in lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be fisted under "Description of Operations". • At a minimum, a 30 -day written notice of cancellation, material change, non -renewal or termination is required. B. if the Certificate of insurance on its face does not show on its face the existence of the coverage required by items 1.B (1H7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.8. (1)-(7) are included or excluded. it EXHIBIT 0 - STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: Ali Leagues must complete this self -inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the lease. Each league is responsible for their self inspection. if the Inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs am necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soli is too loose to provide good running traction. [] [ 1 2. The soil surface is not loose enough around sliding zones for safe sliding. (] [ 1 3. The soli is too abrasive for safe sliding. [ ] [] 4. The soil is too compacted to provide good drainage. [ ] [ 1 5. Running paths and sliding zones near bases have become wom and need to be leveled off. (] ( 1 B. Batter's box and home plate areas have become wom and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become wom and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, holes, or is not level and should be dragged/re-graded. [ ] [ ] 9. There is a hazardous soli buildup (lip) between the skinned area and the turf. [] [ ] 10. The skinned area has unsafe wet spots and/or puddles. [ ] [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ 1 ( 1 12. Coach's box is not level with surrounding area. [ ] [] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [] [] 1. The mound does not conform to league requirements. [] [] 2. Platform area behind the rubber is not large enough. [] [ ] 3. "Push off' and "landing" areas are not constructed with specialized clay. 12 [] [ ] 4. "Push-ofr and 'landing' areas are dished out and need repair. [] (] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [] [] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [] [ ] 2. Litter and unsafe debris is scattered around the field and player/spectator areas. [ ] [ ] 3. The supply and location of waste cans is inadequate. [ ] [] 4. Sprinkler heads, drainage grates, valve boxes, etc. In the field are above grade or have sharp edges or unsafe protrusions. [] [] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light pasts, bleachers, etc. [] [] 6. Our facility does not comply with industry recommended field design specifications. COMMENTS BASES AND ANCHORING: Yes No [ ] [ ] 1. The base coverings have unsafe rips or gouges. [ ] [] 2. The base framework or hardware is loose or damaged. [ ] [] 3. The base ground stake is unsafety protruding above the surface grade. [ ] [] 4. The base ground stake is out of alignment or not level with the surface. [ ] [ ] 5. The base ground stake is not firmly secured in its concrete footing. [I [] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement [] [] 7. The bases do not seat properly with the ground elevation or they are seated loosely. [] [] 8. The concrete footings have rounded edges and may twist out of place in the ground. [] [ ] 9. The surface of home plate is not level with the surrounding surface. [] [ ] 10. The surface of home plate is wom or irregular. [7 [ ] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [ ] [ ] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS 13 Yes No [] [ ] 1. The signs are in good condition and property Installed. COMMENTS FENCING Yes No [] (] 1. Fence posts are loose or improperly set in the ground. [] [] 2. Fence posts are on the inside of the playing area fence. [ ] [ ] 3. Concrete footings are exposed above ground. (] (] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [] [] 5. There are unsafe gaps under fencing. [] [] 6. There is no bottom tension wire or raising to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [] B. Wire ends of chain link fencing are exposed along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. (] [] 10. Gates are left open during games. [] [] 11. There are Unsafe gaps in the backstop or netting with worn out boards or fencing. [] [] 12. Backstop does not meet industry recommended specifications. [] [] 13. There is no warning track or warning track is In unsafe condition. COMMENTS TURF AREAS Yes No [ ] [ ] 1. There are unsafe bare spats in turf with a hard soil surface exposed. [ ] [] 2. The surface is uneven because of soil grade. [ ] [ ] 3. Soil is too wet or drains poorly making an unsafe running surface. [ ] [ ] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ ] [] 5. Turf irrigation comes an during games. [ ] [] 6. Turf is not stable and "blow -outs" frequently occur. [ ] [] 7.Weeds are present with thorns, bristles, or burrs. [ ] [] B. Moles, gophers or other animals have caused mounds or holes. [] [] 9. Hazardous ruts occur on the field from mowing equipment or trenching. [ ] [] 10. Permanent materials used to mark foul lines (Le., white boards or fire hose) are protruding from the surface. COMMENTS 14 LIGHTING Yes No [] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [] [] 3. The beam direction of the lights am out of adjustment [ ] [] 4. The lighting grid pattern on the field Is uneven or irregular. [] [ ] 5. The lighting foot -candies do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [ ] 2. The guard rails are loose or missing. [] [] 3. The plank or railing end caps are loose or missing. [ ] [] 4. Wooden planks are worn out or splintered. [ ] [] 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ ] [] 2. The chalking material used is irritating to the eyes. [ ] [] 3. There are no warning signs posted Informing players or spectators of use rules or hazardous conditions. [] [] 4. There are no public telephones available for emergency situations. [] [] 5. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 15 AGENDA MEMORANDUM Future item for the City Council Meeting of April 14, 2015 Action item for the City Council Meeting of April 21, 2015 DATE: March 26, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities G ustavogo@cctexas. com (361) 826-3897 FROM: Valerie H. Gray, P. E., Executive Director of Public Works Valerieq@cctexas.com (361) 826-3729 CAPTION: Jerry Shoemaker, P. E., Acting Director of Capital Programs Jerrys2@cctexas.com (361) 826-3516 Stacie Talbert-Anaya, Interim Director of Park & Recreation StacieT@cctexas.com (361) 826-3476 Approving the sale of .169 acres of City Land for use in Bordeaux Place Unit 4 Ordinance approving the sale of a narrow strip of land -- 0.169 acres out of the City's 4.39 acre tract to MPM Development, LP (Developer) for the amount of $7,600.00, for the use in constructing future street right-of-way necessary for Developer's proposed Bordeaux Place Unit 4 Subdivision development and associated plat; and authorizing the City Manager or designee to execute a Real Estate Sales Contract, Special Warranty Deed, and all closing documents necessary for the sale and conveyance. PURPOSE: MPM Development, LP (Developer) desires to plat and construct a new subdivision called Bordeaux Place Unit 4. A portion of the City's land is needed in order for the developer to construct a collector street that is shown and required by the Master Transportation Plan. The City has negotiated the sale of .169 acres of its land to the developer and requires that a Real Estate Sales Contract be executed by both parties in order to close the sale. BACKGROUND AND FINDINGS: The City acquired 4.39 acres of land in 2008 located southeast of Brighton Village Park. The land was purchased with Park Enrichment Funds for future use in combining the 4.39 acres with the existing Brighton Park and creating a regional park to serve various subdivisions in the immediate area. The 4.39 acres were not formally dedicated nor developed as City parkland and do not require the Voter Referendum clearance for sale. The shape of the City's land was configured so that the existing Brockhampton Street would curve eastward and connect with Airline Road. The east part of the 4.39 acre site contained a curve which produced a sharp, unusable area. The Master Transportation Plan was revised so that Brockhampton would not only connect with Airline, but would also swerve southward towards Lipes Boulevard. This proposed extension would also provide full access to the City's remaining land, which at the present time doesn't have adequate access. The proposed intersecting street configuration shown on the plat requires a portion of the City's 4.39 acres as shown on the attached Location Map. MPM Development, LP is proposing to re -zone and re -plat the adjacent land they purchased in 2014 for the future residential subdivision called Bordeax Place Unit 4. In order to construct the Brockhampton Street extension, they need a .169 acre portion of the City's land as shown on the attached Bordeaux plat. Their plat has been submitted to Development Services which is processing a re -zoning case and a future presentation to the Platting Commission for plat approval. The City has obtained an appraisal of the land and has negotiated the sale of .169 acres for the amount of $7,600, based on the land value of $45,000 per acre. The City acquired the land in 2008 for $36,000 per acre. As per the Texas Local Government Code, Section 272.001(b)(1), narrow strips of land or land because of its shape can be sold to abutting property owners. A Real Estate Sales contract has been executed by MPM Development and is pending approval by City Council. Upon Council approval, the contract will be escrowed and closed at the First American Title Company on Holly Road. ALTERNATIVES: 1. Execute the Real Estate Sales Contract with MPM Development, LP. (recommended). 2. Do not execute the Real Estate Sales Contract and deny the sale, preventing the Brockhampton Street extension and construction. (not recommended). CONFORMITY TO CITY POLICY: The Real Estate Sales Contract is permitted by City Charter, Article X, General Powers and Provisions Section 1(a)(9) to sell, lease or otherwise convey city property, real or personal. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Capital Programs and Park & Recreation Departments FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget $0.00 $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $0.00 $0.00 $0.00 Future Anticipated Expenditures This Project $0.00 $0.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 $0.00 RECOMMENDATION: City staff recommends passage of the Ordinance approving the Real Estate Sales Contract. LIST OF SUPPORTING DOCUMENTS: Location Map Bordeaux Plat Ordinance Real Estate Sales Contract Ordinance approving the sale of a narrow strip of land -- 0.169 acres out of the City's 4.39 acre tract to MPM Development, LP (Developer) for the amount of $7,600.00, for the use in constructing future street right-of-way necessary for Developer's proposed Bordeaux Place Unit 4 Subdivision development and associated plat; and authorizing the City Manager or designee to execute a Real Estate Sales Contract, Special Warranty Deed, and all closing documents necessary for the sale and conveyance. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council finds that the subject 0.169 acres of land out of the City's 4.39 acre tract located in the Brighton Village Park area ("the Property") is a narrow strip of land or land that because of its irregular shape, lack of access to public roads or small area cannot be used independently in its current location and is therefore appropriately sold to MPM Development, LP, the adjacent property owner. SECTION 2. The City Council approves of the sale of the Property to MPM Development, LP (Developer) in the amount of $7,600, for Developer's use in constructing a future street right-of-way as shown in the Developer's proposed Bordeaux Place Unit 4 subdivision plat (attached). SECTION 3. The City Manager or his designee is authorized to execute a real estate sales contract, special warranty deed, and all related documents necessary to complete the sale and conveyance of the Property. That the foregoing ordinance was read for the first time and passed to its second reading on this the Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas day of , by the following vote: Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor CITY LAND/SALE- .169 ACRES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 LOT 18 ;it gNg ub'd Cog co CITY PAR FD 5/6' I. R. CITY LAND 4.39 ACRES LOT 19 40&52' 1 gr ---auE I I o I 20 6678 SF 19 3 10334 11 9, r 41 wy `1 • 21 1 6048 SF \ �P\ N6I.3F.'DPW 11&86' �Ll 22 6371 Sr ,{,.- S c4- srep '�N 5- - 11 12 BORDEAUX PLACE WIT 1. BLT 2. V 61. P, 479 - 181, K.2 566 l3 IS 16 lalE 1' OC' 00' E 617. 49' 17 SS1•0'd0't 583722 - - - -1 4677- - O5 1 1 uelx sr S41'0000'E 236.00' 1Z \\ 11027 SF Y` � 1 O 41 196 38 90034 SF 5 15207sr R g 60' ROAD ROV, V 1676. P 452, O S61' 00' 00' E 455. 00' 01: 18 6756 Sr 20. 7R 6L U IN W1 - J Wb 10'01 17 41107 Sr C ;1I 99.92 I; I„ 12679 Sr ti S61' 00' 00' E 77. 52'� 10 528'I R. FB 5/6.1 R. -7\--\ 3, al 72710 SF \ 81( „11. b 1'.' 00' 146 67' 9922 SF C -31111. 7 11751 51.}., 11994 SF E 0 O v o 25' TR . S. 17' .39.-83' 0 061'00' OC'E • BROOKE RD 6s 00. N X56 E'W' 00'[ y olr 961.00'0040 65. 00' / 25' YR g1 <\ \ 12001 Sr i rS61'00'00'E 60. 00' O 0 - O• 0 N Tn 8991 Sr YJ �i. 0.I 0 2s' ST. MARE EGLISE DR _ 23 g 25• o .l3' b II � O 51 1g 7 7203 01 „1 I., 10566 Sr N29400'004E 12.23' 929'00. 00•E 20 06' 11000' ' -153. 13'- - iti CI 1i1'00. 00'0 161 74 961.02m'V 26143' 69'49.03.1 6x8. IS' - 0 8441 Sr °!1 111 'I 961. 00.00 0 '6 I 114.44 S22' 57' 1 198 2, 7576 Sr '"00'Ex0.06•S61.00 /- 10, M? ..661'ar00'6 11010' - - _ - 561.00' 00.1 160. 22'. - a , ▪ HO O1 061.00'00'1 120.22' - dSOGr �SEO'- - 35 ar 35.-Q8' Ts. 5' E 23' YR g $ g I- 'F3 $g I $,_ I $g O 1 7150 Sr d 7110 SF = 7129 SF..j i r 7129 Sr 8 ? 7174 SF l 1 T N 65. 22 00.1 33. g 29 150 sr LOT 10 r0 5/8.1. R. L07 19 N61 00' 00' N 933. 22' 00' 2' O O O 30 7150 SF 20' OE. DX. 2011039360, O P. R. q 07 gy� • ppg-� 65. CO. 65-00' 1 "' 30' 30' �• 65. 00• LOT 19 1 20 - IJ 00 FB L EF L GT. PORTION SECTION 20, LOT 16, CITY Fr CC 0.049 AG TRACT, 00G LOCATION 11 L Er L GT. SECT 20, PORTION 4.020 19. 20 1010 29 PAD ALL Or LOT 30, CC1SD. DOG 2011039359, DR , TO CL BRO9B AVE PLAT MAP NOT TO SCALE O O 111�� _ _ 1S 6E_ G 32 31 1-- 36 Ig 9 46620761 ESTATES 1„ WIT 3. NZ 1. 1 1 V 60. 9 298 - 300. M.R. PLAT OF BORDEAUX PLACE UNIT 4, (CONTINUED) CORPUS CHRISTI, NUECES CO., TX BORDEAUX PLACE UNIT 4 PLAT CITY LAND / SALE - .169 ACRES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division Real Estate Sales Contract THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Contract is entered into by the City of Corpus Christi, a Texas home rule municipal corporation, F.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 ("Seller") and MPM Development, LP, a Texas Limited Partnership, of 426 S. Staples, Corpus Christi Nueces County, Texas 78401 ("Buyer"). 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the surface estate only of the property described below together with all rights, privileges and appurtenances pertaining to the property situated in Nueces County, Texas: The tract of land is described by metes and bounds on the attached and incorporated "Exhibit A" and shown on the attached map crosshatched and incorporated "Exhibit B" ("Premises"). 2. Purchase Price. $7,600.00 3. Title Insurance. The Seller will provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. Buyer and Seller have mutually selected First American Title Services, dba First Title Company, 5402 Holly Road, Corpus Christi, Texas ("Title Company"). The title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. 4. Special Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a Special Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment. 5. Property Taxes. The City of Corpus Christi as owner of this property is exempt from local property taxes. The Property is currently tax-exempt with no property taxes due. Property taxes incurred from the closing date to the end of the 2015 tax year are the sole responsibility of the Buyer as well all as subsequent tax years. 6. Earnest Money. Buyer deposits $600.00 with First American Title Services as Earnest Money, which will be applied to the balance of the purchase price owing at Closing; Buyer will pay the balance of the purchase price owing at Closing. When First American Title Services possesses the executed deed, any other necessary paperwork, and the balance of the 1 cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. if Buyer fails to Close on this Contract as set out herein, for any reason other than title defects, Buyer forfeits, and Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific performance. if Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Buyer accepts title to the Property subject to alI recorded restrictive covenants and use restrictions, if any, and all applicable City zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be Closed through First American Title Services on or before 60 days from the effective date of this Contract. Seller gives Buyer possession of the Property by executing the Special Warranty Deed. Buyer's execution of this Contract means that Buyer has read and understands that this Contract is not binding on Seller until approved and accepted by the City of Corpus Christi City Council and executed by the City Manager of the City of Corpus Christi, Texas, or the City Manager's designee. Buyer must execute this Contract within 30 days from the date of Seller's execution of this Contract or this Contract is void. 9. Survives Closing. This Contract survives Closing of the sale of the Property and the delivery of the Special Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 10. Broker Commission. The Seller is not responsible for any brokerage or real estate commissions that may be related to this transaction. 11. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written Iease agreement is a landlord -tenant at sufferance relationship between the parties. 12. Representations and Warranties. By Seller. Seller makes the following representations and warranties all of which will be true and correct as of the date hereof and as of the date of closing: Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to 2 the Title Company, if necessary, all reasonable evidence of such authority which may be requested by it. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which SeIIer or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Seller has no knowledge that the Property contains Hazardous Materials, contains any underground storage tanks, or is not in full compliance with all Environmental Laws. Title to Property. To the best of Seller's knowledge, Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the Commitment or Survey to be furnished to Buyer hereunder. No Options. No person, corporation, or other entity has or, on the date of Closing, shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the SeIler's or the Property's non-compliance with applicable Iaws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 13. Mineral Reservation. The sale of the Property is without minerals. Seller reserves unto itself all of its right, title and interest in and to the oil, gas and other minerals in, on, or under the Property.. 14. Essential. Time is of the essence in closing this transaction. 15. Effective Date. The effective date of this Real Estate Sales Contract is the date the Contract is signed by the Seller. 16. Counterparts. MuItiple original copies of this contract may be executed, and the execution of this contract may be through the execution by the parties of separate counterparts. All of the original copies of this contract together shall constitute one agreement, binding on alI of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the same counterpart. Each of the undersigned parties authorizes the assembly of one or more original copies of this contract, such that each such original copy of this contract shall consist of (i) the body of this contract and (ii) counterpart signature pages and acknowledgment pages which coIIectively include all of the signatures and acknowledgments of the parties hereto. Each such contract shall constitute one original of this contract. When the context requires, singular nouns and pronouns include the plural. 1 Executed in triplicate, any of which constitutes an original. Seller City of Corpus Christi, a Texas home rule municipal corporation By: THE STATE OF TEXAS COUNTY OF NUECES Valerie H. Gray, P.E. Executive Director of Public Works § § This instrument was acknowledged before me on , 2015 by Valerie H. Gray, P.E., as Executive Director of Public Works of the City ofCorpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas 4 Buyer MPM Development, LP, a Texas Limited Partnership y: ' ossa "Moses" Mostaghasi, General Partner THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on F 2015 by Massa "Moses" Mostaghasi, as General Partner of MPM Development, LP, a Texas Limited Partnership, on behalf of said MPM Development, LP. [Seal] Notary Public in and for the jQ' Texas Nu ryy EUSEBIO GARZA III '= MY COMMISSION EXPIRES February 14, 2017 APPROVED AS TO LEGAL FORM THIS _/itk,DAY OF FOR THE CITY ATTORNEY N Veronica Ocanas, Assistant City Attorney CITY LEGAL DEPARTMENT , 2015. MURRAY BASS, JR., P.E.,12.P.L.S. NIXON M. WELSH, P.E.,R.P.LS. www.bass-welsh.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 STATE OF TEXAS § COUNTY OF NUECES § Park Tract 3054 S. ALAMEDA, ZIP 78404 361 882-5521— FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com December 16, 2014 03026-M&B.doc Description of a 0.169 acre tract of land, more or less, a portion of a City of Corpus Christi 4.39 acre tract of Iand described by deed, Document No. 2008011112, Official Records, Nueces County, Texas and being a portion of Lots 14, 19, and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 - 43, map records of said county, said 0.169 acre tract as further described by metes and bounds as follows: Staring at a 518" iron rod found at the easternmost corner of Bordeaux Place Unit 2, BIock 1-A, Lot 1, a map of which is recorded in Volume 62, Pages 83 and 84, said map records, said starting point for northerly corner of said 4.39 acre tract and said starting point being the arc of a circular curve to the right having a central angle of 15°20'57", a radius of 570.00' and a chord bearing S25'31'07"E a distance of 152.24'; thence along the arc of said circular curve to the right, being along a northeasterly boundary Iine of said 4.39 acre tract, a distance of 152.70' to a 5/8" iron rod set at the POINT OF BEGINNING and northernmost corner of the tract herein described and being in the arc of a reverse circular curve to the Ieft having a central angle of 31°29'22", a radius of 630.00' and a chord bearing S33°35'20"E a distance of 341.90'; THENCE along the arc of said reverse circular curve to the Ieft, being along an easterly boundary line of said 4.39 acre tract, a distance of 346.24' to a 5/8" iron rod set for the point of curvature of a circular curve to the right having a central angle of 44°18'10", a radius of 35.00' and a chord bearing S27°10'56"E a distance of 26.39'; THENCE along the arc of said circular curve to the right, being along an easterly boundary line of said 4.39 acre tract, a distance of 27.06' to a point for the southeast or easternmost corner of the tract herein described and easternmost corner of said 4.39 acre tract; THENCE N61°00'00"W 141.90'along an easterly boundary line of said 4.39 acre tract to a 5/8" iron rod set for southwesterly corner of the tract herein described; THENCE N17°50'38"W 251.60' to the POINT OF BEGINNING, a sketch showing the 0.169 acre tract described herein being attached hereto as Exhibit 'B". ixon M. Welsh, R.P.L.S. CITY PARK, BORDEAUX PLACE UNIT 2, BLK 1A, LOT 1, V. 62, P. 83 & 84, M. R. 843, Dc,�y9Mpr O,y 10 1 _D=44' 18' 10' R=35. 00' T=14. 25' L=27. 06' CB=S27. 10' 56' E CH=26. 39' 11 ® D=31' 29' 22' R=630. 00' T=177. 62' L=346. 24' CB=S33' 35' 20' E CH=341. 90' Q D=15.20' 57' R=570. 00' T=76. 81' L=152. 70' CB=S25' 31' 07' E CH=152. 24' BORDEAUX PLACE UNIT 1, BLK 2, V. 61, P. 179 - 181, M. R. 12 13 14 15 16 17 FD 5/B' I. R. C), TW 4 0)0" °) �ro o�kcj • FD 5/8' 1. R.� 77 52' S61' 00' 00' E 455. 00' N m z -410446i, 1 ,V1 2 0, 169 AC TR. LOT 141 LO 9 1, 90 1 T '2 0 N61° �I SET 5/8' I ' 00'W NOTE1 BROOKE RD ( FUTURE) SET 5/8' IRON RODS AT ALL CORNERS OF 0.169 ACRE TRACT EXHIBIT 'BM SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTI❑N t-= 100' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-PARK, JOB NO. 03026, SCALE: 1' = 100' PLOT SCALE: SAME, PLOT DATE: 12/16/14, SHEET 1 OF 1 Age 7. AGENDA MEMORANDUM First Reading item for the City Council Meeting of April 21, 2015 Second Reading item for the City Council Meeting of April 28, 2015 DATE: March 3, 2015 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 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jerry Shoemaker, P. E., Acting Director of Capital Programs jerrys2@cctexas.com (361) 826-3516 CAPTION: Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com (361) 826-1972 Citizen's Collection Center — Flour Bluff/Padre Island Real Estate Sales Contract for Site Acquisition Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 by transferring $74,000.00 from Fund 3365 Sanitary Landfill 2008 Certificate of Obligation Project Reserves to Project #E12190 Citizens Collection Center — Flour Buff/Padre Island; increasing expenditures in the amount of $74,000.00; and authorizing the City Manager or designee to execute a Real Estate Sales Contract with Alamo Concrete Products Company in the amount of $275,000 plus $3,000 in estimated closing costs for a total expenditure of $278,000, for the purpose of acquiring a tract of land containing 5.320 acres located at the northeast corner of the intersection of Flour Bluff Drive and Division Road, to be used for the Citizens Collection Center — Flour Bluff/Padre Island Area Project #E12190. PURPOSE: This 2014-2015 Capital Improvement Project will provide needed services to the residents of Padre Island and Flour Bluff. The project will result in a new Citizen's Collection Center for drop-off of solid waste, brush, discarded appliances, furniture, household hazardous waste, and various other items. BACKGROUND AND FINDINGS: Site selection parameters were established in early 2014 to find a project site with at least four acres of land, with proper zoning and easily accessible to a main thoroughfare. The site would also have to be conveniently accessible to the residents of both Padre Island and Flour Bluff. City staff identified a 7.4 acre tract of land belonging to Alamo Concrete Products Company located at the corner of Flour Bluff Drive and Division Road with address of 2010 Flour Bluff Drive. Alamo Concrete purchased the land in 2008 for construction of a concrete plant. The site has an existing zoning of "IL" Light Industrial District. City staff proceeded to work with Alamo Concrete to purchase a portion of their 7.4 acre tract. Negotiations led to the selection of the western part of the tract containing 5.32 acres, leaving Alamo Concrete 2.08 acres for their concrete plant. The City contracted Kleinfelder, Inc. in March 2014 to conduct a feasibility study on the proposed 5.32 acres. The study analyzed conceptual layouts, road construction, surface area, utilities, traffic analysis, facility size, estimated costs, and recommendations. At the same time, a Phase 1 Environmental Site Assessment was conducted to identify any environmental issues. Both studies resulted in favorable outcomes, confirming that this site would work for the project. Kleinfelder, Inc. proposed three layout concepts for the proposed collection center. The City will choose one in the final design phase. Land Acquisition staff obtained an appraisal report from the appraisal firm of Smith, Kirkpatrick & Klager, LLC. The reported value for the 5.32 acres was $224,681, which was offered to Alamo Concrete in a Real Estate Sales Contract. Alamo Concrete paid substantially more per acre and countered with the amount of $323,509. After continued negotiations, the City and Alamo Concrete agreed to a mid range sales price of $275,000 or $51,692 per acre. There are very few sites available in the area with the required project site parameters. It is in the best interest of the City to consummate the purchase and proceed with this important Public Health & Safety project. Land purchases in excess of $50,000 require the approval of City Council. With approval of the sales contract by City Council, it will be escrowed at San Jacinto Title Company as per the Seller's request. ALTERNATIVES: 1. Execute the Real Estate Sales Contract with Alamo Products Company. (recommended). 2. Do not execute the Real Estate Sales Contract and seek an alternative site (not recommended). CONFORMITY TO CITY POLICY: The Real Estate Sales Contract is permitted by City Charter, Article X, General Powers and Provisions Section 1 (a)(8) to acquire and own property by the City and also by Section 2 (A) requiring contracts to be authorized by the City Council where the expenditure exceeds the limit of $50,000. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Capital Programs and Solid Waste Departments FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget $0.00 $204,500.00 3,970,000.00 $4,174,500.00 Encumbered / Expended Amount 0.00 0.00 0.00 0.00 Ordinance 74,000 0.00 74,000.00 Revised Budget 0.00 $278,000.00 $3,970,000.00 $4,248,500.00 This item 0.00 278,000.00 $0.00 278,000.00 Future Anticipated Expenditures This Project 0.00 0.00 3,970,000 3,970,000.00 BALANCE $0.00 $0.00 $0.00 $0.00 RECOMMENDATION: City staff recommends passage of the Motion approving the Real Estate Sales Contract. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Presentation Location Map Real Estate Sales Contract Ordinance amending the FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 by transferring $74,000.00 from Fund 3365 Sanitary Landfill 2008 Certificate of Obligation Project Reserves to Project #E12190 Citizens Collection Center — Flour Buff/Padre Island; increasing expenditures in the amount of $74,000.00; and authorizing the City Manager or designee to execute a Real Estate Sales Contract with Alamo Concrete Products Company in the amount of $275,000 plus $3,000 in estimated closing costs for a total expenditure of $278,000, for the purpose of acquiring a tract of land containing 5.320 acres located at the northeast corner of the intersection of Flour Bluff Drive and Division Road, to be used for the Citizens Collection Center — Flour Bluff/Padre Island Area Project #E12190. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2015 Capital Improvement Program Budget adopted by Ordinance No. 030303 is amended to add $74,000.00 from Fund 3365 Sanitary Landfill 2008 Certificate of Obligation Project Reserves to the Citizens Collection Center — Flour Bluff/Padre Island Project #E12190. SECTION 2. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is amended to increase expenditures in the amount of $74,000.00 to the Citizens Collection Center — Flour Bluff/Padre Island Project #E12190. SECTION 3. The City Manager or designee is authorized to execute a Real Estate Sales Contract with Alamo Concrete Products Company for the Citizens Collection Center — Flour Bluff/Padre Island in the amount of $275,000 plus $3,000 in estimated closing costs for a total expenditure of $278,000, for the purpose of acquiring a 5.320 acre tract of land located at the northeast corner of the intersection of Flour Bluff Drive and Division Road. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor ,DEPARTMENT OF CAPITAL PROGRAMS Property and Land Acquisition Division Citizens Collection Center Flour Bluff/Padre Island Area, #E12190, Parcel 1 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Real Estate Sales Contract ("Contract") is entered into by and between ALAMO CONCRETE PRODUCTS COMPANY, 226 South Enterprise Parkway #100, Corpus Christi, Nueces County, Texas 78405, hereinafter called "Seller", and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277, hereinafter called `Buyer'. 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the surface estate only of the properties described below together with together with all rights, privileges and appurtenances pertaining to the properties situated in Nueces County, Texas: A tract of land containing 5.320 acres (231,719.45 square feet) of land out of Lots 4 and 5, Section 40, Flour Bluff & Encinal Farm & Garden Tracts, as described by metes and bounds on the attached and incorporated "Exhibit A" and as shown on the attached map incorporated as "Exhibit B". 2. Purchase Price. Buyer agrees to pay $275,000.00 cash to Seller. 3. Title Insurance. The Seller must provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guaranty company ("Title Company") must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within thirty (30) days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after closing. 4. Warranty Deed and CIosing Costs. After securing the title insurance commitment, Seller must execute a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment to Seller. Buyer will pay all closing costs except costs to cure title, which must be paid by Seller. 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2014. All property taxes for the year 2015, if any are due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January 1, 2015 to the date of closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company and the Seller agrees to pay any shortages of property taxes should they occur during the following year. Seller will agree to execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits Five Hundred Dollars and no cents ($500.00) with the Title Company as Earnest Money, which will be applied to the balance of the purchase price owing at closing; Buyer will pay the balance of the purchase price owing at closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to close on this Contract as set out herein, for any reason other than title defects, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific performance. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions, if any, and all applicable local zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be closed through the Title Company on or before ninety (90) days from the effective date of this Contract. Seller shall give Buyer possession of the Property by executing a General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the Corpus Christi City Council and executed by the City Manager, or designee, on behalf of the Buyer. Buyer must execute this Contract within thirty (30) days from the date of Seller's execution of this Contract or this Contract is void. 9. Survives Closing. This Contract survives closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at closing, and all terms and conditions remain in effect between Seller and Buyer. 10. 60 -Day Inspection Period. Buyer shall have sixty (60) days (the "60 -Day Inspection Period") from the effective date of the Contract to notify Seller of Buyer's election, in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours and Seller agrees to cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to deliver to Seller, within the 60 -Day Inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate this Contract on this basis. a. Right of Entry. (1) During the 60 -Day Inspection Period and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of the following: utility relocation, land surveys, environmental site analysis, engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the Property to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available for Buyer's inspection and copying within ten (10) days from the date hereof all reports, studies and tests in Seller's possession with respect to the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (3) Except for those matters that arise from the sole negligence of Seller or SeIler's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. b. Environmental Condition of Property. Definitions. "Environmental Law" shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property, including without limitation, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of I 986, the Federal Water Pollution Control Act, the Clear Air Act, the Clear Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer, in Buyer's sole discretion, to inspect the Property, including but not limited to an Environmental Site Analysis (ESA) Phase I and Phase II, to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the "Environmental Audit") and to deliver a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals, or at any time prior to closing Buyer otherwise becomes aware of the existence of any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure, Buyer shall have the right and option to cancel this Contract and receive a full return of the Earnest Money. 11. Broker Commission. Seller is responsible for payment of all broker's fees and commissions incurred in connection with the sale of this Property. 12. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. 13. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties, all of which will be true and correct as ofthe effective date of this Agreement and as of the date of closing: Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials (as defined in Section 10(b)), contains any underground storage tanks, or is not in full compliance with any Environmental Law (as defined in Section 10(b)). Title to Property. To the best of Seller's knowledge, Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the commitment or survey to be furnished to Buyer hereunder. No Options. No person, corporation, or other entity has or, on the date of closing, shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with any applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. I4. Mineral Reservation. The sale of the Property is without minerals. Seller reserves unto itself all of its right, title and interest in and to the oil, gas and other minerals in, on, or under the Property. If required by Buyer, Seller will execute a no -drilling agreement, prepared by Buyer, to ensure that Seller will not construct or operate a well on the Property while exercising its right to recover any subsurface oil, gas, or other minerals. 15. Essential. Time is of the essence in closing this transaction. 16. Effective Date. The effective date of this Contract is the date in which the Contract is signed by the Buyer. Executed in triplicate, any of which constitutes an original. SELLER: Alamo Concrete Products Company By:.. Print Name: 441. 3* I Gr/rits Print Title: glee Atsh1Ot it THE STATE OF .XAS § COUNTY OFg 4 b s e was *w ged before me or }}-- , 20I Y ;14 �'' , as / Pt i p % j of Alamo Concrete Products Company, a Texas corporation, on behalf of said corporation acting as officer of and on behalf of Alamo C.ncrete Products Company, a Texas corporation. N,h tory Public in and for the State of Texas [Seal] BUYER: CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Capital Programs PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469-9277 Valerie H. Gray, P.E., Executive Director of Public Works THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 201_ by Valerie H. Gray, P.E., as Executive Director of Public Works of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas ISeall APPROVED AS TO LEGAL FORM, THIS S DAY OF re Ito rc Bv• FOR THE CITY ATTORNEY 2 anet Kellogg, Assistant City Atto CITY LEGAL DEPARTMENT J:\GEN\CitizensCollectionCenlcr\RESC Alamo Parcel I.doc 201 . E12190 — Citizen's Collection Center -Flour Bluff 5320 Acre Tract STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 5.320 acres (231,719.45 square feet) of land out of Lots 4 and 5, Section 40, Flour Bluff& Encinal Farm & Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, Map Records of Nueces County, Texas and also being out of that certain 7.400 acre tract described in deed which is recorded in Document No. 946565, Deed Records of Nueces County, Texas. This 5.320 acre tract being more fully described by metes and bounds as follows: Beginning at the intersection of the centerline of Flour Bluff Drive and the southeasterly extension of the centerline of Division Road for the south comer (no monumentation found or set) of said Lot 5, for the south comer of said 7.400 acre tract, for the south corner of said 5.320 acre tract and for the Point of Beginning of this description; Thence, North 61°27'50" West, with the above mentioned southeasterly extension of the centerline of Division Road, same being the southwest boundary of said Lot 5 and of said 7.400 acre tract, at 40.00 feet pass a found 5/8" iron rod, at 660.00 feet pass a 60d nail found at the intersection of the common boundary of said Lots 4 and 5 with the above mentioned southeasterly extension of the centerline of Division Road and continuing with the southeasterly extension of the centerline of Division Road, same being the southwest boundary of said Lot 4 and of said 7.400 acre tract, at 906.08 feet pass a found 1" iron pipe, in all a total distance of 906.80 feet for the west corner (no monumentation found or set) of said 7.400 acre tract and of this 5.320 acre tract and for the beginning of a circular curve to the left whose radius point bears North 07°09'00" East 1457.50 feet and which has central angle of 30°07'05", a radius of 1457.50 feet, a tangent distance of 392.14 feet and an arc Iength of 766.15 feet; Thence, with said circular curve to the left, same being the southerly boundary of a 40 foot railroad right- of-way easement (Volume 292, Pages 217 and 218, Deed Records of Nueces County, Texas) and also the southerly boundary of a 100 foot wide road or railroad right-of-way easement (Volume 734, Page 226 and Volume 261, Page 101, Deed Records of Nueces County, Texas) and also being the northerly boundary of said 7.400 acre tract and of this 5320 acre tract, at an arc length of 64.89 feet pass a 518" iron rod with a City of Corpus Christi cap set on line, in all a total arc length of 766.15 feet to a 518" iron rod with a City of Corpus Christi cap set for the north comer of this 5.320 acre tract; Thence, with the northeast boundary of this tract, South 43°47'43" East, a distance of 27031 feet to a 5/8" iron rod with a City of Corpus Christi cap set on the proposed northwest boundary of Flour Bluff Drive for a corner of this 5320 acre tract; Thence, continuing with the northeast boundary of this tract, South 61°27'50" East, a distance of 40.00 feet to the centerline of said Flour Bluff Drive, same being the common section line of Sections 40 and 49, Flour Bluff & Encinal Farm & Garden Tracts, the southeast boundary of said 7.400 acre tract and the southeast boundary of this 5320 acre tract for the east comer of this 5320 acre tract; K EF-OT-DIVISION-FLOURBLUFF ROADWeldnotesaEicens collection center -dour bluff-5.32ac docs Page 1 of2 Exhibit A Thence, with the above mentioned centerline of Flour Bluff Drive, South 28'32'10" West, a distance of 367.87 feet to the Point of Beginning and containing 5320 acres of land, of which 0.310 acres lie within the proposed 40 foot wide Flour BluffDrive and 0.500 acres Iie within the proposed 25 foot wide Division Road, for a net acreage of 4.510 acres of land. Bearings based on the recorded deed of the 7.400 acre tract which is recorded in Document No. 946565, Deed Records of Nueces County, Texas. STATE OF TEXAS COUNTY OF NUECES 1, Russell D. Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my supervision. This the 30th day of October, 2014 RusseII D. Ochs, RP.L.S. State of Texas License No. 5241 RUSSELL D. OCHS **• 5241 • o1=sstc?j0' SUR ICAEogince ingtSusysyl?rojcct33FB-EF.GT-DIVISION FWURBLUFF ROADIfieldooles-cllizons collection center -Dour l f 5.32ac d pc Page 2 of 2 1.1&gUcingdormAROJECTSt79 r T OK.SiGN FL0uit5W71.I0a EF GT oWY.1i6N RDI.IR!W5TFCAD4.. FN cow 1a x 71.7aflo/7D14319 Qum. 1,Wydritimtrilrg in meg Arms Nerve WarMCenvr 7135 PL16.1S-..549 LLLT TOQ lastiT DIVISION ROAD aC J LOT 4 1AD1 P.14 . 1221C2 N51 27'50"W t` 906.80' a g 14 L eco Mi Rh. MOP Pgb illi II 141 Eirhihit R -r PROJECT BUDGET Citizens Collections Center - Flour Bluff FUNDS AVAILABLE: Solid Waste Capital Improvement Program (FY 2015) $ 204,500 Solid Waste Capital Improvement Program (FY 2016) 3,970,000 Ordinance - Solid Waste Capital Reserves 74,000 TOTAL FUNDS AVAILABLE $ 4,248,500 FUNDS REQUIRED: Land Acquisition $ 278,000 Engineer Fees: Feasibility Study (Kleinfelder) 70,000 Design and Engineering (Kleinfelder) (Preliminary Estimate) 310,000 Testing (Geotechnical and Construction Material) (TBD) 70,000 Construction Fees: Construction (Preliminary Estimate) 3,100,000 Contingency 300,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 45,000 Engineering Services (Project Mgmt) 73,000 Misc 2,500 TOTAL $ 4,248,500 PROJECT BUDGET BALANCE *Original contract administratively approved on January 31, 2014 PROJECT LOCATION NOT TO SCALE CITIZEN'S COLLECTION CENTER FLOUR BLUFF SITE E12190 - LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Corpus Chr sti Capital Programs Flour Bluff Citizens' Collection Center Council Presentation April 21, 2015 Project Scope Corpus Chrsti Capital Programs Proposed Flour Bluff Transfer Station Site: ➢ Operational (manned) drop off center for solid waste, brush, discarded appliances, furniture, household hazardous waste and various items ➢ Benefits: • Reduced Solid Waste Bulk/Brush Pickup Times and Cost • Reduced Code Compliance Actions and Enforcement • Reduced Nuisance Dumping and Wind Blown Debris in Neighborhoods • Increased Convenience for Flour Bluff and Island Residents 2 Project Schedule Corpus Chr sti Capital Programs Project Construction Estimate: 7 Months Project Estimated Complete: September 2016 2015 2016 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Design Bid Phase Project Construction Estimate: 7 Months Project Estimated Complete: September 2016 Sample Facility Corpus Chr sti Capital Programs Citizen's Collection Center Corpus Chr sti Capital Programs Questions? 5 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 21, 2015 Second Reading for the City Council Meeting of May 19, 2015 DATE: February 13, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities G ustavogo©cctexas. com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works Valerieg@cctexas.com (361) 826-3729 FROM: J.H. Edmonds, P.E., Director of Capital Programs ieffreye@cctexas.com (361) 826-3851 CAPTION: Jerry Shoemaker, P. E., Senior Program Manager Jerrys2@cctexas.com (361) 826-3516 Amendment No. 1 to U.S. Government Lease for Real Property for U.S. Coast Guard Navigational Marker ACLL 7817 Ordinance authorizing the City Manager or designee to execute Amendment No. 1 to the US Government Lease for Real Property for the US Coast Guard Aid to Navigation Marker ACLL 7817, amending Paragraph four (4) NOTICE section, of the current lease of real property to the U.S. Government in connection with a navigation marker mounted on the east wall of the South Texas Institute for the Arts building, an aid to navigation (ATON) structure known as the "Corpus Christi Channel Cut "B" West Range Front Light (ACLL 7817)"; and providing for publication. PURPOSE: The purpose of this agenda item is to execute an amendment to the original Lease for Real Property with the U.S. Coast Guard approved by Ordinance No. 027905 which changes Section 4 Notice, which permits the Coast Guard and the City to terminate the lease, without cause or reason, by giving the other party thirty (30) days notice in writing. BACKGROUND AND FINDINGS: On March 28, 1962, the City approved City Ordinance No. 6471 which granted the U.S. Coast Guard a revocable permit to install a navigation marker located near the City barge docks on the south shore of the ship channel. This marker is one of the most critical navigation aids for ships entering the Ship Channel. In 2008, the Coast Guard requested a new long term lease for nineteen years at an annual rate of $1.00 per year, which was the same fee of the original 1962 permit. The new nineteen year lease was approved on October 21, 2008 under Ordinance No. 027905. The U.S. Coast Guard recently notified the City that they would like to amend Section 4 of the lease which pertains to Notices. Section 4 currently states that the Coast Guard may terminate the lease for cause at any time by giving at least 30 days written notice. The Coast Guard must state the reason or cause of the termination. The lease further states that the City may terminate the lease at any time, without cause by giving at least ninety days notice. To meet new government regulations affecting all their leases, the Coast Guard has requested that the current lease be amended to state that the Coast Guard and the City may now terminate the lease, without cause, by giving a 30 day notice to the other party. All of the other terms and conditions of the original lease remain intact. Generally, an ordinance granting or authorizing the execution of a lease of City property for more than five years must be read at two regular meetings of the City council. The ordinance will not be acted upon until the twenty-eighth day after the first reading and requires a publication of notice of the proposed lease amendment within five days following each of the two readings. City Council approval of this change is requested. ALTERNATIVES: 1. Execute Amendment No. 1 to U.S. Government Lease for Real Property (recommended). 2. Do not execute Amendment No. 1 to U.S. Government Lease for Real Property (not recommended). CONFORMITY TO CITY POLICY: The Lease Agreement is authorized by Chapter 272.005, Lease of Property to Governmental Entity and conforms to the City's policies for property leases. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget $0.00 $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $0.00 $0.00 $0.00 Future Anticipated Expenditures This Project $0.00 $0.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Not applicable RECOMMENDATION: City staff recommends approval of the Lease Agreement amendment and passage of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Location Map Amendment No. 1 to Lease Agreement Ordinance COAST GUARD NAVIGATION MARKER GOV. LEASE - AMENDMENT NO. 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Ordinance authorizing the City Manager or designee to execute Amendment No. 1 to the US Government Lease for Real Property for the US Coast Guard Aid to Navigation Marker ACLL 7817, amending Paragraph four (4) NOTICE section, of the current lease of real property to the U.S. Government in connection with a navigation marker mounted on the east wall of the South Texas Institute for the Arts building, an aid to navigation (ATON) structure known as the "Corpus Christi Channel Cut "B" West Range Front Light (ACLL 7817)"; and providing for publication. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to amend the current lease of real property to the U.S. Government previously approved by Ordinance No. 027905 on October 21, 2008 by amending Paragraph four (4) NOTICE; and to execute all related documents in connection with a United States Coast Guard navigation marker mounted on the east wall of the South Texas Institute for the Arts Building, an Aid to Navigation (ATON) structure known as "the Corpus Christi Channel Cut "B" West Range Front Light (ACLL 7817)." SECTION 2. Publication shall be made as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas , by the following vote: Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Amendment No. 1 to the US Government Lease for Real Property for the US Coast Guard Aid to Navigation Marker ACLL 7817 This Amendment No. 1 to that certain US GOVERNMENT LEASE FOR REAL PROPERTY between the City of Corpus Christi, whose address is 1201 Leopard Street, Corpus Christi, TX 78469-9277, and whose interest in the property hereinafter described is that of Owner, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter described as theniL States Coast Guard, and hereinafter called the Government or Lesseeauthorized by Ordinance No. 027905 on October 21, 2008 (Lease) is made and entered into this date by the parties. Whereas, the US Coast Guard requested, and the City of Corpus Christi granted, a long term lease to install a navigation marker or Aid to Navigation (ATON) to be located near the City barge docks on the south shore of the ship channel, mounted on the east wall of the South Texas Institute for the Arts Building; Whereas, the navigation marker or ATON, known as "Corpus Christi Channel Cut "B" West Front Light (ACLL 7817), is needed for navigation purposes of ships approaching the ship channel; Whereas, the Lease began on January 1, 2009 and will end on September 30, 2028; Whereas, the US Coast Guard requests, and the parties agree, to amend Section 4 of the Lease to aHow the United States and the City to terminate the lease without cause upon 30 days' notice; For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and for the benefit of the public, the parties agree as follows: Section 1. Section 4 of the Lease is amended as shown below. the date of receipt of termination notice. The Lessor may terminate this lease at any 4. NOTICE: Either Lessor or Lessee may terminate this lease without cause at any time by giving the other party thirty (30) days notice in writing. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing from the date of receipt of termination notice. Notice commencing from the date of receipt of notice. The leasing authority for this lease will be the delegated authority 14 USC 672. Section 2. The amended Lease is restated to read as follows: Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 1 of 6 pages Lease No. HSCG82-08-L-8N3067 Corpus Christi Channel Cut "B" West Front Light (ACLL 781 7) STANDARD FORM 2 FEBRUARY 1965 EDITION / GENERAL SERVICES ADMINISTRATION FPR (41 CFR) 1-16,601 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE LEASE No. October 01, 2008 HSCG82-08-L-8N3067 THIS LEASE made and entered into this date by and between City of Corpus Christi, whose address is 1201 Leopead Street, Corpus Christi, TX 78469-9277, and whose interest in the property hereinafter described is that of Owner, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter described as the United States Coast Guard, hereinafter called the Government: WITNESSETH: The parties, hereto for the consideration hereinafter mentioned, covenant and agree as follow: 1. The Lessor hereby leases to the Government the following described premises, hereinafter referred to as the "premises". Site address: As shown on excerpt copy of US Coast and Geographical Survey Chart No. 523, marked Exhibit "A" dated January 1962, and incorporated by reference herein known as Corpus Christi Channel Cut "B" West Range Front Light (ACLL 7817) TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on January 1, 2009 through September 30, 2028, subject to termination and renewal rights as may be hereinafter set forth. 3. CONSIDERATION: The consideration for this lease shall be $1.00, of which the receipt and sufficiency is hereby acknowledged for the operation and maintenance of this property to be used by Aids to Navigation equipment for the benefit of the general public in accordance with the terms and conditions hereinafter set forth. 4. NOTICE: Either Lessor or Lessee may terminate this lease without cause at any time by giving the other party thirty (30) days notice in writing. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing from the date of receipt of termination notice. Notice commencing from the date of receipt of notice. The leasing authority for this lease will be the delegated authority 14 USC 672. 5. This lease will continue (14 U.S.C. § 672) with the same terms and conditions, unless and until the Government shall give notice of termination in accordance with paragraph 4, provided that adequate appropriations are available from year to year for payment of rentals, and provided further that this lease shall in no event extend beyond September 30. 2028. 6. A Supplemental Agreement will be utilized to make changes adjustments to this lease. 7. TAX IDENTIFICATION: All leases must include either a nine -digit Federal Tax Identification number or a Social Security number. Please indicate below: Name of Lessor: City of Corpus Christi Tax ID number: 74-6000574 Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 2 of 6 pages Lease No. HSCG82-08-L-8N3067 Corpus Christi Channel Cut "B" West Front Light (ACLL 781 7) Telephone number: (361) 826-3516 (City Property Mgr office) 8. COMPLIANCE WITH APPLICABLE LAW: The Lessor shall comply with all Federal, State, and local laws applicable to the Lessor as Owner or Lessor, or both, of the Premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation thereof, and will obtain all necessary permits, licenses and similar items at Lessor's expense. The Government will comply with all Federal, State, and local laws applicable to and enforceable against it as a tenant under this lease; provided that nothing in this lease shall be construed as a waiver of any sovereign immunity of the Government. This lease shall be governed by Federal law. 9. MAILING: Mailing refers to Certified Mail with return receipt and the date of acceptance being the start date. 10. CHANGE OF OWNERSHIP NOTIFICATION: Lessor will notify Government within thirty (30) days of any transfer of ownership of the described property; or change in payment mailing address. 11. SUCCESSORS BOUND: The lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, and successors. 12. INDEMNIFICATION: The Government, in the manner and to the extent provided by Federal Tort Claims Act (28 U.S.C. § 2671-2680), as amended), shall be liable for, and shall hold the Lessor harmless from claims for damage or loss of property, personal injury or death caused by the act or omissions of the Government, its officers, employees and agents in the use of the leased premises. 13. INGRESS/EGRESS: Lessor hereby grants to the Government, its contractors and other duly assigned personnel, the right of ingress and egress (both vehicular and pedestrian) necessary or convenient for the installation, use, maintenance, repair, operation, and replacement of Government owned equipment across Lessor's property. 14. GOVERNMENT INSPECTION: The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's performance under this lease. 15. PERFORMANCE FAILURE: If Lessor fails to cure or remedy any failure to perform any service, to provide any item, or meet any requirement of the lease within thirty (30) days of Governments written notice to Lessor, Government may deduct any cost incurred for the service or item, including administrative costs, from rental payments or Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. 16. ANTI -DEFICIENCY ACT (31 U.S.C. § 1341, as amended): Nothing in this lease shall constitute an obligation of funds of the United States in advance of an appropriation thereof. 17. INSURANCE: The Government is a self-insured entity. 18. TAXES AND ASSESSMENTS: The Government is not responsible or liable for any real property or personal property taxes, personal taxes, nor assessments levied or assessed upon or against the leased premises. 19. CONDITION OF USE: The Government is responsible for meeting all applicable Federal, State and local safety and other codes, and for obtaining all applicable Federal, Sate and local permits, licenses, or other authorization required for operation of its equipment. Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 3 of 6 pages Lease No. HSCG82-08-L-8N3067 Corpus Christi Channel Cut "B" West Front Light (ACLL 781 7) 20. EQUIPMENT INSTALLATIONS, MAINTENANCE, INTERFERENCE, AND REMOVAL: The Government is solely responsible for all costs connected with the installation and maintenance of all Government owned equipment located on the leased Premises. Installation and operation of Government equipment shall be done according to applicable Government codes and accepted industry standards. 21. WARRANTY: Lessor makes no warranty, express or implied, as to the suitability of the leased Premises for the Government's intended use or purpose and expressly disclaims any such warranty. 22. SUBLETTING/ASSIGNMENT: Government may not sublet or assign the leased Premises. 23. LEASE ADMINISTRATION: Administration of subject lease will be accomplished by: Commander (rp), US Coast Guard, Civil Engineering Unit Miami, 15608 SW 117 Avenue, Miami, Florida 33177, Telephone: (305) 278-6717.. 24. SEVERABILITY: Ifany term or provision of this lease is held invalid or unenforceable, the remainder of this lease shall not be affected thereby and each term and/or provision hereof shall be valid and enforced to the fullest extent permitted by law. 25. DISPUTES (DEC I998): This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. § 601-613). Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. a. "Claim", as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph (b) (2) of this clause. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed as to either liability or amount or is not acted upon in a reasonable time. b. (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within six (6) years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (i) The Contractor shall provide the certification specified in paragraph (d) (2) (iii) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "1 certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that 1 am duly authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 4 of 6 pages Lease No. HSCG82-08-L-8N3067 Corpus Christi Channel Cut "B" West Front Light (ACLL 781 7) c. For Contractor claims of$100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within sixty (60) days of the request. For Contractor -certified claims over $100,000, the Contracting Officer must, with sixty (60) days, decide the claim or notify the Contractor of the date by which the decision will be made. d. The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. e. if the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolutions (ADR). if the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. f. The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required), or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.21, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided for in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each six (6) month period as fixed by the Treasury Secretary during the pendency of the claim. 26. ASSIGNMENT OF CLAIMS (JAN 1986): a. The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. § 3727, 41 U.S.C. § 15 (hereafter referred to as "the Act"), may assign its right to be paid amounts due or to become due as a result of the performance by contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign, reassign, or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. b. Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. c. The Contractor shall not furnish or disclose to any assignee under this contract any classified documents (including this contract) or information related to work under this contract until the Contracting Officer authorizes such in writing. (i) When the date for commencement of rent falls on the 15th day of the month or earlier, the initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent is effective. (ii) When the date for commencement of rent falls after the 15th day of the month, the initial monthly rental payment under this contract shall become due on the first workday of the second month following the month in which the commencement of the rent is effective. 27. This lease incorporates by reference the applicable clauses in GSA Form 3517A ("General Clause"), with the same force and affect as if they were given in full text. Upon request, the Government will make the full text available or the full text may be found at http://www.gsa.gov/leasingform. 28. This lease supersedes Permit No. Lease 08-020-62, which was negotiated with an indefinite term. Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 5 of 6 pages Lease No. HSCG82-08-L-8N3067 Corpus Christi Channel Cut "B" West Front Light (ACLL 781 7) : STACK IA-11/ei IC s a [ont Tyinit tr. .UL 4 Section 3. Except for the revisions to Section 4, ail other terms in the Lease remain the same. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. OWNER/LESSOR: CITY OF CORPUS CHRISTI IN PRESENCE OF: BY Valerie H. Gray, P.E., Executive Director of Public Works 1201 Leopard St.. Corpus Christi, TX 78401 (Signature) (Address) GOVERNMENT/LESSEE: UNITED STATES OF AMERICA DEPARTMENT OF HOMELAND SECURITY GUARD Paul R Hewitt, Realty Specialist. (Signature) (Official title) Amendment No. 1 to Lease to United States Coast Guard for Aid to Navigation 6 of 8 pages Lease No. HSCGB2.48-L-8N3067 Corpus Christi Channel Cut 13' West Front Light (ACLL 781 7) GENERAL SERVICES ADMINISTRATION PUBLIC BUILDING SERVICE SUPPLEMENTAL LEASE AGREEMENT SUPPLEMENTAL AGREEMENT NO. 01 TO LEASE NO. DA 1/20115 HSCGS2-08-L-8N3067 ADDRESS OF PREMISES A show on excerpt copy of US CG and Geographical Survey Chart No. 523, marked Exhibit A dated 1962 incorporated and reference THIS AGREEMENT, made and entered into this date by and between City of Corpus Christi whose address is 1201 Leopead Street, Corpus Christi, TX 78469-9277 hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease. NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended, effec$Ve January 20, 2 015 as follows: In conforming with the current guidelines, the following revision shall be made to Lease# HSCG82-08-L-8N3067,At the option of the Government this lease will be renewed annually through September 30,2028. The Government option shall deemed exercised and lease renewed each year provided, notice is given in writing to lessor at least thirty (30) days before the end of each Fiscal Year. Paragraph four (4) of this lease will be amended to read: NOTICE: Either Lessor or Lessee may terminate this lease without cause at any time by giving the other party thirty (30) days' notice in writing. No rental shall accrue after the effective date of termination. Said notice shall be computed commencing from the date of receipt of termination notice. Notice commencing from the date of receipt of notice. The leasing authority for this lease will be the delegated authority 14 USC 672 All other terms and conditions of the lease shall remain In force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the above date. LESSOR BY (Signature) MUG) IN PRESENCE OF UNITED STATE OF AMERISA BY (Signatu (Signature) (Address Paul R. Hewitt Realty Specialist (Official Use) FORM GSA JUL 87 276 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 28, 2015 Second Reading Ordinance for the City Council Meeting of May 12, 2015 DATE: 4/9/2015 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds a@cctexas.com 361-886-2603 CAPTION: Accepting the Click It or Ticket Grant from TXDOT and appropriating funds Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $19,988.20 from the State of Texas, Department of Transportation for the FY2014 Click It Or Ticket program grant; and appropriating the $19,988.20 in the No. 1061 Police Grants Fund. PURPOSE: Accept and appropriate the grant to utilize the funds. BACKGROUND AND FINDINGS: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CIOT) where the Police Department will conduct an occupant protection enforcement effort during the Memorial Day Holiday, May 18, 2015 — May 31, 2015. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Two teams of four officers each will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 800 safety belt citations and 75 child safety seat citations and in turn increasing safety belt use among drivers and front seat passengers by 2%. Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salaries and retirement. The City of Corpus Christi has had previous CIOT grants since 2002. ALTERNATIVES: Not accept the grant and not participate in the state wide CIOT campaign. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Adheres to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating Expense Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered / Expended Amount 0 0 This item $19,988.20 $19,988.20 BALANCE $19,988.20 $19,988.20 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $19,988.20 from the State of Texas, Department of Transportation for the FY2015 Click It Or Ticket program grant; and appropriating the $19,988.20 in the No. 1061 Police Grants Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation in the amount of $19,988.20 for the FY2015 Click It Or Ticket program grant. SECTION 2. That $19,988.20 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Item for the City Council Meeting of April 28, 2015 Second Reading Item for the City Council Meeting of May 12, 2015 DATE: April 1, 2015 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Authorize a three-year lease extension with United Airlines for airline operations at Corpus Christi International Airport. CAPTION: Ordinance ratifying and authorizing the City Manager to execute a first amendment to the lease agreement with United Airlines to extend the term of the lease; providing for an effective date; providing for severance; and providing for publication. PURPOSE: The 2009 Airline Use and Lease Agreement between Corpus Christi International Airport (CCIA) and Southwest, American Airlines, (American Eagle.) and United Airlines expired on July 31, 2014. Southwest and American executed the term extension in December 2014. United Airlines has now agreed to the same lease extension and Airport Staff has recommended proceeding with the United Airlines agreement. This will not impact operations of the airlines. BACKGROUND AND FINDINGS: During Spring 2009, Airport Senior Staff along with Trillion Aviation ("Airport Team") successfully negotiated a five-year agreement with the three airlines serving CCIA. (Southwest, United formerly Continental and American Eagle). The five-year agreement reflected several modifications and terms that have benefited CCIA over the last few years. Following is brief recap of the major provisions of the agreement: • Reduction of barriers to New entries of Airlines • Restructured Agreement based upon contemporary terms and conditions • Revised Rates & Charges: less complex and more efficiently structured, incremental rent over term of the Agreement • Elimination for Convenience Termination Provision • Negotiated 5 year Agreement where industry norm was three or less • Incremental revenue goes to Department of Aviation for discretionary use and reserves The Airport Team discussed options to airline negotiations for a new agreement rather than an extension of the current agreement. CCIA has a favorable agreement both financially and for allowing new entrant service that in the current airline environment is being challenged by the legacy carriers, including those serving CCIA. Over the next few years, CCIA will continue to solicit additional service from the current carriers and from potential new entrants. As the airline environment balances its industry wide air service over the next couple years, CCIA will address a new agreement upon expiration of this extended term. ALTERNATIVES: Continue on a month-to-month basis until full negotiations are opened. Based on current industry issues detailed above, this alternative is not recommended. OTHER CONSIDERATIONS: Not Applicable EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget and Strategic Management FINANCIAL IMPACT: ❑ Operating ® Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,345,160 2,345,160 Encumbered / Expended Amount This item (additional revenue) 30,014 30,014 BALANCE $2,375,174 $2,375,174 Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff requests approval of amendments to the lease agreement as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance United - Lease Amendments Airline Lease Extension — Executive Summary United — Original Lease Agreements ORDINANCE Ratifying and authorizing the City Manager to execute a first amendment to the lease agreement with United Airlines to extend the term of the lease; providing for an effective date; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council ratifies and authorizes the City Manager, or his designee, to execute a first amendment to the existing Airline Use and Lease Agreement with United Air- lines, Inc., in order to extend the term of the lease through September 30, 2017, in consider- ation of the payment of fees. SECTION 2. This ordinance is effective on the 61st day following final approval by the City Council, in compliance with the City Charter of the City of Corpus Christi. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, or word of this ordinance is held invalid or unconstitutional by final judgment of a court of competent juris- diction, it shall not affect any other section, paragraph, subdivision, clause, phrase, or word of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, or word of this ordinance be given full force and effect for its purpose. SECTION 4. Publication will be made in the official publication of the City of Corpus Christi, the costs of which are payable by each tenant, as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucio Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucio Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 2015 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor FIRST AMENDMENT TO THE AIRLINE USE AND LEASE AGREEMENT BETWEEN CITY AND UNITED AIRLINES, INC. STATE OF TEXAS COUNTY OF NUECES LI -111T:7Lp COW -R Pitz This first amendment ("First Amendment") to the Airline Use and Lease Agreement ("Agreement") is made and entered into between the City of Corpus Christi ("City") and United Airlines, Inc. (formerly known as Continental Airlines, Inc.), ("Airline"). WHEREAS, effective August 1, 2009, the City and Airline became parties to that certain Airline Use and Lease Agreement ("Agreement") for use of property and facilities at the Corpus Christi International Airport; WHEREAS, the parties desire to extend the term of the Agreement; and NOW, THEREFORE, the parties agree to the following amended terms and conditions: Section 1. Article 3 of the Agreement is deleted in its entirety and replaced with the following: "Article 3: TERM" "The Agreement shall begin on the Effective Date set forth in Article 2 and shall terminate at midnight on September 30, 2017, subject to earlier termination as provided herein." Section 2. All other terms and conditions of the Agreement not changed by this First Amendment remain in full force'and effect. EXECUTED IN DUPLICATE ORIGINALS as of the dates set forth below. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Ronald L. Olson City Manager Date: Date: Approved as to legal form: Elizabeth Hundley Assistant City Attorney on behalf of the City Attorney UNITED AIRLINES, INC. Name: Title: Date: Page 2 of 2 CRP —Airline Use and Lease Agreement Provisions Current Agreement Extension Amendment (modifications) Comments Agreement Term August 1, 2009—July 31, 2014 (5 years) August 1, 2014—September 30, 2017 (3 years, 2 months) 3 year extension (additional 2 months is due to City's fiscal year change) Payments Terminal rental rates fixed for each fiscal year (1.5% annual escalator) Landing fee subject to landed weight by Terminal rental rates fixed for each fiscal year (3% annual escalator) Only change was percent of escalator. Terminal fee risk is on the airport. Landing fee risk is on the airlines. airlines Other Fees Per turn fee methodology option included Provides fee structure most compatible for new entrant low cost carriers to serve with less than daily service. Currently a source of contention for the legacy airlines. Other relevant provisions Affiliate language so mainline carriers can serve with their flying partners Provides for airport discretionary funds Traditional 80/20 joint use formula Non -signatory fee of 125% Continued rent if airline leaves market Some provisions are common, but will be revised in a new, future agreement. Capital Improvements No Majority -in -Interest voting for airlines Airport can conduct capital projects without airline approvals. AGENDA MEMORANDUM First Reading Ordinance the City Council Meeting of April 28, 2015 Second Reading Ordinance for the City Council Meeting of May 12, 2015 DATE: April 8, 2015 TO: FROM: Ronald L. Olson, City Manager Emily Martinez (361) 882-7448 emartinez@ccredc.com Type A Grant for Govind Development, LCC Located at 9359 IH 37 CAPTION: Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Govind Development, LLC ("Govind") to provide a grant of up to $908,000, for the creation and retention of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Govind Business Incentive Agreement for the creation and retention of jobs; and appropriating $908,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Govind; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing expenditures by $908,000. PURPOSE: Govind will invest in their engineering facility and create and retain jobs in Corpus Christi. They will invest $1,000,000 and create 44 full-time jobs and retain 162 full-time jobs with an annual payroll of $21,800,000. BACKGROUND AND FINDINGS: Govind Development is a full service, multidiscipline engineering firm headquartered in Corpus Christi, Texas at 9510 Leopard Street with offices in Houston, Texas and India. The company's customer base is comprised of national corporations headquartered throughout the country and foreign based companies located throughout the Far East and Africa. Govind Development has been expanding its base of operations in Corpus Christi and is projected to almost double its' annual payroll by 2015 from $12.9 million in 2012. The 18,000 square foot facility was purchased in December 2012 and underwent redevelopment with the investment of approximately $2 million. Due to the growth of the company an additional 6,000 square feet is planned for the existing facility to accommodate an additional 44 full time employees. They currently have 162 jobs. ALTERNATIVES: The company is not eligible for any other incentives. OTHER CONSIDERATIONS: Govind has been a fixture in this community. This grant will be used to invest in their facility and the creation and retention of jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Engineering FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 908,000 908,000 Encumbered / Expended Amount This item 908,000 908,000 BALANCE 0 0 Fund: Type A 1140 RECOMMENDATION: Staff recommends approval of the Type A Grant to Govind in the amount of $908,000 for improvements to their engineering facility and the creation and retention of jobs. LIST OF SUPPORTING DOCUMENTS: Ordinance Type A Agreement Project Service Agreement Page 1 of 3 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Govind Development, LLC ("Govind") to provide a grant of up to $908,000, for the creation and retention of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Govind Business Incentive Agreement for the creation and retention of jobs; and appropriating $908,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Govind; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing expenditures by $908,000. Whereas, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Govind for the creation of at least 44 full-time jobs and the retention of at least 162 full-time jobs an average annual salary of at least $87,200 over a five year period will best satisfy this goal; Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for creation and retention of jobs between the Type A Corporation and Govind; Whereas, there is a need for a business incentive project service agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for the creation of jobs between the Type A Corporation and Govind. Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement for the creation and retention of jobs between the Type A Corporation and Govind that provides for the creation and the retention of jobs within the City of Corpus Christi, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project service agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Govind, which is attached to this ordinance as Exhibit A. ORDINANCE - Govind Page2of3 SECTION 3. That $908,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Govind for the creation and retention of jobs. SECTION 4. That Ordinance No. 030294, which adopted the FY 2014-2015 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $908,000 for a business incentive grant from the Type A Corporation to Govind for the improvements to their engineering facility and the creation and retention of jobs. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor APPROVED: day of , 2015. Corpus Christi, Texas That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Chad Magill ORDINANCE - Govind Page 3of3 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Chad Magill PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary ORDINANCE - Govind Nelda Martinez Mayor BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT GOVIND DEVELOPMENT, LLC This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on October 18, 2010, which the City Council approved on November 9, 2010; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Govind Development, LLC ("Govind") has submitted a proposal to the Type A Corporation for a $908,000 grant for the creation and retention of jobs at their engineering facility; WHEREAS, on January 19, 2015 the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund Govind's creation and retention jobs; and WHEREAS, the Type A Corporation and Govind have executed a business incentives agreement for the creation and retention of jobs related to Govind's engineering facility. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation and Retention of Jobs between the Type A Corporation and Govind related to their engineering facility in Corpus Christi ("Business Incentive Agreement"). Page 1 of 3 Project Service Agreement - Govind 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The remainder of this page intentionally left blank. Page 2 of 3 Project Service Agreement - Govind The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson City Manager Bart Braselton President Date: Date: Attest Rebecca Huerta City Secretary Project Service Agreement - Govind Page 3 of 3 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND GOVIND DEVELOPMENT, LLC FOR CREATION AND RETENTION OF JOBS This Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Govind Development, LLC ("Govind"), a Texas Domestic Limited Liability Company. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on October 18, 2010, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on November 9, 2010; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Govind Development , LLC is a full service, multi -discipline engineering firm located at 9359 IH 37, Corpus Christi, Texas; WHEREAS, Govind proposes to invest approximately $1,000,000 over a five year period; WHEREAS, on March 9, 2015 the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Govind, through this Agreement with Govind, to be used by Govind to expand their engineering facility and will result 1 Type A Business incentive Agreement Govind 0311 15.docx in the creation of 44 full-time jobs and the retention of 162 existing full-time jobs, with an estimated annual average salary of $87,200. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Govind agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the effective date. 3. Performance Requirements and Grants. The Board awarded a grant of $908,000 to be paid out over five years. a. Govind shall invest at least $1,000,000 to expand their offices inside Corpus Christi, over a five year period. Govind shall further, over the term of this Agreement, create 44 full-time jobs and retain 162 full-time jobs, with an average annual salary of $87,200 as described in the schedule below. Year Number of New Jobs Number of Retained Jobs Annual Payroll Capital Investment 1 0 162 14,126,400 1,000,000 2 44 162 17,963,200 0 3 0 206 17,963,200 0 4 0 206 17,963,200 0 5 0 206 17,963,200 0 b. One-third of the grant or $302,600 will be paid out on the signing of the agreement and proof of 162 retained jobs. The remaining $605,400 will be paid out as $151,350 in years 2 through 5 per year. c. Should the Company fall below the Performance Standards in any one year, the Company shall receive a reduced percentage of the Cash Incentive in effect that year. Such reduction will be in that percentage equal to the percentage the Company's performance falls below the Performance Standards. However if the Company falls below 70% then there is no payment for that year. By way of example only: assume a partial Cash Incentive payment is required in the fourth year of this Agreement and the Performance Standards have not been reached. For the purposes of calculating this reduced Cash Incentive, it is agreed that 100% of yearly incentive amount for years 2 through 5 of the Cash Incentive is being given premised on the payroll requirements of this Agreement. The reduced Cash Incentive shall be calculated as follows: 2 Type A Business Incentive Agreement Govind 0311 15.docx Annual payroll commitment: 4th year: $17,963,200 4th year actual: $14,370,560 Percent of Total 80% 5th year incentive calculation: Reduced Cash Incentive calculation: 80% x $151,350 = $121,080 Total Cash Incentive d. Should the Company fall below the Performance Standards in any one year, the Company shall receive a reduced percentage of the Cash Incentive in effect that year. Such reduction will be in that percentage equal to the percentage the Company's performance falls below the Performance Standards. However if the Company falls below 70% then there is no payment for that year. e. The Corporation will award a grant to Govind based on the formula above, payable not later than May 15 of years 2 through 5 each year if Govind makes the required capital investment in buildings, furniture, fixtures and equipment in year 1, creates 44 new jobs in year 2 before the last four payments will be made, and retains the minimum number of full-time jobs in the preceding year described in paragraph 3. a. above (collectively, the "annual performance benchmarks"). f. Govind will display signage that states that they are recipients of Type A funding. This signage will be created at the company's own expense and will be displayed in a location that is visible to a visitor to their facility. All Type A funded projects must have signage erected in a prominent publicly visible area acknowledging funding. The grantee must pay for the signage and a photo must be submitted as part of contract compliance. Signage must include: • Approved Type A logo (provided by the Board) • Indoor signage must be a minimum of 10" x 10"; Outdoor signage must be a minimum of 12" x 12" (only one sign is required) • Made of durable materials as to placement • Displayed during the length of the contract • Wom or damaged signs must be replaced as necessary Additional acknowledgement beyond signage is encouraged at the discretion of the grantee which could include websites, media coverage, special events, etc. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, a lob" must be as defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. 3 Type A Business Incentive Agreement Govind 03 11 15.docx b. Govind agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. c. Govind agrees to provide Corporation with a sworn certificate by authorized representatives of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. d. Govind shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 5. Utilization of Local Contractors and Suppliers. Govind agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Govind agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Govind to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Govind is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 6. Utilization of Disadvantaged Business Enterprises ("DBE'). Govind agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Govind agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Govind agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Govind to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Govind is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises includes 4 Type A Business Incentive Agreement Govind 0311 15.docx firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 7. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 8. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 9. Warranties. Govind warrants and represents to Corporation the following: a. Govind is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Govind has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Govind has timely filed and will timely file all local, State, and Federal tax reports and retums required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Govind has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of Govind is duly authorized to execute this Agreement on behalf of Govind. f. Govind does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Govind is convicted of a violation under §U.S.C. Section 1324a(f), Govind shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Govind has been notified of the violation. 10. Compliance with Laws. During the Term of this Agreement, Govind shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 5 Type A Business Incentive Agreement Govind 03 11 15.docx 11. Non -Discrimination. Govind covenants and agrees that Govind will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure. If the Corporation or Govind are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Govind are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 13. Assignment. Govind may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 14. Indemnity. Govind covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers` compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Govind activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Govind must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default by Govind. The following events constitute a default of this Agreement by Govind: a. The Corporation or City determines that any representation or warranty on behalf of Govind contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Govind or any attachment or other levy against the property of Govind with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. 6 Type A Business Incentive Agreement Govind 03 11 15.docx c. Govind makes an assignment for the benefit of creditors. d. Govind files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Govind become delinquent, and Govind fails to timely and properly follow the legal procedures for protest or contest. f. Govind changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. Govind fails to comply with one or more terms of this Agreement. 16. Notice of Default. Should the Corporation or City determine that Govind is in default according to the terms of this Agreement, the Corporation or City shall notify Govind in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Govind to cure the event of default. 17. Results of Uncured Default by Govind. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Govind, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Govind shall immediately repay all funds paid by Corporation to them under this Agreement. b. Govind shall pay Corporation reasonable attomey fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Govind of all sums due, the Corporation and Govind shall have no further obligations to one another under this Agreement. 18. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. 7 Type A Business Incentive Agreement Govind 03 11 15.docx c. Any waiver or indulgence of Govind's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Govind is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 19. Govind specifically agrees that Corporation shall only be liable to Govind for the actual amount of the money grants to be conveyed to Govind, and shall not be liable to Govind for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Govind to be accompanied by all necessary supporting documentation. 20. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 21. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Govind: Govind Development, LLC Attn: Mr. Govind Nadkami 9359 IH 37 Suite A Corpus Christi, Texas 78409 8 Type A Business Incentive Agreement Govind 0311 15.docx Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 22. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 23. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 24. Relationship of Parties. In performing this Agreement, both the Corporation and Govind will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 25. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. 9 Type A Business Incentive Agreement Govind 03 11 15.docx b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Govind. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. (Remainder of the page intentionally left blank) 10 Type A Business Incentive Agreement Govind 03 11 15.docx Corpus Christi Business & Job Development Corporation By: Bart Braselton President Date: Attest: By: Rebecca Huerta Assistant Secretary Govind Development, LLC By: ,,...Y Govind Nadkarni— President/CEO adkamfPresident/CEO Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on „ L- , 2015, by Govind Nadloimi, President/CEO, for Govind Development, LLC, on behalf of the company 4.4t Notary Public State of Texas 11 Type A Business Incentive Agreement Govind 0311 15.docx 4:-14wL.\ 14./ ELISSA M MOLINA My Commission Expires February 6, 2019 —._4 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT GOVIND DEVELOPMENT, LLC This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on October 18, 2010, which the City Council approved on November 9, 2010; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Govind Development, LLC ("Govind") has submitted a proposal to the Type A Corporation for a $908,000 grant for the creation and retention of jobs at their engineering facility; WHEREAS, on January 19, 2015 the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund Govind's creation and retention jobs; and WHEREAS, the Type A Corporation and Govind have executed a business incentives agreement for the creation and retention of jobs related to Govind's engineering facility. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation and Retention of Jobs between the Type A Corporation and Govind related to their engineering facility in Corpus Christi ("Business Incentive Agreement"). Page 1 of 3 Project Service Agreement - Govind 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The remainder of this page intentionally left blank. Page 2 of 3 Project Service Agreement - Govind The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson City Manager Bart Braselton President Date: Date: Attest Rebecca Huerta City Secretary Project Service Agreement - Govind Page 3 of 3 AGENDA MEMORANDUM First Reading Ordinance the City Council Meeting of April 28, 2015 Second Reading Ordinance for the City Council Meeting of May 12, 2015 DATE: April 8, 2015 TO: FROM: Ronald L. Olson, City Manager Emily Martinez (361) 882-7448 emartinez@ccredc.com Type A Grant for QSROnIine CAPTION: Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and QSROnline.com, Inc.("QSROnline") to provide a grant of up to $129,500, for the creation and retention of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the QSROnline Business Incentive Agreement for the creation and retention of jobs; and appropriating $129,500 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to QSRonline; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing expenditures by $129,500. PURPOSE: QSROnline will invest in their software development offices and create and retain jobs in Corpus Christi. They will invest $400,000 and create 10 full-time jobs and retain 27 full-time jobs with an average salary of $50,000. BACKGROUND AND FINDINGS: QSROnline.com is a local software development company servicing the restaurant industry. They provide comprehensive data processing services for restaurant operators that utilize their essential services for managing the modern restaurant. They have partnered with over 500 foodservice providers to automate data, manage costs and deliver industry specific data. Their customer base includes 1500 restaurant locations that include the United States, Mexico and Canada. ALTERNATIVES: The company is not eligible for any other incentives. OTHER CONSIDERATIONS: QSROnline is a local success story. This is the kind of diversification this community needs to incentivize. This grant will be used to invest in their facility and the creation and retention of jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Engineering FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 129,500 129,500 Encumbered / Expended Amount This item 129,500 129,500 BALANCE 0 0 Fund: Type A 1140 RECOMMENDATION: Staff recommends approval of the Type A Grant to QSROnline in the amount of $129,500 for improvements to their software development offices and the creation and retention of jobs. LIST OF SUPPORTING DOCUMENTS: Ordinance Type A Agreement Project Service Agreement Page 1 of 3 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and QSROnline.com, Inc.("QSROnline") to provide a grant of up to $129,500, for the creation and retention of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the QSROnline Business Incentive Agreement for the creation and retention of jobs; and appropriating $129,500 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to QSRonline; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing expenditures by $129,500. Whereas, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from QSROnline for the creation of at least 10 full-time jobs and the retention of at least 17 full-time jobs an average annual salary of at least $50,000 over a five year period will best satisfy this goal; Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for creation and retention of jobs between the Type A Corporation and QSROnline; Whereas, there is a need for a business incentive project service agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for the creation of jobs between the Type A Corporation and QSROnline. Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement for the creation and retention of jobs between the Type A Corporation and QSROnline that provides for the creation and the retention of jobs within the City of Corpus Christi, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project service agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with QSROnline, which is attached to this ordinance as Exhibit A. ORDINANCE - QSROnline Page2of3 SECTION 3. That $129,500 from the unreserved fund balance in the No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to QSROnline for the creation and retention of jobs. SECTION 4. That Ordinance No. 030294, which adopted the FY 2014-2015 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $129,500 for a business incentive grant from the Type A Corporation to QSROnline for the improvements to their engineering facility and the creation and retention of jobs. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor APPROVED: day of , 2015. Corpus Christi, Texas That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Chad Magill ORDINANCE - QSROnline Page 3of3 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Chad Magill PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary ORDINANCE - QSROnline Nelda Martinez Mayor BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT QSRONLINE.COM, INC. This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on October 18, 2010, which the City Council approved on November 9, 2010; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, QSROnline.com, Inc. ("QSROnline") has submitted a proposal to the Type A Corporation for a $129,500 grant for the creation and retention of jobs at their software development offices; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund QSROnline's creation and retention jobs; and WHEREAS, the Type A Corporation and QSROnline have executed a business incentives agreement for the creation of jobs related to QSROnline's software development offices. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation of Jobs between the Type A Corporation and [business] related to their [project] facility in Corpus Christi ("Business Incentive Agreement"). Page 1 of 3 Business Service Agreement - QSROnline 03 11 15 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The remainder of this page intentionally left blank. Page 2 of 3 Business Service Agreement - QSROnline 03 11 15 The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson City Manager Bart Braselton President Date: Date: Attest Rebecca Huerta City Secretary Business Service Agreement - QSROnline 03 11 15 Page 3 of 3 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND QSRONLINE.COM, INC. FOR CREATION AND RETENTION OF JOBS This Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and QSROnline.com, Inc. ("QSROnline"), a Texas for profit corporation. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Govemment Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on October 18, 2010, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on November 9, 2010; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, QSROnline, a software development company serving restaurant's throughout the country, located 817 Ayers Street; WHEREAS, QSROnIine proposes to invest approximately $400,000 over a five year period; 1 Type A Business Incentive Agreement OSROnline 03 11 15 WHEREAS, on March 9, 2015 the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to QSROnline, through this Agreement with QSROnline, to be used by QSROnline to redevelopment their software office and will result in the creation of 10 full-time jobs and the retention of 17 existing full-time jobs, with an estimated annual average wage of $50,000. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and QSROnline agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the effective date. 3. Performance Requirements and Grants. The Performance Requirements and Grants are listed in Exhibit A, which is attached to and incorporated into this Agreement. a. QSROnIine shall invest at least $400,000 to redevelop their software office in year 1. QSROnline shall further, over the term of this Agreement, create 10 full-time jobs and retain 17 full-time jobs, with an average annual wage of $50,000 as described in the schedule below. Year Number of New Jobs Number of Retained Jobs Annual Payroll Capital Investment 1 2 17 1,013,927 400,000 2 2 19 1,140,623 3 2 21 1,273,655 4 2 23 1,413,337 5 2 25 1,560,004 b. Grants, not to exceed $25,900 per year and a cumulative total of $129,500 over 5 years, are available on a per job created/retained basis. c. Should the Company fall below the Performance Standards in any one year, the Company shall receive a reduced percentage of the Cash Incentive in effect that year. Such reduction will be in that percentage equal to the percentage the Company's performance falls below the Performance Standards. However if the Company falls below 70% then there is no payment for that year. By way of example only: assume a partial Cash Incentive payment is required in the fifth year of this Agreement and the Performance Standards have not been reached. For the purposes of calculating this reduced Cash Incentive, it is agreed that 50% of the Cash 2 Type A Business Incentive Agreement CISRonline 03 11 15 Incentive is being given premised on the payroll requirements of this Agreement and 50% is attributable to the capital investment requirements. The reduced Cash Incentive shall be calculated as follows: Annual payroll commitment: 5th year: 5th year actual: Percent of Total $1,560,004 $1,248,003 80% 5th year incentive calculation: Reduced Cash Incentive calculation: 50% x 80% x $25,900 = $10,360 Total Cash Incentive Annual Investment commitment: 5th year: 5th year actual: Percent of Total $0 $0 100% Economic Incentive Calculation: 100% x 50% x $29,500 = $14,750 $10,360 + $14,750 = $25,110 In the 5th year, the Company would receive a reduced Cash Incentive of $25,110 from the Corporation for not meeting the performance goals for annual payroll requirements. d. Should the Company fall below the Performance Standards in any one year, the Company shall receive a reduced percentage of the Cash Incentive in effect that year. Such reduction will be in that percentage equal to the percentage the Company's performance falls below the Performance Standards. However if the Company falls below 70% then there is no payment for that year. e. The Corporation will award a grant to QSROnline based on the formula above, payable not later than May 15 if QSROnline makes the required capital investment in buildings, fumiture, fixtures and equipment in year 1, creates 10 new jobs, and retains the minimum number of full-time jobs in the preceding year described in paragraph 3. a. above (collectively, the "annual performance benchmarks"). f. QSROnline will display signage that states that they are recipients of Type A funding. This signage will be created at the company's own expense and will be displayed in a location that is visible to a visitor to their facility. All Type A funded projects must have signage erected in a prominent publicly visible area acknowledging funding. The grantee must pay for the signage and a photo must be submitted as part of contract compliance. Signage must include: • Approved Type A logo (provided by the Board) • Indoor signage must be a minimum of 10" x 10"; Outdoor signage must be a minimum of 12" x 12" (only one sign is required) • Made of durable materials as to placement • Displayed during the length of the contract • Worn or damaged signs must be replaced as necessary Additional acknowledgement beyond signage is encouraged at the discretion of the grantee which could include websites, media coverage, special events, etc. 3 Type A Business Incentive Agreement QSROnline 03 11 15 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, a "job" must be as defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. b. QSROnline agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. c. QSROnline agrees to provide Corporation with a swom certificate by authorized representatives of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. d. QSROnline shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 5. Utilization of Local Contractors and Suppliers. QSROnline agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. QSROnIine agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of QSROnline to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if QSROnline is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 6. Utilization of Disadvantaged Business Enterprises {"DBE"). QSROnline agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another govemmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. QSROnline agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. QSROnline agrees, during the construction 4 Type A Business Incentive Agreement QSROnIine 03 11 15 of the Project and for four years after Completion, to maintain written records documenting the efforts of QSROnline to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if QSROnline is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 7. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a living wag& for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 8. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 9. Warranties. QSROnIine warrants and represents to Corporation the following: a. QSROnline is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. QSROnIine has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. QSROnline has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. QSROnline has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of QSROnline is duly authorized to execute this Agreement on behalf of QSROnline. f. QSROnline does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, QSROnIine is convicted of a 5 Type A Business Incentive Agreement OSROnline 03 11 15 violation under §U.S.C. Section 1324a(f), QSROnIine shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120" day after the date QSROnline has been notified of the violation. 10. Compliance with Laws. During the Term of this Agreement, QSROnline shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 11. Non -Discrimination. QSROnIine covenants and agrees that QSROnline will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure. if the Corporation or QSROnIine are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or QSROnline are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 13. Assignment. QSROnline may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 14. Indemnity. QSROnline covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees"} against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with QSROnline activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. QSROnline must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default by QSROnline. The following events constitute a default of this Agreement by QSROnline: 6 Type A Business Incentive Agreement QSROnline 03 11 15 a. The Corporation or City determines that any representation or warranty on behalf of QSROnline contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against QSROnline or any attachment or other levy against the property of QSROnline with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. QSROnline makes an assignment for the benefit of creditors. d. QSROnline files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by QSROnline become delinquent, and QSROnline fails to timely and properly follow the legal procedures for protest or contest. f. QSROnIine changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. QSROnline fails to comply with one or more terms of this Agreement. 16. Notice of Default. Should the Corporation or City determine that QSROnline is in default according to the terms of this Agreement, the Corporation or City shall notify QSROnline in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for QSROnline to cure the event of default. 17. Results of Uncured Default by QSROnline. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of QSROnline, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. QSROnline shall immediately repay all funds paid by Corporation to them under this Agreement. b. QSROnline shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by QSROnline of all sums due, the Corporation and QSROnline shall have no further obligations to one another under this Agreement. 7 Type A Business Incentive Agreement QSROnline 03 11 15 18. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of QSROnline's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time QSROnline is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 19. QSROnline specifically agrees that Corporation shall only be liable to QSROnIine for the actual amount of the money grants to be conveyed to QSROnline, and shall not be liable to QSROnline for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from QSROnline to be accompanied by all necessary supporting documentation. 20. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 21. Notices. 8 Type A Business incentive Agreement QSROnline 0311 15 a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: QSROnline: QSROnline.com, Inc. Attn: President PO Box 6496 Corpus Christi, Texas 78466-6496 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 22. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 23. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 24. Relationship of Parties. In performing this Agreement, both the Corporation and QSROnline will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 25. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 9 Type A Business Incentive Agreement OSROnline 03 11 15 26. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and QSROnline. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. (Remainder of this page intentionally left blank) 10 Type A Business Incentive Agreement QSROnline 03 11 15 Corpus Christi Business & Job Development Corporation By: Bart Braselton President Date: Attest: By: Rebecca Huerta Assistant Secretary QSROnIine.com, Inc. By: %/�C� Michael A. Cuevas President Date: </-ij-/S--- THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on- , 2015, by Michael A. Cuevas, President, for QSROnIine.com, Inc., a Texas For profit corporation, on behalf of the corpotion Notary Public State of Texas 11 Type A Business Incentive Agreement OSROnline 0311 15 LIMA STAUB Notary Public, Slate al Texas My Commission Expires 04/26/2018 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT QSRONLINE.COM, INC. This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on October 18, 2010, which the City Council approved on November 9, 2010; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, QSROnline.com, Inc. ("QSROnline") has submitted a proposal to the Type A Corporation for a $129,500 grant for the creation and retention of jobs at their software development offices; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund QSROnline's creation and retention jobs; and WHEREAS, the Type A Corporation and QSROnline have executed a business incentives agreement for the creation of jobs related to QSROnline's software development offices. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation of Jobs between the Type A Corporation and [business] related to their [project] facility in Corpus Christi ("Business Incentive Agreement"). Page 1 of 3 Business Service Agreement - QSROnline 03 11 15 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The remainder of this page intentionally left blank. Page 2 of 3 Business Service Agreement - QSROnline 03 11 15 The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson City Manager Bart Braselton President Date: Date: Attest Rebecca Huerta City Secretary Business Service Agreement - QSROnline 03 11 15 Page 3 of 3 AGENDA MEMORANDUM Future item for the City Council meeting of April 28, 2015 Action Item for the City Council meeting of May 12, 2015 DATE: April 9, 2015 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds@cctexas.com 886-2604 Approval to submit a grant application to the Automobile Burglary and Theft Prevention Authority to continue the motor vehicle theft enforcement grant in the Police Department CAPTION: Resolution authorizing the City Manager or designee to submit a grant application in the amount of $822,504 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 15 with a City cash match of $457,926, in-kind match of $52,439, and program income match of $3,546 for a total project cost of $1,336,415 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. PURPOSE: The City must apply for these funds each year. BACKGROUND AND FINDINGS: The City of Corpus Christi is applying for Year 15 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through a monthly fee of $2 on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant which includes crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased from 1,515 to 561 in 2014. 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 copy machine and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for three sworn officers who are funded and currently work in the auto theft and auto burglary bureau. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 20 plus years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $5,987,200 $5,987,200 Encumbered / Expended Amount $3,093,548 $3,093,548 This item $42,826 $471,085 $513,911 BALANCE $2,850,826 $2,850,826 Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Grant budget Resolution Authorizing the City Manager or designee to submit a grant application in the amount of $822,504 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 15 with a City cash match of $457,926, in-kind match of $52,439, and program income match of $3,546 for a total project cost of $1,336,415 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 $822,504 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 15 with a City cash match of $457,926, in-kind services of $52,439, and a program income match of $3,546 , for a total project cost of $1,336,415 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Automobile Theft Prevention Authority. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AUTOMOBILE BURGLARY &THEFT PREVENTION AUTHORITY Application for State Assistance Form ABTPA-104 10'.12: 1. For ABTPA Use Only 3. a. Date Submitted b. Applicant Identifier 2. State Program Classification (ForABTPA Use Only) 4. a. Date Received by State b. State Application Identifier 5. Applicant Information a. Legal Name. CITY OF CORPUS CHRISTI POLICE DEPARTMENT b, Address (give street or P. 0. Box, City, County. State, and Zip Code) 321 JOHN SARTAIN STREET CORPUS CHRISTI, TX 78401 c. Organizational Unit: CORPUS CHRISTI AUTO THEFT TASK FORCE d Name and telephone number of person to be contacted on matters involving this application (give area code) PAULAKAY OLIVAREZ 361.886.2872 6. State Payee Identification Number: 1746000574-01 7. Type of Applicant (enter the appropriate A. State H. Independent B. County I. State Controlled C Municipal J. Private University D Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Nonprofit Organization G. Special District N. Other (specify) tetter in box) C School District Institution of Higher Learning 8. Type of Application. New ® Continuation ❑ Revision If Revision, check appropriate box(es). 9. Name of Grantor Agency. Texas Automobile Burglary & Theft Prevention Authority 4000 Jackson Avenue Austin, (512) Texas 78731 Phone: 374-5101 Fax: (512) 374-5110 Website: v+ ww.btwatchvourcar-com Ill Increase Award ❑ Decrease Award I Other (specify) Increase Duration • Decrease Duration 10. Title of Project: CORPUS CHRISTI AUTO THEFT AND BURGLARY PREVENTION GRANT 11. Areas of Project Activities (Cities. Counties. States, etc.) CORPUS CHRISTI, NUECES COUNTY 12. Proposed Project Start Date 09/01/15 Ending Date 08/31/16 13. Is application subject to review by state executive order 12372 process? available to the Texas Review and review on • YES, this application was made Comment System (TRACS) for Program is not covered by E. 0. Program has not been selected ® NO Date: 12372 by state for review 14. Funding Summary. Total of a, b, & c must agree with d. Note: Please enter whole dollars for the amounts requested. a. Total State Grant Funds $ 822,504 Requested (ABTPA) b Cash Match $ 457,926 c. In -Kind Match $ 55,985 15. Is the applicant delinquent on any federal debt? • YES If "Yes" attach an explanation 1., NO d. TOTAL(s) $ 1,336,415 16. To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a Typed name of Authorized Oficial RON OLSON b. Title CITY MANAGER c. Telephone Number 361-826-3220 d Signature of Authorized Official e. Date Signed ABTPA-1 of 32 Telliblitar AUTOMOBILE BURGLARY &THEFT PREVENTION AUTHORITY Form ABTPA-104 (01/12) PROJECT APPROVAL INFORMATION Item 1. Does this assistance request require state, local, regional, or other priority rating? D Yes No Item 2_ Does this assistance require state, or local advisory, educational, or health clearance? D yes No Item 3. Does this assistance request require state, local, regional, or other planning approval? ®Yes ❑No Item 4. Will the assistance requested serve a federal installation? DYes No Item 5_ Will the assistance requested have an impact or effect on the environment? D Yes No Item 6. Will the assistance requested cause the displacement of individuals, families, businesses or farms? DYes No Item 7. Is there other related assistance on this project (previous, pending, or anticipated)? D Yes No Name of Governing Body Priority Rating Name of Agency or Board (Attach Documentation) Name of Approving Agency CITY OF CORPUS C Name of Federal Installation Federal Population Benefiting from Project See instructions for additional information to be provided. Number of Individuals Families Businesses Farms See instructions for additional information to be provided. ABTPA-2 of 32 nitarrar AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY Form ABTPA-104 (01/12? BUDGET SUMMARY Section A - Budget Summary n e S h e d u l e Budget Categories (1) ABTPA Funds (2) Cash Match (3) In -Kind Match (4) Total 1 A Personnel (Direct Salaries) 369,684 305,542 41,966 717,192 2 A Personnel (Fringe Benefits) 166,151 132,838 298,989 3 B Professional and Contractual Services Total Program Income (available) $ 3,546 IN-KIND (Total must agree with ABTPA-1, Line 14c.) TOTAL 55,985 4 C Travel 13,744 3,546 A 17,290 5 D Equipment 206,500 E 206,500 6 E Supplies and Direct Operating Exp. 66,425 16,000 14,019 96,444 7 Total Direct Charges (Sum of144 822,504 457,926 55,985 1,336,415 8 F Indirect Costs 9 TOTALS (Sum of7.8) 822,504 457,926 55,985 1,336,415 Section B - Cash and/or In -Kind Match Enter separately each source of matching funds and the amounts. Total Match must agree with the total of Line 9, Column 2 and Column 3 above and the total of lines 14 (b) and (c) on ABTPA-1. CASH TOTAL Source Amount Source Amount SALARIES AND OT 305,542 305,542 FRINGE 132,838 132,838 SUPPLIES 16,000 16,000 PROGRAM INCOME (To be utilized.) TOTAL 454,380 Total Program Income (available) $ 3,546 IN-KIND (Total must agree with ABTPA-1, Line 14c.) TOTAL 55,985 Source Amount Schedule Amount A 41,966 D 41,966 B E 14,019 14,019 C TOTAL MATCH 513,911 ABTPA-3 of 32 AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY Form ABTPA-104 (01/12) SCHEDULE A PERSONNEL 1. Direct Salaries (1) (2) (3) (4) Title or Position % of Salary ABTPA Funds Cash Match In -Kind Match TOTAL (A) LIEUTENANT 100 82,872 60,850 50,292 82,872 (B) DETECTIVE 100 76,959 66,712 44,472 76,959 (C) DETECTIVE 100 76,959 10,308 14,700 76,959 (D) DETECTIVE 100 76,959 132,838 76,959 (E) DETECTIVE 100 76,959 438,380 76,959 (F) DETECTIVE 100 69,812 69,812 (G) DETECTIVE 100 69,812 69,812 (H) GRANT ADM/PROJECT MGR 100 39,173 39,173 (I) ANALYST 100 43,162 43,162 (J) INTAKE SPECIALIST 50 32,955 32,955 (K) NICB SPECIAL AGENT 41,966 41,966 (L) (M) (N) Overtime 17,604 12,000 29,604 TOTAL Direct Salaries 950 369,684 305,542 41,966 717,192 2. Fringe Benefits ABTPA-4 of 32 % of $ Rate FICA @ 7.65 28,281 23,374 51,655 Retirement 14.80 % 60,850 50,292 111,142 Insurance 66,712 44,472 111,184 Other: (Explain) @ 10,308 14,700 25,008 TOTAL Fringe Benefits 166,151 132,838 298,989 TOTAL PERSONNEL BUDGET 535,835 438,380 41,966 1,016,181 ABTPA-4 of 32 11,114er Cur AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY Form ABTPA-104 (01/12) SCHEDULE A PERSONNEL NARRATIVE 1. Attach a description of the duties or responsibilities of each position. (Job posting can not substitute for descriptive narrative for each position.) • Include only one position per line. • Percentage of salary to be funded by grant funds. • Should reflect employee's gross salary attributable to the project. • Include percent of time on auto theft for each position. (40 hours per week) GRANT PERSONNEL: 1) LIEUTENANT: Serves as the supervisor for the task force. Coordinates all tactical investigations and communicates with police administration on all auto theft and auto burglary matters. Oversees bait vehicle program, proactive and reactive initiatives, field operations and responses. Ensures goals and objectives of grant are met. 100%, $82,872100% 2) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi jurisdictional cases. Performs work on all goals and objectives of the grant. 100%, $76,959, 100% 3) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. 100%, 76,959, 100% 4) GRANT ADMINISTRATOR: Facilitates all aspects of the auto theft grant throughout the year. Responsible for the development and regulation of the grant application and budget. Serves as a liaison to City Hall, Corpus Christi Police Department, ABPTA, area law enforcement agencies and media. Ensures ABTPA grant compliance. Develops, coordinates and deliver a full scale public awareness program. Assists in performance of grant goals and objectives. 100%, $37,651,100% 5) CRIME ANALYST: Collects crime data specific to auto burglary and auto theft to identify trends and patterns for departmental personnel. Prepares reports as requested by supervisor and auto theft personnel. Creates database of local auto crime thieves for the use of detectives. Performs work on goals and objectives of the grant. 100%, $41,486, 100% 6) INTAKE SPECIALIST: Serves as customer service representative for the ATTF for civilians and law enforcement. Performs daily entry of all stolen and recovered vehicles. Completes offense and supplemental reports from victims. Answers calls and keeps detectives informed of leads and information. Assists in performance of grant goals and objectives. 100%, $31,675, 100% CITY MATCH PERSONNEL: 1) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with enforcement agencies for multi jurisdictional cases. Performs work on all goals and objectives of the grant. 0%, 2) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with enforcement agencies for multi -jurisdictional cases. Performs work on all goals and objectives of the grant. 0%, 3) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with enforcement agencies for multi jurisdictional cases. Performs work on all goals and objectives of the grant. 0%, 4) DETECTIVE: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with enforcement agencies for multi jurisdictional cases. Performs work on all goals and objectives of the grant. 0%, other law $76,959, 100% other law $76,959, 100% other law $69,812, 100% other law $69,812, 100% INKIND PERSONNEL: 1) NICB SPECIAL AGENT: in collaboration with the NICB, a Special Agent will be placed under the Auto Theft Task Force. He will assist in the recovery and tracking of stolen vehicles throughout the state of Texas and the US with his use and knowledge of ISO, Carfax, OCRA. He will assist with 68As and the research associated with the trailers we check. He will be a liaison with other agencies within Texas, the US and other NiCB agents to help gather information on current trends and help disseminate information about our current trends. ABTPA-5 of 32 Velibilitor Cu AUTOMOBILE BURGLARY &THEFT PREVENTION AUTHORITY 2. Fringe Benefits Narrative (Describe fringe benefits and how expenses were calculated). Form ADTPA-104 {01112) ABTPA PERSONNEL FICA= ABPTA SALARIES: $ 369,684 x 7.65% = $ 28,281 RETIREMENT: TOTAL SALARIES: $369,684 x 14.80% = $ 60,850 INSURANCE: GROUP INSURANCE: $8,876.27 X 6 STAFF = $ 53258 SELF INSURANCE: $2,242.34 X 6 STAFF = $ 13,454 TOTAL= $66,712 OTHER: PLAIN CLOTHES: CLEANING: EDUCATION PAY: LONGEVITY PAY: VISION: SUPPLEMENTAL: DENTAL $900 PER YEAR x 3 DETECTIVES = $2700 $720 PER YEAR x 3 DETECTIVES = $2160 VARIES BETWEEN DETECTIVES = $3216 VARIES BETWEEN DETECTIVES = $3120 $7 x 12 MONTHS x 3 DETECTIVES = $252 $10 x 12 MONTHS x 3 DETECTIVES = $360 $45 x 12 MONTHS x 3 DETECTIVES = $1620 TOTAL = $13,428 CASH MATCH PERSONNEL FICA= CASH MATCH SALARIES: $ 305,542 x 7.65%= $23,374 RETIREMENT: TOTAL SALARIES: $305,542 x 14.80% = $ 50,292 INSURANCE: GROUP INSURANCE: $8,876.27 X 6 STAFF = $ 35,504 SELF INSURANCE: $2,242.34 X 6 STAFF = $ 8968 TOTAL= $44,472 OTHER: PLAIN CLOTHES: CLEANING: EDUCATION PAY: LONGEVITY PAY: VISION: SUPPLEMENTAL: DENTAL $900 PER YEAR x 3 DETECTIVES = 53600 $720 PER YEAR x 3 DETECTIVES = $2880 VARIES BETWEEN DETECTIVES = $5244 VARIES BETWEEN DETECTIVES = 53720 57 x 12 MONTHS x 3 DETECTIVES = $336 $10 x 12 MONTHS x 3 DETECTIVES = $480 545 x 12 MONTHS x 3 DETECTIVES = $2160 TOTAL = $18,420 ABTPA-6 of 32 Crir AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY Form ABTPA-104 (01/12) SCHEDULE A - OVERTIME NARRATIVE REQUIRED NARRATIVE: Provide a brief summary on the use of overtime funds. 1. Include description of work activity to be conducted. 2. Estimate number of hours and cost for overtime activities. Work to be performed with overtime hours are proactive operations, reactive assessments and public awareness. Most covert operations occur in the evening as well as Targe case breaks and require detectives to work outside the normal business hours. Most public awareness events occur in the evening and weekend hours. The Corpus Christi Auto Theft Task Force is asking for the maximum allowed limit of 5% of ABTPA salaries which equals to $ 17,604. This amount will cover overtime hours for public presentations, operations and call out investigations. ABTPA-7 of 32 all' illser Mr AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY Form ASTPA•104 {0t/12} SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES ABTPA-8 of 32 (1) (2) (3) (4) Description of Service ABTPA Funds Cash Match In -Kind Match TOTAL (A) (B) (C) (D) (E) (F) (G) (H) (1) (J) TOTAL PROFESSIONAL AND CONTRACTUAL SERVICES ABTPA-8 of 32 elill'ear Cu AUTOMOBILE BURGLARY &THEFT PREVENTION AUTHORITY Form ABTPA•104 (01/12) SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES NARRATIVE REQUIRED NARRATIVE: Briefly describe any anticipated contractual arrangement and work products expected. Describe basis for arriving at the cost of each line item. Professional services (such as consultants, trainers, counselors, evaluators, etc.) should be described by type of service, number of hours, rate per hour, and travel costs, if any. ABTPA-9 of 32 AUTOMOBILE BURGLARY &THEFT PREVENTION AUTHORITY Form A8TPA•104 (01/12) SCHEDULE C TRAVEL 1. In -State Travel (Specify clearly and use continuation pages if necessary) 2. Out -of -State Travel (Specify clearly and use continuation pages if necessary) (1) (2) (3) (4) Purpose Destination ABTPA Funds Cash Match In -Kind Match TOTAL ABTPA BRD MTG (3) AUSTIN, TX 3,840 1,500 3,840 TAVTI CNF/ BRD MT 1 SOUTH PADRE, TX 4,680 4,680 TCPA CONFERENCE AUSTIN, TX 1,026 1,026 GRANT ADMIN MILEAGE 2000 X 51 1,020 1,020 TOTAL In -State Travel 8,520 2,046 10,566 2. Out -of -State Travel (Specify clearly and use continuation pages if necessary) ABTPA-1 0 of 32 (1) (2) (3) (4) Purpose Destination ABTPA Funds Cash Match In -Kind Match TOTAL IAATI CONFERENCE NASHVILLE, TN 5,224 1,500 6,724 TOTAL Out -Of -State Travel 5,224 1,500 6,724 TOTAL TRAVEL BUDGET 13,744 3,546 17,290 ABTPA-1 0 of 32 V11,1111`or Cor AUTOMOBILE BURGLARY &THEFT PREVENTION AUTHORITY Form ABTPA-104 (01/12) SCHEDULE C TRAVEL NARRATIVE REQUIRED NARRATIVE: Briefly describe the applicant's travel policy (i.e., mileage rates and per diem rates). Specify purposes for each item of travel. Break out costs of each in-state and each out-of-state trip to separately show the specific costs of transportation and per diem. Describe travel purposes an d expense calculations (example: purpose, number of participants, number of days/nights, costs for lodging/per diem, transportation, parking, etc. ABTPA BOARD MEETINGS - AUSTIN, TX TOTAL $3840 3 PARTICIPANTS (1) BOARD MEETING/JANUARY HOTEL: 140 x 3 ROOMS x 2 NIGHTS = $420 MEALS: 71 x 3 x 2 DAYS = $426 (1) BOARD MEETING/GRANT WORKSHOP - MARCH HOTEL 140 x 3ROOMS x 2 NIGHTS = 5840 MEALS: 71 x 3 x 3 DAYS = 5639 (1) BOARD MEETING/GRANT REVIEW -JUNE HOTEL 140 x 3ROOMS x 2 NIGHTS = $840 MEALS: 71 x 3 x 3 DAYS = $639 TAVTI CONFERENCE - SOUTH PADRE, TX (1) ABTPA BOARD MEETING TOTAL 54680 HOTEL: 120 x 5 ROOMS x 5 NIGHTS = 53000 5 PARTICIPANTS MEALS: 56 x 5 x 6 DAYS = 51680 IAATI CONFERENCE - NASHVILLE, TN TAVTI BOARD MEETING TOTAL 56724 TCPA CONFERENCE -AUSTIN , TX TOTAL $1026 1 PARTICIPANT HOTEL 132 x 4 x 5 NIGHTS = 52640 MEALS: 66 x 4 x 6 DAYS = 51584 AIRFARE: 500 X 4 = $2000 (1000 - ABPTA, 1000 CASH MATCH) CAR RENTAL = 5500 (CASH MATCH) HOTEL 120 x 1 ROOM X 5 NIGHTS = 5600 MEALS: 71 x 1 x 6 DAYS = $426 GRANT ADMINISTRATOR/ PROJECT MANAGER MILEAGE 2000 x .51 = 51020 ABTPA-11 of 32 labitir tar AUTOMOBILE BURGLARY &THEFT PREVENTION AUTHORITY Form ABTPA-104 (01112) SCHEDULE D EQUIPMENT PURCHASES ABTPA-12 of 32 (1) (2) (3) (4) Equipment Name or Description and Quantity (Do Not List Brand Names) ABTPA Funds Cash Match In -Kind Match TOTAL (A) 5 TRUCKS/SUV 150,000 150,000 (B) 5 TINT AND ALARM 4,000 4,000 (C) 5 TOOL BOXES 1,250 1,250 (D) 5 STEP BARS 1,250 1,250 (E) METAL BUILDING FOR IMPOUND LOT 50,000 50,000 (F) (G) (H) (1) (J) (K) (L) (M) (N) (0) (P) TOTAL EQUIPMENT PURCHASES 206,500 206,500 ABTPA-12 of 32 AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY Form ABTPA-104 (01/12) SCHEDULE D EQUIPMENT NARRATIVE REQUIRED NARRATIVE: Briefly describe the use of equipment and the cost of each line item. A) (5) FORD F150 4x4 TRUCKS/SUV: (5150,000) 5 TRUCKS ARE NEEDED TO REPLACE 4 TRUCKS AND 1 CAR CURRENTLY IN OUR FLEET. THESE VEHICLES ARE OLDER AND ARE FREQUENTLY DOWN AT MAINTENANCE FOR REPAIRS NEEDED. MANY OF THESE VEHICLES ARE OVER 100,000 MILES AND ARE WELL OVER 10 YEARS OLD. ALL OLD GRANT VEHICLES WILL BE SOLD AT AUCTION TO BE DEPOSITED INTO PROGRAM INCOME B) (5) TINT AND ALARM FOR PURCHASED TRUCKS: (54000) TINT AND ALARMS WILL BE NEEDED TO OUTFIT THE TRUCKS FOR UNDERCOVER OPERATIONS. C) (5) TOOL BOXES FOR PURCHASED TRUCKS: ($1,250) TOOLBOXES WILL BE NEEDED TO KEEP ALL TOOLS AND EQUIPMENT SAFE. TOOLS AND EQUIPMENT ARE UTILIZED BY DETECTIVES IN THE FIELD. D) (5) STEP BARS FOR PURCHASED TRUCKS: ($1,250) STEP BARS WILL BE NEEDED TO ASSIST IN TRANSPORATION OF DETECTIVES AND SUSPECTS BOTH IN AND OUT OF VEHICLES. E) STEEL BUILDING FOR NEW IMPOUND LOT: (550,000) CONSTRUCTION OF A NEW STEEL BUILDING IS NEEDED WITH THE MOVE OF THE CITY IMPOUND LOT TO A DIFFERENT LOCATION. CONSTRUCTION INCLUDES FOUNDATION AND STEEL BUILDING FOR HYDRAULIC LIFT TO INSPECT VEHICLES FOR CONFIDENTIAL VINS. ABTPA-13 of 32 Car AUTOMOBILE BURGLARY &THEFT PREVENTION AUTHORITY Form ABTPA-164 (01,12) SCHEDULE E SUPPLIES AND DIRECT OPERATING EXPENSES ABTPA-14 of 32 (1) (2) (3) (4) Directly Charged Supplies and Other Operating Expenses ABTPA Funds Cash Match In -Kind Match TOTAL (A) OFFICE SUPPLIES 7,000 7,000 (B) COMMUNICATONS 7,405 7,405 (C) PUBLIC AWARENESS 10,000 10,000 (D) POSTAGE 500 500 (E) FUEL 20,000 20,000 (F) RENTAL SPACE 11,030 11,030 (G) AAA STORAGE 1,620 1,620 (H) COPIER SUPPLIES 2,989 2,989 (I) CONFIDENTIAL FUNDS 1,000 1,000 (J) MISC TOOLS 3,000 3,000 (K) VEHICLE MAINTENANCE 10,000 16,000 26,000 (L) REGISTRATION FEES 4,700 4,700 (M) COVERT TRACKER AGREEMENT 1,200 1,200 (N) (0) (P) TOTAL SUPPLIES AND DIRECT OPERATING EXPENSES 66,425 16,000 14,019 96,444 ABTPA-14 of 32 SPlicalir AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY Form AOWPA-104 (01/12) SCHEDULE E SUPPLIES AND DIRECT OPERATING EXPENSES NARRATIVE REQUIRED NARRATIVE: Briefly describe the basis for arriving at the cost of each line item AND THE USE OF EACH ITEM. A) OFFICE SUPPLIES: ($7,000) - OFFICE SUPPLIES UTLIZED THROUGHOUT THE YEAR TO COVER USE WILL CONSIST OF, BUT NOT LIMITED TO: INK AND TONERS FOR ALL ATTF PRINTERS, PRINTER PART REPLACEMENTS, FAX MACHINE TONER, PENS, PENCILS, MARKERS, BINDERS, SMALL DESK EQUIPMENT, PAPER, FOLDERS, STAPLES, PAPERCLIPS, PADFOLIOS, DIVIDERS, SHEET PROTECTORS, LABELS, ETC. (B) COMMUNICATIONS: ($7405) -TO COVER CELL PHONE AND AIRCARD CHARGES NEEDED TO UTLIZE PHONES, LAPTOPS AND BAIT VEHICLES. 1 CELL PHONE x $80.37 DATA PLAN x 12 MONTHS = $965 7 CELL PHONE x $53.23 DATA PLAN x 12 MONTHS = $4472 4 AIR CARDS x $41 DATA PLAN x 12 MONTHS = $1968 TOTAL = $7405 (C) PUBLIC AWARENESS: ($10,000) - PUBLIC AWARENESS FUNDS COVER ADDITIONAL PROMOTIONAL ITEMS NEEDED THROUGHOUT THE YEAR, ADDITIONAL PAMPHLETS, MEDIA BUYS, BOOTH FEES AND PUBLIC AWARENESS SHIRTS. (D) POSTAGE: ($500) - POSTAGE NEEDED FOR REPORT MAILINGS AS WELL AS FLYER AND PAMPHLET MAILINGS. (E) FUEL: ($20,000) - PROJECTED FUEL COSTS FOR THE YEAR BETWEEN ALL DETECTIVE VEHICLES, PROMOTIONAL WRAP VEHICLE, BAIT VEHICLES AND LPR VEHICLE. (F) RENTAL SPACE: ($11,030) - INKIND MATCH OF OFFICE SPACE .6128 x 1520 SQFT x 12 MONTHS (G) AAA STORAGE: (1,620) - STORAGE UNIT UTILIZED OFF SITE TO MAINTAIN ALL ABTPA INVENTORY OF ALL ABPTA ITEMS. (H) COPIER SUPPLIES: ($2,989) - INKIND MATCH OF COPIER SUPPLIES UTILIZED BY ATTF THROUGHOUT THE YEAR (I) CONFIDENTIAL FUNDS: ($1,000) - FUNDS TO BE UTILIZED FOR CONFIDENTIAL INFORMANT INFORMATION USED FOR AUTO THEFT AND AUTO BURGLARY CASES. (J) MISCTOOLS: ($3,000) -TOOLS TO BE PURCHASED FOR USE BY DETECTIVES DURING FIELD OPERATIONS, INVESTIGATIONS AND ASSESSMENTS. (K) VEHICLE MAINTENANCE: ($10,000) - TO COVER COSTS OF ALL VEHICLE MAINTENANCE FOR ALL ATTF VEHICLES. (16,000 - cash match) (L) REGISTRATION AND MEMBERSHIP FEES: ($4,700) TAVTI: $150 x 9 = $1350 IAATI: $350 x 9 = $3150 TCPA: $200 x 1 = $200 (M) COVERT TRACKER :($1200) - 2 MAINTENANCE MAPPING AGREEMENT FOR 12 MONTHS. ABTPA-15 of 32 Igibitcr AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY Farm ABTPA-104 (01/12) SCHEDULE F NARRATIVE Currently ABTPA does not fund indirect costs, except for the Council of Governments agencies. Applicants may not use option (A) without having an official cost allocation plan developed in accordance with OMB Circular No. A-87. The amount may be entered as ABTPA funds or cash match for those applicants having such an approved plan. ABTPA-16 of 32 c 1852 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 28, 2015 Second Reading Ordinance for the City Council Meeting of May12, 2015 DATE: April 7, 2015 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Interlocal Agreement with Del Mar College for the Fire Department to provide ambulance training to Emergency Medical Services (EMTs) students. CAPTION: Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement with Del Mar College for the training of emergency medical service students. PURPOSE: Del Mar College provides state -approved courses to the public in Emergency Medical Services (EMS). The Corpus Christi Fire Department is a major EMS provider within the service district of the college that is capable of providing the required ambulance experience. Through the proposed Agreement, it is agreed as follows: • The Corpus Christi Fire Department will accept EMS students for experience, training, and instruction in emergency medical practice and treatment aboard Mobile Intensive Care Units and/or Advanced Life Support Vehicles responding to actual emergency calls. • The Corpus Christi Fire Department will provide a Certified Paramedic on each vehicle, who will directly supervise any emergency care rendered, and any procedures performed by the EMS students. • The College will provide a clinical Coordinator to set up scheduling for EMS students and to assure adherence to CCFD policy. • The College shall provide and maintain Student Blanket Liability Insurance with liability limits of $1,000,000.00 per occurrence and $3,000,000.00 in aggregate, and will keep such coverage during the life of the Agreement. • The Agreement shall be for an indefinite period and either party may terminate the Agreement at any time upon thirty (30) day notice to the other party. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of resolution to enter into an Interlocal Agreement with Del Mar College. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this resolution to execute an Interlocal Agreement with Del Mar College for the training of emergency medical service students. LIST OF SUPPORTING DOCUMENTS: 1) Resolution 2) Agreement Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Agreement with Del Mar College for the training of emergency medical services students BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an Interlocal Agreement, in compliance with Chapter 791 of the Government Code, with Del Mar College for the training of emergency medical service students. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND DEL MAR COLLEGE FOR THE TRAINING OF EMERGENCY MEDICAL SERVICES STUDENTS THE STATE OF TEXAS § COUNTY OF NUECES § This agreement is between Del Mar College (College), an institution of higher education of the State of Texas, and City of Corpus Christi (City), a municipal corporation and home -rule city of the State of Texas. WHEREAS, Del Mar College, through its Emergency Medical Services (EMS) program, provides state -approved courses to the public in Emergency Medical Technology as an Emergency Medical Technician (EMT), Advanced Emergency Medical Technician (AEMT), and Paramedic levels (collectively called EMS students); and WHEREAS, City of Corpus Christi Fire Department, herein referred to as (CCFD) is a major EMS provider within the service district of the college that is capable of providing the required ambulance experience. WHEREAS, the College and City are authorized to enter into this agreement under the Interlocal Cooperation Act; and IT IS THEREFORE AGREED AS FOLLOWS: 1. CCFD will accept EMS students for experience, training, and instruction in emergency medical practice and treatment aboard Mobile Intensive Care Unit and/or Advanced Life Support Vehicles responding to actual emergency calls. The number of EMS students aboard any given vehicle shall be determined by the CCFD EMS battalion chief or his/her delegated representative at his/her discretion. 2. CCFD will provide a Certified Paramedic on each vehicle, who will directly supervise any emergency care rendered, and any procedures performed by the EMS students. EMS students will be permitted hands-on training during their rotations at the sole discretion of the Medic -in -Command of the vehicle. CCFD will instruct EMS students that they are under the strict and direct supervision of the Certified Paramedic and must strictly obey that agents instructions at all times. 3. The College will provide a clinical Coordinator to set up scheduling for EMS students and to assure adherence to CCFD policy. The Coordinator will provide supervision, rotation scheduling, and record keeping for all EMS students involved in internship rotations. The College will provide advanced notice of the dates on which the EMS students require rotation, including a roster of personnel and a suggested schedule with the times and dates of rotations. The CCFD EMS battalion chief, or his/her designate, may request from the Coordinator a user name and password to access field internship schedules and access into the FISDAP account scheduler to obtain the students names, times, and assignments for the clinical rotations. 5. The College shall provide and maintain Student Blanket Liability Insurance with liability limits of $1,000,000.00 per occurrence and $3,000,000.00 in aggregate, and will keep such coverage during the life of this agreement. Proof of Insurance shall be submitted to the City upon request. City shall receive thirty (30) days written notification of any proposed changes/cancellations of said insurance. The College warrants that all EMS students scheduled will have successfully completed all required didactic and skills course work required by the Texas Department of State Health Services and shall have met all skill competencies and assessments required to begin EMS Internship at the prospective levels of training. 6. As consideration for allowing EMS students to receive hands-on training by CCFD, and prior to his/her first rotation, each EMS student will sign a release/waiver agreeing to indemnify and forever hold harmless City, its officers, agents, and employees, for any and all lawsuits, claims, damages, liabilities, losses, and expenses (including court costs, attorneys fees, and expert witness fees) from, for, or on account of any injury to any person or death at any time resulting from such injury, damages to any property which may arise or which may be alleged to have arisen out of or in connection with any activity by an EMS student pursuant to this agreement. It is agreed by and the intention of the EMS students to indemnify City regardless of whether the claims, demands, or suits rise from the sole or joint negligence of the party indemnified herein. City and the College agree that all EMS students shall execute the release/waiver, and that no EMS student may participate until and unless such release/waiver is execute and delivered to the officials of the College. 7. As to all activities connected with this agreement, neither the College nor City shall be responsible to the other for personal injuries caused by the acts or omissions, if any, of either party or their contractors. Stated otherwise, neither party agrees to indemnify or hold harmless the other party as to personal injuries arising out of this agreement. The liability, if any, of either party shall be that prescribed by the laws of the State of Texas. 8. This agreement shall be effective on March 1, 2015, or on such date as it becomes active by signature of all officials of the parties to the agreement, and shall continue in effect until terminated. Either party may terminate this Agreement at any time upon thirty (30) days written notice to the other party. This Agreement is entered into under the authority of the Interlocal Cooperation Act, Chapter 791 Government Code. The EMS students of the College training program under the Agreement are not employees of CCFD and no employer/employee or master/servant relationship is established by this agreement. CITY OF CORPUS CHRISTI DEL MAR COLLEGE Ronald L. Olson City Manager ATTEST: (Date) Rebecca Huerta City Secretary APPROVED AS TO FORM: (Date) Buck Brice Assistant City Attorney For City Attorney (Date) Mark Escamilla, Ph.D. (Date) President, Del Mar College AGENDA MEMORANDUM Future item for the City Council Meeting of April 28, 2015 Action item for the City Council Meeting of May 12, 2015 DATE: March 30, 2015 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 Valerie H. Gray, P. E., Interim Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Jerry Shoemaker, P. E., Senior Program Manager jerrys2@cctexas.com (361) 826-3516 Construction Material Testing Citywide Street Preventative Maintenance Program Year 2 Motion authorizing the City Manager, or designee, to execute Amendment No. 3 with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $75,306.00 for a restated fee of $181,250.00 for the Citywide Street Preventative Maintenance Program (SPMP) Year 2 project. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 3 with Rock Engineering & Testing Laboratory, Inc. for Street Preventative Maintenance Program Year 2. BACKGROUND AND FINDINGS: This contract amendment includes an estimated construction materials testing budget for this project of $75,306.00. The estimated budget was determined by Coym, Rehmet & Gutierrez, L.P. (A/E) under year -2 fo the ongoing Citywide Street Preventative Maintenance Program, excluding core testing (amendment no. 2). This amendment includes overlay and sealcoat materials testing for delivery orders 1-5 for base, HMAC, curb & gutter, ADA ramps, sidewalk, driveways, manhole miscellaneous, transportation fees, and administration fees. K:\ENGINEERING\LEGISTAR\8 - APRIL 28, 2015\SPMP\AGENDA MEMO CITYWIDE STREET PREV MAINT PROGRAM YEAR 2.DOCX ALTERNATIVES: 1. Authorize execution of Amendment No. 3. 2. Do not authorize execution of Amendment No. 3. (Not Recommended) OTHER CONSIDERATIONS: Construction on year 2 of the SPMP will follow in January 2015, with final construction contract amounts funded through the Street User Fee. Bay Ltd currently holds the construction contract for sealcoats and Haas Anderson currently holds the construction contract for overlays. These construction contracts were approved by City Council on December 17, 2013, with options to renew these construction contract administratively annually for three year extensions. Both contractors have expressed interest in renewing their respective construction contractor for this upcoming option year to complete year 2 of the SPMP. Notice to proceed with construction of year 2 of the SPMP will be issued in February 2015, pending successful completion of year one work and subject to the availability of funding. CONFORMITY TO CITY POLICY: This contract amendment complies to City policy regarding Professional Service Contracts and financial polices as part of the FY2015 Operating Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT. Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0.00 $15,406,044.44 $0.00 $15,406,044.44 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $75,306.00 $0.00 $75,306.00 Future Anticipated Expenditures This Project $0.00 $15,162,264.00 $0.00 $15,162,264.00 BALANCE $0.00 $168,474.44 $0.00 $168,474.44 Fund(s): RECOMMENDATION: City staff recommends that the Amendment No. 3 be awarded to Rock Engineering and Laboratory Testing, Inc. of Corpus Christi, Texas in the amount of $75,306.00 for the Citywide Street Preventative Maintenance Program Year 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\8 - APRIL 28, 2015\SPMP\AGENDA MEMO CITYWIDE STREET PREV MAINT PROGRAM YEAR 2.DOCX PROJECT BUDGET ESTIMATE Citywide Street Preventative Maintenance Program Year 2 E14021 PROJECT FUNDS AVAILABLE: *Annual Street User Fee $ 10,948,716.00 RTA 2,498,916.00 FY 2014-2015 Street Operating Fund 1,958,412.44 TOTAL 15,406,044.44 FUNDS REQUIRED: ** Year 2 Construction (includes Contingency) 13,895,000.00 Design Fees: *** Engineer Year 2 Work Plan (CRG) 49,790.00 Engineer - Construction Delivery Orders/Construction Administration (CRG) AMD No. 1 749,530.00 Construction Material Testing (Rock) 105,944.00 Construction Material Testing (Rock) Amendment No. 3 75,306.00 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) 95,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 245,000.00 Misc. (Printing etc.) 22,000.00 TOTAL 15,237,570.00 ESTIMATED PROJECT BUDGET BALANCE $ 168,474.44 * Anticipated revenue to be collected from January 2015 - January 2016. ** Year 2 construction includes overlay and sealcoat work. *** Original contract was administratively approved on May 16, 2014. Note: City -Wide Project PROJECT # E14021 LOCATION MAP NOT TO SCALE Citywide Street Preventative Maintenance Program Year 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1OF1 AMENDMENT NO. 3 - AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING AND TESTING LABORATORY. INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Business Development Manager which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Citywide Street Preventative Maintenance Program Year 2 (Project No. E14021) ("PROJECT'). 2. SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as "Exhibit C". 3. FEE: The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $75,306.00 (Seventy Five Thousand Three Hundred Six Dollars and Zero Cents), for a restated total not to exceed fee of $181,250.00 (One Hundred Eighty One Thousand Two Hundred Fifty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "D." 4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 6. 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 and may not be used again by the "LAB" without the express written consent of the Director of Capital Programs. However, the "LAB" may use standard details that are not specific to this project. CITY OF CORPUS CHRISTI ROCK ENGINEERING AND TESTING LA = - ' TORY, INC. e�e 11— ()-15 J.H. Edmonds, P.E. (Date) Curtis . Rock Director of Capital Programs Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office RECOMMENDED (361) 883-4711 Fax Operating Department (Date) (Date) IC: Engineering DataExchange ANGIEMISTREETIE14021 CITYWIDE STREET PREVENTATIVE MAINT PROGRAM YEAR ZlConstruction Materials ROCK'AMD 3 CONSTRUCTION MATERIALS TESTING.doe APPROVED Office of Management (Date) and Budget APPROVED AS TO LEGAL FORM Legal Department (Date) ATTEST City Secretary Project No. E14021 Accounting Unit: 1041-12430-051 Account: 530215 Activity: E14021011041 EXP Account Category: 30215 Fund Name: Streets Fund Encumbrance No. K:IEngineeting DataExchangelANGIEMISTREET\E14021 CITYWIDE STREET PREVENTATIVE MAINT PROGRAM YEAR 21Construction Materials ROCKVAMD 3 CONSTRUCTION MATERIALS TESTING.doc January 26, 2015 City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78401 Attention: Mr. Albert Pardo, P.E. — Construction Engineer • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ENGINEERING & TESTING • SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED 2015 SPMP Year 2 Overlays City Project No.: E14021 Corpus Christi, Texas RETL. Proposal Number: P120314A— Rev. 3 Dear Mr. Pardo, Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to be selected to perform the required Construction Materials Testing for the above referenced project. The Estimated Construction Materials Testing Budget for this project is $75,306.00. We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget was determined by Coym, Rehmet & Gutierrez Engineering, L.P. An estimated breakdown of the field work is included as an attachment. RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 15 if you have any questions regarding the proposal or would like to discuss further. Sincerely, ygiCuo,CIA.Od k.;"44, Sandra Kirk Construction Materials Testing Project Estimator ROCK ENGINEERING & TESTING LABORATORY, INC. 6817 LEOPARD STREET • CORPUS CHRISTI. TEXAS. 78409 OFFICE (361) 8834555 • FAX: (361) 883-4711 • wwwrockdesting.com AMD. NO. 3 EXHIBIT "A" Page 1 of 3 Date: Project Name: City Project No.: Contact: Contact Information: January 26, 2015 2015 SPMP Year 2 Overlays - Delivery Order No. 1-5 E14021 Mr. Albert Pardo, P.E. - Construction Engineer City of Corpus Christi OVERLAY & SEAL COAT REPAIRS (Random Street Repairs at Delivery 0 Base Description: Linear Footage: Proctor Type: In -Place Densities: Additional Test Additional Test HMAC Description: Full Series Freq.: Cored in Place Freq.: Curb and Gutter Description: Linear Footage: In -Place Densities: Concrete Set Size: Test Schedule: Test Frequency: ADA Ramps Description: Number of Ramps: Set Size: Test Schedule: Test Frequency: Sidewalk Description: Square Footage: Set Size: Test Schedule: Test Frequency: Driveways Description: Number of Driveways: Set Size: Test Schedule: Test Frequency: Manholes Description: Number of Manholes: Set Size: Test Schedule: Test Frequency: Test Quantity Unit Fee rders 1 thru 5 - Assume 15% Repairs) Nominal Subbase Repairs (20) Sample Charge $57.00 $1,140.00 292,486 Modified 20 $253.00 $5,060.00 1 every 200 LF of Street 219 $44.00 59,636.00 Atterberg Limits and Gradation 20 5188.00 $3,760.00 Wet Bal! Mill 20 5321.00 $6,420.00 HMAC Street Overlay Approx. 4 per Delivery Order Approx 4 per Delivery Order Concrete Curb & Gutter Repairs Random Repairs Approx. 4 per Delivery Order Concrete Cylinders (set of 4) 1@7days &3@28days Approx. 4 per Delivery Order Concrete ADA Ramps Random Repairs Concrete Cylinders (set of 4) 1 @7days &3@28days Approx. 4 per Delivery Order Concrete Sidewatds Random Repairs Concrete Cylinders (set of 4) 1 © 7 days & 3 © 28 days Approx. 4 per Delivery Order Concrete Driveways Random Repairs Concrete Cylinders (set of 4) 1 @ 7 days & 3 @ 28 days Approx 4 per Delivery Order Manhole Reconciliation Random Repairs Concrete Cylinders (set of 4) 1 @7days &3@28days Approx 4 per Delivery Order 1 of 2 (20) Sample Charge 20 20 $57.00 $1,140.00 $616.00 512,320.00 599.00 51,980.00 20 $44.00 $880.00 20 $176.00 53,520.00 20 5176.00 $3,520.00 20 5176.00 $3,520.00 20 5176.00 53,520.00 20 5176.00 $3,520.00 AMD. NO. 3 EXHIBIT "A" Page 2 of 3 Date: Project Name: qty Project No.: Contact: Contact Information: January 26, 2015 2015 SPMP Year 2 Overlays - Delivery Order No. 1-5 E14021 Mr. Albert Pardo, P.E. - Construction Engineer City of Corpus Christi Vaule Box Description: Number of Vaule Boxes: Set Size: Test Schedule: Test Frequency: CYLINDER PICK-UP FEES TRANSPORTATION FEES Location: Vaule Box Repairs Random Repairs Concrete Cylinders (set of 4) 1 ©7 days & 3 © 28 days Approx. 4 per Delivery Order Number of Trips: Corpus Christi, Texas ADMINISTRATION FEES (1 Time Fee per Project) Test Quantity 20 80 185 1 Maas Ef $176.00 $3,520.00 $43.00 $3,440.00 $45.00 $8,325.00 $85.00 $85.00 875,308.00 ESTIMATED TOTAL 'This is only an estimate. Please make note that the actual fees Invoiced for thls project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobelte, elapsed time from technician arrival to commencement of testing activities, and any time the technician Is required to be on-site but not performing testing activities. 2 of 2 AMD. NO. 3 EXHIBIT "A" Page 3 of 3 EXHIBIT B INSURANCE REQUIREMENTS & INDEMINIFICATION I. CONSULTANT'S LIABILITY INSURANCE A. Consultant must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager and Director of Capital Programs. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Consultant must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. AMD. NO. 3 EXHIBIT "B" Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. B. 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. C. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Consultant or as requested by the City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. 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: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not Tess than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, 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. F. 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. AMD. NO.3 EXHIBIT "B" Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this contract. H. 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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. AMD. NO. 3 EXHIBIT "B" Page3of3 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the "CITY ENGINEER." 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for "LAB" to perform contracted services; AMD. NO. 3 EXHIBIT "C" Pagel of 3 AMD. NO. 3 EXHIBIT "C" Page 2 of 3 (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on-site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY". "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site. ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CIN' and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "IAB" deems necessary to meet the obligations of this AGREEMENT. AMD. NO. 3 EXHIBIT "C" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 O n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY LI I Y PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Rock Engineering and Testing Laboratory, Inc, P. O. BOX: N/A STREET ADDRESS: 6817 Leopard Street CITY: Corpus Christi ZIP: 78409 FIRM IS: 1. Corporation ri 4. Association 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an '`ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 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 ? r\rrIncst CorninIS;4t'1 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 FILING REQUIREMENTS If a person who requests official action an a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Curtis A. Rock (Type or Print) Signature of Certifying Person: DEFINITIONS Title: Business Development Manager Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic 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." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. al* Corpus Chr sti Capital Programs Citywide Street Preventative Maintenance Program Year 2 Council Presentation April 28, 2015 Project Scope Corp‘40 sti Capital Programs Overlays & sealcoats • ADA ramp upgrades • Materials testing Minor upgrades for sidewalk & curb & gutter Striping Project Schedule .411 Corpus Chr sti Capital Programs 2015 2016 IMad AprlMaylJunl Jul lAuglSepl OctlNovlDeclJanlFebl Construction Project Estimate: 365 Calendar Days 12 Months Project Budget Corpus Chr sti Capital Programs PROJECT FUNDS AVAILABLE: "Annual Street User Fee $ 10,948,716 RTA 2,498,916 FY2014-2015 Street Operating Fund 1,958,412 TOTAL 15,406,044 FUNDS REQUIRED: **Year 2 Construction (includes Contingency) 13,895,000 Design Fees: """ Engineer Year 2 Work Plan (CRG) 49,790 Engineer - Construction Delivery Orders/Construction Administration (CRG) AMD No. 1 749,530 Construction Material Testing (Rock) 105,944 Construction Material Testing (Rock) Amendment No. 3 76,306 Reimbursements 362,000 TOTAL 15,237,570 ESTIMATED PROJECT BUDGET BALANCE $ 168,474 " Anticipated revenue to be collected from January 2015 - January 2016. "" Year 2 construction includes overlay and sealcoat work. """ Original contract was administratively approved on May 16, 2014. AGENDA MEMORANDUM Future Item for the City Council Meeting of April 28, 2015 Action Item for the City Council Meeting of May 12, 2015 DATE: TO: Ronald L. Olson, City Manager April 21, 2015 THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities q ustavogo@cctexas. com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieq@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 Resolution approving submission of grant applications for Schanen Ditch Hike & Bike Trail Phase II Project and Dr. Hector P. Garcia Hike & Bike Trail Phase I Project CAPTION: Resolution approving submission of grant applications with Corpus Christi Metropolitan Planning for the Schanen Ditch Hike & Bike Trail — Phase II Project and Dr. Hector P. Garcia Hike & Bike Trail — Phase I Project. PURPOSE: This resolution provides approval of grant applications in connection with the Federal Transportation Alternatives Program. The Program's purpose is to fund projects related to transportation alternatives. BACKGROUND AND FINDINGS: The Corpus Christi Metropolitan Planning Organization (CCMPO) is seeking projects for the "Moving ahead for Progress in the 21st Century Act" (MAP21). The MAP21 is federally funded for transportation alternative projects to improvements for pedestrian bicycle and other non - motorized forms of transportation. For FY2015, CCMPO is funding $1.16 million for construction only. For FY2016, CCPMO is funding $440,000 for construction only. ALTERNATIVES: 1. Approve submission of grant applications. (recommended) 2. Do not approve submission of grant applications. (not recommended) OTHER CONSIDERATIONS: Federal funds will cover 80 % for each project. The 20 % match for Schanen Hike & Bike Trail - Phase II is $230,000. The 20% of Dr. Hector P. Garcia Hike & Bike Trail — Phase I is $66,000. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: Funding commitments are not required at this time. RECOMMENDATION: Approval of the resolution as proposed, which would allow staff to apply and receive grants from the Corpus Christi Metropolitan Planning Organization (CCMPO) for Schanen Ditch Hike & Bike Trail — Phase II Project and Doctor Hector P. Garcia Hike & Bike Trail — Phase I Project. LIST OF SUPPORTING DOCUMENTS: Resolution Location Maps Presentation Resolution approving submission of grant applications with the Corpus Christi Metropolitan Planning Organization for Schanen Ditch Hike & Bike Trail - Phase II Project and Dr. Hector P. Garcia Hike & Bike Trail Phase I. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council supports and approves submission of grant applications to the Corpus Christi Metropolitan Organization for Schanen Ditch Hike & Bike Trail - Phase II Project and Dr. Hector P. Garcia Hike & Bike Trail Phase I Project for funding under Transportation Alternatives Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn DR. HECTOR P. GARCIA HIKE & BIKE TRAIL CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 SCHANEN DITCH HIKE & BIKE TRAIL PHASE II CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Corpus Christi Capital Programs Resolution Authorizing Grant Applications under Transportation Alternatives Program Council Presentation April 28, 2015 Transportation Alternatives Program Corpus Chrsti Capital Programs The Transportation Alternatives Program (TAP) was authorized under MAP -21 and provides funding for programs and projects defined as transportation alternatives. TAP grant offers opportunities to expand transportation choices focused on non-traditional transportation projects. Available Grant funding is $1.6M (FY 2015) and $440K (FY 2016). Projects must have pedestrian, bicycles and other non - motorized transportation to comply. Competitive Program based on transportation alternatives. Schanen Ditch Hike &t Bike Trail -Phase II ‘1 Corpus Chr sti Capital Programs ➢ Phase 2 - Saratoga to Holly provided for approximately 1 -mile Hike & Bike Trail along the Schanen Ditch • Estimated Cost $1,150,000 • City Match $ 230,000 ••• Previous phase from • Cedar to Saratoga in Bond '12 are under construction Dr. Hector P. Garcia Park -Phase 1 ‘1 Corpus Chr sti Capital Programs ➢ Phase 1- Provides for the Hike & Bike Trail from Horne Road to Gollihar Road through the Park along Airport Ditch (and verify accessibility along Horne Road) • Estimated Cost $330,000 • City Match $ 66,000 ❖ Future Phases TBD Transportation Alternatives Program Corpus Chrsti Capital Programs QUESTIONS Schanen Ditch Hike &t Bike Trail -Phase I ‘1 Corpus Chr sti Capital Programs PROJECTLOCATIO LOCATION MAP PROJECT XE1Y9f6NOT TO SGICE Hike and Bike Trait Development (Schanen Trail) CITY COUNCIL EXHIBIT rA PAGE: f M f bras C • 6 AGENDA MEMORANDUM City Council Meeting of April 28, 2015 DATE: April 16, 2015 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, P.E., Executive Director of Utilities MarkVV@cctexas.com (361) 826-1874 Water Rate — Calculations STAFF PRESENTER(S): Name 1. Gustavo Gonzalez 2. Mark Van Vleck 3. OUTSIDE PRESENTER(S): Title/Position Department ACM Public Works & Utilities Executive Director Utilities Name Title/Position Organization 1. 2. 3. BACKGROUND: During the budget process last Fiscal Year, there was concern about the raising of the Utility Rates. The Members of the City Council asked that we review the methodology for setting the rates. This is the fifth in a series of presentations that will be delivered to facilitate that review. This presentation addresses the calculations for the unit costs and the rate classes. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Water Rate — Calculations Water Rate —Calculations Council Presentation April 28, 2015 Current Rate Projection Average Monthly Bill $70.00 $60.00 $50.00 $40.00 $30.00 $20.00 $10.00 $- Average Water Bill ($6,000 gal/month) -Actual Projected 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 2028 2030 2032 2034 Fiscal Year 2 Discover, Discuss, Decide Rate Review Schedule Date March 10, 2015 March 24, 2015 March 31, 2015 April 21, 2015 Projected Rate Water System Components Utility Bill Breakdown Costs—Operation and Maintenance (O&M) Costs - Current and Future Debt Consumption Trends Customer Trends Inclined Block Rate Adjustments Rate Calculations April 28, 2015 Rate Calculations May 12, 2015 Additional Week of Discovery May 19, 2015 Alternatives Evaluated May 26, 2015 Additional Alternatives Evaluated 1 June 9, 2015 Additional Alternatives Evaluated 2 June 16, 2015 First Reading Proposed Rate June 23, 2015 Adoption of New Rate Calculation for Unit Cost Cost 1.11 NE ILI Adjustments Volume Unit Cost •191.1 MBAS 5 Raw Water Rate Payer Inputs • Costs — Operation & Maintenance = $24,376,860 — Debt Service = $16,513,289 • Adjustments — Rentals = $275,000 — Minimums = $13,803 — True -up = $1,349,858 — Choke Canyon Reserve Fund = $1,274,163 — Debt Coverage = $0.00 • Volume — 37.2 Billion Gallons • Water Supply Development Fee — $0.05/1000 Gallons Unit Cost for Rate Payer [Coat —Adjustments) Volume Cost $39,251,486 Adjustments $1,274,163 Volume 37,192,000 Unit Cost $1.02 + .05 = 1.07 Raw Water Diversion Inputs • Costs — Operation & Maintenance = $852,500 — Debt Service = $1,110,321 • Adjustments — Minimums = $0 — True -up = $90,250 — Debt Coverage = ($256,798) — System Losses = ($123,384) • Volume — 20.3 Billion Gallons Unit Cost for Diversion [Coat —Adjustments) Volume Cost Adjustments — $1,962,821 -$289,932 Volume 20,285,300 Unit Cost $0.111 Treatment Inputs • Costs — Operation & Maintenance = $15,422,714 — Debt Service = $5,515,046 • Adjustments — Minimums = $19,402 — True -up = $1,634,052 — Debt Coverage = ($1,961,978) — System Losses = ($919,312) • Volume — 19.5 Billion Gallons Unit Cost for Treatment [Coat —Adjustments) Volume Cost $20,937,760 Adjustments -$1,227,836 Unit Cost Volume 19,473,300 $1.138 Transmission Inputs • Costs — Operation & Maintenance = $7,312,796 — Debt Service = $8,460,173 • Adjustments — Minimums = $4,782,231 — Debt Coverage = ($994,748) — System Losses = ($373,102) • Volume — 18.6 Billion Gallons Unit Cost for Network [Coat —Adjustments) Volume Cost $15,772,969 Adjustments $3,414,381 Unit Cost Volume 18,595,200 $0.665 Distribution Inputs • Costs — Operation & Maintenance = $16,857,598 — Debt Service = $8,532,007 • Adjustments — Minimums = $12,142,314 — Non -Rate Revenue= $5,674,800 — Unbilled City Water = ($888,716) — Debt Coverage = ($215,863) — System Losses = ($3,347,854) • Volume — 9.3 Billion Gallons Unit Cost for Distribution [Coat —Adjustments) Volume Cost Adjustments $24,504,441 $13,364,681 Volume 9,338,100 Unit Cost $1.193 Storm Water Inputs • Costs — Operation & Maintenance = $12,204,091 — Debt Service = $16,539,144 • Adjustments — Minimums = $0 — From Storm Water Fund Reserve = $8,600,000 — Debt Coverage = ($1,926,764) • Volume — 8.6 Billion Gallons Unit Cost for Storm Water (Cost — Adjustments) Volume Cost Adjustments — $28,743,235 $6,673,2361 ( Unit Cost Volume 8,601,000 $2.566 Unit Cost [Cost — Adjustments) Volume $3.00 $2.50 - $2.00 - $1.50 - $1.00 - $0.50 - 2014 2015 Raw Water Treatment Plant Transmission Lines Distribution Lines Storm Water Water System Components Raw Water Sources Raw Water Customers Water Treatment Plant Three Rivers Beeville Mathis Alice Koch/Flint Mills Rohst wn Celanese San Patrncio dim Legend .4 Pump Station Elevated Storage Tank Residents Transmission Main Distribution Main Treated Water Customers San Patricio ter Supply Corporation Water Author i' Aransas 41, Texas asM University - corpus Christi • All 19 Utility Rate Breakdown Inside City Limits Residential and Commercial Outside City Limits Residential and Commercial Industrial customers Port Aransas & Violet Water Supply Corporation San Patricio Municipal Water District South Texas Water Authority Raw Water Customers Raw Water Treatment Transmission Distribution Storm Water • • • • • • • • • • • • • • • • • • ICL Residential Unit Cost (Cost — Adjustments) Volume Diversion and Treatment Plant Transmission Lines $1.25 $0.66 Distribution Lines $1.19 ICL Residential Unit Cost $5.67 Storm Water $2.57 ICL Commercial Unit Cost (Cost — Adjustments) III Volume Diversion and Treatment Plant Transmission Lines $1.25 $0.66 Distribution Lines $1.19 ICL Commercial Unit Cost $5.67 Storm Water $2.57 ICL Large Volume Unit Cost (Cost — Adjustments) kVolume Diversion and Treatment Plant Transmission Lines $1.25 $0.66 Storm Water $2.57 ICL Large Volume Unit Cost $4.48 OCL Large Volume Unit Cost (Cost — Adjustments) Volume Diversion and Treatment Plant $1.25 Transmission Lines $0.66 OCL Large Volume Unit Cost $1.91 ICL Residential Trend $18 $16 $14 $12 $10 $8 $6 $4 $2 - $0 0 to 2 2 to 6 6 to 10 10to15 15to30 Volume Billed (1,000 Gallons) 30 to 50 40 35 30 25 20 - 15 50 to 100 100 to 1000 10 5 Thousands Number of Customers Calculate Block Rates Volume Used (Gallons) Block Rate Unit Cost % of Unit Cost Minimum (2,000) 2,001 to 6,000 6,001 to 10,000 $5.67 $5.67 $5.67 80% 100% $9.33 $4.75 $5.94 10,001 to 15,000 $5.67 115% $6.83 15,001 to 30,000 30,001 to 50,000 $5.67 140% $5.67 170% $8.31 $10.09 50,001 to 100,000 $5.67 200% $10.99 Calculation of Water Rate Volume = 6,000 Gallons • 6 * $1.07 (Raw Water Unit Cost) = $6.43 • Minimum (2,000 Gallons) = $9.33 • 4 X $4.75 (4,000 Gallons) =$19.00 Total = $6.43 + $9.33 + $19.00 = $34.76 Take Aways • O&M Costs really not variable with volume • Capital Improvement Program is primary driver for Cost increases • Median Residential Usage between 4,001 and 5,000 gallons/ month • Minimums for ICL are less than cost • Storm Water is 54% of ICL Residential rate for customers between 2,001 and 6,000 gallons/month Questions?