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HomeMy WebLinkAboutAgenda Packet City Council - 08/25/2015Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, August 25, 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 Reverend John Roberts, Grace Presbyterian Church. C. Pledge of Allegiance to the Flag of the United States to be led by Bill Mahaffey, Assistant Director, Maintenance of Lines - Utilities Treatment. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-0921 Proclamation declaring August 26, 2015, "Women's Equality Day" in Honor of the League of Women Voters of Corpus Christi and the 95th Anniversary of Women's Right to Vote F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 8/24/2015 City Council Meeting Agenda - Final August 25, 2015 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. If 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 City Council may deliberate and take action in open session on any issue that may be discussed in executive session. 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. 15-0918 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters' Association and/or Corpus Christi Police Officers' Association. I. MINUTES: 3. 15-0922 Regular Meeting of August 18, 2015 Attachments: Minutes - August 18, 2015.pdf J. BOARD & COMMITTEE APPOINTMENTS: 4. 15-0923 Corpus Christi Regional Economic Development Corporation Retired & Senior Volunteer Program Advisory Committee Senior Companion Program Advisory Committee Corpus Christi Page 2 Printed on 8/24/2015 City Council Meeting Agenda - Final August 25, 2015 Attachments: Corpus Christi Regional Economic Development Corporation.pdf Retired and Senior Volunteer Program Advisory Committee.pdf Senior Companion Program Advisory Committee.pdf K. BRIEFINGS: (ITEM 5) 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. 5. 15-0940 Discussion regarding a Charter Amendment Election Discussion regarding a Charter Amendment Election that includes a charter amendment proposition authorizing the city council to submit an ordinance, resolution, or measure to the popular vote for adoption or repeal and other possible amendments. Attachments: Agenda Memo - Charter Amendment.pdf Sample Ordinance - Charter Amendment.pdf L. 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. M. CONSENT AGENDA: (ITEMS 6 - 18) 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. 6. 15-0679 Lease -Purchase of 8 CNG Trucks, 3 Diesel Trucks and 2 Trailers for Solid Waste Operations Motion approving the lease -purchase of eight compressed natural gas garbage trucks, one cab and chassis, two retriever side loaders, and two trailers from the following companies for the amounts below for a total cost of $3,413,907.30. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Government (H -GAC) and the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the city's lease purchase financing contractor. Corpus Christi Page 3 Printed on 8/24/2015 City Council Meeting Agenda - Final August 25, 2015 Rush Truck Center of Texas, L.P. Houston, Texas $2,737,724.84 Purchase Price Interest for Lease Total Cost Heil of Texas Houston, Texas $188,302.00 $3,218,001.84 $195,905.46 $3,413,907.30 Corpus Christi Freightliner Corpus Christi, Texas $291,975.00 Attachments: Agenda Memo - Lease -Purchase of Equipment for Solid Waste Operations Price Sheet - Lease -Purchase of Equipment for Solid Waste Operations 7. 15-0539 Replacement Mobile Computers for Police and Fire Vehicles Motion authorizing the City Manager, or designee, to approve a 48 -month lease agreement with CSI Leasing, Inc. of Saint Louis, Missouri, DIR-SDD-1880, for two hundred thirty-five (235) Datalux T5 Integrated Mobile Data Computer (MDT) systems from Austin Ribbon & Computer of Austin, Texas, for a total expenditure of $1,186,571.89. Funds are available in the Municipal Information Systems Department FY2014-2015 budget and will be requested in future budget years. Attachments: Agenda Memo - Datalux for PD Pricing Sheet - Datalux for PD Lease Agreement - CSI Leasing, Master Smarttrack Schedule CSI Leasing ARC Quote Schedule 5 -PD Equipment Revd 20150722 8. 15-0786 Engineering Monitoring Contract Amendment No. 2 for Nueces Bay System Salinity and Freshwater Inflow Monitoring 2015-2016 9. 15-0787 Motion authorizing the City Manager or designee to execute Amendment No. 2 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $96,428 for a total restated fee not to exceed $288,720 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2015-2016. Attachments: Agenda Memo - Salinity Monitoring Project Budget - Salinity Monitoring Location Map - Salinity Monitoring Contract - Salinity Monitoring Presentation - Salinity Monitoring Engineering Monitoring Contract Amendment No. 5 for Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2015-2016 Corpus Christi Page 4 Printed on 8/24/2015 City Council Meeting Agenda - Final August 25, 2015 Motion authorizing the City Manager or designee to execute Amendment No. 5 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $99,593 for a total restated fee not to exceed $654,674 for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2015-2016. Attachments: Agenda Memo - Water Quality Monitoring Project Budget - Water Quality Monitoring Location Map - Water Quality Monitoring Contract - Water Quality Monitoring Presentation - Water Quality Monitoring 10. 15-0903 Change Order No. 9 for the New Broadway Wastewater Treatment Plant Motion authorizing the City Manager or designee to execute Change Order No. 9 with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $668,515.36 for a total restated fee of $51,403,936.57 for the New Broadway Wastewater Treatment Plant. Attachments: Agenda Memo - New Broadway WWTP Project Budget New Broadway WWTP Location Map - New Broadway WWTP Change Order No. 9 - New Broadway WWTP Presentation - New Broadway WWTP 11. 15-0808 Resolution to approve the Corpus Christi Crime Control Budget for FY2015/2016 (Public Hearing held on 8/18/15) Resolution approving the FY 2015-2016 budget for the Corpus Christi Crime Control and Prevention District. Attachments: Agenda Memo - City council approve budget 08.18.2015 Resolution - Adoption 2015-16 Budget - Crime Control Presentation - CCD FY2016 Crime Control Proposed FY16 budget 12. 15-0822 Second Reading Ordinance - Appropriating Funds for Increased Wrecker Fees (1st Reading 8/18/15) Ordinance appropriating $110,000 in General Fund No. 1020 from increased towing fees adopted by City Council in January 2015; 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 $110,000 each. Corpus Christi Page 5 Printed on 8/24/2015 City Council Meeting Agenda - Final August 25, 2015 Attachments: Agenda Memo - appropriate wrecker revenues 08.11.2015 Ordinance - Appropriating towing fees 2015 - Police - Revised Approved Budget Ordinance 13. 15-0776 Second Reading Ordinance - Accepting and appropriating grant funds for Driving While Intoxicated (DWI) and Speed enforcement overtime (1st Reading 8/18/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $98,082 for the 2016 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI) and Speed enforcement overtime, with a city match of $43,247.57, for a total project cost of $141,329.57 and appropriating $98,082 in the No. 1061 Police Grants Fund. Attachments: Agenda memo - STEP appropriation 08.11.2015 Ordinance - (STEP) grant 2015 - Police Grant Agreement - 2016-CorpusPD-S-1YG-0039 14. 15-0835 Second Reading Ordinance - Appropriating grant funds for motor vehicle theft enforcement (1st Reading 8/18/15) Ordinance appropriating $527,853 from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) in the No. 1061 Police Grants Fund; and appropriating $6,621 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. Attachments: Agenda Memo - ATPA grant acceptance 08.18.2015 Ordinance - ABTPA Award Letter FY16 15. 15-0669 Second Reading Ordinance - Authorizing contracts and appropriating funds for the Community Youth Development Program (1st Reading 8/18/15) Ordinance ratifying execution of Community Youth Development program contracts with Texas Department of Family and Protective Services from March 1, 2015 to August 31, 2015 in the amount of $207,233.47 and September 1, 2015 to August 31, 2016 in the amount of $396,765.44; authorizing appropriation in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing extension of subcontracts with Youth Odyssey, SERCO of Texas, Communities in Schools, and Boys & Girls Club of Corpus Christi. Corpus Christi Page 6 Printed on 8/24/2015 City Council Meeting Agenda - Final August 25, 2015 Attachments: Agenda Memo - CYD Grant FY15 & FY16 DRAFT Ordinance - CYD Grant FY15 & FY16 CYD Contract Extension FY15 CYD Contract Execution FY16 CYD Sub Contracts 16. 15-0816 Second Reading Ordinance - Amending City Code regarding Technical Construction Boards (1st Reading 8/18/15) Ordinance amending the Corpus Christi Code of Ordinances, Chapter 14 "Development Services," Article II "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Administration of Technical Construction Codes," Section 14-206, "Technical construction boards," by amending the licensing requirements for members of the Electrical Advisory Board and Mechanical/Plumbing Advisory Board; providing for severance; and providing for effective date. Attachments: Agenda Memo - Technical Construction Boards Ordinance - Amending Technical Construction Boards 8-4-15 17. 15-0821 Second Reading Ordinance - Agreement for Traffic Signal Improvements for Park Road 22 and Aquarius Drive Intersection (1st Reading 8/18/15) Ordinance amending the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 by appropriating $420,000 in Developer contributions from TBD -Q Packery Pointe, LP (Developer), increasing expenditures by $420,000 in the FY 2015 Capital Improvement Budget, and authorizing the City Manager, or designee, to execute a Traffic Signal Improvement Agreement between the City of Corpus Christi and Developer for the Park Road 22 and Aquarius Drive intersection and roadway improvements. Attachments: Agenda Memo Park Road 22 and Aquarius Drive Ordinance - Park Road 22 -Aquarius Prosect Budget - PR 22 - Aquarius Agreement - Park Road 22 and Aquarius Location Map Park Road 22 and Aquarius Street Presentation Park Road 22 and Aquarius 18. 15-0899 Second Reading Ordinance - Adopting the 2015 Tax Increment Reinvestment Zone #3 Amended Project and Financing Plan (1st Reading 8/18/15) Ordinance approving the Project & Financing Plan as proposed by the Board of Directors of Reinvestment Zone Number Three, Corpus Christi, Texas. Corpus Christi Page 7 Printed on 8/24/2015 City Council Meeting Agenda - Final August 25, 2015 Attachments: Agenda Memo - TIRZ #3 Amended Prosect & Financing Plan Ordinance - TIRZ #3 Amended Prosect and Financing Plan Exhibit A - TIRZ #3 Amended Prosect & Financing Plan Example - TIRZ #3 Application Presentation - TIRZ #3 Prosect Plan Update N. PUBLIC HEARINGS: (ITEMS 19 - 22) 19. 15-0906 First Public Hearing to consider the proposed Municipal Services Plan for annexing 4.08 acres of land into the territorial limits of the City of Corpus Christi Local Government Code, Chapter 43.063(a) requires the City to conduct two public hearings prior to First Reading of an Annexation Ordinance. Attachments: Agenda Memo - Annexation Ind Annexation Schedule Ordinance with Service Plan - Annexation Presentation - Industrial District Annexation 20. 15-0854 Public Hearing and First Reading Ordinance - Rezoning property located at 5425 Old Brownsville Road Case No. 0715-04 Peterson Properties, Ltd.: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as being a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract 11, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas, located on the southeast corner of Old Brownsville Road and North Padre Island Drive (SH 358). Planning Commission and Staff Recommendation (July 29, 2015): Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Peterson Properties, Ltd. ("Owner") by changing the UDC Corpus Christi Page 8 Printed on 8/24/2015 City Council Meeting Agenda - Final August 25, 2015 Zoning Map in reference to a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas (the "Property") from the "CG -2" General Commercial District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Peterson Properties, Ltd Ordinance - Peterson Properties, Ltd. Aerial Map - Peterson Properties, Ltd. PC Zoning Report - Peterson Properties, Ltd 21. 15-0855 Public Hearing and First Reading for property at 1557 Waldron Road Case No. 0715-05 John Kendall and The Boston Group: A change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. The property to be rezoned is described as being a 10.293 -acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road approximately 260 feet east of Waldron Road. Planning Commission and Staff Recommendation (July 29, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner") by changing the UDC Zoning Map in reference a 10.293 -acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 9 Printed on 8/24/2015 City Council Meeting Agenda - Final August 25, 2015 Attachments: Agenda Memo - John Kendall and The Boston Group Ordinance - John Kendall and The Boston Group Aerial Map - John Kendall and The Boston Group Zoning Report - John Kendall and The Boston Group 22. 15-0856 Public Hearing and First Reading for property at 401 Graham Road Case No. 0715-06 John Kendall and The Boston Group: A change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District. The property is described as being 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts, located along the south side of Graham Road between Waldron Road and Humble Road. Planning Commission and Staff Recommendation (July 29, 2015): Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District and, in lieu thereof, approval of a change of zoning to the "CC" Commercial Compatible District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), by changing the UDC Zoning Map in reference to 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts, from the "RM -1" Multifamily 1 District to the "CC" Commercial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - John Kendall and The Boston Group IL Ordinance -John Kendall and The Boston Group CC Ordinance -John Kendall and The Boston Group Aerial Map - John Kendall and The Boston Group Zoning Report - John Kendall and The Boston Group O. REGULAR AGENDA: (ITEMS 23 - 24) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 23. 15-0896 Second Reading Ordinance - Authorizing the Issuance of Certificates of Obligation for Facility Improvements (Senior Centers) (1st Reading 8/18/15) Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2015" in an amount not to exceed $2,000,000 for the purpose of financing costs associated with making Corpus Christi Page 10 Printed on 8/24/2015 City Council Meeting Agenda - Final August 25, 2015 permanent public improvements within the City; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations on file with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the Certificates; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. Attachments: Agenda Memo - CO's for Facilities August 18, 2015.doc Ordinance - Facility CO's.pdf 24. 15-0885 City Council Construction Change Order Policy Resolution establishing City Council policy for construction change orders. Attachments: Agenda Memo - Change Order Resolution (8-13-15).docx Resolution - CP Change Order 08-13-15.docx P. ONE -READING ACTION ITEMS: (ITEMS 25 - 26) 25. 15-0852 Authorizing submission of the 2016 Hazardous Materials Emergency Preparedness (HMEP) grant application Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $70,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2016 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct an update to the 2010 Commodity Flow Study with a hard match of $14,000 from the Local Emergency Planning Committee (LEPC) reserve fund; and authorizing the city manager, or designee, to apply for, accept, reject alter or terminate the grant. Attachments: Agenda Memo - 2016 HMEP Grant Resolution - 2016 LEPC-HMEP Grant 26. 15-0927 Proceeding with the Flour Bluff Collection Center Resolution authorizing the City Manager or designee to proceed with the design and construction of the Flour Bluff Collection Center in the Flour Bluff/Padre Island area. Corpus Christi Page 11 Printed on 8/24/2015 City Council Meeting Agenda - Final August 25, 2015 Attachments: Agenda Memo - Citizens Collection Center Resolution - Flour Bluff Collection Center vFinal 20150820 Presentation - Flour Bluff Collection Center Q. FIRST READING ORDINANCES: (ITEMS 27 - 34) 27. 15-0833 First Reading Ordinance - Amending City Code for Animal Care for Dangerous Dogs Ordinance amending Chapter 6 of the Corpus Christi Code of Ordinance modifying the collar requirements for dangerous dogs; requiring security fence and leash for dangerous dogs; exempting Trap, Neuter, Return (TNR) animals from keeping of six (6) animals limit; establishing tethering standards; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. Attachments: Agenda Memo - Animal Care Ordinance 08.18.2015 Ordinance - Dangerous Dog -TNR -Teathering - 2015 - As recomended by ACAC 28. 15-0774 First Reading Ordinance - Lease Agreement for Merriman-Bobys House in Heritage Park Ordinance authorizing the City Manager or designee to execute a lease with Lindy Burns dba Youga Yoga Studio for the Merriman-Bobys House in Heritage Park for one year term with an option to renew annually for two years with rent of $600 per month. Attachments: Agenda Memo - Merriman-Bobys House Lease with Lindy Burns dba Youga Yoi Ordinance - Merriman Bobys House Lease with Lindy Burns dba Youga Yoga S Signed Lease - Youga Yoga - Merriman-Bobys 29. 15-0785 First Reading Ordinance - Amending the City Code for "Motion Picture Event" to add Article III, Procedures, Guidelines and Fees for Commercial Filming Ordinance repealing Chapter 53, Article VII, Section 53-208 "Motion Picture Event"; Amending the City Code of Ordinances Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities by adding Article III, Procedures, Guidelines and Fees for Commercial Filming; Establishing the Corpus Christi Film Commission; Providing for severance; Providing for penalty; Providing for an effective date; and Providing for publication. Attachments: Agenda Memo - Film Ordinance Film Ordinance Presentation - Film Ordinance potx 30. 15-0840 First Reading Ordinance - Closing an undeveloped and unsurfaced public right-of-way, located west of Airline Road and north of Corpus Christi Page 12 Printed on 8/24/2015 City Council Meeting Agenda - Final August 25, 2015 Empire State Drive Ordinance abandoning and vacating an undeveloped and unsurfaced 5,445.00 -square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts and requiring the owner, MPM Development, LP to comply with specified conditions. Attachments: Agenda Memo - Bordeaux Place Unit 4 Ordinance - Bordeaux Place Unit 4 Location Map - Bordeaux Place Unit 4 31. 15-0929 First Reading Ordinance - Adopting Utility Rates for FY 2015-2016 and FY 2016-2017 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas, and wastewater rates; providing for publication and effective date of January 1, 2016. Attachments: Agenda Memo - Ordinance Adlustinq Water, Wastewater and Gas Rates Ordinance - Ordinance Adlustinq Water, Wastewater and Gas Rates Presentation - Ordinance Adlustinq Water, Wastewater and Gas Rates 32. 15-0789 First Reading Ordinance - Lease Agreement for Installation of Air Monitoring Station at 4801 Holly Road (Requires 28 -day delay between readings) Ordinance authorizing the City Manager, or designee, to execute a five year lease agreement (with the option for one five year renewal) with the Texas A&M University System (TAMUS) for installation and operation of an air quality monitoring station on tracts of land containing 9 square feet and 1,350 square feet, located at Holly Road Pumping Station, 4801 Holly Road, Corpus Christi, Texas; providing for severance; and providing for publication. (Requires 28 day delay between 1st and 2nd readings). Attachments: Agenda Memo - Lease Agreement TAMUS Location Map - Lease Agreement TAMUS Ordinance - Lease Agreement TAMUS Lease Agreement - TAMUS 33. 15-0895 First Reading Ordinance - Ground Lease for Haas -Anderson Construction, Ltd. vehicle storage Corpus Christi Page 13 Printed on 8/24/2015 City Council Meeting Agenda - Final August 25, 2015 Ordinance authorizing the City Manager or his designee to execute a five (5) year ground lease with Haas -Anderson Construction, Ltd for 3.89 acres out of a 25.06 acre tract formerly known as the Hale Pit Landfill located next to the City's vehicle impound yard off of Greenwood Drive and approving the cash rental fee of $9,600 per year from October 1, 2015, to September 30, 2020; providing for an effective date; and providing for severance. Attachments: Agenda Memo - Haas -Anderson Contruction Lease Ordinance - Haas -Anderson Contruction Lease Location Map - Haas Anderson Construction Lease.pdf Ground Lease - Haas -Anderson Construction, Ltd..pdf 34. 15-0883 First Reading Ordinance - Revision of Municipal Marina Boundary Contradiction in City Code of Ordinances Ordinance amending City Code of Ordinances Section 2-260 regarding Marina Advisory Committee membership and Sections 2-264 and 12-40 regarding Corpus Christi Marina definitions. Attachments: Agenda Memo - Marina Boundary Revision Ordinance - Marina Boundary Revision Map - Illustration of 1958 & 2007 Marina Boundaries R. FUTURE AGENDA ITEMS: (ITEMS 35 - 39) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 35. 15-0824 Engineering Construction Contract for the City Hall Fire Detection and Alarm System Motion authorizing the City Manager or designee to execute a construction contract with TBC Commercial Construction of Portland, Texas in the amount of $344,921.45 for the City Hall Fire Detection and Alarm System for the Base Bid with Deductive Alternate No. 1. Attachments: Agenda Memo - City Hall Fire Detection.docx Prolect Budget - City Hall Fire Detection.xls Location Map - City Hall Fire Detection.pdf Presentation - City Hall Fire Detection.pptx 36. 15-0823 Engineering Construction Contract for the Museum Roof Replacement (Bond 2012) Motion authorizing the City Manager or designee to execute a Corpus Christi Page 14 Printed on 8/24/2015 City Council Meeting Agenda - Final August 25, 2015 construction contract with Haeber Roofing Company in the amount of $1,331,271 for the Museum Roof Replacement (Bond 2012) for the total Base Bid plus Additive Alternate Nos.1 and 2. Attachments: Agenda Memo - Museum Roof Replacement.docx Project Budget - Museum Roof Replacement.xlsx Location Map - Museum Roof Replacement.pdf Presentation - Museum Roof Replacement.pptx 37. 15-0836 Engineering Construction Contract for JFK Causeway Area Improvements (Bond 2012) Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Robstown, Texas in the amount of $1,271,906.13 for the JFK Causeway Area Improvements for the total Base Bid plus alternate 1. (Bond 2012) Attachments: Agenda Memo - JFK Causeway Protect Budget - JFK Causeway Area Improvements - with formulas Presentation - JFK Causeway Area Improvements Location Map - JFK Causeway Area Improvements 38. 15-0673 Agreement for temporary tax abatement for the development located in the 6000 Block of Bear Lane Resolution authorizing the execution of an agreement with Cameron International Corporation providing for temporary property tax abatement. Attachments: Agenda Memo - Cameron Resolution - Cameron Exhibit A - Cameron Agreement 39. 15-0901 Approve the FY2015-2016 HOME Program set-aside funds. Motion to approve the allocation of FY2015-2016 HOME Program set-aside funds to 911 Glenoak Apartments in the amount of $300,000. Attachments: Agenda Memo - HOME FY2015-2016 HOME Attachment D 2015-2016 S. FUTURE CORPORATION MEETING: (ITEM 40) 40. 15-0902 Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation Annual Board of Directors Meeting of the Corpus Christi Community Corpus Christi Page 15 Printed on 8/24/2015 City Council Meeting Agenda - Final August 25, 2015 Improvement Corporation (CCCIC). Attachments: Agenda Memo for CCCIC Board Meeting 08-2015 CCCIC Board Meeting Agenda CCCIC Minutes CCCIC Treasurer's Report 06-30-2015 CCCIC ByLaws T. 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. U. ADJOURNMENT Corpus Christi Page 16 Printed on 8/24/2015 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, August 18, 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 Pastor Linda Morrow, St. Peter's by the Sea United Methodist Church. Pastor Linda Morrow gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Brian Butscher, Assistant Director of Treatment - Utilities. Assistant Director of Treatment - Utilities Brian Butscher 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 City 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 August 22, 2015, "BUILD Corpus Christi Day" Proclamation declaring September 12, 2015, "Operation K. E. Y. S. - Keeping Every Youth in School Day" Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members Mayor Martinez presented the proclamations and conducted the swearing-in Corpus Christi Page 1 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 ceremony for newly appointed board, commission and committee members. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER J. MINUTES: 9. Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Olson reported on the following topics: 1) Last Wednesday, August 12th, the second "Let's Talk Corpus Christi" was held at the Broadmoor Senior Center and approximately 50 citizens were in attendance. There were several topics discussed. Based on the topic, the audience was broken up into different groups to have their topics addressed by the Assistant City Manager that was over their area of concern. City Manager Olson also provided a quick overview of the City's Operating Budget. The Executive Team will hold one (1) more "Let's Talk Corpus Christi" at the end of the year and then evaluate the event. 2) City Manager Olson recognized the patrons of the Ethel Eyerly Senior Center, who recently held a fundraising activity to assist 21 to 23 students with clothing and supplies to prepare for the upcoming school year. Regular Meeting of August 11, 2015 Mayor Martinez deviated from the agenda and referred to approval of the minutes. Council Member McIntyre made a motion to approve the minutes, seconded by Council Member Garza and passed unanimously. K. BOARD & COMMITTEE APPOINTMENTS: (NONE) L. EXPLANATION OF COUNCIL ACTION: M. CONSENT AGENDA: (ITEMS 10 - 18) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. City Secretary Huerta announced that Council Member Garza would be abstaining on Item 15. There were no comments from the Council or the public. A motion was made by Council Member Riojas, seconded by Council Member McIntyre, to approve the Consent Agenda. 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 Corpus Christi Page 2 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 Abstained: 0 10. Purchase of Generator Motion approving the purchase of one generator from Holt Cat, Irving, Texas for a total expenditure of $61,393.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted by the Utilities Department in FY 2014- 2015. This Motion was passed on the Consent Agenda. Enactment No: M2015-084 11. Purchase and Installation of HVAC Equipment Motion approving the purchase and installation of one Burnham Commercial Fire Tube Boiler from Weathertrol, Inc., Corpus Christi, Texas for a total expenditure of $64,700.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted by the Facilities Department in FY 2014- 2015. This Motion was passed on the Consent Agenda. Enactment No: M2015-085 12. Authorizing the City Manager or designee to enter into an outside city limit water contracts for property at 754 Mckinzie Road Resolution authorizing the City Manager or his designee to enter into outside city limits water contracts with Herman Dale Wulf & Donald E. Schiffke, Jr. to provide public water to their property located outside the city limits described as 1 acre out of 21 acres out of a 100 acre tract out of B.S. & F. Survey 403, Abstract 568, also commonly known by its street address as 754 Mckinzie Road under Section 55-111, Code of Ordinances. This Resolution was passed on the Consent Agenda. Enactment No: 030577 13. Interlocal Agreement with the Corpus Christi Metropolitan Planning Organization for technical meeting broadcast services Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Metropolitan Planning Organization for technical meeting broadcast services. This Resolution was passed on the Consent Agenda. Corpus Christi Page 3 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 Enactment No: 030578 14. Second Reading Ordinance - Rezoning property located at 3522 Airline Road (1st Reading 8/11/15) Case No. 0715-01 Guadalupe Leon and Maria Del Carmen Leon: A change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. The property to be rezoned is described as being a 1.523 acre tract of land being out of Lots 22 and 23, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located along the east side of Airline Road between Brooke Road and Wall Street. Planning Commission and Staff Recommendation (July 15, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Guadalupe Leon and Maria Del Carmen Leon ("Owners") by changing the UDC Zoning Map in reference to a 1.523 acre tract of land being out of Lots 22 and 23, Section 20, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), from the "FR" Farm Rural District to the "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030579 15. Second Reading Ordinance - Rezoning property located at 3313 Barthlome Street. (Requires 3/4 vote) (1st Reading 8/11/15) Case No. 0615-04 Jesus Mora: A change of zoning from the "Cl" Intensive Commercial District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from Commercial to Light Industrial. The property to be rezoned is described as Lot 4-B, Barthlome Acre Tracts, located along the south side of Barthlome Street between Nueces Bay Boulevard and Lily Street. Planning Commission and Staff Recommendation (July 15, 2015): Denial of the change of zoning from the "Cl" Intensive Commercial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit with 9 conditions. Corpus Christi Page 4 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Jesus Mora ("Owner"), by changing the UDC Zoning Map in reference to Lot 4-B, Barthlome Acre Tracts, from the "Cl" Intensive Commercial District to the "CI/SP" Commercial Intensive District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Council Member Garza abstained on Item 15. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030580 16. Second Reading Ordinance - Rezoning property located at 3902 Acushnet Drive (1st Reading 8/11/15) Case No. 0715-02 Andrea Trevino and Jesus Trevino, dba Southside Paint & Body, LLC and Liliot, LLC: A change of zoning from the "CG -2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from commercial to light industrial uses. The property to be rezoned is described as Lots 8, 11 and 12, Block 7, Saratoga Weber Plaza, located along the north side of Acushnet Drive between Jefferson Road and Weber Road (FM 43). Planning Commission Recommendation (July 15, 2015): Approval of the change of zoning from the"CG-2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit to the "IL" Light Industrial District. Staff Recommendation: Denial of the change of zoning from the"CG-2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Andrea Trevino and Jesus Trevino, dba South Side Paint & Body, LLC and Liliot, LLC ("Owners") by changing the UDC Zoning Map in reference Lots 8, 11 and 12, Block 7, Saratoga Weber Plaza (the "Property") from the "CG -2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 5 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030581 17. Second Reading Ordinance - Rezoning property located near Rodd Field Road and Siberian Street (1st Reading 8/11/15) Case No. 0715-03 Related Investors, Ltd.: A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as being a 66.96 acre tract of land out of Lots 1-4 and 14-16, Section 24, Flour Bluff and Encinal Farm and Garden Tracts, located along the east side of Rodd Field Road approximately 480 feet south of Siberian Street. Planning Commission and Staff Recommendation (July 15, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Related Investors, Ltd. ("Owners") by changing the UDC Zoning Map in reference a 66.96 acre tract of land out of Lots 1-4 and 14-16, Section 24, Flour Bluff and Encinal Farm and Garden Tracts (the "Property") from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030582 18. Second Reading Ordinance - Appropriating funds for Judicial Court Improvements (1st Reading 8/11/15) Ordinance appropriating $25,500 from Account 260310 Fund Balance Restricted for Judicial/Court Improvements in the No. 1020 General Fund for the purchase of microphones and other electrical equipment, electrical installation, and training for Municipal Court Judges; and amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $25,500 in the No. 1020 General Fund. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030583 Corpus Christi Page 6 Printed on 8/21/2015 City Council Meeting Minutes August 18, 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. Mayor Martinez referred to comments from the public. Rick Milby, 4412 High Ridge Drive, spoke regarding the management of tax dollars and resources; street repairs; in opposition to the Citizens Collection Center - Flour Bluff/Padre Island; and tax increases. Mr. Milby requested that the City Council give the City Manager a directive to cut the budget by at least 5% to begin repairs on the streets. Shirley Thornton, 1917 Woodcrest, spoke regarding the Citizens Collection Center - Flour Bluff/Padre Island; illegal dumping; recycle set out schedules; and raising taxes. Donald Parker, 11921 Honey Trail; Marilyn Lambert, 5352 CR 2161, Odem, Texas; Jim Osteen, 14410 Fairway Drive; Sherrie Allsup, 4242 Gulfbreeze; Melodie Friedrichs, 1151 FM 1360, Woodsboro, Texas; Diane Lowrance, Director of the Behavioral Health Center; Abel Alonzo, 1701 Thames, and Steven Gamble 1705 10th Street; spoke regarding Item 22, the adoption of homeless solutions visions and strategies. Larry Childers, 14330 Bluefish; Burris McRee, 5717 Oso Parkway; J.P. Jordan, 5433 Whitemarsh; Ketan Bhakta, 14050 South Padre Island Drive; Mary Alice Eskridge, 14326 Aquarius; Harley Moody, 14329 Caribe Street; and Jeff Smith, 14313 Dorsal Street; spoke in support of Item 28, traffic signal improvements for the Park Road 22 and Aquarius Drive project. Gloria Randall Scott, 4422 South Alameda, addressed the following topics: the red route for the new Harbor Bridge location; the Washington/Hillcrest area being considered a "transition" neighborhood; consideration to hold a "Let's Talk Corpus Christi" event in the Washington/Hillcrest area; and the results of the investigation into late Police Chief Floyd Simpson's death. P. REGULAR AGENDA: (ITEM 22) 22. Adopting Homeless Solutions Visions & Strategies Resolution to Adopt Homeless Solutions Vision and Strategies, to provide policy direction to City staff. Mayor Martinez deviated from the agenda and referred to Item 22. Assistant City Manager Susan Thorpe stated that the purpose of this item is to request adoption of a resolution on the Homeless Solutions Vision and Strategies. In response to several council members, Assistant City Manager Thorpe emphasized that approval of this resolution is to develop an advisory council to come up with a community solution to address the homelessness problem. The resolution does not ban any current group's activities. Council members spoke regarding the following topics: the groups and agencies that will be involved in the community process; future considerations on the use of the City Hall parking lot or an alternate location for food distribution by local groups; and including the ministry organizations as part of the process. Mayor Martinez called for comments from the public. Susie Luna Saldana, 4710 Corpus Christi Page 7 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 Hake!, encouraged the Council to consider including one (1) or two (2) individuals affected by homelessness to participate in the proposed advisory council. Gary Allsup, CEO of the Corpus Christi Housing Authority, said he recognizes that needs are not being met by the services that currently exist and believes that government is not always the solution to address the problem. Mr. Allsup encouraged wide-open communication on the existing ordinances and transparency. Council Member McIntyre made a motion to approve the resolution, seconded by Council Member Riojas. 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: 030584 Q. FIRST READING ORDINANCES: (ITEM 28) 28. First Reading Ordinance - Agreement for Traffic Signal Improvements for Park Road 22 and Aquarius Drive Intersection Ordinance amending the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 by appropriating $420,000 in Developer contributions from TBD -Q Packery Pointe, LP (Developer), increasing expenditures by $420,000 in the FY 2015 Capital Improvement Budget, and authorizing the City Manager, or designee, to execute a Traffic Signal Improvement Agreement between the City of Corpus Christi and Developer for the Park Road 22 and Aquarius Drive intersection and roadway improvements. Mayor Martinez deviated from the agenda and referred to Item 28. City Secretary Huerta announced that Council Member Scott would be abstaining on this item. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute a Traffic Signal Improvement Agreement with TBD -Q Packery Pointe, LP for the Park Road 22 and Aquarius Drive project. The developer's contribution to the project is $420,000 and the City's share of the project is $285,625, which is being funded by the Bond 2012 Texas Department of Transportation (TxDOT) Participation project program. There were no comments from the public. Council members spoke regarding the following topics: the dangers at the intersection; the safety benefits of the traffic signal; providing advanced warning of the new traffic signal on the bridge; reduction of the speed limit; review of the design by TxDOT; support from the Island Strategic Action Committee (ISAC); appreciation for the developer's contribution; and the community involvement. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was approved and approved with Corpus Christi Page 8 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 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 Vaughn Abstained: 1 - Council Member Scott I. EXECUTIVE SESSION: (ITEMS 7 - 8) Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. 7. 8. Executive Session pursuant to Section 551.071 of the Texas Government Code and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the New Broadway Waste Water Treatment Plant, current and proposed sewer, water, street, bridge, park, and other public infrastructure in or near said Plant, complaints related to any such infrastructure, and claims and change orders related to the construction of the aforementioned Plant. This E -Session Item was discussed in executive session. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters' Association and/or Corpus Christi Police Officers' Association. This E -Session Item was discussed in executive session. R. FUTURE AGENDA ITEMS: (ITEM 36) Mayor Martinez deviated from the agenda and referred to Future Agenda Item 36. Executive Director of Public Works Valerie Gray provided a report on this item. 36. Change Order No. 9 for the New Broadway Wastewater Treatment Plant Motion authorizing the City Manager or designee to execute Change Order No. 9 with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $668,515.36 for a total restated fee of $51,403,936.57 for the New Broadway Wastewater Treatment Plant. This Motion was recommended to the consent agenda. H. BRIEFINGS: (ITEMS 2 -6) 2. New Broadway Wastewater Treatment Plant Corpus Christi Page 9 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 Mayor Martinez referred to Item 2. Executive Director of Utilities Mark Van Vleck stated that the purpose of this item is to provide an update on items associated with the agreement between the City of Corpus Christi and the Hillcrest Homeowners' Association regarding the New Broadway Wastewater Treatment Plant. Mr. Van Vleck provided an overview of the five elements of the agreement: 1) demolish existing facility and replace with greenspace; 2) locate new plant on the north side of the property; 3) 150 foot setbacks other than along Resaca Drive; 4) install odor control; and 5) landscaping and fencing requirements. Mr. Van Vleck presented the following information: the location of the new plant to the old plant; an illustration of the 150 ft setback; the improvements to the facility to improve odor, perimeter fencing, and landscaping; and the project timeline. Council members spoke regarding the following topics: odor control at the facility; the timeline for demolition of the old plant; and the fencing and final greenspace improvements. 3. Proposed FY2016 Budget for Capital Improvement Program Mayor Martinez referred to Item 3. Assistant City Manager of Public Works & Utilities Gus Gonzalez stated that the purpose of this item is to present the FY2015-2016 proposed Capital Improvement Program (CIP) Budget and Planning Guide. Assistant City Manager Gonzalez provided the following information: the purpose of the budget and planning guide; the sections of the document consisting of Year -One priorities, the short-range program and the long-range forecast; the total cost and department distribution for Year -One; and the program highlights and funding sources for projects for Airport, Parks and Recreation, Public Facilities, Public Health & Safety, Streets, Gas, Storm Water, Water Supply, Water, and Wastewater. Council members spoke regarding the following topics: adding Bond 2012 General Obligation Bonds as a funding source for Public Facilities; an update on the Park Road 22 Bridge; funding from the U.S. Bureau of Reclamation for Water Supply; distinguishing between the City of Corpus Christi's Pilot Desalination Program and the industry customers' feasibility study; an update on Mary Rhodes Phase 11 and ribbon cutting; the status of the Port Industries Project on desalination; the City Council Priorities for Water Supply; narrowing down the location of the pilot desalination program; concerns that the desalination project studies are duplicating efforts and how the two projects intertwine; requesting a full presentation on the status of the City's desalination program, the status of other projects; plans moving forward; adding the future water supply development fund as a funding source to fund the City's Pilot Desalination Program; legislative changes at the state level regarding desalination; the funding schedules for Waldron Road, North Beach Access Roads (3A and 2) and JFK Causeway Area Improvements; an update on the Community Park Development and Improvements; the inclusion of wastewater projects; including information under the Streets tab on the process for long-range arterial road projects to move into the CIP when a new Bond project is approved by the voters; addressing neighborhood drainage projects; whether there is a project to address rain overflow for the Greenwood Wastewater Treatment Plant; the consolidation of the wastewater treatment plants; the amount of funding "cobbled" together to fund Park Road 22 Bridge; including information that reflects the amount of projects in Water and Wastewater that support street projects; 70% of the CIP supporting Corpus Christi Page 10 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 infrastructure; and consideration to include the unfunded projects in the RESTORE Act application process. 4. Proposed FY2016 Budget for Enterprise Funds Mayor Martinez referred to Item 4. Assistant City Manager Gus Gonzalez stated that the purpose of this item is to provide a summary of the proposed FY2016 Budget for the Enterprise Fund. Mr. Gonzalez presented information on the following: the mission of the Enterprise Fund; the pinnacle issues in FY2016; the major accomplishments for FY2015; the number of full-time equivalents; a chart on the sample water bills based on new utility rates; proposed changes to wastewater and gas ; revenues and expenditures; the summary of fund balances; and the recommended decision packages for FY2016. Council members spoke regarding the following topics: a future fiscal policy regarding the uses for the Enterprise unrestricted fund balances; the expectations for funding the decision package for Aquifer Storage & Recovery; defining reserves for wastewater in the budget; and the treatment methods for water storage. 5. Proposed FY2016 Budget for Debt Service Funds Mayor Martinez referred to Item 5. Director of Financial Services Constance Sanchez stated that the purpose of this item is to present the proposed FY2016 Budget for the Debt Services Funds. Ms. Sanchez presented the following information: the mission of the debt service funds; the major revenues; summary of expenditures; the projected change in fund balance; the total outstanding general obligation debt; the outstanding utility revenue debt; the debt per capita for general obligation debt; and the proposed bond issuances for FY2016. 6. Proposed FY2016 Budget for Special Revenue Funds Mayor Martinez referred to Item 6. Assistant Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to present the proposed FY2016 budget for the Special Revenue Funds. Mr. Houlihan presented the following information: the mission on the special revenue funds; the pinnacle issues for FY2016; the major accomplishments for FY2015; the number of full-time employees; the revenues and expenditures; the summary of fund balances and projected change in fund balances; and the decision packages for FY2016, all related to Streets. Council members spoke regarding the following topics: an explanation of the Street Fund reduction in expenditures from estimated FY2014-2015 to proposed FY2015-2016; current and anticipated unspent funds in street maintenance; the increases in revenue FY2016; the budgeted sales tax revenues in future years and the impact increasing ad valorem taxes will have on that revenue; the increased percentage in the hotel occupancy tax (HOT) fund; monitoring of Packery Channel and patrol requirements; consideration of contract services for City Marshal services; convention center capital improvements; the future of the 1115 Waiver and exploring what other cities are using for their programs. Corpus Christi Page 11 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 N. ONE READING ACTION ITEMS: (ITEMS 19 - 20) 19. Setting the Council Meeting date to Adopt the Property Tax Rate Motion setting September 15, 2015, as the date of the adoption of a proposed maximum ad valorem tax rate of $ valuation. * The proposed rate will be inserted at the August 18th meeting. per $100 Mayor Martinez referred to Item 19. Director of Financial Services Constance Sanchez stated that Items 19 and 20 are related to the property tax rate. The proposed FY2015-2016 Operating Budget includes a tax rate of $0.606264 per $100 valuation, which is 2.1 cents higher than last year's property tax rate due to a voter -approved Bond Election in November. The tax rate in the proposed FY2015-2016 Operating Budget is higher than the effective tax rate, but lower than the rollback rate. The purpose of Item 19 is to set September 15, 2015 as the date to adopt the property tax rate. The purpose of Item 20 is to schedule the public hearings on the ad valorem tax rate for September 1, 2015 and a second public hearing for September 8, 2015. Council Member Magill provided a proposal of ideas including: the creation of an "Infrastructure Commission" to provide advice and recommendations to City Council on streets; eradication of the street user fee and creating a street maintenance and reconstruction tax (SMART); $30 million for 30 years to properly fund residential street reconstruction; codifying designation of funds going directly into the infrastructure and utilities and as new or additional funds become available, decreasing the tax increase. MOTION OF DIRECTION Council Member Magill made a motion directing City Manager to bring back an ordinance for the creation of an Infrastructure Commission, seconded by Council Member Vaughn. Discussion on this motion included: creating the commission would create bureaucracy; the final decision making would be by the City Council; the composition of the commission and issues with conflicts of interest; staff resources and allocations; and the ad hoc Street Maintenance Committee. The motion of direction was passed with the following vote: Vaughn, Garza, Magill, Rosas, and Rubio, voting "Aye"; Martinez, Scott, McIntyre, and Riojas, voting "No". Council members spoke regarding the following topics: the recommended total increase necessary to fund combined strategies, residential at .11176 and street maintenance fee conversion to ad valorem strategy at .06471, totaling 17.647 cents; the eradication of the street maintenance fee; the ability to self assess; referendum challenges to an increase in ad valorem taxes; consideration to increase taxes between four to eight cents; distribution of the sales tax; the process for reducing a portion of the Regional Transportation Authority tax; economic development challenges with increased taxes; the internal and external capacity to support additional street projects; the City Council's first priority to fix residential/local streets; creating a dedicated funding stream for residential/local street repairs; evaluating funding sources should other funding become available; how increased ad valorem taxes would Corpus Christi Page 12 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 affect business owners; a rollback election; the election schedule; election provisions; consideration to double the current street maintenance fee; and a charter revision to allow the ability for City Council to take a referendum to voters. MOTION OF DIRECTION Council Member McIntyre made a motion directing the City Manager to come back with an action to amend the City Charter to allow for City Council initiated referendums, seconded by Council Member Magill and passed unanimously. There were no comments from the public on Item 19. Council Member Garza made a motion to set September 15, 2015, as the date of the adoption of the ad valorem tax rate of $.606264 per $100 valuation. The motion was seconded by Council Member Magill. This Motion was passed 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 Vaughn Nay: 1 - Council Member Scott Abstained: 0 Enactment No: M2015-086 20. Scheduling the Two Public Hearings Related to FY2015-2016 Property Tax Motion setting a public hearing on the ad valorem tax rate for September 1, 2015 and a second public hearing for September 8, 2015 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Mayor Martinez referred to Item 20. Director of Financial Services Constance Sanchez stated that a special meeting will be held on September 1, 2015 to hold the public hearing on the ad valorem tax rate. There were no comments from the public. Council Member Magill 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: M2015-087 0. PUBLIC HEARINGS: (ITEM 21) 21. Public hearing and future resolution to approve the Corpus Corpus Christi Page 13 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 Q. Christi Crime Control Budget for FY2015/2016 Public hearing and future resolution approving the FY 2015/2016 budget for the Corpus Christi Crime Control and Prevention District. Mayor Martinez referred to Item 21. Magement Services Director for the Police Department Pat Eldridge stated that the purpose of this item is to present the FY2015-2016 budget for the Corpus Christi Crime Control and Prevention District. Ms. Eldridge provided the following information: the continued focus on the core programs; the assignment of 63 police officers; the total revenues and expenditures; and the budget schedule. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. FIRST READING ORDINANCES: (ITEMS 23 - 27 and 29 - 30) 23. First Reading Ordinance - Appropriating Funds for Increased Wrecker Fees Ordinance appropriating $110,000 in General Fund No. 1020 from increased towing fees adopted by City Council in January 2015; 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 $110,000 each. Mayor Martinez referred to Item 23. Interim Police Chief Mike Markle stated that the purpose of this item is to appropriate $110,000 from increased towing fees adopted by the City Council. In response to a council member, Chief Markle said the FY2016 Operating Budget will need to be amended to reflect this increase. There were no comments from the public. Council Member Rubio 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: 6 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 3 - Council Member McIntyre, Council Member Riojas and Council Member Scott Abstained: 0 24. First Reading Ordinance - Accepting and appropriating grant funds for Driving While Intoxicated (DWI) and Speed enforcement overtime Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $98,082 for the 2016 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI) and Speed enforcement overtime, with a city match of $43,247.57, for a total Corpus Christi Page 14 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 project cost of $141,329.57 and appropriating $98,082 in the No. 1061 Police Grants Fund. Mayor Martinez referred to Item 24. Interim Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate a grant from the Texas Department of Transportation (TxDOT) in the amount of $98,082 from the 2016 Comprehensive Selective Traffic Enforcement Project (STEP) for Driving While Intoxicated (DWI) and speed enforcement overtime. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Garza. The Ordinance were passed on first reading and approved with the following vote:. Aye: 6 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 3 - Council Member McIntyre, Council Member Riojas and Council Member Scott Abstained: 0 25. First Reading Ordinance - Appropriating grant funds for motor vehicle theft enforcement Ordinance appropriating $527,853 from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) in the No. 1061 Police Grants Fund; and appropriating $6,621 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. Mayor Martinez referred to Item 25. Interim Police Chief Mike Markle stated that the purpose of this item is to appropriate $527,853 from the Texas Automobile Burglary and Theft Prevention Authority and $6,621 in program income match to continue the motor vehicle theft enforcement grant. There were no comments from the Council or the public. Council Member Rosas 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: 6 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 3 - Council Member McIntyre, Council Member Riojas and Council Member Scott Abstained: 0 26. First Reading Ordinance - Authorizing contracts and appropriating funds for the Community Youth Development Program Ordinance ratifying execution of Community Youth Development program contracts with Texas Department of Family and Protective Corpus Christi Page 15 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 Services from March 1, 2015 to August 31, 2015 in the amount of $207,233.47 and September 1, 2015 to August 31, 2016 in the amount of $396,765.44; authorizing appropriation in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing extension of subcontracts with Youth Odyssey, SERCO of Texas, Communities in Schools, and Boys & Girls Club of Corpus Christi. Mayor Martinez referred to Item 26. Assistant Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to ratify execution of the Community Youth Development (CYD) program contracts with the Texas Department of Family and Protective Services in the 78415 area. There were no comments from the Council or the public. Council Member Magill made a motion to approve the ordinance, seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio and Council Member Rosas Absent: 3 - Council Member Riojas, Council Member Scott and Council Member Vaughn Abstained: 0 27. First Reading Ordinance - Amending City Code regarding Technical Construction Boards Ordinance amending the Corpus Christi Code of Ordinances, Chapter 14 "Development Services," Article II "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Administration of Technical Construction Codes," Section 14-206, "Technical construction boards," by amending the licensing requirements for members of the Electrical Advisory Board and Mechanical/Plumbing Advisory Board; providing for severance; and providing for effective date. Mayor Martinez referred to Item 27. Director of Development Services Dan Grimsbo stated that the purpose of this item is to amend the City's Code of Ordinances, Chapter 14, Development Services, by amending the licensing requirements for the members of the Electrical Advisory Board and the Mechanical/Plumbing Advisory Board to allow for more flexibility during the appointment process. In response to a council member, Mr. Grimsbo said the amendment would allow preference for appointment to be given to individuals licensed in the State of Texas rather than making it a requirement. For example, a retired candidate who has many years of experience but no longer maintains a license. There were no comments from the public. Council Member Garza made a motion to approve to ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio and Council Member Rosas Corpus Christi Page 16 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 Absent: 3 - Council Member Riojas, Council Member Scott and Council Member Vaughn Abstained: 0 29. First Reading Ordinance - Authorizing the Issuance of Certificates of Obligation for Facility Improvements (Senior Centers) Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2015" in an amount not to exceed $2,000,000 for the purpose of financing costs associated with making permanent public improvements within the City; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations on file with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the Certificates; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. Mayor Martinez referred to Item 29. Director of Financial Services Constance Sanchez stated that the purpose of this item is to authorize the issuance of up to $2,000,000 in Certificates of Obligation for the purpose of making permanent public improvements to Lindale Senior Center, Northwest Senior Center, Greenwood Senior Center and the City Hall skylight. Ms. Sanchez said the City published the notice of intention to issue the certificates on July 19, 2015 and July 26, 2015. There were no comments from the public. Council Members spoke regarding the follow topics: the unanimous support of the Council to make senior centers a priority and the results of the facility maintenance study. Council Member Rubio made a motion to approve the ordinance, seconded by Council member McIntyre. 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 30. First Reading Ordinance - Adopting the 2015 Tax Increment Reinvestment Zone #3 Amended Project and Financing Plan Ordinance approving the Project & Financing Plan as proposed by the Corpus Christi Page 17 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 Board of Directors of Reinvestment Zone Number Three, Corpus Christi, Texas Mayor Martinez referred to Item 30. Business Liaison Alyssa Barrera stated that the purpose of this item is to adopt the amended Project & Financing Plan for Tax Increment Reinvestment Zone #3 (TIRZ #3). Ms. Barrera provided a brief overview of the following information: how the tax increment funds work; the location of the TIRZ; the project categories; the proposed programs and initiatives; and the project budget. There were no comments from the Council or the public. Council Member Garza 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: 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 R. FUTURE AGENDA ITEMS: (ITEMS 31 - 35) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had a planned presentation on Item 33. 31. Lease -Purchase of 8 CNG Trucks, 3 Diesel Trucks and 2 Trailers for Solid Waste Operations Motion approving the lease -purchase of eight compressed natural gas garbage trucks, one cab and chassis, two retriever side loaders, and two trailers from the following companies for the amounts below for a total cost of $3,413,907.30. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Government (H -GAC) and the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the city's lease purchase financing contractor. Rush Truck Center of Texas, L.P. Houston, Texas $2,737,724.84 Purchase Price Interest for Lease Total Cost Heil of Texas Houston, Texas $188,302.00 $3,218,001.84 $195,905.46 $3,413,907.30 Corpus Christi Freightliner Corpus Christi, Texas $291,975.00 This Motion was recommended to the consent agenda. 32. Replacement Mobile Computers for Police and Fire Vehicles Corpus Christi Page 18 Printed on 8/21/2015 City Council Meeting Minutes August 18, 2015 Motion authorizing the City Manager, or designee, to approve a 48 -month lease agreement with CSI Leasing, Inc. of Saint Louis, Missouri, DIR-SDD-1880, for two hundred thirty-five (235) Datalux T5 Integrated Mobile Data Computer (MDT) systems from Austin Ribbon & Computer of Austin, Texas, for a total expenditure of $1,186,571.89. Funds are available in the Municipal Information Systems Department FY2014-2015 budget and will be requested in future budget years. This Motion was recommended to the consent agenda. 33. City Council Construction Change Order Policy Resolution establishing City Council policy for construction change orders. This Resolution was recommended to the consent agenda. 34. Engineering Monitoring Contract Amendment No. 2 for Nueces Bay System Salinity and Freshwater Inflow Monitoring 2015-2016 Motion authorizing the City Manager or designee to execute Amendment No. 2 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $96,428 for a total restated fee not to exceed $288,720 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2015-2016. This Motion was recommended to the consent agenda. 35. Engineering Monitoring Contract Amendment No. 5 for Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2015-2016 Motion authorizing the City Manager or designee to execute Amendment No. 5 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $99,593 for a total restated fee not to exceed $654,674 for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2015-2016. This Motion was recommended to the consent agenda. S. LEGISLATIVE UPDATE: None. T. ADJOURNMENT The meeting was adjourned at 7:18 p.m. Corpus Christi Page 19 Printed on 8/21/2015 City Of Corpus Christi CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPM ENT CORPORATION BOARD DETAILS SIZE 22 Seats TTERM LENGTH 3 Years OVERVIEW TERM LIMIT 6 Years CONTACT 1 Mike Culbertson 0 (361) 882-7448 mculbertson@ccredc.com The Corpus Christi Regional Economic Development Corporation performs as an advisory board to the City Council and investigates and recommends to the Council such projects as in its opinion would be advantageous to the future growth of the City and to assist the City in the establishment and location of industries. �q DETAILS COMPOSITION Seventeen (17) Directors, of w hich six (6) are designated by the City of Corpus Christi to represent the public sector; one of w hich shall be the Mayor of the City of Corpus Christi and another a Council member appointed by the Mayor. The remainder of the Board shall be comprised of not more than seven (7) Directors to represent the private sector elected by the Corporation's membership in accordance w ith its bylaws. Representing the public sector, two (2) shall be appointed by the Port of Corpus Christi Authority, and up to two (2) designated by any other governmental entities that each contribute at least $50,000 annually to the Corporation. The Board may also consist of such additional, non-voting, ex - officio Directors as determined by resolution. The directors shall serve not more than two, consecutive, three-year terms as provided in the Corporation's bylaws; provided that the term of office of any director w ho is a public official shall coincide w ith his or her term of public office. CREATION / AUTHORITY Corporation established under 501(c) (6) of the Internal Revenue Code and its regulations. M2000-31, 1/25/00; M2000-53, 2/22/00; M2004-382, 10/12/04. Amended Bylaws July 2010. MEETS 2nd Thursday of every month at 7:30 a.m., Omni Hotel. TERM DETAILS Three-year staggered terms. DEPARTMENT C.C. Regional Economic Development Corporation Name List of Corpus Christi Regional Economic Development Corporation Members August 25, 2015 One (1) vacancy with term to 12/31/15. Board name Status District El End date Position Art Granado Johnna Jones Elizabeth Chu Richter Jerry Dewbre Nelda Martinez Rudy Garza Adam Smith Steve Woener Willard Hammonds Jr. Gabriele HilpoId Gabriel Guerra Alfred "AI Jones Richard Valls Jr. Joe Adame David Engel Leona Keys Ronald Olson CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION County Judge Loyd Neal CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION County Judge Terry Simpson CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION John LaRue David Krebs Flavius Killebrew CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Resigned Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active Active District 2 2 12/31/15 City Member 1 12/31/15 Membership Member 1 12/31/15 Membership Member District 1 1 1 12/31/15 City Member alMilli 2 11/01/16 City Term of Office, Voting 2 11/01/16 City Term of Office, Voting IIII 1 12/31/16 Membership Treasurer 2 12/31/16 Membership Immediate Past Chair District 4 1111 2 12/31/16 City Member District 4 - 1 12/31/17 City Member District 5 liMil 1 12/31/17 Membership Vice -Chair District 4 1 12/31/17 Membership Chair District4 1 12/31/17 Port Authority Member - 1 12/31/17 Membership Member District4 I=P 1 12/31/17 Port Authority Secretary Other / Non -Resident N/A N/A Del Mar Ex -Officio, Non-voting N/A N/A City Ex -Officio, Non-voting N/A N/A Nueces County Ex -Officio, Non-voting N/A N/A San Patricio County Continuous, Voting N/A N/A Port Authority Ex -Officio, Non-voting N/A N/A Portland Continuous, Voting N/A N/A TAMU- Corpus Christi Ex -Officio, Non-voting List of Corpus Christi Regional Economic Development Corporation Applicants August 25, 2015 District Em .lo er Work Address E. V. "Chip" Bonner District 4 BAYSHORE ASSOCIATES LLC P.O. BOX 9400 CORPUS CHRISTI TX 361-510-1661 Derek Burgess District 4 RAIN FOR RENT 433 N. NAVIGATION BLVD. CORPUS CHRISTI TX 361-881-1346 Richard Burns District 5 ALINEAR SOLUTIONS -MANAGEMENT SOLUTIONS OF SOUTH TEXAS Larry R. Elizondo Sr. District 5 CITGO PETROLEUM CORPORATION 1802 NUECES BAY BLVD. CORPUS CHRISTI TX Toby Hammett Futrell District 4 RETIRED/TEACHES AT TEXAS A&M UNIVERSITY -CORPUS CHRISTI 6300 OCEAN DR. CORPUS CHRISTI TX John Garcia District 1 COMFORT SUITES 1814 ENNIS JOSLIN ROAD CORPUS CHRISTI TX 361-991-7100 Eldon Daniel McQueen District 1 SIKORSKY AIRCRAFT COMPANY-CCAD HANGAR 44 - CCAD CORPUS CHRISTI TX 361-961-1403 Armando Mendez District 3 GATES CORPORATION OIL & GAS 134 44TH ST. CORPUS CHRISTI TX 361-885-3500 Morgan Spear District 4 MORGAN SPEAR ASSOCIATES 225 S. CARANCAHUA CORPUS CHRISTI TX 361-883-5588 Diana Summers District 4 HOGAN HOMES 400 MANN ST. CORPUS CHRISTI TX 512-994-8786 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 08, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile V. E. "Chip" Prefix Fir Name Middle Initial Email Address Bonner Last Name Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1161111.1.111 Primary Phone Alternate Phone BAYSHORE ASSOCIATES LLC PRESIDENT Employer Job Tit`a P.O. BOX 9400 WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78469 WorkAddress - Zip Code 361-510-1661 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BS IN BUSINESS WITH EMPHASIS IN FINANCE AND ACCOUNTING FROM TRINITY UNIVERSITY (1978) JD FROM ST MARY'S UNIVERSITY SCHOOL OF LAW (1981) Registered Voter? QQYes No Current resident of the city? QQYes No 35 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El IAgree Board -specific questions (if applicable) BIOGRAPHICAL INFORMATION FORM FOR A CITY BOARD, Submit Date: Apr 21, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Derek Burgess Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. vOMINOMM Primary Phone Alternate Phone Rain For Rent Sales Representative Employer Job Title 433 N. Navigation Blvd WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Tx WorkAddress - State 78408 WorkAddress - Zip Code 3618811346 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BA communications from TAMUCC; years of coaching youth football and kickball; former member of the Red Cross board; former BNI president; actively involved in oil & gas through my work Registered Voter? QYes No Current resident of the city? D Yes Q No 25 If yes, how many years? Derek BurgessResume.doc Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El IAgree Board -specific questions (if applicable) Derek Burgess Medical and/or Technical Sales Candidate Career Summary: Degreed sales and marketing leader with a solid background in the technical and medical/health industries. Proven business developer and team manager, successful at qualitative and quantitative market growth. Driven by goal attainment. Core Competencies Sales and Marketing: Over 10 years' experience in sales and marketing while working in highly competitive industries. Able to plan and execute sales strategies, territory management and client retention. In-depth functionality utilizing professional networking, social media, and a honed skill set that includes cold -calling, and "getting past the gate keeper" techniques. Recognized as a business -minded sales leader by management. Timely reporting to stakeholders. Operations Management: Established history of managing and growing businesses. Concentration on profitability and customer service. Team development and enrichment to conquer key initiatives. Analytical and Technical Aptitudes: Experienced CAD Engineer, with 10+ years' of reporting to civil engineering teams and Federal/State/County agencies, utilizing a high -degree of analytical and technical expertise. Health/Medical: Educated and licensed to analyze and remediate unhealthy and unsafe home/office/commercial building conditions. Worked directly with the U.S. Department of Health. Subject Matter Expert in mold and lead identification and proper extraction/remediation. RMSR Certified and scheduled to take the Texas Life and Health Licensing Exam in March. Career History: Blackbird Remediation, Corpus Christi, TX 2013 -Present President Direct marketing to insurance agents and adjusters, property managers and realtors. Clientele includes homeowners to CEOs, laymen to millionaires. • Responsible for all drafting and permit applications with the city • Market directly to homeowners and property managers to sell duct -cleaning services • Perform large and small mold -remediation projects with a license from the Dept. of Health PuroClean Restoration Services, Corpus Christi, TX 2010-2013 President Built local franchise from the ground up by consistently marketing directly via cold -calls and relationship building to Insurance Agents and adjusters, property managers and realtors. Handled all sales, purchasing, project management and marketing. Trained and managed inside/outside teams. • IIRC Certified - WRT, FSRT; EPA Lead -safe certified; Approved CE Instructor • President of BNI for one-year full-term Voss Engineering, Inc., Corpus Christi, TX 1997-2010 CAD Engineer/On-Site Inspector • Analyzed and produced foundation designs for civil engineering firm • Performed on-site inspections on new and existing construction • Assisted in field survey operations • Produced all survey drawings from 2005-2010 Padre Computers, Corpus Christi, TX 2002-2005 Partner Co -managed the start-up of a new computer repair/service/sales company • Managed all repairs for first year, sales & marketing for three years, including door-to-door sales • Helped make company profitable until sold to competitor Education: Texas A&M — Corpus Christi, Corpus Christi, TX; B.A. in Communications; Consistent Dean's List Member Texas A&M — Corpus Christi, Corpus Christi, TX; Studied Electrical Engineering; Maintained 4.0 average with full class schedule and working 40 -hour work week BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 03, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Richard Burns Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone HLINLHK JULU 1 IVINJ- MANAGEMENT SOLUTIONS OF SOUTH TEXAS Employer WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State Alternate Phone CEO Job Title WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) MBA, AUBURN UNIVERSITY ALABAMA BA, UNIVERSITY OF NORTH CAROLINA, CHAPEL HILL, NC COMMUNITYACTIVITY: LIFE TEEN VOLUNTEER, CHURCH PREVIOUS: GREATER AUSTIN AT WORK TASK FORCE; PRESIDENT, CENTRAL TEXAS DIVERSITY COUNCIL SEE ATTACHED RESUME Registered Voter? QQYes No Current resident of the city? QQYes No 3 If yes, how many years? BURNS2.pdf Upload a Resume BURNS.pdf Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QYes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. PERSONAL INFORMATION RICHARD J. BURNS ("RICH") EDUCATIONAL BACKGROUND Auburn University MBA University of North Carolina, Chapel Hill BA Summary: Accomplished Human Resources Professional (15 years' experience) with highly developed HR technical skills (HMS, MS Office, data reporting systems).. Highly experienced in employee skills assessments, job analysis, compensation structures. "Voices" (360 assessment) certified. Former Naval Aviator with extensive leadership experience of high performing teams. Served on the staffs of Chief of Naval Air Training and Commander Naval Air Forces Pacific Fleet in training standardization and manpower analysis capacity. Served as Commanding Officer NAS Pensacola and managed Civil Service function in that capacity. Excellent interpersonal skills --collaborative. Accomplished presenter and trainer. Extensive experience providing consultation and creative solutions to leaders and decision makers on HR issues, policies and laws. Currently manage an HR shop of 4 professionals. PROFESSIONAL EXPERIENCE THE UNIVERSITY OF TEXAS AT AUSTIN 2000 to January 2015 Austin, Texas The University of Texas at Austin is the Flagship of the University of Texas System. The University is a highly complex organization with approximately 50,000 students and 23,000 employees. In addition to the main campus, there are other research and satellite facilities in Austin as well as the MacDonald Observatory in Fort Davis, Texas and the Marine Science Institute in Aransas Pass. The University is one of the largest institutions of higher education in the country. ASSOCIATE ATHLETICS DIRECTOR FOR HUMAN RESOURCES Lead and Manage all HR functions for the NCAA Division! Athletics Department—a staffof400 permanent employees and 700 part time and temporary employees (state employees). Major departments include finance, facilities operations and maintenance, sports administration, event operations, communications, marketing and the Longhorn Foundation (fund raising), the Erwin Center entertainment facility. HR team supports ail human resources functions including recruiting, compensation, compliance, time and attendance, employee relations, training and development, benefits and salary administration, workers compensation. Works closely with risk management. DIRECTOR, STAFFING AND CAREER MANAGEMENT SERVICES Manage a team of human resource professionals providing services to campus clients in the areas of managing talent— recruitment, retention, compensation, job analysis, job design, compliance, diversity and compliance. Provide consultation to campus leaders and managers on recruitment and retention strategies, long range human resource strategic planning and organizational design. Use state of the art tools for developing salary structures, compensation analysis, and organizational analysis. Design and develop electronic solutions to automate processes. Serve as member of the Human Resource Services Management Team. Currently serve as consultant in human resource generalist role. Presented at numerous meetings and conferences including Texas Workforce Commission, Greater Austin At Work, WorkSource and the Texas Diversity Council state-wide conference. BLUE CROSS AND BLUE SHIELD OF FLORIDA 1995-2000 Jacksonville, Florida Blue Cross and Blue Shield is the largest health insurer in Florida -9000 employees—home based in Jacksonville with offices in Miami, Tampa, Orlando and Pensacola. It is rich in technology and human systems required to service the health insurance needs of its millions of members DIRECTOR, HUMAN RESOURCES (HRIS & PROJECTS) Had hands on leadership accountability for the implementation of PeopleSoft HR and Payroll (HRMS) plus eLabor Time and Attendance Management System (TAMS). SIOM project encompassed employee administration, benefits, compensation and payroll. Project (Phase 1) was completed on time and under budget. 30 project team members reported to me through a project management office (PMO). Cross functional team consisted of HR and Payroll professional staff, IT technical and systems integration partner --KPMG. Recognized for leadership and results. UNITED STATES NAVY Numerous leadership assignments and achievements as a successful career Navy Pilot flying advanced fighter jets aboard aircraft carriers. Experience included 5000 flight hours and flying operational missions during hostilities. Served as Squadron Commander, and Deputy Carrier Air Wing Commander and large base commander (Pensacola Naval Air Station). During career, consistently rose to positions of increased accountability and leadership in an organization that is complex and mission oriented in a global perspective. March 3, 2015 Ms. Rebecca Huerta City Secretary City of Corpus Christi, Texas Dear Ms. Huerta, Please accept my application for membership on City of Corpus Christi's boards, commissions, and committees. I have been residing in Corpus Christi since July, 2012 with my wife Penny, however, my association and with Corpus and the Coastal Bend goes back quite a bit longer. I met my wife while I was a Navy flight instructor at NAS Chase Field, Beeville after which we transferred Chief of Naval Air Training (1980), NAS Corpus Christi. Our son and grandson were both born in Corpus Christi. 1 am a graduate of the University of North Carolina, Chapel Hill and received a Masters in Business Administration from Auburn University, Alabama. As a former Navy Pilot, l served as Squadron Commander, Deputy Air Wing Commander and then Base Commander of Naval Air Station Pensacola, Florida—with its large, deep water port and high volume air field. After the Navy, I joined Blue Cross and Blue Shield of Florida in Jacksonville, Florida, where I served as Director of Human Resources Information Systems; and then became project leader for the purchase and implementation of PeopleSoft human resources management system, a $9M project, managing a team that consisted of 30 staff. In 2000 we returned to Texas and 1 began employment with the University of Texas at Austin (19,000 employees). I served as Associate Athletics Director for the NCAA Division 1 Athletics Department human resources function. The Longhorns Athletics Department had 400 permanent and 700 employees, with a budget of $160M. I left the University last month, January of 2015. I have a strong background in leadership roles in both the private and public sectors. 1 am anxious to serve in the community in areas where my experience will help. Please do not hesitate to contact me if you have any questions. I am attaching my application and resume. Sincerely, Rich Burns BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 21, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Larry Prefix First Name Email Address R. Middle Initial Elizondo Last Name S r. Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Street Address Suite orApt City State Postal Code District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111111111111.1111111 Primary Phone CITGO PETROLEUM CORPORATION Employer WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State Alternate Phone KLIININC., C.DUVLKNIVILN 1 HNU PUBLIC AFFAIRS AND LEGISLATIVE AFFAIRS WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Registered Voter? QQYes No Current resident of the city? QQYes No 55 If yes, how many years? ELIZONDO.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El IAgree Board -specific questions (if applicable) - Profile Larry R. Elizondo, Sr. Manager, Corporate Social Responsibility, Refining G&PA and Legislative Affairs Mr. Elizondo has proven himself a valued leader in the Corpus Christi community with professional accomplishments such as successfully managing over $668 million of public funds, and maintaining an outstanding record while serving the largest employer in Corpus Christi. Larry is an adept negotiator and critical thinker, and has extensive knowledge of industry and government regulations. These skills have allowed Larry to serve the citizens of Corpus Christi in many capacities. • Extensive Experience & Expertise • Management - World Class Turnaround Management and supervisory training • Certified as a process technician through the United States Department of Labor • Consensus Decision -Making • Community Advocacy • Military Affairs • Strategic Planning • Employee Development • Career Accomplishments • United States Marine Corps Reserves 1978 -1984 • Manager, Corporate Social Responsibility, Refining G&PA and Legislative Affairs - CITGO Corpus Christi • Maintenance Planner • Process Shift Supervisor Career Accomplishments Cont. • Program Maintenance Manager • Maintenance Planning Specialist • Turn Around Manager for CITGO Refinery • Certified as Terminal Operation Technician • Provided leadership for 5,300 employees • Former Chairman of the Port Industries Government & Public Affairs Committee (2 Terms) • Member of the Government and Public Affairs Committee • Accounted for 5566 million budget while serving on the Corpus Christi ISD (CCISD) school board • Former President/Vice-President for CCISD school board • Former Corpus Christi City Councilman District 5 (3 terms) • Served on the Municipal Court Committee and on the Administrative Committees • Served as Mayor Pro -Tem • Appointed as a Texas Representative on the National Advisory Council, Migrant and Seasonal Head Start Program in Washington, D.C. Community Involvement • Board Member of Coastal Bend Council of Governments • Board Member of American Red Cross • Board Member of Big Brothers/Big Sisters • Board Member ofAVANCE • Board Member of Mission of Mercy • Board Member of Camp Aranzazu • Board Member of PTSA • Board Member of Corpus Christi Chamber of Commerce • Board Member of John Paul II High School Board • Board Member of Westside Business Association • Board Member of Del Mar College Foundation • Member of Downtown Rotary Club • Chairman of Salvation Army Campaign Fund • Board Member of Corpus Christi Chamber of Commerce • Board Member of Coastal Bend Blood Center • Master of Ceremonies Feria De Las Flores 2011 • Master of Ceremonies Hi-Fairnessee • Former President of the Corpus Christi Education Foundation (2- Terms) Community Involvement Cont. • Former Board Member of the Corpus Christi Hispanic Chamber of Commerce • Former Board Member of John Paul II School Board Advisory Council • 2015 American Heart Ball — Co Chair in Special Honors • Westside Business Association Community Advocate of the Year • CCISD I -Achieve Gold Star Advocate Award • Hispanic Women's Network of Texas Las EstrelIas for Civic Contributions • Texas Association of Mexican American Chamber of Commerce Corporate Business Advocate of the Year • NAACP President's Award • NAACP Larry R. Elizondo, Sr. Award • Fay H. Moody High School, Larry R. Elizondo, Sr. Gymnasium • Elizondo Drive in the Rancho Vista Subdivision, District 5 • Solomon M. Coles Spirit of Emancipation Award • Charlie's Place, Larry R. Elizondo, Sr. Recovery Room • Habitat for Humanity Humanitarian of the Year • Westside Business Association Lifetime Achievement Award • Caller -Times Best of the Best Reader's Choice Awards 2014 Community Advocate of the Year Married to Annabelle Gutierrez Elizondo, with two children Larry Jr. and Jessica. Daughter- in-law Robin Elizondo and has two grandchildren, Ana Christina Elizondo and Larry Elizondo, III. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 07, 2015 COMMISSION OR COMMITTEE FOR THE Status: appointed City Of Corpus Christi Profile Toby Prefix First Name Middle Initial TOBYFUTRELL@GMAIL. COM Email Address Hammett Futrell Last Name Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION 14009 JACKFISH AVE. Street Address CORPUS CHRISTI City District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 361-949-3201 Primary Phone 512-925-2720 Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City TX WorkAddress - State Suite orApt TX State 78418 WorkAddress - Zip Code Work Phone Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes. Corpus Christi Convention and Visitors Bureau as an At Large CityAppointee. I will resign from the CVB if I am appointed to serve on the Corpus Christi Regional Economic Development Corporation. Education, Professional and/or Community Activity (Present) MBA @ Texas State University; 32 years of government and municipal management experience- retired as City Manager of Austin, Texas; managed the 15th largest city in the nation with 12,000 employees and a $2.5 billion budge; taught MPA Program at UT LBJ School of Public Affairs for 7 years; currently teaching an MPA program at TAMUCC; Consulting on management, budget and economic development with a number of private and public entitites Registered Voter? QQYes No Current resident of the city? QQYes No 7 If yes, how many years? Toby Futrell Resume.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Hotel Industry ❑ Attraction Industry ❑ Restaurant Industry 2009 to 2012 2001 to 2008 Toby Hammett Futrell tobyfutrelbagmail.com (512) 925-2720 (mobile phone) (361) 949-3201 (home phone) Work Experience Professor & Consultant Texas A&M Corpus Christi University Teaching undergraduate political science and graduate public administration courses :- Teaching coursework through the Texas Certified Public Managers Program Contributing author for textbook, Strategic Public Management, published February 2010 Management Consultant i% Providing management, economic development, budget & financial services for public entities and municipalities > Performing management and performance audit for Texas State University City Manager Austin, Texas Chief Executive Officer of the fourteenth largest city in the nation, with a population of over 750,000 Managed a municipal workforce of over 12,000 employees with an annual operating budget of $2.5 billion and an annual capital budget of $500 million .- Administered a full-service city including all general government services, as well as enterprise services such as a water:wastewater utility, electric utility, airport, public hospital and primary health care clinics, convention center and solid waste services Accomplishments Operated a city consistently ranked as one of the top three U.S. cities in which to live, work or play; start a business, grow a business or retire .- Recognized as the fourth safest major city in the nation • Recognized for providing superior drinking water treatment, providing the top three cleanest potable water in the U.S. Recognized for spearheading and completing a $300 million overhaul to the region's wastewater collection system to eliminate Sanitary Sewer Overflows (SSOs) from over 2300 miles of wastewater pipes, listed in Forbes as one of the top ten North American Infrastructure projects of the last 75 years by the International Right of Way Association Ranked as the strongest economic region in the country based on low unemployment rates and the high job growth %- Steered Austin through the economic downturn, managing a 25% reduction in the General Fund budget while keeping the tax rate down, increasing financial reserves and achieving the second highest possible General Obligation bond ratings Led the City's homeland defense response post -September 11th achieving recognition as one of the 12 best -prepared cities in the country :• Managed the care and transition of 56,000 evacuees from Hurricanes Katrina and Rita Negotiated a six -block redevelopment agreement that created Austin's new City Hall and thriving Second Street Retail District Opened a state-of-the-art Combined Emergency and Transportation Center ✓ Launched the mixed-use redevelopment of over 700 acres at the old Mueller Airport to include a new Central Texas Children's Hospital and the start of a new regional medical school in conjunction with the University of Texas Negotiated a $5 billion expansion of Samsung for a 300MM fab, the largest foreign capital reinvestment in technology in the U.S. Opened a number of key recreational and cultural facilities, including the City's first skateboard park, the Long Center for the Performing Arts, the Carver African American History Museum and the Mexican American Cultural Center • Implemented a number of key system improvements including: 3-1-1 Call Center creating 24;7 access to city services i new citywide financial system :- automated land development permitting and review system state-of-the-art, public safety computer-aided dispatch and automated vehicle location system ▪ mobile data computers in all of our public safety vehicles # Streamlined the land development process and consolidated 12 departmental functions into a One Stop Shop for land use and development issues i► Received the coveted national Gold Medal Parks Award for the Best Large City Parks System in 2006 i- Achieved Parks Department accreditation in 2007, the only major City in Texas to achieve accreditation r Selected to train U.S. Army Officers being deployed to Iraq on the nuts and bolts of city administration and management of city infrastructure, and provide reach back resources and technology to problem solve issues on the ground in Iraq since 2004 • Created an award-winning wellness program, the PE Program, that has significantly reduced health claims coverage and sick leave use among participants saving $750,000 annually Developed the Austin City Employee (ACE) Award and Recognition Program 2003 - 2008 Professor, University of Texas LBJ School of Public Affairs 2000 - 2001 • Taught graduate level courses on Urban Policy and Local Government for six years Provided corresponding management intern program in municipal management Accomplishments Received the 2008 Most Valuable Graduate Course & Instructor student award at the UT LIN School of Public Policy Deputy City Manager Austin, Texas Responsible for functional oversight of all City operations and for cross -functional problem solving, including direct oversight of the following departments: • Austin Police Department Austin Fire Department 2 1996 2000 1993-1996 • Emergency Medical Services Office of Emergency Management Municipal Court Downtown Community Court Accomplishments Increased public safety staffing levels ' Negotiated public safety labor contracts i- Installed video cameras on all patrol vehicles and outfitted all patrol officers with less -than -lethal weapons, such as tasers and bean bag shotguns i Developed and implemented a citizen oversight process for police, including the creation of a Police Monitor's Office Created the Downtown Community Court to provide alternative sentencing options for quality of life and substance abuse violations Assistant City Manager Austin, Texas Direct oversight of the following departments: ✓ Public Works and Transportation • Water and Wastewater Utility > Development Review and Inspection Drainage Utility Department Planning, Environmental and Conservation Services Economic Development Accomplishments ▪ Developed and implemented the City's Smart Growth Initiative, including the creation of the City's Desired Development Zone and the Drinking Water Protection Zone • Led the largest populated annexation in the City's history, impacting 8 Municipal Utility Districts and 5 Emergency Services Districts Created the City's first Drainage Master Plan Negotiated to bring primary employers into the City's Desired Development Zone, such as Tivoli, Computer Sciences Corporation, Dell Manufacturing, and Motorola Began the City's Neighborhood Planning Process i Purchased our City's first 20,000 acres of water quality protection land > Negotiated a 100 -year supply of municipal drinking water Assistant to the City Manager, City Manager's Office Austin, Texas Served as the City Manager's Chief of Staff with management responsibility for: • Electric Utility ▪ Brackenridge Hospital • Human Resources Department 3 1991 - 1993 1989-1991 Parks and Recreation Department ▪ Neighborhood Housing Law and Intergovernmental Relations Public Information Accomplishments Automated the City Council agenda process Y Created an automated workflow system for handling citizen follow up in the Constituent Services Division i Developed the City Manager's Afffordability_Strategy that increased supervisory spans of control and provided for citywide activity-Ievel efficiency and effectiveness audits Managed a citywide compensation review Executive Assistant to the Deputy City Manager, City Manager's Office Austin, Texas Provided the full range of professional and administrative assistance to the Deputy City Manager in the daily management of the Health and Human Services Department, Brackenridge Hospital, Electric Utility Department, Water /Wastewater Department, Austin Police Department, Convention Center, Visitors Bureau, Human Resources Department, Information Systems Department, Law, and Finance Department. Accomplishments i Provided key research for and authorship of planning documents, Strategic Choices and Strategic Partnerships ▪ Audited joint Humane Society and City of Austin Animal Shelter operation resulting in major organizational and structural change, including a change in euthanasia methods Senior Auditor, City Auditor's Office Austin, Texas Responsible for planning, conducting, and supervising citywide and departmental audits, to include performance, compliance, and financial audits Accomplishments ▪ Designed and implemented citywide cash -handling policy and safety training ▪ Conducted citywide training on performance measurement systems and internal control procedures Developed fraud investigation protocols and policies 1976 - 1989 Health and Human Services Department Austin, Texas Held a variety of progressively responsible positions on both City and State payrolls within the Health and Human Services Department. Positions included: • Manager of Administrative Services, Environmental Health Services Division ▪ Senior Budget Analyst, Budget and Research Unit 4 Quality Assurance Analyst, Quality Assurance Unit Acting Manager of Accounting Services, Financial Management Unit • Administrative Technician, State Tuberculosis Control Program Professional Acknowledgment and Awards • 2009 Central Texas YMCA Woman of the Year Nominee 2008 Student Choice for Most Valuable Graduate Course & Instructor at LBJ School of Public Policy `. 2008 L" S Army Public Service Medal ▪ 2008 Austin Independent School District Hall of Fame • 2008 Secretary of Defense Employer Support Freedom Award 2007 Local Government Administrator of the Year from the Texas City Manager's Association • 2007 Hospitality Industry Achievement Award from the Austin Hotel and Lodging Association i 2007 Austin Partners in Education Chairman's Award from the Greater Austin Chamber of Commerce • 2007 Workforce Champion Employees' Choice Award selected by City of Austin Employees r 2007 Commander's Certificate from both the 1st Calvary and 4t6i Infantry Divisions for Military Support (received each year since 2004) 2006 YWCA Woman of the Year for challenging racism and empowering women • 2006 Government Partner of the Year from Greater Austin Hispanic Chamber of Commerce for support to Hispanic businesses 2006 Guardian Award by the Central Texas Humane Society ▪ 2006 Chairman's Award from the Austin Area Urban League for support to the African American Community • 2005 Distinguished Service Award from the Chinese Society of Austin r 2005 BIG Austin (Business, Investment, and Growth) Board of Directors' Award for support to small and minority businesses • 2005 Chairman's Award for promoting education as the foundation to economic progress from the Greater Austin Chamber of Commerce 2005 Austin Travis County Emergency Medical Service Provider Award for support of the emergency medical services in the Austin area Professional and Community Affiliations > Saint Edwards I ?niversity, New College Board of Directors Fellows Program, University of Texas School of Law, Center for Public Policy Dispute Resolution • Intemational City:County Management Association • Texas City County Management Association D Urban Land Institute i- American Planning Association 5 May 1991 Academic Distinction May 1988 3.9 GPA Education Southwest Texas State University San Marcos, Texas Master of Business Administration St. Edward's University Austin, Texas Bachelor of Liberal Studies, with a Business Management Curriculum Earned 100 percent of graduate and undergraduate school expenses Professional Training: 320 Continuing Professional Education hours from the USDA Graduate School in Governmental Auditing 60 hours in Certified Fraud Examination 140 hours in Certified Mediation and Negotiation Training at the University of Texas Law School Summary of Qualifications Thirty-one years of public service in local government, promoting through the ranks from an entry level position to City Manager of the 14th largest city in the nation Fifteen years of progressively responsible executive experience in providing the basic services of a municipality, including public safety, public works, parks, libraries, economic development, land use and development, intergovernmental relations, and environmental protection Thirteen years of experience in the public health and social service arena Twelve years of utility, development, land use & urban planning experience, including capital investment project management Eight years of expertise in labor negotiations and collective bargaining i► Six years of graduate -level teaching experience at the LBJ School of Public Affairs at the University of Texas at Austin Strategic planning expertise in a large, complex organization Experienced in performance, compliance, and financial auditing, as well as fraud, waste and abuse investigations Proficient in finance, budgeting, program evaluation, and statistical analysis ➢ Adept at the development and implementation of internal control and performance measurement systems Certified in mediation and negotiation techniques Effective communicator, both written and oral, with extensive national public speaking experience such as Governing Magazine's annual conferences, the International City.'County Management Association conferences & Government Innovations Expos 6 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 06, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile John Garcia Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY TRANSPORTATION ADVISORY COMMISSION Street Address Suite orApt City State Postal Code District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone COMFORT SUITES DIRECTOR OF SALES Employer Job Title 1814 ENNIS JOSLIN ROAD WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78412 WorkAddress - Zip Code 361-991-7100 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Registered Voter? QQYes No Current resident of the city? QQYes No 38 If yes, how many years? GARCIA.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. (Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® (Agree swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Hotel Industry ❑ Attraction Industry ❑ Restaurant Industry Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) QQ Yes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Q Yes No JAN -06-2015 06:44 From: To :8263113 John Garcia John Garcia has been active in the hospitality industry for 19 years. 13o Christi, Garcia's first opportunity arose when he started at the Rama Conference Center in 1997. This experience adds supplemental fatnilia sales, hospitality, and strong community involvement. During his first 6 y he became a member of numerous organizations: Corpus Christi Ch (Ambassador), Corpus Christi Hispanic Chamber (Embajador). Hospi Association (Vice President, 2004) (HSMA Member of the Year 2004 Festival (Committee member) Dress for Success Volunteer; Transportatio Board member; NAACP Banquet Committee member. Corpus Christ Association member, Crirl Scouts of South Texas, Westside Business As the Corpus Christi Transportation Advisory Board. John also accomplished a graduate, certification course from the Carnegie. Garcia's experience as Sales Manager gave him an opportunity industry. In June 2003. he became Director of Sales & Marketing at the R Hotel on McBride Lane and Interstate 37. In April 2005 an opportunity Christi Convention Visitor Bureau as Destination Sales Manager for the s for the city. Is currently Director of Sales for a couple hotels in the great • John holds a great appreciation for the power of community, and his cont support is evident in his work performance Page:2'6 and raised in Corpus a Inn Bayfront & ity with conventions ars at the Ramada Inn. ber of Commerce lity Sales Marketing . and Harbor Lights Advisory Committee Greater Hospitality ociation member and estigious Dale o advance in the hotel ada Limited Airport arose at the Corpus oris & Mexico market r Corpus Christi area. need involvement and BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 07, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Eldon Prefix First Name Email Address Daniel McQueen Middle Last Name Initial Which Boards would you like to apply for? AIRPORT BOARD, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Street Address Suite orApt City State Postal Code District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone SIKORSKYAIRCRAFT COMPANY-CCAD AEROSPACE ENGINEER Employer Job Title HANGAR 44 - CCAD WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78419 WorkAddress - Zip Code 361-961-1403 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BOSTON UNIVERSITY MASTER OF SCIENCE, COMPUTER SCIENCE AND INFORMATION TECHNOLOGY MANAGEMENT. AEROSPACE ENGINEER, FLIGHT CREW, MILITARY VETERAN. MARTIALARTS INSTRUCTOR AND YOUTH DEVELOPMENT FOR YMCA; AMERICAN NATIONAL, NORTHSIDE MANOR, GARZA-GONZALEZ, PARK AND RECREATION, B&G AEROSPACE & TECHNOLOGY MENTOR, DEL MAR, A&M GRADUATE STUDENTS Registered Voter? QQYes No Current resident of the city? QQYes No 6 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Prefer not to Answer Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El IAgree Board -specific questions (if applicable) BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 09, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Armando Mendez Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY LANDMARK COMMISSION, OILAND GAS ADVISORY COMMITTEE, PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone GATES CORPORATION OIL & GAS RESOURCE PLANNER Employer Job Title 134 44TH ST WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78405 WorkAddress - Zip Code 361-885-3500 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BACHELORS BUSINESS ADMINISTRATION AND ECONOMICS/TAMUCC CLASS OF 2008 FORMER LANDMARK COMMISSION BOARD MEMBER/CITY OF CORPUS CHRISTI 2012-2013 TEXAS CHI SIGMA PHI EPSILON ALUMNIASSOCIATION MEMBER TEXAS A&M UNIVERSITY -CORPUS CHRISTI ALUMNI MEMBER Registered Voter? QQYes No Current resident of the city? QQYes No 25 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. (Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® (Agree swear that all of the statements included in my application are true and correct. Z (Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) QQYes No Question applies to LANDMARK COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Historian ❑ Licensed Real Estate Salesperson ❑ Registered Architect ❑ Structural or Civil Engineer ❑ Title Search and/or Property Surveyor Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Oil and Gas Well Industry Nominee Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Q Yes Q No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 05, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Morgan Email Address Spear Middle Last Name Initial Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION, PORT OF CORPUS CHRISTIAUTHORITYOF NUECES COUNTY TX Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1110111111111111.11 Primary Phone Alternate Phone MORGAN SPEAR ASSOCIATES PRESIDENT Employer Job Title 225 S. CARANCAHUA WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78401 WorkAddress - Zip Code 361-883-5588 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) FORMERLY SERVED ON THE BOARD OF ADJUSTMENT BACHELOR OF ARCHITECTURE DEGREE FROM UNIVERSITY OF TEXAS IN AUSTIN 1957 LICENSED TO PRACTICE ARCHITECTURE IN THE STATE OF TEXAS JANUARY 1962 MEMBER OF NATIONAL COUNCIL OF ARCHITECTURE REGISTERED BOARDS 1984 MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS MEMBER OF TEXAS SOCIETY OF ARCHITECTS BOARD MEMBER OF HOUSE COMMITTEE AT CORPUS CHRISTI COUNTRY CLUB BOARD MEMBER OF CENTENNIAL HERITAGE HOUSE BOARD MEMBER OF HARBOR PLAY HOUSE LITTLE THEATER CHAIRMAN OF THE BOARD OF PALMER DRUG ABUSE PROGRAM (PDAP) Registered Voter? Q Yes No Current resident of the city? QYes No 56 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Q Yes Q No Question applies to PORT OF CORPUS CHRISTIAUTHORITY OF NUECES COUNTY TX. Are you a resident of the Port Authority district and an elector* of Nueces County? QQ Yes Q No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTIAUTHORITY OF NUECES COUNTY TX. Have you been a resident of Nueces County for at least 6 months? QQ Yes Q No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 22, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Diana Summers Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1110111111111111.11 Primary Phone Alternate Phone HOGAN HOMES ASSISTANT TO THE PRESIDENT Employer Job Title 400 MANN ST WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City WorkAddress - State 78401 WorkAddress - Zip Code 512-994-8786 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICE WATERHOUSE COOPERS, LLC, DALLAS: AUDITASSOCIATE 2010-2011; DELOITTE AND TOUCHE, LLC, AUSTIN: AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES, ASSISTANT TO THE PRESIDENT 2013 -PRESENT MEMBER OF CORPUS CHRISTI ROTARY CLUB Registered Voter? QQ Yes No Current resident of the city? QQYes No 2 If yes, how many years? BROWN.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. Z !Agree swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QYes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Diana Rrnwn Acknowledged for strong analytical and problem salving skills, as well as development of team and client relationships. Recognized for achieving an understanding of numerous different business operations and processes, identifying and quickly elevating potential engagement issues, task prioritizing, and multi -tasking abilities. Enjoys challenging engagements and new opportunities to further develop professional skills. Thrives in a team environment yet also works well independently. Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers, LLC, Dallas Associate, 2010 - 2011 Audited a diverse portfolio of clients including manufacturing, health care, financial, chemical, and holding companies. Part of review team for the issuance of an initial client stock offering Performed 404 SOX Controls testing. Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche, LLC, Austin Senior Associate, 2011— 2013 Managed and executed the audits of two companies in the manufacturing and construction fields. Participated on two company segment carve out audits. Performed 404 SOX controls design and operating effectiveness testing. Member of new client acquisition team EDUCATION University of South Carolina Bachelor of Science in Business Administration, 2009 Double Majored: Finance and Accounting Directed Studies: French College of Charleston Masters of $ccounting 2010 Study Abroad: University of South Carolina, Maymester Session, Kenya, Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya. Examined the local operations of The Coca Cola Company, Dockers, a subsidiary of Levi Strauss and Co., Kazuri Beads, Ltd. and KickStart, a non-profit dedicated to developing technologies for small-scale enterprises. Studied the importance of eco -tourism to the national economy. National Outdoor Leadership School, Broome, Australia Studied leadership skills and development, while facing extreme conditions of the Australian Outback. Also focused on technical outdoor skills and environmental ethics. OTHER/LEADERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award (2008) Recipient of the Student Government Executive Officer Meritorious Award (2009) Student Senator representing Darla Moore School of Business (2007 - 2009) Chairman fir Senate Finance committee (2009) Sorority Coo i n c i l President (2008 - 2009) Omicron 1 '1.1 Kappa Honors Society President (2009) Mortar Board Honors Society Treasurer (2008) City Of Corpus Christi RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE BOARD DETAILS OVERVIEW SIZE 7 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years 1 CONTACT 0 (361) 826-3455 ericka@cctexas.com Ericka Maldonado, RSVP Program Director The Retired and Senior Volunteer Program Advisory Committee advises the CityCouncil, City Manager, and Parks Department Staff regarding the Retired and Senior Volunteer Program (RSVP), including but not lim ited to: volunteer recruitment strategies; support in recruitment of volunteers and volunteer stations; serving as communityadvocates and liaisons; assisting in development of non-federal resources to include fundraising; advising on programming for impact; advising on how to measure trends and impact of trends in the community; assisting with development and implementation of program evaluations and surveys; conducting an annual assessment of the program by surveying program volunteers; bi-annuallyassessing project accomplishments and impact; and attending special events and activities related to RSVP. �q DETAILS COMPOSITION The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have know ledge of the capabilities of older adults. The committee shall be composed of the follow ing: 1 - RSVP Volunteer (active volunteer/ one (1) hour per month at a registered RSVP Volunteer Station), 1 - RSVP Volunteer Workstation representative (executive, director or similar leadership position at a non-profit agency that operates a RSVP Volunteer Station), and 5 - At -Large. All terms shall be two (2) years. CREATION / AUTHORITY Ordinance No. 027916. MEETS First Thursday of every month at 3:00 p.m., Staff Conference Room, City Hall, 1st FI. TERM DETAILS Two-year staggered terms. DEPARTMENT Parks and Recreation Department Name Dale Berry Sylvia Portales Judy Loverde Abel Sanchez Vacant Anne Bauman Board name RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE Status Seeking Reappointment Seeking Reappointment Resigned Seeking Reappointment Active District District 5 District 5 District 2 District 4 End date 1 6/16/15 1 6/16/15 1 6/16/15 1 6/16/15 District 5 2 6/16/16 Cate:o At -Large At -Large At -Large At -Large RSVP Volunteer Workstation Rep. RSVP Volunteer Position Attendance Vice -Chair 100% 2/2 Member 100% 2/2 Member Member 100% 2/2 Chair List of Retired and Senior Volunteer Program Advisory Committee Members August 25, 2015 Five (5) vacancies with terms to 6-16-17 representing the following categories: 4 - At -Large and 1 - Retired and Senior Volunteer Workstation Representative. (Staff is recommending the postponement of the Retired and Senior Volunteer Workstation Representative category for further recruitement. They are also recommending the realignment of Anne Bauman to the At -Large category.) (The Retired and Senior Volunteer Program Advisory Committee is recommending the reappointments of Dale Berry (At -Large), Sylvia Portales (At -Large) and Abel Sanchez (At -Large) and the new appointment of Rita Sonia Herrera-Padron (RSVP Volunteer). Renee Hundley RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE Active District 5 1 6/16/16 At -Large Member List of Retired and Senior Volunteer Program Advisory Committee Applicants August 25, 2015 (Note: The City Secretary's Office and the RSVP Staff have made efforts to recruit bios for this Board since November 2014. Only one person has expressed interest. If Council wishes, this appointment can be postponed for further recruitment efforts.) Name District Emp oyer ategory Rita Sonia Herrera-Padron District 1 Retired RSVP Volunteer Tadron, !Fjta Sonia Community Service School: Future Homemakers of America Bi -Phi -Chem Science Club Tuloso-Midway Music Club (in high school band since the 6th grade) Southwest Texas State College Marching Band Southwest Texas State College Symphonic Orchestra John Cardinal Newman Club ((SWT) Freshman Class Rep Student Nurses Association (Del Mar Tech) Church: Member Corpus Christi Cathedral Parish Legion of Mary Guadalupanas Community: American GI Forum Port -Ayers Ladies Auxiliary Education Chair Elected Secretary of State 1972-73 Dr. Antonio P. Garcia Scholarship Chair National Education Foundation Member Job Corps Coordinator Corpus Christi -1973 Tuloso-Midway Elementary PTA member Tuloso-Midway High School PTA Charter President x2 years TM Athletic Booster Club 1987-89 Fund Raising Chair 1990-92 President P.A.D.R.E.S. Hispanic Family of the year Honoree Cub Scouts Den Mother Coached Basketball 1988-2000 in the City League from Y -Ball to Varsity boys basketball. Took two teams to TAAF State Tournament. Professional: Board of Nephrology Examiners Nurses & Technicians Director 1996-2000 Policy & Procedure Chair x2 terms Proctor for Certification Exams National Association of Nephrology Technologist Member Torch -Bearer of the Year award for Education National Kidney Foundation Member Dr. Carlos 0. Canales award for Education End Stage Renal Disease Task Force (HB 1096) Appt to Texas Dept of Health ESRD Task Force to write the Rules, Standards and Guidelines for House Bill 1096 Present: 2014 RSVP Volunteer of the year VA clinics of Corpus Christi; My Health Vet Coordinator Sept. 2013 of Present Certified Tourism Ambassador for Corpus Christi -2011 RSVP member Airport Ambassador 2004 -Present Star Volunteer Award Honoree Park and Recreation Advisory Committee Member 2009 -Present Texas Recreation & Park Society -Member National Park & Recreation Assoc.- Member Thank you, pita Sonia fPadron BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 01, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Rita Prefix First Name Email Address Sonia Herrera-Padron Middle Last Name Initial Which Boards would you like to apply for? RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE Street Address Suite orApt City State Postal Code District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Retired LVN/CHT Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress - Zip Code Work Phone Rita.Padron@va.gov Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: 2009-2014 Park and Rec Advisory Committee Education, Professional and/or Community Activity (Present) 1968-1969 Del Mar Technical Vocational School; Robert Driscoll Children's' Hospital Corpus Christi, Texas 0 Certificate Vocational Nurse; Licensure by examination as a Licensed Vocational Nurse. License retired on Jan. 2005 0 Certificate 42hour Pharmacology course 0 Certificate six month Post graduate course Pediatric Vocational Nurse 1980 Board of Nephrology Examiners Nursing and Technology Certificate by examination as Certified Hemodialysis Practioner CEU's earned through Professional Seminars OSHA professional seminars yearly. Registered Voter? QQ Yes No Current resident of the city? QQYes No 68 years If yes, how many years? ProfessionalResumeRSPforfulltimework.doc Upload a Resume Rrita_s_Community_Service.doc Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. (Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® (Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to RETIRED AND SENIOR VOLUNTEER PROGRAMADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Mm Rita Sonia Padron Objective Experience ✓ To explore new areas that will benefit from my extensive nursing experience, (but not a nursing position). ✓ To apply my skills in medical technology and computer literacy in positions that might require medical technical abilities. 2013 -Present Veterans Affairs Volunteer -Volunteer position includes being to Lead Volunteer bringing in new volunteers, scheduling and also, My Health Vet Volunteer Coordinator helping Veterans register and manage their healthcare through a web -based Medical program. 2005 -Present -Corpus Christi International Airport (RSVP) volunteer position at information desk helping travailing public to destination without difficulty. Knowledge of area and able to direct to points of interest. 2005-2006 Smart Document Solutions- Copy Rep part-time scans or copy medical records for 4 clinics. These records are requests from other physicians, subpoenas, disability determination, or insurance companies, or anyone that legally requests information on a patient. I am HIPAA certified in both the Privacy and Security law. 2003 Maxim Healthcare- Flu vaccine administration clinics 2001-2003 Renal Care Group Inc. dba Dialysis Management Corp. Acute Dialysis Nurse • Perform dialysis treatments for acutely ill patients in the special units at bedside • Setup and perform Water Treatment and safety checks • Asses evaluate and monitor patients for the ordered length of treatment. • Relief Charge Nurse in the chronic units [Outpatient Clinics] July 2002- Sept. 2002 Federal Project [Homeland Security] Maxim Staffing DOT physicals on candidates for airport security. Screening process included tests on hearing, color -blindness, vision, as well as drug screen. 2000-2001 RenCare Ltd. San Antonio, Texas Regional Operations Manager • Stayed in compliance of all State and Federal Regulatory Agencies • Managed three outpatient dialysis clinics for staffing, patient care, inventory control. • Implemented training course for new recruits — wrote Policy and Procedures. Implemented indigent programs • Responsible for QA and CQI programs 1994-2000 Renal Care Group, Inc. dba Dialysis Management Corp. Safety Officer and In-service Coordinator • Implemented company wide safety program to nine (9) clinics • Implemented Policy and Procedures as needed • Preceptor to new trainees, both on the floor learning their skills as well as giving the Didactic to Renal Diseases and treatment. • Responsible for QA and CQI programs and outcomes • Helped implement and train all staff on AMI [computerized] medical charting system • Implemented and enforced State and Federal Standards as well as OSHA regulations • Responsible for credentialing medical staff (ie: doctors, nurses, foreign nurses. 1997.1999 Del Mar College East Campus [Part-time Employment] Adjunct Instructor- Hemodialysis Nursing Program and Medical Terminology Course • Taught and precepted Hemodialysis Nursing Program at Del Mar College to meet the State and Federal Guidelines (in the Continuing Education Program). • Taught Medical Terminology to students entering the Medical Field • Taught American Heart CPR to Nursing Assistant students Education 1968-1969 Del Mar Technical Vocational School; Robert Driscoll Children's' Hospital Corpus Christi, Texas • Certificate Vocational Nurse; Licensure by examination as a Licensed Vocational Nurse. License retired on Jan. 2005 • Certificate 42hour Pharmacology course • Certificate six month Post graduate course Pediatric Vocational Nurse 1980 Board of Nephrology Examiners Nursing and Technology Certificate by examination as Certified Hemodialysis Practioner CEU's earned through Professional Seminars OSHA professional seminars yearly. Interests Member Board of Directors Board of Nephrology Examiners -second term. Term expired. October 2002. Member Park and Recreation Advisory Committee (PRAC) for the City of Corpus Christi. 2009-2015. Coaching basketball for the City of Corpus Christi Parks and Recreation Drug -Free leagues. Fishing, Church activities, collecting unusual Tea Other Employment Other interests: Professional: sets. Most of all playing with my grandchildren. • Past member of the TDH End Stage Renal Disease Task Force- LVN representative alternate. 1969 Ben Taub General Hospital, Houston, Texas General Nursing [Med-Surg] duties. Worked Part time in the Research Lab And also part time doing Peritoneal Dialysis Treatments and in the jail complex. 1971-75 Memorial Medical Center Med-Surg Floor Charge Nurse and Medication Nurse on 5East and 7East. 1977-1992 National Medical Care (Fresenius Medical Care, now) Hemodialysis Nurse Technician performed Patient treatments, Performed Charge Nurse Duties, reuse of dialyzers, worked with Inventory control. Performed both Chronic and Acute Dialysis treatments. 1992-94 Vivra Renal Dialysis Company Performed Chronic and Acute Hemodialysis treatments Charge Nurse, Preceptor, and Inservice Coordinator. Presently — Corpus Christi International Airport Ambassador- duties include information desk Inquires for Passenger/tourists. Health and Nutrition Advisory Committee- Tuloso Midway ISD. Past President Tuloso Midway High School Athletic Booster Club for two years Charter President Tuloso Midway Secondary PTA State Secretary American GI Forum — 1972-73 Board of Nephrology Examiners Nurses & Technicians Director 1996-2000 Policy & Procedure Chair x2 terms Proctor for Certification Exams National Association of Nephrology Technologist Member Torch -Bearer of the Year award for Education National Kidney Foundation Member Dr. Carlos O. Canales award for Education End Stage Renal Disease Task Force (HB 1096) Appt to Texas Dept of Health ESRD Task Force to write the Rules, Standards and Guidelines for House Bill 1096 Present: November 2011- Certified Tourism Ambassador Corpus Christi Tourist Bureau RSVP member Airport Ambassador 2004 -Present Star Volunteer Award Honoree Park and Recreation Advisory Committee Member 2009 -Present Texas Recreation & Park Society 2014 -RSVP Volunteer of the year recipient References Dr. Carl E. Dukes 2011 E. Houston St. Ste. 102D San Antonio, Texas 78202 Susan M. Raulie RN, BSN, Regional Vice President Fresenius of North America 6100 Bandera Road Suite 600 San Antonio, Texas 78238 Eva Garza RN, BSN, CNN Educator for Renal Care Group, Corpus Christi 4309 Moravian Corpus Christi, Texas 78413 Mr. Fred Segundo Corpus Christi International Airport Director Corpus Christi, Texas City Of Corpus Christi SENIOR COMPANION PROGRAM ADVISORY COMMITTEE BOARD DETAILS SIZE 7 Seats TTERM LENGTH 2 Years OVERVIEW TERM LIMIT 6 Years CONTACT 1 Debbie Crites 0 (361) 826-3154 debbiecr@cctexas.com The Senior Companion Program AdvisoryCommittee advises the City Council, City Manager, and Parks Department Staff regarding the Senior Companion Program (SCP) including, but not limited to: recruitment strategies; providing support in recruitment of volunteers and volunteer stations; serving as community advocates and liaisons; assisting in development of non-federal resources to include fundraising; advising on programming for impact; advising on how to measure trends and impact of trends in the community assisting with development and implementation of program evaluations and surveys; conducting an annual assessment of the program bysurveying program volunteers; bi-annuallyassessing project accomplishments and impact; and attending special events and activities related to the SCP. �q DETAILS COMPOSITION The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have know ledge of the capabilities of older adults. The committee shall be composed of the follow ing: 1 - SCP Volunteer (active volunteer for one-year/serve minimum fifteen (15) hours per w eek), 1 - SCP Volunteer Workstation representative (executive, director or similar leadership position at a current SCP Volunteer Station), and 5 - At -Large. All terms shall be two (2) years. CREATION / AUTHORITY Ordinance No. 027915, 10/28/08. MEETS Last Thursday of every month at 4:00 p.m., Lindale Senior Center. TERM DETAILS Two-year staggered terms. DEPARTMENT Parks and Recreation Department Name Board name Sherry DuBois SENIOR COMPANION Tami Longino SENIOR COMPANION Veronica Marsello SENIOR COMPANION Shirley Selz SENIOR COMPANION PROGRAM ADVISORY COMMITTEE PROGRAM ADVISORY COMMITTEE PROGRAM ADVISORY COMMITTEE PROGRAM ADVISORY COMMITTEE Status District Term Seeking reappointment District 5 Partial Seeking reappointment District 4 1 Seeking reappointment District 2 Partial Seeking reappointment District 5 2 End date 6/16/15 6/16/15 6/16/15 6/16/15 Cate: o At -Large At -Large At -Large At -Large Position Attendance Co -Chair 57% 4/7 (3 exc) Chair 86% 6/7 (1 exc) Member 100% 2/2 Member 86% 6/7 (1 exc) List of Senior Companion Program Advisory Committee Members August 25, 2015 Four (4) vacancies with terms to 6-16-17 representing the following categories: 4 - At -Large. (The Senior Companion Program Advisory Committee is recommending the reappointments of Sherry DuBois (At -Large), Tami Longino (At -Large), Veronica Marsello (At -Large) and Shirley Selz (At -Large). Maria Isabel Odeh SENIOR COMPANION Veronica Suniga SENIOR COMPANION Shirley Tipton SENIOR COMPANION PROGRAM ADVISORY COMMITTEE PROGRAM ADVISORY COMMITTEE PROGRAM ADVISORY COMMITTEE Active Active Active District 2 3 6/16/16 SCP Volunteer Workstation Rep. Member District 3 Partial 6/16/16 At -Large Member District 1 3 6/16/16 SCP Volunteer Member List of Senior Companion Program Advisory Committee Applicants August 25, 2015 (Note: The City Secretary's Office and the SCP Staff have made efforts to recruit bios for this Board since November 2014. At this time, there are no applications on file, however, the Committee is recommending the reappointment of the current members. If Council wishes, these appointments can be postponed for further recruitment efforts.) AGENDA MEMORANDUM For the City Council Meeting of August 25, 2015 DATE: August 25, 2015 TO: Ronald L. Olson, City Manager FROM: Rebecca Huerta, City Secretary (361) 826-3105 rebeccah@cctexas.com Charter Amendment Election CAPTION: Discussion regarding a Charter Amendment Election that includes a charter amendment proposition authorizing the city council to submit an ordinance, resolution, or measure to the popular vote for adoption or repeal and other possible amendments. PURPOSE: The purpose of this item to allow the City Council to provide direction to staff regarding: 1) Is a Charter Amendment election to be held; 2) If so, should the proposed Charter Amendment be reviewed by a Charter Review Committee; and 3) The date of such Charter Amendment Election. BACKGROUND AND FINDINGS: On Tuesday, August 18, 2015, the City Council discussed possibly amending the City's Charter to allow for authorization for the City Council to submit an ordinance, resolution, or measure to voters for adoption or repeal, by means of an election. ALTERNATIVES: May 2016 Election May 7, 2016 February 26, 2016 February 23, 2016 February 16, 2016 To be Presented * Election Day Statutory last day for City Council to Order Special Election Second Reading of Ordinance Ordering Special Election First Reading of Ordinance Ordering Special Election Estimated Cost of Election * The Office of the City Secretary continues to gather information detailing the estimated costs of a May 2016 election. Available information will be supplied prior to or during the August 25th city council meeting. November 2016 Election November 8, 2016 Election Day August 22, 2016 Statutory last day for City Council to Order Special Election August 16, 2016 Second Reading of Ordinance Ordering Special Election August 9, 2016 First Reading of Ordinance Ordering Special Election $150,000 Estimated Cost of Election OTHER CONSIDERATIONS: Potential Charter amendments from City Departments may be combined with the Charter Amendment proposition proposed herein. CONFORMITY TO CITY POLICY: NA EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: NA FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): General Fund Comments: RECOMMENDATION: Provide direction to the City Secretary regarding: is a Charter Amendment Election necessary; if so, when; and should a Charter Review Commission be utilized. LIST OF SUPPORTING DOCUMENTS: Sample Ordinance Ordinance ordering a Special Election to be held on , in the City of Corpus Christi to provide for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this Ordinance; and declaring an emergency WHEREAS, the City Council desires to place before the electorate of the City of Corpus Christi proposed amendments to the Charter of the City of Corpus Christi; and WHEREAS, Texas Local Government Code Section 9.004 (a) provides that the governing body of a municipality on its own motion may submit a proposed charter amendment to the municipality's qualified voters for their approval at an election; WHEREAS, Texas Local Government Code Section 9.004 (b) provides that the ordinance ordering the election shall provide for the election to be held on the first authorized uniform election date prescribed by the Election Code or on the earlier of the date of the next municipal general election or presidential general election and the election date must allow sufficient time to comply with other requirements of law and must occur on or after the 30th day after the date the ordinance is adopted; WHEREAS, Nueces County will also be conducting a general election on , 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A Special City Election (hereinafter the "Election") shall be held in the City of Corpus Christi, Texas on for the purpose of submitting to the voters of the City ballot proposition(s) to consider amendment(s) to the Charter of the City of Corpus Christi. SECTION 2. At the Election, all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. Precinct ballot counters shall be employed at the Election in accordance with Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the election laws of the State of Texas. The J:\CITY SECRETARY\City Council\Agenda Items\Charter Amend. Voluntary Submission of Legislation by the City Council\Sample Ordinance - Charter Amendment.docx polls shall be open from 7:00 a.m. to 7:00 p.m. on the day of the Election. Testing of the precinct ballot counting equipment shall be conducted as prescribed by the Secretary of State. SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with a Joint Election Agreement to be entered into with Nueces County. SECTION 5. Paper ballot and precinct ballot counters shall be used for the conduct of the Election on election day and for early voting. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of Nueces County Courthouse, 901 Leopard, or at the temporary branch polling places as set forth in Attachment B, incorporated by reference and made a part of this ordinance. In addition, early voting in person may be conducted at the mobile temporary branch poling places set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified herein. The City Secretary is authorized, in the event of an emergency preventing the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all election precincts. SECTION 6. The City Secretary is directed to post and publish such election notices as are required by the election laws of the State of Texas. The City Secretary is further appointed as the authority officer responsible for the conduct of the Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of the State of Texas including but not limited to, coordinating the election process, including the use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 7. At the Election, the voters shall be presented with the following proposition (in English and Spanish) in the form prescribed by the laws of the State of Texas concerning amendments to the Charter of the City of Corpus Christi: J:\CITY SECRETARY\City Council\Agenda Items\Charter Amend. Voluntary Submission of Legislation by the City Council\Sample Ordinance - Charter Amendment.docx Ballot language: CHARTER AMENDMENT NO. 1 FOR AGAINST AUTHORIZING THE CITY COUNCIL TO SUBMIT ORDINANCE, RESOLUTION, OR MEASURE TO THE POPULAR VOTE FOR ADOPTION OR REPEAL Effect of Amendment: Adoption of Charter Amendment No. 1 would amend the City Charter, ARTICLE II, CITY COUNCIL, by adding a new Section 30 as follows: Sec. 30. Voluntary Submission of Legislation by the City Council The City Council, upon its own motion and by the affirmative vote of a majority of the full membership of the City Council, may submit to popular vote at an election, for adoption or rejection, any proposed ordinance or resolution or measure, or may submit for repeal any existing ordinance, or resolution, or measure and call for an election for this purpose on an authorized uniform election date as provided by State Law. SECTION 8. The City Secretary is directed to publish such Charter Amendment(s) as required by the Local Government Code and to post and publish such election notices as are require by the laws of the State of Texas. SECTION 9. The Election shall be conducted in accordance with the agreement between Nueces County and the City of Corpus Christi to hold a joint election on , 20 , which shall be executed and attached hereto as Attachment D and incorporated herein. The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 10. By approving this ordinance, the Mayor officially confirms and orders as her actions all matter recited in this ordinance which by law come within her jurisdiction. J:\CITY SECRETARY\City Council\Agenda Items\Charter Amend. Voluntary Submission of Legislation by the City Council\Sample Ordinance - Charter Amendment.docx SECTION 11. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 12. This ordinance shall take effect and be in full force and effect from and after its day of passage. SECTION 13. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 20 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary day of Nelda Martinez Mayor TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Nelda Martinez Mayor J:\CITY SECRETARY\City Council\Agenda Items\Charter Amend. Voluntary Submission of Legislation by the City Council\Sample Ordinance - Charter Amendment.docx Council Members The above ordinance was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn J:\CITY SECRETARY\City Council\Agenda Items\Charter Amend. Voluntary Submission of Legislation by the City Council\Sample Ordinance - Charter Amendment.docx AGENDA MEMORANDUM Future Item for the City Council Meeting of August 18, 2015 Action Item for the City Council Meeting of August 25, 2015 DATE: August 11, 2015 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm(c�cctexas.com (361) 826-3169 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm c(�cctexas.com (361) 826-1972 Lease -Purchase of Equipment for Solid Waste Operations CAPTION: Motion approving the lease -purchase of eight compressed natural gas garbage trucks, one cab and chassis, two retriever side loaders, and two trailers from the following companies for the amounts below for a total cost of $3,413,907.30. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Government (H -GAC) and the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the city's lease purchase financing contractor. Rush Truck Center of Texas, L.P. Houston, Texas $2,737,724.84 Heil of Texas Houston, Texas $188,302.00 Purchase Price - $3,218,001.84 Interest for Lease - $195,905.46 Total Cost $3,413,907.30 Corpus Christi Freightliner Corpus Christi, Texas $291,975.00 PURPOSE: Approval to lease -purchase eight compressed natural gas garbage trucks, one cab and chassis, two retriever side loaders, and two trailers for the Solid Waste Department. BACKGROUND AND FINDINGS: Financing for the lease -purchase of the eight compressed natural gas garbage trucks, one cab and chassis, two retriever side loaders and two trailers are based on a sixty - month term with an estimated interest rate of 2.35% for an annual payment of $682,781.40. The total estimated cost over the five-year period, including principal of $3,218,001.84 and interest of $195,905.46 is $3,413,907.30. ALTERNATIVES: The two retriever side loaders are not available in compressed natural gas (CNG). The cab and chassis will not be equipped with compressed natural gas (CNG) due to the dual purpose packer is not compatible. OTHER CONSIDERATIONS: All units are replacement units to the fleet. Replace units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. 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: Solid Waste 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 $3,396,878.04 $3,357,008.85 $6,810,785.34 Encumbered / Expended Amount $3,066,657.01 $0.00 $3,066,657.01 This item $0.00 $3,413,907.30 $3,413,907.30 BALANCE $330,221.03 $0.00 $330,221.03 Fund(s): General Fund Comments: Funding for the lease purchase of the eight garbage trucks, one cab and chassis, two retriever side loaders and two trailers are approved in the FY 2014-2015 budget. However, the equipment will be delivered and paid for in FY 2015-2016 and, therefore, no funds are required in this fiscal year. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM 1. 2. 3. ITEM 1. ITEM DESCRIPTION Garbage Trucks - Peterbilt 320 Chassis With Heil Python ASL Body - Compressed Natural Gas (CNG) Garbage Trucks - Peterbilt 320 Chassis With McNeilus ZR ASL Body - Compressed Natural Gas (CNG) Cab and Chassis - Peterbilt 320 Chassis With Demount and Mount Split Body DESCRIPTION PRICE SHEET QTY. TOTAL: 100 CY Trailer Body Only - 100 CY Refuse DESCRIPTION TOTAL: 1. (Retriever Side Loader TOTAL: 1 QTY. 2 UNIT Each Each Each UNIT HGAC CONTRACT: HT06-14 PURCHASE OF CHASSIS AND BODY Rush Truck Center of Texas, L.P. Houston, Texas UNIT PRICE EXTENDED PRICE $328,564.000 $316,239.000 $158,512.840 $1,314,256.00 $1,264,956.00 $158,512.84 $2,737,724.84 TLCPC CONTRACT NO. 425-13 PURCHASE OF 100 CY TRAILER BODY Heil of Texas Houston, Texas Each QTY. UNIT 2 Each UNIT PRICE $94,151.00 EXTENDED PRICE $188,302.00 $188,302.00 TLCPC CONTRACT NO. 425-13 PURCHASE OF SIDE LOADER Corpus Christi Freightliner - Western Star Corpus Christi, Texas UNIT PRICE EXTENDED PRICE $145,987.50 $291,975.00 Price Total: Interest for Lease: Total Cost: $291,975.00 $3,218,001.84 $195,905.46 $3,413,907.30 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 18, 2015 Action Item for the City Council Meeting of August 25, 2015 DATE: July 29, 2015 TO: Ronald L. Olson, City Manager FROM: Belinda Mercado, Director of Municipal Information Services BMercado@cctexas.com 361-826-3732 Replacement Mobile Computers for Police and Fire Vehicles CAPTION: Motion authorizing the City Manager, or designee, to approve a 48 -month lease agreement with CSI Leasing, Inc. of Saint Louis, Missouri, DIR-SDD-1880, for two hundred thirty-five (235) Datalux T5 Integrated Mobile Data Computer (MDT) systems from Austin Ribbon & Computer of Austin, Texas, for a total expenditure of $1,186,571.89. Funds are available in the Municipal Information Systems Department FY2014-2015 budget and will be requested in future budget years. PURPOSE: Mobile computers for Public Safety are five years old and are no longer covered by warranty. Repair costs for these systems exceed the fair market value and do not meet the minimum specifications for the mobile software used by the police and fire departments. The new mobile computers will be equipped to meet software specifications. BACKGROUND AND FINDINGS: The Datalux T5 systems will replace the current Datalux T4 systems. A benefit in staying with the Datalux product is the ability to re -use the vehicle consoles and mounts which is an estimated value of $256,000 (includes installation). Funds for this purchase are a part of the annual operating expenses for Public Safety in the Municipal Information Systems budget. ALTERNATIVES: Continue to use the current equipment with risk of higher repair costs and longer down time for emergency vehicles. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. This purchase is through the State of Texas Department of Information Resources (DIR) program. Texas Government Code Section 791.025 satisfies competitive bidding requirements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Municipal Information Systems Department Legal Department Office of Management and Budget Finance and Purchasing Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fund(s): Municipal Information Services Comments: The $24,656.11 shown above represents one month of expenditures that will be encumbered through the end of fiscal year 2015. The remaining $1,161,915.78 will be requested during the normal budget process for all future years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: CSI Leasing, Master Smarttrack Schedule No. 5 -PD Q-146272 Austin Ribbon & Computer, quote Price Sheet Project to Date Fiscal Year: Expenditures Current 2014-2015 (CIP only) Year Future Years TOTALS Line Item Budget $644890.70 Encumbered / Expended Amount $17,889.92 This item $24,656.11 $1,161,915.78 $1,186,571.89 BALANCE $602,344.67 Fund(s): Municipal Information Services Comments: The $24,656.11 shown above represents one month of expenditures that will be encumbered through the end of fiscal year 2015. The remaining $1,161,915.78 will be requested during the normal budget process for all future years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: CSI Leasing, Master Smarttrack Schedule No. 5 -PD Q-146272 Austin Ribbon & Computer, quote Price Sheet CITY OF CORPUS CHRISTI MUNICIPAL INFORMATION SYSTEMS PHILIP SEPAUGH ITEM DESCRIPTION Price Sheet DIR CONTRACT NO.: DIR-SDD-1880 CSI Leasing, Inc. Item 1 Lease QTY 1 2 Mobile Data Computer Retrun of Assets 235 235 UNIT Each Each UNIT LEASE QTY UNIT PRICE RATE 48 Months $4,622.01 0.0227 1 Term $13.10 1 CSI Leasing, Inc. Saint Louis, Missouri Monthly Monthly Four Year payment payment payment each total total $104.92 $13.10 $24,656.11 $3,078.50 $1,183,493.39 $3,078.50 Grand Total Award: $1,186,571.89 CSI LEASING the power of experience ORIGINAL MASTER SMARTTRACK SCHEDULE NO. 5 -PD dated as of July 16, 2015 LESSOR: CSI LEASING, INC. LESSEE: CITY OF CORPUS CHRISTI 1201 Leopard Street Corpus Christi, Texas 78401 Lessor and Lessee agree that, except as modified or superseded by this SmartTrack Schedule, all of the terms and conditions of Rider 1 to Master Operating Lease Agreement between Lessor and Lessee, and the Master Operating Lease Agreement attached as Appendix E to DIR-SDD-1880 to the extent incorporated in Rider 1, are hereby incorporated herein and made a part hereof. Rider 1 and the Master Operating Lease Agreement are referred to herein as the "MOLA" or the "Master Lease" and are assigned a CSI Master Lease Reference No. 1880CCC. 1. Equipment Schedules: This Master SmartTrack Schedule covers the lease to Lessee by Lessor of various Assets (referred to individually as an Asset or a Unit) that are to be installed at Lessee's facility from July 1, 2015 to November 1, 2015. Lessee wants the Assets to be divided among 4 separate Equipment Schedules (the "Leases"). The number, Schedule Term and installation period for each separate Lease is set forth in Paragraph 2 below. All the terms and conditions of this Master SmartTrack Schedule 5 -PD shall apply to the Leases, but Lessee and Lessor will not be required to sign separate Equipment Schedules for each of the Leases. On the first day of the Schedule Term of each Lease, or as soon thereafter as is reasonably practicable, a Certificate of Acceptance will be prepared for the applicable installation period, which Certificate will verify the quantities and serial numbers of the Assets, the Acceptance Date(s), the Monthly Rental per Unit, and the total Monthly Rental for each Lease. 2. Schedule Term; Installation Dates: The Schedule Term of each Equipment Schedule shall start on the dates set forth below and shall continue for 48 months. The Schedule Term of each Equipment Schedule shall automatically be extended for successive one month periods thereafter at the same Monthly Rental until terminated by either party giving the other not less than 60 days prior notice, such termination to be effective only on the last day of the Schedule Term or on the last day of any successive one month period. EQUIPMENT SCHEDULE NUMBER INSTALLATION PERIOD SCHEDULE TERM SCHEDULE COMMENCEMENT DATE LAST DAY OF SCHEDULE TERM 501 -PD August 1, 2015 through August 31, 2015 48 months September 1, 2015 August 31, 2019 502 -PD September 1, 2015 through September 30, 2015 48 months October 1, 2015 September 30, 2019 503 -PD October 1, 2015 through October 31, 2015 48 months November 1, 2015 October 31, 2019 504 -PD November 1, 2015 through November 30, 2015 48 months December 1, 2015 November 30, 2019 3. Assets Location: To be provided by Lessee on installation. 1880CCC-005-P D_Rev7.22.2015(vcm).doc Page 1 of 6 64601748/62230561/96341762 CSI LEASING, INC. 9990 Old Olive Street Road, Suite 101 Saint Louis, Missouri 63141 Tel: 1-800-955-0960 or 314-997-7010 Fax: 314-997-7844 www.csileasing.com ORIGINAL 4. Assets: DESCRIPTION (The Equipment must be new and current technology.) MONTHLY LEASE RATE FACTOR PER UNIT Cisco Networking Equipment; Large Servers (IBM only, with a cost greater than $75,000 per Unit); POS Terminals .0224 times Unit cost Notebook PCs and Tablets (excluding Ruggedized PCs); Desktop PCs (with a cost less than $1,000 per Unit); Monitors and All -In -One PCs; .0227 times Unit cost Disk Storage (EMC, IBM, Network Appliance); Networking Equipment; Handheld Scanners; Video Conferencing .0227 times Unit cost Small Servers / Blade Servers / Workstations (with a cost of $1,000 to $75,000 per Unit); Disk Storage (HP, HDS, Nimble or other approved manufacturers); Ruggedized PCs (e.g. Panasonic Toughbooks); .0231 times Unit cost Printers, Multifunction Printers, and Copiers; Miscellaneous standalone hardware with its own serial number, e.g. Scanners and Smart Phones .0231 times Unit cost Miscellaneous hardware without its own serial number or a relation to other Units on this Lease (e.g. Cards, Memory, Modems) .0236 times Unit cost 5. Quantities; Lessor's Purchase of Assets: a) The Total Cost of the SmartTrack Schedule (Hardware, Software and other costs) for all the Leases arising from this Master SmartTrack Schedule No. 5 -PD is not to exceed $1,200,000.00, combined. If Lessee wants a Lease to cover additional costs, Lessor, in its sole discretion, may pay such additional costs. b) As Lessee determines the quantities of Assets it requires, Lessee shall have the applicable vendor send to Lessor invoices which will reference this Master SmartTrack Schedule and which will specify machine type(s), quantities, location(s), sales price, and serial number(s) of the Assets ordered by Lessee, or by Lessor at Lessee's request. Upon receipt of each properly prepared invoice, Lessor shall remit the sales price to the vendor. Lessor shall be entitled to rely upon the authority of any Lessee employee to approve purchases of Assets on behalf of Lessee unless and until such time as an officer of Lessee notifies Lessor to the contrary. c) Lessor is not liable for any failure or delay in delivery caused by the manufacturer, vendor or any other party or condition not within Lessor's control. Lessee agrees that if any Assets have not been delivered and accepted by Lessee before October 31, 2015, Lessor shall have no obligation to lease those Assets to Lessee and Lessee shall assume any purchase obligations for such Assets from the applicable vendor, or if Lessor has paid for 1880CCC-005-PD_Rev7.22.2015(vcm).doc CSI LEASING, INC. Page 2of6 64601748/62230561/96341762 9990 Old Olive Street Road, Suite 101 Saint Louis, Missouri 63141 Tel: 1-800-955-0960 or 314-997-7010 Fax: 314-997-7844 www.csileasing.com ORIGINAL such Assets, purchase such Assets from Lessor within 5 days after Lessor's request to do so, for a price equal to Lessor's cost of such Assets plus any applicable sales tax on such sale. 6. Software and Other Costs: In consideration of Lessee's entering into this Master SmartTrack Schedule, Lessor shall pay fees on Lessee's behalf for various operating and/or application Software so that Lessee may use such Software in connection with the Assets. Lessor may also pay other costs related to the Assets, on Lessee's behalf. Lessee shall reimburse Lessor for such costs by making a monthly payment to Lessor equal to .0226 (the "Soft Cost Factor") times the cost of the applicable Software fee or other costs, which monthly payment amount will be assigned to Assets and treated as additional rental for the lease of such Assets. The total amount of Software and other costs will not exceed 20% of the Total Cost of the SmartTrack Schedule, without Lessor's prior written consent. Because Lessor makes payments as invoices are received throughout the installation period, the percent of Software and other costs to the Total Cost of the SmartTrack Schedule is generally not known until the final reconciliation of the SmartTrack Schedule. If Lessor determines that the total amount of Software and other costs exceed 20% of the Total Cost of the SmartTrack Schedule, Lessor shall have the option to exclude the excess Software and other costs from this SmartTrack Schedule and Lessee agrees to reimburse Lessor for such amounts. 7. Rent Payments; Daily Rental: a) Lessee shall pay Rent Payments monthly ("Monthly Rental") in advance, with the first payment due on the applicable Schedule Commencement Date, and the remaining payments due on the first day of each month thereafter. Monthly Rental per Asset will equal the "Monthly Lease Rate Factor" for that Asset, multiplied by the Asset's cost, plus any additional rental for soft costs as set forth in paragraph 6 above. b) Lessee shall pay no daily rental or pro -rated rental for Assets on this Master SmartTrack Schedule. 8. Interest Rate Contingency: The Lease Rate Factors specified herein are based upon the 4 year interest rate swap derived from the column entitled "Week Ending" (for the most recent week) set forth in the Federal Reserve Statistical Release H.15 (519) (the "Rate Swap"); the Rate Swap benchmark is 1.53%. Lessor intends to obtain a fixed-rate, non-recourse loan, using only the Equipment and the Lease as collateral (the "Loan"). If, at the time the Loan is closed, the then current Rate Swap exceeds 1.53%, then the Lease Rate Factor(s) shall be increased by .0001 for each 25 basis points by which the then current Rate Swap exceeds the benchmark Rate Swap of 1.53%. The Lease Rate Factor(s) will be increased only until the then current Rate Swap exceeds the current Rate Swap by 300 basis points. Any increases in the Rate Swap in excess of 300 basis points will have no further effect on the Lease Rate Factors. Increases of the Rate Swap by increments of less than 25 basis points will have no effect on the Lease Rate Factors. 9. Stipulated Loss Value: The Stipulated Loss Value of the Assets will equal a percentage, as set forth in the table below, of the Base Value of the Assets. If there is a loss of less than all of the Assets listed on the Equipment Schedule, the Stipulated Loss Value shall be allocated to the Assets lost in the same proportion as the Monthly Rental per Asset for the lost Assets bears to the Monthly Rental for all Assets listed on the SmartTrack Schedule. Because the actual quantity of Assets is unknown, a dollar amount Base Value is currently unknown. However, the parties agree that a specific dollar amount Base Value will be set forth in the Certificate of Acceptance referred to above. If an Asset is lost prior to the time the Certificate of Acceptance is prepared, the Base Value will equal the cost of the Asset, plus any associated soft costs. 1880CCC-005-PD_Rev7.22.2015(vcm).doc CSI LEASING, INC. Page 3of6 64601748/62230561/96341762 9990 Old Olive Street Road, Suite 101 Saint Louis, Missouri 63141 Tel: 1-800-955-0960 or 314-997-7010 Fax: 314-997-7844 www.csileasing.com ORIGINAL MONTHLY PAYMENTS MADE STIPULATED LOSS VALUE (PERCENT OF BASE VALUE) MONTHLY PAYMENTS MADE STIPULATED LOSS VALUE (PERCENT OF BASE VALUE) MONTHLY PAYMENTS MADE STIPULATED LOSS VALUE (PERCENT OF BASE VALUE) 0 110.0% 17 77.0 33 48.5 1 108.1 18 75.1 34 46.9 2 106.1 19 73.2 35 45.3 3 104.2 20 71.4 36 43.7 4 102.2 21 69.5 37 42.1 5 100.3 22 67.7 38 40.6 6 98.3 23 65.8 39 39.1 7 96.3 24 64.0 40 37.7 8 94.4 25 62.2 41 36.2 9 92.4 26 60.4 42 34.8 10 90.5 27 58.7 43 33.4 11 88.6 28 56.9 44 32.1 12 86.6 29 55.2 45 30.7 13 84.7 30 53.5 46 29.5 14 82.8 31 51.8 47 28.2 15 80.8 32 50.1 48 and thereafter 27.0 16 78.9 10. Serial Number Substitution: a) Lessee may replace any Asset with an identical or improved specification machine (a "Substitute Unit") as a result of a warranty replacement or other mechanical defect, or a casualty loss situation. Lessee must notify Lessor of the replacement serial number and configuration of the Substitute Unit. b) In addition to the circumstances set forth in (a) above, upon expiration of the Schedule Term, (i) provided no event has occurred that, with or without notice or the passage of time or both, would constitute an Event of Default, and (ii) in consideration of Lessee's performance of all of its obligations under the Lease, Lessee may choose to return desktop PC, laptop PC, or PC monitor units with serial numbers other than those listed in the Certificate of Acceptance only upon the following conditions: the Substitute Units must be (1) of an identical or improved configuration as the units being replaced, (2) in the condition required by section 15(b) of the Master Lease Agreement, and (3) owned by Lessee. Lessee must give Lessor written notice of the serial numbers of the Substitute Units along with a detailed list of which serial numbers they are replacing prior to their return to Lessor or else Lessor may decline to accept Substitute Units. Lessee hereby represents and warrants to Lessor that, upon delivery of any Substitute Units to Lessor, Lessee will be the absolute owner of the Substitute Units; the Substitute Units will be free and clear of all liens, charges and encumbrances; and Lessee will have full right, power and authority to transfer to Lessor title to the Substitute Units. 11. Essential Use: Pursuant to Section 20(0 of the MOLA, Lessee certifies that the use of the Assets is essential to Lessee's proper, efficient and economic operation. The Assets will be used by Lessee for the purpose of performing one or more of Lessee's governmental functions consistent with the permissible scope of Lessee's authority and not in any trade or business carried on by any person other than Lessee. Lessee shall provide an Essential Use/Source of Funds letter in a form and substance acceptable to Lessor. 12. Opinion of Counsel: Lessor's performance hereunder is conditioned on receipt of an opinion of counsel for Lessee in a form and substance acceptable to Lessor. 1880CCC-005-PD_Rev7.22.2015(vcm).doc CSI LEASING, INC. Page 4 of 6 64601748/62230561/96341762 9990 Old Olive Street Road, Suite 101 Saint Louis, Missouri 63141 Tel: 1-800-955-0960 or 314-997-7010 Fax: 314-997-7844 www.csileasing.com ORIGINAL 13. Technological Upgrade: If Lessee is not in default under the Lease at such time as Lessee desires to upgrade the Assets, Lessee may notify Lessor of its desire to upgrade the Assets with technologically more advanced equipment ("Upgrade Equipment"). In the event Lessor receives such notice, it agrees to negotiate in good faith to enter into a new lease or leases for the Upgrade Equipment upon mutually agreeable terms and conditions, and to terminate the rental obligations of the Assets upon the Commencement Date of the lease or leases for the Upgrade Equipment, provided that the termination of rental obligations shall not be effective unless the Secured Party and Assignee, if any, gives its written consent thereto. Lessee understands, however, that a breach by Lessor under this paragraph shall in no way release the Lessee from or affect the Lessee's obligations to continue making rental payments to any Secured Party or Assignee. 14. Personal Property Tax: Lessor shall pay the personal property taxes assessed for the Assets under each Lease, in a total amount for the entire Schedule Term including any extension thereof, not to exceed 4.75% of Lessor's total acquisition cost for the Assets (hardware costs only) under the applicable Lease. Lessee shall be responsible for payment of all amounts due in excess of Lessor's payment amount. (For example, if the total acquisition cost for the hardware on a Lease is $100,000.00, Lessor's liability for personal property tax during the entire Schedule Term and any extension thereof will not exceed $4,750.00, and Lessee will reimburse Lessor for any amount in excess of $4,750.00). 15. Purchase Option: Provided Lessee is not then in default under the Lease, Lessee may, on the last day of the Schedule Term, upon no less than 60 days prior written notice to Lessor, purchase the Assets at its then current fair market value. In the event that Lessee and Lessor cannot agree on fair market value, then fair market value shall equal the average of three appraisals obtained from three members of the Association of Service and Computer Dealers International, the first member to be chosen by Lessor, the second member to be chosen by Lessee, and the third member to be chosen by the first two members. Lessee may not unilaterally revoke its exercise of this option. If Lessee fails to exercise this option, then the provisions of section 15 of the Master Lease control. 16. Extension Option: Provided Lessee is not then in default under the Lease, Lessee may, on the last day of the Schedule Term, upon no less than 60 days prior written notice to Lessor, extend the Lease at the then current fair market rental rate. In the event that Lessee and Lessor cannot agree on fair market value, then fair market value shall equal the average of three appraisals obtained from three members of the Association of Service and Computer Dealers International, the first member to be chosen by Lessor, the second member to be chosen by Lessee, and the third member to be chosen by the first two members. Lessee may not unilaterally revoke its exercise of this option. If Lessee fails to exercise this option, then the provisions of section 15 of the Master Lease control. 17. Return of Assets: Provided Lessee is not then in Default under the Lease, Lessor's subsidiary Executive Personal Computers Inc. ("EPC") will schedule a pickup of the Assets from Lessee, including wrapping and packing. EPC will schedule one pickup per month, from one Lessee location, for the Assets leased under this Master SmartTrack Schedule. Lessee will be liable for Monthly Rental until the Assets are picked up by EPC. If any of the Assets are not ready and returned during this one-time pick up, Lessee will arrange for the return of such Assets at its expense, and Lessee will be liable for Monthly Rental for such Assets until they are returned to Lessor. Lessee wants to pay for this service over the term of the Lease, rather than in a lump sum. Accordingly, a cost of $13.10 per Asset will be added to the Lease as a Soft Cost under the provisions of paragraph 6 above. 1880CCC-005-PD_Rev7.22.2015(vcm).doc CSI LEASING, INC. Page 5of6 64601748/62230561/96341762 9990 Old Olive Street Road, Suite 101 Saint Louis, Missouri 63141 Tel: 1-800-955-0960 or 314-997-7010 Fax: 314-997-7844 www.csileasing.com ORIGINAL 18. Financing Statement: A photocopy of this Master SmartTrack Schedule, the Certificates of Acceptance, and any exhibits or addenda hereto, may be filed as a precautionary Uniform Commercial Code Financing Statement to evidence Lessor's interest in the Assets. AT LESSOR'S OPTION, THIS SMARTTRACK SCHEDULE SHALL NOT BE EFFECTIVE UNLESS SIGNED BY LESSEE AND RETURNED TO LESSOR ON OR BEFORE AUGUST 18, 2015. CSI LEASING, INC. CITY OF CORPUS CHRISTI Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: BWG/HOUS 1880CCC-005-PD_Rev7.22.2015(vcm).doc CSI LEASING, INC. Page 6of6 64601748/62230561/96341762 9990 Old Olive Street Road, Suite 101 Saint Louis, Missouri 63141 Tel: 1-800-955-0960 or 314-997-7010 Fax: 314-997-7844 www.csileasing.com CSI LEASING the power of experience NON -ORIGINAL No security interest in an Equipment Schedule may be created or perfected by possession of this copy. MASTER SMARTTRACK SCHEDULE NO. 5 -PD dated as of July 16, 2015 LESSOR: CSI LEASING, INC. LESSEE: CITY OF CORPUS CHRISTI 1201 Leopard Street Corpus Christi, Texas 78401 Lessor and Lessee agree that, except as modified or superseded by this SmartTrack Schedule, all of the terms and conditions of Rider 1 to Master Operating Lease Agreement between Lessor and Lessee, and the Master Operating Lease Agreement attached as Appendix E to DIR-SDD-1880 to the extent incorporated in Rider 1, are hereby incorporated herein and made a part hereof. Rider 1 and the Master Operating Lease Agreement are referred to herein as the "MOLA" or the "Master Lease" and are assigned a CSI Master Lease Reference No. 1880CCC. 1. Equipment Schedules: This Master SmartTrack Schedule covers the lease to Lessee by Lessor of various Assets (referred to individually as an Asset or a Unit) that are to be installed at Lessee's facility from July 1, 2015 to November 1, 2015. Lessee wants the Assets to be divided among 4 separate Equipment Schedules (the "Leases"). The number, Schedule Term and installation period for each separate Lease is set forth in Paragraph 2 below. All the terms and conditions of this Master SmartTrack Schedule 5 -PD shall apply to the Leases, but Lessee and Lessor will not be required to sign separate Equipment Schedules for each of the Leases. On the first day of the Schedule Term of each Lease, or as soon thereafter as is reasonably practicable, a Certificate of Acceptance will be prepared for the applicable installation period, which Certificate will verify the quantities and serial numbers of the Assets, the Acceptance Date(s), the Monthly Rental per Unit, and the total Monthly Rental for each Lease. 2. Schedule Term; Installation Dates: The Schedule Term of each Equipment Schedule shall start on the dates set forth below and shall continue for 48 months. The Schedule Term of each Equipment Schedule shall automatically be extended for successive one month periods thereafter at the same Monthly Rental until terminated by either party giving the other not less than 60 days prior notice, such termination to be effective only on the last day of the Schedule Term or on the last day of any successive one month period. EQUIPMENT SCHEDULE NUMBER INSTALLATION PERIOD SCHEDULE TERM SCHEDULE COMMENCEMENT DATE LAST DAY OF SCHEDULE TERM 501 -PD August 1, 2015 through August 31, 2015 48 months September 1, 2015 August 31, 2019 502 -PD September 1, 2015 through September 30, 2015 48 months October 1, 2015 September 30, 2019 503 -PD October 1, 2015 through October 31, 2015 48 months November 1, 2015 October 31, 2019 504 -PD November 1, 2015 through November 30, 2015 48 months December 1, 2015 November 30, 2019 3. Assets Location: To be provided by Lessee on installation. 1880CCC-005-P D_Rev7.22.2015(vcm).doc Page 1 of 6 64601748/62230561/96341762 CSI LEASING, INC. 9990 Old Olive Street Road, Suite 101 Saint Louis, Missouri 63141 Tel: 1-800-955-0960 or 314-997-7010 Fax: 314-997-7844 www.csileasing.com NON -ORIGINAL No security interest in an Equipment Schedule may be created or perfected by possession of this copy. 4. Assets: DESCRIPTION (The Equipment must be new and current technology.) MONTHLY LEASE RATE FACTOR PER UNIT Cisco Networking Equipment; Large Servers (IBM only, with a cost greater than $75,000 per Unit); POS Terminals .0224 times Unit cost Notebook PCs and Tablets (excluding Ruggedized PCs); Desktop PCs (with a cost less than $1,000 per Unit); Monitors and All -In -One PCs; .0227 times Unit cost Disk Storage (EMC, IBM, Network Appliance); Networking Equipment; Handheld Scanners; Video Conferencing .0227 times Unit cost Small Servers / Blade Servers / Workstations (with a cost of $1,000 to $75,000 per Unit); Disk Storage (HP, HDS, Nimble or other approved manufacturers); Ruggedized PCs (e.g. Panasonic Toughbooks); .0231 times Unit cost Printers, Multifunction Printers, and Copiers; Miscellaneous standalone hardware with its own serial number, e.g. Scanners and Smart Phones .0231 times Unit cost Miscellaneous hardware without its own serial number or a relation to other Units on this Lease (e.g. Cards, Memory, Modems) .0236 times Unit cost 5. Quantities; Lessor's Purchase of Assets: a) The Total Cost of the SmartTrack Schedule (Hardware, Software and other costs) for all the Leases arising from this Master SmartTrack Schedule No. 5 -PD is not to exceed $1,200,000.00, combined. If Lessee wants a Lease to cover additional costs, Lessor, in its sole discretion, may pay such additional costs. b) As Lessee determines the quantities of Assets it requires, Lessee shall have the applicable vendor send to Lessor invoices which will reference this Master SmartTrack Schedule and which will specify machine type(s), quantities, location(s), sales price, and serial number(s) of the Assets ordered by Lessee, or by Lessor at Lessee's request. Upon receipt of each properly prepared invoice, Lessor shall remit the sales price to the vendor. Lessor shall be entitled to rely upon the authority of any Lessee employee to approve purchases of Assets on behalf of Lessee unless and until such time as an officer of Lessee notifies Lessor to the contrary. c) Lessor is not liable for any failure or delay in delivery caused by the manufacturer, vendor or any other party or condition not within Lessor's control. Lessee agrees that if any Assets have not been delivered and accepted by Lessee before October 31, 2015, Lessor shall have no obligation to lease those Assets to Lessee and Lessee shall assume any purchase obligations for such Assets from the applicable vendor, or if Lessor has paid for 1880CCC-005-PD_Rev7.22.2015(vcm).doc CSI LEASING, INC. Page 2of6 64601748/62230561/96341762 9990 Old Olive Street Road, Suite 101 Saint Louis, Missouri 63141 Tel: 1-800-955-0960 or 314-997-7010 Fax: 314-997-7844 www.csileasing.com NON -ORIGINAL No security interest in an Equipment Schedule may be created or perfected by possession of this copy. such Assets, purchase such Assets from Lessor within 5 days after Lessor's request to do so, for a price equal to Lessor's cost of such Assets plus any applicable sales tax on such sale. 6. Software and Other Costs: In consideration of Lessee's entering into this Master SmartTrack Schedule, Lessor shall pay fees on Lessee's behalf for various operating and/or application Software so that Lessee may use such Software in connection with the Assets. Lessor may also pay other costs related to the Assets, on Lessee's behalf. Lessee shall reimburse Lessor for such costs by making a monthly payment to Lessor equal to .0226 (the "Soft Cost Factor") times the cost of the applicable Software fee or other costs, which monthly payment amount will be assigned to Assets and treated as additional rental for the lease of such Assets. The total amount of Software and other costs will not exceed 20% of the Total Cost of the SmartTrack Schedule, without Lessor's prior written consent. Because Lessor makes payments as invoices are received throughout the installation period, the percent of Software and other costs to the Total Cost of the SmartTrack Schedule is generally not known until the final reconciliation of the SmartTrack Schedule. If Lessor determines that the total amount of Software and other costs exceed 20% of the Total Cost of the SmartTrack Schedule, Lessor shall have the option to exclude the excess Software and other costs from this SmartTrack Schedule and Lessee agrees to reimburse Lessor for such amounts. 7. Rent Payments; Daily Rental: a) Lessee shall pay Rent Payments monthly ("Monthly Rental") in advance, with the first payment due on the applicable Schedule Commencement Date, and the remaining payments due on the first day of each month thereafter. Monthly Rental per Asset will equal the "Monthly Lease Rate Factor" for that Asset, multiplied by the Asset's cost, plus any additional rental for soft costs as set forth in paragraph 6 above. b) Lessee shall pay no daily rental or pro -rated rental for Assets on this Master SmartTrack Schedule. 8. Interest Rate Contingency: The Lease Rate Factors specified herein are based upon the 4 year interest rate swap derived from the column entitled "Week Ending" (for the most recent week) set forth in the Federal Reserve Statistical Release H.15 (519) (the "Rate Swap"); the Rate Swap benchmark is 1.53%. Lessor intends to obtain a fixed-rate, non-recourse loan, using only the Equipment and the Lease as collateral (the "Loan"). If, at the time the Loan is closed, the then current Rate Swap exceeds 1.53%, then the Lease Rate Factor(s) shall be increased by .0001 for each 25 basis points by which the then current Rate Swap exceeds the benchmark Rate Swap of 1.53%. The Lease Rate Factor(s) will be increased only until the then current Rate Swap exceeds the current Rate Swap by 300 basis points. Any increases in the Rate Swap in excess of 300 basis points will have no further effect on the Lease Rate Factors. Increases of the Rate Swap by increments of less than 25 basis points will have no effect on the Lease Rate Factors. 9. Stipulated Loss Value: The Stipulated Loss Value of the Assets will equal a percentage, as set forth in the table below, of the Base Value of the Assets. If there is a loss of less than all of the Assets listed on the Equipment Schedule, the Stipulated Loss Value shall be allocated to the Assets lost in the same proportion as the Monthly Rental per Asset for the lost Assets bears to the Monthly Rental for all Assets listed on the SmartTrack Schedule. Because the actual quantity of Assets is unknown, a dollar amount Base Value is currently unknown. However, the parties agree that a specific dollar amount Base Value will be set forth in the Certificate of Acceptance referred to above. If an Asset is lost prior to the time the Certificate of Acceptance is prepared, the Base Value will equal the cost of the Asset, plus any associated soft costs. 1880CCC-005-PD_Rev7.22.2015(vcm).doc CSI LEASING, INC. Page 3of6 64601748/62230561/96341762 9990 Old Olive Street Road, Suite 101 Saint Louis, Missouri 63141 Tel: 1-800-955-0960 or 314-997-7010 Fax: 314-997-7844 www.csileasing.com NON -ORIGINAL No security interest in an Equipment Schedule may be created or perfected by possession of this copy. MONTHLY PAYMENTS MADE STIPULATED LOSS VALUE (PERCENT OF BASE VALUE) MONTHLY PAYMENTS MADE STIPULATED LOSS VALUE (PERCENT OF BASE VALUE) MONTHLY PAYMENTS MADE STIPULATED LOSS VALUE (PERCENT OF BASE VALUE) 0 110.0% 17 77.0 33 48.5 1 108.1 18 75.1 34 46.9 2 106.1 19 73.2 35 45.3 3 104.2 20 71.4 36 43.7 4 102.2 21 69.5 37 42.1 5 100.3 22 67.7 38 40.6 6 98.3 23 65.8 39 39.1 7 96.3 24 64.0 40 37.7 8 94.4 25 62.2 41 36.2 9 92.4 26 60.4 42 34.8 10 90.5 27 58.7 43 33.4 11 88.6 28 56.9 44 32.1 12 86.6 29 55.2 45 30.7 13 84.7 30 53.5 46 29.5 14 82.8 31 51.8 47 28.2 15 80.8 32 50.1 48 and thereafter 27.0 16 78.9 10. Serial Number Substitution: a) Lessee may replace any Asset with an identical or improved specification machine (a "Substitute Unit") as a result of a warranty replacement or other mechanical defect, or a casualty loss situation. Lessee must notify Lessor of the replacement serial number and configuration of the Substitute Unit. b) In addition to the circumstances set forth in (a) above, upon expiration of the Schedule Term, (i) provided no event has occurred that, with or without notice or the passage of time or both, would constitute an Event of Default, and (ii) in consideration of Lessee's performance of all of its obligations under the Lease, Lessee may choose to return desktop PC, laptop PC, or PC monitor units with serial numbers other than those listed in the Certificate of Acceptance only upon the following conditions: the Substitute Units must be (1) of an identical or improved configuration as the units being replaced, (2) in the condition required by section 15(b) of the Master Lease Agreement, and (3) owned by Lessee. Lessee must give Lessor written notice of the serial numbers of the Substitute Units along with a detailed list of which serial numbers they are replacing prior to their return to Lessor or else Lessor may decline to accept Substitute Units. Lessee hereby represents and warrants to Lessor that, upon delivery of any Substitute Units to Lessor, Lessee will be the absolute owner of the Substitute Units; the Substitute Units will be free and clear of all liens, charges and encumbrances; and Lessee will have full right, power and authority to transfer to Lessor title to the Substitute Units. 11. Essential Use: Pursuant to Section 20(0 of the MOLA, Lessee certifies that the use of the Assets is essential to Lessee's proper, efficient and economic operation. The Assets will be used by Lessee for the purpose of performing one or more of Lessee's governmental functions consistent with the permissible scope of Lessee's authority and not in any trade or business carried on by any person other than Lessee. Lessee shall provide an Essential Use/Source of Funds letter in a form and substance acceptable to Lessor. 12. Opinion of Counsel: Lessor's performance hereunder is conditioned on receipt of an opinion of counsel for Lessee in a form and substance acceptable to Lessor. 1880CCC-005-PD_Rev7.22.2015(vcm).doc CSI LEASING, INC. Page 4 of 6 64601748/62230561/96341762 9990 Old Olive Street Road, Suite 101 Saint Louis, Missouri 63141 Tel: 1-800-955-0960 or 314-997-7010 Fax: 314-997-7844 www.csileasing.com NON -ORIGINAL No security interest in an Equipment Schedule may be created or perfected by possession of this copy. 13. Technological Upgrade: If Lessee is not in default under the Lease at such time as Lessee desires to upgrade the Assets, Lessee may notify Lessor of its desire to upgrade the Assets with technologically more advanced equipment ("Upgrade Equipment"). In the event Lessor receives such notice, it agrees to negotiate in good faith to enter into a new lease or leases for the Upgrade Equipment upon mutually agreeable terms and conditions, and to terminate the rental obligations of the Assets upon the Commencement Date of the lease or leases for the Upgrade Equipment, provided that the termination of rental obligations shall not be effective unless the Secured Party and Assignee, if any, gives its written consent thereto. Lessee understands, however, that a breach by Lessor under this paragraph shall in no way release the Lessee from or affect the Lessee's obligations to continue making rental payments to any Secured Party or Assignee. 14. Personal Property Tax: Lessor shall pay the personal property taxes assessed for the Assets under each Lease, in a total amount for the entire Schedule Term including any extension thereof, not to exceed 4.75% of Lessor's total acquisition cost for the Assets (hardware costs only) under the applicable Lease. Lessee shall be responsible for payment of all amounts due in excess of Lessor's payment amount. (For example, if the total acquisition cost for the hardware on a Lease is $100,000.00, Lessor's liability for personal property tax during the entire Schedule Term and any extension thereof will not exceed $4,750.00, and Lessee will reimburse Lessor for any amount in excess of $4,750.00). 15. Purchase Option: Provided Lessee is not then in default under the Lease, Lessee may, on the last day of the Schedule Term, upon no less than 60 days prior written notice to Lessor, purchase the Assets at its then current fair market value. In the event that Lessee and Lessor cannot agree on fair market value, then fair market value shall equal the average of three appraisals obtained from three members of the Association of Service and Computer Dealers International, the first member to be chosen by Lessor, the second member to be chosen by Lessee, and the third member to be chosen by the first two members. Lessee may not unilaterally revoke its exercise of this option. If Lessee fails to exercise this option, then the provisions of section 15 of the Master Lease control. 16. Extension Option: Provided Lessee is not then in default under the Lease, Lessee may, on the last day of the Schedule Term, upon no less than 60 days prior written notice to Lessor, extend the Lease at the then current fair market rental rate. In the event that Lessee and Lessor cannot agree on fair market value, then fair market value shall equal the average of three appraisals obtained from three members of the Association of Service and Computer Dealers International, the first member to be chosen by Lessor, the second member to be chosen by Lessee, and the third member to be chosen by the first two members. Lessee may not unilaterally revoke its exercise of this option. If Lessee fails to exercise this option, then the provisions of section 15 of the Master Lease control. 17. Return of Assets: Provided Lessee is not then in Default under the Lease, Lessor's subsidiary Executive Personal Computers Inc. ("EPC") will schedule a pickup of the Assets from Lessee, including wrapping and packing. EPC will schedule one pickup per month, from one Lessee location, for the Assets leased under this Master SmartTrack Schedule. Lessee will be liable for Monthly Rental until the Assets are picked up by EPC. If any of the Assets are not ready and returned during this one-time pick up, Lessee will arrange for the return of such Assets at its expense, and Lessee will be liable for Monthly Rental for such Assets until they are returned to Lessor. Lessee wants to pay for this service over the term of the Lease, rather than in a lump sum. Accordingly, a cost of $13.10 per Asset will be added to the Lease as a Soft Cost under the provisions of paragraph 6 above. 1880CCC-005-PD_Rev7.22.2015(vcm).doc CSI LEASING, INC. Page 5of6 64601748/62230561/96341762 9990 Old Olive Street Road, Suite 101 Saint Louis, Missouri 63141 Tel: 1-800-955-0960 or 314-997-7010 Fax: 314-997-7844 www.csileasing.com NON -ORIGINAL No security interest in an Equipment Schedule may be created or perfected by possession of this copy. 18. Financing Statement: A photocopy of this Master SmartTrack Schedule, the Certificates of Acceptance, and any exhibits or addenda hereto, may be filed as a precautionary Uniform Commercial Code Financing Statement to evidence Lessor's interest in the Assets. AT LESSOR'S OPTION, THIS SMARTTRACK SCHEDULE SHALL NOT BE EFFECTIVE UNLESS SIGNED BY LESSEE AND RETURNED TO LESSOR ON OR BEFORE AUGUST 18, 2015. CSI LEASING, INC. CITY OF CORPUS CHRISTI Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: BWG/HOUS 1880CCC-005-PD_Rev7.22.2015(vcm).doc CSI LEASING, INC. Page 6of6 64601748/62230561/96341762 9990 Old Olive Street Road, Suite 101 Saint Louis, Missouri 63141 Tel: 1-800-955-0960 or 314-997-7010 Fax: 314-997-7844 www.csileasing.com ASC SERVICES I STAFFING I SOLUTIONS 9211 Waterford Centre Blvd. Suite 202 Austin, TX 78758 United States P:(512)452-0651 F:(512)452-0691 Customer PO # Customer ID JEREMY TXCCH R13004 Shi. Via GROUND Quantity Contract # Item # 235 DIR-TSO-2555 TCU -T5 -XXX Description 12.1" LCD MONITOR AND INTEGRATED MOBILE DATA SYSTEM Intel 2nd Gen i5 2.3 GHz Processor 120GB SSD (Removable) 4GB DDR3 System Memory ExpressCard Slot 1 -RS232 Serial Port 6 USB Ports 2 LANs Standard 1024x768 Resistive Touch LCD Internal Vehicle Power Conditioning Windows 7-64 BIT OS 5 -Year Warranty included with SSD purchase 235 DIR-TSO-2555 8GB RAM DATALUX 8GB RAM UPGRADE 235 235 235 235 235 1 1 NA NA NA DIR-TSO-2555 DIR-TSO-2555 NA WIN 64 BIT WIFI BLUETOOTH COP-KEYBD- 3GT1 259-015 FREIGHT CHARGE WINDOWS 7 64BIT OS WIFI BLUETOOTH MODULE CLIP -ON BACKLIT KEYBOARD WITH STEERING WHEEL BAR - USB WITH GLIDEPOINT TRACKPAD AND INTERNAL SPLASHG DATALUX SCREEN PROTECTOR - CUSTOMER INSTALLED Freight Charge ARCSalesSupport For sales support please contact Jeremy Kling at (512) 452-0651 $4,074.29 $957,458.15 $198.84 $0.00 $0.00 $0.00 $325.50 $23.38 $46,727.40 $0.00 $0.00 $0.00 $76,492.50 $5,494.30 $0.00 $0.00 $0.00 $0.00 Subtotal $1,086,172.35 Tax $0.00 Total $1,086,172.35 These prices do NOT include taxes, insurance, shipping, delivery, setup fees, or any cables or cabling services or material unless specifically listed above. All prices are subject to change without notice. Supply subject to availability. QUOTE # QUOTE Q-146661 Date 07/30/2015 Page 1/1 Expires On 08/29/2015 Sales Contact J Kling Quote For Corpus Christi, City of Re. Terms FOB ing NET 30 DESTINATION Unit Price Extended Price 12.1" LCD MONITOR AND INTEGRATED MOBILE DATA SYSTEM Intel 2nd Gen i5 2.3 GHz Processor 120GB SSD (Removable) 4GB DDR3 System Memory ExpressCard Slot 1 -RS232 Serial Port 6 USB Ports 2 LANs Standard 1024x768 Resistive Touch LCD Internal Vehicle Power Conditioning Windows 7-64 BIT OS 5 -Year Warranty included with SSD purchase 235 DIR-TSO-2555 8GB RAM DATALUX 8GB RAM UPGRADE 235 235 235 235 235 1 1 NA NA NA DIR-TSO-2555 DIR-TSO-2555 NA WIN 64 BIT WIFI BLUETOOTH COP-KEYBD- 3GT1 259-015 FREIGHT CHARGE WINDOWS 7 64BIT OS WIFI BLUETOOTH MODULE CLIP -ON BACKLIT KEYBOARD WITH STEERING WHEEL BAR - USB WITH GLIDEPOINT TRACKPAD AND INTERNAL SPLASHG DATALUX SCREEN PROTECTOR - CUSTOMER INSTALLED Freight Charge ARCSalesSupport For sales support please contact Jeremy Kling at (512) 452-0651 $4,074.29 $957,458.15 $198.84 $0.00 $0.00 $0.00 $325.50 $23.38 $46,727.40 $0.00 $0.00 $0.00 $76,492.50 $5,494.30 $0.00 $0.00 $0.00 $0.00 Subtotal $1,086,172.35 Tax $0.00 Total $1,086,172.35 These prices do NOT include taxes, insurance, shipping, delivery, setup fees, or any cables or cabling services or material unless specifically listed above. All prices are subject to change without notice. Supply subject to availability. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 18, 2015 Action Item for the City Council Meeting of August 25, 2015 DATE: TO: Ronald L. Olson, City Manager July 21, 2015 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., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Monitoring Contract Nueces Bay System Salinity and Freshwater Inflow Monitoring 2015-2016 CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 2 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $96,428 for a total restated fee not to exceed $288,720 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2015-2016. PURPOSE: The purpose of this agenda item is to obtain authority to execute a monitoring contract for the Conrad Blucher Institute at Texas A&M University -Corpus Christi for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2015-2016. The execution of this Amendment is in compliance with the Amended Agreed Order between the City and Texas Commission on Environmental Quality (TCEQ) . BACKGROUND AND FINDINGS: The amendment provides continued services for real-time salinity monitoring at the two salinity monitoring stations in Nueces Bay and one monitoring station in the Nueces River. The data collected is to determine the frequency and quantity of fresh water pass through events from the City's reservoir system (Choke Canyon Dam and Wesley Seale Dam) as required by the City's amended reservoir operating plan. Services include real-time monitoring, data collection, regular site visits and routine maintenance/repairs for these three stations. The Conrad Blucher Institute (CBI) of Texas A&M University -Corpus Christi has conducted extensive research in the Rincon Bayou, local bays and estuaries. The CBI is considered the foremost expert in local near shore salinity research and has existing salinity monitoring stations that will be used to collect the required data. The CBI has conducted the required salinity monitoring for the City since the Reservoir Operating Plan was amended by TCEQ. In November 2013, the City awarded CBI with a contract to initiate salinity and freshwater inflow monitoring. The contract term was from November 15, 2013 through September 30, 2014. In September 2014, the City awarded CBI with an Amendment No. 1 contract to maintain salinity monitoring stations for the Nueces Bay System from October 1, 2014 to September 30, 2015. This contract, Amendment No. 2, allows CBI to continue to maintain salinity monitoring stations for the Nueces Bay System. The contract term of this amendment is from October 1, 2015 to September 30, 2016. ALTERNATIVES: 1. Authorize the execution of the monitoring contract. 2. Do not authorize the execution of the monitoring contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department Environmental and Strategic Initiatives FINANCIAL IMPACT: Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $192,292.00 $107,004.00 $299,296.00 Encumbered / Expended Amount $192,292.00 $192,292.00 This Item $96,428.00 $96,428.00 Future Anticipated Expenditures This Project $10,576.00 $10,576.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Water Operating Comments: The contract amendment will result in the amount not to exceed $96,428. RECOMMENDATION: City Staff recommends approval of Amendment No. 2 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $96,428 for a total restated fee not to exceed $288,720 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2015-2016. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET Nueces Bay System Salinity and Freshwater Inflow Monitoring 2015-2016 FUNDS AVAILABLE: Water Operating $299,296 FUNDS REQUIRED: *Original (Conrad Blucher Institute, TAMUCC) $94,605 **Amend. No. 1 (Conrad Blucher Institute, TAMUCC) $97,687 Amend. No. 2 (Conrad Blucher Institute, TAMUCC) THIS CONTRACT $96,428 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $3,365 Engineering Services (Project Mgmt) $6,250 Misc $961 TOTAL $299,296 PROJECT BUDGET BALANCE *Original contract approved by City Council on November 12, 2013 by Motion No. M2013-170 **Amendment No. 1 approved by City Council on September 23, 2014 by Motion No. M2014-134 $0 CORPUS CHRISTI BAY f46 � ¶LOCATION MAP NOT TO SCALE SALINATION MONITORING STATIONS PROJECT: 8443 Nueces Bay System Salinity and Freshwater Inflow Monitoring 2015-2016 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 CITY OF CORPUS CHRISTI CONTRACT FOR MONITORING SERVICES AMENDMENT NO. 2 The City of Corpus Christi, Texas hereinafter called "CITY", and the Conrad Blucher Institute at Texas A&M University—Corpus Christi, hereinafter called "CBI," agree to the following amendment to the Contract for Monitoring Services for Nueces Bay System Salinity and Freshwater Inflow Monitoring 2015-2016 (Project No. 8443), as authorized and amended by: Original A/E Agreement November 12, 2013 Motion No. 2013-170 $94,605.00 Amendment No. 1 September 23, 2014 Motion No. 2014-134 $97,687.00 Exhibit "A", SECTION II. SCOPE OF SERVICES shall be amended to include the additional tasks as described in Amendment No. 2 Exhibit "A". Exhibit "A", FEES shall be amended and is attached as Amendment No. 2 Exhibit "A" for a revised fee not to exceed $96,428.00 (Ninety -Six Thousand Four Hundred Twenty -Eight Dollars and Zero Cents), for a total restated fee not to exceed $288,720.00 (Two Hundred Eighty -Eight Thousand Seven Hundred Twenty Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the November 12, 2013 contract between the City and CBI, and any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI TEXAS A&M UNIVERSITY -CORPUS CHRISTI J.H. Edmonds, P.E. (Date) Larry Lloyd, (Date) Director of Capital Programs Research Specialist II Conrad Blucher Institute for Surveying and Science RECOMMENDED Texas A&M University — Corpus Christi 6300 Ocean Drive, Unit 5799 Corpus Christi, Texas 78412 Operating Department (Date) (361) 825-5759 Office Larry.Lloyd@tamucc.edu APPROVED AS TO LEGAL FORM Dr. Luis Cifuentes, (Date) Vice President for Research, Commercialization Assistant City Attorney (Date) and Outreach for City Attorney APPROVED Office of Management and Budget (Date) ATTEST Rebecca Huerta, City Secretary Project No: 8443 Accounting Unit: 4010-30220-061 Account: 530000 Activity: 180227014010 EX P Account Category: 30000 Fund Name: Water Operating K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8443 RINCON BAYOU DIVERSION - SALINITY & FRESHWATER INFLOW MONITORING\SALINTY & FRESHWATER INFLOW MONITORING\AMENDMENT NO. 2\CONTRACT\CONTRACT.DOCX TEXAS A&M Or UNIVERSITY 11i CORPUS CHRISTI CONRAD BLUCHER INSTITUTE FOR SURVEYING AND SCIENCE Jiangang Dang 1201 Leopard City of Corpus Christi Corpus Christi, Texas 78401 Dear Daniel, Larry Lloyd Research Specialist II Conrad Blucher Institute for Surveying and Science College of Science and Engineering 6300 OCEAN DRIVE, UNIT 5799 CORPUS CHRISTI, TEXAS 78412 0 361.825.5759' C 361.438.6594 12 June, 2015 The statements of work covered herein are submitted to the City of Corpus Christi, referred to as "the City", for consideration. These statements will constitute a fee for services rendered by the Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University - Corpus Christi (TAMUCC). Included is an outline of our scope of work and budget to continue the ongoing salinity monitoring efforts in Nueces Bay and Nueces River. PROPOSED SCOPE OF WORK FOR NUECES BAY SYSTEM SALINITY AND FRESHWATER INFLOW MONITORING: 2015-2016 SUMMARY Two real-time salinity monitoring stations in the Nueces Bay and one real-time salinity monitoring station in the Nueces River will be covered under this agreement. Station service includes exchange of datasonde monitoring instruments with a freshly calibrated unit every 2-3 weeks, repair and maintenance to all station electronics and components as necessary and an annual inspection in which the condition of all station components are documented. In order to reduce costs, station service frequency will be based on observed marine growth fouling the instruments; for example, every 2 weeks when warmer bay waters foster excessive marine growth and every 3 weeks when water temperatures are cooler. All salinity monitoring stations will primarily report salinity, specific conductance and water temperature. Additionally, all monitoring stations will also report ancillary water quality data including dissolved oxygen, pH, and water depth. All data will be available in graphical and tabular format on the CBI website (http://www.cbi.tamucc.edu/Nueces-BayWater- Quality-Monitoring). This proposal covers a period of 1 year. RESEARCH OBJECTIVES The Conrad Blucher Institute for Surveying and Science (CBI) at TAMUCC has been operating and maintaining real-time salinity monitoring stations in Nueces Bay and in Nueces River for the City of Corpus Christi since November 1991 in order to help better understand the effects of freshwater inflows on salinity into the Nueces Bay system. The data collected will be used to help the City of Corpus Christi water supply managers determine the quantity and frequency of fresh water pass through events required by the amended Agreed Order between the City and the Texas Commission on Environmental Quality (TCEQ) via the Lake Corpus Christi Weasley Seale Dam. Other benefits of the data collection include collaboration with other researchers AMEND. NO. 2 EXHIBIT "A" Page 1 of 5 in the Nueces delta, namely, the Center for Coastal Studies (CCS) and Harte Research Institute for Gulf of Mexico Studies (HRI) at TAMUCC, the University of Texas Marine Science Institute (UTMSI) at Port Aransas, the Coastal Bend Bays and Estuaries Program (CBBEP) and the U.S. Army Corps of Engineers (USACE) Fort Worth District. This proposal is for continuation of the aforementioned monitoring efforts in Nueces Bay and Nueces River. Nueces Bay salinity monitoring by CBI consists of 2 monitoring stations: SALT01 (27° 50' 21" N, 97° 26' 38" W) and SALT03 27° 51' 5" N, 97° 28' 55" W) and one monitoring station in Nueces River: SALT05 (27° 53' 30" N 97° 36' 37" W). These stations consist of a Hach Hydrolab MS5 water quality datasonde, IP modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system. Primary parameters measured at all monitoring stations include salinity, specific conductance and water temperature. Additionally, ancillary parameters are measured including dissolved oxygen, water depth, and pH. The stations are located in such a manner to track fresh water inflows into Nueces Bay using salinity levels as an indicator of freshwater movement. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report (http://lighthouse.tamucc.edu/salrel) produced by CBI and the Nueces River Authority (NRA) shows the current freshwater relief status. The City has designed and built a diversion channel and pumping system that, when activated, pumps freshwater from the Nueces River into the Nueces delta and adjacent wetlands starting at the head of the Rincon Bayou channel. The freshwater diversion pumping system is designed to redirect freshwater flowing into Nueces Bay proper to the Nueces Delta in order to most effectively utilize available freshwater by diverting it to the area with the most potential for increased biological productivity. Currently, UTMSI, HRI, and CCS are conducting long-term ecological studies of the effects of this diversion. Two salinity monitoring stations (NUDE2: 27° 53' 19" N, 97° 34' 10" W and NUDE3: 27° 53' 1" N, 97° 31' 59" W) located along the Rincon Bayou were established in 2009 to determine the fate of freshwater diversions from the pipeline. The salinity monitoring stations located in the Nueces Delta are funded by the CBBEP and are not covered in the scope of this proposal but are a part of an overarching hydrodynamic monitoring system. STATION SERVICE AND MAINTENANCE Regular site visits will be made to each water quality station every 2-3 weeks during which the datasondes will be exchanged to prevent inaccurate data due to biofouling. During the site visit, readings will be recorded from the deployed datasonde which will then be replaced with a clean, calibrated datasonde after which readings from the freshly deployed datasonde will be recorded. Independent salinity readings will be taken with a portable refractometer and recorded. Maintenance to the station hardware including cleaning solar panels and replacing damaged components will also be performed during regular site visits as needed. Full inspections will be made annually during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Repair of damaged station components will be performed during regular service visits as needed unless the station damage affects data transmission of the primary data parameters in which an emergency site visit will be conducted. Scheduled site visits may be delayed due to foul weather, vehicle repair, flood conditions, etc. In the event that a service trip is delayed, every effort will be made to complete the scheduled site visit as soon AMEND. NO. 2 EXHIBIT "A" Page 2 of 5 as it is safe and feasible. A short summary of each site visit conducted will be placed on the station's website and made publically available at all times. DATA COLLECTION Each real-time environmental monitoring station has its own webpage created within the website http://cbi.tamucc.edu. A custom computer program, written by staff at CBI, polls each station every six minutes. During a poll, averaged readings from the datalogger will be requested. The averages are then placed into the CBI database and reported on the station webpage so that each value will represent a six minute average. All data stored in the CBI database will be publically available on the Internet at http://cbi.tamucc.edu during the duration of the proposal period. CBI staff performs a quality control check (QC) of all real-time data daily. During a QC, the data will be checked for missing transmissions and data anomalies such as readings outside of a feasible range, readings of a constant value, random spikes, etc. Data anomalies, suspect data, missed transmissions and other factors affecting the data will be posted as a message on each station's webpage. Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average (http://www.nueces-ra.org/CP/CITY/passthru/index.php). Monthly salinity levels in relation to the upper and lower salinity bounds are found at http://lighthouse.tamucc.edu/salrel, and are used to help determine if the City may take credits to offset scheduled freshwater releases from the storage impounds. INSTRUMENT CALIBRATION Hach Hydrolab MS5 Datasonde Hach Hydrolab MS5s will be serviced and calibrated at a wetlab at TAMUCC. During calibration, the instrument will be placed in a known standard for each parameter and set to match its readings to that standard; all calibration standards used will be NIST traceable. The instruments will then be post -calibrated during which the readings for each parameter will be recorded in the same standard in which it was calibrated. The biofouling will then be removed and any maintenance recommended by the manufacturer will be performed. All calibration and post -calibration records will be available upon request. An annual maintenance agreement with HydrotechZS will be purchased which will cover repair/refurbishment to damaged components on the instruments and an annual quality check including a calibration check of the temperature sensor. Documentation from the annual quality check will be retained at CBI and available upon request. REPLACEMENT PARTS AND EQUIPMENT TAMUCC owns and maintains the instrumentation and equipment purchased with funds from this project. In the case of damage, TAMUCC will repair or replace instrumentation as needed to ensure a continuous data collection record as long as enough funds are available. If not enough funds are available, the City will be responsible for replacement or repair of instruments. Replacement equipment will be purchased for this project and kept in inventory until needed. If additional replacement equipment beyond what is kept in inventory is needed, every effort will be made by CBI and the City to replace needed components. AMEND. NO. 2 EXHIBIT "A" Page 3 of 5 COLLABORATIVE MONITORING This proposed continuation of the salinity monitoring program is designed to provide data to support those research efforts currently being done by CCS, UTMSI, HRI, COE, CBBEP, USGS and the City. Should the need or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. SCHEDULE OF WORK AND FEE FOR SERVICES The Conrad Blucher Institute for Surveying and Science at Texas A&M University — Corpus Christi hereby agrees for the duration of one year (1 October, 2015 through 30 September, 2016) to perform all services necessary to provide water quality monitoring, as described in this proposal. The budget for 1 October, 2015 through 30 September, 2016 is $96,428 and is outlined below. The total award amount will be invoiced in equal, monthly installments over the twelve month period of this contract. A new proposal will be provided for each year of continuing service. AMEND. NO. 2 EXHIBIT "A" Page 4 of 5 Budget Summary TOTAL Salaries & Benefits $51,291 Travel Pool $6,870 Supplies $7,000 Other Expenses (IP modem fee, freight service $6,800 wa rra nty) Indirect $24,467 TOTAL $96,428 AMEND. NO. 2 EXHIBIT "A" Page 5 of 5 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for. Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPPLIER NUMBER TO BE ASSIGNED BY CITY- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi 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: Conrad Blucher Institute at Texas A&M University -Corpus Christi P. O. BOX: STREET ADDRESS: 6300 Ocean Drive, Unit 5799 CITY: Corpus Christi FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other ZIP: 78412 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 havirT 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 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. Vice President for Research, Certifying Person: Dr. Luis Cifuentes Title: Commercialization, & Outreach (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 1‘151 Corpus Chrsti Capital Programs Nueces Bay System Salinity and Freshwater Inflow Monitoring Council Presentation August 18, 2015 Project Scope Corpus Chr sti Capital Programs Purpose: • The project was initiated as part of the Agreed Order between the City and Texas Natural Resource Conservation Commission for fresh water inflow from City's reservoir system. Scope: • Real-time monitoring and data collection • Regular site visits for routine maintenance and repairs of three monitoring stations; • Instrument calibration, replacement parts and equipment; • Monitoring includes salinity, specific conductance, water temperature, dissolved oxygen, PH value, and water depth. Project Schedule Corpus Chr'sti Capital Programs Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Monitoring Services Project Duration: October 1, 2015 to September 30, 2016 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 18, 2015 Action Item for the City Council Meeting of August 25, 2015 DATE: TO: Ronald L. Olson, City Manager July 21,2015 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., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Enqineerinq Monitorinq Contract Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2015-2016 CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 5 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $99,593 for a total restated fee not to exceed $654,674 for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2015- 2016. PURPOSE: The purpose of this agenda item is to obtain authority to execute a monitoring contract for the Conrad Blucher Institute at Texas A&M University -Corpus Christi for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2015-2016. This allows better analysis of water quality, water consumption rate and prediction for the City. BACKGROUND AND FINDINGS: This amendment provides for continued (5th year) services for the thirteen "Real -Time" environmental monitoring stations. Services include Nueces River water quality, Oso Creek water level & City of Corpus Christi meteorological Monitoring, data collection with results placed on the website of Conrad Blucher Institute (CBI), field work with routine maintenance and repairs, instrumentation calibration, and replacement of miscellaneous parts. This project originated in August 2011 to better analyze the water quality, water consumption rates with meteorological data. In February 2012, the City awarded CBI with an Amendment No. 1 contract to initiate a watershed monitoring program with locations in Nueces River, Oso Creek, and Corpus Christi. The contract term of Amendment No. 1 was from March 1, 2012 to February 28, 2013. In March 2013, the City awarded CBI with an Amendment No. 2 contract to continue the same monitoring program with a contract term of March 1, 2013 to July 31, 2013. In November 2013, the City awarded CBI with an Amendment No. 3 contract to continue to maintain environmental monitoring stations and provide watershed monitoring services for the Nueces River, Oso Creek and the City of Corpus Christi. The contract term of this amendment was from November 15, 2013 to July 31, 2014. In September 2014, the City awarded CBI with an Amendment No. 4 contract to continue to maintain environmental monitoring stations and provide watershed monitoring services for the Nueces River, Oso Creek and the City of Corpus Christi. The contract term of this amendment was from August 1, 2014 to July 31, 2015. This contract, Amendment No. 5, allows CBI to continue to maintain and monitor thirteen environmental monitoring stations and provide watershed monitoring services for the Nueces River, Oso Creek and the City of Corpus Christi. The contract term of this amendment is from August 1, 2015 to July 31, 2016. ALTERNATIVES: 1. Authorize the execution of the monitoring contract. 2. Do not authorize the execution of the monitoring contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department Environmental and Strategic Initiatives FINANCIAL IMPACT: ❑0peratin ❑ Revenue ❑Capital ❑ Not aoolicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $555,081.00 $130,122.00 $685,203.00 Encumbered / Expended Amount $555,081.00 $555,081.00 This Item $99,593.00 $99,593.00 Future Anticipated Expenditures This Project $30,529.00 $30,529.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Water Operating Comments: The contract amendment will result in an amount not to exceed $99,593. RECOMMENDATION: City Staff recommends approval of Amendment No. 5 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $99,593 for a total restated fee not to exceed $654,674 for the Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2015-2016. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2015-2016 FUNDS AVAILABLE: Water Operating $685,203 FUNDS REQUIRED: *Original (Conrad Blucher Institute, TAMU-CC) $92,355 **Amend. No. 1 (Conrad Blucher Institute, TAMU-CC) $224,794 ***Amend. No. 2 (Conrad Blucher Institute, TAMU-CC) $46,112 ****Amend. No. 3 (Conrad Blucher Institute, TAMU-CC) $93,381 *****Amend. No. 4 (Conrad Blucher Institute, TAMU-CC) $98,439 Amend. No. 5 (Conrad Blucher Institute, TAMU-CC) THIS CONTRACT $99,593 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $9,714 Engineering Services (Project Mgmt) $18,040 Misc $2,775 TOTAL $685,203 PROJECT BUDGET BALANCE $0 *Original Contract approved by City Council on August 30, 2011 by Motion No. M2011-187. **Amendment No. 1 approved by City Council on February 28, 2012 by Motion No. M2012-047. ***Amendment No. 2 administratively approved on April 17, 2013 ****Amendment No. 3 approved by City Council on November 12, 2013 by Motion No. M2013-171 *****Amendment No. 4 approved by City Council on September 16, 2014 by Motion No. M2014-120 ,.. f y E' m .. 1 r r a�I, i o'_.-.J v `' . " r r—ll1 `� " r��� 1 —1�— —1/41 1 ` %1 . 1 r J 1- .11. .1/4, .3ay'adi Twi ` --rso METEOROLOGICAL STATIONS WATER QUALITY STATIONS ME WATER LEVEL STATIONS LOCATION MAP NOT TO SCALE PROJECT: 8443 Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2015-2016 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 CITY OF CORPUS CHRISTI CONTRACT FOR MONITORING SERVICES AMENDMENT NO. 5 The City of Corpus Christi, Texas hereinafter called "CITY", and the Conrad Blucher Institute at Texas A&M University -Corpus Christi, hereinafter called "CBI," agree to the following amendment to the Contract for Monitoring Services for Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2015-2016 (Project No. 8443), as authorized and amended by: Original A/E Agreement August 30, 2011 Motion No. 2011-187 $92,355.00 Amendment No. 1 February 28, 2012 Motion No. 2012-047 $224,794.00 Amendment No. 2 April 17, 2013 Administrative Approval $46,112.00 Amendment No. 3 November 12, 2013 Motion No. 2013-171 $93,381.00 Amendment No. 4 September 16, 2014 Motion No. 2014-120 $98,439.00 Exhibit "A",SECTION II. SCOPE OF SERVICES shall be amended to include the additional tasks as described in Amendment No. 5 Exhibit "A". Exhibit "A", SUMMARY OF FEES shall be modified and is attached as Amendment No. 5 Exhibit "A" for a revised fee not to exceed $99,593.00 (Ninety -Nine Thousand Five Hundred Ninety -Three Dollars and Zero Cents), for a total restated fee not to exceed $654,674.00 (Six Hundred Fifty -Four Thousand Five Hundred Ninety -Three Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the August 30, 2011 contract between the City and CBI, and any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI TEXAS A&M UNIVERSITY -CORPUS CHRISTI J. H. Edmonds, P.E. (Date) Director of Capital Programs RECOMMENDED Operating Department APPROVED AS TO LEGAL FORM (Date) Assistant City Attorney (Date) for City Attorney APPROVED Office of Management and Budget (Date) ATTEST Rebecca Huerta, City Secretary Larry Lloyd (Date) Research Specialist II Conrad Blucher Institute for Surveying and Science Texas A&M University — Corpus Christi 6300 Ocean Drive, Unit 5799 Corpus Christi, Texas 78412 (361) 825-5759 Office Larry.Lloyd@tamucc.edu Dr. Luis Cifuentes (Date) Vice President for Research, Commercialization and Outreach Project No: 8443 Accounting Unit: 4010-31501-063 Account: 530000 Activity: 180227014010 EX P Account Category: 30000 Fund Name: Water Operating K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8443 RINCON BAYOU DIVERSION -SALINITY & FRESHWATER INFLOW MONITORING\WATER QUALITY MONITORING\AMENDMENT NO. 5\CONTRACT\CONTRACT. DOCX CONRAD BLUCHER INSTITUTE FOR SURVEYING AND SCIENCE Mr. Gabriel Ramirez 2726 Holly Rd. City of Corpus Christi Corpus Christi, TX 78415 Dear Gabriel Ramirez: Larry Lloyd Research Specialist II Conrad Blucher Institute for Surveying and Science College of Science and Engineering 6300 OCEAN DRIVE, UNIT 5799 CORPUS CHRISTI, TEXAS 78412 0 361.825.5759 ' C 361.438.6594 7 July, 2015 The statements of work covered herein are submitted to the City of Corpus Christi Utilities Department (CCUD) for consideration. These statements will constitute a fee for services rendered by the Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University - Corpus Christi (TAMUCC). Included is an outline of our scope of work and budget to continue to maintain operation of environmental monitoring stations in the Nueces River, Oso Creek and within the City of Corpus Christi under. The following scope of work and budget will reflect an amendment to allow for continuation of the project. PROPOSED SCOPE OF WORK FOR NUECES RIVER WATER QUALITY, 050 CREEK WATER LEVEL AND CITY OF CORPUS CHRISTI METEROLOGICAL MONITORING: 2015-2016 SUMMARY Thirteen real-time environmental monitoring stations in the Nueces River, Oso Creek and the City of Corpus Christi will continue to be covered under this agreement. Station service includes exchange of water quality datasonde instruments with a freshly calibrated unit and factory recommended maintenance of water level and meteorological monitoring instrumentation. All meteorological monitoring stations will report air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. In addition to these parameters, water level stations will report water level and stage height and water quality stations will report water temperature, salinity, specific conductance, pH, dissolved oxygen and turbidity. All data will be available in graphical and tabular format on CBI's website (http://cbi.tamucc.edu) for the duration of the project period. This proposal covers a period of 1 year. RESEARCH OBJECTIVES Nueces River Water Quality Monitoring Three water quality stations are located along the lower Nueces River at the Wesley Seale Dam (28° 2' 32" N 97° 52' 5" W), Nueces River Estates (27° 56' 4" N 97° 48' 8" W) and at the Nueces River intake station (27° 52' 2" N 97° 38' 1" W). These stations consist of a Hach Hydrolab MS5 datasonde, Vaisala WXT-520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system and will report water temperature, salinity, conductivity, pH, dissolved oxygen, turbidity, air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. The Nueces River Water Quality AMEND. NO. 5 EXHIBIT "A" Page 1 of 6 stations assist the CCUD in more efficiently treating public water through the monitoring of the water quality, specifically the turbidity, entering the O.N Stevens Water Treatment Plant. Oso Creek Water Level Monitoring Three water level monitoring stations are located on bridges along the Oso Creek at Saratoga Rd. near Calle Cuermavaca (^'27° 43' 18.26" N 97° 27' 28.55" W), Weber Rd. near Yorktown Blvd. (^'27° 41' 19.82" N 97° 25' 45.36" W) and at Staples St. near Oso Pkwy. (^'27° 39' 24.89" N 97° 24' 5.89" W). These stations consist of a Campbell Scientific CS -475 radar water level sensor, Vaisala WXT-520 weather transmitter, IP modern, Campbell Scientific CR1000 datalogger, and photovoltaic power system and will report water level and stage height, air temperature, liquid precipitation, barometric pressure and relative humidity. The Oso Creek water level stations will assist the CCUD in predicting water consumption rates and provide meteorological information to residents by measuring rainfall and water level. Corpus Christi Meteorological Monitoring Seven meteorological stations are located throughout the City of Corpus Christi at water utilities, Parks and Recreation Department and Texas A&M University — Corpus Christi properties located at Up River Rd. near Rand Morgan (27° 49' 55" N 97° 33' 5" W), Navigation Blvd. near Agnes St. (27° 47' 18" N 97° 27' 10" W), Holly Rd. near Everhart Rd. (27° 42' 12" N 97° 23' 13" W), Ocean Dr. at TAMUCC (27° 42' 54" N 97° 19' 43" W), S.P.I.D. at Flour Bluff Dr. (27° 40' 31" N 97° 17' 44" W), San Dollar Ave. near Verdemar Dr. (27° 37' 33" N 97° 13' 13" W) and at the Nueces River pump station (27° 52' 4.2" N 97° 37' 54.5" W). These stations consist of a Vaisala WXT-520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger and a photovoltaic power system and reports air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. STATION SERVICE AND MAINTENANCE Nueces River Water Quality Monitoring Regular site visits will be made to each water quality station monthly during which the datasondes will be exchanged to prevent inaccurate data due to biofouling. During the site visit, readings will be recorded from the deployed datasonde which will then be replaced with a clean, calibrated datasonde after which readings from the freshly deployed datasonde will be recorded. Independent turbidity readings will be taken with a portable turbidimeter and recorded. Maintenance to the station hardware including cleaning solar panels and replacing damaged components will also be performed during regular site visits as needed. The weather transmitter on all water quality stations will also be cleaned and the component WXT-PTUSP will be replaced every two years as recommended by the manufacturer. Data from the weather transmitter will be recorded and the air temperature, wind speed and barometric pressure will be measured with an independent instrument and recoded during each site visit. Full AMEND. NO. 5 EXHIBIT "A" Page 2 of 6 inspections will be made annually during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Repair of damaged station components will be performed during regular service visits as needed unless the station damage affects data transmission of the primary data parameters in which an emergency site visit will be conducted. Scheduled site visits may be delayed due to foul weather, vehicle repair, flood conditions, etc. In the event that a service trip is delayed, every effort will be made to complete the scheduled site visit as soon as it is safe and feasible. A short summary of each site visit conducted will be placed on the station's website and made publically available at all times. Oso Creek Water Level Monitoring Regular maintenance to water level stations will be conducted every six months. Leveling by CBI will be conducted annually during a regular visit at each water level station to ensure accurate data is being reported. During a leveling site visit, a leveling gun will be used to accurately measure the horizontal and vertical distance between a fixed point and a point on the water level sensor so that the water level can be accurately reported from the NAVD88 datum. Leveling site visits will continually monitor and document any drift in the distance from the fixed point to the water level sensor so that correction can be made to the data if needed. A full annual inspection will also be made annually during a regular site visit during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken, the sensor orientation will be checked and the desiccant will be replaced. The creek stage height directly below the sensor will also be measured and the stage offset value will be updated in the water level sensor. One emergency site visits have been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. Corpus Christi Meteorological Monitoring Regular maintenance to meteorological stations will be conducted every 12 months. One site visit has been budgeted by CBI to conduct a full inspection during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. One emergency site visit have been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. DATA COLLECTION Each real-time environmental monitoring station has its own webpage created within the website http://cbi.tamucc.edu. A custom computer program, written by staff at CBI, polls each AMEND. NO. 5 EXHIBIT "A" Page 3 of 6 station every six minutes. During a poll, averaged readings from the datalogger will be requested. The averages are then placed into the CBI database and reported on the station webpage so that each value will represent a six minute average. All data stored in the CBI database is publically available on the Internet at http://cbi.tamucc.edu and will be available for retrieval during the duration of the proposal period. CBI staff performs a quality control check (QC) of all real-time data daily. During a QC, the data will be checked for missing transmissions and data anomalies such as readings outside of a feasible range, readings of a constant value, random spikes, etc. Data anomalies, suspect data, missed transmissions and other factors affecting the data will be posted as a message on each station's webpage. INSTRUMENT CALIBRATION Hach Hydrolab MS5 Datasonde Hach Hydrolab MS5s will be serviced and calibrated at a wetlab at TAMUCC. During calibration, the instrument will be placed in a known standard for each parameter and set to match its readings to that standard; all calibration standards used will be NIST traceable. The instruments will then be post -calibrated during which the readings for each parameter will be recorded in the same standard in which it was calibrated. The biofouling will then be removed and any maintenance recommended by the manufacturer will be performed. All calibration and post - calibration records will be available upon request. An annual maintenance agreement with HydrotechZS will be purchased which will cover repair/refurbishment to damaged components on the instruments and an annual quality check including a calibration check f the temperature sensor. Documentation from the annual quality check will be retained at CBI and available upon request. Vaisala WXT-520 Weather Transmitter The Vaisala WXT-520 weather transmitter does not require a regular calibration. However, the replacement part WXT-PTUSP contains calibration data and will be replaced every two years as recommended by the manufacturer for accurate data collection. Campbell Scientific CS475 Radar Water Level Sensor The Campbell Scientific CS475 Radar Water Level Sensor does not require a regular calibration. However, the sensor will be checked for accuracy during annual inspections and will be sent back to the manufacturer for a quality check if the data provided by the sensor becomes suspect. REPLACEMENT PARTS AND EQUIPMENT TAMUCC owns and maintains the instrumentation and equipment purchased with funds from this project. In the case of damage, TAMUCC will repair or replace instrumentation as needed AMEND. NO. 5 EXHIBIT "A" Page 4 of 6 to ensure a continuous data collection record as long as enough funds are available. If not enough funds are available, the CCUD will be responsible for replacement or repair of instruments. Replacement equipment will be purchased for this project and kept in inventory until needed. If additional replacement equipment beyond what is kept in inventory is needed, every effort will be made by CBI and the CCUD to replace needed components. COLLABORATATIVE MONITORING This proposed installation and maintenance of environmental monitoring stations will be designed to provide data to support those research efforts currently being done by the CCUD and the Nueces River Authority (NRA). The CBI will work with staff at the CCUD and NRA to provide data, information, instructions, etc. that will help them gather the resources needed to conduct research. Should the need or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. SCHEDULE OF WORK AND FEE FOR SERVICES The Conrad Blucher Institute for Surveying and Science at Texas A&M University — Corpus Christi hereby agrees for the duration of one year (1 August, 2015 through 31 July, 2016) to perform all services necessary to provide environmental monitoring, as described in this proposal. The budget for 1 August, 2015 through 31 July, 2016 is $99,593 and is outlined below. The total award amount will be invoiced in equal, monthly installments over the twelve month period of this contract. A new proposal will be provided for each year of continuing service. AMEND. NO. 5 EXHIBIT "A" Page 5 of 6 BUDGET SUMMARY TOTAL Salaries & Benefits $57,887 Travel Pool $1,736 Supplies $5,500 Other Expenses (IP modem fee, freight service, $9,200 wa rra nty) Indirect $25,270 TOTAL $99,593 AMEND. NO. 5 EXHIBIT "A" Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for. Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPPLIER NUMBER TO BE ASSIGNED BY CITY- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi 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: Conrad Blucher Institute at Texas A&M University -Corpus Christi P. O. BOX: STREET ADDRESS: 6300 Ocean Drive, Unit 5799 CITY: Corpus Christi FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other ZIP: 78412 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 havirT 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 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. Vice President for Research, Certifying Person: Dr. Luis Cifuentes Title: Commercialization, & Outreach (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g - "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Corpus Chrsti Capital Programs Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2015-2016 Council Presentation August 18, 2015 Project Scope Corpus Chr sti Capital Programs Project significance: • Project originated in August 2011 to better analyze the water quality, water consumption rates with meteorological data. Scope includes services for 13 environmental stations: • Real-time monitoring services; • Regular site visit and maintenance; • Data collection; • Instrumentation calibration; • Replacement part and equipment; and • Collaborative monitoring services with NRA and CCUD 2 Project Schedule Corpus Chr'sti Capital Programs Aug Sep Oct Nov Dec Jan Fe b Mar Apr May Jun Jul Monitoring Services Project Estimate: August 1, 2015 to July 31, 2016 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 18, 2015 Action Item for the City Council Meeting of August 25, 2015 DATE: TO: Ronald L. Olson, City Manager August 10, 2015 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., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Change Order No. 9 New Broadway Wastewater Treatment Plant CAPTION: Motion authorizing the City Manager or designee to execute Change Order No. 9 with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $668,515.36 for a total restated fee of $51,403,936.57 for the New Broadway Wastewater Treatment Plant. PURPOSE: The purpose of this agenda item is to obtain authority to execute Change Order No. 9 with Graham Construction Services, Inc. for the New Broadway Wastewater Treatment Plant. BACKGROUND AND FINDINGS: This is a Ratification for Change Order No. 9 that consists of various items the contractor was required to perform under field change order to avoid substantial delays and additional cost. Compensation to the contractor for the work performed is required under our contract. The table below presents a summary of work elements. Description Amount New Administration Building improvements included revisions to the fire suppression system, electrical conduit locations, drain line alterations, relocation of SCADA control system to Administration Building, and revisions to the parking areas. $212,037.59 Revisions to Emergency Generator and Automatic Transfer Switch for the communications and controls to improve functionality and operational control. Additional improvements included adding a stair case landing for safety, and additional coating to the SDB polymer containment. $151,296.11 Miscellaneous electrical revisions included lighting alterations, relocation of the blower disconnects, increased analog signals, and power supply to roll - up doors. Other revisions included additional tie-in for a 42 -inch diameter pipe with pipe fabrication and fittings, crane rental, shoring and trench box rentals, temporary effluent by-pass pumping from the new plant UV to the old plant headworks during initial start-up, and additional temporary electrical expenses. $305,181.66 Total $668,515.36 The original construction contract amount for the New Broadway Wastewater Treatment Plant project is $50,456,230. Original Contract Price Increase Change Orders 1 - 8 Change Order No. 9 $50,456,230.00 $279,191.21 $668,515.36 Change Orders 1-9 represent a 1.88% increase in the total construction contract cost. ALTERNATIVES: 1. Authorize the execution of the change order. 2. Do not authorize the execution of the change order. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $63,528,215.00 $10,021,675.00 $73,549,890.00 Encumbered / Expended Amount $63,528,215.00 $63,528,215.00 This Item $668,515.36 $668,515.36 Future Anticipated Expenditures This Project $8,846,575.64 $8,846,575.64 BALANCE $0.00 $506,584.00 $506,584.00 Fund(s): Wastewater CIP #1 This change order will result in the expenditure of an amount not to exceed $668,515.36. RECOMMENDATION: City Staff recommends approval of Change Order No. 9 with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $668,515.36 for a total restated fee of $51,403,936.57 for the New Broadway Wastewater Treatment Plant. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Change Order No. 9 Presentation PROJECT BUDGET New Broadway Wastewater Treatment Plant PROJECT FUNDS AVAILABLE: Wastewater CIP $73,549,890 FUNDS REQUIRED: Construction New Broadway WWTP INCLUDES THIS CHANGE ORDER NO. 9 (Graham)* $51,403,937 Remaining Contingency $3,088,792 Construction Estimate Broadway Effluent Line Rehab (TBD) $2,873,000 Contigency (10%) $287,300 Final Project Cost for Resaca Lift Station Improvements $2,204,788 Engineer Fees for New Broadway: Engineer (Carollo Engineers)** $8,365,162 Engineer (Freese and Nichols)*** $1,837,273 Engineer (Govind Development)**** $497,700 Geotechnical, Foundation, & Pavement Testing (Rock Engineering) $51,595 Construction Materials Testing (Rock Engineering)***** $299,997 Tolunay-Wong $5,465 All Points Environmental $4,527 Maverick Engineering $21,269 Urban Engineering $24,900 Ventura $46,700 Arcadis $9,555 Jackson Walker $17,393 Lloyd, Gosselink, Blevins $123,773 Engineer Fees for Effluent Line Rehabilitation: Engineer (LNV, Inc.)****** $288,974 Engineer (Govind Development) $49,500 Geotechnical Testing (Rock Engineering) $4,900 Construction Materials Testing (Estimate) $10,000 Other: Right of Way Acquisition $24,907 Equipment $1,900 Reimbursements $1,500,000 TOTAL $73,043,306 ESTIMATED PROJECT BUDGET BALANCE $506,584 *Contract awarded on November 10, 2009 by Motion No. M2009-313 **Contract awarded on February 12, 2008 by Motion No. M2008-033 ***Contract awarded on February 12, 2008 by Motion No. M2008-034 ****Contract awarded on September 16, 2008 by Motion No. M2008-249 *****Contract awarded on November 10, 2009 by Motion No. M2009-315 ******Contract awarded on November 8, 2011 by Motion No. M2011-249 New Broadway Wastewater Treatment Plant CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Date of Issuance: February 25, 2015 Change Order No. _9 REV. la Effective Date: Protect NBWMP owner. City of Corpus Christi Owners Contract No.: 7293 contract New Broadway Wastewater Treatment Plant Construction Mare or coated: Januaty 25, 2010 Convaetc .. Graham Construction Engineers Project No: 7648C.20 The Contract Documents aro modified as follows upon execution of this Change Order: Desaiptiorc This Change Order Is Issued to Include various changes made to the work during the original contract and to be performed by Graham. The Change Order includes the contractor's Change Directives and PCOs as listed In the attached spreadsheet. Attachments: (List documents supporting change): See attached Spreadsheet for contractor's Change Directives 12 and 15, PCOs 81, 84, 85, 86, 88, 89, DOA, BOB, 91, 92, X1, X2, X3, X4, X5, X6, X7, X9, X10, X11. and X12 including descriptions and amounts. Also attached are contractor's supporting documents. CHANGE IN CONTRACT PRICE: Original Contract Price: S 50,456,230.00 / CHANGE IN CONTRACT TIMES: [Increase] [Decrease] from previously approved Change Orders No. 1 to No. 8 $ 279,191.21 Contract Price prior to this Change Order. $ 50,735,421.21 / [increase] [Decrease] of this Change Order: 5 668,515.36 Contract Price Incorporal1ng this Change Order: $ 51,403,936.57 RECO M NDED: By:---C-C�ir+tl Engineer (Authorized Signahae) AC Original Contract Times: ©?^/orknaclays X Calendar days Substantial completion (days or eat: Ph 1: 840 Ph 2: 200 Ready for final payment (days oMI5: Ph 1: 900 Ph 2: 260 [Increase] [Decrease] from previously approved Change Orders No._1 to No. 8 Substantial completion (days): Ph 1: 159 Ph 2: -14 Ready for final payment (days): Ph 1: 159 Ph 2: -14 Contract Times prior to this Change Order, Substantial completion (days cunt: Ph 1: 999 Ph 2: 186 Ready for final payment {days ort: Ph 1; 1059 Ph 2: 246 [Increase] [Decrease] of this Change Order. Substantial completion (days o is Ph 1: NA Ph 2: NA Ready for final payment (days °In: Ph 1: NA Ph 2: NA Contract Times with all approved Change Orders: Substantial completion (days or M): Ph 1: 999 Ph 2: 186 Ready for final payment (days orin: Ph 1: 1059 Ph 2: 246 �� t Ovine( (A48 JtYiC +�I VrD�rkYnS � Date: .; /z. 5 Deie: Approved by Ft )lag 6-- P. -1 S- Contractor (Authorized signature) EJCDC No. C-941 (2002 Edition) Prepared by the Enaineen' Joint Contract Documents Committee and endorsed by the .Associated General Car;#raetonyjAmerica and the Construction Specifications institute. C� 4249-042 550910 190130014249ExP 50910 flECEIVE MAY 01 2015 BY: /1-6 Attachment to Change Order 9 Rev 1 Listing Applicable PCOs and Descriptions 02-24-15.xlsx Change Order Status Description Amount Paid to Date Remaining Status Area SS (SDB)-Add light fixture, relocate Change Directive 12 [additional light fixture. $6,788.82 $0.00 $6,788.82 Carollo requested a Cost Proposal to add the following work to the contract in Area 55 (SDB). 1- Relocate one light in the area of the jib crane (Sheet 55 -M - 04, Section DJ. 2 -Provide an additional wall mounted light. PCM 44. 'Areas 22 and 56 -Seal Change Directive 15 'atop of filter room walls. $7,004.38 $0.00 $7,004.38 Carollo requested a Cost Proposal to add the following work to the contract in Areas 22 (ECR -1) and 56 (ECR -2). Provide 3M Brand Fire Barrier Sealant FireDam 150+ Caulk at the top of the filter room walls to close the air gap. PCM 45. Admin Bldg Steel PCO 81 Panels $16,021.65 $0.00 $16,021.65 This is regarding the steel panels for the Administration Building northeast stairway tower. Drawing 61-5-07 Section 19 calls for 20 GA. Galvalume R - Panel at the Admin Stair Tower roof. Specification 07411, 2.06 Metal Roof Panels specifies 22GA. Standing Seam panels. Carollo sub LNV advised Graham to use 22GA standing seam panels with a new screw pattern and addition of wall studs for attachment. RFI 246. Relocate ECR -1 Blower PCO 84 I Disconnects $4,582.16 $0.00 $4,582.16 The CM team, contractor, and City Operations personnel met on site at ECR -1 to discuss the placement of the blower disconnects and equipment stands at ECR -1. The group agreed to relocate disconnects and equipment stands to the opposite side of each blower. PCM 84. PCO 85 UT Level XdcrAnalog Signal $6,063.57 50.00 56,063.57 The ultrasonic level sensors in the UV structure require a 24VDC power source to send an analog signal back to the controller. The 24 volt power was included on the conduit schedule but the analog signal was not. A two -wire shielded cable was added to the power supply for correct operation. PCO 86 Add Coating at SDB Polymer Containment $11,387.85 $0.00 $11,387.85 The drawings did not detail all locations for the protective coating in the polymer handling areas. The intent was for the coating to be under locations with possibility of polymer spills. Unistrut containment bars were also added to keep the polymer from getting to areas outside of the collection trench. PCM 48 (PCO 88) Fire ',Suppression Coring @ PCO 88 Admin $29,361.20 $0.00 529,361.20 Carollo requested a cost proposal to install a dry pipe fire suppression system in the garage area and identify impacts to the fire suppression system. The objective was to reduce ongoing maintenance issues for a wet pipe system in that environment. RFI 312. IECR 130 Inch Spool PCO 89 Pieces 59,906.94 $0.00 59,906.94 Purchase of spool pieces to install in the 30 inch air pipe at ECR 1 in lieu of expansions joints. Electrical reroute @ PCO 90A Admin Bldg 5103,771.60 $0.00 $103,77160 Move the electrical conduits in the parking area due to height restrictions. All identified alternatives to this relocation have been eliminated as possibilities. Page 1 2/24/2015 Attachment to Change Order 9 Rev 1 Listing Applicable PCOs and Descriptions 02-24-15.xlsx Drain Line reroute and PCO 908 cores @ Admin Bldg 517,882.07 50.00 517,882.07 Drain line reroute to avoid conflict with fire suppression system. Carollo sub LNV requested a cost proposal for coring and rerouting of pipes to avoid conflict with the fire suppression system. RFI 301. PCO 91 42" Tie In $125,000.01 50.00 5125,000.01 Graham started work but was requested to not complete it. Includes sunk costs to date for pipe fab and fittings, shoring and trench box rental, rental of excavator, excavation, rental of crane, etc. Change Directive 21. Motorized Overhead PCO 92 Doors SDB/HW 527,717.69 50.00 527,717.69 Power to the roll up doors at the SDB and the headworks was riot included in the drawings. Carollo sub Mike Colwell reply gave routing and circuit connection instructions. RFI 385. SATS Mods in ECR -1 for PCO X1 Generator 555,000.23 50.00 555,000.23 This is for additional programming and modifications to the automatic transfer switch in ECR -1 to provide.greater exercising functionality. These changes were provided by Carollo sub Mike Colwell in the March/April 2014 time frame. Generator Switchgear PCO X2 Communications 515,000.14 50.00 515,000.14 This is to add additional communications in the generator/switchgear interface regarding parameters for auto switch over. In the March/April 2014 meetings on the generator changes related to PCO -X1, including Carollo sub Mike Colwell, it was determined this additional connection was required. ECR -1 Stair Landing PCO X3 Design $5,000.67 $0.00 55,000.67 There was a mismatch between the NW stair final landing and the achievable drive elevation to meet drainage requirements. Carollo advised via email that a step be constructed using standard details. SCADA Programming PCO X4 Changes 555,000.28 $0.00 555,000.28 Changes to the SCADA programming beyond those originally identified during the configuration meetings and witnessed FAT testing in December 2012 and January 2013. PCO X5 SCADA Relocation 515,000.50 50.00 515,00030 Relocation of SCADA from the temporary location in the old plant to the Administration Building. Plant Power Cost PCO X6 during Construction 540,000.43 50.00 540,000.43 This is to cover energy costs during the operating phase of the construction. The owner is responsible for power costs for the start up and commissioning phases. Specification 01110 Section 1.08E. Admin Bldg Parking PCO X7 Fire Alarm 530,000.57 50.00 $30,000.57 The RFI requested CAD drawings for the parking garage area as it was beyond the original scope and the fire marshal was requiring annunciators in the garage. Carollo said the system needed to conform to code requirements and was the responsibility of the fire system engineer. RFI 393. Page 2 2/24/2015 Attachment to Change Order 9 Rev 1 Listing Applicable PCOs and Descriptions 02-24-15.xlsx PCO X9 ,RAS Spool Mods 57,475.11 50.00 $7,475.11 There was a bust in the coordinates of the pipe going from the Ameron to the pump station. This resulted in about a 6' change to the connecting pipe. Field discussions took place between Graham and Carollo at time of occurrence. PCO X10 ISS Pole Brackets 56,844.15 $0.00 56,844.15 This is regarding the attachment of light standards on gratings. Carollo stated it would be covered in a change directive. RFI 372. PCO X11 ECR -1 Deck Drains 514,968.27 $0.00 514,968.27 In response to standing rain water on the west deck of ECR -1, Carollo requested installation of deck drains with detailed instructions on how to install the drains. RFI 370. PCO X12 Baker Pump Rental $58,737.07 50.00 $58,737.07 This is for the temporary pumping of the effluent from the UV in the new plant to the inlet for the headworks at the old plant during initial startup. Totals $668,515.36 $0.00 5668,515.36 Page 3 2/24/2015 Change Directive 12 Area 55 (SDB)- Add light fixture, relocate light fixture. Carollo requested a Cost Proposal to add the following work to the contract In Area 55 (SDB). 1 - Relocate one light in the area of the jib crane (Sheet 55-M-04, Section D). 2 -Provide an additional wall mounted light. PCM 44. PROPOSED CONTRACT MODIFICATION FREESIE. a 1 4055 ri teraational Pima, Suite 200 + rott Worth, Term 70109 • 817.735.7300 + lax 811.735.7491 Owner: City of Corpus Christi Contractor: Graham Construction Protect Name: New Broadway WWTP Prolect Engineer/CM: Carob / Freese and Nichols PCM Title: Add and relocate Tight fixture in area S5 PCM Description: Date: 9/9/13 PCM No: 44 Ref: CD -12 On January 17, 2013, Camillo Engineers requested that Graham Construction provide a Cost Proposal to acid the following work to the contract in Area 55 (Sludge Dewatering Building): 1. Relocate the currently Installed light in the location of the jib crane (Sheet 55-M-04, Section D) to allow for future Installation of the crane. The light should be moved to the left of the column (mounted on the wall) In line and same height with the column mounted light directly to the north. 2. Provide an additional wall mounted Tight to the right of the column (mounted on the wall) in line and same height with the column mounted Tight directly to the north. The Contractor's cost proposal has been reviewed by the CM Team and Owner. Reference the cost summary below and attached change directive for the details of the proposed change to the contract. Construction Manager's Request: - Provide a cost/time proposal for the work described in change directive number 12. By: Rene Aguilar Date: 1/17/13 Contractor's Response: Reference attached change directive number 12 pricing breakdown. - Change In Contract Cost: ADD $6788.82 Change in Contract Time: NO CHANGE IN CONTRACT TIME RECOMMENDED f3Y APPROVED BY APPROVED BY Adam Payne, CCM John Crowell, P.E. Govind Nadkarni, P.E. Construction Manager Contractor Owne ' f -4, tt t I3 ^"} A %i -- J' / ( 9/4)1V '(`St natureDate SI nature Date Signature Date Carollo Program,Corpus Christi New Broadway WWTP Page 1 of 1 Change Directive # 12 Carollo Program Corpus Christi New Broadway WWTP a,., Ireett Ie* Area 55: Relocate & Add Light Fixture (Intermediate Level) 'Submitted: Submitted To: 02/19/2013 Carollo Engineers,City of Corpus ChristI,Colwell& Assoclates,Oraham Construction,LNV Revision Date: Status: Pending Priority: High Pending On Org: Graham Construction Created By: Carollo Engineers, Rene Aguilar Created: 01/17/2013 Design Clarification: Submitted By Rene Aguilar, Carollo Engineers (01/17/2013): The Contractor Is directed to provide the following adjustments to the lighting fixtures within Area 65 Sludge Dewatering Building al the intermediate level only: 1. Currently have a light installed in the location of the Jib crane (Sheet 554•04, Section D) that will need to be refocated to for the Instailation of the jib crane. See revised installation location attached. 2. Relocate the above light to the left of the column (mounted on the wall) In line and same height with the column mounted fight directly to the north. See revised installation Location attached. 3. Provide an additional wall mounted light to the right of the column (mounted on the wall) In line and name height with the column mounted light directly to the north. See revised installation location attached. The Contractor is requested to provide a Cost Proposal for the above to the CM Team for review. Locations 17 -Sludge Dewatering Building References Specification # 16500 Drawing d 245.55•M•04 Fifes Lighting Published Published CD No 12- Area 55 Ltghts.pdf 1.2 MB Revised Sheet 55•E•05, locations of wall mounted lights in Area 55. ltttps://ccnbwwtp.eadocsoftware.com/exportresult.htm?projected=2&reporttype=document&... 6/6/2013 (GRAHAM August 22, 2013 Freese and Nichols. 946 Resaca Street Corpus Christi, TX 78401 Attention: Steve Eckersley, P.E. RE: New Broadway WWTP; Graham New Broadway response to Change Directive No. 12 Area 55 SDB Relocate and Add Light Fixture SDB intermediate level Mr. Steve Eckersley P.E. Graham has been requested to provide an estimated cost to relocate one Tight fixture and to provide an additional tight circuit and fixture on the intermediate level of the Sludge Dewatering Building. Attached you will find the Graham CD -12 Area 55 Relocate and Add Light Fixture SDB intermediate level estimate along with the details of the Electrical Subcontractor estimate. The estimated cost for this change is $6,788.82. Please contact me if you have any questions on this matter. Thank you. Sincerely, GRAHAM CONSTRUCTION SERVICES, INC. John Crowell P.E. Sr. Project Manager Site Office: 361-881-1279 Cell: 361-446-6430 CC: Greg Ritke, Graham Construction Services, Inc. Patrick Phelps, Graham Construction Services, Inc. Graham Construction Services, Inc. 2995 Lone Oak Circle, Suite 1, Eagan, MN 55121 5 h• y. V -t I. ( ey I N N •ry o SPp. N N 0 „ V `r'1 0 �`„ N tpppp�s���•• g T ry R- pV �F p 8 $ 8 t 151 8 53 2:1 VI N f, R. Ow N ...9 O h 'tel •/�1 H N N t. N E H n. r a U FA Yf 11 N psyrul Equip Sub thit Total Taxa & labor Un ►rrrs Priv Labor laruriacc w!?T1 50.00 - 50.00 530.00 512.00 542.00 50.00 50.00 _ 50.00 50,00 50.00 50.00 50.00 50.001 50.00 50.00 50.00 50.00 50,00 50.00 1 50.00 1 50.00 50,00 ' SD.00 50.00 50.00 50,00 55.346.00 50.00 50,005O.00j 50.00 50,001 50.00 50.00 50.00 50.00 I 50.00 50,00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50,00 50.00 50,00_ 50.00 50,00 50,00 50.00 50.001 5120.00 50.00 50.00 50.001 50.00 50.00 50.00 50.00 50.00 50-00 1 50.00 50.00 SO.nS 1 50.00 50.00 50.001 I I I I l ,, 01 r. .4 1.4 8. 01 A 1 i. • i I r— I. ; ., y r. L o 588p8p V. N N H of ' - ~0 Po i , Com, 'S. U 0; = g F^ u ® 4 0 8 ... O O pp ppppppgqppap 0 8 0 C o 0 8 o 0 0 8 8 0 0 8 8 0 0 SSS OO O 0 8 8 0 0 0 0 —r— 0 0 0 0 0 C --'1' 0 8 O ij 1 1 _ _..— i V� a I, ? 1 a 0000000000000000000 wo M'!1 M 0 o I N rl a o P,. 0 0 ,41 r, 0 0 F P 0 0 0 A N N 0 ��0 0 f P. r. 0 0 fl C o N N NN fJ ' k. 0 0 o o - I - • ' • J w V q o o'o o 0 o `•N m e� 4 nn 0 ^� C0i C0i vi = 0 0 0 = 0 0 0 0 O ni n �_ 0 0 0 O n 0 $ 0 0 i C b o"•9 G A.- •E u c '0 C= l41 tl {a.. _ •a N o r: _ X h ' d W W X W ` W Vl ri L ..7, F 14 U y Jay U7 a a-• N C 9 4 C 1 Raa a v fA U - rj Vl C. 'j V 0 r f- �. v Change Order Request J K EC C.O.R. # 180018-0019 G.C. ft! Date: 6/27/2013 Project Name: 180018 Broadway WWTP Protect #: 180018 To: Graham Construction Services, Inc. Attn: Kevin Riley 2995 Lone Oak Circle, Suite 1 Eagan , Mn 55121 Phone: (651) 687-0648 Fax: (651) 687-0947 We hereby propose to make the following changes: From: KST Electric KST User 24111 Rand Morgan Road Corpus Christi, TX 78410 Phone: (361) 248-4901 Fax: (361) 248-4906 Change Directive 1112 This price Is for change directive #12. Please note the 4 to 5 week Lead time for additional fixture. Exclusions: overtime, paint, taxes, existing conditions of work area, concrete & CMU cut/core/patch. Change Order Price Original Contract Amount This price Is good for 5 days. If conditions change, this price is void. We are requesting a time extension of 42 days in conjunction with this change. KST User 6/27/2013 Author Date Senl $5,346.00 $6,480,000.00 Accepted The above prices and specifications of this Change Order request are satisfactory and are hereby accepted. All work to be performed under same terms and conditions as specified in original contract unless otherwise specified. Authorized Signature Date of Acceptance Page 1 of 1 K Kar aLeptnro,tita KST ELECTRIC a subsidiary of Rosendln Electric CHANGE ORDER SUMMARY SHEET Project Name: Broadway WNTP Change Description: Change Directive 1112 KST Change No,: MATERIAL/QUOTES: Material Total: Material From T&M Recap Sheet: Total Quotes: Total Freight: SUBTOTAL: LABOR: Date: Taxable: No Amount Op Rale Extension Subtotals & Totals $1.628.18 X 1.0 51,628.18 $0.00 X 1.0 $0.00 $0.00 X 1.0 $0.00 $0.00 X 1.0 50.00 $1,628.18 Straight -time Labor: 63.00 X $35.02 $2,206.26 Overtime Labor cr time & one half: 0.00 X $57,31 $0.00 Double Time Labor: 0.00 X $74.50 $0.00 Instrumentation Straight Time Labor: 0.00 X 575.00 $0.00 Total Manhours: 63.00 Labor from Time and Material Sheets: n al Ms & Labor rai ri rlsacnmont 0.00 $0.00 Genera Foreman Straight -lime Labor (10% of Man Hrs): 63.00 6.30 Genera Foreman Straight -time Labor: 6.30 X $57.44 $361.87 Genera Foreman Overtime Labor (10% of Man Hrs): 0.00 0,00 Genera Foreman Overtime Labor @ time & one half: 0.00 X $79.78 $0.00 Genera Foreman Double Time Labor (10% of Man Hrs): 0.00 0.00 Genera Foreman Double Time Labor: 0.00 X $102.12 $0.00 Estimating Time: 0.00 X $71.87 50.00 Mal. Proc. & Handle (5% of Labor Cost): 2,568.13 X 5.00% $128.41 Update As -Built Dwg's: 1.00 X $59.86 559,86 SUBTOTAL: $2,756.40 $2,756,40 DIRECT JOB EXP: Consumables/Expendable Tools (6% of Mal): $1,628.18 X 3.00% $48.85 Drawing Reproduction and or BIM : 50.00 X 1.0 50.00 Safety @ $0.50/MH: 69.30 X 50.50 $34.65 Equipment: $0.00 X 1.0 $0.00 Project Mngml: 5% of Labor: 2,756.40 X 0% $0.00 Total Subcontractors Quotes: $0,00 X 1.0 $0.00 SUBTOTAL Direct Job Exp: $83.50 $83.50 Credit: $0.00 X 1.0 $0.00 $0.00 Material/Labor/DJE'Credit SUBTOTAL: 54,468.07 Warranty: $4,468.07 X 0% $0.00 $0.00 SUBTOTAL: $4,468.07 Material Sales Tax @ 8.25% if Project is Taxable: $1,628.18 X 0.00% $0.00 $0.00 Llability/Builders Risk: $4,468.07 X 2% 589.36 $89.36 SUBTOTAL: $4,557.44 MARK•UPS: Overhead/Profit @ 15% $4,557.44 X 15% $883.62 $683.62 SUBTOTAL: $5,241.05 Total Subcontract Values: 50.00 X 1 $0.00 $0.00 OverheacWProfil for Subcontract @ % X 15% $0,00 $0.00 55,241.05 SUBTOTAL: $0.00 Bond Premium: $5,241.05 X 2.0% 5104.82h $104.82 Lt CHANGE ORDER TOTAL: 35,345.87 Description Quant Trade Price Ur Net Price Labor Unit Total Material Total Hours 1 6"x4"x4" HINGED COVER NEMA 1 1 22.07 E 22.07 1.5 E 22.07 2.63 2 3/4" FORM 9 ALUMINUM LB CONDULET 2 13.44 E 13.44 0.95 E 26.88 3.32 3 3/4" FORM 9 ALUMINUM T CONDULET 1 17.08 E 17.08 1.5 E 17.08 2.63 4 3/4" CLAMP BACK 10 138.52 C 138.52 45 C 13.85 7.88 5 3/4" GRC 1-H STEEL STRAP 10 31.34 C 31.34 6 C 3.13 1.05 6 3/4" MALE UNION 2 19.74 E 19.74 0.75 E 39.48 2.63 7 3/4" ARC (AL) 70 277.27 C 277.27 8.2 C 194.09 10.05 8 3/4" ARC MYERS HUB 2 575.24 C 575.24 30 C 11.5 1.05 9 1/4" SS HEX NUT 25 39 C 39 0 C 9.75 0 10 1/4" SS FLAT WASHER 25 35 C 35 0 C 8.75 0 11 1/4"x2-1/4" SS WEDGE ANCHOR 25 306.81 C 306.81 24 C 76.7 10.5 12 412 THHN/THWN SOLID (30' EA RED, WHITE. GREEN) 90 261.48 M 261.48 9 M 23.5332 0.81 13 412/3C THHN TRAY CABLE 50 1.041 E 1.041 31.5 M 52.05 1.575 14 81-1 YELLOW WIRE CONN 10 13.93 C 13.93 0 C 1.39 0 15 414/12C TRAY CABLE 30 2.884 E 2.884 21 M 86.52 0.63 16 U2 FIXTURE "CROUSE-HINDS" (VMV7L2TW70F/UNV) 1 1041.41 E 1041.41 3.13 E 1041.41 3.13 17 RELOCATE LIGHT 2 0 E 0 3.13 E 0 3.13 18 Misc. Rework 2 0 E 0 6 E 0 12 TOTAL: 1628.1832 63.015 To: KST ELECTRIC/CCTX-ELE CCTX/ELE P.O. BOX 49055 SAN JOSE CA 95161 Attn: DEREK DOYLE Phone: Fax: Email: 1402 LAREDO STREET CORPUS CHRISTI TX 78401.3130 Phone: 361-986.4123 Fox: 301.880.4199 Date: Proj Name: GB Quote #: Valid From: Valid To: Contact: Email: 08/12/2013 "U2" FIXTURE 218017850 08/12/2013 07/12/2013 WILLIAM NAUGLE william.naugle@graybar.com Proposal We Appreciate Your Request end Take Pleasure In Responding As Follows Item Quantity Supplier Catalog Nbr Description Price Unit Ext.Price too 1 EA CROUSE -HINDS VMV5L2TWDM2!UN LT LED VMV5L 3/4 1.11 IN WALL VAC 38 Part #: 26403993 UPC //: 80227023748 $1,041.41 1 $1.041.41 Total In USD (Tax not included): $1,041.41 F 0 B: 4 WORKING WEEK LEAD TIME Tds equrprnent and essodetad trutaoadoa charged mey be Mance! ra o low monthly oaym ei tlsaugh Castor F:nandal Swims Wrtjec: to mods sDprws9. Far roma tnraratlon tee 1.800.241.7408 to spate t 1th a loosing spsdarsl. To learn more about Orayber. visit our website at www.graybar.com 24.Hour Emorgonoy Phonoffi: 1.800.ORAYBAR Subreet to the standud tams and conditions at tools to ods damson. Vries, odluw:sa noted.tratghl turns us F.O.0. iblppbto pobo prepaid end bit Wass rots! mo tutmotod ship dolo ora be determined of tho time or order pttumont. Page 1 of 2 Change Directive 15 Areas 22 and 56 -Seal top of filter room walls. Carollo requested a Cost Proposal to add the following work to the contract in Areas 22 (ECR -1) and 56 (ECR -2). Provide 3M Brand Fire Barrier Sealant FireDam 150+ Caulk at the top of the filter room walls to close the air gap. PCM 45. PROPOSED CONTRACT MODIFICATION FREESE 4055 International Placa, Sullo 200 • fart Worth, loos 76109 • 817.735.7340 • fax 817.735.7491 Owner: City of Corpus Christi Contractor: Graham Construction Project Name: New Broadway WWTP Prosect Engineer/CM: Carollo / Freese and Nichols PCM Title: Seal voids between the top of the filter walls and the roof deck in areas 22 and 56 PCM Description: On June 11, 2013, Carollo Engineers requested that Graham Construction provide a Cost Proposal to acicl the following work to the contract in Areas 22 and 56: Date: 9/9/13 PCM No: 45 Ref: CD -15 1. Provide 3M Brand Fire Barrier Sealant FireDani 150+ Caulk at the top of the filter walls between the underside of the roof decking and the top of the CMU walls to close the open gap and prevent air from passing through and bypassing the wall filters. Provide sealant as needed to seal the gaps (seal one side or both sides as needed). 2. Use other 3M Brand Fire Barrier Sealant FireDam 150+ products to seal the gaps if larger voids are present as needed to prevent air Teaks as Intended. 3. Install 3M Brand Fire Barrier Sealant FireDam 150+ Caulk in accordance with the provided Specification No. 07840. The Contractor's cost proposal has been reviewed by the CM Team and Owner. Reference the cost summary below and attached change directive for the details of the proposed change to the contract. Construction Manager's Request: Provide a cost/time proposal for the work described in change directive number 15. By: Rene Aguilar Date:6/11/13 Contractor's Response: - Reference attached change directive number 15 pricing breakdown. - Change in Contract Cost: ADD $7,004.38 - Change in Contract Time: NO CHANGE IN CONTRACT TiME RECOMMENDED BY APPROVED) BY APPROVED BY Aclam Payne, CCM John Crowell, P.E. Govind Nadkarni, P.E. Construction Manager ontractor Owner `--5 nature lJ Date nature Date Signature Date 'Md./ /.7 i' a'ry .K Carollo Program1Corpus Christi New Broadway WWTP Change Directive # 16 Carollo Program Corpus Christi New Broadway WWIP lirj•S,010 Page 1 of 1 Seal Top of Filter Walls in Area 22 and Area 66 Submitted : 08/11/2013 Carollo Submitted To: Adam Engle eery neFr ese & Nichols Rovision Date: Status: Pending Priority: Low Created By: Created: Carollo Engineers. Rene Aguilar 09/10/2013 Design Clarification: Submitted by Rene Aguilar, Carollo Engineers (08/1012013): The Contractor is requested to provide the following Installation of sealing material at the tops of the filter wails of Area 22 and Area 66 Filter Rooms as noted: 1. Provide 3M Brand Fire Barrier Sealant FireDam 150+ Caulk at the lop of the filter walls between the underside of the roof decking and the top of the cmu walls as shown in the attachments to close the open gap and prevent air from passing through end bypassing the wall filters. Provide sealant as needed to seal the gaps (seal one side or both sides as needed). 2. Use other 3M Brand Fire Barrier Sealant FireDam 150+ products to seal the gaps if larger voids are present as needed to prevent air leaks as Intended. 3. Install 3M Brand Fire Barrier Sealant FireDam 150+ Caulk In accordance with the provided Specification No. 07840 as attached. 4. Contractor to provide cost and lime impacts to the CM Team for review and discussion prior to proceeding with the installation. Locations 10-Switchgear/ECR-1/Aeration Basin/Blower Building 18-ECR-2/Aerated Sludge Basin/Blower Building References Specification # 07020 Drawing # 170-22-S•01 Drawing # 250.58-S-01 Filea interior Joint Sealants Published (Reference Only) See revised attachment Published See revised attachment Published 07840 - Firestopping rev 1.pdf CD 18 Area 22.pdf CO 15 Area 58.pdf 20.00 KB 593.93 KB 413.26 KB Caulking material Specification No. 07840. Area 22 Filter Wall Seal Locations. Area 56 Filter Wall Seal Locations. https://ccnbwwtp.eadocsoftware.com/expotlresult.htm?projectid=2&reporttype=document&docu... 8/19/2013 SECTION 07840 FIRESTOPPING PART 1 - GENERAL. 1,01 SECTION INCLUDES A. Fireproof firestopping and flresafing materials and accessories. 1.02 RELATED SECTIONS A. See construction drawings B. Section 07816 — Sprayed -on Fireproofing 1.03 REFERENCES STANDARDS (Latest Edition) A. ASTM E84 - Test Method for Surface Burning Characteristics or Building Materials. B. ASTM E119 - Method for Fire Tests of Buliding Construction and Materials. C. ASTM E814 - Test Method of Fire Tests of Through -Penetration Firestops. 1.04 PERFORMANCE REQUIREMENTS A. Fireproofing Materials: ASTM E119 end ASTM E814 to achieve a fire rating as noted. 1.05 DEFINITIONS A. Firestopping: A material, or combination of materials, to retain the Integrity of time -rated construction by maintaining an effective barrier against the spread of flame, smoke, and gases. It shall be used in specific locations as follows: 1. Duct, cable, conduit, and piping penetrations through floor slab end through time -rated partitions or fire walls. 2. Openings between floor slabs and curtain walls, Including inside hollow curtain walls at the floor slab. 3. Penetrations of vertical service shafts. 4. Openings and penetrations in time -related partitions or fire walls containing fire doors. 5. Locations where specifically shown on the Drawings or where specified in Schedule of this Section. 1.06 SUBMITTALS A. Product Data: Provide data on product characteristics, performance and limitation criteria. B. Manufacturer's Installation Instructions: Indicate preparation and installation instructions. C. Manufacturer's Certificate: Certify that products meet or exceed specified requirements. 1.07 QUALITY ASSURANCE A Manufacturer Qualifications: Company specializing In manufacturing the products specified in this Section with minimum three years experience. B. Installer Qualifications: Company specializing in performing the work of this Section with minimum 3 years experience and approved by manufacturer. 07840-1 1.08 REGULATORY REQUIREMENTS A. Conform to applicable code for fire resistance ratings and surface burning characteristics. B. Provide certificate of compliance from authority having jurisdiction indicating approval of combustibility. 1.09 ENVIRONMENTAL REQUIREMENTS A. Do not apply materials when temperature of substrate material and ambient air is below 60 degrees F. B. Maintain this minimum temperature before, during, and for 3 days after Installation of materials. C. Provide ventilation In areas to receive solvent cured materials. 1.10 SEQUENCING A. Sequence Work to permit firestopping materials to be Installed after adjacent and surrounding work is complete. 1.11 WARRANTY A. Correct defective Work within a two-year period after Date of Substantial Completion. 1. include coverage for fireproofing to remain free from cracking, checking, dusting, flaking, spoiling, separation, and blistering. 2. Reinstall or repair failures that occur within warranty period. pART2-PRODUCTS 2.01 MANUFACTURERS A. 3M Contractor Products, Product: Firestopping Materials. B. Substitutions: Under Special Provisions requirements. 2.02 MATERIALS A. Firestopping Material shall constitute on or more of the following products, or equal: 1. 3M Brand Fire Barrier Sealant FD 150+ Caulk. 8. Other Requirements 1. Durability and Longevity: Permanent. 2. Side Effects During Installation: Non-toxic. 3. Long Term Side Effects: None.• C. Primer: Type recommended by firestopping manufacturer for specific substrate surfaces. 2.03 ACCESSORIES A. Dam Material: As instructed by manufacturer. B. Retainers: As Instructed by manufacturer. PART 3 - EXECUTION 3.01 EXAMINATION A. Verify site conditions. 07840- 2 B. Verify that openings are ready to receive the Work of this Section. 3.02 PREPARATION A. Clean substrate surfaces of dirt, dust, grease, oil, loose material, or other matter which may affect bond of firestopping material. B. Remove Incompatible materials which affect bond. C. Install backing materials to arrest liquid material leakage. 3.03 APPLICATION A. Apply primer and materials in accordance with manufacturer's instructions. B. Apply firestopping material in sufficient thickness to achieve rating to uniform density and texture. C. Install material al walls or partition openings which contain penetrating sleeves, piping, ductwork, conduit and other Items requiring firestopping. 1. Remove dam material after firestopping material has cured. 3.04 CLEANING A. Clean Work under Special Provisions requirements. B. Clean adjacent surfaces of firestopping materials. 3.08 PROTECTION OF FINISHED WORK A. Protect finished work. B. Protect adjacent surfaces from damage by material Installation. 3.06 FIELD QUALITY CONTROL A. Examine firestopped areas to ensure proper installation prior to concealing or enclosing firestopped areas. 13. Areas of work shall remain accessible until Inspection (and approval) by the applicable code authorities. 3.07 SCHEDULES A. Location: All — 2 hours END OF SECTION 07840- 3 (GRAHAM August 21, 2013 Freese and Nichols. 945 Resaca Street Corpus Christi, TX 78401 Attention: Steve Eckersley, P.E. RE: New Broadway WW1'P; Graham New Broadway response to Change Directive No. 15 Seal Top of Filter Walls in Area 22 and Area 56 Mr. Steve Eckersley P.E. Graham has been requested to provide an estimated cost to Seal Top of Filter Walls in Area 22 ECR1 and Area 56 ECR2. Attached you will find the Graham CD -15 Seal Top of Filter Walls in Area 22 and Area 56 estimate. The estimated cost for this change is $7,004.38. Please contact me if you have any questions on this matter. Thank you. Sincerely, GRAHAM CONSTRUCTION SERVICES, INC. et,(36,de John Crowell P.E. Sr. Project Manager Site Office: 381-881-1279 Cell: 361-446-6430 CC: Greg Ritke, Graham Construction Services, Inc. Patrick Phelps, Graham Construction Services, Inc. Graham Construction Services, Inc. 2995 Lune Oak Circle, Suite. 1, Eagan, MN 55121 New Broadway W WTP. Corpus Cbu4s6, TN C0.15 Scal Top offihor Walls in Am 22 msd Arts 55 Estivate PCM:: RFP): 'r, Rate 0.25% Change D5Oiauan: SalTo0 ofFRuir Drse o............4 W r Os in Arca cee.:. Lax 22 and pry Ara uor 61 55 Avl:4=14 Rate Tool Hams Labor 01,01 Nears Hears Material 1Na Rite Equip 0.15 rice Sob u0a rice Total tabor Parra Tama .9 Imamate tabor Men Material Cost Equipment Cost Sub Cost Toed Cost Estimate 000000on 010:165 IHR 30.00 1.00 1.0000 50.00 50.00 50.00 530.00 512.00 54200 59.00 50.00 30.00 54200 Bedeal Ravivens 0104620 0 HR 75.00 0.00 1.0000 50.00 50.00 50.00 50.00 50.00 50.00 30.00 50.00 50.00 50.00 Forman 0104130 30 HR 37.50 30.00 1.0000 50.00 50.00 50.00 51,125.00 5450.00 51375.00 50.00 50.00 50.00 51.575.50 Site Scheduler 0105130 0 HR 40.00 0,00 1,0000 50,00 50,00 50,00 $0,00 50.00 50,00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50,00 50.00 50.00 50.00 50.00 29,10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 09,00 50.00 50.00 50.00 50.00 50.00 29.59 0.00 50.00 50,00 5000 50.00 50,00 50.00 50.00 Area 22 ECRI 3 004, crew 3 29.10 30.00 5572.00 534920 5122220 50.00 50.00 50.00 51.222.20 29.10 0.00 50.00 30.00 50.00 50.00 50.00 50.00 50.00 Area 56 ECR2 3 man crew a 29.10 30.00 5573.00 034010 51,22220 50.00 50.00 50.00 5112220 29.10 0,00 50.00 50,00 5000 50.00 50.00 50.00 50.00 300 Fire510, 150+51010 mei 1 29.10 0.00 51.000,00 50.00 50.00 50.00 51.000.00 50.00 50.90 51000,00 2010 0.00 50.00 50,00 50.00 50.00 50.00 50.00 1 S0.00 20.10 0.00 50.00 50.00 00.00 50.00 50.00 50.00 1 50.00 29.10 0.00 5126.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 1 29.10 0.00 50.00 00.00 00.00 93.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Fraiche 019100 1 09 39.10 0.00 30.00 50.00 50.00 50.00 50.00 50.00 50.00 29,10 0,00 50,00 90,00 50.00 50.00 50.00 50.00 50.00 Sala Taxon Conoorabrae 50 0.00 I 0.00 5009 MI=M= 50.00 Subtotal: I 91.00 1 - ' 54.06040. 51.000.00 : - .50.00 • 50.00 1 35,06140 50.00 5o510w 0151601 5101,54 5101.54 5051110015 0152990 1 5253.64 5233.04 Consumables 0152903 5507.6E 5507.66 50.00 0050000 , " .. - ., ". 5:.069.40. .•.-,:51,663.05 3-_7;50:00' -=:'. S0.00 . 55924.05' Sehtradc Bond 0174400 50.00 50.00 Perron. ace de Pnwnem Bone 0174350 53031 530.51 Builders Risk 0175100 549.77 549.77 Cenral Liability lnsuraaa 0175220 517.74 517.74 Subunit . - - 5:061.40 . ..' 51.969.06' -• 50.00. '-- 30.00 :06,030.46 Overhead d. Profit 0192310 5904.57 590437 1e.01 Fm,eh0e 704 01760001 569.75 1 56935 'TOTAL 1 T" 1 - - - 50.061:40.... .52.94290 3000:1' ' 50.00.....:50.00420 PCO 81 Administration Building Steel Panels This Is regarding the steel panels for the Administration Building northeast stairway tower. Drawing 61- S-07 Section 19 calls for 20 GA. Galvalume R -Panel at the Admin Stair Tower roof. Specification 07411, 2.06 Metal Roof Panels specifies 22GA. Standing Seam panels. Carollo sub LNV advised Graham to use 22GA standing seam panels with a new screw pattern and addition of wall studs for attachment. RFI 246. New Broadway WW P, Corpus Christi, TX PCO0 PCM0: RFPP: Chang Dcsaipiion: Tax Rale: Consumables 8255: Description ,.....T re---C.e. Qty Uof M .y7. crew Roc Tota/ Hours Labor Unit Hours Material unit Prim Equip ueo Prise Sub unit Prix Total Labor Payrol Tarter & Insurance Labor w/PTI Material Cast Equipmc tCost Sub Cost Total Cost Emulate Preparation 0104165 2 HR 30.00 200 1.0000 50.00 50.00 50.00 560.00 524.00 584.00 50.00 50.00 50.00 584.00 Budget Revisions 0104620 2 HR 75.00 2.00 1.0000 50,00 50.00 50.00 5150.00 560.00 5210.00 50.00 50.00 50.00 210.00 Fortran 0104130 2 HR 37.50 2.00 1,0000 50.00 50,00 50.00 573.00 530.00 5105.00 50.00 50.00 50.00 5105.00 Site Scheduler 0105130 1 HR 40.00 1.00 1.0000 50.00 50.00 50.00 540.00 516.00 556.00 50.00 50.00 50.00 556.00 29.10 0.00 50.00 00.00 50.00 50.00 50,00 00.00 50.00 29.10 0.00 50.00 200 $0.00 50.00 50.00 50.00 50.00 Stair Towcr•Pordi Root' stnittunl steel mods 1 29,10 0.00 56,555,00 50,00 50,00 50.00 50.00 50.00 56,555.00 56,555.00 I6in vs30in Panel invent 1 29.10 0.00 5,656.25 50,00 50,00 50.00 30,00 50.00 53,656.25 5+,656.35 Reatginming and redesign mods to slop dwts1 29,10 0,00 52000.00 00.00 50.00 50.00 50.00 50.00 51000.00 52,000.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 5000 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 0000 50.00 29.10 0.00 50.00 50.00 00.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 5000 50.00 50.00 50.00 50.00 50.00 29.10 000 50,00 50.00 50,00 50.00 50,00 50.00 50.00 29.10 0.00 5000 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 00.00 50.00 Frcieln: 0197100 I ca 29.10 0.00 00.00 50,00 50,00 00,00 50.07 30.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 00.00 50.00 50.00 Sales Tay on Consumables: 50 0.00 50.00 - 50,00 0.00 Subtotal: 7.00 5455.00 50.00 50.00 512.211.25 512666.25 50.00 Safety 0151801 511.38 511,35 Small tools 0152990 828.44 528.44 Consumables 0152993 555.38 556,88 50.00 Subtotal: 5455.00 596.69 50.00 512.211.25 S12.762.94 Subtmde Bond 0174400 51,831.69 2.831.69 Performance & Payment Bond 0174350 59417 594.87 BuiEders Risk 0175100 012259 51.2.59 General Liability Insurance 0175220 543.70 543.70 Subtotal: 5455.00 52,18933 50.00 512,211.25 514,855.78 Overhead & Profit 019310 -1 S1,00724 51.007.24 Tcsas Franchise Tax 0170000 5158.63 5158.63 TOTAL: 5455.00 53355.40 50.00 512211.25 016.021.65 McNiel Roofing & Sheet metal, Inc. dba McStill Construction P.O. Box 33313 San Antonio, Texas 78265 210-653-4636 fax 210-653-4087 July 2, 2013 Graham Construction Services, Inc. 2995 Lone Oak Circle, Suite 1 Eagan, MN 55121 Ref: NBWWTP 945 Resaca Street Corpus Christi, Texas 78401 ADDITION TO CONTRACT Redesign for modification to support structure on the Stair Tower and Porch Roof on side of building. Quantity Description Amount 1180 ft Hat Channel $1,950.00 Labor 36 Crew Hours $2,340.00 80 ft 2x12 and fasten $304.00 Labor 10 Crew Hours $650.00 SUBTOTAL $5,244.00 OVERHEAD (15%) $786.60 PROFIT (10%) $524.40 TOTAL $6,555.00 McNiel Roofing & Sheet metal, Inc. dba McStill Construction P.O. Box 33313 San Antonio, Texas 78265 210-653-4636 fax 210-653-4087 July 2, 2013 Graham Construction Services, Inc. 2995 Lone Oak Circle, Suite 1 Eagan, MN 55121 Ref: NBWWTP 945 Resaca Street Corpus Christi, Texas 78401 ADDITION TO CONTRACT Additional labor to install 16" Panel in lieu of 36" Panel. Quantity Description Amount Labor 45 Crew Hours $2,925.00 TOTAL $3,656.25 SUBTOTAL $2,925.00 OVERHEAD (15%) $438.75 PROFIT (10%) $292.50 TOTAL $3,656.25 McNiel Roofing & Sheet metal, Inc. dba McStill Construction P.O. Box 33313 San Antonio, Texas 78265 210-653-4636 fax 210-653-4087 July 2, 2013 Graham Construction Services, Inc. 2995 Lone Oak Circle, Suite 1 Eagan, MN 55121 Ref: NBWWTP 945 Resaca Street Corpus Christi, Texas 78401 ADDITION TO CONTRACT Re -Engineering and Shop Drawings for the redesign for modifications to support structure. SUBTOTAL $2,000.00 TOTAL $2,000.00 PCO 84 Relocate ECR -1 Blower Disconnects The CM team, contractor, and City Operations personnel met on site at ECR -1 to discuss the placement of the blower disconnects and equipment stands at ECR -1. The group agreed to relocate disconnects and equipment stands to the opposite side of each blower. PCM 84. PROPOSED CONTRACT MODIFICATION •l05i1nt.Aw.tiorioliJv'. Suilr. 1t1R v.11'd•.rtl+ 14>„r 161Gt Hi/ Ji'. vim, • 1„..,$1.' 7357191 Owner: Contractor: Project Name: Engineer/CM: PCM Title: PCM Description: City of Corpus Christi Graham Construction _ New Broadway WWTP Project Carollo / Freese and Nichols Purchase of two air piping restrained couplings Date: 9/9/13 PCM No: 47 Ref: PCO -84 The CM team, Contractor and City Operations personnel met onsite in ECR1 to discuss the planned placement of the blower disconnects and equipment stands. As a result of the discussion, the group agreed to relocate the disconnects and equipment stands to the opposite side of each blower. The Contractor's cost proposal for the work described above has been reviewed by the CM Team and Owner. Reference the cost summary below and attached PCO -84 detailing the additional cost. Construction Manager's Request: - Provide a cost time proposal for the work detailed above. By: Adarn Payne Date: 10/10/13 Contractor's Response: Reference attached PCO -84. Change in Contract Cost: ADD $4,582.16 Change in Contract Time: NO CHANGE IN CONTRACT TIME RECOMMENDED BY Pr, --Adam Payne, CCM Construction Manager /7,71,1,-,edu Signature APPROVED BY John Crowell, P.E. 7tra�ctor �_•��c 013,/1 } Date 9nature 9 .ht' e 0///3 Date APPROVED tfY Govind Nadkarni, P.E. Owner f5 1Z6 -e. Signature -» Date i 0/P115 New Drondtray WWTP, Corpus Christi T PCO5 54 Relocate Disconnects and Equipment Stands Blower in ECR -1 PCM&: 099k: Change Dalaiblion: Tao Ratc 5.2515 Description Estimate Pneparatinn ,..T o.tnt., r.. Ory Uof 14 An crew Rare Total Hours Labor Unit Hours Material unit Fret Equip unnPrice Subunit hitt Total Labor Payeol - Taxes .1 leant -nem Labor a/PTT Material Cost Equipmen tCost Sub Beeect Revisions 0104165 _ I HR 30.00 1.00 1.0000 50.00 50.00 50.00 50.00 50.00 50.00 5300 0 575.0 0 512.00 010.00 542.00 5105.00 50,00 50.00 50.00 50.00 Cost 50.00 Total Cort 542.00 Donnan 0604620 1 H 2 75.00 1.00 1.0000 Site Scheduler D104130 4 HR 3730 4.00 1,0000 50.00 50.00 50.00 5150.00 540.00 5210.00 50.00 50.00 5000 50.00 5105.00 0105130 0H11 40.00 0.00 1.0000 50.00 50,00 50,00 50.00 50.00 50.00 50,00 50.001 5210.000 29.10 0.00 ' 50.00 50.00 50.00 50.00 50.00 50.00 5000 Relocate Disconnects& 29.10 0.00 50.00 50.06 50.00 50.00 1 50.00 00.00 50.00 Equip Stands _ { lot 29.10 0.00 01234.00 50.00 50.00 50.00 50.00 1 50.00 50.00 I 53.234.00 511.00 29.10 _0.00 50.00 50.00 50.00 50.00 50.001 50.00 53.234.00 50.00 39.10 0.00 50.00 50.00 00.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50,00 50.00 50.00 $0.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 1 50.00 19.10 000 50.00 50.00 50.00 _ 5000 50.00 29.10 29.10 0.00 0.00 50.00 50.00 50.00 50.00 50.00 50.001 50.00 50.00 50.00 L 50.00 50,00 50.00 50.00 S0.00 50.00 50.00 50.00 29.10 0.00 _ 50.50 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 29.10 _9.10 0.00 0.00 SO 00 50.00 50.00 50.00 50.001 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 0197100 ca 29.10 0.00 50.00 50.00 50.00 50.00 50.001 50.00 50.00 50.00 Salts Tae on Consumables: 50 29.10 0.00 50.00 50.00 50.00 50.00 1 50.00 50.00 50.00 50.00 000 00 50.00 S0b1010l1 0.00 - 50.00 6.00 - 5357,00 50.00 50.00 53,234.0 Safety 53391.0 Snell loots 0151501 50.00 COnHnnnbles 0152990 22,31 522.31 5893 0952903 544.63 52331 Subtotal: 544.6 5357.00 575.56 50.00 53x4.00 50.00 Sobtrode Bond 03,006.86 Performance & Payment 0174400 5485.10 8044 Builders Rist 0174350 526.99 5455.10 General Liabihty 0175100 S 526.99 lnsurnnce 0175220 $1l2Z.38 534.58 Subtotal: .43 512.43 5357.00 5635.24 50.00 53.234.00 54126.36 Overhand & Profit 0192310 5310.54 Texas Franchise 3310.54 Tac 0176000 545.37 545.37 TOTAL, 5357.00 5991.16 50.00 53.234,00 54.552.16 PCO 85 UT Level Transducer Analog Signal The ultrasonic level sensors In the UV structure require a 24VDC power source to send an analog signal back to the controller. The 24 volt power was included on the conduit schedule but the analog signal was not. A two -wire shielded cable was added to the power supply for correct operation. Oar-- hetitai0 October 30, 2013 Freese and Nichols. 945 Resaca Street Corpus Christi, TX 78401 Attention: Steve Eckersley, P.E. RE: New Broadway WWTP; Graham New Broadway request for Direct/Indirect Costs Mr. Steve Eckersley P.E. In accordance with the requirements of General Conditions Article 10, Graham Construction Services is providing written notification of a cost and time impact associated with the requirement for additional electrical wiring not shown on the engineering drawings. The ultrasonic level sensors in the UV structure (BRD-SEF-L.IT13, 23, 33) require a 24VDC power source and send an analog signal back to the controller proportional to the water level in the channel. The 24 volt power was included on the conduit schedule (Conduits 13101, 13102, 13103), but the analog signal was not. A two -wire shielded cable is needed in addition to the power supply in order for correct operation. The initial GC/Subcontractor estimate for this work is approximately $6,063.57 for this additional work. We will advise Freese and Nichols, regarding the actual impact costs once they are known. Graham will request to be reimbursed for all direct cost due to this change. Please contact me if you have any questions on this matter. Thank you. Sincerely, GRAHAM CONSTRUCTION SERVICES, INC. John Crowell P.E. Sr. Project Manager Site Office: 361-881-1279 Cell: 361-446-6430 CC: Greg Ritke, Graham Construction Services, Inc. Patrick Phelps, Graham Construction Services, Inc. Graham Construction Services, Inc. 2995 Lone Oak Circle, Suite 1, Eagan, MN 55121 NOV Broadway WWTP, Corpus Christi, TX PCOM 85 UT Transducers level sensors -analog signal cable PCMN: UN: Chance Descrltllion: Tax Rate: 825% Description .....7 riasnies c.o. Qty Uof M Aug crew Rate Total Hours Labor Veit Hours Material yak Price Equip Unit Prig Sub ova Price Total Labor Payrol Tax & a Insurance Labor wfFrI Material Cost Equipmen tCost Sub Cost Total Cost Estimate Preparation 0104165 I HR 30.00 1.00 1.0000 $0.00 $0.00 5000 530.00 512.00 542.00 50.00 50.00 50.00 542.00 Budget Revisions 0104620 1 HR 75.00 1.00 1.0000 50.00 50.00 50.00 575.00 530.00 5105.00 50.00 50.00 50.00 5105.00 Forman 0104130 4 HR 37.50 4.00 1.0000 50.00 20.00 50.00 5150.00 560.00 5210.00 $0.00 50.00 30.00 5110.00 She Scheduler 0105130 0 HR 40.00 0.00 1.0000 00.00 50.00 50.00 50.00 50.00 50.00 50.00 30.00 30.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 00.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Install signal cable for three UT level sensors in UV 1 lot 29.10 0.00 04411.00 50.00 50.00 50.00 50.00 50.00 54,411.00 54,411.00 _ 29.10 0.00 50.00 50,00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 00.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 00.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 00.00 50.00 50.00 50.00 50.00 29.10 0.00 ' 50.00 50.00 50.00 50.00 50,00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 S0.00 50.00 50.00 50.00 50.00 50.00 50.00 29,10 0.00 50.00 50.00 70.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50,00 0197100 ca 29.10 0.00 50,00 30.00 50.00 5000 50.00 50.00 50.00 .29.10 0.00 50,00 50.00 50.00 50.00 50.00 00,00 50.00 Sales Tse on Consumables: 50 000 50,00 50,00 0.00 Subtotal: 6.00 5357.00 50.00 50.00 54,411.00 54.,768.00 50.00 Safety 0151801 00.93 58.93 SmalI tools 0152990 02231 52231 Cousunmbks _ 0152903 544.63 544.63 50.00 Subtotal: 5357.00 575.86 50.00 54,411.00 54.543.86 Subtnde Bond 0174400 5661.65 5661.65 Performance & Pavmeoc Bond 0174350 . 535.79 535.79 Builders. Risk 0175100 54625 546.25 General LIabil i iv luta ranee. 0175220 SI 6.45 516.45 Subtotal: 0357.00 5836.03 50.00 54.411.00 55.604.03 Overhead & Profit 0192310 5399.50 5399.50 Texas Franchise Tae 0176000 560.04 560.04 TOTAL: 5357.00 51295.57 50.00 54,411.00 5606337 Change Order Request C,O.R.## 180018-0023 G.C. # Date: 1012812013 Project Name: 180018 Broadway WWTP Project #: 180018 To: Graham Construction Services, Inc. Attn: John Crowell 2995 Lone Oak Circle, Suite 1 Eagan , Mn 55121 Phone: (651) 687-0648 Fax: (651) 687-0947 We hereby propose to make the following changes: From: KST Electric Dustin Doyle 2411 Rand Morgan Road Corpus Christi, TX 78410 Phone: (361) 248-4901 Fax: (361) 248-4906 UV Ultrasonic Transducer This price is for adding Shielded Cable to each of the three Vendor Furnished Transducers at the UV Channels back to the UV Controller in ECR -3. Exclusions: patching of any concrete, paint, existing conditions of work areas, overtime. Please send written Notice to Proceed and Approval of Price for work to begin. Change Order Price Original Contract Amount This price is good for 5 days. If conditions change, this price is void. We are requesting a time extension of 5 days in conjunction with this change. Dustin Doyle 10/28/2013 Author Dale Sent $4,411.00 $6,480,000.00 ® Accepted The above prices and specifications of this Change Order request are satisfactory and are hereby accepted. All work to be performed under same terms and conditions as specified in original contract unless otherwise specified. Authorized Signature Date of Acceptance Page 1 of KST ELECTRIC a subsidiary of Rosendin Electric CHANGE ORDER SUMMARY SHEET Project Name: Broadway WW1 -13 Change Description: UV Ultrasonic Transducers KST Change No.: 180018-0023 MATERIAL/QUOTES: Material Total: Material From T&M Recap Sheet: Total Quotes: Total Freight: SUBTOTAL: LABOR: Date: 28 -Oct -13 Taxable: No Amount Op Rate Extension Subtotals & Totals 5883.58 X 1.0 $883.58 50.00 X 1.0 $0.00 X 1.0 50.00 X 1.0 $0.00 $0.00 $0.00 5883.58 Straight -time Labor: 65.58 X $36.26 52,377.93 Overtime Labor @ time & one half: 0.00 X $57.31 50.00 Double Time Labor: 0.00 X 574.50 $0.00 Instrumentation Straight Time Labor: 0.00 X $75.00 50.00 Total Manhours: 65.58 Labor from Time and Material Sheets: aof(firs & Labor Extfrom Attachment 0,00 $0.00 General Foreman Straight -lime Labor (10% of Man Hrs): 65.58 6.56 General Foreman Straight -lime Labor: 6.56 X 557.44 5376.69 General Foreman Overtime Labor (10% of Man Hrs): 0.00 0.00 General Foreman Overtime Labor @ time & one half: 0.00 X 579.78 50.00 General Foreman Double Time Labor (10% of Man Hrs): 0.00 0.00 General Foreman Double Time Labor: 0.00 X 5102.12 50.00 Estimating Time: 0.00 X $71.87 $0.00 Mat. Proc. & Handle (5% of Labor Cost): 0.00 X 5.00% 50.00 Update As -Built Dwg's: 1.00 X $59.86 559.86 SUBTOTAL: 52,814.48 52,814.48 DIRECT JOB EXP: Consumables/Expendable Tools (6% of Mal): 5883.58 X 3.00% 526.51 Drawing Reproduction and or BIM : 50.00 X 1.0 50.00 Safety @ $0.50/MH: 72.14 X 50.50 536.07 Equipment: 50.00 X 1.0 50.00 Project Mngml: 5% of Labor: 2,814.48 X 0% 50.00 Total Subcontractors Quotes: 50.00 X 1.0 50.00 SUBTOTAL Direct Job Exp: $62.58 Credit: 50.00 X 1.0 50.00 MaterialILabor/DJE/Credit SUBTOTAL: Warranty: 53,760.64 X 0% $0.00 SUBTOTAL: Material Sales Tax @ 8.25% if Project is Taxable: 5883.58 X 0.00% $0.00 Liability/Builders Risk: 53,760.64 X 2% 575.21 SUBTOTAL: MARK-UPS: Overhead/Profit @ 15% $3,835.85 X 15% 5575.38 SUBTOTAL: Total Subcontract Values: $0.00 X 1 50.00 OverheadlProft for Subcontract @ % X 15% 50.00 SUBTOTAL: Bond Premium: 54,411.23 X 1.0% 544.11 CHANGE ORDER TOTAL: 562.58 50.00 53,760.64 $0.00 53,760.64 50.00 575.21 53,835.85 5575.38 54,411.23 50.00 50.00 $4,411.23 $0.00 544.11 54,455.34 Description Quantity Trade Price Price Unit Net Price Labor Labor Unit Total Material Total Hours GRS 1/2" 1"/q 6 CW GRD CLAMP 3 850.88 C 850.88 1.4 W W W UJ W UJ W W W W W UJ UJ UJ W' W W W W 25.53 4.2 3/4" ARC (Al.) 60 277.27 C 277.27 0.096 166.36 5.77 1" ARC (AL) 10 401.31 C 401.31 0.105 40.13 1.05 1" AL LOCKNUT 2 159 C 159 0.07 3.18 0.14 1" AL GRD BUSHING 1 650 C 650 0.875 6.5 0.88 3/4" AL STRUT CLAMP 12 497 C 497 0.053 59.64 0.63 1/2" LT FLEX 15 297 C 297 0.07 44.55 1.05 412 XHHW 2 STRANDED 15 394.88 M 394.88 0.012 5.92 0.18 1114/2C THHN TRAY CABLE 600 527.64 M 527.64 0.019 316.56 11.42 42 MECH LUG 6 136.29 C 136.29 0.875 8.18 5.25 HS 40 400 HEAT SHRINK 3 1599.53 C 1599.53 0.613 47.99 1.84 HS 5001000 HEAT SHRINK 1 2344.18 C 2344.18 0.875 23.44 0.88 12.4" SUPER GRIP CABLE TIE (SGS) 100 30.99 C 30.99 0.088 30.99 5 3/4" FORM 7 ALUM T UNILET 3 6.29 E 6.29 1.75 18.87 5.25 3/4" FORM 7 ALUM LB UNILET 3 12.06 E 12.06 1.138 36.18 3.41 3/4" 1/2" ALUM REDUCING BUSHING 3 1.65 E 1.65 0.298 4.95 0.89 1/2" LT ARC (AL) STR CONNECTOR 3 5.78 E 5.78 0.263 17.34 0.79 EXISTING CONDITIONS 2 0 E 0 8 0 16 1/2" LT ARC (AL) 90EL CONNECTOR 3 9.09 E 9.09 0.315 27.27 0.95 Totals 883.58 65.58 PCO 86 Add Coating at SDB Polymer Containment The drawings did not detail all locations for the protective coating in the polymer handling areas. The intent was for the coating to be under locations with possibility of polymer spills. Unistrut containment bars were also added to keep the polymer from getting to areas outside of the collection trench. (GRAHAM January 7, 2014 Freese and Nichols. 945 Resaca Street Corpus Christi, TX 78401 Attention: Steve Eckersley, P.E. RE: New Broadway WWTP; Graham New Broadway PCO -86 Added Coating SDB Containment Area Mr. Steve Eckersley P.E. In accordance with the requirements of General Conditions Article 10, Graham Construction Services is providing written notification of a cost and time impact associated with the Added Coating SDB Containment Area. The initial GC/Subcontractor estimate for this price increase is approximately $11,387.85 for this additional work. We will advise Freese and Nichols, regarding the actual impact costs once they are known. Graham will request to be reimbursed for all increased cost due to this change. Please contact me if you have any questions on this matter. Thank you, Sincerely, GRAHAM CONSTRUCTION SERVICES, INC. John Crowell P.E. Sr. Project Manager Site Office: 361-881-1279 Cell: 361-446-6430 CC: Greg Ritke, Graham Construction Services, Inc. Patrick Phelps, Graham Construction Services, Inc. Graham Construction Services, Inc. 2995 Lone Oak Circle, Suite 1, Eagan, MN 55121 New Broadway WRTP, Corpus Christi, TX PCOM 86 Added Coating SDB Containment Area POMP: RFPk; Change Description;_ Tax Rate: 3.25% Doerlprion r..... -T Ameba c.u. Ory Uof M Avg crew Rate Total Hours Labor Unit Hours Material unit Frim Equip Ono Price Subunit Price Total Labor Payrol Taxes & Insurance labor w/PTL Material Cost Equipmeo tCost Sob Cost Total Cost Estimate Prcprranon 0104165 1 HR 30.00 1.00 1.0000 80.00 50.00 50.00 530.00 512.00 542.00 50.00 50.00 50.00 542,00 Budget Revision, 0104620 1 HR 75.00 0.00 1.0000 50.00 50.00 30.00 50.00 50.00 50,00 50.00 50.00 ' 50.00 00.00 Forman 0104130 4 HR 37.50 0.00 1.0000 00.00 50.00 50.00 50.00 50.00 S0.00 50.00 50.00 5.0.00 50.00 Site Scheduler 0105130 0 H 40.00 0.00 1.0000 00.00 50.00 00,00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50,00 50,00 50,00 50.00 _ 50,00 50.00 50.00 29.10 0.00 50,00 50,00 50,00 50,00 50.00 50.00 30,00 Added Coating SDB COaiainmcnt Arca 1 101 29.10 0.00 59.000.00 30.00 50.00 50.00 50.00 50.00 59,000.00 59,000.00 29.10 0.00 50,00 50.00 50.00 50,00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50,00 50.00 50.00 29.10 0.00 5000 50.00 50.00 5.0.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00. 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 00.00 50.00 29.10 0.00 50.00 S0.00 50.00 50,00 50.00 50.00 50,00 29,10 0.00 50.00 50.00 50.00 50.00 50.00 30.00 50.00 29.10 0,00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 $0,00 59.00 50.00 50,00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50,00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 5000 30.00 50.00 Sales Tae on Consumables: S0 0.00 $0.00 50.00 0,00 Subtotal: 1.00 542.00 50.00 50.00 09,000,00 59.042.00 50.00 Safoiv 0151501 51.05 51.05 Small tools 0152990 52.63 52.63 Consumables 0152903 55.25 5525 50.00 Subtotal: 542.00 58.93 50.00 59,000.00 59.050.93 Subtrade 13ond 0174400 51350.00 51350.00 Performance & Payment Bond 0174350 567.61 567.61 Builders Risk 0175100 587,37 52737 General Liability Insurance 0175220 531.14 531.14 Subtotal: 54200 51545.04 50.00 59.000.00 510.587.04 Overhead & Profit _ 0192310 5688.06 5688.06 Texas Franchise Tae 0176000 5112.75 5112.75 TOTAL: 542.00 52345.85 50.00 59,000.00 511387.85 PCO 88 PCM 48 (PCO 88) Fire Suppression @ Administration Building Carollo requested a cost proposal to Install a dry pipe fire suppression system in the garage area and identify impacts to the fire suppression system. The objective was to reduce ongoing maintenance issues for a wet pipe system in that environment. RFI 312. 4055 Intmnational Nato, Surto MO • ron Texas 76L09 1 1117./ 15.7300 • IaK 817.7 u' . /4'11 Owner: City of Corpus Christi Contractor: Graham Construction Protect Name: New Broadway WWTP Prosect Engineer/CM: Carollo / Freese and Nichols PCM Title: Dry Pipe Fire Protection System PCM Description: parte: 9/15/14 PCM No: 48 Itef: PCO -88 Per direction from Carollo's RFI 312.1 response and Change Directive 2Z, Graham was requested to provide a cost proposal for a dry fire extinguishing system. The Contractor's cost proposal for the work described above has been reviewed by the CM Team and Owner. Reference the cost summary below and attached PCO -88 detailing the additional cost. Construction Manager's Request: - Provide a cost tif06 proposal for the work detailed above. By: Adam Payne ! c- s//g/ y`I Date: 6/27/14 Contractor's Response: - Reference attached PCO -88. (_7037 ,•)/ - Change In Contract Cost: ADD $29,361.20 rJr, t47 i) cT Change In Contract Time;,NoCf•IA1!(i,IN 4TIfAOTIi t f�//s,//r' RECOMMENDED 13Y APPROVE/) BY APPROVED 13V Steve Eckersley, P.C. John Crowell, P.C. Valeria Gray C. nstruction Maii , er-. Contractor Owner %44/ �JI C `(��/ ignature Date nature Date Signature Date Change Directive # 22 Corpus Christi New Broadway WWTP Carollo Program Printed 09/18/2014, Page 1 of 1 Dry Pipe Fire Extinguishing System !Created By: Created: Freese & Nichols, Adam Payne 06/27/2014 FREESE,PlittailVL, Submitted : 06/27/2014 Submitted To: Carollo Engineers,City of Corpus Christi,Freese & Nichols,Graham Construclion,John Crowell,Jong Pak Revision Date: Status: Pending Priority: Low Design Clarification: In Carolto's RFI 312.1 response, item 1 asked Graham to provide a cost proposal for a dry fire extinguishing system, Contractor to provide cost proposal if additional cost and/or time impacts to the CPM are incurred by this Change Directive. Locations 19 Administration/Operations/Maintenance Building References RFI//312.1 Specification // 13930 Drawing // 275.61-A-19 Admin Bldg -Water lines -Garage Change to Dry Pipe Closed Published Published eerl�1( Steve Eckersley From: John Crowell <johncro@graharnus.com> Sent: Tuesday, September 16, 2014 3:47 PM To: Steve Eckersley Cc: Greg Ritke; Patrick Phelps; Clay Howard Subject: RE: PCO 088 revl Dry Pipe Fire Protection System Attachments: PCO 88 revla- Dry Pipe Fire Protection System -Total Fire Prot only.pdf; Holes of SA Coring T -M Rates Admin Bldg.pdf; RF1_301.4.Dry_System_Core_ILayout.pdf; Total Fire Dry Pipe Quote RFI 312 1 -PCO 088 piping Mat-Lab.pdf; Total Fire -pricing Coord-Engr- Inspect.pdf Steve, Graham has provided an additional rate sheet for coring of the holes for the Dry Fire Protection System (coring by Holes of San Antonio). These coring costs are not available on a lump sum basis, but shown on a time and material basis, due to the large degree of risk related to the amount of rebar encountered in the coring operation. Graham is providing this estimated costs In a good faith effort to keep this project moving forward without further impacts to this work. Ideally Holes of San Antonio will be able to accomplish this work over a two week period, which would include fourteen 5inX24in deep cores and six 6inX24in deep cores. The amount of rebar encountered cannot be estimated, therefore the number of holes per day, duration and overtime are indeterminate. Time is of the essence in this Dry Fire Protection work, since the Dry Fire Protection Contractor is now on site and the coring must begin immediately to stay on track. Please proceed with securing approval to allow Graham to minimize any impacts to this Dry Fire Protection work. Please let me know if you have any questions. Thank you. Please note that Electrical interferences in this area of the project shall be submitted under a separate PCO. John Crowell P.C. Sr. Project Manager (GRAHAM Your Construction Solutions Partner 9709 Third Avenue NE, Suite 300 1 Seattle, WA 98115 Office: 361.881.1279 1 Direct: 361.446.6430 1 Fax: 206.729.8845 (ohncro©graharnus.com j www.grahamus.com COMMITMENT 1 INTEGRITY I RELIABILITY From: John Crowell Sent; Thursday, September 11, 2014 1:49 PM To: 'swe@freese,com' Cc; Greg Ritke; Patrick Phelps; Clay Howard Subject: PCO 088 revs Dry Pipe Fire Protection System Steve, Attached you will find the revised pricing for PCO 088 revl for the Dry Fire Protection System. This revision now includes the updated Coring layout approved by the Engineers site visit and field report on the core locations. As stated in RFI tt 301.4 a total of 6 cores have been added on the East side. Core diameters shown on the drawing markup are to be 5in diameter. t Please be advised that this represents costs for Total Fire Protection scope of work only. Some Electrical work will be required to energize the Air Compressor for this system. Since this work involves piping interferences and conflicts with the structural beams in the lower level of the Admin Building, Graham is submitting this as a proposed change request. Prior to moving forward with this work, Graham will require an acknowledgement of entitlement for payment to commence coring operations. Please expedite this request if possible. Please let me know if you have any questions. Thank you. Please note that Electrical interferences in this area of the project shell be submitted under a separate PCO. John Crowell P.I. Sr. Project Manager (GRAHAM Your Construction Solutions Partner 9709 Third Avenue NE, Suite 300 I Seattle, WA 98115 Office: 361.881.1279 I Direct: 361.446.6430 I Fax: 206.729.8845 Johncro@grahamus.com J www.grahamus.com COMMITMENT 1 INTEGRITY I RELIABILITY 'Fhe information contained in this email, including any attachments, is confidential and may be privileged. It is intended only for the person or entity to which it is addressed and no waiver is intended by sending this email. If the reader is not the intended recipient, you are hereby notified (hat any review, retransmission, dissemination or other use of, or taking any action in reliance upon this information is strictly prohibited. If you have received this email in error, kindly notify the sender by reply email and delete the original message from any computer. Thank You. 2 Nov Broadway WWFP, Corpus aria'. T\ PCOO 83 Revla Dry Pipe Fire Proteclioa System -Tocol Fire Pro, only PCMO: 0090: Ocoee Dcsceipbon: RFI 3014 and RF1312.I Tax Rale: 0.25% Description r,....5 rwaM o.. Qty Uof M Avp crew Ram Total Hours Labor Unit Hoon Material untrrue Equip Unit Prier Sobtrait Prier Total Labor Payrol Taxes& loan not Labor w/PT3 Material Cost Equipmco tCost Sob Coll Total Cost Eseinute Preanrn:ion 0104165 1 14R 3000 1 00 1.0000 50.00 50.00 50.00 53050 312,00 542.00 50.00 50.00 50.00 542.00 0udret Revisions 0104620 1 HR 75.00 1.00 1.0000 5000 50.00 50.00 075.00 530.00) 5105.00 50.00 50.00 50.00 5105.00 Formant 0104130 4 HR 37.50 4.00 1,0000 50.00 50,00 50.00 5150.00 560.00 5210.00 50.00 50.00 50.00 5210.00 Site Scheduler 0105130 0 HR 40.00 0.00 1.0000 50.00 50.00 50.00 50.00 50.00 50.00 50,00 50.00 50,00 50,00 29.10 0.00 50.00 50.00 50.00 50,00 30.00 50.00 S0.00 29.10 0.00 50.00 50.00 S0,00 50.00 50.00 50 00 $0.00 Dry Pipc Fire Protection Sys' - T0141 Fire Protection only I lot 29.10 0.00 59.06636 00.00 50.00 S0 00 50.00 50.00 59,06636 59,06636 29.10 0.00 50,00 50,00 50,00 $0.00 50.00 50.00 50.00 CoordEm$ineeing-Inspection - Toul Firc Prot I lot 29.10 0.00 $2.155.00 50.00 50.00 S0.00 50.00 50.00 52.155.00 52,155.00 29.10 0,00 50.00 50.00 50.00 50,00 50.00 00.00 50.00 Cote Uc ms-Tdy Fire Prot only -see T &M Rales Holes 1 lot 29.10 0.00 006006660 $0.00 50,00 50.00 50.00 50.00 511.700.00 511.700.00 39.10 0.00 $0.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 5000 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 _ 50.00 50.00 50.00 50.00 30.00 50.00 50.00 ISa$:s Tax on Consumables: 50 0.00 $0.00 50.00 0.00 Subtotal: 6.00 5357,00 50,00 50,00 522,921,36 523,278,36 50.00 Safety 0151801 58,93 53.93 500,11tools 0152990 52231 02231 Consumables 0152903 544,63 544,63 50.00 Soblolal: 5357.00 575.86 50.00 52292136 52335422 Snbsade Bond 0174400 53,430.20 53,43010 Performance & Pavmcnt Bond 0174330 5174.15 5174.15 04116e3 Risk 0175100 5225,06 0223.06 Control Liability Insurance 0175220 53022 580,x1 5ublotnl: _ - 5357.00 53,993.49 50.00 522,92136 527.271,85 Ovcdtcad&Profit 0192310 55,798,64 51.798.64 Tuns Franchise Tax 0176000 5290.70 5290.70 TOTAL: 5357.00 56.082.84 50.00 522921.36 52936120 1 41 i1] f .ra 3lil 14,111,q,6 i v 6ez; -' .i +IP/14.-311(4 :-av +ter+r• nrrxs ua C>:,vn; bw»IrSl3 M 1• j,nierl 1N31f1810?47 831 sV31x3r 1ISidif3 Srld8O9 10 A113 ?Arid 6 O:al:1 (1 3 13/,77 C:1::311:10 aY,romti 7x640_ km1/SK:1ra3,la/tit;aY211S:ll1' 1 1NV1d 1N3111113x11 2131VM31SVM )VMQV0218 M3 E612?.TFOOp O$Gt101MYJ 3 I —.„ t.,� w NT • 11 •Oa}.LI Ix a�.,l i1 9i w1 ttiit oloal 4 -_.nsii .x,tl tine I? i :f. olfS 1 I I 11 i 1 I 'n _ 1.1 44 II II I 1 r �.- 114. 3d ii t @ I '1 4 �. r.x II s` 1 i1 i.1 1I1 1:1 M6 =1-I_��; 9 3 t: J 11 •" S 6 24 dour Service • Commercial • Industrial • Residential 470te 6e PUteeetieM 1004 7th Avenue North Brandon, SD 57005 Phone: (605) 582-2400 Fax: (605) 582-7360 July 17, 2014 Graham Construction 9709 Third Ave. Nt. Suite 300 Seattle Wa. 98115 Attention: Jong Pak Project: Broadway WTP Corpus Christi Tx Description: Additional Cost The following is a breakdown of additional cost. 1. Coordinate lower level piping changes 16 man hours @ $ 55.00 $ 880.00 2. Engineering changes 12 hours @ $ 75.00 $ 900.00 3. Inspection fee for the dry pipe system $ 375.00 Total additional work $ 2,155.00 Any questions please contract myself. Total Fire Protection Richard C. Brandt 24 Hour Service • Commercial • Industrial • Residential April 2, 2014 1004 7th Avenue North Brandon, SD 57005 Graham Construction 9709 Third Ave. N.E. Suite 300 Seattle Wa. 98115 Phone: (605) 582-2400 Fax: (605) 582-7360 Attention: Jong Pak Project: New Broadway WWTP Corpus Christi Tx. Description: Change Order to RFI 8 312.1 Add one dry pipe valve and trim complete with air Compressor, the following Is a breakdown of this change request. 1. One 4" grooved Tee 2. One 4" grooved cap 3. Ten 4" grooved couplings 4. Two 4" grooved 90's 5. One 4" grooved Butterfly/ tamper switch 6. One 4" Dry Pipe Valve 7. One dry Pipe Trim Kit 8. One Air Maintenance Devise 9. One P5-10 pressure sw. 10. One PS -40 pressure sw. 11. One 1 % brass check valve 12. One 1hp compressor 120 volt single phase 13. Airline material 14. Drain line material Total Material Sales Tax Total Labor 25 man hour @ 78.65 Total Material and Labor 10% profit 5 % overhead Total change order Prot iron/ Richard C. Brandt $44.85 $16.65 $153.80 $28.96 $347.90 $1675.75 $607.58 $476.63 $134.78 $134.78 $47.38 $1630.23 $86.78 $112.45 $5498.52 $384.89 $1966.25 $7849.66 $784.96 $431.73 $9066.36 HOLES QUOTE OF SAN ANTONIO, INC 116 BRANIFF • SAN ANTONIO. TEXAS 78216 (210) 348.5256 - (600) 758.5208 FAX (210) 340-0727 QUOTE to: 072613 CUSTOMER INFORMATION GRAHAM CONSTRUCTION 2095 LONE OAK CIRCLE SUITE 1 EAGAN ,MN 55121 (651) 687-0648 Fax: (851) 687-0947 Quoted To: CLAY Salesman: GEORGE MAJOR JR. JOB INFORMATION PO 1/: Job Request 1!: Quote Entered: 09/16/14 General Contractor: Owner: Contact on Site: Time: 10:05 am Quantity Details JOB SITE INFORMATION WASTE WATER TREATMENT PLANT 945 RESACA ST. CORPUS CHRISTI, TX County: Project ID: None Needed At Site [ ] SEE INSTRUCTIONS MapCodo: Elevation: 0 Distance To Site: 0 Description Unit Price 1.00 5" X 24" REEL, CORES IN A BEAM $250.00 EACH 6" X 24" DEEP CORES IN A BEAM $325.00 EACH MINIMUt4 CALL OUT 51000.00 TRVEL CHARGE ROUND 'DRIP $500.00 PERDIEM PER MAN $125.00 PER DAY OVER TItME IS $25.00 PER HOUR PER MAN Site/Job Considerations & Condition 0.00 0.00 TOTAL: 0.00 This quote is based on the following unless otherwise staled: 1..Mxk lo be Ia)d out prior to our arrival on the lob. 2 8.1 mbar 12' on center each way- 3. Stand-by lima is charged al $95.00 per hour per operator and $35.00 per hour per helper. 4. Our current Insurance. ANY additional insurance requirements are not Included 5. Send resale exemption certificale if lax Is not apptrcabie, othen/rise tax wisl bo aaded 10 this quote. 0. Normal waking hours Monday through Friday 8:00 am lo 4:30 pm 7. No grade beams 8 Quote is good for 6 ninths. THE UIIDERSIGNED PURCHASER ASSUMES ALL LIABILITY FOR TME LAYOUT OF THE REOUESTED WORK AND FURTHER ASSUMES ALL LIABILITY FOR 1115 CUTTING OF TELEPHONE CABLES, ELECTRICAL WRES. COMBATS, PLUF.IBING OR OTIIER UTILITIES, AIID STRUCTURAL STEEL OR CABLE BURIED IN CR HEAR THE MATERIAL BEING CUT. THE PURCHASER AGREES TO COVER AND MAKE SAFE ANY OPENING MADE BY HOLES or SAN ANTONIO, INC. THE PURCHASER AGREES TO INDEMNIFY 11O1.ES OF SAN ANTONIO. INC FOR ANY DAMAGES ARISING OUT OF ANY SUCH OCCURANCE. AFJD FURTHER ACKNOWLEDGES T1IAT THIS INDEMNITY PROVISION IIAS BEEN BROUGHT TO ITS ATTENTION. Quote Accepted by MOBILE NUMBER NEXTEL. DIRECT CONNFCT NUMBER PCO 89 ECR 130 Inch Spool Pieces Purchase of spool pieces to install in the 30 inch air pipe at ECR 1 in lieu of expansions joints. New Broadway WWTP, Corpus Christi, TX PCOd 89 Arca 22 Blower Pipe 30ni SS Spool Pieces Material Only PCM11: BFPO: Chanuc Description: Tax Raic: S,2_5% Description r... -T Fat.* c.. Qty Uot M Avg Crew Rate Total Hours Labor Unit Hours Material Umber/re Equip Usk Price Subunit Mee Total Labor Payroi Taxes& Insurance Labor w/PTl Material Cost Equipmcn tCost Sub Cost Total Cast EMI MU Preparation 0104165 1 5110 30.00 100 1.0000 50.00 50.00 50.00 530.00 512.00 542.00 50,00 50.00 50.00 542.00 Budget Revisions 0104620 0 HR 75.00 0.00 1.0000 50.00 50.00 50.00 50.00 50.00 50.00 50.00 SO 00 50.00 50.00 Forman 0104130 0 HR 37.50 0.00 1.0000 50.00 00.00 50.00 50.00 50.00 50.00 50.00 , 50.00 50.00 50,00 Site Scheduler 0105130 0 HR 40,00 0.00 1.0000 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 00.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Four30in 55 Spool Pieces4 29,10 0.00 52.082.14 50.00 50.00 50.00 5832837 50.00 50.00 5832837 29.10 0.00 50.00 50.00 50.00 S0.00 50.00 50.00 50.00 29.10 0.00 50.00 50,00 50.00 50.00 50,00 50.00 50.00 29.10 0.00 50.00 50.00 00.00 50.00 50.00 00.00 00.00 29.10 0,00 50.00 50.00 50.00 50.00 50.00 50.00 5000 _ 29.10 0.00 50.00 50.00 50.00 $0.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 00.00 50.00 S0.00 50.00 29.10 0.00 50.00 50.00 50.00 00.00 50.00 50.00 50.00 29,10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50,00 29.10 0.00 50.00 00.00 50.00 00.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 00,00 50.00 50.00 50.00 50.00 29.10 0.00 50,00 50.00 50.00 50.00 50.00 5000 50.00 ea 29.10 0.00 50.00 50.00 50.00 50.00 50:00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50,00 50.00 00.00 Sales Toa an Consumable: SO 000 50.00- 50.00 0.00 _ Subtotal: 1.00 $42.00 59320.57 50.00 50.00 00370.57 50.00 Safety 0151801 51.05 51.05 Small tools 0152990 52.63 52.63 Consumables 0152903 55.25 55.25 50.00 Su51otsl: 54200 55337.50 50.00 5090 58.379.50 Sub trade Bond 0174400 50.00 50.00 Performance & Payment Bond 0174350 054.47 554.47 Builders Risk 0175100 57039 57039 General Liability Insurnncc 0175220 525.09 525.09 Subtotal.• 542.00 50.407.44 50,00 50.00 58.529.44 Ovcdtcad&Profit 0192310 Si.279.42 51,279.42 Texas Frandtise Tax 0176000 598.09 598.09 TOTAL: $42.00 59.864.94 50.00 50.00 39,906.94 From: tituCe.Terrellarertiti'Qn.sQni To: John Crowell Subject: RE: Email Bidf/ 8236396 Date: Friday, September 27, 2013 9:52:59 AM Attachments: jmaaeO01.aif John, they can make these spools in a week. The expansion joints have been passivated which means they will be ready to ship in the next couple of days. In other words to fate to cancel. From: John Crowell [nlailto:johncr_n@gtaflamus cgtn] Sent: Friday, September 27, 2013 9:14 AM To: Terrell, Bruce [Ferguson] - 1107 Plant Subject: RE: Email Bid# 8236395 Bruce, Thanks for the rapid response. Did the bidder give a lead time for the spool pieces? Also 'Ship to address' to change to Graham Construction — New Broadway Wastewater Treatment Plant 945 Resaca Street, Corpus Christi, TX 78401 I will pass this info along to the Construction manager and City this morning and get back to you as soon as I hear anything. The City is evaluating whether or not to cancel the three 30in Ornniflex Els previously released to fab, asked if you would check on the status or fabrication and to see what (if any) credit the city could get back, if they decide to cancel those four Omniflex Els. I will pass that info to them as soon you let me know. Thanks. Thanks again for your quick response. John Crowell P.E. Sr. Project Manager Your Construction Solutions Partner 9709 Third Avenue NE, Suite 300 !Seattle, WA 98115 Office: 361.881.12791 Direct: 361.446.64301 Fax: 206.729.8845 johncroeurahamus.coin 1 www.grahamus,cottl COMMITMENT 1 INTEGRITY 1 RELIABILITY From; Bruce Terrell - 1107 HOUSTONWW[maito:bruce.terrellttfewiuson.com] Sent: Thursday, September 26, 2013. 4:59 PM To: John Crowell Subject: Email Bid# B236396 Price Quotation # B236396 FERGUSON ENTERPRISES, INC. 6825 WALLISY1!.t: ROA 1) FERGUSON 'WATERWORKS M 1105 IIOtFS ION, TX 7702(1-3258 I'Irone : 713-675-2211 1f:is : 713.676.0803 Bid No • B236396 Bid Date...: 09/26/13 Quoted By: AA Customer.: GRAHAM CONSTRUCTION SVCS INC NEW BROADWAY WWTP 2995 LONE OAK CIRCLE STE I EAGAN, MN 55121 Cust POH..: CHANGE ORDER Cust Phone: 651-687-0648 Terns • NET 10TH PROX Ship To • GRAiiAM CONSTRUCTION SVCS INC NEW BROADWAY WWTP 2995 LONE OAK CIRCLE STE 1 EAGAN, MN 55121 Job Name.: NEW BROADWAY WWTP Item Description Quantity Net Price Uhl Total SP-30X24DOLRNG 30 X 24.8 DOL RING X DOL RING 4 2082.143 EA 8328.57 PIPE: SCI!10 3041. SS Subtotal: Inbound Freight: Tax: Order Total: S8328.57 $0.00 $0.00 $8328.57 Quoted prices are based upon receipt of the totnl quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT TIIE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web nt http://wolseleyna.com/terms_couditionsSale.html. Govt Buyers: All items quoted are open market unless noted otherwise. The information contained in this email, including any attachments, is confidential and niay be privileged. It is intended only for the person or entity to which it is addressed and no waiver is intended by sending this email. If the reader is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking any action in reliance upon this information is strictly prohibited. If you have received this email in error, kindly notify the sender by reply email and delete the original message from any computer. Thank You. The information contained in this email, including any attachments, is confidential and may be privileged. it is intended only for the person or entity to which it is addressed and no waiver is intended by sending this email. If the reader is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking any action in reliance upon this information is strictly prohibited. If you have received this email in error, kindly notify the sender by reply email and delete the original message from any computer. Thank You. PCO 90A PCO 90A -Electrical reroute @ Administration Building Move the electrical conduits in the parking area due to height restrictions. All identified alternatives to this relocation have been eliminated as possibilities, Change Order Request RoSI•:NI)I NI E_IECTRIC C.O.R. # 180018-024 G.C. # Date: /2014 Protect Name: 180018 Broadway WWTP Project #: 180018 To: Graham Construction Services, Inc. Attn: John Crowell 2995 Lone Oak Circle, Suite 1 Eagan , Mn 55121 Phone: (651) 687-0648 Fax: (651) 687-0947 We hereby propose to make the following changes: Core Beams Exclude: & Raise Conduit - Overtime Labor Costs - Structural Integrity of Building after Core Drilling From: Electric Corpus Christi, TX 7841 Phone: (361) 248-4901 Fax: (361) 248-4906 Change Order Price Original Contract Amount $6,480,000.00 This price is good for 20 days. If conditions change, this price is void. We are requesting a time extension of days in conjunction with this change. /2014 Author Date Sent Accepted The above prices and specifications of this Change Order request are satisfactory and are hereby accepted. All work to be performed under same terms and conditions as specified in original contract unless otherwise specified. Authorized Signature Date of Acceptance Page 1 of 1 Rosendin Electric CHANGE ORDER SUMMARY SHEET Project Name: Broadway WWTP Change Description: Admin Building Conduit Core & Raise REI Change No.: Date: 7 -Nov -14 Taxable: No MATERfAUQUOTES: Amount Op Rate Extension Subtotals & Totals Material Total: $22,570.12 X 1.0 $22,570.12 Material From T&M Recap Sheet: $0.00 X 1.0 $0.00 Total Quotes: $0.00 X 1.0 $0.00 Total Freight: 80.00 X 1.0 $0.00 SUBTOTAL: $22,570.12 LABOR: Straight -time Labor: 494.42 X $39.76 819,658.14 Overtime Labor @ time & one half: 0.00 X $57.31 $0.00 Double Time Labor: 0.00 X $74.50 $0.00 Instrumentation Straight Time Labor: 0.00 X $75.00 $0.00 Total Manhours: 494.42 Labor from Time and Material Sheets: r o! Tics & tabor Eat from Attachment 0.00 $0.00 General Foreman Straight -time Labor (10% of Man Hrs): 494.42 49.44 General Foreman Straight -time Labor: 49.44 X $57.44 $2,839.95 General Foreman Overtime Labor (10% of Man Hrs): 0.00 0.00 General Foreman Overtime Labor @ time & one half: 0.00 X $79.78 $0.00 General Foreman Double Time Labor (10% of Man Hrs): 0.00 0.00 General Foreman Double Time Labor: 0.00 X $102.12 $0.00 Estimating Time: 0.00 X $71.87 $0.00 Mat. Proc. & Handle (5% of Labor Cost): 19,658.14 X 5.00% $982.91 Update As -Built Dwg's: 0.00 X $59.86 $0.00 SUBTOTAL: $23,480.99 $23,480.99 DIRECT JOB EXP: Consumables/Expendable Tools (6% of Mat.): $22,570.12 X 3.00% $677.10 Drawing Reproduction and or BIM : $0.00 X 1.0 $0.00 Safety @ $0.50/MH: 543.86 X $0.50 $271.93 Equipment: $2,600.00 X 1.0 $2,600.00 Project Mngmt: 5% of Labor: 23,480.99 X 5% $1,174,05 Total Subcontractors Quotes: $0.00 X 1.0 $0.00 SUBTOTAL Direct Job Exp: $4,723.08 $4,723.08 Credit: $0.00 X 1.0 $0.00 $0.00 Material/Labor/DJE/Credit SUBTOTAL: $50,774.20 Warranty: $50,774.20 X 0% $0.00 $0.00 SUBTOTAL: $50,774.20 Material Safes Tax @ 8.25% if Project is Taxable: $22,570.12 X 0.00% $0.00 $0.00 Liability/Buitders Risk: $50,774.20 X 2% $1,015.48 $1,015.48 SUBTOTAL: $51,789.68 MARK-UPS: OverheadlProfit @ 15% $51,789.68 X 15% $7,768.45 $7,768.45 SUBTOTAL: $59,558.14 Total Subcontract Values: $17,738.00 X 1 817,738.00 $17,738.00 Overhead/Profit for Subcontract @ % X 15% 80,00 $0.00 SUBTOTAL: Bond Premium: $77,296.14 X CHANGE ORDER TOTAL: $77,296.14 $0.00 1.0% $772.96 $772.96 $78,069.10 Description Quantity Trade Price Unit Labor Unit Total Material Total Hours Material Condition 1 SHORTEN EXISTING TRAPEZE 6 0 E 0 E 0 0 Normal 2 2" EMT CONDUIT 408 791.79 C 12 C 3,230.50 48.96 Normal 3 2 1/2° EMT CONDUIT 286 1,172.84 C 14.2 C 3,354.32 40.61 Normal 4 2" EMT 90 0EG ELBOW 15 1,121.00 C 75 C 168.15 11.25 Normal 5 21/2" EMT 90 DEG ELBOW 11 2,582.00 C 90 C 284.02 9.9 Normal 6 2" EMT INS STL COMP CONNECTOR 12 4,855.00 C 75 C 582.6 9 Normal 7 21/2" EMT INS STL COMP CONNECTOR 8 4,048.25 C 90 C 323.86 7.2 Normal 8 2" EMT STL COMP COUPUNG 45 3,660.66 C 45 C 1,647.30 20.25 Normal 9 21/2" EMT STL COMP COUPLING 31 3,048.53 C 60 C 945.04 18.6 Normal 10 2" EMT 1-H STEEL STRAP 18 1,542.23 C 6.35 C 277.6 1.14 Normal 11 21/2" EMT 1-H STEEL STRAP 12 417.31 C 6.75 C 50.08 0.81 Normal 12 2" EMT STRUT CLAMP 18 882.13 C 6 C 158.78 1.08 Normal 13 2 1/2" EMT STRUT CLAMP 10 539.81 C 7.5 C 53.98 0.75 Normal 14 2" GRC (GALV) 66 2,023.21 C 16.5 C 1,335.32 10.89 Normal 15 21/2" GRC (GALV) 42 3,790.42 C 22.5 C 1,591.98 9.45 Normal 16 2" GRC 90 DEG ELBOW 3 2,918.71 C 150 C 87.56 4.5 Normal 17 21/2° GRC 90 DEG ELBOW 3 5,109.00 C 225 C 153.24 6.75 Normal 18 2" GRC COUPLING 9 821.51 C 0 C 73.94 0 Normal 19 2 1/2" GRC COUPLING 7 2,034.64 C 0 C 142.42 0 Normal 20 2" GRC MYERS HUB 6 1,115.95 C 75 C 66.96 4.5 Normal 21 21/2" GRC MYERS HUB 4 4,547.53 C 90 C 181.9 3.6 Normal 22 3"> 2" REDUCING BUSHING 6 2,685.07 C 60 C 161.1 3.6 Normal 23 31/2">21/2" REDUCING BUSHING 6 4,664.75 C 67 C 279.88 4.02 Normal 24 2" GRC CUT & THREAD 9 0 C 120 C 0 10.8 No Cost 25 21/2" GRC CUT & THREAD 7 0 C 150 C 0 10.5 No Cost 26 2'GRC STRUT CLAMP 24 514.98C 6 C 123.6 1.44 Normal 27 21/2" GRC STRUT CLAMP 10 583.81 C 7.5 C 58.38 0.75 Normal 28 2" PVC END CAP (UG/EMBEDED) 3 935.91 C 30 C 28.08 0.9 Normal 29 21/2" PVC END CAP (UG/EMBEDED) 2 2,290.16 C 34 C 45.8 0.68 Normal 30 3"x7" NON ADJUSTABLE FLOOR SLEEVE 3 4.32 E 0.55 E 12.96 1.65 Normal 31 4"x7" NON ADJUSTABLE FLOOR SLEEVE 1 5.15 E 0.61 E 5.15 0.61 Normal 32 2" CONDUIT SEAL 3 213.16 E 0.84 E 639.48 2.52 Normal 33 21/2"-3"CONDUIT SEAL 1 282.62 E 1.12 E 282.62 1.12 Normal 34 15/8" SLOTTED GALVANIZED CHANNEL 174 510.98 C 22.5 C 889.11 39.15 Normal 35 THRO•ROD-3/8-16-10FT-PLTO 105 123.16 C 16.5 C 129.32 17.32 Normal 36 THRD-ROD-1/2-13-10FT-PLTO 18 274.99 C 16.5 C 49.5 2.97 Normal 37 3/8" PLATED ROD COUPLING 10 376.65 C 15.63 C 37.66 1.56 Normal 38 1/2' PLATED ROD COUPLING 12 572.31 C 15.63 C 68.68 1.88 Normal 39 3/8" STEEL HEX NUT 20 13.77 C 11.25 C 2.75 2.25 Normal 40 1/2" STEEL HEX NUT 36 23.6 C 12 C 8.5 4.32 Normal 41 3/8" FLAT STEEL WASHER 20 8.1 C 0 C 1.62 0 Normal 42 1/2" FLAT STEEL WASHER 24 18.07 C 0 C 4.34 0 Normal 43 3/8"x3 3/4" KB-TZ CRACKED CONCRETE ANCHOR 10 50.12 C 27 C 5.01 2.7 Normal 44 810 XHHW-2 STRANDED 140 601.56 M 12 M 84.22 1.68 Normal 45 82 XHHW-2 STRANDED 35 3,673.04 M 28.5 M 128.56 1 Normal 46 84/0 XHHW-2 STRANDED 140 12,266.80 M 49.5 M 1,717.35 6.93 Normal 47 1118 -12 TWISTED PAIRS CABLE - 89741 35 3,853.00 M 42.19 M 134.85 1.48 Normal 48 POLYTWINE 376 12.11 M 5.86 M 4.55 2.2 Normal 49 4" CORE 6" WALL 12 0 E 3 E 0 36 Quoted 50 DEMO 1 1/4"-2" GRC CONDUIT 314 0 E 8.79 C 0 27.6 No Cost 51 DEMO 2 1/2"-3" GRC CONDUIT 170 0 E 10.74 C 0 18.26 No Cost 52 DEMO 814-810 WIRE 1,204 0 M 5.86 M 0 7.06 No Cost 53 DEMO SURFACE MOUNTED STRUT 5 0 E 0.25 E 0 1.25 No Cost 54 DEMO TRAPEZE MOUNTED STRUT 6 0 E 0.33 E 0 1.98 No Cost 55 CUT ALLTHREAD 12 0.00E 0.25 E 0.00 3 No Cost 56 REMOVE & RE-INSTALL CONDUIT TO FLR ABOVE 9 0 E 1 E 0 9 No Cost 57 18°X30°J-B0XNEMA 4X 2 1,150.00 E 1.1 E 2,300.00 2.2 Normal 58 2P 1122 RS-485 70 225 C 4 C 157.5 2.8 Normal 59 DEMO/REWORK UNDERGOUND CONDUITS 1 0 E 48 E 0 48 Normal 60 WATERPROOFING NEW EXISTING CORE 1 500 E 4 E S00 4 Normal $ 22,570.12 494.42 TOTAL Kent Broadway WWTP, Corpus Christi, TR PCOM 90A rev2 Admin Bldg Elevation Conflict Electrical Utilities-Rosendin PCMB: RFPM: Change Cacti lion: Core and Reroute Admin Canduit Ove head from West si Ta< Rate: 825 Description r....-4' yd.r,yn eab Qty Uof M AY2 crew Rare Total Hours Labor Unit Hours Material that Mrs Equip Unit Price Sub Unit PO. Total Labor Payrol Taxa& Insurance Labor wfP71 Material Cost Equipmen tCost Sub Cost Total Cost Estimate Preparation 0104165 1 HR 30.00 1.00 1.0000 50.00 50.00 50.00 550.00 512.00 542.00 50.00 00.00 50.00 542.00 Budget Revisions 0104620 1 HR 75.00 1.00 1.0000 50.00 50.00 50.00 375.00 530.00 5105.00 50.00 50.00 50.00 3105.00 Finnan 0104130 4 FIR 37.50 4.00 1.0000 50.00 50.00 50.00 5150.00 060.00 5210.00 50.00 50.00 50.00 5210.00 Site Scheduler 0105130 01416 40.60 0.00 1.000050.00 50.00 50.00 00.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 56.00 50.00 50.00 50.00 50.00 50.00 00.00 Graham Labor -Layout 1 FIR 29.10 27.25 27.2500 5792,98 5317.19 51.110.17 00,00 50.00 50.00 $1.110.17 Graham Labor -Inspection 1 FIR 29.10 2836 28.3642 5825.40 5330.16 51.15556 50.00 50.00 50.00 51,155.56 Graham Labor-Co4ng 1 HR 29.10 30.00 30.0000 5873.00 534920 51.22220 50.00 50.00 50.00 5122220 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 _ _ 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0,00 50,00 50.00 50.00 50,00 50.00 50.00 50.00 Coro Admin Bldg -Reroute Conduit Overhead from West - Roscrrdin Elect I lot 29.10 0.00 378.069.10 5100 50.00 50.00 S0.00 50.00 578.069.10 578.069.10 29.10 0.00 50.00 50.00 50.00 50.00 50.00 30.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Sales Tax on Consumables: 50 0.00 50.00 - 50.00 0.00 Subtotal: 91.61 53.844.92 S0.00 50.00 578.069.10 581914.02 50.00 Safety 0151801 596.12 596.12 5m311 toots 0152990 524.031 524031 Coneomables 0152903 5480.62 _- 5480.62 30.00 Subtotal: . 03.844.92 5817.05 50.00 578.069.10 582.731.07 Subtrade Bond 0174400 511.71037 511.710.37 Performance .5 Povment Bond 0174350 5613.87 5613.87 Builders Risk 0175100 579331 579331 General Liability Insurance 0175220 5252,75 5252.75 Subtotal: 53,544.92 514.21734 50.00 578,069.10 596.1331.36 Overhead & ProOt 0192310 56.612.79 56.612.79 Texas Franchise Tax 0176000 51.027.44 51.027.44 TOTAL: 53.844.92 521,85758 50.00 578.069:10 S103.771.60 PCO 9013 PCO 90B -Drain Line reroute and cores @ Administration Building Drain line reroute to avoid conflict with fire suppression system. Carollo sub LNV requested a cost proposal for coring and rerouting of pipes to avoid conflict with the fire suppression system. RFI 301. From: John Crowell To: John Crowell Subject: FW: 180018.024 Change Order - Updated Date: Wednesday, February 18, 2015 10:46:28 Mt Attachments: Jmage002.ong Jmane005.ong From: Dustin Doyle [mallto:ddoyle@rosendin.com] Sent: Tuesday, September 23, 2014 5:50 PM To: John Crowell Cc: Brandon Wilson; Patrick Phelps; Clay Howard Subject: RE: 180018-024 Change Order - Updated John, See below. -Plumbing Total: $13,801.00 (includes OHP) Includes(4 Cores) 1etfiCal�,,tai: ;f0,GG2.hs OI If j Plumbing: $10,730.00 The locations for the plumbing cores are marked on the beams (on site). The locations for the electrical coring will be the same route that the current conduits are located (just located in the beams above the conduit). I'll get you the coring sizes/diameters, but I cannot imagine how that would play a role in determining if the price is good? Currently, we are looking at a 47 working day extension if the work can be done simultaneously. Within the working 40 days, we are estimating 7 working days of coring. We do not have overtime bid into this change order. We do not have multiple mobilizations bid into this change order. If the owner elects to perform only the plumbing work, we will have a small adder to the Plumbing Total ($13,801.00) to cover additional general conditions/supervision for monitoring subs. I will also have to confirm with the subcontractor on quantity of extended working days. Please call me if further discussion is needed. Sincerely, Dustin Doyle South Texas Division Manager Rosendin Electric Direct: 361-248-4901 ext 701 Fax: 361-248-4906 Cell: 512-8449033 .61 From: John Crowell[11.1ailto:johngroCdgraltarnus,cont} Sent: Monday, September 22, 2014 9:50 AM To: Dustin Doyle Cc: Brandon Wilson; Patrick Phelps; Clay Howard Subject: RE: 180018-024 Change Order - Updated Dustin, We just went through the approval for Admin Bldg -- lower level - Total Fire Protection coring, it generated a large amount of questions on coring pricing between the Engineer and the CM. They wanted to confirm the locations, the number of cored holes, diameter, roughly how long it would take (11 cores/day, 0 days), any sources of extra costs like overtime, crew size, etc. To cut to the chase, can you please have the tearn break costs into Plumbing work (if we must core holes to run gravity drains) and Electrical work separately. I saw the $17K Subcontract cost, if that is the coring costs please confirm the locations, the number of cored holes, diameter, roughly how long it would take (11 cores/day, 11 days), any sources of extra costs like overtime, crew size, etc. since they will have to be approved by the Engineer. Then please separately group the costs for any electrical conduit relocation. 1 saw the $17K Subcontract cost, if that is the coring costs This way the Engineer or CM may elect to do all the work or only core for the plumbing. Please let me know if you have any questions. Thank you. John Crowell P.E. Sr. Project Manager Your Construction Solutions Partner 9709 Third Avenue NE, Suite 3001 Seattle, WA 98115 Office: 361.881.1279 1 Direct: 361.446.64301 Fax: 206.729.8845 johncro ci oraharmis,eom I www.grabainus.com COMMITMENT 1 INTEGRITY 1 RELIABILITY From: Dustin Doyle [mailto:ddoyleaDrosendin.comj Sent: Friday, September 05, 2014 9:02 AM To: John Crowell; Patrick Phelps Cc: Brandon Wilson Subject: FW: 180018-024 Change Order - Updated John/Patrick, Please see the attached costs for the repiping/coring below the admin building. We will require and executed change order prior to proceeding. Please call with any questions or concerns. Sincerely, Dustin Doyle South Texas Division Manager Rosendin Electric Direct: 361-248-4901 ext 701 Igax: 361-248-4906 Cell: 512-844-9033 From: Brandon Wilson Sent: Friday, September 05, 2014 8:50 AM To: Dustin Doyle Subject: 180018-024 Change Order - Updated Attached - Thank you, Brandon Wilson Assistant Project Manager Rosendin Electric 2050 Saratoga Blvd. Corpus Christi, TX 78417 direct; 361-248-4901 EXT. 714 cell: 361-737-5907 L�} 'Me information contained in this email, including any attachments, is confidential and may be privileged. It is intended only for the person or entity to which it is addressed nand no waiver is intended by sending this email. lithe reader is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking any action in reliance upon this information is strictly prohibited. I1 -you have received this email in error, kindly notify the sender by reply email and delete the original message from any computer. 'I'laank You. New Broadway WWrP, Corpus Christi. TX PCOB 90 Admin Bldg Elevation Conflict Utilities-Rosendin B PCMB: REPO: Chance Description: Core and Reroute Plumbing Only Tax Rate: 5.25 Dcscri pilau ,,._.-s Pv.ew. c.d. Qty Uof M Avg crew Rata Total Hours Labor Unit Hours Material Unitrricr Equip Unit Prim Sub unit mire Total Labor Pay rol Taxes& Insurance Labor wOPTI Material Cosl Equipmeo t Cost Sub Cost Total Cost Estimate Preparation 0104165 1 HR 30.00 1.00 I .0000 50.00 50.00 50.00 530.00 512.00 542.00 50.00 50.00 50.00 542.00 Budget Revisions 0104620 I HR 75.00 1.00 1.0000 50.00 50.00 50.00 575.00 030.00 5105.00 50.00 50.00 50.00 5105.00 Forman 0104130 4 HR 37.50 4,00 1.0000 50.00 50.00 S0.00 5150.00 560.00 5210.00 50.00 50.00 50.00 5210.00 Site Scheduler 0105130 0 IHR 40.00 0.00 1.0000 50.00 50.00 50.00 50.00 50.00 $0.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50,00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0,00 30.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50,00 50.00 29.10 0,00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0,00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 00,00 50.00 50.00 50.00 50.00 Com Beams -Reroute Plumbing- Rosendin Elect 1 lot 29.10 000 513.301.00 50.00 50.00 50.00 50.00 50.00 513,801.00 513.801.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50,00 50,00 50.00 50.00 50.00 Sales Tax on Consumables: SO 0.00 50.09 - 5000 0.00 Subtotal: 6,00 5357.00 50.00 50.00 513.801.00 514,158.00 $0.00 Safety 0151001 5893 58.93 Small tools 0152990 02231 522.31 Consumables 0152903 544.63 574,63 50,00 Subtorol: 5357.00 575.86 50.00 513.801.00 514133.86 Subtrade Bond 0174400 52.070.15 I 51070.15 Performance & Payment Bond 0174350 5105,98 5105.94 Builders Risk 0175100 5136.95 5136,95 General Liability Insurance 0175220 548.81 548.81 Subtotal: _ 5357,00 52,437.76 50.00 5133.801.00 516595.76 Overhead & Profit 0192310 81.10926 51,10926 Tee= Franchise Tax 1 0470000 5177.05 017705 TOTAL: 5357.00 53,724.07 50.00 513,801.00 517,882.07 PCO 91 42" Tie In Graham started work but was requested to not complete it. Includes sunk costs to date for pipe fab and fittings, shoring and trench box rental, rental of excavator, excavation, rental of crane, etc. Change Directive 21. Sex 0904040 390TP. Carpus Christi, TX PCO'H • 12,0 7. -in 51)1 Rehab • Om of 0,05,0 1.9iuk PCM): RFP): armee D.._riPtion, PC00)- 41in TS,_in 11I) Rc4,5• Out if'S.npc 3004 Tax Rate: Otscrimion ,....r (30 1101 51 Mx error Rate Tom' Hours Labor Writ Hohn Material On 0144 Equip Uwe r,to• Sub Um run Tool Labor Pa77o1 T04940 Irumaneo Labor .r/PTI Material Cont Equipment Cost Sob Cost Total Cast Unman Prepalatun 0104165 4 141 30.0 400 1110x0 500 50100 4111) 0)20341 51501 51644,00 50.10 10.00 50.00 5161100 1000 Re.ini40c 11111.1101 4 HR 70.153 4.00 1.0000 50.191 501011 50.011 171400 51210 1420.00 5000 50.10 $41.00 547)1.)41 011015±00.410, 0105)70 0 HR 60.0 0100 144441 500 50100 5110 540 5000 50.00 0000 50.01 50,00 41.10 SupennuoWa 0123110 all HR 75.00 40.00 111011 541000. 500 51,50 53.000.10 511000 54.20.0 30.10 511.00 10.0 54.2900 Ftunun 110,0)3) 411 RR 37.3.11 19.91 14X0!1 51.19) 5100 5100 51 _500.00 5(X91.05`' 11010 5100 50,00 50100 52.10.91 0oemnO-TeaolM' 30 HR 70011 40.00 11010 50.0 5010 30.0) 31100.01 540010 51.60000 50.01 111.00 50.91 51.933500 ihner 6r-LUlkr 2 HR 311.00 .214) 1100 50101 5100 511.00 5010 524.10 5000 50011 50.10 51.141 1.9.111) 0p000)409-0e0.1i0 1 HR 50.01) 110 114411 500. 5111111 5110) 0.01141 $1710) 542230 5000 51.00 3000 54710 Pim4001e 40 HR 3130 411.00 1,9))1 309) 51.40 50.011 01_244.01 549/20 51.74731 500) 50.141 50.(10 51.747211 1.9110) 51.00 5070 $610 50011 41.9) 5000 50.00 50.170 50.141 41.10 0)5 E94ip E 9 ,o000 Ko,52 1 EA 114441 51.10 S11.17924 50.011 51.94 50.10 50.33 50.33 511,17914 50.50 0:1.)7024 Cull C04.4C140e Rental [ EA _ 11410 50.91 53379.00 511.00 111.10 5000 50.10 30.011 53.570.10 30100 533711,10 EA 11010 51.110 51.10 50.10 51.001 50.10 $0.00 5010 51.00 5500 511.00 EA 1.940 50.00 5100 111.110 5040 51017 5110 5010 50.91 . 50100 10,110 11x00 51.00 50.40 510.10 10.10 509) 50.00 5610 5050 500 5091 Ton )3pc 420.440 Fa6'J Rune 1 EA i 000 104IO 5).07 5153)0141 3000 5003 50.10 51110 5)1141 515.30110 515.3901)7 Titan PIN 1o:1c1oo, n+u:al Gmpline. 1EA 11X)0 500 51.00 16.93920. 5030 5910 5)01 5700 54000 56.13035 56.019.3 11)96. 5070 5100 5010 50011 5010 5010 5010 341.00 50.0 5091 29.10 0.10 5000 5000 5100 10.151 5091 5000 50.10) 000)er Pune Ea 11iu9H0000.Fi_. 1 E_4 29.10 000 510.794.00 5013 50151 50,0 3000 30.0 510.794.0 010.794.0 Skmnr•Tamch Roc [ EA 29.10 0110 057.67239 510 0000 30.0 9010 511.0 527.672.39 071.672.39 VG 4.-a04400en tmee1 mu mr 7. E4 29.10 000 5114010 51.01 5000 500 500 53.1110.0 5010 5331030 Parable Water Oulliln 2 EA 29.10 0.0 5500 51.0 500 501111 50191 9110.10 51.0 51010 PM00e WS44e90)011 1 E.4 29.111 00 _ 531)00 500 5000 500 51.101551.91 50.0 59030 Tion 54100540)) co4.Oo.lnll. I EA 040 54x5.445 50.00 5000 30.0 54873)5 sumo 50.0 5457.45 RC Equip•Loader 40111 EM 000 129.()300 50.33 5000 50.00 51.0 54394.60 50.0 5431960 1 EA 01.191 10.0 5000 30.0 50.0 50.10 50.0 50011 Impnn 0e041MP Mild 1E0. 091 51.72510 5(1.91 50.01 00.0 51.75.0 50.141 500 51.715,0 (iOIOOm Lg.: 041Mer. b1V0115 i n.ull,Mu. WCeti11 1 SA 29.111 00.00 0)0.11941 12.335.9) 5931.20 03759,20 5030 50.0 50.15) 4.219.20 11.0 5041) 5010 50.0 5110 $1.0 510 5000 Sale. Tax on Como mahfe.51 0.00 5000 10.0 Santo:al: 31.0 513.7040 53112345 42.59640 560.405.64 595.913.7. 50.00 54149 (11511)01 5515 51 5342.51 50111 0)4. 1115500) 5x3529 ASK 444 C munn,0n9.. II 152941 11.712.55 31.711.55 5(1.19) 5931111/ 51 .710,40 05.122419 553,506.54 5(41.41)5.64 0RI1327.07 S90041k 0204 1117.40 4911011L0 5906055 (4rlimvn r.h P1)0,0 t 0.00 01743511 5720.77 972077 Om i1Jen 149li (1175100 1931.344 59.11.41+ Ggtcnl Ln6i1m9. Inwnnce 111752/11 5331:0 431.911 0110)1151)' 513.70.40 3)6.10935 522315.51 5(41.109.61 S11' 572.13 OverinaJ 5 Pn,14 0142311) SIOX94026 511)3917:5 Te14.Fnmh54Tax 0170000 51237.32 51217.92 T02541.1 513,7030 525197.13 122396,43 500.405.61 51210111.11) (Change Directive # 21 Corpus Christi New Broadway WNTP !Carollo Program Printed 02/19/2015, Page 1 of 1 42" Effluent Tie -In Created By: Created: Freese & Nichols, Adam Payne 02/03/2014 NM FREESE alli• ?NICHOLS Submitted : 02/03/2014 Submitted To: Carollo Engineers,City of Corpus Christi,Freese & Nichols,Graham Construction,John Crowell Revision Date: Status: Pending Priority: Low Design Clarification: See attached pdf for 42in Effluent Line Tie -In Plan and Detail sheets. The Contractor is directed to tie-in the 42inch effluent line per the attached sheets and project specifications. Provide cost and time impacts to the CM team for the proposed work included in this Change Directive. References Specification # 02084 Published Drawing # 083.01-Y-08 Published Fifes 42in Effluent Line Tie -In Plan and Detail S&S 1.31.14.pdf 187.86 KB eaitoc: winareal smPsquoo I gy1Nsr I s/ao..B.n saapvas 6,4maui6u3 N wouspeda0 0131Y18Vd30 ..... 831VM31SVM SVX31 11S18N3 S/M803 30 A110 1r'J3a aNv NV1d NI -311. 3NI1 1N3111333 „Zj, NOILVIIIIOVNaU8N191N7flhdd7 d1lNM AVMOVOBO to Alz. •1 t } 0 rrg 1 Qa stri • �Y !/ / // ' tF('/ r / 1./ 1 jI i , 7 ` 11 /: t i / ' 4IND\\ t 1 `/, 1v. i1 alt z g • PCO 92 Motorized Overhead Doors SDB/HW Power to the roll up doors at the SDB and the headworks was not included in the drawings. Carollo sub Mike Colwell reply gave routing and circuit connection instructions. RFI 385. ROS .Nl)I N ELEr_ 1 l(. Change Order Request C.O.R. # 180018-02 G.C. # Date: /2014 Project Name: 180018 Broadway WWTP Project #: 180018 To: Graham Construction Services, Inc. Attn: John Crowell 2995 Lone Oak Circle, Suite 1 Eagan , Mn 55121 Phone: (651) 687-0648 Fax: (651) 687-0947 We hereby propose to make the following changes: Exclude: - Overtime Labor Costs - Structural Integrity of Building after Core Drilling From: Electric Corpus Christi, TX 7841 Phone: (361) 248-4901 Fax: (361) 248-4906 Change Order Price Original Contract Amount $6,480,000.00 This price is good for 20 days. If conditions change, this price is void. We are requesting a time extension of days in conjtmction with this change. /2014 Author Date Sent fl Accepted The above prices and specifications of This Change Order request are satisfactory and are hereby accepted. AU work to be performed under same terms and conditions as specified in original contract unless otherwise specified. Authorized Signature Date of Acceptance Page 1 of 1 Rosendin Electric CHANGE ORDER SUMMARY SHEET Project Name: Broadway WWTP Change Description: Motorized Doors REI Change No.: 025 MATERIAUQUOTES: Material Total: Material From T&M Recap Sheet: Total Quotes: Total Freight: SUBTOTAL: LABOR: Straight -time Labor: Overtime Labor @ time & one half: Double Time Labor: Instrumentation Straight Time Labor: Total Manhours: Labor from Time and Material Sheets: General Foreman Straight -time Labor (10% of Man Hrs): General Foreman Straight -time Labor: General Foreman Overtime Labor (10% of Man Hrs): General Foreman Overtime Labor © time & one hall General Foreman Double Time Labor (10% of Man Hrs): General Foreman Double Time Labor: Estimating Time: Mat. Proc. & Handle (5% of Labor Cost): Update As -Built Dwg's: SUBTOTAL: DIRECT JOB EXP: Consumables/Expendable Tools (6% of Mat.): Drawing Reproduction and or BIM : Safety @ $0.50/MH: Equipment: Project Mngmt: 5% of Labor: Total Subcontractors Quotes: SUBTOTAL Direct Job Exp: Credit: MateriallLaborfDJElCredit SUBTOTAL: Warranty: SUBTOTAL: Material Sales Tax @ 8.25% if Project is Taxable: Liability/Builders Risk: SUBTOTAL: MARK-UPS: Overhead/Profit @ 15% SUBTOTAL: Total Subcontract Values: Overhead/Profit for Subcontract @ % SUBTOTAL: Bond Premium: CHANGE ORDER TOTAL: Amount $9,129.19 $0.00 $0.00 $0.00 123.81 0.00 0.00 0.00 Op X X X X Date: 14 -Nov -14 Taxable: No Rate Extension Subtotals & Totals 1.0 $9,12919 1.0 $0.00 1.0 $0.00 1.0 $0.00 $9,129.19 X $39.76 $4,922.69 X $57.31 $0.00 X $74.50 $0.00 X $75.00 $0.00 123.81 p of Hrs & Labor Ext from /UhKI rnent 0.00 123.81 12.38 12.38 X 0.00 0.00 0.00 X 0.00 0.00 0.00 X 0.00 X 4,922.69 X 0.00 X $9,129.19 X $0.00 X 136.19 X $2,600.00 x 5,879.98 X $0.00 X $0.00 X $18,245.14 X $9,129.19 X $18,245.14 X $18,610.05 X $0.00 X x $0.00 $57.44 $711.16 $79.78 $0.00 $102.12 $0.00 $71.87 $0.00 5.00% $246.13 $59.86 $0.00 $5,879.98 $5,879.98 3.00% $273.88 1.0 $0.00 $0.50 $68.10 1.0 $2,600.00 5% $294.00 1.0 $0.00 $3,235.97 1.0 $0.00 0% $0.00 $3,235.97 $0.00 $18,245.14 $0.00 $18,245.14 0.00% $0.00 $0.00 2% $364.90 $364.90 $18,610.05 15% $2,791.51 $2,791.51 $21,401.56 1 $0.00 $0.00 15% $0.00 $0.00 $21,401.56 $0.00 $21,401.56 X 1.0% $214.02 $214.02 $21,615.57 Description Quantity Trade Price Unit Labor Unit Total Material Total Hours Materia! Condition 1 8"x6"x4" HINGED COVER NEMA 4 1 147.9E 1.65 E $ 147.90 1.65 Normal 2 3/4" FORM 7 FELAROYTCONDULET 4 15.56E 1.5E $ 62.24 6 Normal 3 2" FORM 7 FELAROY T CONDULET 1 70.47E 4.1E $ 70.47 4.1 Normal 4 2" FORM 7 STEEL CONDULET GASKET 1 6.27E 0.7E $ 6.27 0.7 Normal 5 3/4" ARC (AL) 400 277.27 C 8.2 C $ 1,109.08 32.8 Normal 6 3/4" ARC MYERS HUB 5 604.58 C 30 C $ 30.23 15 Normal 7 3/4" AL GRD BUSHING 10 948.02 C 67 C $ 94.80 6.7 Quoted 8 3/4" ARC STRAP 21 127.7 C 6 C $ 26.82 1.26 Quoted 9 3/4" LT FLEX 12 417 C 75 C $ 50.04 0.9 Normal 10 3/4" LT STRAIGHT CONNECTOR 8 603.36 C 27 C $ 43.27 2.16 Normal 1115/8" SLOTTED GALVANIZED CHANNEL 20 510.98 C 22.5 C $ 102.20 45 Normal 12 3/4"SSSTRUT CIAMP 1 338 C 43 C $ 3.38 0.04 Normal 13 112THHN/THWN STRANDED 800 278.6 M 9 M $ 222.88 7.2 Normal 14 d12/3C THHN TRAY CABLE 800 553.02 M 27 M $ 442.42 21.6 Quoted 15 15.3" SUPER -GRIP CABLE TIE (SGS) 200 34.92 C 0.05 E $ 69.84 10 Normal 16 3/4" Korn Clamps 11 1.71 E 0.7 E $ 18.81 7.7 Normal 17 NEMA 4 S5 SIZE (1) COMBO STARTER 4 1,070.59 E 2 E $ 4,282.36 8 Normal 18 50.D MODEL 6 MCC 20A BREAKER 2 1,170.59 E 2 E $ 2,341.18 4 Normal 19 2" CORE 12" WALL 3. 0 E 3 E 0 3 Normal $ 9,129.19 123.81 TOTAL New Broadway WW1?. Corpus Christi, TX PCON 92 Motorized Overhead Doors Electrical Utilities-Roscndin PCMU: RFPO: Chance Description: Provide a dediated 20A Circuit from DP55A Tax Rate: 825% Description .....T r,a.rw Cwn Oty Uof M Avr..mcw Rate Total Hours Labor Unit Hours Material Unit Iger Equip Una Pero Sub unit Pdsr Total Labor PAycol Taxes& lay Labor w/PT1 Material Cost Equipmeo t Cost Sub Cost Total Cost Estimate Preparation 0104165 1'1.R 30.00 1.00 1.0000 50.00 50.00 50.00 530.00 512.00 542.00 50.00 50.00 50.00 542.00 Budget Revisions 0104620 1 HR 75.00 1.00 1.0000 50.00 50.00 50.00 575.00 530.00 5105.00 50.00 50.00 50.00 5105.00 Forman 0104130 4 HR 37.50 4.00 1.0000 50.00 50.00 50.00 5150.00 560.00 5210.00 50.00 50.00 50.00 5210.00 Site Scheduler 0105130 0 HR 40.00 0.00 1,0000 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50,00 50.00 50.00 S0.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50,00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 5000 30.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00. 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.09 50.00 30.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 30.00 50.00 Provide dedicated 20A Circuit from DP55A Por motorized electric overhead doors SOB 1 lot 29.10 0.00 521.615.57 50.00 50.00 50.00 30.00 50.00 521,615.57 521.61557 _ 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Sales Tac on Conswnables: 50 _ 0.00 50.00 50.00 0.00 Subtotal: 6.00 5357.00 50.00 50.00 521,615.57 521.97237 50.00 Safety 0151801 50.93 58.93 Small 10015 0152990 522.31 522,31 Consumables 0152903 544.63 544.63 30.00 Subtotal: 5357.00 575.86 50.00 521.61557 522.048.43 Subttade Bond 0174400 5314234 5334234 Performance &Payment Bond 0174350 514439 516459 Builders Risk 0175100 5212,44 5212.44 General Liability Insurance 0175220 575.72 575.72 Subtotal: 5357.00 53,770.75 50.00 521,615.57 525.743.32 Overhead et. Profit 0192310 51,699.94 51.699.94 Texas Franchise Tax 0176000 5274.43 5274.43 TOTAL: 5357.00 35.745.12 50.00 521.615,57 527.717,69 PCO X1 ATS Mods In ECR -1 for Generator This is for additional programming and modifications to the automatic transfer switch in ECR -1 to provide greater exercising functionality. These changes were provided by Carollo sub Mike Colwell in the March/April 2014 time frame. No% W TP. c..11" ClirutL Tx RCIY % I ATt1,4101.01415. 0.iairw.1tixmla ICM.. Kfl .' CV ayr 1.x.„100.00 A15C„m..11..., 161.101,.4 Dow 0l.... •..--T r,....later tu. Ow L.1. Area.. M Au. TY.' limm. LA., Ilea IS .4.1 M.. 1. [910 1 w . 1W r.,. 7.11 1...5.... T& .. 1..rr. .Ilfl 141....1141...141....1.1C.... 1 CVJ... I.. 4 G..+ S..t, C. 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In the March/April 2014 meetings on the generator changes related to PCO -X1, including Carollo sub Mike Colwell, it was determined this additional connection was required. x.. 10401 1) 0M•Tf. C •4•.0040((T5 PCtr X_iixval.r (ooJl ICl(l. ..6+u.,14(.o Jln 1'1'01• N11, CI....' 13e.nr.+ O..rr.5.... ._.� f UN M A.otr.. 11. ,. Tn.1 11. 01 L.15.35.1, 41.0 . M.O15.1 W Eq,4 ` N...1.1...•A Y01 TMJ 41 r...e roars .1.. 1M..14.1.o€e 1.1.0 .1.11 M.n.I Cm T+.d100,1 101. 1 T.r.Cw I. rCr C r 1,0.0..1035001... III11.19M1] t 1114 1140 1 o 11 SUW 1413) 1.10 .01 51_.40 51_01 1.11 in 5 5040 10101 I.J.r11rn..r+,. .11.111 1 1 104 la W 10.130 S> W 1040 5/ 11 T1;1O4 5401. W SOW 1144W. Ps4g 510101_ W 1.9310 011015O :Mt -11 ,11 :0 I4 9140 10.101 Soto IIS W S10 4.0 S105 03 0411 _ SOW IOW ItOS.92 14174.1.14... 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N t.:1.9.1 1`0.....010. 111$015, 115.40• yS.fN So11) 500.11 511!w 10.01 51430141 ((11:01.05 ...soma, K.., 01141.1 S1, TSM 51.5_101 tr.n..e 107.1_11114130 ,115,1 SITS.. 01,,0..<1 1117111(1 F 14015. FII . 00.011••4.1.. 10....01 a17420. 1140 u. • F4,.. .1 "•"0•1 501.11 V.474,7 5.1.1 5110..11. _I1 • ,11 r. .(1.11.116 M.3n9350115 S1 IY II 1.v..,.c1r Tn1,. ..,. ' 1 F51.31.521110.5. 1 1(413)1_ 1 _, 5111, VI 41.1]]211 5300 5113101 .511)11.14 PCO X3 ECR -1 Stair Landing Design There was a mismatch between the NW stair final landing and the achievable drive elevation to meet drainage requirements. Carollo advised via email that a step be constructed using standard details. X.. Ina., WWII% C..41 3011411. TX Mil. XI IX14.1.11. rLIdg 411011 IC14. X1.1. 5`10.1 I Sewn41l.n IC0.1 4... !An1.A+ 17.. Tax 1410 n.,,...4......n.,,...4...........Y ...r Cow Uet, Awn .. M �11I 0014 ... i11 I..b 14 .11 1owa 10..1 1.10 11.....0. Nwis 1 111... 11A n..rva. T1.1 3213.1 I'nr.1 Tian T& 11.rn... 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W., 1.+3.10!' _ C1,uu_iv PLIWIT Wn0 11. _ el4..1..W A 1%04 nlv`41i1 _ 3S}1at 34111 111..01011.1 ulhea. - 14.0 )1 Ivo 51 711141. 111400. 1111_21. 01.. $11) 014.1I7.. PCO X4 SCADA Programming Changes Changes to the SCADA programming beyond those originally identified during the configuration meetings and witnessed FAT testing in December 2012 and January 2013. }I_,\l;,,,El;,: _ .� a.,-., f i Q | 888-88s , , is b \/ (\ . 9 k a 353333888888 3 m. 3 8 - |„■■...sa,R, \ w § § § [1,!|||!!!|||!I 833 ) 3 3 5 3- 3333 1 98583338 - ! H3 8 | g tf |§§! 4 ; | | k ; } P|Q \ $|Q | |$ 8 n 3 ] i1 2|||38393858 |!\ §!||||| --huaai !333 § ' / }!§8 1011! � �� |w j ! : |`!88i —||! `.Mi|,—z! .0 |3!!|A2;2/k : 33? #!_! . . a 4 )' \6 j}} )S\( f - ^ \ ! - i i , ; }f ). ! ll.|. ..11 ,i . i 1 ,! 111 1 ,� 1, I. _ PCO X5 SCADA Relocation Relocation of SCADA from the temporary location in the old plant to the Administration Building. New (0...0 %WTI% Coq.. CNWt TX MI. x5 NC/1MI4k al. x501.. 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Sv 10401 311.51190 51=10.1.27 axe 111. 11)500.1 31,573 PIS 51.17350 re0..1....ax 01 1......-..1...) 100415 lapin 411..0 I..n...x..4 11751111 511111 5114 11 .n 1l..11...... (..*502 0 1x71=0 _ 0) 507 3.03 1.Y011.1- 51_4511 5.150.37 11111 111/50010 SI)IIT 111 _ 11,•....1 A 1 4.4 1111.1:111 11.41117 114.024.17 lww454.rbrt.. 11'11001 - 7i.111 52 510152. 151144(1. 51`31111 0935.17 1111 sialon co 410140 51.5,01430 • PCO X6 Plant Power Cost during Construction This is to cover energy costs during the operating phase of the construction. The owner is responsible for power costs for the start up and commissioning phases. Specification 01110 Section 1.08E. 1.11. 04/4..1444y NWTP, Cirryw CINTa; TX P00. Xf. Tiakl1Wrn 004*dsny S.ni.. KM, Nfl.: 0w1.eh mOln 110.011..c. C4444 41 ringvl.n Tec 01.: 55.,.01.101,44-44 . 14.43.4 !n. <kw 544' 10x0.11. Tw.t 15444.44N.. 11..15444.44.101, Leber y.N 11 100.101 11.14544 1551155. 15.• 134354. 11,..1/5. 5 114 e... 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Ilea. 011111117 N51(0 it ;;ym 11;.5.,30.15+1,0!tonal 111.1 0174334 11711,0. 5170.01 14.1,0,, 000 0173100 .. i0 29151) +00.1,.] 1.4.10.111.10.... 11173=e 30121 3111.17 1111..+ 10.1110.51 11.347.70. SOW 21,12111 2/10/171 f1.1.00. 1.003 010711// 2.01401 212. 2 rel.. lama., 1.+ 0111.11, 2+710 2,7 a re l701: _ 2a10'11 21400w 11(00 21 ,)1016,00 57010100+7 RFI # 393 Corpus Christi New Broadway WW TP Carollo Program Printed 02/19/2015, Page 1 of 1 Admin building fire alarm Created By: Created: EMS FREESE 1 ?NICHOLS Submitted : 06/10/2014 Submitted To: Freese & Nichols,Graham Construction,Steve Eckersley Status: Closed Priority: High Due Date: 06/24/2014 Graham Construction, Jong Pak 06/10/2014 Request: ***6110114•" Please see attached for request. Locations 19-Administration/Operations/Maintenance Building References Drawing # 400-61-E-01 Published Flies Fire Alarm - RFI.pdf 381.79 KB earful: Request for Information KtiT �GTRrG KST Electric 2411 Rand Morgan Road Corpus Christi, TX 78410 RFI # 180018-0052 GC RFI Date: 6/10/2014 Phone: (361) 248-4901 Fax: (361) 248-4906 Project Name: 180018 Broadway WWTP Project #: 180018 To: Attn: Graham Construction Services, Inc. John Crowell 2995 Lone Oak Circle, Suite 1 Eagan , Mn 55121 Phone: (651) 687-0648 Fax: From: Dustin Doyle (651) 687-0947 REASON FOR REQUEST ACTION REQUESTED PROBABLE EFFECT Ei Insufficient Information B! Clarification ❑ Increase Cost O Engineering Conflict 0 Direction 0 Decrease Cost ❑ Alternate Proposal 0 Approval a Unknown Cost ❑ O Increase Time O Decrease Time RESPONSE REQUIRED BY: 0611712014 t7 Unknown Time REFERENCE: DRAWING NO.: FA Submittal SPECIFICATION NO.: SUBJECT: Admin Building Fire Alarm INFORMATION NEEDED: Due to standard Fire Marshall requirements, the already approved Fire Alarm drawings for the Administration Building at Broadway WWTP will have to be resubmitted for approval due to lapsed time between approval and inspection. In reviewing the resubmitted drawings (and incorporating contractual changes since 2011) the following RFIs will need to be answered: 1. Please advise if the Fire Alarm Control Panel can be relocated to replace the Remote Annunciator Panel (please note that the annunciator will be mounted In the electrical room originally designated for the FACP panel). 2. Please confirm that the KNOX BOX will be located at the entrance of the stairwell. In conjunction with the above RFI's, please provide the following: 1. Please provide approved submittal drawings indicating location of the sprinkler riser, Including dry pipe system, for the garage. 2. Please provide CAD files for the parking garage (was not part of the scope during the original submittal time frame). The Fire Marshall will require notification appliances throughout the garage area. RECOMMENDATION; Attached is the drawing recommending the code approved location changes for the FACP and Annunciator. RESPONSE: AUTHORIZED SIGNATURE COMPANY DATE Page 1 of 1 | _ 1 ,_ _�,_n a_ V.WS PI m ( I 2 K K | k / e| q# §\,\z § | fl&§ q , - iq iS p ,i § § » ..N ! K;" q§ ss i- }§ w 0"u \ | _ | | | § \, LI - si si yml$,m� vIp� Ar�1p� �¥O¥O�S� d ■ ■( \ caCDr ƒ. f 0 RFI Response # 2 Corpus Christi New Broadway WVVI'P Carollo Program Printed 02/19/2015, Page 1 of 1 Subject: Carollo Engineers Response to RFI # 393 Submitted : 06/30/2014 Created By: Carollo Engineers, Rene Aguilar Type: Official _ REESE =NICHOLS Response: Submitted by Rene Aguilar, Carollo Engineers (06127/2014): The Fire Suppression System is based upon Specification 13930 of the Contract Documents. This specification is performance based and requires design and installation to be in accordance with the City of Corpus Christ Building Department, City of Corpus Christi Fire Marshal, and the most recent applicable fire codes. The Fire Systems Engineer is responsible for the equipment and locations of all the required equipment for a complete system. Therefore, the questions about the fire alarm control panel, remote annunciator panel, and knox box should be directed to the Fire Systems Engineer. In addition, the questions regarding the approved submittal drawings for the Fire Suppression System and the Project CAD files should be directed to Graham as they have the information requested. earloc PCO X9 RAS Spool Mods There was a bust in the coordinates of the pipe going from the Ameron to the pump station. This resulted in about a 6' change to the connecting pipe. Field discussions took place between Graham and Carollo at time of occurrence. New Broadway W WTP. Corpus Christi, TX PCOM X9 RAS Spool Mods Cost Sodom PCMO: RFPM: Change Oescriptior Layout discrc9an. on Contract Drawinrs Amon Pi RAS Tax Rate: 0.25% Description r_...,T r,,sb„ c.o. Oty Uof 0 Avg crow Rate Total Hours Labor Unit Hours Material van Pr.. Equip Oak Pd¢ Sub Unit Prig Total Labor Payr01 Tales & Insurance Lobor w/PTI Material Cost Equipmcn tCost Sub Cost Total Cost Estimate Preparation 0104165 1 HR 30.00 1.00 1.0000 50.00 50.00 50.00 530.00 512.00 542.00 50.00 50.00 50.00 542.00 Boded Revisions 0104620 1 HR 75.00 1.00 1.0000 50.00 30.00 50.00 575.00 530.00 5105.00 50.00 5000 50.00 5105.00 Forman 0104130 4 HR 37.50 4,00 1.9000 50.00 50.00 50.00 5150.00 560.00 5210.00 50.00 50.00 50.00 5210.00 Site Scheduler 0105130 0 HR 40.00 0.00 1.0000 50.00 50.00 50.00 50.00 50.00 00.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 S0.00 50.00 50.00 50.00 50.00 50.00 29.10 0,00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 00.00 5000 50.00 50.00 50.00 50.00 29.10 0.00 5000 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0,00 50.00 50.00 50.00 50.00 50.00 50,00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50,00 50,00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 S0.00 50.00 Layout discrepancy on Conrmct Drawincs Amrxon Pipe -RAS 1 lot 29.10 32.79 54,000.00 5270.00 5954.19 5381.68 51,335.86 54,000.00 5270,00 50.00 55.605,86 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 30.00 30,00 50.00 50.00 50.00 50.00 Sales Tax on Consumables: 50 0.00 59.00 - 50.00 0.00 Subtotal_ 38.79 51.692.86 54,000.00 5270.00 50.00 55,962.86 50.00 Safety 0151801 542,32 542.32 Small tools 0152990 5105.50 5105.80 Consumables 0152903 5211.61 5211.61 50.00 Subtotal: 51,692.56 54.359,73 5270.00 50.00 56322.60 Subtmde Bond 0174400 550,00 50.00 Perf rmnnee & Payment Bond 0174350 541.10 541.10 Builders Risk 0175100 553.11 553.11 General Liability Insurance 0175220 318.93 518.93 Subtotal: 51,692.86 54,472,87 5270.00 50.00 56.435.73 Overltod&Profit 0192310 _ 5965.36 3965.36 Texas Franchise Tax 0176000 574.01 574.01 TOTAL: 51.692.86 55512.24 5270.00 50.00 57.475.11 PCO X10 SS Pole Brackets This is regarding the attachment of Tight standards on gratings. Carollo stated it would be covered in a change directive. RFI 372. New Broadway WWTV, Corpus Christi. TX PCO4 010 SS Light Pole Brackets PCMO: BFPO: Chance D :.cription: Li:du Bracket Support Derail mi.5$in4 on Contract Drawinm-H W Tax Ram 515% Dcscrimina ......• 7 ro.snrm Coat Qty Sot M .4 YR crew Rate Total Hours Labor Unit Hours Material Unit Prier Equip Unita Mer Spbcn3P.ice Total labor Paym1 Toa Insurance Labor w/P 1 Material Cost Equipmen t Cosi Sub Cost Total Cost Estimate Prepay lion 0104165 I HR 30.00 000 1.0000 50.00 50.00 00.00 50.00 50.00 50.00 50.00 50.00 50.00 00.00 Bodoni Revisions 0104620 1 HR 75.00 0.00 1.0000 50.00 " 00.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Forman 0103130 4 HR 37.50 1.00 1.0000 50.00 $0.00 50.00 537,50 515.00 55230 50.00 50.00 50.00 552.50 Site 541.0111er 0105130 0 1-10 40.00 0.00 1.0000 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 S0.00 $0.00 29.10 000 50.00 50.00 50.00 50,00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 00.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 00.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 30.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Light Bracket Support Detail missing on Contract Drawl op. HW _.. 1101 29.10 1.13 55.561.00 559.30 $61.84 524.74 536.57 55.561.00 559.30 50.00 55.706.57 29,10 0.00 50.00 50.00 50.00 50.00 50.00 $0.00 $0.00 29.10 0 (0) 00.00 50.00 50.00 50.00 50.00 50.00 $0.00 Sales To on Connmobles: 50 0.00 50.00 - 50.00 0.00 Subtotal: 3.13 5139.07 55361.00 55930 50.00 55.75937 50.00 8A1510 0151201 53.46 $3.45 Small toots 0152990 56,69 52.69 Consumable: 0152903 51730 517.33 50.00 Subtotal: 5139.07 55.590.55 55930 50.00 05.700.93 Sulamdc Bond 017:400 50.00 50.00 PeRonmuwe R Payment flood 0174350 537.63 537.63 Builders 81.5 0175100 546.63 545.63 General Liability lmprunee 0175220 017.33 517.33 Su61014: - 5139.07 55.694.14 35930 50.00 35.392.51 Oyodu:ad K Profit 0192310 5653.08 5853.88 Teoia Frmehis. to, 0176000 567.76 567.76 TOTAL 3139.07 56.645.75 809.3o 50.00 56.544.15 RFI # 372 Corpus Christi New Broadway WVVTP Carollo Program Printed 02/19/2015, Page 1 of 1 Mounting of Light Poles - Steel Grate Created By: Created: r-� NICHOLS Submitted : Submitted To: Status: Priority: Due Date: Pending On User: Pending On Org: Graham Construction, John Crowell 05/14/2013 05/17/2013 Adam Payne,Freese & Nichols,Graham Construction,Richard Provolt,5teve Eckersley Closed High 05/28/2013 Richard Provolt, Steve Eckersley Freese & Nichols Request: 5/14/13 Multiple locations require pole lights to be mounted on steel grates (see attached for quick reference). KST Electric is concerned that mounting R&S light poles to the steel grate may affect wind rating requirements and/or the structural integrity of the steel grate. Please provide details for mounting R and S light poles to the removable steel grate(s) or provide new location(s) for light poles. References Drawing # 333-11-E-02 Drawing # 344-21-E-06 Drawing # 360-24-E-01 Drawing # 361-24-E-02 Files RFI 180018-0049 Mounting Light Poles.pdf 585.44 KB Published Published Published Published earloc. Request for Information s-- K8T E ECTRPG KST Electric 2411 Rand Morgan Road Corpus Christi, TX 78410 RFI # 180018-0049 GC RFI # Date: 5/14/2013 Phone: (361) 248-4901 Fax: (361) 248-4906 Project Name: 180018 Broadway WWTP Project #: 180018 To: Attn: Graham Construction Services, Inc. John Crowell 2995 Lone Oak Circle, Suite 1 Eagan , Mn 55121 Phone: (651) 687-0648 Fax: From: Dustin Doyle (651) 687-0947 REASON FOR REQUEST ACTION REQUESTED PROBABLE EFFECT 11 Insufficient Information El Clarification ❑ Increase Cost O Engineering Conflict 0 Direction Ci Decrease Cost ❑ Alternate Proposal R Approval Q1 Unknown Cost • Increase Time O Decrease Time RESPONSE REQUIRED BY: 05/21/2013 ft7 Unknown Time REFERENCE: DRAWING NO.: 11-E-02, 21-E-06, 24-E-01, 24-E-02 SUBJECT: Mounting of Light Poles - Steel Grate SPECIFICATION NO.: INFORMATION NEEDED: Multiple locations require pole lights to be mounted on steel grate (see attached for quick reference). KST Electric is concerned that mounting R & S light poles to the steel grate may affect wind rating requirements andfor the structural integrity of the steel grate. Please provide detail for mounting R and S light poles to the removable steel grate(s) or provide new location(s) for light poles. RECOMMENDATION: RESPONSE: AUTHORIZED SIGNATURE COMPANY DATE Page 1 of 1 RFI Response # 2 Corpus Christi New Broadway WWTP Carollo Program Printed 02/19/2015, Page 1 of 1 Subject: Carollo Engineers Response to RFI # 372 Submitted : 06/13/2013 Created By: Carollo Engineers, Rene Aguilar Type: Official FREESE ?NICHOLS Response: Submitted by Rene Aguilar, Carollo Engineers (06/1312013): A response to RFI No. 372 will be addressed in a Change Directive to the Contractor via FNI and EADOC. , C.; 1,11,41 a • ild3FV121Vd30 H31V.6431SVM SVX3.1 IH SflJO 30 .410 = INVid 1N3Y11V381 831VM3ISVM AVMOVOJ8 M3N cL) 0 0 0 0 0 0 — — 0 f 4.1•.., 7„. I • 3.3 ".1r• V4 v OfiCAlea.,4 • 11431'i12iVd2C ---- dfrt831V4110Sviet i SVX32 SOJ610) JO Ali, 11,1'; 3:,iv 'I r..; • r.3-1 iNVld IN2N1V3HI 831VM3ISVM AVMOVON8 /JUN ri... • .. 3 3 i . li 11. ..i i !' 1 0 I. 0 0 0 0 0 0 j-; - 747? • it': v. 0 E:aZ f42 .C..;•:-...-: • '''.-.::. CI .z ..., , ,.... I , V r -- 1 11 NEW BROADWAY C11 Y or WASTEWATER TREATMENT PLANT CORPUS CHRISTI XAS EA( LrIj E WASTCWA TER 44,,t, ,D,r7117 t 1 ' • '•'-..72:::. 0= -- • • • 0 't-: C"-'-' • —L.....-4,1; <, --17' -- t t, E':-.. .=.• '''''''1.":7. ..--.: . ,. , 0 ... , — 0 0 0 0 •..... 0 cecat=m ri•-_,3 1 014_7'; ,, _ - :LT: , ...... I 0.<1...,j b..... -,. ....,-..-,- (Th MIXED LKKIOR SPLIITCR BOx r5 ''', C3,...s skurrEA Mx ref 1 4113all .0.9141q.0•41 6,MIA-744 1,41/ vt V 4.1?...• 1 • 0"1V.41....1,111t•VII ..rostry 0110.1e0.150 111.31Y111Vd30 allVt.131SVm a SVX3I 11S11110 S1)dd03 JO .(11.) t riitIS 1 ll1 I IhF %.111 i(LNI%n) 1?O 1I INYld IN3N1V381 213.1.VM3.1.SVM AVMOVON8 M3N " 1:1 • eit •• - 1 f, I ' 00000.00 0 7— — I I; ;Wit 111 'I:1 IItilittit ti 6661566o60006okimoii0oot)000boo-oc-5o ' • ' – – – – – – — – – • ri ,... 0 IU11 ----•••• ' 1, H... ---41.1i,: — ---- :fl op gi g cr. IY1 fil 3 PCO X11 ECR -1 Deck Drains In response to standing rain water on the west deck of ECR -1, Carollo requested installation of deck drains with detailed instructions on how to install the drains. RFI 370. New Re046wa5 W U'TI', Corpus Cbriai, TX PCO# X11 ECR.I Deck Drain. PCM#: RFP#: Chance Desrrii time ECR -1 Deck deliened w Zero lo Tax Rate: 8.259, Description ,.,.w.o T nervone cede 007 Vol M Avg crew Rate Total Hours Labor Unit Hours Material Unit Prix Fquip unit Print Sub 060 Prier Total Labor 1'asrol Taxes& Insurance Labor w/PT1 Material Cost Equipmcn t Cost Sub Cost Total Cost Estimate Preparation 0104165 I 110 30.00 0.90 1.0000 50.00 50.00 50.00 50.00 50.00 00.00 00.00 50.00 50.00 00.00 Budeot Revisions 0104920 I HR 75.00 0.00 1.0000 50.00 00.00 00.00 50.00 50.00 50.00 50.00 00.00 90.00 50.00 Fumcm 0104130 4118 3750 1.00 1.0000 $0.00 50.00 50.00 537.50 515.00 557.50 50.00 50.00 50.00 35250 Site Sdodoler 0105130 0118 40.00 0.00 1.0000 50.00 50,00 90.00 50.00 50.00 50.00 50.00 50.00. 50.00 50,00 29.10 0.00 50.00 50.00 50.00 50.00 00,00 50.00 50.00 29.10 0.00 00.00 00.00 50.00 50.00 50.00 00.00 50.00 29.10 0.00 50.00 50.00 50,00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 50.00 50,00 50.00 00.00 00.00 00.05 50.00 29.10 0,09 50.00 50.00 50.00 50.00 00.00 3000 50.00 29.10 0.00 50.00 50.00 50,00 50.00 00.00 50.00 50.00 29,10 0.00 50.00 50.00 50.00 50.00 00.00 50.00 5000 ECR -1 1ksk deigned w Zero d3pe.Drain. Installed I tot 29.10 2.37.05 0387.20 56.598.16 5275926 59,657.42 585720 50.00 50.00 510344.62 29.10 0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50 29.10 0.00 0,00 50.00 50.00 ...-- 50.00 111MOO 50.00 00.00 50.00 50.00 50.00 Sales Tax on Consumables: 0.00 Subtotal: 233.05 09.1;4 92 558720 50.00 50.00 510597.12 50.00 51441y 0151891 5242.75 5242,70 small touts 0152990 5606.57 5506.07 Consumables 0152903 51213.74 51213.74 5000 Subtotal: 59.709.92 52,950.56 00.00 5000 512.660.47 Snbirade Bond 0174400 50.00 50.00 Performance & Payment Bond 0174350 582.29 55229 Builders Risk 0175100 5106.35 5106.35 General Liability Insurance 0175220 537.90 537.90 Subtotal: 59.709.92 02,177.10 50.30 50.00 $12,587.02 O,crheml ;• Profit 0192310 51993.05 51.933.05 ICA n 1r tnebise Tax 0€76000 514520 0140.20 TOTAL 59,709.92 5525536 50.00 50.00 514,968.27 RFI # 37© Corpus Christi New Broadway WVVTP Carollo Program Printed 02/19/2015, Page 1 of 2 ECR -1 Upper Deck Drainage and Proposed Trench Drains Created By: Created: r-� NICHOLS Submitted : 05/13/2013 Submitted To: Adam Payne,Freese & Nichols,Graham Construction,Steve Eckersley Status: Closed Priority: Critical Due Date: 05/22/2013 Pending On User: Steve Eckersley Pending On Org: Freese & Nichols Graham Construction, Clay Howard 05/08/2013 Request: "`5/8/13"' RFI 370 — ECR -1 Upper Deck Drainage and Proposed Trench Drains Reference: Carollo Drawing 22-S-01 (Floor Plan at EL. 13.00) and attached Zurn Cut Sheets Carollo Drawing 22-S-01 Section B does not note any slope or fall to the concrete deck outside of the Switchgear Room and Electrical Control RM -1. Graham believes that this may cause inadequate drainage away from the doors during a heavy rain event. In order to prevent rainwater from moving into the Switchgear and Electrical Rooms under the doors, Graham proposes to install trench drains in front of doors #02,1/04, and #05. See attached 22-S-01 for locations. A few trench drain suggestions by Zurn are also attached. If the above proposal is required, please provide type of drain, installation details, and drain pipe routing. Cost impacts will occur. Cost impacts will include labor and material to install a trench drain system in existing concrete. Locations 10-Switchgear/ECR-1/Aeration Basin/Blower Building eadoc RFI # 370 Corpus Christi New Broadway WWTP Carollo Program Printed 02/19/2015, Page 2 of 2 References Drawing # 170-22-S-01 Published Files Clarification_370 for clayh.pdf RFI 370 Locations.pdf , RFI 370 Zurn Products.pdf 24.17 KB 218.37 KB 240.04 KB eadoc NEI 1IWASTEWATE 51'AIC1Y,' ARACR-1/ —I 3 • 1 i ,E t d- i -t, 4 -E,-C1. • 4 i i i Q q; ---q m a- b o' b, I, r. Q 3 -0 O O if I BROADWAY TREATMENT PLANT MRA1ION BASIN SUMO B60.D.tG PLANS CITY OF CORPUS CHRISTI TEXAS WASTEWATER DEPARTMENT Deportment of Co¢noonng Senecas FiOwe:. . 141n4114V W nit C.P0. pus 1r.t. Hrn ti i<»Ino so Rm 1t.sSsmes rets t-4$31141 IStE Ila r+et 1 RF1 Response # 1 Corpus Christi New Broadway WVVTP Carollo Program Printed 02/19/2015, Page 1 of 1 Subject: Carollo Engineers Response to RFI # 370.1 I Submitted : 07/10/2013 Created By: Carollo Engineers, Rene Aguilar Type: Official rill NICNOLS Response: Submitted by Rene Aguilar, Carollo Engineers (07/10/2013): The Contractor shall coordinate the actual installation locations with the CM Team prior to beginning the work. The Contractor and CM Team shall review existing site conditions and the feasibility of coring thru the top decking for the drain piping and utilizing a screen drain cover in lieu of the Zurn drain assembly to minimize the installation time and impact to the rebar of the concrete decking. In addition, please note the following requirements: 1. Core hole size shall be a minimum of 8 inch diameter, sleeve the drain piping for attachment of the screen 1/2" below the top of decking elevation to allow for drainage. 2. Drain piping shall be Schedule 80 PVC material, 4 inch diameter, solvent weld, minimum slope of 0.5%. 3. Provide hanging pipe supports per Specification No. 15061, use Typical Detail P630 for hanging pipe supports, spacing every 10 ft minimum. Provide wall pipe supports per Specification No. 15061, use Typical Detail No. P662 for vertical riser piping, spacing every 5 ft minimum. 4. Apply Duralprep 3020 in accordance with manufacturer's instructions for all coring locations. Grout around PVC drain piping in accordance with Contract Documents. 5, Route drain piping on the inside of the restricted access area and core another hole through the bottom of the wall just above the bottom decking elevation of 5.50. 6. Route drain piping and fittings over the foundation footing to just above finished grade elevation. 7. Test all piping once installed according to Specification No. 15956 to 15 feet/GR test method. 8. Apply paint to all exterior exposed piping according to Contract Documents and approved schedules. eadoc PCO X12 • Baker Pump Rental This is for the temporary pumping of the effluent from the UV in the new plant to the Inlet for the headworks at the old plant during initial startup. Nor Itroadita.. ttitrri., Corpus Christi. TX PC04 512 Baker Puny Rental PC$111: 8009: Chance Doscri it 19J01p 010 11 P55141 P4roioo . rr Tax Rate: 5.25% Description nr-...• T IN.Ine C... OW Uor 011 Avg crew Rate Total Hours Labor Unit Hours Material Villt Price Equip unit Price Sub unit Prier Total Labor Para! Taxes th Insurance Libor wiPTI Material Cost Equiprnen t Cost Sub Cost Total Cost Estimate Prenaration 0104165 I HR 30.00 0.03 1.0000 $0.00 50.00 50.00 $0.03 50.00 00.00 50.00 50.00 50,09) 50.00 Bailees Revisions 0104620 1 HR 75.00 0.00 1.0000 5000 00.00 50.00 50,03 30.00 00.00 50,00 50.00 50.00 50.00 Forman 0104130 4 HR 37.30 1.00 1.0000 50.00 50.00 50.00 537.50 515.00 552.50 50.00 50.00 50.00 552.90 Sire Scheduler 0105130 0 IIR 40.00 000 10000 50,00 50.00 50.00 50.00 50.00 50.00 00.00 50.00 50.00 50.00 29.10 0.00 50.00 00.00 00.00 50.00 50.03 50.00 00.00 29.10 0.00 40.03 50.00 5000 50.00 ' 20.00 50.00 5000 29.10 0.00 50.00 50.00 5.0.00 50.00 50.00 50.00 00.00 29.10 0.00 00.00 50.00 50.00 00.00 50.00 50.00 50.00 29,10 0.00 VICO 50.00 50.00 50.00 50.00 50.00 50.00 29.10 0.00 90.00 50.00 50.00 00.00 50.00 50.00 5000 29.10 0.00 50.00 50.00 50.00 50.00 5000 50.00 00.00 29,19 0.00 50.00 50.00 50.00 5000 50.00 50.00 50.00 Baker Pump R111,11 hatpins. IN Wenvell to Trichline Miter. 1 Inc 29.10 1100 50.00 $46.607.50 50.00 50.00 50.00 50.00 50.00 546.607.50 546.607.50 29.10 0.00 00.00 50.00- 50.00 50.00 50.00 50.00 50.00 00.00 50.15) 50.00 50.00 50.00 50.00 50.00 29.10 0.90 Sal. Tax on Consarnabl.: 50 0.00 J 00.00 moo 0.00 84910u: 1.00 552.50 50,00 00.00 546,607.09 546.660.30 50.00 Safety 0151.501 51.01 51.31 Small tools 0152990 53.25 53.20 Comunathle, 0152903 56.36 56.56 50.00 Subtotal: 032.50 511.16 50.00 546.607.80 546.671.46 Subtrade Bond 0174400 56,991,17 56.991.17 Pcrfonnance it Payment Bond 0174350 5345.81 53.4401 Builders Risk 0175100 5450.77 5450.77 General lability Insurance 0175220 0160.66 516065 Subtotal: 552.50 07.962.56 00.00 546.607.50 554.622.56 Overhead 4, Prola 0192310 53.132.65 53.532.65 Texas Feuxhise MN 0176000 5051.56 S581.$6 TOTAL: 492.50 512.07677 50.00 516.607.50 558.737.07 Corpus Chrsti Capital Programs New Broadway Wastewater Treatment Plant Change Order No.9 Council Presentation August 18, 2015 Change Order No.9 Work 0 Corpus Chr sti Capital Programs Change Order No.9 consists of various items to improve function and operations of the plant : /New Administration Building improvements ($212,037.59); /Design modifications ($151,296.11); and /Additional construction work ($305,181.36) Total amount of Change Order No. 9 $668,515.36 Change Order Summary Corpus Chr'sti Capital Programs ➢ Change Order items are complete, and the Plant is in operation. ➢ Items of work were critical to avoid intermittent interruption to plant operation and increased construction delay and cost. ➢ The final cost of change orders could not be reconciled until all work was completed. ➢ Total change order amount to date accounts for 1.88% of construction contract. TOTAL CONTRACT AMOUNT 25% Limit Amount Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 Change Order No. 6 Change Order No. 7 Change Order No. 8 Change Order No. 9 TOTAL All Change Orders Change TOTAL CONTRACT AMOUNT $50,456,230.00 $12,614,057.50 $248.81 $43,783.05 $39,558.64 $38,942.46 $44,108.71 $44,402.71 $31,410.09 $36,736.74 $668,515.36 $947,706.57 1.88% < 25% $51,403,936.57 AGENDA MEMORANDUM Public Hearing and Future Item for the City Council Meeting of August 18, 2015 Action Item for the City Council Meeting of August 25, 2015 DATE: July 23, 2015 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police mikema@cctexas.com 361-886-2605 Public Hearing and Resolution approving the FY 2015/2016 budget for the Corpus Christi Crime Control and Prevention District. CAPTION: Public Hearing for and resolution approving the FY 2015/2016 budget for the Corpus Christi Crime Control and Prevention District. PURPOSE: Hold a public hearing and approve the Crime Control and Prevention District FY2015/2016 budget BACKGROUND AND FINDINGS: Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. On November 4, 1997, the voters established the Crime Control and Prevention District for 5 years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, and again on April 14, 2007 for ten years. This continues the 1/8th-cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The Crime Control and Prevention District held a public hearing on June 17, 2015 and the Board adopted the budget on the same day. The budget must now be submitted to the City Council for approval. The City Council must hold a public hearing in accordance with notice and all other procedures required by law. The resolution approving the FY 2015/2016 budget for the Corpus Christi Crime Control and Prevention District will be scheduled for action on August 25, 2015. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $7,436,294 $7,436,294 BALANCE $7,436,294 $7,436,294 Fund(s): 9010 — Crime Control and Prevention District fund Comments: Revenues of $7,513,000 are budgeted to support the expenditures. RECOMMENDATION: Staff recommends approving the budget LIST OF SUPPORTING DOCUMENTS: Budget adopted by the Crime Control and Prevention District Board of Directors Resolution Approving the Crime Control and Prevention District Budget Presentation Resolution Approving the FY 2015-2016 budget for the Corpus Christi Crime Control and Prevention District BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS SECTION 1. The fiscal year 2015-2016 budget for the Corpus Christi Crime Control and Prevention District is approved. ATTEST: 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 Corpus Christi Crime Control and Prevention District FY2016 Proposed Budget co : psn':`. `at ,4fs l 1 0 2 DISTRICT Council Presentation 08.18.2015 Crime Control & Prevention District FY 2016 Proposed Budget • Continued focus on Core Programs — 63 Police Officers (11 additional officers graduating October 9) — Juvenile Assessment Center — Pawn Shop Detail — Purchase of five replacement police vehicles — Purchase of support equipment Crime Control & Prevention District FY 2016 Proposed Budget • Assignment of 63 Police Officers — 8 Directed Patrol Officers — 10 Gang Unit (JET) Officers — 3 Moped Officers — 2 Traffic Safety Officers — 1 Narcotics Officer (with a drug dog) — 1 Campus Crime Stoppers Officer — 36 Patrol Officers (enhance patrol response) — 2 Patrol Lieutenants Crime Control & Prevention District FY 2016 Proposed Budget • Total Expenditures $7,436,294 • Total Revenues $7,513,000 • Ending fund balance $4,502,315 • All programs fully funded • No new programs • Continued focus on long term fiscal responsibility and control Crime Control & Prevention District FY 2016 Proposed Budget June 17 — CCD public hearing & budget adoption August 18 - City Council Public Hearing and Future reading August 25 — City Council approves or rejects Resolution for CCD Budget Crime Control & Prevention District FY 2016 Proposed Budget QUESTIONS CITY OF CORPUS CHRISTI, TEXAS Crime Control and Prevention District FY 2015-2016 Proposed Budget coR 0 4 ►trsri 0 4 , ♦` DISTRICT,'` %/ ..0 Crime Control & Prevention District FY 2013/2014 Actual Revenues & Expenditures FY 2014/2015 Year End Revenue & Expenditure Estimates FY 2015/2016 Proposed Budget Actuals Amended Estimated Proposed 2013/2014 2014115 2014/2015 2015/2016 Beginning Balance Revenues Sales Tax Interest on Investments Sale of Scrap/City Property Transfer From Other Funds Transfer From Gen. Liability Fd. Transfer From Workman's Comp Juvenile Drug Testing Total Current Revenues Total Funds Available Expenditures Police Officer Costs Police Officer Trainee Intern Pawn Shop Detail Public Safety Veh. & Equip. Police Academy Costs Juvenile Assessment Center Crime Prevention Juvenile City Marshals Reserve Appropriation Total Expenditures Ending Balance Surplus/(Deficit) 6/4/2015 3,834,420 8,368,935 1,596 15,660 4,293 27,202 11,222 8,386 4,909,229 4,909,229 4,425,610 7,575,750 7,425,750 7,500,000 3,000 3,000 3,000 10,000 5,325 10,000 8,437,294 12,271,714 7,588,750 12,497,979 7,434,075 7,513,000 12,343,304 11,938,609 5,300,769 73,743 163,346 877,265 195,371 508,232 156,180 87,579 6,012,181 135,361 170,011 1,721,213 154,055 469,527 191,482 140,243 50,000 5,188,957 130,164 167,693 1,721,213 74,279 469,162 114,921 51,304 0 5,829,375 127,123 155,761 215,000 169,703 458,966 190,711 139,655 150,000 7,362,485 4,909,229 9,044,074 7,917,694 7,436,294 3,453,905 4,425,610 4,502,315 1,074,810 (1,455,324) (483,618) 76,705 Page 1 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER COSTS -11711 EXPENDITURE BUDGET Account Description Actual Amended Estimated Proposed 2013/2014 2014/2015 2014/2015 2015/2016 Salaries and Wages Overtime Other Pay Retirement Group Insurance Benefits Other Employee Benefits Clinical Supplies ChemicallHousehold Supplies Clothing Fuel & Lubricants Food and Food Supplies Minor Tools & Equipment Minor Office Equipment Office Supplies Maintenance & Repairs Professional Services Temporary Services Vehicle Repairs Postage & Express Charges Mileage Reimbursement Telephone/Telegraph Service Equipment Maintenance Memberships, Licenses & Dues Printing, Advertising & PR Police Supplemental Insurance Police Vision Insurance Sworn Employee - Dental Self Insurance Allocation Totals FTES: FY 2011/2012 - FY 2012/2013 - FY 2013/2014 - FY 2014/2015 - FY 2015/2016 - 6/4/2015 50 Police Officers 50 Police Officers 50 Police Officers 63 Police Officers 63 Police Officers 3,011,952 3,445,427 2,964,168 359,390 285,000 285,000 202,854 275,000 197,786 825,571 925,653 854,433 443,485 456,718 456,718 11,294 9,970 9,970 - - (128) 556 300 - 101,167 90,720 59,640 117,211 297,000 117,000 712 500 852 25,972 62,073 82,793 712 - - 673 1,200 1,200 0 300 175 2,393 1,500 8,189 1,792 300 300 172 - - 17,209 17,200 10,000 0 1,000 583 55 - - 995 - - 6,500 6,000 3,958 4,739 4,200 4,200 25,365 27,000 27,000 140,000 105,120 105,120 5,300,769 6,012,181 5,188,958 3,322,288 332,229 225,000 982,602 377,844 21,872 300 100,000 175,000 1,000 75,000 1,200 300 2,500 300 MI • 17,200 1,000 40 6,000 5,292 34,020 148,428 5,829,375 Page 2 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER TRAINEE INTERN -11712 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2013/2014 2014/2015 2014/2015 2015/2016 Salaries & Wages 59,945 108,451 100,000 100,109 Overtime - 1,500 - 1,500 Retirement 13,798 25,410 30,164 25,514 Group Insurance Benefits - - - - Totals 73,743 135,361 130,164 127,123 FY 2012/2013 - Funds appror. on 09/19/12 for hiring of Police Officer Trainee Interns FY 2013/2014 - 5 Police Officer Trainee Interns FY 2014/2015 - 5 Police Officer Trainee Interns FY 2015/2016 - 5 Police Officer Trainee Interns 6/4/2015 Page 3 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PAWN SHOP DETAIL -11713 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2013/2014 2014/2015 2014/2015 2015/2016 Salaries and Wages 98,424 109,126 109,126 107,293 Overtime 385 3,000 3,000 3,000 Other Pay 997 1,000 100 1,000 Retirement 22,761 26,144 27,061 27,946 Group Insurance Benefits 24,299 17,238 17,238 1,344 Other Employee Benefits 910 803 803 1,392 Minor Tools & Equipment 0 100 58 100 Minor Office Equipment 827 500 292 500 Office Supplies 2,062 2,500 337 2,500 Non -Capital Lease Payments 1,274 1,200 1,278 1,278 Travel 179 0 0 0 Self Insurance Allocation 11,228 8,400 8,400 9,408 FTES: FY 2011/2012 - 4 ftes FY 201212013-4ftes FY 201312014-4ftes FY 201412015-4ftes FY 201512016-4ftes 6/4/2015 Totals 163,346 170,011 167,693 155,761 Page 4 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PUBLIC SAFETY VEHICLES -11717 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2013/2014 2014/2015 2014/2015 2015/2016 Minor Tools & Equipment 283,465 402,551 402,551 0 Professional Services 14,980 0 0 0 Vehicle Repairs 17 0 0 0 Postage & Express Charges 1,741 0 0 0 Membership, Licenses, & Dues 450 0 0 0 Vehicles & Machinery 272,657 367,292 367,292 180,000 Improvements Other than Building 0 582,000 582,000 0 Other Equipment 303,955 369,370 369,370 35,000 Totals 877,265 1,721,213 1,721,213 215,000 FY 2011/2012 - 5 replacement vehicles FY 2012/2013 - 5 replacement vehicles FY 2012/2013 - Funds approp. on 10/17/12 for purchase of 3 police motorcycles FY 2013/2014 - 5 replacement vehicles/2 police motorcycles FY 2014/2015 - 5 replacement vehicles FY 2014/2015 - 4 additional vehicles FY 2015/2016 - 6 replacement vehicles Page 5 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE ACADEMY COSTS -11718 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2013/2014 2014/2015 2014/2015 2015/2016 Salaries & Wages Retirement 158,867 125,136 60,065 135,643 36,504 28,919 14,214 34,060 Totals 195,371 154,055 74,279 169,703 FY 2012/2013 - Funds approved on 09/19/12 to hire 5 additional Police Officer Trainees FY 2013/2014 - 5 Police Officer Trainees FY 2014/2015 - 5 Police Officer Trainees FY 2015/2016 - 5 Police Officer Trainees 6/4/2015 Page 6 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE ASSESSMENT CENTER -49002 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2013/2014 2014/2015 2014-2015 2015/2016 Salaries and Wages 245,416 246,577 246,577 246,577 Overtime 247 500 500 500 Other Pay 1,188 3,500 3,500 3,500 Retirement 54,534 57,908 57,908 57,908 Group Insurance Benefits 27,121 34,477 34,477 22,248 Other Employee Benefits 1,512 1,335 1,335 1,335 Clothing (251) - - - Books & Periodicals 10,126 10,000 9,950 10,200 Food & Food Supplies 836 1,200 1,155 500 Minor Tools & Equipment 140 270 265 100 Minor Office Equipment 1,276 500 500 100 Office Supplies 4,431 4,000 3,910 3,000 Maintenance & Repairs 237 300 290 100 Maintenance Supplies 45 - - - Professional Services 8,693 10,000 8,500 10,000 Temporary Services 53,559 - - - Postage & Express Charges 224 250 245 235 Rentals 65,006 65,000 65,000 65,000 Mileage Reimbursement 1,946 4,000 4,000 4,000 Non -Capital Lease Payments 2,728 4,900 4,850 4,900 TelephonelTelegraph Service 5,347 4,000 6,300 7,035 Building Maintenance & Service 30 400 390 100 Membership & Dues 940 550 550 550 Training - Supervisory 60 - - - Training - General 2,023 2,000 1,200 1,950 Printing Advertising & PR 25 500 460 300 Printing Outside Print Shops 200 1,000 950 800 Travel 2,141 2,500 2,490 2,500 Self Insurance Allocation 18,452 13,860 13,860 15,528 FTES: FY 2011/2012 - 6.6 ftes FY 2012/2013 - 6.6 ftes FY 201312014- 6.6 ftes FY 2014/2015 - 6.6 ftes FY 2015/2016 - 6.6 ftes 6/4/2015 Totals 508,232 469,527 469,162 458,966 Page 7 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT CRIME PREVENTION - 49008 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2013/2014 2014/2015 2014/2015 2015/2016 Salaries & Wages 91,586 110,875 67,274 107,589 Overtime 0 2,000 - 2,000 Retirement 0 26,085 16,161 27,518 Group Insurance Benefits 21,066 8,619 8,619 8,904 Other Employee Benefits 0 803 803 1,044 Clothing 228 0 - - Food and Food Supplies 41 0 - Minor tools & Equipment 270 0 839 - Minor Office Equipment 5,796 2,000 2,000 2,000 Office Supplies 1,512 2,000 2,000 2,000 Maintenance & Repairs 65 3,500 1,500 3,500 Postage & Express Charges 0 300 175 300 Non -Capital Lease Payments 634 2,000 1,000 2,000 Telephone/Telegraph Service 104 0 - - Membership, Licenses, & Dues 60 0 30 - Training - General 3,365 2,700 1,635 2,500 Printing Advertising & PR 25,462 16,000 2,487 16,000 Printing Outside Print Shops 2,273 5,000 2,917 5,000 Travel 3,718 3,300 1,181 3,300 Self Insurance Allocation 0 6,300 6,300 7,056 FTES: FY 2013/2014 - 3 ftes FY 2014/2015 - 3 ftes FY 2015/2016 - 3 ftes 6/4/2015 Totals 156,180 191,482 114,921 190,711 Page 8 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE CITY MARSHALS -49010 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2013/2014 2014/2015 2014/2015 2015/2016 Salaries and Wages 0 46,000 0 46,000 Overtime 0 2,500 0 2,500 Other Pay 0 1,500 0 1,500 Retirement 0 11,555 0 11,555 Group Insurance Benefits 21,742 6,000 6,000 - Other Employee Benefits 686 588 588 1,044 Professional Services 56,751 70,000 42,616 70,000 Self Insurance Allocation 8,400 2,100 2,100 7,056 FTES: FY 2011/2012 - 3 ftes FY201212013-3ftes FY 2013/2014 - 3 ftes FY 2014/2015 -1 fte FY 201512016 - 1 fte 6/4/2015 Totals 87,579 140,243 51,304 139,655 Page 9 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT RESERVE APPROPRIATION -80080 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2013/2014 2014/2015 2014/2015 2015/2016 Reserve Appropriation 50,000 - 150,000 Totals 6/4/2015 - 50,000 - 150,000 Page 10 M AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 18, 2015 Second Reading Ordinance for the City Council Meeting of August 25, 2015 DATE: July 28, 2015 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police Mikema@cctexas.com 886-2601 Increasing revenue and expenditures for increased wrecker fees CAPTION: Ordinance appropriating $110,000 in General Fund No. 1020 from increased towing fees adopted by City Council in January 2015; 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 $110,000 each. PURPOSE: Appropriate the funds to pay wrecker company invoices. BACKGROUND AND FINDINGS: Increased wrecker fees were adopted by City Council January 13, 2015 by Ordinance No. 14- 001388. The increases are collected by the impound lot when owners pick up their vehicles or when a vehicle is sold. The expenditures are passed on to the City through the wrecker company towing invoices. The additional appropriations will be used to pay these invoices. FY2016 budget will be modified to show the increase in revenues and expenditures. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 1,210,000 1,210,000 Encumbered / Expended Amount This item 110,000 110,000 BALANCE 1,320,000 1,320,000 Fund(s): General Comments: RECOMMENDATION: Staff recommends appropriation of the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Appropriating $110,000 in General Fund No. 1020 from increased towing fees adopted by City Council in January 2015; 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 $110,000 each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That $110,000 from increased towing fees adopted by City Council in January 2015 is appropriated in the No. 1020 General Fund SECTION 2. The FY 2014-2015 operating budget adopted by Ordinance No. 030294 is amended by increasing revenue and expenditures by $110,000 each. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez 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 AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2014; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2014, and ending September 30, 2015, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $830,367,690 and estimated revenues amounting to $824,137,546 for the Fiscal Year beginning October 1, 2014, and ending September 30, 2015, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions 030294 INDEXED The number of positions authorized for each police officer classification in the Police Department shall be: Police officer and senior police officer - 389* Police Lieutenant - 37 Police Captain - 15 Police Commander - 4 Assistant Police Chief - 3 Police Chief - 1 FY14-15 TOTAL 449 * These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to authorized total through attrition. SECTION 4. Firefighter Positions The number of positions authorized for each firefighter classification in the Fire Department shall be: Firefighter - 134* Firefighter II —EMS — 109 Firefighter II — Engineer - 73 Fire Captain - 82 Battalion Chief - 10 Assistant Fire Chief - 4 Deputy Fire Chief - 1 Fire Chief - 1 FY14-15 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to authorized total through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this ordinance be given full force and effect for its purpose. That the foregoing orgince was read or the first time pnd passed to its second reading on this the Ri ray of 42 2614y the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott n That the fare oing ordnance was read for the second time and passed finally on this the 9.?y of UrA0-0 L , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Rebecca Huerta City Secretary Approved as to form: 77 -VI BY: b'btCA duGc- Buck Brice, Assistant City Attorney for the City Attorney day of Nelda Martinez Mayor 030294 Attachment A - Schedule of Adiustments City of Corpus Christi Amendments to the FY 2014-2015 Proposed Budget TOTAL PROPOSED REVENUES 832,787,546 TOTAL PROPOSED EXPENDITURES 830,117,690 General Fund - 1020 Proposed Expenditures Adjustments: Increase City Auditor Appropriations Decrease Reserve Appropriation Total Adjusted Expenditures 228,911,658 18,500 (18, 500) 228,911, 658 Hotel Occupancy Tax Fund 1030 Proposed Expenditures Adjustments: Add Appropriation for Tourist Area Amenities Total Adjusted Expenditures 18,667,874 200,000 18,867,874 Water Fund 4010 Proposed Revenues 135,122,559 Adjustments: Decrease ICL Residential Revenue (4,059,794) Decrease ICL Commercial Revenue (4,158,167) Decrease ICL Large Volume Revenue (382,039) Total Adjusted Revenues 143,722,559 Golf Capital Reserve Fund 4691 Proposed Revenues Adjustments: Decrease Surcharge Revenue Total Adjusted Revenues Proposed Expenditures Adjustments: Increase Reserve (for capital projects) Total Adjusted Expenditures 175,000 (50,000) 225,000 125,000 50,000 175,000 TOTAL AMENDED PROPOSED REVENUES TOTAL AMENDED PROPOSED EXPENDITURES 824,137,546 830,367,690 I uses 1 22/2015 : 57AL-:.. iciol Records of 5a' UEC:ES COUNTY KARA SANDS COUNTY CLERK Fees $0.00 •s� FY 2014-2015 ADOPTED BUDGET CITY OF CORPUS CHRISTI. TEXAS OPTED BY CITY COUNCIL ORDINANCE No. 030294 ON SEPTEMIOER 23. 2014 CITY MANAGER RONALD L. OLSON Receipt# 702913 KARA SANDS COUNTY CLERK NUECES COUNTY 901 LEOPARD ST. ROOM 201 CORPUS CHRISTI, TX 78401 (3613 888-0580 Doc#: 2015760002 Pgs: 1 Type: BUDGET/ANNUAL BUDGET AND ANNUAL $ 0.00 Total $ 0.00 Balance $ 0.00 Total Documents: 1 Total Fees: 1 Client Name GENERAL PUBLIC Filed By CITY OF CORPUS CHRISTI Jan 22 2015 8:57:26 AM Cashier: ECRUZ Comment: 826-3105 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 388825 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of PUBLIC HEARING CITY OF CORPUS CHRIST which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on: CC -Corpus Christi Caller -Times CC -Internet - caller.com On this t day of copy made by publisher. 08/10/14 Sun 08/10/14 Sun LEGAL SALES REPRESENTATIVE , 20 l I certify that the attached document is a true and exact MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 Not. Public, State of exas 8E 1August 10, 20141 CALLER TIMES PUBLIC HEARING CITY OF CORPUS CHRISTI 2014-2015 PROPOSED OPERATING BUDGET Public Notice is hereby given that the City Council of the City of Corpus Christi will hold a public hearing on the FY 2014-2015 Pro- posed City Operating Bud- get on September 9, 2014 during the Council meeting beginning at 11:30 a.m. in the City Council Chambers, 1201 Leopard Street, Corpus Christi, Texas. This budget will raise more total property taxes than last year's budget by $8,496,725 (General Fund Debt Service Fund $3,640,398)or 10.08%, and of that amount an esti- mated $1,741,141 is tax rev- enue to be raised from new property added to the tax roll this year. AProposed th Clty 2 Operat ing. Budget is available for review in theoffice of the City Secretary, or on the City's website (www.cctex- as.com) and/or at any City public library. /s/ RCity Secretary AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 18, 2015 Second Reading Ordinance for the City Council Meeting of August 25, 2015 DATE: July 15, 2015 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police mikema@cctexas.com 886-2601 Accepting and appropriating the 2016 Selective Traffic Enforcement Program grant from the Texas Department of Transportation (TXDOT) CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $98,082 for the 2016 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI) and Speed enforcement overtime, with a city match of $43,247.57, for a total project cost of $141,329.57 and appropriating $98,082 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: TXDOT is providing funding to continue the overtime DWI and Speed enforcement grants in the Police Department for 2016. The grant provides overtime funding for DWI and Speed enforcement across the City with varied days of the week and hours of operation. Officers will be working on an overtime basis, with the City providing $23,647.57 for fringe benefits and $19,600 for mileage. The grant period is 10/01/2015 — 09/30/2016. 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: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $43,247.57 $43,247.57 Encumbered / Expended Amount 0 0 0 This item $98,082.00 $98,082.00 BALANCE $141,329.57 $141,329.57 Fund(s): Police General Fund Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award contract Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $98,082 for the 2016 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department for Driving While Intoxicated (DWI) and Speed Enforcement overtime, with a city match of $43,247.57 for a total project cost of $141,329.57; and appropriating $98,082 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 (TXDOT) in the amount of $98,082 for the 2016 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department for DWI and Speed Enforcement overtime, with a city match of $43,247.57 for a total project cost of $141,329.57; SECTION 2. That $98,082 grant is appropriated in the No. 1061 Police Grants Fund to continue funding overtime for DWI and Speed Enforcement across the City. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez 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 2 AGENDA MEMORANDUM First Reading Ordinance for the Council Meeting of August 18, 2015 Second Reading Ordinance for the City Council Meeting of August 25, 2015 DATE: August 3, 2015 TO: Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police mikema@cctexas.com 886-2601 Appropriating the Texas Automobile Burglary and Theft Prevention Authority grant CAPTION: Ordinance appropriating $527,853 from the Texas Automobile Burglary and Theft Prevention Authority (ABTPA) in the No. 1061 Police Grants, and appropriating $6,621 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. PURPOSE: Appropriate the funds. BACKGROUND AND FINDINGS: The City of Corpus Christi has received Year 15 funding from the Texas Automobile Burglary and Theft Prevention Authority (ABTPA) to continue the motor vehicle theft unit in the Police Department. The ABTPA was established in 1991 due to rising auto thefts and is funded through an annual fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The unit focuses not only on detection and apprehension, but also on the 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 710,997 710,997 Encumbered / Expended Amount 0 0 This item 527,853 527,853 BALANCE 1,238,850 1,238,850 Fund(s): Police General Fund, Police Grants Fund Comments: Year 15 of the grant requires at least a 20% match by the City. The match may be cash, in-kind, or program income. The Police General Fund will provide a cash match of $648,391 for sworn officers' salaries/benefits, in-kind contribution of $55,985 for office space/operating costs, and program income of $6,621 for travel. The grant period is 9/01/15- 8/31/16. RECOMMENDATION: Staff recommends appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance Ordinance Appropriating $527,853 from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) in the No. 1061 Police Grants Fund; and appropriating $6,621 in program income match in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $527,853 from the Texas Automobile Burglary Theft Prevention Authority (ABTPA) is appropriated in the No. 1061 Police Grants Fund. SECTION 2. That $6,621 is appropriated in the No. 1061 Police Grants Fund for the program income match to continue the motor vehicle theft enforcement grant within the Police Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez 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 ABTPA Board Members Chief Carlos Garcia Chair Law Enforcement Representative Brownsville, Texas Mark Wilson Vice -Chair Law Enforcement Representative Hillsboro, Texas Jerry Wright Consumer Representative El Paso, Texas Linda Kinney Consumer Representative Dripping Springs, Texas Ken Ross Insurance Representative State Farm Insurance Houston, Texas Ashley Hunter Insurance Representative HM Risk Group Austin, Texas Ex Officio Member Steven C. McCraw Major Wynn Reynolds—Designee Texas Department of Public Safety Austin, Texas Bryan E. Wilson Director Texas Department of Motor Vehicles HELPING TEXANS GO. HELPING TEXAS GROW. 41* Watch Your Car TEXAS AUTO BURGLARY& THEFT PREVENTION AUTHORITY July 29, 2015 Mr. Ron Olson, City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Via Email: rono@cctexas.com Re: FY2016 ABTPA Statement of Grant Award and Acceptance Notice Grant Number: 608-16-1780200 Grantee: City of Corpus Christi Program Title: Corpus Christi Auto Theft and Burglary Prevention Grant Award Amount: $527,853 Grant Term: September 1, 2015 to August 31, 2016 Dear Mr. Olson, I am pleased to inform you that your organization has been awarded a grant by the Automobile Burglary and Theft Prevention Authority (ABTPA) in the amount indicated above. The grant award must be officially accepted by signing and returning the enclosed Statement of Grant Award and grantee acceptance notice to the ABTPA within 30 days from the date received. A copy of the Authority's Grant Administrative Manual will be provided to the program director and the financial officer designated in your grant application. We look forward to working with you to combat and reduce motor vehicle theft and burglary. Any questions relating to the administration of this grant should be directed to our office. Please do not hesitate to contact me should you require further assistance with this matter. I can be reached at Bryan.Wilson@txdmv.gov or (512) 465-4012. Sincerely, Bryan E. Wilson Director cc: Mr. Mike Markle, Interim Chief Of Police, mikema@cctexas.com Mrs. Paulakay Olivarez, Grant Administrator, paulakav@cctexas.com Mrs. Constance Sanchez, Director Of Finance, Constancep@Cctexas.Com 4000 Jackson Avenue — Austin, Texas 78731 — 512/465-1485 — Fax 512/465-3775 www.txwatchyou rcar.com Watch Your Car TFAAS AOIO BRR€LARY&TNOT PERM AOINOROY FY16 Automobile Burglary and Theft and Prevention Authority Statement of Grant Award and Grantee Acceptance Notice Grant Number: 608-16-1780200 Grantee: City of Corpus Christi Program Title: Corpus Christi Auto Theft and Burglary Prevention Grant Award Amount: $527,853 Cash Match Amount: $655,012 In -Kind Match Amount: $ 55,985 Grant Term: September 1, 2015 to August 31, 2016 That whereas, City of Corpus Christi (hereinafter referred to as Grantee), has heretofore submitted a grant application in response to the Request for Proposal issued on March 16, 2015 to the Automobile Burglary and Theft Prevention Authority (ABTPA), State of Texas, entitled Corpus Christi Auto Theft and Burglary Prevention, and further identified by grant number 608-16-1780200 and Whereas, the ABTPA has approved the grant application as evidenced by this Statement of Grant Award and certain special requirements from the ABTPA dated July 29, 2015 and Whereas, the Grantee desires to accept the grant award and use all funds for purposes and in compliance with the following requirements that are adopted in their entirety by reference: • Texas Revised Civil Statutes Article 4413(37) • Texas Administrative Code, Title 43; Part 3; Chapter 57; • Uniform Grant Management Standards as promulgated by the Texas Comptroller of Public Accounts; • The Request for Proposal issued on March 16, 2015; • The current ABTPA Grant Administrative Manual and forms and subsequently adopted grantee instruction manuals and forms; • The Final Adopted Application attached to this Statement of Grant Award including the assurances and certifications of compliance; and • The Annroved Grant Budget Summary: Approved Grant Budget Summary ABTPA Cash Match In -Kind TOTAL A. Personnel $332,131 $341,307 $41,966 $715,404 A. Fringe $6,050 $275,084 $0 $281,134 B. Contractual $0 $0 $0 $0 C. Travel $10,000 $6,621 $0 $16,621 D. Equipment $116,880 $0 $0 $116,880 E. Supplies & DOE $62,792 $32,000 $14,019 $108,811 F. Indirect Funds Totals $527,853 $655,012 $55,985 $1,238,850 Corpus Christi - FY16 ABTPA Statement of Grant Award and Grantee Acceptance 1 of 2 Pages Now, therefore, the Grantee accepts the Statement of Grant Award under the conditions above including the special requirements in the grant application and the Statement of Grant Award as evidenced by this agreement, executed by the official authorized to sign the original grant application, or the official's designated successor, as presiding officer of and on behalf of the governing body of this grantee; and The ABTPA has awarded the above -referenced grant subject to the availability of state funds. The approved budget is reflected in the above Approved Grant Budget Summary. This grant is subject to and conditioned upon the acceptance of the ABTPA Grant Administrative Manual promulgated for this specific program fund (referenced above) by the ABTPA. Applicable special conditions are listed below. Special Conditions and Requirements: No Special Conditions Approved and Accepted by: Authorized Official Printed Name and Title Date Signed Corpus Christi - FY16 ABTPA Statement of Grant Award and Grantee Acceptance 2 of 2 Pages AGENDA MEMORANDUM First Reading for the City Council Meeting of August 18, 2015 Second Reading for the City Council Meeting of August 25, 2015 DATE: TO: July 13, 2015 Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director JayEll@cctexas.com 361-826-3464 FY15 & FY16 Community Youth Development Program CAPTION: Ordinance ratifying execution of Community Youth Development program contracts with Texas Department of Family and Protective Services from March 1, 2015 to August 31, 2015 in the amount of $207,233.47 and September 1, 2015 to August 31, 2016 in the amount of $396,765.44; authorizing appropriation in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing extension of subcontracts with Youth Odyssey, SERCO of Texas, Communities in Schools, and Boys & Girls Club of Corpus Christi PURPOSE: For FY15, the State awarded the City $207,233.47 to continue services for the term of March 1, 2015 to August 31, 2015. The State opted to extend all current contracts through August 31, 2016. For FY2015, we are continuing services with the same 4 subcontractors for the 6 month grant extension. For FY16, the State awarded the City $396,765.44 to continue services for the term of September 1, 2015 to August 31, 2016. The State opted to extend all current contracts through August 31, 2016. For FY2016, we are continuing services with the same 4 subcontractors for the 12 month grant extension. BACKGROUND AND FINDINGS: On 8/31/2010, the City entered into a new contract term with the Texas Department of Family and Protective Services (TDFPS) for youth services from September 1, 2010 — August 31, 2011 with the option to renew the contract on an annual basis for a total contract term not to exceed 54 months. In FY12, the City's Purchasing Department released a Request for Proposals (RFP) (Bid Invitation No. BI -0134-11) for providers to service the youth of 78415 with services including but not limited to Youth Leadership Development, Youth Advisory Committee, Mentoring and Recreation. A review committee was formed and reviewed 11 proposals in which 4 were recommended for award. Based on those recommendations and continuing service, for FY2015 and FY2016 we are offering an extension of services with funding based on the approved budget from the FY15 and FY16 RFP. The Texas Department of Family and Protective Services (DFPS) funds the Community Youth Development (CYD) Program in fifteen zip codes throughout the State. The City of Corpus Christi has been allocated $207,233.47 in program funds for 2015 and $396,765.44 in program funds for 2016, Contract Period March 1, 2015 through August 31, 2016, to be used in the 78415 ZIP Code. ALTERNATIVES: Do not approve ordinance. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This award conforms to all City purchasing policies and procedures and State statues regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Purchasing Department; Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015 & 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item $207,233.47 $396,765.44 $603,998.91 BALANCE $207,233.47 $396,765.44 $603,998.91 Fund(s): Comments: For FY15 the funded amount is for a six month period. For FY16 the funded amount is for a twelve month period. The subcontractor contract extensions are processed through the City's Purchasing Department. RECOMMENDATION: Staff recommends appropriation of the grant money. LIST OF SUPPORTING DOCUMENTS: Ordinance, State Contract Ordinance ratifying execution of Community Youth Development program contracts with Texas Department of Family and Protective Services from March 1, 2015 to August 31, 2015 in the amount of $207,233.47 and September 1, 2015 to August 31, 2016 in the amount of $396,765.44; authorizing appropriation in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing extension of subcontracts with Youth Odyssey, SERCO of Texas, Communities in Schools, and Boys & Girls Club of Corpus Christi Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. That the execution of contracts with Texas Department of Texas Department of Family and Protective Services for funding for March 1 2015 to August 31, 2015 in the amount of $207,233.47 and for September 1, 2015 to August 31, 2016 in the amount of $396,765.44 are hereby ratified. Section 2. That these funds described in Section 1 are appropriated in the No. 1060 Grants Fund for the Community Youth Development ("CYD") Program for the 78415 area. Section 3. That the City Manager or designee is authorized to execute extensions of the following CYD subcontracts with contract periods of March 1, 2015 through August 31, 2015 with funding as follows: Youth Odyssey - $19,421.00 SERCO of Texas - $58,663.00 Communities in Schools - $44,706.00 Boys & Girls Club of Corpus Christi - $28,971.00. Section 4. That the City Manager or designee is authorized to execute extensions of the following CYD subcontracts with contract periods of September 1, 2015 through August 31, 2016 with funding as follows: Youth Odyssey -$35,928.00 SERCO of Texas - $108,526.00 Communities in Schools - $53,596.00 Boys & Girls Club of Corpus Christi - $82,706.00. Attest: 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 COMMISSIONER John J. Specia, Jr. May 21, 2015 TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Stacie Talbert Anaya, Interim Director of Parks & Recreation City of Corpus Christi 606 N. Carancahua, Suite 105 Corpus Christi, Texas 78401 RE: Fiscal Year 2015/2016 Contract Execution Contract #: 24186672 Dear Ms. Talbert Anaya: Enclosed is the fully executed Fiscal Year 2015 contract between the City of Corpus Christi and the Texas Department of Family and Protective Services (DFPS) to provide services for the Community Youth Development (CYD) program. Thank you for your cooperation during the process of finalizing Fiscal Year 2015/2016 contract. am looking forward to working with you this year! If you have any questions or concerns, please contact me by phone at 512-438-4309 or via email at carol.aordon@dfos.state.tx.us. Sincerely, Carol Gordon Contract Manager Division of Prevention and Early Intervention Enclosure: Form 2282, Boilerplate Contract FY15 & FY16 Performance Measures FY15 & FY16 Form 2030 & Budget Narrative Plan of Operations Cc: Peggie Laser 701 W. 518T STREET. • P.O. Box 149030, MC E-541 • AUSTIN, TEXAS 78751 s (512) 438-5953 Texas Dept. of Family and Protective Services Purchased Client Services Contract Contract # 24186672 Service Type: Community Youth Development (CYD) Program Form 2282 March 2015 1. GENERAL REQUIREMENTS 1.1. Parties and Governing Law. Pursuant to its authority under Texas Human Resources Code §40.058, the Texas Department of Family and Protective Services (DFPS or the Department), and City of Corpus Christi (Contractor) enter into this Contract (Contract or Agreement), which, together with its incorporated documents and attachments, constitutes the entire agreement under the above referenced contract number. This Contract will be governed by and construed in accordance with the laws of the State of Texas with venue in State District Court, Travis County, Texas. DFPS agrees to purchase the services noted in this Contract, and Contractor agrees to provide these services according to the terms and conditions set forth in this agreement. In this Contract, all references to DFPS will include the Texas Health and Human Services Commission (HHSC) and any other agency named in Chapter 531 of the Texas Government Code. When acting in such capacity, HHSC or such other agency is an authorized agent acting on behalf of DFPS. 1.2. Effective Date of Contract. The effective date of this Contract is March 1, 2015 to August 31, 2016. 1.3. Contract Amount. For the period of March 1, 2015 through August 31, 2015, DFPS will pay the Contractor up to $207,233.47 from available funds for services rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Department. For the period of September 1, 2015 through August 31, 2016, DFPS will pay the Contractor up to $396,765.44 from available funds for services rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Department, 1.4. Delivery of Notices. Any notice required or permitted under this Contract by one party to the other party must be in writing and correspond with the contact information noted in this section. At all times, Contractor will maintain and monitor at least one active electronic mail (e- mail) address for the receipt of Contract -related communications from DFPS. It is the Contractor's responsibility to monitor this e-mail address for Contract -related information. 1.4.1. Contractor's Contact Information. The mailing address of the Contractor for all notices is 606 N. Carancahua, Suite 105, Corpus Christi, TX 78401. 1.4.2. State Agency's Contact Information. The mailing address of DFPS for all notices is 701 W. 51s' Street, Austin, TX 78751. 1.5. Funds Availability. This Contract depends upon the availability and receipt of state or federal funds that the Department has allocated to this Contract. If funds for this Contract become unavailable during any budget period, DFPS may immediately terminate or reduce the amount of this Contract at the discretion of the Department. Contractor will have no right of action against DFPS if DFPS cannot perform its obligations under this Contract as a result of lack of funding for any activities or functions contained within the scope of this Agreement. 1.6. Payment. Contractors must seek payment or adjustment to payments in accordance with the time limit specified in 45 CFR 95.1 (Code of Federal Regulations). This subpart establishes a two-year (eight quarter) time limit for a State to claim Federal financial participation in expenditures under State plans approved under Title IV -E and Temporary Assistance for Page 1 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 March 2015 Page 2 of 17 Needy Families (TANF). Any bill or amended bill, which is submitted to DFPS later than seven quarters after the end of the quarter of the expense, will not be processed unless DFPS determines that submission for payment of the bill to the federal government can be executed in a proper and timely fashion. 1.7. Independent Contractor. Contractor will serve as an independent contractor in providing services under this Contract. Contractor's employees will not be construed as employees of DFPS or the State of Texas. Contractor has sole authority and responsibility to employ, discharge, and otherwise control its employees and contractors. Contractor is responsible for providing all necessary unemployment and workers' compensation insurance for the Contractor's employees. 1.8. Order of Precedence. To the extent of any conflict between the provisions of this Contract and other relevant documents, the conflict will be resolved, to the extent possible, by reference to the documents in the following order of priority: 1.8.1. First, this Contract, including the scope of work and any attachments, and any amendments to any such items; 1.8.2. Second, the solicitation document, including all attachments and exhibits, and any modifications, addendum, or amendments issued in conjunction with the solicitation; and 1.8.3. Third, the application, response, or bid submitted by the Contractor, including all attachments and exhibits. 1.9. Taxes. DFPS is not responsible for any state, local, or federal taxes. The Contractor must comply with all federal, state, and local tax laws. 1.10. Sovereign Immunity. No part of any of this Contract, nor DFPS's conduct related to this Contract, will constitute a waiver of any of the privileges, rights, defenses, remedies, or immunities available to DFPS, the State of Texas, and their officials and staff. DFPS does not waive any such privileges, rights, defenses, or immunities by entering into this Contract or by its conduct prior to or subsequent to entering into this Contract. 1.11. Severability. Invalidity or unenforceability of one or more provisions of this Contract will not affect any other provision of this Contract. If a part of the Contract is determined invalid or unenforceable, a clause of as similar terms as may be legally possible may be added in order to make the prior intent of such provision legal, valid, and enforceable. 1.12. Disclosures under the Public Information Act. All contracts and other information submitted to DFPS may be subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code ("the Act"). If Contractor submits proprietary or otherwise confidential information to DFPS, then Contractor should clearly identify that particular information and the specific exception to disclosure in the Act. Making a blanket claim that an entire submission is protected from disclosure because it contains some proprietary information is not acceptable and will not render the entire proposal confidential. DFPS assumes no responsibility for asserting legal arguments for Contractor. Contractor should consult with legal counsel concerning disclosure issues and take precautions to safeguard trade secrets and other proprietary information. Any information generated as a result of this contract is also subject to the Act, and, as such, must be made available to DFPS in the manner and format specified by DFPS upon request. 1.13. Force Majeure. Neither party will be liable for any delay in performance under this Contract related to an unavoidable cause not attributable to the fault or negligence of the respective Page 2 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 March 2015 Page 3 of 17 party. Such delays will extend the period of performance at the discretion of DFPS. Contractor must inform the Department in writing of proof of force majeure within five (5) business days or otherwise waive this right as a defense. 1.14. Prohibition on Non -compete Restrictions. Contractor will not require any employees or subcontractors to agree to any conditions, such as non -compete clauses or other contractual arrangements, that would limit or restrict such persons or entities from employment or contracting with other providers (including DFPS). 1.15. Cultural Competence. Contractor will make reasonable efforts to provide services that meet the individual needs of the client. Contractor will develop and maintain a cultural competence plan that effectively provides services to people of various cultures, races, ethnic backgrounds, and religions in a manner that recognizes and affirms their worth, protects and preserves their dignity, and ensures equity of service delivery. Contractor will take into consideration the intellectual functioning, literacy, level of education, and comprehension ability of each client in order to ensure that all information is presented in a way that meets the individual needs of each client. Contractor will provide services in the client's primary language, whether provided directly by Contractor or through a translator. 1.16. INDEMNIFICATION. CONTRACTOR WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, DFPS, AND ITS OFFICERS AND EMPLOYEES FROM ANY CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES AND COURT COSTS CONNECTED WITH ANY ACTS OR OMISSIONS OF CONTRACTOR OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER IN THE EXECUTION OR PERFORMANCE OF THS CONTRACT. CONTRACTOR WILL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY DFPS. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE CONTRACTOR TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE DEPARTMENT FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF DFPS OR ITS EMPLOYEES. 1.17. Insurance. Unless otherwise noted in this Contract, and to the extent that Contractor does not have or maintain insurance or does not have or maintain sufficient insurance, Contractor acknowledges and agrees that Contractor will be solely responsible for any losses or damages related to or caused by the Contractor's performing its duties and obligations under this Contract. DFPS will have no obligation to reimburse or otherwise pay Contractor for any costs incurred related to any such losses or damages. 1.18. Notice of Funding. Contractor will place prominent notices acknowledging the funding it receives from the Department in all of its literature that describes services covered by this Contract. This notice will also appear in Contractor's annual financial report, if any is issued. 1.19. Limitation on Use of DFPS Seal and Name. Contractor may not use the DFPS seal in any form or manner without the prior written approval of the Department. Contractor also may not use the name of DFPS to imply any endorsement, approval, or sponsorship of Contractor's goods or services by DFPS. 1.20. Testimony in Proceedings. Contractor will require its employees to testify in judicial and administrative proceedings at the request of DFPS. To the extent possible, Contractor will also assist the Department in locating past employees, agents, volunteers, consultants, or subcontractors when DFPS requires past employees, agents, volunteers, consultants, or subcontractors to appear and testify in accordance with this subsection. Page 3 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 March 2015 1.21. Notifications. Contractor will notify the Department immediately of any significant change affecting Contractor or this Contract, including, but not limited to, change of Contractor's name or identity, ownership, control, governing board membership, key personnel, any problem or potential problem associated with performance or services, or payee identification number. Contractor will also provide DFPS with any documentation or information related to a notification provided for under this section. Contractor will also notify DFPS of any lawsuit brought against Contractor related to the services provided for in this Contract. Unless otherwise noted in this Contract, Contractor will provide all notices in writing to the Department within ten (10) working days. 1.22. Removal of Access. Contractor will immediately remove access capabilities to any DFPS automated/internet-based application(s) or immediately notify DFPS that access to such applications needs to be terminated for an employee, subcontractor, or volunteer whose employment, subcontract, or volunteer term with Contractor has ended for any reason. 1.23. Reporting Abuse, Neglect, or Exploitation. Contractor will promptly report any suspected case of abuse, neglect, or exploitation to the appropriate authority as required by the Texas Family Code, Chapter 261. All reports must be made within twenty-four (24) hours of the discovery of abuse, neglect, or exploitation. 1.24. Comptroller Status. Contractor has an affirmative duty to remain in compliance with applicable franchise tax requirements. If the Texas Comptroller of Public Accounts (CPA) designates the Contractor to be forfeited from doing business in the State of Texas, the contract will terminate effective on that date. Contractor agrees that should the Texas Comptroller of Public Accounts (CPA) ever place the Contractor on "vendor hold," then the Department will apply all payments under this Contract directly toward eliminating any of Contractor's debts or delinquencies to the State of Texas. 1.25. Subcontracting. Contractor will be responsible to DFPS for any subcontractor's performance under this Contract. Subcontractors providing services under the Contract will meet the same requirements and level of experience as required of Contractor. No subcontract under the Contract will relieve Contractor of responsibility for ensuring the requested services are provided. If Contractor uses a subcontractor for any or all of the work required, the following conditions will apply: 1.25.1. Contractors planning to subcontract all or a portion of the work to be performed will identify the proposed subcontractors. 1.25.2. Subcontracting will be solely at Contractor's expense. 1.25.3. DFPS retains the right to check subcontractor's background and approve or reject the use of submitted subcontractors. 1.25.4. Contractor will be the sole contact for DFPS and Contractor will list a designated point of contact for all Department inquiries. 1.25.5. Subcontracts. Contractor will include a term in all proposed subcontracts that incorporates this Contract by reference and binds subcontractor to all the requirements, terms, and conditions of this Contract related to the service being provided by the subcontractor, as well as explicitly hold that this Contract controls in the event of any conflict with subcontract. DFPS approval of Contractor's use of any subcontractor is conditioned upon the extent that any subcontract does not conflict with any requirements of the Contract between DFPS and Contractor. 1.25.6. Payment to Subcontractors. Pursuant to Chapter 2251 of the Texas Government Code, Contractor will make any payments owed to subcontractors within ten (10) calendar days of Contractor's receipt of funds from DFPS. Page 4 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 March 2015 1.26. Assignments. Contractor will refrain from transferring or assigning any portion of this Contract without prior written approval from DFPS. Contractor may collaterally assign its right to receive payments for the services provided by Contractor. Contractor must give written notice to DFPS at least ten (10) working days in advance of any assigned payment. Contractor will not assign or otherwise encumber any interest in or rights to payments of funds that Contractor must pass through to other individuals or entities per the requirements of this Contract. 1.27. Federal and State Requirements. Contractor will comply with all applicable federal and state regulations as well as the Department's policies and procedures regarding services delivered under this Contract. 1.27.1. Anti -Discrimination. Contractor agrees to comply with state and federal anti- discrimination laws, including without limitation: 1.27.1.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); 1.27.1.2. Sections 504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. §794): this Contract may be subject to HHS E1R Accessibility Requirements. If Contract must comply with HHS EIR Accessibility Requirements, Contractor must follow the terms and conditions at: http Jlarchitecture. hhsc. state.tx, us/myweblAccessi bilityld ocs/H HSUnitomi El RAccess i bi IityC [au se. doc 1.27.1.3. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); 1.27.1.4. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); 1.27.1.5. Title IX of Education Amendments of 1972 (20 U.S.C. §§1681-1688); 1.27.1.6. Food Stamp Act of 1977 (7 U.S.C. §2011 et seq.); and 1.27.1.7. The HHS agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. 1.27.2. Contractor agrees to comply with all amendments to the above -referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by federal or state funding, or otherwise be subjected to discrimination. 1.27.3. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, and its regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. Applicable state and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Contractor agrees to ensure that its policies do not have the effect of excluding or limiting the participation of persons in its programs, benefits, and activities on the basis of national origin. Contractor also agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate language other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. 1.27.4. Contractor agrees to comply with Executive Order 13279, and its regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services will not, in providing services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Page 5 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 March 2015 1.27.5. Upon request, Contractor will provide HHSC Civil Rights Office with copies of all of Contractor's civil rights policies and procedures. 1.27.6. Contractor must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to the address below. HHSC Civil Rights Office 701 W. 51St Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885 1.27.7. If applicable, Contractor will comply with: 1.27.7.1. Health and Safety Code Section 85.113 (workplace and confidentiality guidelines regarding AIDS and HIV); 1.27.7.2. The Immigration Reform and Control Act of 1986 and any subsequent immigration laws related to employment verification and retention of verification forms for any individuals performing any labor or services under this Contract; including The Immigration Act of 1990 and The illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("I IRIRA) enacted on September 30, 1996; 1.27.7.3. All state and federal licensing and certification requirements and regulations prescribed by the United States Department of Health and Human Services and DFPS; 1.27.7.4. The Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.); 1.27.7.5. All mandatory standards and policies relating to energy efficiency contained. in the state energy conservation plan related to the Energy Policy and Conservation Act (Pub.L.94-163); 1.27.7.6. The Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) regarding minimum wages, overtime pay, recordkeeping, and child labor; and 1.27.7.7. 42 U.S.C. §675(4) (Foster care maintenance payments must be expended for items that are provided by foster parents and facilities). 1.27.7.8. HHS Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Award 45 CFR 75. 1.27.7.9. Office of Management and Budget (OMB) Circulars A-133, A-110, A-21, A-87, A-102, A-122 and/or the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 1.27.7.10. Uniform Grant Management Standards (UGMS) issued by the State of Texas. 1.27.8. FFATA Reporting. Contractor must report to DFPS the data elements required by the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282) and listed in 1.27.9 if Contractor is a Subrecipient. No direct payment will be made to Contractor for providing any reports required under these provisions, as the cost of producing such reports will be deemed included in the Contract price. The reporting requirements in 1.27.9 are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes will be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract. DFPS may provide written notice Page 6 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 March 2015 to Contractor of any such change in accordance with this Contract, but such notice will not be a condition precedent to Contractor's duty to comply with revised OMB reporting requirements. 1.27.9. Subrecipient Reporting. If Contractor is a Subrecipient, Contractor will report to DFPS as set forth below unless otherwise exempted. All required information must be made publicly available according to federal law. 1.27.9.1. Sub -award Information. A Subrecipient will provide the following information to DFPS according to the timeframes communicated by the Department but no later than the end of the month following the month of award of a contract with a value of $25,000 or more, (and any modifications to these contracts that change previously reported data): 1.27.9.1.1. Unique identifier (DUNS Number) for the Contractor receiving the award and for the Contractor's parent company, if the Contractor has a parent company. 1.27.9.1.2. Name of the Contractor. 1.27.9.1.3. Contractor's physical address including street address, city, state, and country. Also include the nine -digit zip code and congressional district. 1.27.9.1.4. Contractor's primary performance location including street address, city, state, and country. Also include the nine -digit zip code and congressional district. 1.27.9.2. Subrecipient Officers' Total Compensation (Top 5). According to the timeframes communicated by the Department but no later than the end of the month following the month of a contract award, and annually thereafter, the Contractor will report the names and total compensation of each of the five most highly compensated executives for the Contractor's preceding completed fiscal year if - 1.27.9.2.1. In the Contractor's preceding fiscal year, the Contractor received - 1.27.9.2.1.1. 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and 1.27.9.2.1.2. $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and 1.27.9.2.1.3. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 1.28. Right to Audit. Contractor will cooperate fully in any review conducted by DFPS or its authorized representatives related to services provided under this Contract. DFPS has the authority to monitor, inspect, assess, and review the fiscal, contractual, or program performance of the Contractor, including all information related to any services provided under this Contract or billed to DFPS. Contractor will remedy in a timely manner, any weaknesses, deficiencies, program noncompliance, or audit exceptions found as a result of a review by DFPS or its authorized representatives. Such remedy can include a refund of billed amounts or any other appropriate actions deemed necessary by DFPS. Acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Page 7 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 March 2015 Page 8 of 17 Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this Contract or any subcontract. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. Failure to enforce any provision of the Contract does not constitute a waiver of that provision, or any other provision, of the Contract. 1.29. Reporting. Contractor will submit all reports requested by the Department in appropriate format and within the time limits specified by DFPS. Contractor will make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Department, the U.S. Department of Health and Human Services, or their authorized representatives. 1.30. Record Keeping. 1.30.1. Unless otherwise noted in this Contract, Contractor will maintain legible copies of this Contract and all related documents for a minimum of five (5) years after the termination of the contract period or five (5) years after the completion of any litigation or dispute involving the Contract, whichever is later. Contractor will provide any records and information concerning a child to the Department upon request. Contractor must forward legible records and information to the Department within fourteen (14) calendar days. Contractor will provide any necessary records and information to DFPS upon verbal request in emergency situations. In emergency situations, Contractor must submit legible records and information within the Department's specified timeframe. THE CONTRACTOR MUST NOT DISPOSE OF RECORDS PERTAINING TO CHILDREN IN DFPS CONSERVATORSHIP BEFORE PROVIDING THE DEPARTMENT'S CONTRACT MANAGER WRITTEN NOTICE OF ITS INTENT TO DISPOSE OF RECORDS AND RECEIVING WRITTEN APPROVAL FROM THE DEPARTMENT'S CONTRACT MANAGER. 1.30.2. Contractor will comply with the Identity Theft Enforcement and Protection Act (Chapter 521 of the Texas Business and Commerce Code). Contractor has a duty to protect personal information and to notify all affected parties of any breach of personal information. 1.31. Authority of Department Staff. DFPS staff are not authorized to sign non-DFPS forms unless those forms have received prior approval by the Department. DFPS is not bound by unauthorized staff actions in signing such forms. 1.32. Single Audit. All contractors identified as subrecipients will submit a Single Audit Determination (SAD) form in accordance with HHSC-OIG requirements. If applicable, Contractor will submit an annual financial and compliance audit of Contractor's fiscal year in accordance with Single Audit Requirements of OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and Texas Uniform Grant Management Standards. Contractor will re -procure with the objective of rotating the independent audit firm every six years. Contractor will submit verification of the re - procurement of the independent audit firm for Single Audits. 1.33. DFPS Confidential Information. Contractor will not release confidential DFPS information to any party without the prior written approval of DFPS, including, but not limited to, records received or created by the Contractor that are identifiable to children or clients referred by the Department. Contractor will not use any information supplied by DFPS except for the Page 8 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 March 2015 Page 9 of 17 purposes that the Department intends the information to be used. If Contractor stores, collects, or maintains any data, Contractor will only use such data intemally for implementing this Contract. 1.33.1. Contractor will establish a method to ensure the confidentiality of records and other information relating to clients according to applicable federal and state laws, rules, and regulations. 1.33.2. This section does not limit the Department's right of access to client case records or other information relating to clients served under this Contract. The Department will have an absolute right to access to and copies of such information, upon request. 1.33.3. If Contractor receives any request or demand for disclosure of confidential information by oral questions, documents, subpoenas, civil investigative demand, interrogatories, requests for information, or other similar legal process, Contractor will provide DFPS with prompt notice of such request (no later than two (2) business days) so that the Department may determine whether to seek an appropriate protective order and/or consent to Contractor's disclosure of the requested records. 1.33.4. The provisions of this section remain in full force and effect following termination of cessation of the services performed under this Contract. 1.34. Intellectual Property. Except as otherwise provided in this Contract, all products produced by Contractor as a result of this Contract become the sole property of DFPS, including, without limitation, all plans, designs, software, and other contract deliverables. 1.34.1. If Contractor develops any copyrightable material in the course of performing this Contract, then Contractor will grant the State of Texas, DFPS, any federal awarding agency, and the Health and Human Services Commission a royalty - free, non-exclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for governmental purposes. 1.34.2. This section does not apply to any report, document, or other data, or any invention of Contractor which existed prior to, or was developed or discovered independently from, its activities related to or funded by this Contract. 1.35. DFPS Background Check Policy. Contractors will submit criminal abuse and neglect history information for background checks electronically through the DFPS Automated Background Check System (ABCS) according to the instructions in the user guide located at: http://www.dfps.state.tx. us/documents/PCS/ABCSUserGuideFY09.pdf. 1.35.1. Disclosure and Release. Contractor will disclose and release, or cause its employees, subcontractors, and volunteers with direct client contact and/or access to client records to disclose and release, any allegation made against that employee, subcontractor, or volunteer alleging the commission of: 1.35.1.1. an act of abuse, neglect, or exploitation of children, the elderly, or persons with disabilities; 1.35.1.2. criminal history or any current criminal indictment (for felonies) or information (for misdemeanors) involving an offense under the Texas Penal Code against: 1.35.1.2.1. the person; 1.35.1.2.2. the family; 1.35.1.2.3. public order or decency; 1.35.1.2.4. public health, safety, or morals; or 1.35.1.2.5. property; 1.35.1.3. an offense under Chapter 481 of the Texas Health and Safety Code (Texas Controlled Substances Act); or 1.35.1.4. any act or offense that can reasonably be associated with potential risk Page 9 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 March 2015 of harm or loss to the Department and/or its clients based on the job duties or contractual role(s) of the person in question at any time during the contract period. 1.35.2. Method of Disclosure and Release. This disclosure and release is required of all individuals who have, or will have, direct contact with clients and/or access to client records, prior to such contact or access and will be accomplished through the use of: 1.35.2.1. a criminal history background check; 1.35.2.2. a DFPS abuse and neglect history check; and 1.35.2.3. a signed disclosure and release by each person attesting to this information, which will be maintained by Contractor, available for review by the Department, and renewed at intervals not to exceed 24 months while the Contract is in effect. 1.35.3. Direct Contact with Clients. Contractor will prevent or promptly remove any employee, subcontractor, or volunteer from direct client contact and/or from access to client records who is alleged to have committed any act listed in this Contract. If it is determined with certainty that the person in question has not committed the acts or offenses alleged, that person may again be assigned to direct client contact and/or access to client records. However, the Contractor or subcontractor will notify the Department of its intent to do so no later than ten (10) business days and receive Department approval prior to the reassignment. Contractor or subcontractor must provide the Department with further information concerning the reasons for the reassignment upon the request of the Department. If the person in question is found to have committed any of the acts or offenses listed in this Contract, that person will not be reassigned to duties involving any direct contact with clients and/or access to client records. 1.36. Changes to Contract. The parties to this Agreement may make modifications to the Contract according to the requirements of this section. 1.36.1. Bilateral Amendment. Either party to this Agreement may modify this Contract by execution of a mutually agreed upon written amendment signed by both parties. 1.36.2. Unilateral Amendment. The Department reserves the right to amend this Agreement through execution of a unilateral amendment signed by the DFPS Contract Manager and provided to the Contractor with ten (10) days notice prior to execution of the amendment under the following circumstances: 1.36.2.1. to correct an obvious clerical error in this Contract; 1.36.2.2. to change the Contract number; 1.36.2.3. to incorporate new or revised federal or state laws, regulations, rules, or policies; 1.36.2.4. to comply with a court order or judgment; 1.36.2.5. to update service level descriptions or daily rates; 1.36.2.6. to change the name of the Contractor in order to reflect the Contractor's name as recorded by the Texas Secretary of State; 1.36.2.7. to change the designated DFPS mailing address for this Contract; 1.36.2.8. to change the designated Contractor mailing address for this Contract; or 1.36.2.9. to change the recorded license number of any license needed under this Contract in order to reflect the current number as issued by the licensing authority. 1.36.3. Contract Renewal. DFPS may renew this Contract at the Department's discretion on an annual basis by mutual agreement, subject to the conditions in Page 10 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 March 2015 Page 11 of 17 the terms of this Contract. 1.37. Complaint Reporting. Unless otherwise noted in this Contract, DFPS will contact Contractor when a complaint is received, and advise the Contractor whether DFPS will conduct an investigation or will coordinate with the Contractor for an investigation and a response. When DFPS requires the Contractor to conduct any part of the complaint investigation, Contractor must respond in writing to DFPS with all information and according to DFPS requirements and specified time frames. If Contractor is unwilling or unable to provide any information within the time required, Contractor will provide a written explanation for any information that Contractor does not submit, any applicable date by which Contractor will provide the information, and the detailed reasons why Contractor is unwilling or unable to provide such information. 1.38. Termination, Remedies, and Dispute Resolution. Failure to enforce any provision of this Contract does not constitute a waiver of that provision, or any other provision, of the Contract. 1.38.1. Abandonment or Default. If Contractor defaults on the Contract, DFPS reserves the right to cancel this Contract without notice and either re -solicit or re -award the contract to the next best respondent or bidder. DFPS reserves the right not to consider the defaulting Contractor in the re -solicitation or in future solicitations for the same type of work, unless the specification or scope of work significantly changed. Termination is not an exclusive remedy but will be in addition to any other rights and remedies provided by law or under this Contract. 1.38.2. Immediate Suspension or Termination. The Department will immediately suspend or revoke this Contract if the Contractor is found liable for, or has a contract, license, certificate, or permit of any kind revoked for, Medicaid fraud. DFPS will also immediately suspend or revoke this Contract if a necessary license, certificate, or permit named in this Contract expires or is revoked by any applicable licensing authority for any reason. 1.38.3. Remedies. The Department, based on information from monitoring or other verifiable sources, may terminate this Contract for cause or take other actions, including, but not limited to: 1.38.3.1. requiring the Contractor to take specific corrective actions in order to remain in compliance with any contractual term; 1.38.3.2. withholding or recouping payments made to the Contractor or imposing other sanctions based on audit finding of violations of contract requirements; 1.38.3.3. suspending and/or limiting any services and placing conditions on any such suspensions and/or limitations of services; 1.38.3.4. removing any employee of the Contractor or any subcontractor from the provision of services under this contract; and 1.38.3.5. suspending, placing into abeyance, or removal of any contractual rights including, but not limited to, withholding of payment, cessation of placement, and removal of all contract rights. 1.38.4. Termination. Either party may terminate this Contract at any time with the consent of the other party. In addition, either party may terminate this Contract by providing thirty (30) days written notice to the other party of the Contract's final date. Nothing in this section will be construed to prohibit the Department's right to immediately terminate this Contract. 1.38.5. Transition after Termination. At the end of the contract term or other contract termination or cancellation, Contractor will in good faith and in reasonable cooperation with the Department, aid in the transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. Upon termination or Page 11 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2252 March 2015 expiration of this Contract, DFPS will work with Contractor to transfer all services as efficiently as possible with the goal to have all necessary services transferred by the effective date of the expiration or termination of the Contract. However, in the event that a transfer of all necessary services is not possible, Contractor will continue to provide necessary services in accordance with all terms and conditions of this Contract until all necessary client services are completely transferred. 1.38.6. General Release. The acceptance by Contractor or its assignees of the final payment under this Contract, whether by voucher, judgment of any court of competent jurisdiction, or any other administrative means, will constitute and operate as a general release to the State from all claims of and liability to the Contractor arising out of the performance of this Contract. 1.38.7. Contract Dispute Resolution. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code will be used by the Department and Contractor to attempt to resolve any claim for breach of contract made by Contractor. 1.39. Certifications. The certifications enumerated below represent material facts upon which DFPS relies when accepting a bid for this solicitation. If the Department later determines that Potential Contractor knowingly rendered an erroneous certification, DFPS may pursue all available remedies in accordance with Texas and U.S. law. Contractor further agrees that it will provide immediate written notice to DFPS if at any time Contractor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. if the Contractor cannot certify the accuracy of all the statements contained in this section, Contractor must provide written notice to DFPS detailing which of the below statements it cannot certify and why. Contractor acknowledges its continuing obligation to comply with the requirements of the following certifications contained in its Proposal, and will immediately notify DFPS of any changes in circumstances affecting these certifications: 1.39.1. Certification Regarding Lobbying. State and federal law place restrictions on the use of state and federal funds in regard to lobbying. The Contractor certifies, to the best of its knowledge and belief, that: 1.39.1.1. In accordance with 31 U.S.C. §1352, no federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 1.39.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form - LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 1.39.1.3. The Contractor will require that the language of this certification be included in the award documents for subcontracts and that all subcontractors will certify and disclose accordingly. Page 12 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 March 2015 1.39.1.4. Payments of appropriated or other funds to Contractor under any resulting agreement are not prohibited by Texas Government Code §556.005 or §556.008. 1.39.2. Suspension, Ineligibility, and Voluntary Exclusion. Federal Law (2 CFR 180, 2 CFR 376, and Executive Orders 12549, 13224, and 12689) requires DFPS to screen each covered Contractor to determine whether each has a right to obtain a contract in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Contractor certifies the following: 1.39.2.1. That Contractor and Contractor's principals are, to the best of its knowledge and belief, not on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or any resulting contract. 1.39.2.2. That Contractor will not knowingly enter into any subcontract with an entity who is on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. Contractor will also not knowingly enter into any subcontract with an entity whose principals are on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 1.39.2.3. That Contractor will include this section regarding debarment, suspension, ineligibility, and voluntary exclusion, and the specially designated nationals list without modification in any subcontracts or solicitations for subcontracts. 1.39.3. Child Support. Under Texas Family Code Section 231.006, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 1.39.4. Drug -Free Workplace Certification. Contractor certifies that it will or will continue to provide a drug-free workplace by: 1.39.4.1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 1.39.4.2. Establishing an ongoing drug-free awareness program to inform employees about - 1.39.4.2.1. The dangers of drug abuse in the workplace; 1.39.4.2.2. The grantee's policy of maintaining a drug-free workplace; 1.39.4.2.3. Any available drug counseling, rehabilitation, and employee assistance programs; and 1.39.4.2.4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 1.39.4.3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement; 1.39.4.4. Notifying the employee in the statement that, as a condition of employment under the grant, the employee will - 1.39.4.4.1. Abide by the terms of the statement; and 1.39.4.4.2. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Page 13 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 March 2015 1.39.4.5. Notifying the agency in writing, within ten calendar days after receiving notice from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices. Notice will include the identification number(s) of each affected grant; 1.39.4.6. Taking one of the following actions, within 30 calendar days of receiving notice, with respect to any employee who is so convicted - 1.394.6.1. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 1.39.4.6.2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; 1.39.4.6.3. Making a good faith effort to continue to maintain a drug-free workplace. 1.39.5. Anti -Trust Certification. Pursuant to 15 U.S.C. Sec. 1, et seq. and Tex. Bus. & Comm. Code Sec. 15.01, et seq., Contractor certifies that neither the Contractor nor the firm, corporation, partnership, or institution represented by the Contractor, or anyone acting for such a firm, corporation, or institution has violated the anti-trust laws of this state, federal anti-trust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. 1.39.6. Deceptive Trade Practices. Contractor certifies that it has not been found guilty or liable of a Deceptive Trade Practices Act or any unfair business practice either in an administrative hearing or court suit within the last 5 years. Contractor certifies that it has no officers who have served as officers of other entities who have been found guilty or liable of a Deceptive Trade Practices Act or any unfair business practice either in an administrative hearing or court suit within the last 5 years. Contractor represents and warrants that within the last five years it has not been found guilty or liable of any investigation or proceeding by any federal or state securities regulator under any federal or state securities laws or regulations. 1.39.7. Prohibited Responses and Contracts. Pursuant to Texas Government Code §2155.004-006, Contractor certifies that the individual or business entity named in this form is eligible to receive the specified contract and acknowledges that any contract concerning this certification may be terminated and payment withheld if this certification is inaccurate. 1.39.8. Financial Interests and Gifts. Contractor certifies that neither Contractor nor any person or entity that will participate financially in a contract has received compensation from DFPS for participation in preparation of specifications for a contract. Contractor certifies that it has not given, offered to give, and does not intend to give at any time, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any public servant or employee in connection with a contract. 1.39.9. U.S. Department of Homeland Security's E -Verify System. Contractor certifies its use of the U.S. Department of Homeland Security's E -Verify system to validate the eligibility of all staff, subcontractors, or subcontractor's staff to perform work under this Contract within the United States of America. Upon request, Contractor must provide an electronic or hardcopy screenshot of the Page 14 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 March 2015 1.40. confirmation or tentative non -confirmation screen containing the E -Verify case verification number for each individual hired to perform work on the Contract. If this certification is falsely made, DFPS reserves the right to take any remedial actions deemed reasonable and necessary by the Department to ensure compliance with the terms and conditions of this Contract, up to and including termination of the Contract at no fault to the state. Incorporation by Reference. The following documents are incorporated into the Contract for all purposes and are on file with the Department, the Contractor, and subcontractor(s). 1.40.1. DFPS Procurement #530-15-0004 1.40.2. Form 2031, Signature Authority Designation 1.40.3. Form 4732, Request for Determination of Ability to Contract 1.40.4. Form 2030, Budget for Purchase of Service with Narrative, if applicable 1.40.5. Form 1513, Disclosure of Ownership and Control Interest Statement, if applicable 1.40.6. HUB Subcontracting Plan, if applicable 1.40.7. Form 9007[for applicable payment type], Internal Control Structure Questionnaire (ICSQ), if applicable 1.40.8.1 Contractor's proposal submitted in response to DFPS Procurement # 530-15-0004; 1.40.8.2 Contractor's response to negotiation discussion points; 1.40.8.3 Project Work Plan; 1.40.8.4 FY15 Plan of Operation; including addendum; 1.40.8.5 FY16 Plan of Operation; including addendum. 1.41. Vendor Performance. Pursuant to Texas Government Code, Section 2155.144, -.1442 and 34 TAC Section 20.108, state agencies are required to report vendor performance on any purchase of $25,000 or more from contracts administered by the CPA or any other purchase made through an agency's delegated authority or a purchase made pursuant to the authority in Government Code, Title 10, Subtitle D ora purchase exempt from CPAs procurement rules and procedures. DFPS reports vendor performance by means of the Vendor Performance Tracking System (VPTS), which can be accessed online at: http://www.window.state.tx.us/procurement/proq/vendor performance/ DFPS may use the VPTS to determine best value when awarding contracts in instances where past performance is included as a factor in the evaluation of a vendor for award. 1.42. Information Security Requirements. Contractor must comply with the following: 1.42.1 The DFPS IT Security Policy located at: http://www.dfps.state.tx.us/documents/PCS/Contractor Information Security.pdf 1.42.2 Health and Human Services Enterprise Information Security Standards and Guidelines 1.42.3 Title 1, Texas Administrative Code, Sections 202.1 and 202.3-.28 1.42.4 Texas Human Resources Code, Section 40.005 1.42.5 Texas Business and Commerce Code, Subchapter 8, Sections 521.051- .053 1.42.6 Texas Family Code, Section 162.018 Page 15 of 17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 March 2015 1.42.7 Texas Family Code, Subchapter C, Sections 261.201-.203 1.42.8 Texas Family Code, Section 264.408 1.42.9 Texas Family Code, Section 264.511 1.42.10 Texas Health and Safety Code, Section 85.115 and 40 TAC Section 1404 1.42.11 Title 40, Texas Administrative Code, Subchapter B, Sections 700.201-.209 1.42.12 Texas Health and Safety Code, Chapter 181 and 1 TAC Sections 391.1-.2 1.42.13 The Federal Information Security Management Act of 2002 (FISMA); 1.42.14 Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; 1.42.15 NIST Special Publication 800-53 Revision 3 — Recommended Security Controls for Federal Information Systems and Organizations; and 1.42.16 NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems. 1.42.17 In addition to the requirements expressly stated in this Section, Contractor must comply with any other State or Federal law, regulation, or administrative rule relating to the specific DFPS program area that Contractor supports. 1.42.18 Upon reasonable notice, Contractor must provide, and cause its subcontractors and agents to provide, DFPS or its designee, prompt, reasonable, and adequate access to any information security records, books, documents, and papers that are directly pertinent to the performance of the Contract including, but not limited to: 1.42.18.1 Contractor information security policies; 1.42.18.2 Contractor information security procedures; 1.42.18.3 Contractor information security standards; 1.42.18.4 Contractor information security guidelines; 1.42.18.5 Contractor security plan in compliance with NIST Special Publication 800-53 Revision 3; 1.42.18.6 Contractor security violation reports; 1.42.18.7 Contractor employee security acknowledgement agreements; and 1.42.18.8 Lists of Contractor's employees, subcontractors, and agents with authorized access to DFPS confidential information. 1.42.19 Items 1.42.17.1 through 1.42.17.7 above are subject to DFPS' review and approval. Neither DFPS' review or approval, nor its failure to review or approve, will relieve, waive, or satisfy any of Contractor's obligations under this Agreement. 1.42.20 Contractor will provide, and will cause its subcontractors and agents to provide, to DFPS, upon reasonable notice, written certifications of compliance with controls and provisions relating to information security, including but not limited, those related to confidential data transfers and the handling and disposal of Personally identifiable Information (PII). Acceptable forms of written compliance may be, but are not limited to: 1.42.20.1 Statement on Auditing Standards No.70, Service Organizations (SAS -70) Report; 1.42.20.2 General Security Controls Audit; 1.42.20.3 Application Controls Audit; 1.42.20.4 Vulnerability Assessment; and 1.42.20.5 Network/Systems Penetration Test. 1.43. Survivability. All obligations and duties of the Contractor not fully performed as of the expiration or termination of this Contract will survive the expiration or termination of the Page 16of17 Texas Dept. of Family and Protective Services Purchased Client Services Contract Form 2282 March 2015 Contract. 2. PROGRAM SPECIFIC TERMS AND CONDITIONS 2.1. The Performance Measures as stated in the attached Attachment A - Performance Measures for FY15 and FY16 are the required performance deliverables for this contract for the Community Youth Development Program. Attachment II - Cost Reimbursement Supplement for 2282 provides additional terms and conditions related to contract. Attachment III - Prevention and Early Intervention Supplement provides additional program - specific terms and conditions. 3. SIGNATURE 3.1. This Contract constitutes the entire legal and binding agreement between the parties, who have duly authorized, executed, and delivered this Contract in accordance with its terms. The undersigned representatives have the authority to execute and agree to this Contract on behalf of their respective represented party. 3.2. Texas Department of Family and Contractor Protective Services City of Corpus Christi eik, 11 Atie4...: A..- i• :cure 1 Signature ',ed Na �r e: 9ennifer Sims Printed Name: Stacie Talbert Anaya itle: Deputy Commissioner Title: Interim Director of Parks and Recreation D -- -0 4/1....Zlrs Date Date Page 17 of 17 City of Corpus Christi RFP # 530-15-0004 March 3, 2015 CITY OF CORPUS CHRISTI -- RFP CLARIFICATION PROGRAM 1. Respondent provided a general statement that "The CYD Program Manager will be responsible for ensuring procedures for screening, matching and providing assignments to volunteers." No specific details as to how this is accomplished. The CYD program or subcontractor will provide a job description for volunteer assignments. The CYD Program Manager or subcontractor designee will conduct an interview with potential volunteer to match with an appropriate volunteer assignment. The CYD Program Manager is to ensure the subcontractor follows the procedures for a volunteer placement, to include a background check as per contract compliance. 2. No specific information on how community outreach was to be accomplished. Community outreach will be accomplished by CYD having a presence and participating at community events and school functions throughout the 78415 area. At these events, we will be distributing informational materials and promotional items to increase the public's awareness the CYD message and to recruit youth for the CYD programs. Recruiting for the CYD program occurs throughout the year including extra efforts for summer programs. This includes visiting school events that are held in the fall at the 78415 schools and end of year events. This allows the CYD Program Manager the opportunity to visit with each school, meet teachers and parents at the schools and engage the youth through activities while learning about CYD programs. It is also an opportunity to showcase programs, perform surveys, increase recruitment and also promote awareness of the CCC. These events will involve the CYD Collaborative Committee, providers and YAC. 3. No clear indication of how exactly complaints are handled from beginning to end. Agency complaints may be collected or filed with the Parks and Recreation Department Administration or directly with the CYD Program Manager. In addition, complaints can be collected through the city's website as well as through City Council, community meetings, and through one-on-one interactions with the public. When a complaint is collected or filed, the complaint is documented and then investigated to determine a response or resolution. if the complaint is regarding CYD staff, disciplinary action, if any, is based according to City Policy. If the complaint is regarding subcontractors affiliated with CYD, the CYD City of Corpus Christi RFP # 530-15-0004 March 3, 2015 Program Manager will document any complaints then investigate to determine a response or resolution with the subcontractor. 4. Organizational chart not exactly clear on CYD. See attached Organizational Charts: City Department Organizational Chart and Parks and Recreation Department. The CYD program is housed within the Community Services Division of the Parks and Recreation Department. 5. Past monitoring reports indicate patterns of corrective actions required for findings. The corrective action plans submitted to the state office in prior monitoring findings for June 2014 and April 2011 have been implemented. City of Corpus Christi RFP # 530-15-0004 City of Corpus Christ Parks and Recreation Community Services Division Management Aide City Manager Assistant City Manager Parks and Recreation Director E Assistant Director Community Services Superintendent Juvenile Assessment Center Case Manager I Case Manager J Case Manager / Prevention Education I Case Manager / Prevention Education i Case Manager (Night Time) I Case Manager (Night Time) 80 Community Youth Development i CYD Program Manager I CYD Administrative Assistant CYD Subcontractors Executive Liaison/ Special Projects Esther Velazquez 826.3093 City of Corpus Christi Organizational Chart Deputy City Manager Margie Rose 826.3220 City Council 826-3105 City Manager Ronald L. Olson 826-3220 Communicaltons, trledla Relations & °Government Kim Womack 826-3210 Business Liaison Alyssa Barrera 326-3355 Economic Development 882-7448 Downtown Management District 082-2363 Convention & Visitors Bureau 801-1888 CHI/Attorney Mlles Risley 826-3360 Risk Management Donna James Manager 826-3739 Human Relations Sylvia Wilson Administrator 826-3196 Intergovernmental Rotations Tom Tagitabue 026-3350 City Secretary Rebecca Huerta 826.3105 City Auditor Aruna Sones 8264659 Municipal Court Judicial Han. Margie Flares 886.2520 ACM Public Works & Utilities Gustavo Gan/alai 026-3235 Public Works Valerie Gray Executive Director 826.3729 Street Operations Andy Leal, Acting 857.1875 Solid Waste Operations Lawrence Mlkolajczyk 957.1972 Assistant Capital Programs Jerry Shoemaker Acting 926.3516 Environmental & Strategic Initiatives Mark Van Vlock Interim 857.1874 FeclBtles Carlos Gonzalez 826.1980 Utilities Mark Van Vleck Executive Director 857-1874 Water Blit Mahaffey Assistant 885.6944 Wastewater Brian Butscher Assistant 826-1718 Gas Dabble Manoquln 905-6924 Develcpmant Services Dan Grimsbo 826.3595 ACM Safety, Health & Neighborhoods Susan Thorpe 826-3232 Polito Chief Floyd Simpson 886.2604 Fire Chief Robert Rocha 026-3932 Housing & Community Development Eddie Ortega 826-3044 Hoalth Annette Rodriquez 851-7205 Parks & Recreation Stacie) Talbert Interim 828-3464 Libraries Laura Garcia 826-7070 Municipal Marina Pater Davidson Superintendent 8263980 Court Administration KlmberlyJozwiak 886.2515 ACM General Government & Operations Support Wes Pierson 026-3082 Animal Control Cmdr John Houston 328-8358 Code Enforcement Copt David Blackmon 806-2691 B Eddie As 82 Finance Constance Sanchez 026-3227 Office of Management & Budget • udget Strategic Houlihan Management sistant Saundra Pluton 8.3792 Assistant 826-3682 Human Resources Yasmine Chapman 826.3315 MIS. Michael Armstrong 02(x3740 Fleet Jim Davis 857.1909 Airport Fred Segundo 289.0171 American Bank Center 826.4700 Museum 928-4660 Texas Dept. of Family and Protective Services Budget for Purchase of Service Contracts Summary click here tier instructions Contractor Contract No. Contract Period March 1, 2015 - August 31, 2015 City of Corpus Christi 24186672 Cost Category A Grand Total B Reimbursable C Other (Match) (1A) Personnel - Salaries 37874.34 37874.34 0 (16) Personnel - Fringe Benefits 10605.51 10605.51 0 Subtotal 48479.85 48479.85 0 (2) Travel 1022,32 1022.32 0 (3) Materials, Supplies, and Controlled Assets 1841.5 1841.5 0 (4) Equipment (Rent/Lease/Purchase) 0 0 0 Subtotal 2863.82 2863.82 0 (5) Other Costs (list below) 155889.8 155889.8 0 Subtotal 155889.8 155889.8 0 Foster or Day Care Total (per DFPS unit rate below) Total Direct Costs Total Indirect Costs (if applicable) Grand Total 207233,47 207233.47 0 Unit Rate Contracts Amounts (a) Projected service units (days, etc.) x (b) Cost per unit of service (i.e., unit rates) x (c) Projected clients to be served 688 Foster or Day Care Total 688 Certified by: 14-144-- 2.e.- aeon— Name: ly Name: Stacie Talbert Anaya Title: Interim Director of Parks and Recreation Date: 4/14-/ 15 Page 1 Form 2030 July 2011 Texas Dept. of Family and Protective Services Budget for Purchase of Service Contracts (1A) Personnel - Salaries Contractor Contract No. Contract Period City of Corpus Christi 24186672 March 1, 2015 - August 31, 2015 Form 2030 July 2011 Position or Title A # Staff S Avg. Monthly Salary C %Time (on contract) D # Months of Service E Total AxBxCxD F Reimbursable G Other (Match) CYD Program Manager 1 3510.31 100 6 21,061.86 21,061.86 Accountant 1 3049 25 6 4,573.50 4,573.50 CYD Adminstrative Assistant 1 2039.83 100 6 12,238.98 12,238.98 Total Salaries 37,874.34 37874.34 0 *For monitoring purposes timesheets and payroll data must be kept on file. "Costs not allowable if already being paid by other sources. Page 2 Texas Dept. of Family and Protective Services Budget for Purchase of Service Contracts (1B) Personnel - Fringe Benefits Contractor City of Corpus Christi Contract No. 24186672 Contract Period ch 1, 2015 - August 31, 2015 Type of Fringe Benefits A Total B Reimbursable C Other (Match) TMRS Retirement (Retirement) 15% x $33,300.84 4,995.12 4,995.12 FICA (7.65% x $33,300.84) 2,547.51 2,547.51 Workers Compensation (PM & Admin Asst) ($40 x 12) 960 960 Health Insurance( PM) ($350.48 x 6) 2,102.88 2,102.88 Total Fringe Benefits 10,605.51 10605.51 0 *For monitoring purposes payroll data must be kept on file. **Costs not allowable if already being paid by other sources. Page 3 Form 2030 July 2011 Texas Dept. of Family and Protective Services Budget for Purchase of Service Contracts (2) Travel Contractor Contract No. Form 2030 July 2011 City of Corpus Christi 24186672 Contract Period ,larch 1, 2015 - August 31, 2015 Type of Travel Expense (mileagelfood/iodging etc.) A Total B Reimbursable C Other (Match) Local Mileage (30 miles x .56 x 6 months) S 100.80 8100.80 CYD Provider Meeting / TNOYS Prevention & Early Intervention Conf Hotel (Si 20 x 3 nts) 8360.00 8360.00 Hotel Taxes (810.80 x 3 nts) 532.40 532.40 Per Diem (2 x 4 x 536) 8288.00 8288.00 Mileage for Conference (432 miles x .56) 5241.92 8241.92 Total Travel $1,023.12 $1,023.12 *For monitoring purposes, receipts and other detailed records must be kept on file. **Costs not allowable if already being paid by other sources. Page 4 Texas Dept. of Family and Protective Services Budget for Purchase of Service Contracts (3) Materials, Supplies, and Controlled Assets Form 2030 July 2011 Contractor City of Corpus Christi Contract No. 24186672 Contract Period March 1, 2015 - August 31, 2015 Materials and Supplies (description) A Total B Reimbursable C Other (Match) Routine Office Supplies 724.5 724.5 Community Awareness Supplies 1027 1027 Food/Snacks (youth) 90 90 Total Materials and Supplies 1841.5 1841.5 0 *For monitoring purposes, receipts and other detailed records must be kept on file. *Costs not allowable if already being paid by other sources. Page 5 Texas Dept. of Family and Protective Services Budget for Purchase of Service Contracts (4) Equipment Contractor Contract No. Contract Period Form 2030 July 2011 City of Corpus Christi 24186672 March 1, 2015 - August 31, 2015 Equipment (description and basis of cost) Method Used (rentlteaselbuy) A Total B Reimbursable c Other (Match) none Total Equipment *For monitoring purposes, receipts and other detailed records must be kept on file. *All equipment must be tagged and numbered. **Costs not allowable if already being paid by other sources. Page 6 0 0 0 Texas Dept. of Family and Protective Services Budget for Purchase of Service Contracts (5) Other Costs Form 2030 July 2011 Contractor City of Corpus Christi Contract No. 24186672 Contract Period .ch 1, 2015 - August 31, 2015 Other Costs (description and basis of cost) A Total B Reimbursable C Other (Match) Postage/Delivery 100.80 100.80 Copying/Printing Costs 123 - 123 Recruitment Costs 425 425 Leadership Recognition Event 750 750 Community Needs Assessment 410 410 Registration Fees (TNOYS) 300 300 Lease/Rental Expenses 1,920 1,920 Cultural Competency Training 100 100 StJBCONTRACTOS Youth Odyssey 19,421 19,421 SERCO of Texas 58,663 58,663 Boys & Gilrls Club 28,971 28,971 Communities in Schools 44,706 44,706 Total Other Costs 155889.8 155889.8 0 *For monitoring purposes, receipts and other detailed records must be kept on file. **Costs not allowable if already being paid by other sources. Page 7 City of Corpus Christi FY15 Budget Narrative_ revised 3/2/15 RFP No. 530-15-0004 78415 Community Youth Development Program FY 15 BUDGET NARRATIVE RFP No.530-15-0004 The City of Corpus Christi (City) will serve as the fiscal agent for the Community Youth Development (CYD) Program. The City will provide fiscal services necessary to ensure State funds are properly utilized to deliver the services reflected in this proposal. The City will also ensure subcontracts for the delivery of services is executed by all service delivery agencies. During the program period, the City will monitor each subcontractor to ensure services are being delivered in accordance with State guidelines and as specified in the subcontract for services. Personnel — Salaries $37,874.84 Positions are salary -based with the exception of the Administrative Assistant which is paid on an hourly -base. The Program Manager and the Administrative Assistant are charged for 100% of their time, the Accountant is charged for time spent working on the CYD program. Timesheets are prepared each month by the persons in the three positions and their hours worked on CYD business is verified by the Program Manager. The Fiscal Agent is reimbursed by DFPS for only those hours worked on CYD. FA Non -Service Operational Salaries: $37,874.84 CYD Program Manager — Salary $21,061.86 A full-time (40 hours a week) CYD position responsible for preparing correspondence, plans, contracts, agreements, budgets, and monitoring reports all related to CYD. Monitors subcontractor and fiscal agent budgets and expenditures and ensures contract compliance. Conducts annual subcontractor formal monitoring and quarterly site visits. Collects and analyzes data to monitor contract compliance. Works with subcontractors on resolving problems and answering questions. Oversees the management of database on CYD participants. Reviews monthly subcontractor billings and reports for payment processing. Performs Community Outreach by creating collaborative relationships. Maintains inventory of all capital purchases by subcontractors and maintains an inventory list. In addition, this position also assists in CYD data entry as needed. 40 hours per week spent on CYD. $3,510.31 mo. x 100% x 6 mos. = $21,061.86 Accountant — Salary $4,573.50 Full-time (40 hours a week) position responsible for processing payment requests to vendors and subcontractors. Records and reports expenditures and processes time reimbursement for Fiscal Agent. 9-10 hours per week spent on CYD. $3,049 mo. x 25% x 6 mos. = $ 4,573.50 Administrative Assistant — Salary $12,238.98 A full-time (40 hours a week) CYD position reimbursed 100%, responsible for all data entry into 1 FA Non -Service Operational Fringe Benefits: $10,605.51' City of Corpus Christi FY15 Budget Narrative_ revised 3/2/15 RFP No. 530-15-0004 the PEIS data system and assisting the CYD Program Manager. Also responsible for maintaining files, assisting with community events and some correspondence with providers (40 hours per week spent on CYD).. $2,039.83 x 100% x 6 mos = $ 12,238.98 Personnel — Fringe Benefits $10,605.51 TMRS (retirement) Percentage on the (2) full-time salaries (CYD Program Manager $21,061.86 and CYD Administrative Assistant $12,238.98 =$33,300.84 For 6 months (March -Aug) - 15% x $33,300.84 = $4,995.12 or approx $832.52 per month. FICA Percentage of tax on the (2) full-time salaries (CYD Program Manager ($21,061.86 and CYD Administrative Assistant ($12,238.98) — 7.65% x $33,300.84 = $2,547.51 or approx $424.58 per month. Worker's Compensation (Program Manager and Administrative Assistant) $40 x 2 personnel x 12 pay periods = $960.00 Health Insurance (Program Manager only; the Administrative Assistant does not participate in the City's Health Insurance Program) $350.48 x 6 mos. = $2,102.88 Fringe Benefits will be charged at 100% to the State for the two full-time positions. Fringe Benefits for the Accountant are being paid by the City of Corpus Christi and not being charged to the State. Personnel — Travel $1,022.32 FA Non -Service Operational Travel: $1,022.32 Local mileage — Local travel by CYD Program Manager and/or Administrative Assistant at a rate of $0.56/mile, estimated miles for year to travel to subcontractor sites to coordinate and monitor programs. Basis is derived from historical usage from previous years. In the event there is a mileage rate increase, we will reimburse at a level no higher than the standard federal level. Approximately 30 miles / month x .56 cents per mile x 6 months = $100.80 2 City of Corpus Christi FY15 Budget Narrative_ revised 3/2/15 RFP No. 530-15-0004 Out-of-town travel: Funds are allocated to cover expenses for the Texas Network of Youth Services Annual Prevention and Early Intervention Conference held in San Antonio, Texas. We will request for reimbursement at this rate, but in the event of an increase, we will request at a level no higher than the standard DFPS rate. Trip 1 -- CYD Provider Meeting/TNOYS Conf Hotel rooms for (CYD Program Manager and Administrative Assistant) 2 staff members x 3 nights x $120.00 night = $360.00 $104. X Hotel Tax ($10.80 x 3 nts = $32A0 Per Diem: 2 staff x 4 days x $36/day = $288.00 Transportation (car): 1 vehicle x 432/miles Austin x .56 = $241.92 Total Trip - $922.32 Materials and Supplies $1841.50 FA Non -Service Operational Material and Supplies: $1841.50 Routine office supplies — $724.50 Office supplies to be utilized by the CYD Program Manager and Administrative Assistant in overseeing all projects under the Community Youth Development Program. Office supplies including but not limited to paper, pens, pencils, note pads, folders, printer cartridges, binders, computer hardware and software, craft supplies, camera, items for CYD meetings, subcontractor trainings, pre-bid conferences, publications, and correspondence. Approximately $120.75 per mo. x 6 mos. = $724.50 This figure is based on historical usage from previous years. Community Awareness Supplies — $1,027.00 Community Awareness for the CYD program will be done throughout the 78415 area including attendance at community events and school functions. At these events, we will be distributing small items to spread the CYD message and to recruit youth for the CYD programs. Items to be purchased will include the CYD logo and phone number and will include such items not limited to pens, pencils, lanyards and notebooks to be distributed to participants at events. This also includes supplies to conduct community meetings and attend school events at the three high schools, three middle schools and seven elementary schools. These items include but are not limited to decorations, banners, activity supplies etc. for community events. This figure is based on historical usage from previous years. Community Awareness items (High School) — 500 items @ $1.08 ea = $540.00 Community Awareness Items (Elementary) — 750 items @ .65 ea = $487.00 3 City of Corpus Christi FYI Budget Narrative_ revised 3/2/15 RFP No. 530-15-0004 Food/snacks (for Youth) — $90.00 Costs associated with the purchase of food, drinks and/or snacks for youth that attend the CYD Collaborative Committee meetings. Youth attendance to each monthly meeting averages about 7- 10 youth. We invite a number of YAC students to attend the meetings and get a feel for the Collaborative Committee and to voice their opinion on programs. In addition, the CYD Program Manager with assistance from YAC youth, will visit each of the 78415 schools to raise awareness of the program by participating in the school's festivals.. All food costs will be in accordance with DFPS guidelines. Basis is from historical data. Food for CYD Youth at CCC Meetings & Summit meetings 2 meetings at $45 each (approx. 15 kids each) - $ 90.00 Rental, Lease or Purchase of Equipment - $0.00 FA Non -Service Rental, Lease or Purchase of Equipment: $0.00 None Other Costs $155,889.80 FA Non -Service Operational Other Costs: $4,128.80 Postage, delivery charges — $100.80 Costs associated with mailings and deliveries of CYD documents. Fiscal agent is charged per piece, not cost allocation. The estimate of $0.48 per piece is an average cost which includes processing the outgoing mail plus postage. 35 pieces x 6 x $0.48/piece = $100.80. Copying/printing charges — $123.00 Cost for copying documents for CYD meetings, copies to subcontractors and DFPS. Based on prior year's volumes. Fiscal agent is charged per copy at .07 each, not by cost allocation. The estimate of $0.07 per copy includes the City of Corpus Christi lease agreement and the maintenance contract. Copies made - 150 copies/mo. x $0.07 x 6 mos. = $63. Specialty outside print jobs (i.e. display boards, banners, postcards and/or posters for distribution) estimated at $20 x 3 months = $60. Recruitment Costs — $425.00 Costs associated with recruiting for the CYD program throughout the year including extra pushes for summer programs. This includes visiting school events that are held in the fall at the 78415 schools and end of year events. This will give the CYD Program Manager the opportunity to visit 4 City of Corpus Christi FYI5 Budget Narrative_ revised 3/2/15 RFP No. 530-15-0004 with each school, meet teachers and parents at the schools and engage the youth through activities while learning about CYD programs. This will also give us the opportunity to showcase programs, perform surveys, increase recruitment and also promote awareness of the CCC. These events will involve the CYD Collaborative Committee, providers and YAC. In order to increase awareness at the events, for larger events we will create more of a presence with larger booths and activities for YAC youth to interact with while discussing the program. Costs associated with these events include but are not limited to t -shirts for working youth, staff and volunteers, booth costs, decorations, and supplies. Booth Costs (1 x $125, 3 x $50) $ 275.00 Booth supplies (6 x $25 ) $ 150.00 Total Cost $ 425.00 Leadership Recognition Event - $750.00 We will collaborate with providers to provide a Leadership Recognition event for CYD Youth. This event will invite CYD youth to receive recognition for the jobs/community service that they provided throughout the year while being recognized within their community. Costs will include but not limited to a Speaker, projector and sound system including microphone rental, award certificates and recognition token, and decorations. Cost is based on historical data. Recognition Event Site Rental $ 150.00 Presentation Services (system rental & decor) $ 175.00 Certificates $ 75.00 Food (50+ youth in attendance for the Recognition Event) $ 350.00 Total cost for Leadership Recognition Event $ 750.00 Community Needs Assessment — $410.00 The Community Needs Assessment will require special meetings with the YAC and CCC. A youth survey will be distributed to YAC peers in the 78415 zip code. Incentive to complete the form for the youth will include a small item either a CYD wristband, CYD ID tag or similar item in cost. In the past, these items have helped to bring in more surveys and have offered more incentive to the YAC students to approach their friends and peers. Also, in order to bring about competition amongst the youth, the CYD youth who represent the school with the most surveys returned receive a prize, such as an educational field trip. In addition, the CYD Program Manager will enlist assistance from the Dr. Philip W. Rhoades at Texas A&M University -Corpus Christi for compilation of data. Basis on cost derives from historical data from previous years and does not have a formula readily available. Survey Incentives 300 x $.60 - $ 180.00 Recognition event for school - $ 115.00 Data compilation $ 115.00 $ 410.00 Registration Fee — $300.00 Registration Fee for 2 staff for TNOYS conference = $300 Cultural Competency Training - $100.00 As a grant contract, everyone must be trained in Cultural Competency. We will enlist the 5 City of Corpus Christi FY15 Budget Narrative_ revised 3/2/15 REP No. 530-15-0004 assistance of a speaker in order to fulfill this portion of the contract. Speaker (1.5 hours of cultural competency training) = $100.00 Lease / Rental Expenses - $1,920 The CYD Program Manager's Office is now located at a City of Corpus Christi's, "Parks and Recreation" rental office area located at 606 Carancahua, Ste 105 Corpus Christi, Texas. The space that utilized for CYD business is 320 square footage (CYD Program Manager — 120 sq ft, CYD Administrative Assistant — 110 sq. ft, CYD Storage — 90 sq ft). The monthly lease amount paid to Wilson Plaza Associates L.P. is $4,802. The monthly rental fee paid to the City of Corpus Christi for housing the CYD office at 606 N. Carancahua, Ste 105 is $320. This amount includes utilities and electricity. Lease / Rental Expense Breakdown: CYD Office Square Footage: 320 Total Square Footage for the building: 4,802 Monthly Rental for the building: $4,802.00 4,802' / $4,802 = $1.00 per square foot 320' x $1.00 = $320 per month x 6 months = $1,920.00 Total Subcontractor Services/Other Costs: $151,761.00 Youth Odyssey SERCO of Texas Boys & Girls Club of CC Communities In Schools Total Subcontract Service Dollars: TOTAL AMOUNT OF CYD CONTRACT: $ 19,421.00 $ 58,663.00 $ 28,971.00 $ 44,706.00 $ 151,761.00 $207,233.47 6 Community Youth Development Program FY 2015 Plan of Operation Contractor Name: Corpus Christi Parks & Recreation 1- SUMMARY PAGE Contract Number: 24186672 78415 County: Nueces Contract Amount: $207,233.47 CYD Program Coordinator Contact Information Name: Matthew Delgado Title: E-mail: Phone Number: CYD Program MatthewDe@cctexas.com 361-826-4028 Manager Address (Include City and ZIP): 615 Leopard Ste. 105 Corpus Christ, TX 78401 Pro • ram Out uts Output #1: Number of unduplicated youth served: Output #2: Number of unduplicated youth served: Monthly (average)*: 400 Annually**: 500 Identify the ***Cost Per Youth Client: $414.67 Duplication Percent 15% NOTE Monthly Average each youth or adult rece(ving services within a month is counted once during each month Annually each youth;, or adultrecelvingservices within the contract%period (the fiscal year) is counted once for the. ""Cost per Youth Client. Total program funding amount/annual contracted output yo for uth (Output ,#2) " Ouplicatton'percent is the total number of youth served by more than one service provider including the fiscal agent annual target �..> fiscal agent divided, by the fiscal agent s 1. Will the fiscal agent provide services? ❑ Yes, go to question number 2. 2. Check the services to be provided by the fiscal agent: ❑ Youth -Based Curriculum Activity - 01 ❑ Family -Based Curriculum Activity - 02 ❑ Parent/Caregiver-Based Curriculum Activity - 03 ❑ Family Focused Service - 05 ❑ Recreational Services - 07 ® No, skip to question number 4. ❑ Academic Support Services - 08 ❑ Life Skills Classes - 09 ❑ Mentoring - 10 D Youth Leadership Development -11 0 Youth Advisory Committee -12 3. Funding amount for services provided directly, by fiscal agent: $ 4. Identify the organizations providing the required CYD services (if not provided by the fiscal agent): Required CYD Service: Name(s) of Organization(s) Mentoring Services SERCO of Texas Youth Leadership Development Services SERCO of Texas Youth Advisory Committee SERCO of Texas Parental Involvement Communities in Schools 5. Provide the following information for all subcontractors providing CYD services (separate summer only services): Name of subcontracted service provider Funding Amount 1. Boys & Girls Club of Corpus Christi 2. Communities in Schools or the Coastal Bend 3. SERCO of Texas 4. Youth Odyssey, Inc. Total $ 28,971 $ 44,706 $ 58,663 $ 19,421 $ 151,761 Unduplicated Youth To Be Served 150 150 400 40 740 CYO Plan of Operation Fiscal Year2015 Page 1 of 19 (March 1, 2015 — August 31, 2015) 2 — PERFORMANCE BASE CONTRACTS A. 'Monitoring 1. Provide a preliminary schedule for formal on-site monitoring of subcontracts during the March 1, 2015 — August 31, 2015 contract period and attach copies of monitoring tools (IF NOT INCLUDED IN INITIAL PROPOSAL) utilized to review subcontracted service providers including fiscal, programmatic and administrative information and label as Attachment I -Monitoring Tools. NOTE "Alf subcontracted service providers should be monitored at least once within the first six months of their contract with the CYD fiscal agent in all three areas, Preliminary Monitoring Schedule: Month September Subcontract Schedule for FY15 Type of Monitoring* Month March Subcontract Type of Monitoring* October April November December January Ma Bo June s & Girls Club Communities in Schools July SERCO Pro. rammatic/Administrative Programmatic/Administrative Programmatic/Administrative February August Youth Odyssey Programmatic/Administrative * Type of Monitoring: Fiscal, Programmatic and/or Administrative B Community Collaborative Committee: (CCC} 1. Complete the attached roster of Community Collaborative Committee Members found on Attachment II -CCC Roster & Review Committee. Indicate on the roster which members also serve on the Review Committee. 3 -- MENTORING PROGRAM(S) MOTE Aseparate Mentors g section must be completed for each servfae provider (both 1 rscal Agent and subcontractors providing t mentoring service type Program Outputs Output #1: Number of unduplicated youth served: Monthly (average)*: 20 Output #2: Number of unduplicated youth served: Annually**: 140 1. Is this Mentoring Program a stand-alone program or component of a larger program? ❑ Stand-alone ® Component of a larger program (Name of the larger program SERCO) 2. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms ® Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Caring adults other than parent ❑ Strong bond between children and parents ❑ Emotional support and absence of severe criticism ❑ High parental expectations ® Clear rules and expectations ® Involvement with school/community ® Friendship network ® Positive perception of self and others ® Places high values on helping others ® Sense of purpose CYO Plan of Operation Fiscal Year 2015 Page 2 of 19 (March 1, 2015 —August 31, 2015) Program Description 3. Describe the mentoring services to be provided in detail, and the mentoring guidelines, if applicable. (Who, What, When, Where, and How). Provide page(s) of where this information is provided in your proposal. A group mentor program will be implemented at the elementary school campus to provide students with positive support, counsel, and friendship. Students will alternate meeting during breakfast or lunch once a month to hear presentations from guest speakers from various career fields; to learn life skills; and, to participate in educational field trips. Career Mentoring --A Career Club will be implemented on the middle and high school campuses to provide students with guidance to make career decisions and promote long term goals such as college exploration and career exploration. These Career Clubs have been a very successful component of the SERCO CYD Program. Students will have the opportunity to learn about various career fields through guest speakers and field trips as well as attending College Career Fairs and Industry Fairs such as the Del Mar Health Careers Fair and the Driscoll Children's Hospital Career Fair students have attended in past years. Students enjoyed numerous field trips throughout the year such as campus tours at Texas State University in San Marcos, Texas A&M University Corpus Christ and Del Mar College; Girls in Engineering Day at University of Texas in Austin; Explore UT; a visit to the Alamo and the Witte Museum in San Antonio to name a few. Guest speakers will be scheduled bi-weekly so that all the career clusters can be covered over the school year. The high school students will also be offered the opportunity to participate in workshops for resume writing, interviewing techniques, appropriate interview attire, etc. The YAC will plan a Career Day inviting various employers to conduct mock interviews with the students while providing feedback for improvement of interviewing skills. In addition, speakers from various fields of interest will be recruited to present information to students on a bi-weekly basis as part of a lunch "career club" during the three scheduled lunch shifts. High school students will be offered the opportunity to participate in National Groundhog Job Shadow Day where they will be placed at a worksite in a career field of interest. 4. Identify the frequency, intensity and duration of services for clients: Average::. Frequency Identify: daily, weekly, monthly service amounts service does not equal .1 -; hour ). Average Intensity Total # of sessions, visits, or interactions er participant Average Duration Identify the average amount of time it will take a participant to.. complete the program Example: Mentoring (Rites of Passage) Youth 4 sessions per month 12 Sessions (frequency x duration) 3 months Mentoring (Group/Career Mentoring) Youth 1-2 sessions per month 6-12 sessions 6 months 5. What is the mentor to youth ratio: 1 to 4 6. Indicate who will serve as mentors and what recruitment/retention efforts and training will be provided. SERCO has established Personnel Policies and Procedures for recruiting and screening (including criminal background checks) of staff and volunteers. SERCO's Standard Operating Procedures related to staff development and staff oversight/supervision conforms to City of Corpus Christi requirements and the contracted program activities. Criminal background checks have been and will continue to be completed for staff and volunteer mentors once the mentor application has been processed. All information will be kept in a secure location and available for review as needed. SERCO staff will meet one on one with each volunteer to ensure that they bring added value to the program and that they possess the interpersonal skills necessary to work with youth. Campus teachers will provide tutorial opportunities to CYD youth to improve grades or STAAR scores later in the year. Presenters from various industries in the community will be recruited for one time presentations to students on designated campuses and for Career Days planned. Mentors to be recruited for the group mentoring program at the elementary school campus will be scheduled monthly on those campuses and will also receive support and guidance by program staff each month to ensure that program policies are being adhered to. Volunteers who will serve as career presenters will serve in this capacity on a one time only basis and always with campus staff and/or the Program Manager/Liaison in attendance CYD Plan of Operation Fiscal Year2015 Page 3 of 19 (March 1, 2015 — August 31, 2015) NOTE: All volunteers and mentors;must be cleared with a DPSCriminal: Background Check and a DFPS Child Abuse :Registry;check through the ABCS. system: 7. Identify the target population to be served: Youth ® Males ® Females Ages: 0 ®10 ®11 ®12 ®13 ®14 Grades Targeted: 4th El 5th 6th ® 7th /X4 8th 8. Identify the program model or curriculum (if applicable) to be implemented, to include the developer of the program: EXAMPLE... Big, Brothers Big.Sisters Mentoring Program _developed' by Big Brothers Big Sister 4'- YOUTH ADVISORY COMMITTEE! PROGRAM Service Nrow aerintormatron Organization Name: City of Corpus Christi Total Program Funding Amount: $ 58,663 Program Name: SERCO of Texas Contract Period: From: 03/01/2015 To: 08/31/2015 (Inclusive Dates of Service): Same as contract period Yes: ® No: 0 If not, From: To: All addresses (locations) where services will be provided, (please use full address): 1. Mary Carroll High School 5301 Weber Rd, Corpus Christi, TX 78411 1. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms ® Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Caring adults other than parent ❑ Strong bond between children and parents ❑ Emotional support and absence of severe criticism 0 High parental expectations ® Clear rules and expectations ® Involvement with school/community ® Friendship network ® Positive perception of self and others ® Places high values on helping others ® Sense of purpose Program Description 2. Describe the services to be provided in detail. Provide page(s) of where this information is provided in your proposal. (Who, What, When, Where, and How). The SERCO CYD program will strive to develop leadership skills in all the youth its serves but will provide the opportunity for approximately forty (40) high school students to begin to establish the skills and knowledge it takes to be a leader in their communities. A YOUTH SUMMIT will be planned and led by the Youth Advisory Committee (YAC) in the 78415 community to encourage leadership development. The YAC will be recruited to choose date, topics, speakers, location and to coordinate and facilitate the summit activities. Adults will be on hand to assist and offer guidance but youth will coordinate all activities as a leadership development activity. Community Service wilt play an integral part in the effectiveness of this program. Studies have shown that students involved in community service projects have increased positive feelings and mental health, and decreases in depression and stress. Students participated in many community service projects this past program year such as visiting nursing CYD Plan of Operation Fiscal Year 2015 Page 4 of 19 (March 1, 2015 — August 31, 2015) homes, toy drives for foster youth, awareness walks, city cleanups and many more. Projects will also be solicited from the 78415 community through formal requests to the campuses. Applications will be taken for one -day projects such as yard work, painting, cleaning, minor carpentry, etc for economically disadvantaged senior citizens and others. Applications will be reviewed by YAC youth and selected for implementation each month. Community service projects help redirect energies of at -risk youth to more positive social activities. Participating in community service projects can be an effective tool in instilling a sense of belonging or stability that these youth need to feel connected (use JDO.I-.1D12 "service type names first and individual program nanzes in parentheses) Average Frequency Identify daily, weekly, monthly service amounts 1 service does not equal 1 hour) .; Average Intensity Total # of sessions, visits, or interactions per participant Average '. Duration Identify:, the average amount of time it will take a participant to complete the program Example: YAC (Champions) Youth 4 sessions per month Youth Advisory Committee Youth 1 session per month 48 Sessions (frequency x duration) 6 sessions 12 months 6 months 5 - YOUTH LEADERSHIP DEVELOPMENT PROGRAM Note. Complete one,Youth Leadership; Development (YLD) Program section for each service provider (both' Fisoal Agent and�: subcontractors) rrseets that"raII the YLD requirements found on page 27 of the December 17 2014 RFP Per the RFP, YLD program requirements D Must be offered to prepare youth to meet the challenges'.'.9'f':.0.0''9'1e'i'icp' .n'''':c„'. of adolescence through a series of"structured, progressive" ctivities and experiences that help them to develop leadership skills (such as conflict resolution, negotiation, communication ions, goal setting, team banding, positive self esteem, and empowerment) I The approach must view youth as resources and build on their strengths and capabilities to develop within their own community and may include such thin' s as"service Iearntn cor mponents 9 g Youth must be offered YLD, services at leastone time per month J.'fhe YAC group alone does not satisfy the requirement fora youth Leadership development program While all YAC ,,,,,articipante:mUst participate, in YLD, an YLD program that is separate an i distinct;from the YAC must be offered with capacity o serve additional youth Program Outputs Output #1: Number of unduplicated youth served: Monthly {average)*: 40 Output #2: Number of unduplicated youth served Annually**: 240 1. Is the Youth Leadership Development (YLD) Program a stand-alone program or component of a larger program? ® Stand-alone ❑ Component of a larger program (Name of the larger program 2. Check the protective factors this program will identify for change: Involvement with positive peer group activities and norms ® Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Caring adults other than parent ❑ Strong bond between children and parents ❑ Emotional support and absence of severe criticism D High parental expectations ® Clear rules and expectations • Involvement with school/community CYD Plan of Operation Fiscal Year 2015 Page 5 of 19 (March 1, 2015 — August 31, 2015) El Friendship network ® Positive perception of self and others ® Places high values on helping others Sense of purpose Program Description 3. Describe the services to be provided in detail. Provide page(s) of where this information is provided in your proposal. (Who, What, When, Where, and How). The SERCO CYD program will strive to develop leadership skills in all the youth its serves but will provide the opportunity for approximately forty (40) high school students to begin to establish the skills and knowledge it takes to be a leader in their communities. A YOUTH SUMMIT will be planned and led by the Youth Advisory Committee (YAC) in the 78415 community to encourage leadership development. The YAC will be recruited to choose date, topics, speakers, location and to coordinate and facilitate the summit activities. Adults will be on hand to assist and offer guidance but youth will coordinate all activities as a leadership development activity. Applications will be reviewed by YAC youth and selected for implementation each month. 4. Identify the frequency, intensity and duration of services for clients: use JD01-JD12 service type namesfirst an indivrduai program names in parentheses) Average Frequency Identify daily, weekly, monthly service `, amounts service does not equal 1 hour) Average Intensity Total # of sessions,: visits or interactions per participant Average Duration". Identify the average amount of time it will take a participant" to 4 sessions per month 12 Sessions 3 months (frequency x duration) 2 session per month 12 sessions 6 months complete the :[ program Example: YLD (Ail Stars) Youth Youth Leadershjp Development Youth 5. Describe the process for ensuring opportunities are provided for youth to serve in leadership roles in their community. Community Service will play an integral part in the effectiveness of this program. Studies have shown that students involved in community service projects have increased positive feelings and mental health, and decreases in depression and stress. Students participated in many community service projects this past program year such as visiting nursing homes, toy drives for foster youth, awareness walks, city cleanups and many more. Projects will also be solicited from the 78415 community through formal requests to the campuses. Applications will be taken for one - day projects such as yard work, painting, cleaning, minor carpentry, etc for economically disadvantaged senior citizens and others. Community service projects help redirect energies of at -risk youth to more positive social activities. Participating in community service projects can be an effective tool in instilling a sense of belonging or stability that these youth need to feel connected. 6 - FISCAL AGENT:PROGRAM(S) SERVICES NOTE Corn tete a separate Fiscal Agent Pro ram section for each individual program provided by the Fiscal Agent except if the =-type Es mentoring,;¥AC, er:YLD which wouldbeindicated inthe appropriate section:: seNici Program Outputs For; Services Provided l'ByFiscal Agent Output #1: Number of unduplicated youth served: Monthly (average)*: N/A Output #2: Number of unduplicated youth served: Annually**: N/A CYD Plan of Operation Page 6 of 19 Fiscal Year 2015 (March 1, 2015 — August 31, 2015) 1. Check all the service types to be provided in this program: ❑ Youth -Based Curriculum Activity - 01 ❑ Recreational Services — 07 ❑ Family -Based Curriculum Activity - 02 ❑ Academic Support Services - 08 ❑ Parent/Caregiver-Based Curriculum Activity - 03 ❑ Life Skills Classes - 09 ❑ Family Focused Service - 05 2. Check the protective factors this program will identify for change: ❑ Involvement with positive peer group activities and norms ❑ Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental/guardian supervision ❑ Caring adults other than parent ❑ Strong bond between children and parents ❑ Emotional support and absence of severe criticism ❑ High parental expectations ❑ Clear rules and expectations ❑ Involvement with school/community ❑ Friendship network ❑ Positive perception of self and others ❑ Places high values on helping others ❑ Sense of purpose Program Description 3. Describe the services to be provided in detail. Provide page(s) of where this information is provided in your proposal. (Who, What, When, Where, and How including the days and hours). 4. Identify the frequency, intensity and duration of services for clients: entice ype:: use JIJDI=JD.i2 service type"zarraes first an drvidual pragrarii ►retries w parentheses) Average Frequency Identify daily, weekly, monthly service amounts service does not equal 1 hour);. Average Intensity Total # of sessions, visits, or interactions per participant Average Duration".'. Identify "` the -:?i average ,,amount:of'. -time it Will take a participant to complete the Program Example: Recreation (CYD Lions) Youth 4 sessions per month 12 Sessions (frequency x duration) 3 months 5. Identify the target population to be served: ❑ Males ❑ Females El 6-9 years of age ❑ 10-17 years of age CYD Plan of Operation 7- SUBCONTRACTED PROGRAMS Page 7 of 19 Fiscal Year 2015 (March 1, 2015 —August 31, 2015) NOTE Complete a separate Subcontracted Programs section far each individual program provided by a subcontracted service provii except if the service type is mentoring, YAC or YLD which would be Indicated in the appropriate section Program Outp, huts.. _ .. Output #1: Number of unduplicated youth served: Monthly (average)*: 35 Output #2: Number of unduplicated youth served: Annually**: 175 1. Check all the service types to be provided in this program: ❑ Youth -Based Curriculum Activity - 01 ❑ Recreational Services — 07 ❑ Family -Based Curriculum Activity - 02 ® Academic Support Services - 08 ❑ Parent/Caregiver-Based Curriculum Activity - 03 ® Life Skills Classes - 09 ❑ Family Focused Service - 05 2. Check the protective factors this program will identify for change: ▪ Involvement with positive peer group activities and norms ❑ Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental/guardian supervision ® Caring adults other than parent ❑ Strong bond between children and parents ❑ Emotional support and absence of severe criticism ['High parental expectations ® Clear rules and expectations ® Involvement with school/community ® Friendship network ® Positive perception of self and others ❑ Places high values on helping others ❑ Sense of purpose Program Description 4. Describe the services to be provided in detail. Provide page(s) of where this information is provided in your proposal. (Who, What, When, Where, and How including the days and hours). After-school Program: M - F, 3:00 p.m.— 6:00 p.m.; Includes: Power Hour and Triple Play Athletic leagues: Basketball, Flag Football, Kick Ball and Volleyball Summer Program: M — F; 8:00 a.m. — 5:00 p.m.; includes: Triple Play, Swimming, educational programs Power Hour offers extended learning opportunities and educational enrichment programming during non -school hours. It helps to improve academic performance by providing the one-on-one help that many youth do not receive either at home or at school. Students are expected to complete homework assignments before participating in recreational activities. Triple Play demonstrates how eating right, keeping fit and forming positive relationships add up to a healthy lifestyle. The focus is on three components: Mind, Body and Soul. We have an agreement with A&M School of Nursing that provides an added educational and mentoring component to our Triple Play program. The student nurses come to the Club twice each week to work with the kids and to serve their families with health issues. Athletic Leagues offer 6-8 weeks of skill development in one particular sport, offering youth a chance to compete in organized sports leagues and learn good sportsmanship behavior as well as sense of responsibility and self-worth. We currently offer league opportunities to CYD kids in Basketball, Volleyball, Kickball and Flag Football. CYD Plan of Operation Fiscal Year 2015 Page 8 of 19 (March 1, 2015—August 31, 2015) ervice Type, and for Whom; Served: (Who targeted participants are) use`JDOJ-JDJ2 service type "ironies first and.: individual program names in parentheses) Average Frequency , Identify daily, weekly,: monthly service amounts service does not: equal 1hour`—'' Average Intensity Total # of sessions", visits, or interactions per participant Average. Duration:. Identify the average amount of. time it will take a participant'. to complete the. program Example: Academic Support (Future Kids) Youth 4 sessions per month 12 Sessions (frequency x duration) 3 months Academic Support (Power Hour) Youth Daily 60 sessions 3 months Recreational (Boys & Girls after school program) Recreational (Athletic Leagues) Youth Daily 60 sessions 3 months Youth 4 sessions per month 24 sessions 6 months Recreational (Summer Program) Youth Daily 45 sessions 3 months Staffing Plan} For Subcontractors;; 5. Describe the staffing plan, including staff supervision and support, and how adequate staffing will be ensured, in the event of vacancies or extended absences. (What staff positions will work directly on the CYD contract and which position will supervise whom and provide backup if necessary). Position: title, (indicate if a volunteer) Services for which this Position supervised by Position has: backup by this position position is responsible Unit Director Overall Programming Executive Director Executive Director Learning Center All Educational Programs Unit Director Youth Development staff Front Desk All KidTrax Documentation Unit Director Unit Director Our staff is well trained to function without constant supervision; however performance is monitored on a daily basis, and there is always a lead staff responsible for each program area. There is an established chain of command for every area and adequate support staff is assigned to handle larger than usual groups. There is a staff -to- youth ratio of 1:25. The three positions charged to this grant are as follows: Unit Director18yrs experience; college courses at TX Tech; extensive BGCA training Learning Center – 8 yrs. experience; BA degree; extensive BGCA training Front Desk – 8 yrs. Experience; assoc. Del Mar; extensive BGCA training CYD Plan of Operation Fiscal Year 2015 Page 9 of 19 (March 1, 2015 – August 31, 2015) 7`- SUBCONTRACTED PROGRAMS NOTE: Complete a separate Subcontracted Programs section for -each individual program provided by'a subcontracted service provider, except if the service type is mentoring; YAC or YLD which would be indicated in the appropriate riate section Program Outputs Output #1: Number of unduplicated youth served: Monthly (average)': 25 Output #2: Number of unduplicated youth served: Annually**: 175 1. Check all the service types to be provided in this program: ❑ Youth -Based Curriculum Activity - 01 ® Recreational Services — 07 ❑ Family -Based Curriculum Activity - 02 ® Academic Support Services - 08 ❑ Parent/Caregiver-Based Curriculum Activity - 03 ® Life Skills Classes - 09 ['Family Focused Service - 05 2. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms ® Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental/guardian supervision ® Caring adults other than parent ❑ Strong bond between children and parents ® Emotional support and absence of severe criticism ❑ High parental expectations Clear rules and expectations ❑ Involvement with school/community ® Friendship network ® Positive perception of self and others ❑ Places high values on helping others ® Sense of purpose Program Description 3. Describe the services to be provided in detail. Provide page(s) of where this information is provided in your proposal. (Who, What, When, Where, and How including the days and hours). CIS is proposing to serve two (2) sites: South Park Middle and Gloria Hicks Elementary. Communities In School's CYD program includes students, who have been referred because of a specific need such as behavior, academics and/or attendance and other students who will be registered under activities who will take part in all activities. All enrolled students attending a school in 78415 will have access to these services with CIS placing emphasis on youth 10-17 years of age. The school sites will provide a safe environment where youth can learn and grow and serve as a resource center for other programs and agencies. Programs are age appropriate and customized per school site based on an assessment utilizing information from school staff, students and families. Some of the activities the case managers provide include support groups, individual guidance, family activities, homework help/tutoring, presentations and information on issues such as drug awareness, teen pregnancy, HIV/AIDS, and educational field trips. Case managers working full-time will invest time for preparation, coordination, and implementation of direct services. After school activities will be coordinated and implemented directly by the case manager. Case managers work with the families to provide a full -structure of assistance to the youth. Families are invited to various activities at the schools. This gives the families an opportunity to participate with their youth, to include speakers, presentations and one-on-one counseling. Academic Support Services will be provided once a week every other week for 1 hour for 4 months. Life skills which will include presentations and individual guidance will be provided for 1 hour once a week every other week for four months. Recreational services will also be provided for 4 months 1 hour once a week every other week. CIS/CYD staff will develop a monthly activity plan which will provide a tentative schedule of all activities. This monthly activity plan will be turned into the Project Coordinator for the prior month and a tentative activity plan for the current month. CIS/CYD programs will provide structured activities at two (2) school sites where eligible youth, parents and siblings are welcomed to participate. Coordinated activities are geared towards knowledge, CYD Plan of Operation Fiscal Year 2015 Page 10 of 19 (March 1, 2015 —August 31, 2015) personal growth, and enhancing family life. Activities will be varied to meet the needs of the participants. Activities will be implemented before and during school at the elementary school and middle school site. Identified elementary school sites will also include recreational activities immediately after school. Participation is voluntary with a CYD registration form signed by the parent/guardian. Service: "" " Academic Support and Life Skills Location Gloria Hicks Elementary Days Monday -Friday Time 8:00-4:00 Academic Support and Life Skills South Park Middle School Monday -Friday 8:00-4:30 ervice Type and for Whom Served (Who targeted participants are) When (months -" served per program) use "JDO.1-JD12 service type n nnes ffrst"ane ilr livirtuaiprogram" :agaes in parentheses) Example: Academic Support (Future Kids) Life Skills (Case Management) Average Frequency .. dentify daily, weekly, monthly service amounts service does not equal 1 hour), 4 sessions per month Average Intensity Total ;# -of sessions; visits,. or, interactions per participant Youth Daily 12 Sessions (frequency x duration 60 sessions Average Duration Identify" the average amount of time it will::i take a participant to .. complete .` ro. ram 3 months 3 months Life Skills (Life Skills Training Classes) Youth Weekly 12 sessions 3 months Academic Support Youth Daily 60 sessions 3 months Recreational Services Youth 2 sessions per month 8 sessions 4 months Staffing Plan" For Subcontractors 4. Describe the staffing plan, including staff supervision and support, and how adequate staffing will be ensured, in the event of vacancies or extended absences. (What staff positions will work directly on the CYD contract and which position will supervise whom and provide backup if necessary). The Project Coordinator will oversee the CIS/CYD program and work closely with case managers in providing services. The Project Coordinator will monitor all aspects of the program and be responsible for the completion the CYD monthly status reports. The Project Coordinator has five years of experience with the CIS/CYD program and has demonstrated a clear knowledge of the program. This position will not be funded through CYD grant but will be an in-kind contribution. The case manager will be responsible for their campus only. They will prepare, coordinate, and implement direct services on their perspective campuses. Case managers have various year of experience with the program and have been trained in working with the youth they service and in the mission of the CYD grant. The minimum qualification for all case manager positions is a Bachelor's degree in a social service field and/or 5 years of experience working as a case manager. In case of staff vacancy/absence, the Project Coordinator will fulfill the duties of the staff. In the event of a vacancy with the Project Coordinator, other Coordinators from various schools will be pulled to fulfill the duties until the position is filled. Position title (indicate if a" volunteer) Services for which this position is%responsibleE Case manager Case manager Responsible for maintaining the CYD •ro•ram at South Park MS Responsible for maintaining the CYD • ro• ram at Hicks Elementar Position supervised by: Gloria Taylor Gloria Taylor Position has backup by this. position: Project Coordinator Project Coordinator CYD Plan of Operation Page 11 of 19 Fiscal Year2015 (March 1, 2015 — August 31, 2015) CIS has Personnel Policies, Standard Operating Procedures, Directives, and Memorandums in place to maintain the internal integrity of the agency. These policies are reviewed yearly by Management and Board Committees to make sure current state and federal guidelines are being followed. Attracting and maintaining educated and trained personnel is essential for CIS and this grant if children and families are to continue to succeed. It is imperative for our organization to be in compliance with changes in laws regarding hiring practices. Staff will be trained by the Project Coordinator in all aspects of the program and in the necessary documentation. Continual support and working as a team builds a strong staff commitment to the CIS/CYD mission and ensures success. The Project Coordinator will conduct job shadowing to assist new personnel in fully understanding the program. CIS will maintain a ratio of 25 youth to 1 staff member during activities at the school. CIS will plan ahead and utilize approved volunteers, parents, and recreational leaders should the need arise for more supervision. CYD Plan of Operation Fiscal Year 2015 Page 12 of 19 (March 1, 2015 --August 31, 2015) 7" SUBCONTRACTED. PROGRAMS DOTE Complete a separate Subcontracted. Programs"section for each service provider except rf the servrce type is mentoring YAC or YLD which would'be Eradicated in fhe appropriate section Program Outputs, Output #1: Number of unduplicated youth served: Monthly (average)*: 8 Output #2: Number of unduplicated youth served: Annually**: 45 1. Check all the service types to be provided in this program: ❑ Youth -Based Curriculum Activity - 01 ® Recreational Services - 07 0 Family -Based Curriculum Activity - 02 0 Academic Support Services - 08 0 Parent/Caregiver-Based Curriculum Activity - 03 ® Life Skills Classes - 09 0 Family Focused Service - 05 2. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms ® Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental/guardian supervision ❑ Caring adults other than parent ❑ Strong bond between children and parents Emotional support and absence of severe criticism ❑ High parental expectations Clear rules and expectations ® Involvement with school/community ® Friendship network ® Positive perception of self and others Places high values on helping others ® Sense of purpose i3 ii Program Description 2. Describe the services to be provided in detail. Provide page(s) of where this information is provided in your proposal. (Who, What, When, Where, and How including the days and hours). Youth Odyssey Programming Sessions last 6 -- 9 weeks and are comprised of the following: o 8 Portable Ropes Course Challenge Sessions that will serve a max of 15 youth per session. The onsite activities are two-hour sessions. - After school 4-6 pm Monday through Thursday - Throughout the day during school breaks o 2 Stationary Ropes Course Challenge Sessions that will serve a max of 13 youth per session. These are from 8:30 a.m. until 4:00 p.m. - Saturdays & Holidays (days off from school) o 1 Adventure Wilderness Trip that will serve a max of 12 youth on each trip. The trips are from Friday afternoon till Sunday afternoon. Weekends during the school year 3-5 day trips during the school breaks o 1 Graduation Session that will serve a max of 15 youth per session. The onsite activities are two-hour sessions. - After school 4-6pm Monday through Thursday - Throughout the day during school breaks ADVENTURE CHALLENGE PROGRAM - ONGOING PORTABLE AND STATIONARY ROPES CHALLENGE COURSE Ropes Courses are a unique and powerful way to foster team development and personal growth. The Portable Ropes Challenge Course consists of Portable Team Challenges and are typically 2 -hour sessions conducted onsite at the referring agency. The Stationary Ropes Challenge Course is located on 1-37 and is comprised of a full day session. CYD Plan of Operation Fiscal Year 2015 Page 13 of 19 (March 1, 2015 — August 31, 2015) Low Elements During the low elements portion of a Ropes Challenge Course, the focus is on the team. Activities draw on the knowledge and ideas of every group member and require the participation and cooperation of the entire team. Activities are performed on or close to the ground, gradually increasing in difficulty so the team can learn from its successes and build trust and confidence as obstacles are overcome. High Elements The High Elements of a Ropes Course emphasizes individual challenge, accomplishment, and is built upon the team development and trust established on the Low Elements. The High Elements are an extremely powerful developmental tools because of the perceived risk of each activity. The High Elements allow the youth to expand their comfort zones and overcome fears that can block personal development and achievement. Processing at the closure of each experience includes reflection, evaluation and goal review to help the youth derive meaning from the experience and how it applies to their lives. ADVENTURE WILDERNESS TRIP The wilderness is a place where nature is dominant and situations and their consequences are real. Camping in these conditions, away from the distractions of modern civilization fosters self-reliance, respect and a sense of responsibility for youth's own actions. Youth Odyssey's programs are designed based on the nationally recognized National Outdoor Leadership Schools (NOLS) and Outward Bound. Through the outdoor experience, in addition to learning outdoor skills, youth respond to physical challenges and learn to overcome obstacles through problem solving. Youth are guided through activities, which enable them to build self- esteem, self-confidence, cooperation, leadership skills, and team building. They expand their horizons beyond concrete and asphalt and to learn about themselves, nature and their environment. Each youth spends 3 days with caring adults in an environment that teaches them more effective ways of relating to others and healthier ways of valuing themselves. Each Youth Odyssey Adventure Wilderness Trip meets at 5:00 p.m. on Friday evening for transportation by Youth Odyssey's 15 -passenger van to a campsite. They return by 4:00 p.m. Sunday evening to the original meeting place. Youth Odyssey provides all equipment and supplies for each trip and gives each youth a list of suggested clothing and personal accessories that may be needed. Basic camp craft, hiking, and backpacking are taught on each trip. In addition depending on the location of the trip, kayaking, rock climbing and other activities are also taught. Youth are also introduced to the concept of environmental stewardship through "Leave No Trace" ethics. This concept teaches an acceptance of personal responsibility for maintaining the health and beauty of the natural environment. Each activity during the weekend includes reflection, evaluation and goal review to help the youth derive meaning from what they have experienced and how the experiences apply to their lives. Also, the whole team processes the entire day's activities through a refection exercise, Saturday night around the campfire. This is reported as one the youth's favorite part of the trip. In addition to life skills curriculum the youth develop strong bonds with each other and staff as they learn to step out of their comfort zone to try new activities and skills. These bonds are hardened by the fact that they all have shared experiences camping, rock climbing, kayaking, participating in Ropes Courses and so much more. Many times youth will return to our program time and time again because of the "safe and friendly" environment Youth Odyssey creates. Often times strong friendships are established and are sustained throughout the years (case in fact for many YO participants). Sequence of Development Whether on an Adventure Wilderness Trip or on a Ropes Challenge Course, our youth progress through carefully planned activities that build leadership, problem -solving skills, and trust, teamwork, self-confidence, and communication skills. Learning and development follows a sequential process and the effectiveness and mastery at one level contributes to each subsequent level. They are: o Goal Setting —is a critical component since it provides a source of measure. CYD Plan of Operation Fiscal Year2015 Page 14 of 19 (March 1, 2015 — August 31, 2015) a Awareness —activities that are designed to assist youth in feeling more comfortable in their group environment and to appreciate the relationship between peers / adults. o Trust —activities that focus on one-to-one as well as group trust. o Cooperation —activities at this level gives the youth a sense of accomplishment through cooperation. o Group Challenge — activities that are "problem -solving" in nature and experiences are related to real life. o Leadership —activities that assist youth in developing leadership skills and experience following a leader. o Application — a follow-up program at the closure of the on-site experience, through a final processing session (Reflection, evaluation, and goal review) YOUTH MENTOR/LEADERSHIP PROGRAM — ON GOING Our mentor program is designed for returning youth 8th — 121h grades. Youth Odyssey begins formal training with interested youth on the Ropes Course, Kayaking, and Camping trips. These opportunities give them more responsibility and ownership over the program. They use their experiences in YO and their personal life to mentor younger youth in our programs. As they progress and are able to demonstrate their skills, staff will begin formal training in the teambuilding activities and the processing (real life application) of those activities. The purpose of this Mentor program is to provide professional experience/development, real life application of skills learned, and further Life Skills training/application. Please note that there is always a staff member present when youth mentors are teaching/assisting with our programs. RESTORATION PROGRAM - ONGOING In addition to our normal programs we conduct a monthly restoration project in partnership with Richard Thompson (City Parks and Recreation —Tourism Department). This partnership began in January 2008 at Blucher Nature Park and continues today on a regular basis. It is very important to add that this was not the idea of Youth Odyssey Staff. Our youth and youth mentors who have enjoyed free programming for years decided that they wanted to "give back to their community. They asked if they could start a restoration project and we were ecstatic at this selfless pursuit. So every second Sunday of the month we pick the youth up and transport them to the designated park. To date they have mulched out trails, removed invasive species, planted trees /flowers, painted a footbridge, and so much more. Another noteworthy item is that Richard Thompson (past Superintendent of CC Parks and Rec Tourism Dept.) mentioned that in the past he had send his staff to go and "fix" what volunteer groups have done...."This is not so with Youth Odyssey," he says. Karen Smith of the Audubon Society is constantly praising our youth mentors about their dedication and hard work at Blucher. She and her members also educate the youth about the plant and wildlife present; and explain why invasive species need to be removed. Our youth work hard, are dedicated, and produce quality work for their community because of the Youth Odyssey programming sponsored by people like CC Parks and Recreation. This restoration project is three things: o Youth restoring and repairing the area's natural areas back to health o Youth learning about nature, its' processes and purpose o Youth selflessly aivina their time back to the community Service ='' ..- Location • : , Day Time,;, During School: 4-6pm Breaks: Throughout the day Recreational Service: Portable Team Challenge Schools / Recreation Centers/ CC Parks Mon —Thurs Recreational Service: Ropes Course OELS Ropes Course, 1-37 @ Exit 20b Cooper RD Saturday 8am —4pm Recreational Service: Adventure Wilderness Trip State Parks throughout Texas Fri - Sun, / during breaks Fri 430pm —Sun 4pm Recreational Service: Graduation Schools / Recreation Centers/ CC Parks Mon —Thurs During School: 4-6pm Breaks: Throughout the day Life Skills Classes: Portable Team Challenge Schools / Recreation Centers/ CC Parks Mon —Thurs During School: 4-6pm Breaks: Throughout the day Life Skills Classes: Ropes Course OELS Ropes Course, I-37 @ Exit 20b Cooper RD Saturday 8am-4pm Life Skills Classes: Adventure Wilderness Trip State Parks throughout Texas Fri - Sun, and during breaks Fri 430pm —Sun 4pm Life Skills Classes: Graduation Schools / Recreation Centers/ CC Parks Mon — Thurs During School: 4-6pm Breaks: Throughout the day CYD Plan of Operation Page 15 of 19 Fiscal Year 2015 (March 1, 2015 — August 31, 2015) entice Type and for Whom Served (Who targeted particrpante are) use. JD0I-.1D12 service type ►tames first ai znthvidual program lanes uz!pareatheses) Example: Academic Support (Future Kids) Recreational Life Skills When (months served per program) Youth Youth Youth Average Frequency Identify daily, weekl monthly service; amounts (t, service: does: no equal: i, hour) -; 4 sessions per month 1/2 sessions/week 1/2 sessions/week Average Intensity Total # of sessions; visits, .. or interactions per participant; 12 Sessions (frequency x duration 12 sessions 12 sessions Average Duration Identify the average, amount of time it will take a participant to..' complete the: ro. ram .: 3 months 9 weeks /year around 9 weeks /year around Staffing PlanForSubcontractors?.., 5. Describe the staffing plan, including staff supervision and support, and how adequate staffing will be ensured, in the event of vacancies or extended absences. (What staff positions will work directly on the CYD contract and which position will supervise whom and provide backup if necessary). Position title (indicate if a_:. volunteer) Executive Director Lead Prg. Facilitator Program Leader Services ; for which this position is responsible Oversight Oversight and facilitation Facilitation Position supervised by Board of Directors Executive Director Program Director Part time staff Facilitation and support Program Director / Leader Position has backup by this position: Lead Program Facilitator Program Leader Volunteers / Part time staff Board members / volunteers The Executive Director and Lead Program Facilitator supervise all staff. Weekly meetings are held to address any on-the- job issues, issues/concerns with the programs, ways to better reach the youth, and general checks on personal well-being and satisfaction with their job and performance. Training is provided on a case-by-case basis by their supervisor or another qualified entity. In the situation that a staff member has to leave without notice or short notice, the Lead Program Facilitator, Executive Director, and our volunteers are able to take over the programs and responsibilities. These volunteers are past employees and teachers; and all have professional training in the activities conducted by Youth Odyssey. The CYD program is charged for only two positions, Executive Director (23% of time) and Lead Program Facilitator (20% of time). The Executive Director's time is spent on the implementation and supervision of the CYD program. The Lead Program Facilitator's time is spent on facilitating the sessions. Volunteers are used throughout the program but this is an in-kind match. o Weekly meetings take place with all staff members. o Before leaving on a trip, all adults (staff, volunteers) get together and share information about the trip, expectations, concerns, plans, etc... so that we are all on the same page o We constantly do "check ins" with other staff members during the trip to make sure nothing has gone unnoticed or unaddressed o Likewise at the close of a trip we debrief the trip o There is always a "head" facilitator on the trip (usually the one who is running the specific program) and the other adults are there for support and guidance for the youth. o At the end of the trip head staff member checks in with their superior to let them know that everyone is back and safe o Chain of command: Executive Director — Lead Program Facilitator — Program Leader (these are the potential "heads" in charge of each group/trip) The procedure, for utilizing volunteers, is the same as when hiring Youth Odyssey staff members. CYD Plan of Operation Page 16 of 19 Fiscal Year 2015 (March 1, 2015 — August 31, 2015) o A thorough background check nationally is conducted o Must be trained in CPR / First Aid at minimum and keep the certifications current o Demonstrate their ability to relate and care for youth o Demonstrate group control and behavior management The minimum age requirement for an Adult Volunteer is 18 years old. Although there are no maximum age requirements for adult volunteers, selection will be based on the ability of the volunteer to perform certain skills. Some rigorous physical activities such as hiking five to ten miles a day carrying a 50 -Ib backpack is required on some trips. Past experience in the outdoors is imperative to the selection of the volunteer for the Extreme Outdoor Activities. Evidence of fitness and a release from a health care practitioner if a health condition is present is mandatory. All staff and volunteers will undergo background checks prior to working with youth and in accordance with DFPS regulations. The Staff Policy and Procedure Manual for Youth Odyssey are 65 pages. Copies are available upon request. Youth Odyssey provides training when needed or requested by the volunteer. All volunteers are updated on the Emergency action plan and familiarity with the area around the activity site. All volunteers will be paired with a minimum of one full time staff member of Youth Odyssey. Volunteers are allowed to come to any portion of the program but their track record is that they only attend the camping trips and not the two-hour or ropes course sessions. Their tasks are simply: a Being another set of eyes to watch out for the youth and their surroundings -safety o Listen to the youth when they need to talk o Help out with camping craft and whatever else is needed. o When trained, help with outdoor activities All staff are required: o To hold current Emergency Medical Technician — Basic certification or a Wilderness First Responder certification o Ropes Course facilitator experience and/or certification o Kayak and Tope Rope experience and/or certifications o Practical experience working with youth in a camp/program setting o Masters or Bachelors in psychology, social work, kinesiology, wilderness therapy, environmental education, or similar field o Minimum of 5 years leading backcountry trips o Clean driving record o Demonstrated mastery in leading youth through curriculum, safety rules, etc... o Good track record with youth, parents, other agency staff members, found effective and approachable Staff to youth ratios Portable Team Challenges (at youth agency w/ their staff nearby ) Ropes Courses/ Kayaking Adventure Wilderness Trips (volunteers often join us, which will raise ratio) Graduation (at youth agency with staff nearby) 1:15 maximum 2:12 minimum 2:12 minimum 1:15 maximum CYD Plan of Operation Fiscal Year 2015 Page 17 of 19 (March 1, 2015 — August 31, 2015) Attachment II Community Collaborative Committee (CCC) Roster & Review Committee Name (Last, First) Role on CCC (resident, youth, service provider, business, agency, etc) Agency represented (fiscal agent name, YAC, subcontractor name, etc) Phone Email Review Committee Member (Yes/No) Rivera, Sandra Resident Texas Lottery Commision 361-853-4793 sandyr518@yahoo.com Yes Barrera, Belinda Community Corpus Christi Independent School District 361-633-5489 bbpf76@aol.com Yes Giegerich, Jean Community The Place of Houses 361-960-1438 jmq@theplaceofhouses.co Yes m Romero, Rosa Resident Mike's Custom Upholstery 361-553-5690 rosaliux@hotmail.com Yes Jaime Solis Resident H&V Equipment Services 361-249-7883 Hrtles2@gmail.com Awaiting approval Beverly Cage Community Del Mar College 361-658-7226 bacage@delmar.edu Awaiting approval CYD Plan of Operation Fiscal Year 2015 Page 18 of 19 (March 1, 2015 — August 31, 2015) Tips for Completing the Plan of Operation 1. DUPLICATION — When youth participate in multiple CYD services they can only be counted once by the fiscal agent during the fiscal year for the fiscal agent's performance measures. Therefore, fiscal agents must take into account the estimated number of youth who will participate in multiple CYD services when negotiating output targets with service providers to ensure that the fiscal agent will meet its contracted annual output. Duplication between service providers may be assessed using historical data from the PEIS database. At the Service Provider level, the unduplicated youth to be served annually should count each CYD youth participant served by the provider once during the inclusive dates of service for its CYD program. 2. AVERAGE MONTHLY — In order for costs to be reasonable, service providers should be serving close to the maximum number of participants they are able to (full capacity) based on the funding provided for the CYD program and should include, but not be limited to factors such as the number of staff and service locations. As some dropout is expected, the number of participants served each month may be slightly less than the full capacity at which the service provider is capable of operating. A reasonable dropout rate may be accounted for when assessing the number of participants to be served each month. For Service Providers the average number of youth to be served monthly equals the sum of the number of youth to be served each month during the inclusive dates of service divided by the number of months in the service period. For the Fiscal Agent, the average number of youth to be served monthly will be the sum of youth served by each service provider each month minus duplicated youth, which is then divided by 12. Ideally, the operating capacity of a service provider should determine the average monthly and annual outputs. Fiscal agents are responsible for negotiating contracts with service providers that will ensure that the fiscal agent's contracted performance targets are met. 3. FREQUENCY, INTENSITY AND DURATION - The PEIS Services Provided Report may be used to track whether or not participants have received the average frequency and intensity of services within the specified duration as outlined by the service provider. Be sure to list programs separately if the frequency, intensity or duration is different during the school year and the summer. If your service lasts for a short period of time (3 months), please indicate how many cycles will be provided during the inclusive dates of service (e.g. 3 month cycle, 4 times a year). Do you run multiple cycles concurrently or consecutively? 4. BACKGROUND CHECKS — Remember all staff and volunteers working on the contract with access to clients or client data must be entered into the ABCS system and cleared with a DPS Criminal Background Check and a DFPS Child Abuse Registry check through. An FBI fingerprinting background check will also be needed if they have lived outside the State of Texas in the last 5 years. You can find information about fingerprinting services through the Texas Department of Public Safety Website (http://www.txdps.state.tx.us/administration/crime records/paces/applicantfingerprintservices.htm) and locations at http://www.11enrollment.comllocations/?st=tx 5. SUBCONTRACTOR MONITORING - Keep in mind that the role of the fiscal agent includes the responsibility for monitoring subcontractors. Consider all methods available for monitoring outputs for subcontractors. The PEIS Database is available and has reports that may be useful. Please consider corrective action steps to be taken when performance measures and other requirements are not being met. 6. AGE RESTRICTIONS - Keep in mind the age eligibility as per the RFP p. 16. Keep in mind the three mandatory service types (Youth Advisory Committee (YAC), Youth Leadership Development (YLD) and mentoring) and the specific age requirements for those service types (middle and high school for YAC and YLD and mentoring 90% 4`h -8th grades.) 7. TRANSPORTATION - If your "safe passage" plan for youth/families without transportation includes driving youth, please consider including agency policy on parental consent and safety measures such as car insurance, seat belts, drivers licenses, and/or driving records, etc. 8. RACE AND ETHNICITY - All Races/Ethnicities must be served unless a program or curriculum is designed specifically for a particular race/ethnic group. If a specific race/ethnicity is to be targeted, then a description of how other races/ethnicities will be served is required. 9. REQUIRED SERVICE TYPES — Mentoring, Youth Advisory Committee, Youth Leadership Development and Parental Involvement are the four required service types and are separated out for greater detail. If these service types are being offered as part of a larger program, then the rest of the program needs to be detailed in Section 6 -- Fiscal Agent Program(s) or Section 7 — Subcontracted Programs as applicable. CYD Plan of Operation Fiscal Year 2015 Page 19 of 19 (March 1, 2015 — August 31, 2015) COMMJSSIONER John J. Specia, Jr. May 21,2015 EXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Stacie Talbert Anaya, Interim Director of Parks & Recreation City of Corpus Christi 606 N. Carancahua, Suite 105 Corpus Christi, Texas 78401 RE: Fiscal Year 2015/2016 Contract Execution Contract #: 24186672 Dear Ms. Talbert Anaya: Enclosed is the fully executed Fiscal Year 2015 contract between the City of Corpus Christi and the Texas Department of Family and Protective Services (DFPS) to provide services for the Community Youth Development (CYD) program. Thank you for your cooperation during the process of finalizing Fiscal Year 2015/2016 contract. I am looking forward to working with you this year! If you have any questions or concerns, please contact me by phone at 512-438-4309 or via email at carol.gordon@dfps.state.tx.us. Carol Gordon Contract Manager Division of Prevention and Early Intervention Enclosure: Form 2282, Boilerplate Contract FY15 & FY16 Performance Measures FY15 & FY16 Form 2030 & Budget Narrative Plan of Operations Cc: Peggie Laser 701 W. 51ST STREET. s P.O. Box 149030, MC E-541 ♦ AUSTIN, TEXAS 78751 ♦ (512) 438-5953 Texas Dept. of Family and Protective Services Budget for Purchase of Service Contracts Summary click Dere for instnietions Contractor Contract No. 24186672 Contract Period ptember 1, 2015 - August 31, 2016 City of Corpus Christi Cost Category A Grand Total B Reimbursable C Other (Match) (1A) Personnel - Salaries 78869.89 78869.89 0 (1B) Personnel - Fringe Benefits 22030.8 22030.8 0 Subtotal 100900.69 100900.69 0 (2) Travel 2155.28 2155.28 0 (3) Materials, Supplies, and Controlled Assets 3675 3675 0 (4) Equipment (Rent/Lease/Purchase) 960 960 0 Subtotal 6790.28 6790.28 0 (5) Other Costs (list below) 289074.47 289074.47 0 Subtotal 289074.47 289074.47 0 Foster or Day Care Total (per DFPS unit rate below) Total Direct Costs Total Indirect Costs (if applicable) Grand Total 396765.44 396765.44 0 Unit Rate Contracts Amounts (a) Projected service units (days, etc.) x (b) Cost per unit of service (i.e., unit rates) x (c) Projected clients to be served 1376 Foster or Day Care Total 1376 Certified by: At 9)y - Name: Name: Stacie Talbert Anaya Title: Interim Director of Parks and Recreation Date: 111.61 Jr Page 1 Form 2030 July 2011 0 COo 0 0 N N O U.. Budget for Purchase of Service Contracts City of Corpus Christi Contractor (IA) Personnel - Salaries N ti CD co Contract No. Contract Period September 1, 2015 - August 31, 2016 G Other {Match) • o F Reimbursable Ih O_ Cn CO 40544.04 9327 2039.83 4161.26 in h co N 0) 0 on [A 0 0 CO O m U Ili Fx CO x Q CT) Oo) 0n C) 40544.04 -CV CON o N (rD 0 4:r 19287.45 01 0 0 co coh D # Months of Service r N r N 0) Total Salaries' C %Time (on contract) O O N LO N0 O 1001 B Avg. Monthly Salary C O 0 C) 3685.82 3109 2039.83 Cr) CD O co O N 0 O c N 03 i' Q 0) Yi O C 0 y 0 a ICYD Program Manager CYD Program Manager Accountant CYD Adminstrative Assistant CYD Adminstrative Assistant CYD Adminstrative Assistant *For monitoring purposes timesheets and payroll data must be kept on file. **Costs not allowable if already being paid by other sources. Texas Dept. of Family and Protective Services Budget for Purchase of Service Contracts (1B) Personnel - Fringe Benefits Form 2030 July 20111 Iontractor City of C Contract No. Contract Period 1, 2015 - Au Type of Fringe Benefits A Total B Reimbursable TMRS Retirement (Program Manager) 14.84% x PM $40,544.04 + 3,501.31= $44,054.35= 86,537.66 $6,537.66 TMRS Retirement (Administrative Assistant) 14.84%x AA $2,039.83 + $4,161.26+ $19,287.45= 83,782.50 83,782.50 FICA (PM Salary $44,054.35 + AA Salary $25.488.54= $69,542.89 x 7.65%) 85,310.64 $5,310.64 Workers Compensation ($40 x 26 x 2) $2,080.00 $2,080.00 Health Insurance( PM) ($360 x 12 x 1 personnel) 84,320.00 84,320.00 Total Fringe Benefits 22030.8 22030.8 *For monitoring purposes payroll data must be kept on file. "Costs not allowable if already being paid by other sources. Page 3 Texas Dept. of Family and Protective Services Budget for Purchase of Service Contracts (2) Travel Form 2030 July 2011 Contractor City of Corpus Christi Contract No. 24186672 Contract Period amber 1, 2015 - August 31, 2016 Type of Travel Expense (mileage)food/lodging etc.) A Total B Reimbursable C Other (Match) Local Mileage (30 miles x .56 x 12 months) 201.6 201.6 TNOYS Prevention R Ealy Intervention Conference Hole] (S 126 x 3 nts x 2 rooms) 756 756 Hotel Taxes (S 17.75 x 3 ntsx 2 toms) 130.38 130.38 Per Diem (2 staff x 2 days x S36) 144 144 Mileage for Conference (432 miles x .56) 241.92 241.92 CYD Provider Meeting Hotel (5126 x 2 rooms x 1 nts) 252 252 Hotel Taxes (517.75 x 2 rooms x 1 nts) 43.46 43.46 Per Diem (2 x 4 x 536) 144 144 Mileage for Conference (432 tniles x .56) 241.92 241.92 Total Travel 2155.28 2155.28 0 "For monitoring purposes, receipts and other detailed records must be kept on file. ""Costs not allowable if already being paid by other sources. Page 4 Texas Dept. of Family and Protective Services Budget for Purchase of Service Contracts (3) Materials, Supplies, and Controlled Assets Form 2030 July 2011 Contractor City of Corpus Christi Contract No. 24186672 Contract Period amber 1, 2015 - August 31, 2016 Materials and Supplies (description) A Total B Reimbursable C Other (Match) Routine Office Supplies 1440 1440 Community Awareness Supplies 2055 2055 Food/Snacks (youth) 180 180 Total Materials and Supplies 3675 3675 0 *For monitoring purposes, receipts and other detailed records must be kept on file. **Costs not allowable if already being paid by other sources. Page 5 Texas Dept. of Family and Protective Services Budget for Purchase of Service Contracts (4) Equipment Contractor Contract No. Contract Period Form 2030 July 2011 City of Corpus Christi 24186672 September 1, 2015 - August 31, 2016 Equipment (description and basis of cost) Method Used (rent/lease/buy) A Total B Reimbursable C Other (Match) CYD Program Manager - laptop computer on docking station & monitor $45 month x 12 = $540 lease 540 540 CYD Administrative Assistant - desktop computer & monitor $35 month x 12 = $420 lease 420 420 Total Equipment 960 960 0 *For monitoring purposes, receipts and other detailed records must be kept on file. ""AlI equipment must be tagged and numbered. **Costs not allowable if already being paid by other sources. Page 6 Texas Dept. of Family and Protective Services Budget for Purchase of Service Contracts (5) Other Costs Form 2030 July 2011 Contractor City of Corpus Christi Contract No. 24186672 Contract Period Ser 1, 2015 - August 31, 2016 Other Costs (description and basis of cost) A Total B Reimbursable C Other (Match) Postage/Delivery 201.59 201.59 Copying/Printing Costs 371.88 371.88 Recruitment Costs 840 840 Leadership Recognition Event 1500 1500 Community Needs Assessment 815 815 Registration Fees (TNOYS ) 600 600 Lease/Rental Expenses 3840 3840 Cultural Competency Training 150 150 SiJBCONTRACTOS Youth Odyssey 35928 35928 SERCO of Texas 108526 108526 Boys & Gilrls Club 53596 53596 Communities in Schools 82706 82706 Total Other Costs 289074.47 289074.47 0 *For monitoring purposes, receipts and other detailed records must be kept on file. **Costs not allowable if already being paid by other sources. Page 7 City of Corpus Christi FY16 Budget Narrative — revised 3/27/15 RFP No. 530-15-0004 78415 Community Youth Development Program FY 16 BUDGET NARRATIVE RFP No. 530-15-0004 The City of Corpus Christi (City) will serve as the fiscal agent for the Community Youth Development (CYD) Program. The City will provide fiscal services necessary to ensure State funds are properly utilized to deliver the services reflected in this proposal. The City will also ensure subcontracts for the delivery of services is executed by all service delivery agencies. During the program period, the City will monitor each subcontractor to ensure services are being delivered in accordance with State guidelines and as specified in the subcontract for services. Personnel — Salaries $ 78,747.18 Positions are salary -based with the exception of the Administrative Assistant which is paid on an hourly -base. The Program Manager and the Administrative Assistant are charged for 100% of their time, the Accountant is charged for time spent working on the CYD program. Timesheets are prepared each month by the persons in the three positions and their hours worked on CYD business is verified by the Program Manager. The Fiscal Agent is reimbursed by DFPS for only those hours worked on CYD. FA Non -Service Operational Salaries: $78,869.89 CYD Program Manager — Salary $44,054.33 A full-time (40 hours a week) CYD position responsible for preparing correspondence, plans, contracts, agreements, budgets, and monitoring reports all related to CYD. Monitors subcontractor and fiscal agent budgets and expenditures and ensures contract compliance. Conducts annual subcontractor formal monitoring and quarterly site visits. Collects and analyzes data to monitor contract compliance. Works with subcontractors on resolving problems and answering questions. Oversees the management of database on CYD participants. Reviews monthly subcontractor billings and reports for payment processing. Performs Community Outreach by creating collaborative relationships. Maintains inventory of all capital purchases by subcontractors and maintains an inventory list. In addition, this position also assists in CYD data entry as needed. 40 hours per week spent on CYD. An across the board pay raise of 2% to all City of Corpus Christi employees is scheduled to begin on October 1, 2015 and 3 % salary step increase on employee anniversary date. $3,510.31 mo. x 100% x 1 mo. = $3,510.31 $3,685.82 mo. X 100% x 11 mos = $40,544.04 Accountant -- Salary $9,327.00 Full-time (40 hours a week) position responsible for processing payment requests to vendors and subcontractors. Records and reports expenditures and processes time reimbursement for Fiscal Agent. 9-10 hours per week spent on CYD. $3,109 mo. x 25% x 12 mos. = $ 9,327.00 1 City of Corpus Christi FYI6 Budget Narrative — revised 3/27/15 RFP No. 530-15-0004 Administrative Assistant — Salary $25,488.54 A full-time (40 hours a week) CYD position reimbursed 100%, responsible for all data entry into the PETS data system and assisting the CYD Program Manager. Also responsible for maintaining files, assisting with community events and some correspondence with providers (40 hours per week spent on CYD). An across the board pay raise of 2% to all City of Corpus Christi employees is scheduled to begin on October 1, 2015 and a 3% salary step increase on employee anniversary date. $2,039.83 x 100% x 1 mo. = $ 2,039.83 $2080.63 x 100% x 2 mos = $ 4,161.26 $2143.05 x 100% X 9 mos = $19,287.45 Personnel — Fringe Benefits $22,030.80 FA Non -Service Operational Fringe Benefits: $22,030.80 TMRS (retirement) Percentage on (1) full-time salary for CYD Program Manager ($40,554.04 + $3,501.31= $44,054.35 For 12 months (Sept -Aug) - 14.84% x ($40,554.04 + $3,501.34) = $6,537.66. TMRS (retirement) Percentage on (1) full-time salary for CYD Administrative Assistant ($2,039 + 4,161.26 + 19,287.45 = $25,488.54 For 12 months (Sept -Aug) - 14.84% x ($2,039 + 4,161.26 + 19,287.45) = $3,782.50. FICA Percentage of tax on the (2) full-time salaries, CYD Program Manager Salary $44,054.33 + CYD Administrative Assistant Salary $25488.54 = $69,542.89 x 7.65% = $5,310.64. Worker's Compensation (Program Manager and Administrative Assistant) $40 x 26 x 2= $2,080.00 Health Insurance (Program Manager only and Administrative Assistant does not participate in the City's health insurance program) $360 x 12 mo. x 1 personnel = $4,320.00 Fringe Benefits will be charged at 100% to the State for the two full-time positions. Fringe Benefits for the Accountant are being paid by the City of Corpus Christi and not being charged to the State. Personnel -- Travel $2,155.28 2 City of Corpus Christi FY16 Budget Narrative — revised 3/27/15 RFP No. 530-15-0004 FA Non -Service Operational Travel: $2,155.28 Local mileage — Local travel by CYD Program Manager and/or Administrative Assistant at a rate of $0.56/mile, estimated miles for year to travel to subcontractor sites to coordinate and monitor programs. Basis is derived from historical usage from previous years. In the event there is a mileage rate increase, we will reimburse at a level no higher than the standard federal level. Approximately 30 miles / month x .56 cents per mile x 12 months = $201.60 Out-of-town travel: Funds are allocated to cover expenses for the DFPS Provider Meeting and the Partners In Prevention Conference held in Round Rock, Texas for the CYD Program Manager and the Administrative Assistant. We are also requesting to attend the Texas Network of Youth Services Annual Prevention and Early Intervention Conference held in Austin, Texas. We will request for reimbursement at this rate, but in the event of an increase, we will request at a level no higher than the standard DFPS rate. Trip 1 — TNOYS Annual Prevention & Early Intervention Conference Hotel rooms for (CYD Program Manager and Administrative Assistant) 2 staff members (2 rooms) x 3 nights x $126.00 night = $756.00 $126 X Hotel Tax (17.25%) = $21.73: 2 rooms x 3 nights x $22.36= $130.38 Per Diem: 2 staff x 2 days x $36/day = $144.00 Transportation (car): 1 vehicle x 432/miles (Austin roundtrip) x .56 = $241,92 Total Trip - $1,272.30 Trip 2 — CYD Provider Meeting - Total Trip $681,38 Hotel rooms for (CYD Program Manager and Administrative Assistant) 2 staff members (2 rooms) x 1 night x $126.00 night = $252,00 $126 X Hotel Tax ($17.25%) = $21.73: 2 rooms x 1 night = $43.46 Per Diem: 2 staff x 2 days x $36/day = $144.00 Transportation (car): 1 vehicle x 432/miles Austin x .56 = $241.92 Materials and Supplies $3,675.00 FA Non -Service Operational Material and Supplies: $3,675.00 Routine office supplies — $1,440.00 Office supplies to be utilized by the CYD Program Manager and Administrative Assistant in overseeing all projects under the Community Youth Development Program. Office supplies including but not limited to paper, pens, pencils, note pads, folders, printer cartridges, binders, computer hardware and software, craft supplies, camera, items for CYD meetings, subcontractor trainings, pre-bid conferences, publications, and correspondence. Approximately $120 per mo. x 12 mos. = $1,440.00. This figure is based on historical usage from previous years. 3 City of Corpus Christi FY16 Budget Narrative -- revised 3/27/15 REP No. 530-15-0004 Community Awareness Supplies — $2,055.00 Community Awareness for the CYD program will be done throughout the 78415 area including attendance at community events and school functions. At these events, we will be distributing small items to spread the CYD message and to recruit youth for the CYD programs. Items to be purchased will include the CYD logo and phone number and will include such items not limited to pens, pencils, lanyards and notebooks to be distributed to participants at events. This also includes supplies to conduct community meetings and attend school events at the three high schools, three middle schools and seven elementaries. These items include but are not limited to decorations, banners, activity supplies etc. for community events. This figure is based on historical usage from previous years. Community Awareness Items (High School) — 1,000 items © $1.08 ea = $1,080.00 Community Awareness Items (Elementary) —1,500 items @ .65 ea = 975.00 Food/snacks (for Youth) — $180.00 Costs associated with the purchase of food, drinks and/or snacks for youth that attend the CYD Collaborative Committee meetings. Youth attendance to each monthly meeting averages about 7- 10 youth. We invite a number of YAC students to attend the meetings and get a feel for the Collaborative Committee and to voice their opinion on programs. In addition, the CYD Program Manager with assistance from YAC youth, will visit each of the 78415 schools to raise awareness of the program by participating in the school's festivals. Food for CYD Youth at CCC Meetings & Summit meetings 4 meetings at $45 each (approx. 15 kids each) - $180.00 Rental, Lease or Purchase of Equipment - $960.00 FA Non -Service Rental, Lease or Purchase of Equipment: $960.00 Each of the CYD staff computers have expired warranties. The City implemented a computer leasing policy to keep computers current to meet specifications and current. CYD will have to replace the existing computers by converting to leased computers. Program Manager: Laptop computer on docking station & monitor: $45 month x 12 = $540 Admin. Assistant: Desktop computer & monitor - $35 month x 12 = $ 420 Other Costs $289,074.47 FA Non -Service Operational Other Costs: $8,318A71 Postage, delivery charges — $201.59 4 City of Corpus Christi FY16 Budget Narrative — revised 3/27/15 RFP No. 530-15-0004 Costs associated with mailings and deliveries of CYD documents. Fiscal agent is charged per piece, not cost allocation. The estimate of $0.48 per piece is an average cost which includes processing the outgoing mail plus postage. 35 pieces x 12 x $0.48/piece = $201.59. Copying/printing charges — $371.88 Cost for copying documents for CYD meetings, copies to subcontractors and DFPS. Based on prior year's volumes. Fiscal agent is charged per copy at .07 each, not by cost allocation. The estimate of $0.07 per copy includes the City of Corpus Christi lease agreement and the maintenance contract. Copies made - 157 copies/mo. x $0.07 x 12 mos. = $131.88. Specialty outside print jobs (i.e. display boards, banners, postcards and/or posters for distribution) estimated at $40 x 6 months = $240. Recruitment Costs — $840.00 Costs associated with recruiting for the CYD program throughout the year including extra pushes for summer programs. This includes visiting school events that are held in the fall at the 78415 schools and end of year events. This will give the CYD Program Manager the opportunity to visit with each school, meet teachers and parents at the schools and engage the youth through activities while learning about CYD programs. This will also give us the opportunity to showcase programs, perform surveys, increase recruitment and also promote awareness of the CCC. These events will involve the CYD Collaborative Committee, providers and YAC. In order to increase awareness at the events, for larger events we will create more of a presence with larger booths and activities for YAC youth to interact with while discussing the program. Costs associated with these events include but are not limited to t -shirts for working youth, staff and volunteers, booth costs, decorations, and supplies. Booth Costs (1 x $125, 5 x $50) $ 375.00 Booth supplies (6 x $77.50) $ 465.00 Total Cost $ 840.00 Leadership Recognition Event - $1500.00 Towards the end of the year, we will collaborate with providers to provide a Leadership Recognition event for CYD Youth. This event will invite CYD youth to receive recognition for the jobs/community service that they provided throughout the year while being recognized within their community. Costs will include but not limited to a Speaker, projector and sound system including microphone rental, award certificates and recognition token, and decorations. Cost is based on historical data. Recognition Event Site Rental $ 300.00 Presentation Services (system rental & decor) $ 350.00 Certificates $ 150.00 Leadership Recognition catering + labor $ 700.00 (50+ youth in attendance) Total cost for Leadership Recognition Event $ 1500.00 Community Needs Assessment — $815.00 The Community Needs Assessment will require special meetings with the YAC and CCC. A youth survey will be distributed to YAC peers in the 78415 zip code. Incentive to complete the form for the youth will include a small item either a CYD wristband, CYD ID tag or similar item in cost. In 5 City of Corpus Christi FY16 Budget Narrative — revised 3/27/15 RFP No. 530-15-0004 the past, these items have helped to bring in more surveys and have offered more incentive to the YAC students to approach their friends and peers. Also, in order to bring about competition amongst the youth, the CYD youth who represent the school with the most surveys returned receive a prize, such as an educational field trip. In addition, the CYD Program Manager will enlist assistance from the Dr. Philip W. Rhoades at Texas A&M University -Corpus Christi for compilation of data for a more comprehensive Community Needs Assessment, approx cost $250 based on historical costs. Basis on cost derives from historical data from previous years and does not have a formula readily available. Survey Incentives 600 x $.60 - $ 360.00 Recognition event for school - $ 225.00 Data compilation $ 230.00 $ 815.00 Registration Fee — $600.00 Registration Fee for 2 staff for TNOYS conference $300/staff x 2 staff = $600.00 Cultural Competency Training - $150.00 As a grant contract, everyone must be trained in Cultural Competency. We will enlist the assistance of a speaker in order to fulfill this portion of the contract. We estimate the cost at $150.00 based on historical data. Speaker (3 hours of cultural competency training) = $150.00 Lease / Rental: Expenses - $3,840.00 The CYD Program Manager's Office is now located at a City of Corpus Christi's, "Parks and Recreation" rental office area located at 606 Carancahua, Ste 105 Corpus Christi, Texas. The space that utilized for CYD business is 320 square footage (CYD Program Manager --- 120 sq ft, CYD Administrative Assistant --- 110 sq. ft, CYD Storage — 90 sq ft). The monthly lease amount paid to Wilson Plaza Associates L.P. is $4,802. The monthly rental fee paid to the City of Corpus Christi for housing the CYD office at 606 N. Carancahua, Ste 105 is $320. This amount includes utilities and electricity. Lease / Rental Expense Breakdown: CYD Office Square Footage: 320 Total Square Footage for the building: 4,802 Monthly Rental for the building: $4,802.00 4,802' / $4,802 = $1.00 per square foot 320' x $1.00 = $320 per month x 12 months = $3,840 Total Subcontractor Services: $280,756.00 Youth Odyssey SERCO of Texas $35,928 $108,526 6 City of Corpus Christi FYI6 Budget Narrative — revised 3/27/15 RFP No. 530-15-0004 Communities In Schools $53,596 Boys & Girls Club of CC $82,706 Total Subcontract Service Dollars: $ 280,756 TOTAL AMOUNT OF CYD CONTRACT: Community Youth Development Program FY 2016 Plan of Operation Contractor Name: Corpus Christi Parks & Recreation 1- SUMMARY PAGE Contract Number: 24/186672 78415 County: Nueces Contract Amount: $396,765.44 CYD Program. Coordinator:; Contact Information Name: Matthew Delgado Address ( Title: CYD Program Manager nclude City and ZIP): 615 Leopard Ste. E-mail: Phone Number: MatthewDe@cctexas.com 05 Corpus Christi, TX 7840 361-826-4028 Program Outputs Output #1: Number of unduplicated youth served: Output #2: Number of unduplicated youth served: Monthly (average)*: 400 Annually**: 800 Identify the ***Cost Per Youth Client: $495.96 Duplication Percent****15% NOTE 'Monthly Average each youth or adult receiving services within•a month is counted once, during each mon Annuah each oath or adult'receivin services, vithin the contract period (the frscal year) is counted once for the trscal :a en `*Cost per Youth Client Total program ending amountl annual contracted output for youth (Output #2) "©upIicattort percent is the total number of youth served by more than one serv4ce provider mctudrng the fiscal agent dlvrded by the fiscal ageri ;annual target.. 1. Will the fiscal agent provide services? ❑ Yes, go to question number 2. 2. Check the services to be provided by the fiscal agent: 0 Youth -Based Curriculum Activity - 01 ❑ Family -Based Curriculum Activity - 02 ❑ Parent/Caregiver-Based Curriculum Activity - 03 ❑ Family Focused Service - 05 ❑ Recreational Services - 07 No, skip to question number 4. ❑ Academic Support Services - 08 ❑ Life Skills Classes - 09 0 Mentoring - 10 ❑ Youth Leadership Development -11 0 Youth Advisory Committee -12 3. Funding amount for services provided directly by fiscal agent: $ 4. Identify the organizations providing the required CYD services (if not provided by the fiscal agent): Required CYD Service: Name(s) of Organization(s) Mentoring Services SERCO of Texas Youth Leadership Development Services SERCO of Texas Youth Advisory Committee SERCO of Texas Parental Involvement Communities in Schools 5. Provide the following information for all subcontractors providing CYD services (separate summer only services): Name of subcontracted service provider Funding Amount 1. Boys & Girls Club of Corpus Christi 2. Communities in Schools or the Coastal Bend 3. SERCO of Texas 4. Youth Odyssey, Inc. Total $ 53,596 $ 82,706 $ 108,526 $ 35,928 $ 280,756 Unduplicated Youth To Be Served 190 170 400 45 805 CYD Plan of Operation Fiscal Year 2016 Page 1 of 18 (September 1, 2015 — August 31, 2016) 2 — PERFORMANCE BASE CONTRACTS A. Monitoring 1. Provide a preliminary schedule for formal on-site monitoring of subcontracts during the March 1, 2015 — August 31, 2015 contract period and attach copies of monitoring tools (IF NOT INCLUDED IN INITIAL PROPOSAL, utilized to review subcontracted service providers including fiscal, programmatic and administrative information and label as Attachment I -Monitoring Tools. NOTE:.Ail subcontracted service providers should be monitored at least once within the first six months of their contract with the CYD fiscal agent in all three areas Preliminary Monitoring Schedule: Schedule for FY15 Month Subcontract Type of Monitoring* Month Subcontract Type of Monitoring* September Boys & Girls Club Programmatic/Administrative March Boys & Girls Club Fiscal October Communities in Schools Programmatic/Administrative April Communities in Schools Fiscal November SERCO Programmatic/Administrative May SERCO Fiscal December Youth Odyssey Programmatic/Administrative June Youth Odyssey Fiscal January July February August * Type of Monitoring: Fiscal, Programmatic and/or Administrative B. Community Collaborative Committee (CCC) 1. Complete the attached roster of Community Collaborative Committee Members found on Attachment II -CCC Roster & Review Committee. Indicate on the roster which members also serve on the Review Committee. 3 — MENTORING PROGRAM(S), rnentorrng service tM entorrng section musf be completed for each sernce provider'(bath Frscal Agent ub and scontractors) provrding th Program: Outputs _ Output #1: Number of unduplicated youth served: Monthly (average)*: 20 Output #2: Number of unduplicated youth served: Annually**: 200 1. Is this Mentoring Program a stand-alone program or component of a larger program? ❑ Stand-alone ® Component of a larger program (Name of the larger program SERCO) 2. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Caring adults other than parent O Strong bond between children and parents ❑ Emotional support and absence of severe criticism ❑ High parental expectations Clear rules and expectations ® Involvement with school/community ® Friendship network ® Positive perception of self and others ® Places high values on helping others Sense of purpose CYD Plan of Operation Fiscal Year 2016 Page 2 of 18 (September 1, 2015 —August 31, 2016) Program Description 3. Describe the mentoring services to be provided in detail, and the mentoring guidelines, if applicable. (Who, What, When, Where, and How). Provide page(s) of where this information is provided in your proposal. A group mentor program will be Implemented at the elementary school campus to provide students with positive support, counsel, and friendship. Students will alternate meeting during breakfast or lunch once a month to hear presentations from guest speakers from various career fields; to learn life skills; and, to participate in educational field trips. Career Mentoring --A Career Club will be implemented on the middle and high school campuses to provide students with guidance to make career decisions and promote long term goals such as college exploration and career exploration. These Career Clubs have been a very successful component of the SERCO CYD Program. Students will have the opportunity to learn about various career fields through guest speakers and field trips as well as attending College Career Fairs and Industry Fairs such as the Del Mar Health Careers Fair and the Driscoll Children's Hospital Career Fair students have attended in past years. Students enjoyed numerous field trips throughout the year such as campus tours at Texas State University in San Marcos, Texas A&M University Corpus Christi and Del Mar College; Girls in Engineering Day at University of Texas in Austin; Explore UT; a visit to the Alamo and the Witte Museum in San Antonio to name a few. Guest speakers will be scheduled bi-weekly so that all the career clusters can be covered over the school year. The high school students will also be offered the opportunity to participate in workshops for resume writing, interviewing techniques, appropriate interview attire, etc. The YAC will plan a Career Day inviting various employers to conduct mock interviews with the students while providing feedback for improvement of interviewing skills. In addition, speakers from various fields of interest will be recruited to present information to students on a bi-weekly basis as part of a lunch "career club" during the three scheduled lunch shifts. High school students will be offered the opportunity to participate in National Groundhog Job Shadow Day where they will be placed at a worksite in a career field of interest. 4. Identify the frequency, intensity and duration of services for clients: rise JDOI=;1DI2 service type names first aful: individual program names in parentheses) 'Average Frequency identify daily, weekly, monthly service amounts service.: does not equal 1 hour) Average Intensity Total # of sessions, visits, or interactions per participant Example: Mentoring (Rites of Passage) Mentoring (Group/Career Mentoring) Youth Youth 4 sessions per month 12 Sessions (frequency x duration 1-2 sessions per month 9-18 sessions Average Duration Identify the • average amount of time it will take a • participant to complete -' the;;:. . ro. ram 3 months 9 months 5. What is the mentor to youth ratio: 1 to 4 6. indicate who will serve as mentors and what recruitment/retention efforts and training will be provided. SERCO has established Personnel Policies and Procedures for recruiting and screening (including criminal background checks) of staff and volunteers. SERCO's Standard Operating Procedures related to staff development and staff oversight/supervision conforms to City of Corpus Christi requirements and the contracted program activities. Criminal background checks have been and will continue to be completed for staff and volunteer mentors once the mentor application has been processed. All information will be kept in a secure location and available for review as needed. SERCO staff will meet one on one with each volunteer to ensure that they bring added value to the program and that they possess the interpersonal skills necessary to work with youth. Campus teachers will provide tutorial opportunities to CYD youth to improve grades or STAAR scores later in the year. Presenters from various industries in the community will be recruited for one time presentations to students on designated campuses and for Career Days planned. Mentors to be recruited for the group mentoring program at the elementary school campus will be scheduled monthly on those campuses and will also receive support and guidance by program staff each month to ensure that program policies are being adhered to. Volunteers who will serve as career presenters will serve in this capacity on a one time only basis and always with campus staff and/or the Program Manager/Liaison in attendance NOTE: All volunteers and mentors must be cleared with a DPS Criminal Background Check and a DFPS Child Abuse system. Registry check through the`ABCS CYD Plan of Operation Fiscal Year 2016 Page 3 of 18 (September 1, 2015 — August 31, 2016) 7. Identify the target population to be served: 8. Identify the program model or curriculum (if applicable) to be implemented, to include the developer of the program: 4'- YOUTH ADVISORY COMMITTEE PROGRAM Service Provider information Organization Name: City of Corpus Christi Total Program Funding Amount: $ 108,526 Program Name: SERCO of Texas Contract Period: From: 09/01/2015 To: 08/31/2016 (Inclusive Dates of Service): Same as contract period Yes: ® No: ❑ If not, From: To: All addresses (locations) where services will be provided, (please use full address): 1. Mary Carroll High School 5301 Weber Rd, Corpus Christi, TX 78411 1. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms ® Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Caring adults other than parent ❑ Strong bond between children and parents ❑ Emotional support and absence of severe criticism ❑ High parental expectations ® Clear rules and expectations ® Involvement with school/community ® Friendship network ® Positive perception of self and others ® Places high values on helping others ® Sense of purpose Program Description 2. Describe the services to be provided in detail. Provide page(s) of where this information is provided in your proposal. (Who, What, When, Where, and How). The SERCO CYD program will strive to develop leadership skills in all the youth its serves but will provide the opportunity for approximately forty (40) high school students to begin to establish the skills and knowledge it takes to be a leader in their communities. A YOUTH SUMMIT will be planned and led by the Youth Advisory Committee (YAC) in the 78415 community to encourage leadership development. The YAC will be recruited to choose date, topics, speakers, location and to coordinate and facilitate the summit activities. Adults will be on hand to assist and offer guidance but youth will coordinate all activities as a leadership development activity. Community Service will play an integral part in the effectiveness of this program. Studies have shown that students involved in community service projects have increased positive feelings and mental health, and decreases in depression and stress. Students participated in many community service projects this past program year such as visiting nursing homes, toy drives for foster youth, awareness walks, city cleanups and many more. Projects will also be solicited from the 78415 community through formal requests to the campuses. Applications will be taken for one -day projects such as yard work, painting, cleaning, minor carpentry, etc for economically disadvantaged senior citizens and others. Applications will be reviewed by YAC youth and selected for implementation each month. Community service projects CYD Plan of Operation Fiscal Year 2016 Page 4 of 18 (September 1, 2015 — August 31, 2016) Youth Ages: ❑ 9 ® ® 12 ® 13 14 4 Males /1 Females 10 ./ 11 /1 Grades Targeted:1 4th 415th ►1 6th /( 7th IZI 8th 8. Identify the program model or curriculum (if applicable) to be implemented, to include the developer of the program: 4'- YOUTH ADVISORY COMMITTEE PROGRAM Service Provider information Organization Name: City of Corpus Christi Total Program Funding Amount: $ 108,526 Program Name: SERCO of Texas Contract Period: From: 09/01/2015 To: 08/31/2016 (Inclusive Dates of Service): Same as contract period Yes: ® No: ❑ If not, From: To: All addresses (locations) where services will be provided, (please use full address): 1. Mary Carroll High School 5301 Weber Rd, Corpus Christi, TX 78411 1. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms ® Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Caring adults other than parent ❑ Strong bond between children and parents ❑ Emotional support and absence of severe criticism ❑ High parental expectations ® Clear rules and expectations ® Involvement with school/community ® Friendship network ® Positive perception of self and others ® Places high values on helping others ® Sense of purpose Program Description 2. Describe the services to be provided in detail. Provide page(s) of where this information is provided in your proposal. (Who, What, When, Where, and How). The SERCO CYD program will strive to develop leadership skills in all the youth its serves but will provide the opportunity for approximately forty (40) high school students to begin to establish the skills and knowledge it takes to be a leader in their communities. A YOUTH SUMMIT will be planned and led by the Youth Advisory Committee (YAC) in the 78415 community to encourage leadership development. The YAC will be recruited to choose date, topics, speakers, location and to coordinate and facilitate the summit activities. Adults will be on hand to assist and offer guidance but youth will coordinate all activities as a leadership development activity. Community Service will play an integral part in the effectiveness of this program. Studies have shown that students involved in community service projects have increased positive feelings and mental health, and decreases in depression and stress. Students participated in many community service projects this past program year such as visiting nursing homes, toy drives for foster youth, awareness walks, city cleanups and many more. Projects will also be solicited from the 78415 community through formal requests to the campuses. Applications will be taken for one -day projects such as yard work, painting, cleaning, minor carpentry, etc for economically disadvantaged senior citizens and others. Applications will be reviewed by YAC youth and selected for implementation each month. Community service projects CYD Plan of Operation Fiscal Year 2016 Page 4 of 18 (September 1, 2015 — August 31, 2016) help redirect energies of at -risk youth to more positive social activities. Participating in community service projects can be an effective tool in instilling a sense of belonging or stability that these youth need to feel connected use JDO1- jD22 service type i a.riies first and individual program 'tames ill parentheses) Average . Frequency Identify daily, weekly rnonthiyservice, amounts service does not equal 1hour) Average Intensity Total # of, sessions, visits, or interactions per participant. Average" Duration .; Identify average amount of time it will take a`: participant to; complete the program Example: YAC (Champions) Youth 4 sessions per month 48 Sessions (frequency x duration) 12 months Youth Advisory Committee Youth 1 session per month 1 12 sessions 12 months 5 — YOUTH LEADERSHIP DEVELOPMENT PROGRAM Vote Complete one Youth Leadership'; Development (YLD) Program section for each service provider (both Fiscal Agent and Subcontractors) that meets all the YLD requirements found on page 27 of'the Deem cber 17, 2014 RFP Per the RFP, YLD grogrm m arequireents ....... _.. . _ D Must.be oiferecl to prepare youth to meet the challenges"pf adoiesDance through a. "serves of structured, progressive activrtves and experiences that help them to develop teadershvp skins {such as conflict resolution, negotiation, commumcati sk.11s, goat setting, team building, positive self esteem, and empowerment) II Thea roach must view outh as resources and build on their strengths and capabdrties to develop wvthm their owr Pp Y, communit and ma ;include such thin s as service learnin com onents Youth must be offered YL© services at least onetime per month �, a YAC�group alone does no€ satisfy the requirement fora youth tea:dershlp fevelopment program while all YA articvpants;must psi icipate In YLD, en YLD program that Is separate and distinct from the YAC must be offered with capacit serve additionai.,youth ... r ...... ., . , .. , . ProgramOutputs: ".. .. Output #1: Number of unduplicated youth served: Monthly (average)*: 40 Output #2: Number of unduplicated youth served Annually**: 240 1. Is the Youth Leadership Development (YLD) Program a stand-alone program or component of a larger program? ® Stand-alone ❑ Component of a larger program (Name of the larger program 2. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Caring adults other than parent ❑ Strong bond between children and parents ❑ Emotional support and absence of severe criticism D High parental expectations Clear rules and expectations Involvement with school/community ® Friendship network ® Positive perception of self and others ® Places high values on helping others Sense of purpose 4 CYD Plan of Operation Fiscal Year 2016 Page 5 of 18 (September 1, 2015 — August 31, 2016) Program Description 3. Describe the services to be provided in detail. Provide page(s) of where this information is provided in your proposal. (Who, What, When, Where, and How). The SERCO CYD program will strive to develop leadership skills in all the youth its serves but will provide the opportunity for approximately forty (40) high school students to begin to establish the skills and knowledge it takes to be a leader in their communities. A YOUTH SUMMIT will be planned and led by the Youth Advisory Committee (YAC) in the 78415 community to encourage leadership development. The YAC will be recruited to choose date, topics, speakers, location and to coordinate and facilitate the summit activities. Adults will be on hand to assist and offer guidance but youth will coordinate all activities as a leadership development activity. Applications will be reviewed by YAC youth and selected for implementation each month. 4. Identify the frequency, intensity and duration of services for clients: use;JD01-JDI2,service type names first aiu uilrvidual program iiantes in: parentheses); Average. Frequency dentify,daily weekly, monthly service amounts service does not equal:1 hour) Average Intensity Total # of sessions, visits, orinteractions per participant Example: YLD (All Stars) Youth 4 sessions per month 12 Sessions (frequency x duration) Average.: "l Duration;;: Identify the average amount of time it will take a participant to. complete,; the program 3 months Youth Leadership Development Youth 2 session per month 24 sessions 12 months 5. Describe the process for ensuring opportunities are provided for youth to serve in leadership roles in their community. Community Service will play an integral part in the effectiveness of this program. Studies have shown that students involved in community service projects have increased positive feelings and mental health, and decreases in depression and stress. Students participated in many community service projects this past program year such as visiting nursing homes, toy drives for foster youth, awareness walks, city cleanups and many more. Projects will also be solicited from the 78415 community through formal requests to the campuses. Applications will be taken for one - day projects such as yard work, painting, cleaning, minor carpentry, etc for economically disadvantaged senior citizens and others. Community service projects help redirect energies of at -risk youth to more positive social activities. Participating in community service projects can be an effective tool in instilling a sense of belonging or stability that these youth need to feel connected. - FISCAL AGENT.PROGRAM(S) SERVICES NOTE Complete a separate Fiscal Agent Program section for eaoh Individual pragrarn provided by the Fiscal Agent, except if the service' type is mentoring, YAC or YLD which would be in !opted in the appropriate section. Program Outputs For Services Provided; By Fiscal Agent s Output #1: Number of unduplicated youth served: Monthly (average)*: N/A Output #2: Number of unduplicated youth served: Annually**: N/A 1. Check all the service types to be provided in this program: ❑ Youth -Based Curriculum Activity - 01 ❑ Recreational Services — 07 ❑ Family -Based Curriculum Activity - 02 ❑ Academic Support Services - 08 ❑ Parent/Caregiver-Based Curriculum Activity - 03 ❑ Life Skills Classes - 09 O Family Focused Service - 05 2. Check the protective factors this program will identify for change: CYD Plan of Operation Page 6 of 18 Fiscal Year 2016 (September 1, 2015 — August 31, 2016) ❑ Involvement with positive peer group activities and norms ❑ Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental/guardian supervision ❑ Caring adults other than parent ❑ Strong bond between children and parents ❑ Emotional support and absence of severe criticism ❑ High parental expectations ❑ Clear rules and expectations ❑ Involvement with school/community O Friendship network ❑ Positive perception of self and others O Places high values on helping others ❑ Sense of purpose Program Description 3. Describe the services to be provided in detail. Provide page(s) of where this information is provided in your proposal. (Who, What, When, Where, and How including the days and hours). 4. Identify the frequency, intensity and duration of services for clients: use "JDOI-JD12"service ,type names first an individual program twines in' parentheses) Average Frequency Identify daily, weekly, monthly service amounts service does not equal 1 hour) Average Intensity Total # of sessions, visits, or interactions per participant Average <! Duration identify the average amount of time it will take a participant program Example: Recreation (CYD Lions) Youth 4 sessions per month 12 Sessions (frequency x duration) 3 months 5. Identify the target population to be served: ❑ Males ❑ Females ❑ 6-9 years of age 0 10-17 years of age SUBCONTRACTED PROGRAMS NOTE -Complete a separate Subcontracted Programs sect€on for each €nd€v€dual program provided bye subcontracted service prov€de except €f the service type is mentoring, VAC,.or YLD wh!ch would be €nd€cated in the appropriate section Program Outputs Output #1: Number of unduplicated youth served: Monthly (average): 35 CYD Plan of Operation Page 7 of 18 Fiscal Year 2016 (September 1, 2015 — August 31, 2016) Output #2: Number of unduplicated youth served: Annually**: 175 1. Check all the service types to be provided in this program: ❑ Youth -Based Curriculum Activity - 01 ❑ Recreational Services — 07 ❑ Family -Based Curriculum Activity - 02 ® Academic Support Services - 08 ❑ Parent/Caregiver-Based Curriculum Activity - 03 ® Life Skills Classes - 09 ❑ Family Focused Service - 05 2. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms D Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental/guardian supervision ® Caring adults other than parent ❑ Strong bond between children and parents ❑ Emotional support and absence of severe criticism ❑ High parental expectations Clear rules and expectations ® Involvement with school/community ® Friendship network ® Positive perception of self and others ❑ Places high values on helping others 0 Sense of purpose Program Description 4. Describe the services to be provided in detail. Provide page(s) of where this information is provided in your proposal. (Who, What, When, Where, and How including the days and hours). After-school Program: M - F, 3:00 p.m. — 6:00 p.m.; Includes: Power Hour and Triple Play Athletic leagues: Basketball, Flag Football, Kick Bali and Volleyball Summer Program: M — F; 8:00 a.m. — 5:00 p.m.; includes: Triple Play, Swimming, educational programs Power Hour offers extended learning opportunities and educational enrichment programming during non -school hours. It helps to improve academic performance by providing the one-on-one help that many youth do not receive either at home or at school. Students are expected to complete homework assignments before participating in recreational activities. Triple Play demonstrates how eating right, keeping fit and forming positive relationships add up to a healthy lifestyle. The focus is on three components: Mind, Body and Soul. We have an agreement with A&M School of Nursing that provides an added educational and mentoring component to our Triple Play program. The student nurses come to the Club twice each week to work with the kids and to serve their families with health issues. Athletic Leagues offer 6-8 weeks of skill development in one particular sport, offering youth a chance to compete in organized sports leagues and learn good sportsmanship behavior as well as sense of responsibility and self-worth. We currently offer league opportunities to CYD kids in Basketball, Volleyball, Kickball and Flag Football. CYD Plan of Operation Fiscal Year2016 Page 8 of 18 (September 1, 2015 — August 31, 2016) Service Type and for Whom Served" (Who" targeted participants are) (use J1101-JDI2, service type c acnes first and individual program names in parentheses);,{, For whom Average Frequency,: Identify daily; weekly, monthly service amounts " (1 service does not"! equal 1 Your) Average Average Intensity Duration Total #of Identify' sessions," visits, ; -' the or interactions average per participant amount of time it will take a participant to complete the o•ram"'. Example: Academic Support (Future Kids) Youth 4 sessions per month 12 Sessions (frequency x duration) 3 months Academic Support (Power Hour) Youth Daily 180 sessions Recreational (Boys & Girls after school program) Youth Daily 300 sessions 9 months 12 months Recreational (Athletic Leagues) Youth 4 sessions per month 36 sessions Recreational (Summer Program) Youth Daily 45 sessions 9 months 3 months Staffing Plan. For Subcontractors 5. Describe the staffing plan, including staff supervision and support, and how adequate staffing will be ensured, in the event of vacancies or extended absences. (What staff positions will work directly on the CYD contract and which position will supervise whom and provide backup if necessary). Position title.:= (indicate if ar. volunteer) Services for which this: Position supervised by Position has backup; by this position:: position is responsible Unit Director Overall Programming Executive Director Executive Director Learning Center All Educational Programs Unit Director Youth Development staff Front Desk All KidTrax Documentation Unit Director Unit Director Our staff is well trained to function without constant supervision; however performance is monitored on a daily basis, and there is always a lead staff responsible for each program area. There is an established chain of command for every area and adequate support staff is assigned to handle larger than usual groups. There is a staff -to- youth ratio of 1:25. The three positions charged to this grant are as follows: Unit Director —18 yrs experience; college courses at TX Tech; extensive BGCA training Learning Center 8 yrs. experience; BA degree; extensive BGCA training Front Desk — 8 yrs. Experience; assoc. Del Mar; extensive BGCA training CYD Plan of Operation Fiscal Year 2016 Page 9 of 18 (September 1, 2015 — August 31, 2016) 7 — SUBCONTRACTED PROGRAMS NOTE: -,Complete aseparate Subcontracted Programs "section for each individual program provided by a subcontracted service provide except if the service type is mentoring YAG, or YLD which would be indicated in the appropriate section Program Outputs Output #1: Number of unduplicated youth served: Monthly (average)*: 25 Output #2: Number of unduplicated youth served: Annually**: 175 1. Check all the service types to be provided in this program: ❑ Youth -Based Curriculum Activity - 01 ® Recreational Services — 07 ❑ Family -Based Curriculum Activity - 02 ® Academic Support Services - 08 ❑ Parent/Caregiver-Based Curriculum Activity - 03 ® Life Skills Classes - 09 ❑ Family Focused Service - 05 2. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental/guardian supervision ® Caring adults other than parent D Strong bond between children and parents ® Emotional support and absence of severe criticism ❑ High parental expectations ® Clear rules and expectations ❑ Involvement with school/community ® Friendship network • Positive perception of self and others ❑ Places high values on helping others ® Sense of purpose Program Description 3. Describe the services to be provided in detail. Provide page(s) of where this information is provided in your proposal. (Who, What, When, Where, and How including the days and hours). CIS is proposing to serve two (2) sites: South Park Middle and Gloria Hicks Elementary. Communities In School's CYD program includes students, who have been referred because of a specific need such as behavior, academics and/or attendance and other students who will be registered under activities who will take part in all activities. All enrolled students attending a school in 78415 will have access to these services with CIS placing emphasis on youth 10-17 years of age. The school sites will provide a safe environment where youth can learn and grow and serve as a resource center for other programs and agencies. Programs are age appropriate and customized per school site based on an assessment utilizing information from school staff, students and families. Some of the activities the case managers provide include support groups, individual guidance, family activities, homework help/tutoring, presentations and information on issues such as drug awareness, teen pregnancy, HIV/AIDS, and educational field trips. Case managers working full-time will invest time for preparation, coordination, and implementation of direct services. After school activities will be coordinated and implemented directly by the case manager. Case managers work with the families to provide a full -structure of assistance to the youth. Families are invited to various activities at the schools. This gives the families an opportunity to participate with their youth, to include speakers, presentations and one-on-one counseling. Academic Support Services will be provided once a week every other week for 1 hour for 4 months. Life skills which will include presentations and individual guidance will be provided for 1 hour once a week every other week for four months. Recreational services will also be provided for 4 months 1 hour once a week every other week. CIS/CYD staff will develop a monthly activity plan which will provide a tentative schedule of all activities. This monthly activity plan will be turned into the Project Coordinator for the prior month and a tentative activity plan for the current month. CIS/CYD programs will provide structured activities at two (2) school sites where eligible youth, parents and siblings are welcomed to participate. Coordinated activities are geared towards knowledge, personal growth, and enhancing family life. Activities will be varied to meet the needs of the participants. CYD Plan of Operation Fiscal Year 2016 Page 10 of 18 (September 1, 2015 — August 31, 2016) Activities will be implemented before and during school at the elementary school and middle school site. Identified elementary school sites will also include recreational activities immediately after school. Participation is voluntary with a CYD registration form signed by the parent/guardian. Service Academic Support and Life Skills Location Gloria Hicks Elementary Day Monday -Friday Time 8:00-4:00 Academic Support and Life Skills South Park Middle School Monday -Friday 8:00-4:30 Service Type and for Whom Served (Who targeted participants are) When (months served per program) (nse"J'D01-jD12 service' type ?ratites first and individual program ,:arms in parentheses)? Average ;:Frequency Identify daily, weekly, monthly service amounts service does riot `. equal 1 hour) Average. Intensity otal # of sessions, visits, or interactions per participant Example: Academic Support (Future Kids) Life Skills (Case Management) Youth Youth 4 sessions per month Daily 12 Sessions (frequency x duration 180 sessions Average" Duration. Identify;; the average amount of time it will take a participant.;, to "" complete the •ro•ram 3 months 9 months Life Skills (Lite Skills Training Classes) Academic Support Recreational Services Youth Weekly 30 sessions 9 months Youth Daily 180 sessions 9 months Youth 2 sessions per month 8 sessions 4 months Staffing. Plan For Subcontractors 4. Describe the staffing plan, including staff supervision and support, and how adequate staffing will be ensured, in the event of vacancies or extended absences. (What staff positions will work directly on the CYD contract and which position will supervise whom and provide backup if necessary). The Project Coordinator will oversee the CIS/CYD program and work closely with case managers in providing services. The Project Coordinator will monitor all aspects of the program and be responsible for the completion the CYD monthly status reports. The Project Coordinator has five years of experience with the CIS/CYD program and has demonstrated a clear knowledge of the program. This position will not be funded through CYD grant but will be an in-kind contribution. The case manager will be responsible for their campus only. They will prepare, coordinate, and implement direct services on their perspective campuses. Case managers have various year of experience with the program and have been trained in working with the youth they service and in the mission of the CYD grant. The minimum qualification for all case manager positions is a Bachelor's degree in a social service field and/or 5 years of experience working as a case manager. In case of staff vacancy/absence, the Project Coordinator will fulfill the duties of the staff. In the event of a vacancy with the Project Coordinator, other Coordinators from various schools will be pulled to fulfill the duties until the position is filled. Position title indicate if a volunteer) Services forwhich this posi is responsible Case manager on Responsible for maintaining the CYD program at South Park MS Position supervised by: Gloria Taylor Position has backup by this position Project Coordinator Case manager Responsible for maintaining the CYD program at Hicks Elementary Gloria Taylor Project Coordinator CYD Plan of Operation Page 11 of 18 Fiscal Year 2016 (September 1, 2015 — August 31, 2018) CIS has Personnel Policies, Standard Operating Procedures, Directives, and Memorandums in place to maintain the internal integrity of the agency. These policies are reviewed yearly by Management and Board Committees to make sure current state and federal guidelines are being followed. Attracting and maintaining educated and trained personnel is essential for CIS and this grant if children and families are to continue to succeed. It is imperative for our organization to be in compliance with changes in laws regarding hiring practices. Staff will be trained by the Project Coordinator in all aspects of the program and in the necessary documentation. Continual support and working as a team builds a strong staff commitment to the CIS/CYD mission and ensures success. The Project Coordinator will conduct job shadowing to assist new personnel in fully understanding the program. CIS will maintain a ratio of 25 youth to 1 staff member during activities at the school. CIS will plan ahead and utilize approved volunteers, parents, and recreational leaders should the need arise for more supervision. 7— SUBCONTRACTED PROGRAMS NOTE Cornplete a.separate Subcontracted Programs section for each individual, program provided bya subcontracted service provider; except if the service type is mentoring YAC, or YLD "which would be indicated in the appropriate section Program Outputs Output #1: Number of unduplicated youth served: Monthly (average)*: 8 Output #2: Number of unduplicated youth served: Annually**: 45 1. Check all the service types to be provided in this program: ❑ Youth -Based Curriculum Activity - 01 ® Recreational Services — 07 ❑ Family -Based Curriculum Activity - 02 0 Academic Support Services - 08 ❑ Parent/Caregiver-Based Curriculum Activity - 03 ® Life Skills Classes - 09 O Family Focused Service - 05 2. Check the protective factors this program will identify for change: ® Involvement with positive peer group activities and norms ® Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental/guardian supervision ❑ Caring adults other than parent ❑ Strong bond between children and parents ▪ Emotional support and absence of severe criticism ❑ High parental expectations ® Clear rules and expectations ® Involvement with school/community ® Friendship network ® Positive perception of self and others ® Places high values on helping others ® Sense of purpose Program Description 2. Describe the services to be provided in detail. Provide page(s) of where this information is proposal. (Who, What, When, Where, and How including the days and hours). Youth Odyssey Programming Sessions last 6 — 9 weeks and are comprised of the following: o 8 Portable Ropes Course Challenge Sessions that will serve a max of 15 youth per session. are two-hour sessions. - After school 4-6 pm Monday through Thursday - Throughout the day during school breaks provided in your The onsite activities o 2 Stationary Ropes Course Challenge Sessions that will serve a max of 13 youth per session. These are from 8:30 a.m. until 4:00 p.m. - Saturdays & Holidays (days off from school) CYD Plan of Operation Fiscal Year 2016 Page 12 of 18 (September 1, 2015 — August 31, 2016) o 1 Adventure Wilderness Trip that will serve a max of 12 youth on each trip. The trips are from Friday afternoon till Sunday afternoon. - Weekends during the school year - 3-5 day trips during the school breaks o 1 Graduation Session that will serve a max of 15 youth per session. The onsite activities are two-hour sessions. - After school 4-6pm Monday through Thursday - Throughout the day during school breaks ADVENTURE CHALLENGE PROGRAM - ONGOING PORTABLE AND STATIONARY ROPES CHALLENGE COURSE Ropes Courses are a unique and powerful way to foster team development and personal growth. The Portable Ropes Challenge Course consists of Portable Team Challenges and are typically 2 -hour sessions conducted onsite at the referring agency. The Stationary Ropes Challenge Course is located on 1-37 and is comprised of a full day session. Low Elements During the low elements portion of a Ropes Challenge Course, the focus is on the team. Activities draw on the knowledge and ideas of every group member and require the participation and cooperation of the entire team. Activities are performed on or close to the ground, gradually increasing in difficulty so the team can learn from its successes and build trust and confidence as obstacles are overcome. High Elements The High Elements of a Ropes Course emphasizes individual challenge, accomplishment, and is built upon the team development and trust established on the Low Elements. The High Elements are an extremely powerful developmental tools because of the perceived risk of each activity. The High Elements allow the youth to expand their comfort zones and overcome fears that can block personal development and achievement. Processing at the closure of each experience includes reflection, evaluation and goal review to help the youth derive meaning from the experience and how it applies to their lives. ADVENTURE WILDERNESS TRIP The wilderness is a place where nature is dominant and situations and their consequences are real. Camping in these conditions, away from the distractions of modern civilization fosters self-reliance, respect and a sense of responsibility for youth's own actions. Youth Odyssey's programs are designed based on the nationally recognized National Outdoor Leadership Schools (NOLS) and Outward Bound. Through the outdoor experience, in addition to learning outdoor skills, youth respond to physical challenges and learn to overcome obstacles through problem solving. Youth are guided through activities, which enable them to build self- esteem, self-confidence, cooperation, leadership skills, and team building. They expand their horizons beyond concrete and asphalt and to learn about themselves, nature and their environment. Each youth spends 3 days with caring adults in an environment that teaches them more effective ways of relating to others and healthier ways of valuing themselves. Each Youth Odyssey Adventure Wilderness Trip meets at 5:00 p.m. on Friday evening for transportation by Youth Odyssey's 15 -passenger van to a campsite. They return by 4:00 p.m. Sunday evening to the original meeting place. Youth Odyssey provides all equipment and supplies for each trip and gives each youth a list of suggested clothing and personal accessories that may be needed. Basic camp craft, hiking, and backpacking are taught on each trip. In addition depending on the location of the trip, kayaking, rock climbing and other activities are also taught. Youth are also introduced to the concept of environmental stewardship through "Leave No Trace" ethics. This concept teaches an acceptance of personal responsibility for maintaining the health and beauty of the natural environment. Each activity during the weekend includes reflection, evaluation and goal review to help the youth derive meaning from what they have experienced and how the experiences apply to their lives. Also, the whole team processes the entire day's activities through a refection exercise, Saturday night around the campfire. This is reported as one the youth's favorite part of the trip. In addition to life skills curriculum the youth develop strong bonds with each other and staff as they learn to step out of their comfort zone to try new activities and skills. These bonds are hardened by the fact that they all have shared experiences camping, rock climbing, kayaking, participating in Ropes Courses and so much more. Many times youth will return to our program time and time again because of the "safe and friendly" environment Youth Odyssey creates. CYO Plan of Operation Fiscal Year2016 Page 13 of 18 (September 1, 2015 August 31, 2016) Often times strong friendships are established and are sustained throughout the years (case in fact for many YO participants). Sequence of Development Whether on an Adventure Wilderness Trip or on a Ropes Challenge Course, our youth progress through carefully planned activities that build leadership, problem -solving skills, and trust, teamwork, self-confidence, and communication skills. Learning and development follows a sequential process and the effectiveness and mastery at one level contributes to each subsequent level. They are: o Goal Setting —is a critical component since it provides a source of measure. o Awareness —activities that are designed to assist youth in feeling more comfortable in their group environment and to appreciate the relationship between peers / adults. o Trust —activities that focus on one-to-one as well as group trust. o Cooperation —activities at this level gives the youth a sense of accomplishment through cooperation. o Group Challenge — activities that are "problem -solving" in nature and experiences are related to real life. o Leadership —activities that assist youth in developing leadership skills and experience following a leader. o Application — a follow-up program at the closure of the on-site experience, through a final processing session (Reflection, evaluation, and goal review) YOUTH MENTOR/LEADERSHIP PROGRAM — ON GOING Our mentor program is designed for returning youth 8th — 12th grades. Youth Odyssey begins formal training with interested youth on the Ropes Course, Kayaking, and Camping trips. These opportunities give them more responsibility and ownership over the program. They use their experiences in YO and their personal life to mentor younger youth in our programs. As they progress and are able to demonstrate their skills, staff will begin formal training in the teambuilding activities and the processing (real life application) of those activities. The purpose of this Mentor program is to provide professional experience/development, real life application of skills [earned, and further Life Skills training/application. Please note that there is always a staff member present when youth mentors are teaching/assisting with our programs. RESTORATION PROGRAM - ONGOING In addition to our normal programs we conduct a monthly restoration project in partnership with Richard Thompson (City Parks and Recreation — Tourism Department). This partnership began in January 2008 at Blucher Nature Park and continues today on a regular basis. It is very important to add that this was not the idea of Youth Odyssey Staff. Our youth and youth mentors who have enjoyed free programming for years decided that they wanted to "give back to their community". They asked if they could start a restoration project and we were ecstatic at this selfless pursuit. So every second Sunday of the month we pick the youth up and transport them to the designated park. To date they have mulched out trails, removed invasive species, planted trees /flowers, painted a footbridge, and so much more. Another noteworthy item is that Richard Thompson (past Superintendent of CC Parks and Rec Tourism Dept.) mentioned that in the past he had send his staff to go and "fix" what volunteer groups have done...."This is not so with Youth Odyssey," he says. Karen Smith of the Audubon Society is constantly praising our youth mentors about their dedication and hard work at Blucher. She and her members also educate the youth about the plant and wildlife present; and explain why invasive species need to be removed. Our youth work hard, are dedicated, and produce quality work for their community because of the Youth Odyssey programming sponsored by people like CC Parks and Recreation. This restoration project is three things: o Youth restoring and repairing the area's natural areas back to health o Youth learning about nature, its' processes and purpose o Youth selflessl •ivin. their time back to the communit Recreational Service: Portable Team Challenge Recreational Service: Ropes Course Recreational Service: Adventure Wilderness Trip Recreational Service: Graduation CYD Plan of Operation Schools / Recreation Centers/ CC Parks GELS Ropes Course, 1-37 @ Exit 20b Cooper RD State Parks throughout Texas Schools / Recreation Centers/ CC Parks Page 14 of 18 Mon — Thurs Saturday Fri - Sun, / during breaks Mon —Thurs During School: 4-6pm Breaks: Throughout the day Sam-4pm Fri 430pm — Sun 4pm During School: 4-6pm Breaks: Throughout the day Fiscal Year 2016 (September 1, 2015 —August 31, 2016) Life Skills Classes: Portable Team Challenge Schools / Recreation Centers/ CC Parks Mon — Thurs During School: 4-6pm Breaks: Throughout the day Life Skills Classes: Ropes Course OELS Ropes Course, 1-37 @ Exit 20b Cooper RD Saturday 8am —4pm Life Skills Classes: Adventure Wilderness Trip State Parks throughout Texas Fri - Sun, and during breaks Fri 430pm — Sun 4pm Life Skills Classes: Graduation Schools / Recreation Centers/ CC Parks Mon —Thurs During School: 4-6pm Breaks: Throughout the day Service Type and for Whom Served (Who targeted participants are) use JDO1-JD12 servicetype" nines first an ir[iiividuat programa narne8 in parentheses) Example: Academic Support (Future Kids) Recreational Life Skills When (months. served per program) Youth Youth Youth Average Frequency Identify daily, weekly, monthly service amounts (1 service does not equal 1 hour) 4 sessions per month 1/2 sessions/week 1/2 sessions/week Average. Intensity Total # of sessions, visits or interactions per participant 12 Sessions (frequency x duration 12 sessions 12 sessions Average Duration Identify.: the average amount of time it will -' take a participant 3 months 9 weeks /year around 9 weeks /year around Staffing Plan For Subcontractors 5. Describe the staffing plan, including staff supervision and support, and how adequate staffing will be ensured, in the event of vacancies or extended absences. (What staff positions will work directly on the CYD contract and which position will supervise whom and provide backup if necessary). Position title (indicate if a volunteer) Services for which this position is responsible Oversight - Position supervised by Position has backup by this position. Executive Director Board of Directors Lead Program Facilitator Lead Prg. Facilitator Oversight and facilitation Executive Director Program Leader Program Leader Facilitation Program Director Volunteers / Part time staff Part time staff Facilitation and support Program Director / Leader Board members / volunteers The Executive Director and Lead Program Facilitator supervise all staff. Weekly meetings are held to address any on-the- job issues, issues/concerns with the programs, ways to better reach the youth, and general checks on personal well-being and satisfaction with their job and performance. Training is provided on a case-by-case basis by their supervisor or another qualified entity. In the situation that a staff member has to leave without notice or short notice, the Lead Program Facilitator, Executive Director, and our volunteers are able to take over the programs and responsibilities. These volunteers are past employees and teachers; and all have professional training in the activities conducted by Youth Odyssey. The CYD program is charged for only two positions, Executive Director (23% of time) and Lead Program Facilitator (20% of time). The Executive Director's time is spent on the implementation and supervision of the CYD program. The Lead Program Facilitator's time is spent on facilitating the sessions. Volunteers are used throughout the program but this is an in-kind match. o Weekly meetings take place with all staff members. o Before leaving on a trip, all adults (staff, volunteers) get together and share information about the trip, expectations, concerns, plans, etc... so that we are all on the same page o We constantly do "check ins" with other staff members during the trip to make sure nothing has gone unnoticed or unaddressed CYD Plan of Operation Fiscal Year2016 Page 15 of 18 (September 1, 2015 — August 31, 2016) o Likewise at the close of a trip we debrief the trip o There is always a "head" facilitator on the trip (usually the one who is running the specific program) and the other adults are there for support and guidance for the youth. o At the end of the trip head staff member checks in with their superior to let them know that everyone is back and safe o Chain of command: Executive Director — Lead Program Facilitator — Program Leader (these are the potential "heads" in charge of each group/trip) The procedure, for utilizing volunteers, is the same as when hiring Youth Odyssey staff members. o A thorough background check nationally is conducted o Must be trained in CPR / First Aid at minimum and keep the certifications current o Demonstrate their ability to relate and care for youth o Demonstrate group control and behavior management The minimum age requirement for an Adult Volunteer is 18 years old. Although there are no maximum age requirements for adult volunteers, selection will be based on the ability of the volunteer to perform certain skills. Some rigorous physical activities such as hiking five to ten miles a day carrying a 50 -Ib backpack is required on some trips. Past experience in the outdoors is imperative to the selection of the volunteer for the Extreme Outdoor Activities. Evidence of fitness and a release from a health care practitioner if a health condition is present is mandatory. All staff and volunteers will undergo background checks prior to working with youth and in accordance with DFPS regulations. The Staff Policy and Procedure Manual for Youth Odyssey are 65 pages. Copies are available upon request. Youth Odyssey provides training when needed or requested by the volunteer. All volunteers are updated on the Emergency action plan and familiarity with the area around the activity site. All volunteers will be paired with a minimum of one full time staff member of Youth Odyssey. Volunteers are allowed to come to any portion of the program but their track record is that they only attend the camping trips and not the two-hour or ropes course sessions. Their tasks are simply: o Being another set of eyes to watch out for the youth and their surroundings -safety o Listen to the youth when they need to talk o Help out with camping craft and whatever else is needed. o When trained, help with outdoor activities All staff are required: o To hold current Emergency Medical Technician — Basic certification or a Wilderness First Responder certification o Ropes Course facilitator experience and/or certification o Kayak and Tope Rope experience and/or certifications o Practical experience working with youth in a camp/program setting o Masters or Bachelors in psychology, social work, kinesiology, wilderness therapy, environmental education, or similar field o Minimum of 5 years leading backcountry trips o Clean driving record o Demonstrated mastery in leading youth through curriculum, safety rules, etc... o Good track record with youth, parents, other agency staff members, found effective and approachable Staff to youth ratios Portable Team Challenges (at youth agency w/ their staff nearby ) Ropes Courses/ Kayaking Adventure Wilderness Trips (volunteers often join us, which will raise ratio) Graduation (at youth agency with staff nearby) 1:15 maximum 2:12 minimum 2:12 minimum 1:15 maximum CYD Plan of Operation Fiscal Year 2016 Page 16 of 18 (September 1, 2015 — August 31, 2016) Attachment 11 Community Collaborative Committee (CCC) Roster & Review Committee Name (Last, First) Role on CCC (resident, youth, service provider, business, agency, etc) Agency represented (fiscal agent name, YAC, subcontractor name, etc) Phone Email Review Committee Member (Yes/No) Rivera, Sandra Resident Texas Lottery Commision 361-853-4793 sandyr518@yahoo.com Yes Barrera, Belinda Community Corpus Christi Independent School District 361-633-5489 bbpf76@aol.com Yes Giegerich, Jean Community The Place of Houses 361-960-1438 jmg@theplaceofhouses.co Yes m Romero, Rosa Resident Mike's Custom Upholstery 361-553-5690 rosaliux@hotmail.com Yes Jaime Solis Resident H&V Equipment Services 361-249-7883 Hrtles2@gmail.com Awaiting approval Beverly Cage Community Del Mar College 361-658-7226 bacage@delmar.edu Awaiting approval CYD Plan of Operation Fiscal Year2016 Page 17 of 18 (September 1, 2015 — August 31, 2016) Tips for Completing the Plan of Operation 1. DUPLICATION — When youth participate in multiple CYD services they can only be counted once by the fiscal agent during the fiscal year for the fiscal agent's performance measures. Therefore, fiscal agents must take into account the estimated number of youth who will participate in multiple CYD services when negotiating output targets with service providers to ensure that the fiscal agent will meet its contracted annual output. Duplication between service providers may be assessed using historical data from the PEIS database. At the Service Provider level, the unduplicated youth to be served annually should count each CYD youth participant served by the provider once during the inclusive dates of service for its CYD program. 2. AVERAGE MONTHLY -- In order for costs to be reasonable, service providers should be serving close to the maximum number of participants they are able to (full capacity) based on the funding provided for the CYD program and should include, but not be limited to factors such as the number of staff and service locations. As some dropout is expected, the number of participants served each month may be slightly less than the full capacity at which the service provider is capable of operating. A reasonable dropout rate may be accounted for when assessing the number of participants to be served each month. For Service Providers the average number of youth to be served monthly equals the sum of the number of youth to be served each month during the inclusive dates of service divided by the number of months in the service period. For the Fiscal Agent, the average number of youth to be served monthly will be the sum of youth served by each service provider each month minus duplicated youth, which is then divided by 12. Ideally, the operating capacity of a service provider should determine the average monthly and annual outputs. Fiscal agents are responsible for negotiating contracts with service providers that will ensure that the fiscal agent's contracted performance targets are met. 3. FREQUENCY, INTENSITY AND DURATION - The PEIS Services Provided Report may be used to track whether or not participants have received the average frequency and intensity of services within the specified duration as outlined by the service provider. Be sure to list programs separately if the frequency, intensity or duration is different during the school year and the summer. If your service lasts for a short period of time (3 months), please indicate how many cycles will be provided during the inclusive dates of service (e.g. 3 month cycle, 4 times a year). Do you run multiple cycles concurrently or consecutively? 4. BACKGROUND CHECKS — Remember all staff and volunteers working on the contract with access to clients or client data must be entered into the ABCS system and cleared with a DPS Criminal Background Check and a DFPS Child Abuse Registry check through. An FBI fingerprinting background check will also be needed if they have lived outside the State of Texas in the last 5 years. You can find information about fingerprinting services through the Texas Department of Public Safety Website (http://www.txdps.state.tx.us/administration/crime records/pacies/applicantfineerprintservices.htm) and locations at http://www.11enrollment.com/locations/?st=tx 5. SUBCONTRACTOR MONITORING - Keep in mind that the role of the fiscal agent includes the responsibility for monitoring subcontractors. Consider all methods available for monitoring outputs for subcontractors. The PEIS Database is available and has reports that may be useful. Please consider corrective action steps to be taken when performance measures and other requirements are not being met. 6. AGE RESTRICTIONS - Keep in mind the age eligibility as per the RFP p. 16. Keep in mind the three mandatory service types (Youth Advisory Committee (YAC), Youth Leadership Development (YLD) and mentoring) and the specific age requirements for those service types (middle and high school for YAC and YLD and mentoring 90% 4th -8th grades.) 7. TRANSPORTATION - If your "sale passage" plan for youth/families without transportation includes driving youth, please consider including agency policy on parental consent and safety measures such as car insurance, seat belts, drivers licenses, and/or driving records, etc. 8. RACE AND ETHNICITY - All Races/Ethnicities must be served unless a program or curriculum is designed specifically for a particular race/ethnic group. if a specific race/ethnicity is to be targeted, then a description of how other races/ethnicities will be served is required. 9. REQUIRED SERVICE TYPES — Mentoring, Youth Advisory Committee, Youth Leadership Development and Parental Involvement are the four required service types and are separated out for greater detail. If these service types are being offered as part of a larger program, then the rest of the program needs to be detailed in Section 6 — Fiscal Agent Program(s) or Section 7 — Subcontracted Programs as applicable. CYD Plan of Operation Fiscal Year 2016 Page 18 of 18 (September 1, 2015 — August 31, 2016) CITY OF CORPUS CHRISTI PURCHASING DIVISION Service Agreement No.: SA12-033 Amendment No.: 3 Date: June 25, 2015 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Youth Odyssey, hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Contract and all other duly executed amendments, constitutes the entire agreement under the above -referenced Service Agreement between the City and the Contractor. 1. The contract Is hereby extended for an additional six-month period. New effective dates are March 1, 2015 through August 31, 2015. The awarded amount for thls period will be $19,421. 11. After the six-month period stated above, the contract will automatically continue from September 1, 2015 through August 31, 2016. The awarded amount for this period will be $35,928. Contractor and the City agree to and shall abide by all terms and conditions of the original Contract and any amendments to that Contract, to the extent they are not in conflict with the terms of this Amendment. Approved as to form: (1. Posii5 - B y Koeller Date Lisa Aguilar Yo th Odyssey Senior Assistant City Attorney City of Corpus Christi, Texas CITY OF CORPUS CHRISTI Ronald L. Olson, City Manager Date CITY OF CORPUS CHRISTI PURCHASING DIVISION Service Agreement No.: SA12-030 Amendment No.: 3 Date: June 25. 2015 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Serco Inc., hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Contract and all other duly executed amendments, constitutes the entire agreement under the above -referenced Service Agreement between the City and the Contractor. 1. The contract is hereby extended for an additional six-month period. New effective dates are March 1, 2015 through August 31, 2015. The awarded amount for this period will be $58,663. 11. After the six-month period stated above, the contract will automatically continue from September 1, 2015 through August 31, 2016. The awarded amount for this period will be $108,526. Contractor and the City agree to and shall abide by all terms and conditions of the original Contract and any amendments to that Contract, to the extent they are not in conflict with the terms of this Amendment. 10.6.160 Na Icy ••JIla Serco Inc CITY OF CORPUS CHRISTI Ronald L. Olson, City Manager Approved as to form: 444-7 Lisa Aguilar Senior Assistant City Attorney City of Corpus Christi, Texas 2. -Is Date CITY OF CORPUS CHRISTI PURCHASING DIVISION Service Agreement No.: SA12-032 Amendment No.: 3 Date: June 25. 2015 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Communities in Schools, hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Contract and all other duly executed amendments, constitutes the entire agreement under the above -referenced Service Agreement between the City and the Contractor. The contract is hereby extended for an additional six-month period. New effective dates are March 1, 2015 through August 31, 2015. The awarded amount for this period will be $44,706. After the six-month period stated above, the contract will automatically continue from September 1, 2015 through August 31, 2016. The awarded amount for this period will be $82,706. Contractor and the City agree to and shall abide by all terms and conditions of the original Contract and any amendments to that Contract, to the extent they are not in conflict with the terms of this Amendment. ria Taylor nunities it wools CITY OF CORPUS CHRISTI Ronald L. Olson, City Manager Approved as to form: Lisa Aguilar Senior Assistant City Attorney City of Corpus Christi, Texas 7.2 Date CITY OF CORPUS CHRISTI PURCHASING DIVISION Service Agreement No.: SAI4-035 Amendment No.: 3 Date: June 25. 201 5 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Boys and Girls Club of Corpus Christi, hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Contract and all other duly executed amendments, constitutes the entire agreement under the above -referenced Service Agreement between the City and the Contractor. The contract is hereby extended for an additional six-month period. New effective dates are March 1, 2015 through August 31, 2015. The awarded amount for this period will be $28,971. 11. After the six-month period stated above, the contract will automatically continue from September 1, 2015 through August 31, 2016. The awarded amount for thls period will be $53,596. Contractor and the City agree to and shall abide by all terms and conditions of the original Contract and any amendments to that Contract, to the extent they are not in conflict with the terms of this Amendment. Approved as to form: ' �� �-�-�' 1 2/<-. zP6,---2-- �Andrew Fit ck ate Lisa Aguilar Date Boys & Girls Club Senior Assistant City Attorney City of Corpus Christi, Texas CITY OF CORPUS CHRISTI Ronald L. OIson, City Manager AGENDA MEMORANDUM First Reading Ordinance for the August 18, 2015 City Council Meeting Second Reading Ordinance for the August 25, 2015 City Council Meeting DATE: July 24, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, Director of Development Services DanG@cctexas.com (361) 826-3595 Amendment to City Code regarding Technical Construction Boards CAPTION: Ordinance amending the Corpus Christi Code of Ordinances, Chapter 14 "Development Services," Article 11 "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Administration of Technical Construction Codes," Section 14-206, "Technical construction boards," by amending the licensing requirements for members of the Electrical Advisory Board and Mechanical/Plumbing Advisory Board; providing for severance; and providing for effective date. PURPOSE: The purpose of the ordinance is to amend the licensing requirements for the members of the Electrical Advisory Board and the Mechanical/Plumbing Advisory Board to allow for more flexibility during the appointment process. BACKGROUND AND FINDINGS: The Electrical Advisory Board and the Mechanical/Plumbing Advisory Board are two technical construction boards overseen by the Development Services department. Both boards are advisory in nature and work with the assistance of the building official. Historically, each board has experienced issues with recruitment of new members, due in part to the very specific requirements in the board composition related to licensing requirements. Staff is recommending that the licensing requirement be amended to allow preference for appointment to be given to individuals licensed in the State of Texas, rather than making it a requirement. This amendment will allow for more individuals to qualify for appointment, thus creating a larger pool of applicants. CONFORMITY TO CITY POLICY: EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: City Secretary's Office Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital QNot applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None. RECOMMENDATION: Approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Corpus Christi Code of Ordinances, Chapter 14 "Development Services," Article II "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Administration of Technical Construction Codes," Section 14-206, "Technical construction boards," by amending the licensing requirements for members of the Electrical Advisory Board and Mechanical/Plumbing Advisory Board; providing for severance; and providing for effective date. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS that: SECTION 1: The Corpus Christi Code, §14-206 of Chapter 14 "Development Services," Article II "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Administration of Technical Construction Codes," is amended by adding the following language that is underlined (added) and deleting the language that is stricken (dcicted) as delineated below: Sec. 14-206. - Technical construction boards. (b) Electrical advisory board. (1) Appointment. There is hereby established the electrical advisory board which shall consist of ten (10) members. The board shall be appointed by the city council. This board shall have the guidance and assistance of the building official and chief electrical inspector. (2) Membership and terms. a. Membership. Persons who serve on the electrical advisory board as members shall be qualified as follows: 1. Two (2) persons, each of whom shall have at least five (5) years of active experience as a master electrician. 2. One (1) person who shall have at least five (5) years of active experience as a journeyman electrician. 3. Two (2) engineers, one (1) of whom shall be a liccnscd profcssional cnginccr in this statc and the othcr of whom shall have a bachelor of science degree in electrical engineering and a minimum of five (5) years of experience in the practice of electrical engineering. Preference for appointment may be given to professional engineers licensed in the State of Texas. 4. One (1) person who shall have at least five (5) years of experience in the commercial building industry. Page 1 of 4 5. One (1) person who shall have at least five (5) years of experience in the home building industry. 6. One (1) person who is a resident of the city and not connected with the electrical industry. 7. One (1) person who shall be a field representative from a utility power distribution company that services the Corpus Christi area and have had at least five (5) years of experience. 8. One (1) person who shall have at least five (5) years of experience in the electrical supply business. * * * (c) Mechanical/plumbing advisory board. (1) Appointment. There is hereby established the mechanical/plumbing advisory board which shall consist of eleven (11) members. The board shall be appointed by the city council. This board shall have the guidance and assistance of the building official and chief mechanical/plumbing inspector. (2) Membership and terms. a. Membership. Persons who serve on the mechanical/ plumbing advisory board as members shall be qualified as follows: 1. Three (3) persons, each of whom shall have at least five (5) years of active experience as a plumber, at least three (3) years of which shall have been in Corpus Christi; - -- - - - -'= -- -- - - -- - - - - trade. At least two (2) of these persons shall be or have been master plumbers. Preference for appointment may be given to plumbers licensed in the State of Texas and currently active in the plumbing trade. 2. One (1) person who shall have at least five (5) years of active experience as a mechanical engineer and be a licensed professional cnginccr in this state. Preference for appointment may be given to professional engineers licensed in the State of Texas. 3. One (1) person who shall have at least five (5) years of experience in the home building industry. 4. One (1) person who shall have at least five (5) years of experience in the commercial building industry. Page 2 of 4 5. Three (3) persons, each of whom shall have at least five (5) years of active experience in the heating, ventilation, air conditioning, and refrigeration contracting business and bc liccnscd in this statc. Preference for appointment may be given to persons licensed in the State of Texas in heating, ventilation, air conditioning, and refrigeration contracting (HVAC). 6. One (1) person who shall have at least five (5) years of active experience in landscape irrigation and bc liccnscd as an irrigates—by #L statc. Preference for appointment may be given to irrigators licensed in the State of Texas. 7. One (1) person not connected with the building industry. SECTION 2: If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3: This ordinance takes effect upon passage. Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Page 4 of 4 DATE: TO: AGENDA MEMORANDUM First Reading for the City Council Meeting of August 18, 2015 Second Reading for the City Council Meeting of August 25, 2015 August 12, 2015 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 Traffic Siqnal Improvements Aqreement Park Road 22 and Aquarius Drive Ordinance appropriating $420,000 from TBD -Q Packery Pointe, LP (Developer) and authorizing the City Manager, or designee, to execute a Traffic Signal Improvement Agreement between the City of Corpus Christi and Developer for the Park Road 22 and Aquarius Drive intersection and roadway improvements. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a Traffic Signal Improvements Agreement with TBD -Q Packery Pointe, LP for the Park Road 22 and Aquarius Drive project for intersection and roadway improvements. BACKGROUND AND FINDINGS: The existing Aquarius Drive traffic flow onto Park Road 22 from the south is right turn only. Drivers wanting to turn left are making dangerous unprotected two-lane crossing to access illegal u -turns to enable them to head back into the City. This project corrects that situation providing for a new traffic signal and intersection improvements allowing a protected left hand turn from Park Road 22 north on Aquarius. The intersection improvements include extending the designated left turn lane to minimize impacts to Park Road 22 turn lane traffic. The new signal and intersection will also allow signalized left turns from both directions of Aquarius onto Park Road 22. This project is within Texas Department of Transportation (TxDOT) right of way and TxDOT will be responsible for the design review of this project. Within the next 30 to 60 days, the Council will be presented with an Advance Funding Agreement which outlines the specific requirements and funding amounts required by TxDOT. Additionally, the City is sharing in the cost to address existing deficiencies on the South Side of Park Road 22 that are separate C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@BCO5CBFD\@BCL@BCO5CBFD.DOCX from the Developer's scope of work. This item was approved by the Island Strategic Action Committee (ISAC) on two separate occasions. The first approval was December 2014 and then again with the new board in May 2015. This item was also presented the City's Traffic Advisory Committee (TAC) and received their approval. ALTERNATIVES: 1. Authorize execution of the Agreement. 2. Do not authorize execution of the Agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutes regarding Interlocal Cooperation Agreements. 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 Total Budget $705,625.00 $705,625.00 Encumbered / Expended Amount 0.00 0.00 This item 0.00 0.00 Future Anticipated Expenditures This Project 705,625.00 705,625.00 BALANCE $0.00 $0.00 Fund(s): Comments: RECOMMENDATION: City staff recommends the approval of the Interlocal Agreement with TBD -Q Packery Pointe, LP for Park Road 22 and Aquarius Drive intersection improvements. LIST OF SUPPORTING DOCUMENTS: Traffic Signal Improvements Agreement Ordinance Project Budget Location Map Presentation C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@BCO5CBFD\@BCL@BCO5CBFD.DOCX Ordinance amending the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 by appropriating $420,000 in Developer contributions from TBD -Q Packery Pointe, LP (Developer), increasing expenditures by $420,000 in the FY 2015 Capital Improvement Budget, and authorizing the City Manager, or designee, to execute a Traffic Signal Improvement Agreement between the City of Corpus Christi and Developer for the Park Road 22 and Aquarius Drive intersection and roadway improvements. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is amended to add Developer contribution in the amount of $420,000 to Street Capital Improvement Fund 3530 for the Park Road 22 and Aquarius Drive Intersection and Roadway Improvements. SECTION 2. Expenditures in the amount of $420,000 are increased in the FY 2015 Capital Improvement Budget adopted by Ordinance No 030303 in the Street CIP Fund 3530. SECTION 3. The City Manager or designee is authorized to execute a Traffic Signal Improvements Agreement with the Developer to share in costs for the intersection and roadway improvements at Park Road 22 and Aquarius Drive intersection. 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 PROJECT BUDGET Traffic Signal Improvements Agreement Park Road 22 and Aquarius Intersection and Roadway Improvements PROJECT FUNDS AVAILABLE: Developer Contribution $ 420,000 City Share (Street Bond 2014 TxDot Participation) 285,625 Total Funds Available $ 705,625 Fees: Construction Estimate (TxDOT Let) $ 650,000 Engineering Review Charge Payable to TxDOT (Estimate) 19,500 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 11,375 Engineering Services (Project Mgmt) 22,750 Misc 2,000 TOTAL 705,625 ESTIMATED PROJECT BUDGET BALANCE $ * Engineering costs were paid by the Developer directly to the Engineer. TRAFFIC SIGNAL IMPROVEMENTS AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Traffic Signal Improvements Agreement is entered into between the City of Corpus Christi, Texas (the "City") and TBD -Q PACKERY POINTE, LP, a Texas limited partnership (the "Developer"), and pertains to construction of traffic signal and roadway improvements at the intersection of Park Road 22 and Aquarius Drive in Corpus Christi, Texas. WHEREAS, the Developer submitted a Traffic Signal Warrant Study and Traffic Operation Study, which provided justification that the proposed traffic signal at the intersection of Park Road 22 and Aquarius Drive satisfied traffic signal warrants outlined in the Texas Manual on Uniform Traffic Control Devices (TMUTCD); WHEREAS, City and Developer have agreed to certain traffic signal and roadway improvements (the "Improvements"), more particularly described in the preliminary Intersection Improvement Plan prepared by Pape -Dawson Engineers dated August 2014 (the "Plans and Specifications"), excerpts of which are attached and incorporated as Exhibit A. WHEREAS, the Developer is committed to funding the sum of $420,000.00 to pay towards the costs of the Improvements, and the City has agreed to fund the remaining approximately $230,000.00 of the $650,000.00 total project costs inclusive of the required roadway and intersection improvements; and WHEREAS, the City has agreed to bid and construct the Improvements and will make the necessary arrangements with the Texas Department of Transportation (TxDOT) for approval of the modifications on Park Road 22 that meet the requirements of the City and Texas Department of Transportation. NOW, THEREFORE, the City and Developer agree as follows: Section 1. Payments by Developer. 1.1. Payment. Within twenty (20) days following the execution of this Agreement, the Developer agrees to remit to the City the sum of Four Hundred Twenty Thousand and no/100 Dollars ($420,000.00) as an advance for the reimbursement of the costs incurred by the City in the construction of the Improvements. 1.2. Engineering Costs. In addition to the above amount, the Developer agrees to pay the costs of Pape -Dawson Engineers in developing and finalizing the Page 1 of 5 Plans, Specifications and Estimates for the Improvements along with City - standard bid documents and submit the same to the City within forty-five (45) days from the execution of this Agreement. 1.3. Proportionality. The Developer agrees that the public improvements contemplated to be made by or at the expense of the Developer pursuant to this Agreement are proportional to the development on adjacent property being made by Developer under Section 212.904, Texas Local Government Code. Section 2. Construction of Improvements by City. 2.1. Construction. The City agrees to construct the Improvements in the manner outlined in the Plans and Specifications and in accordance with the City's engineering standards and all TxDOT requirements in effect at the time of construction. All such construction shall be completed within one (1) year from the date Developer submits final Plans, Specifications, Estimates and City - standard bid documents. 2.2. Costs of Construction. All costs of construction of the Improvements shall be paid by the City, and the Developer shall not be subject to any further assessments or fees concerning the costs of the Improvements. Section 3. General Terms and Conditions: 3.1. Term. The term of this Agreement will commence on the Effective Date (as defined below) and continue until completion of the objectives of this Agreement, unless terminated on an earlier date under other provisions of this Agreement or by written agreement of the City and the Developer, as provided for in Section 3.2 below. The Effective Date of this Agreement will be the date of full execution by the Parties. This Agreement will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 3.2. Amendment by Agreement. This Agreement may be amended at any time by mutual written consent of the City and the Developer, or its successors or permitted assigns. 3.3. Assignment. This Agreement and the rights of the Developer may be assigned to any subsequent owner of the adjacent property owned by Developer, subject to the prior written consent of the City, which consent will not be unreasonably withheld. Any assignment will be in writing, will specifically set forth the assigned rights and obligations and will be executed by the proposed assignee. 3.4. Cooperation. The Parties will cooperate with each other as reasonable and necessary to carry out the intent of this Agreement, including but not limited to the execution of such further documents as may be reasonably required. Page 2 of 5 3.5. Notice. Any notice given under this Agreement must be in writing and may be given: (i) by depositing it in the United States mail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid; (ii) by depositing it with Federal Express or another service guaranteeing "next day delivery", addressed to the party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or any agent of the party listed in this Agreement; or (iv) by facsimile with confirming copy sent by one of the other described methods of notice set forth. Notice by United States mail will be effective on the earlier of the date of receipt or three (3) days after the date of mailing. Notice given in any other manner will be effective only when received. For purposes of notice, the addresses of the Parties will, until changed as provided below, be as follows: City: With Copy to: Developer: With Copy to: City of Corpus Christi Attn: City Manager 1201 Leopard Street PO Box 9277 Corpus Christi TX 78469-9277 City of Corpus Christi Attn: City Attorney 1201 Leopard Street PO Box 9277 Corpus Christi TX 78469-9277 TBD -Q Packery Pointe, LP Attention: President 3462 Magic Drive, Suite 345 San Antonio, Texas 78229 John D. Bell Wood, Boykin & Wolter, P.C. 615 N. Upper Broadway, Suite 1100 Corpus Christi, Texas 78401 The Parties may change their respective addresses to any other address within the United States of America by giving at least five (5) days' written notice to the other party. The Developer may, by giving at least five (5) days' written notice to the City, designate additional parties to receive copies of notices under this Agreement. 3.6. Severabilitv; Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the Parties that the remainder of this Agreement not be affected, and, in lieu of each illegal, Page 3 of 5 invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable provision as is possible. Each of the rights and obligations of the Parties hereto are separate covenants. Any failure by a party to insist upon strict performance by the other party of any provision of this Agreement will not be deemed a waiver of such provision or of any other provision, and such party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement. 3.7. Applicable Law and Venue. The laws of the State of Texas govern the interpretation, performance, enforcement and validity of this Agreement. Venue will be in a court of appropriate jurisdiction in Nueces County, Texas. 3.8. Entire Agreement. This Agreement contains the entire agreement of the Parties and there are no other agreements or promises, oral or written between the Parties regarding the subject matter of this Agreement. This Agreement can be amended only by written agreement signed by the Parties. This Agreement supersedes all other agreements between the Parties concerning the subject matter hereof. 3.9. Exhibits, Headings, Construction and Counterparts. All schedules and exhibits referred to in or attached to this Agreement are incorporated into and made a part of this Agreement for all purposes. The section headings contained in this Agreement are for convenience only and do not enlarge or limit the scope or meaning of the sections. The Parties acknowledge that each of them have been actively and equally involved in the negotiation of this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting party will not be employed in interpreting this Agreement or any exhibits hereto. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, and all of which will together constitute the same instrument. This Agreement will become effective only when one or more counterparts bear the signatures of all the Parties. 3.10.Authority for Execution. The City certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with City ordinances. The Developer hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the certificate of formation and organizational documents. 3.11.Relationship of Parties. In performing this Agreement, both the City and Developer 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. Page 4 of 5 3.12.Survival of Terms. All representations, warranties, covenants and agreements of the Parties, as well as any rights and benefits of the Parties pertaining to the transaction contemplated hereby, will survive the original execution date of this agreement. 3.13. Disclosure of Interests. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached as Exhibit B. 3.14.Duplicate Originals. This Agreement shall be executed in duplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City and the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. EXECUTED in duplicate this day of , 2015. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: Rebecca Huerta City Secretary APPROVED AS TO RM: This 2 day of Lj , 2015. Miles Risley, City orney B. 2 ssistant City Attorney Ronald Olson City Manager TBD -Q PACKE POINTE, LP By: TBD Padr LLC Its Gener. 'artner By: /! t!'//% Walter G. Busby Manager / Page 5 of 5 , m 03 d , RON I• EXIST UMIMVPOVEO OINVEIAY ©�� W •1. IrICC I r \ N 1 `i T CORE PO[NTC 011VE - - - - - - - - - - - - - 036 -..---._-..-_ W RS -SR E(fi x 6 ) X a�Dixo nr- W ", EW I •moi 11 I 1-11 �—y /rf/ 1E 1 1 -1 FUTURE P/MWENT WARPING BY OTHERS _ OF EDGELYk sr N3 -5R —• �Np q�yp ri ams 0 ® 0 xEx E. III 11 2win -- .�- ..---------------NEN EM PACKERY POINTE DEVELOPMENT �- pfa - PAVEMENT MARKING ..moi ac LAYOUT (MST DO APER PARK ROAD 2? = 1IqN 7ESTffi%IND WIPIJ. MED, LaaEE _ ISS um gOE�E. S6� ECP — • — _ I - __ �(3. N 5) EXIST PAVEMENT WARRING �, -- - fEY15t-E0P 6-6 /�- y /��/,-�/� 6 I "_ rI (2. 1 5 r `� sT P 1176161 WR 1x6 OE01 pEypyl C;F INC y\� 1 •-� q�ypyL — (-...—:G' .r ......... ;.:+.4f 93-'11 �iTii sem l le, . „ . 031 /I' 07,cg, �. Wi NIST xi xMx• w x S) 5 b ,,,,,, CDG lla 6 1`7' $� yrFWr ___-_- ` EXIST PAVEMENT MMPot IXG� — PARR RDAD AO '1 `ilq ^1d�4 tf hi�e 1,,,;',4,,,4. C6151 PAv[r¢xi WR[IxE 111 EASTO I S I�WI; LANES_` •� M a.0 irk)/ i5- --_-�� - -•_ � (2.x 5) •— EZISi P�EIEi•WN{tlf� �• — N_Ex157 ECP f�tIIII `RD6 61 - �__�! ' ___ • f`u l+____________{ _ ___ _ NOTES: 1. ALL REFLECTIVE PAVEMENT 1461611665 TYPE 1 PLACED TIM 1FE 11. .ALL RE 2. ALL OLIEN510116 ARE 70 111E CENTER OF PAVEMENT ITEM UCSCRIPTIUM FAIT 0Tv .661x45. V4ES5 OT/ERNISE INDICATED. S ALL Ex1S2IM6 FCATLPIES ME 510131 SCREENED BACK. 06.56-2031 ALUMINUM 514161TV AM T 6601116A IPI SF EA 40 ~� b _ I.e. FADED. 0114-2025 0665-2@1 MR5.109151p1A. Tr 66011,.11, PREEMPAV MRN Il A 1111ARROV1 CA EA 2 2 MIMI. UM. 064 _'e 0666-2031 PREFAB PAY YB TY A 111111001 EA 2 w5. `gl 002-2011 REEL PAVIAOT 11 -C-R EA .S M.F.. ...L.= C. 0671-2031 61104010 EL I. EST PM WA 6 WA514IAD NEF Par MIX Tv 1.61141N 10 03 MEI Li LF 150 550 - 6.10-2036 RV P05AV WA TY 1011161x1161.0111ro1111.1F lF .0 RAISED REFLECTIVE PAVEMENT 73 - w0-2011 6110-2054 D11100 VA .116112111*Rnu PUPO41 PEEP. WATT x F 610 S0 ARS MARNGKIB MKER n 6110.2064 10NUL1 REF PAY WA Tv 1116114 1X116033801 F 550 LRS 6110-2062 6110-21366 REF PM ARE TY 11 1•1111114115L01 RCS PAV WATII1011116111101 L Li i .50 610 MIDI/TIMI WAXER TME/SPACE 1xlTEx6ELL01 SFE BEL011 u..r _ - 8 a'', 6110-2046 pEr PAV 101 Tv 111611. 1M115LO1 LF 90 0110MfN/SOL]D 1 . 7T II -C-R • 10' C -C J -PEEL PAY MR 353 ARROW MONO r .. w� ...--1141— 6601:0161•601603Mr 1010 601 V6 f06401AA1060630111 NUIYR 31MOA6114100TA1 AIxl A001 W VEf Ed A 00LAI4®L 4AOR M0E4 • Pienea au ei21/2OI1 8 9 6 8 IAT MONO 66 OEM MX= 14 AMA MR Y6 f9m ADQ RIBDTROQmST1T AM NmlAIt1M= CM 161 tilt 011E AW mWNW= MI6 NI MINES MMMUM 104L d 0. 1 MF 2 COUNTDOWN PEDESTRIAN SIGNAL (LEO) PEDEBSTRIAUTTONN L PUSH � RIO -101. RPOD RADD X I I h 1 W tI POLE C � Fp R3 SA COUNTDOWN PEDESTRIAN SIGNAL ILED1 PEDESTRIAN PUSH BUTTON LUMINAIRE LUMINAIRE 0 COUNTDOWN PEDESTRIAN SIGNAL CLEDI PEDESTRIAN PUSH BUTTON EASTBOUND (PARK ROAD 22) N. T. S. 1110-10LRPDD RADD RO- _Ig LUMINAIRE COUNTDOWN PEDESTRIAN SIGNAL IL ED) PEDESTRIAN PUSH DUTTON POLE E WESTBOUND (PARK ROAD 22) N. T. S. POLE 0 POLE B MI� LUMINAIRE ;3 COUNTDOWN PEDESTRIAN SIGNALIZED) PEDESTRIAN • - PUSH BUTTON 1— i g� COUNTDOWN PEDESTRIAN SIGNAL ILO) P550 PEDBUESTRIANTTON POLE B F. NORTHBOUND (AQUARIUS STREET) N. T. S. COUNTDOWN PEDESTRIAN 5IGNAL CLEDI RPDO POLE C COUNTDOWN PEDESTRIAN SIGNAL CLEDI PEDESTRIAN PUSH BUTTON L' I I POLE 0 _ F POLE SOUTHBOUND (PACKERY POINTE DRIVE) N. T. S. 1015115 55011.50 P.... nw... �.. w .410 5 010.00.10010.00.10..n. tup...4VOR PM E EXHIBIT A - Page 3 2.5• 12' LED SIGNAL NERD (YELLOW( N/ BACK PLATE SEE SHEET TS -F0-99 FOR AWEGS FOUNDATION 0ETA1L EASTBOUND PARK RD 22 (LOCATED 1.500 L.F. WEST OF AOUARIUSI NOT TO SCALE 2' CONDUIT STUO&0 OUT 6 CAPPED LEGEND A-1 . RADAR DETECTION 200E NEN CONDUIT 1TRENCNI NEN CONDUIT I90RE1 GROUND D01( TYPE A NOT TO SCALE ITEN DESCRIPT101 ON1T 007 0/11.200/ DRILL SHAFT 136 IN1 1.0 13.2 06114012 CONDI' (P0011501040112111 LF 1430 0111-2011 COOT (P50115010 20112 1211201E1 LF 235 0620-2012 MCC coca 063. 11 0100.01(0 LF 1661 06222002 CAOUNO /00 TTA 112231111/APRON EA S 0636-2003 4WI1AM S10NS I TY 01 g 21 0612-2025 2E14210 SEC 1121X1 LEO IY[L 1 EA 2 O614-2001 TRF 110 C81. ITT 11112000113moll LF (1115 0666-2031 INS TRF 110 PL TAlls 1 1 ARM 140.1 EA 1 LETaoJ — — 1000110 IICv1E1 0(10 ..g . P.... nw. F w.. r WI 1120110126201122210122 NRWA I10 26 190 000111200(3 510000W A0 MT AR 001 REENICLI ADTA 011 CLI 01 MR NI VI MUM G0G At =WATTS 002A TA f01A_ City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CIL 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: TBD -Q Packery Pointe, LP P. O. BOX: STREET ADDRESS: 3462 Magic Drive, Suite 245 CITY: San Antonio, TX ZIP: 78229 FIRM IS: I. Corporation 4. Association 8 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 None 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 None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name None 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 None 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 C of Corpus Christi, Texas as changes occur. Certifying Person: Walter G. Busby f Title: Manager (Type or Print) Signature of Certifying Person: Aadd %r DEFINITIONS 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." 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. PROJECT LOCATION Traffic Signal Improvements Park Road 22 and Aquarius Street CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 4 Corpus Chr sti Capital Programs Park Road 22 and Aquarius Drive Council Presentation August 18, 2015 Project Location Corpus Chr sti Capital Programs Existing Roadway 111L5110 Corpus Chr'sti Capital Programs 3 Proposed Roadway a Corpus Christi Capital Programs dvance Warning Signs 411 be provided (East West on Park Rd 22) 4 Project Schedule Corpus Chr'sti Capital Programs 2015 2016 Aug Sep Oct Nov Dec Design & Coordination with TxDOT Ja n Feb Mar Apr May Jun Construction Project Estimate: 330 Calendar Days 11 Months AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 18, 2015 Second Reading Ordinance for the City Council Meeting of August 25, 2015 DATE: August 11, 2015 TO: Ronald L. Olson, City Manager FROM: Alyssa Barrera, Business Liaison AlyssaB@cctexas.com (361) 826-3356 Terry Sweeney, Executive Director — CCDMD Terry@cctexasdmd.com (361) 882-2363 Approval of 2015 Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan CAPTION: Ordinance approving the Project & Financing Plan as proposed by the Board of Directors of Reinvestment Zone Number Three, Corpus Christi, Texas PURPOSE: The purpose of this item is to adopt the Amended Project & Financing Plan for Tax Increment Reinvestment Zone #3 ("TIRZ #3), which was approved by the TIRZ #3 Board on August 11, 2015. BACKGROUND AND FINDINGS: In 2008, the City of Corpus Christi created TIRZ #3 in the City's downtown, to support planned investments that were anticipated to revitalize the area. Immediately after the creation of TIRZ #3, changes in the economic climate put these investments on hold. Ordinance 027996 included a Draft Project & Financing Plan, but due to a refocus on primary employment and stabilizing our economy in the midst of the Great Recession, the TIRZ #3 Board never adopted the draft plan. In 2014, the City began the Downtown Area Development Plan ("DADP"), which consisted of in depth analysis on usage patterns, market demand and development costs. Our success with attracting new international development and the Port's diversification created a very positive environment and strong demand for a downtown that can represent our community. Though the DADP has been paused until the Comprehensive Plan efforts are completed, the studies gave the City solid information, enabling staff to utilize best practice research to identify our critical path to downtown revitalization. This item, the Amended Project & Financing Plan ("TIRZ #3 Plan"), creates incentive programs for TIRZ #3, designates key studies and authorizes administrative actions necessary to facilitate redevelopment downtown. The TIRZ #3 Plan was approved by TIRZ #3 Board on August 111H The TIRZ #3 Plan includes nine projects (further defined as programs or initiatives). The four programs proposed for FY 2016 — FY 2019 are focused on incenting immediate investment, increasing residential supply and building quality of life. The programs include: (1) Chaparral Street Property Improvement Grant Program, (2) New Tenant Commercial Finish -Out Grant Program, (3) Downtown Living Initiative, and (4) Project Specific Development Agreement Funds for these programs will be allocated annually. Applications for programs 1-3 will be accepted until the allocation has been committed for that fiscal year. The five initiatives are necessary to unlock some of the larger scope issues that impact downtown's functionality. Staff will undertake these initiatives, which are designed to strategically plan and gather data to make well-founded decisions for pubic section activity. The initiatives are: (5) Site Assembly & Development, (6) Parking Study & Development, (7) Traffic Pattern Study & Streetscapes, (8) Other Programs & Initiatives, and (9) Management & Professional Services Upon completion of the DADP, anticipated at the end of 2015, the TIRZ #3 Plan will be updated to include refined policies. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms with the Tax Code and City Charter. EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue RECOMMENDATION: Staff recommends approving the Amended Project and Financing Plan. ❑ Capital X Not applicable LIST OF SUPPORTING DOCUMENTS: Council Resolution — TIRZ #3 Amended Project & Financing Plan Exhibit A - TIRZ #3 Amended Project & Financing Plan TIRZ #3 Board Resolution — TIRZ #3 Amended Project & Financing Plan Example - TIRZ #3 Application Powerpoint — TIRZ #3 Amended Project & Financing Plan Ordinance approving the Project & Financing Plan as proposed by the Board of Directors of Reinvestment Zone Number Three, Corpus Christi, Texas WHEREAS, in 2008, through Ordinance 027996, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Three, Corpus Christi, Texas", over a portion of the city that includes the city's downtown area; WHEREAS, Ordinance 027996 included a preliminary reinvestment zone financing plan; WHEREAS, the Board of Directors of the Reinvestment Zone Number Three met on August 11, 2015 and adopted the "2015 Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan", a true and correct copy of which is attached to and incorporated into this ordinance as "Exhibit A"; WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the attached Project & Financing Plan ("the Plan") for the Reinvestment Zone Number Three, Corpus Christi, Texas as proposed and approved by the Board of Directors of Reinvestment Zone Number Three. A copy of the Plan is attached and incorporated as "Exhibit A". 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 City of Corpus Christi / Corpus Christi Downtown Management District Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan Introduction Tax Increment Financing is an economic development tool authorized by Chapter 311 of the Texas Tax Code, through which governments can designate a portion of tax increment to finance improvements to promote development of a defined area, called a "Reinvestment Zone." The defined area must meet one of the five criteria outlined in Chapter 311. In 2008, through Ordinance 027996, the City of Corpus Christi created Tax Increment Reinvestment Zone #3 ("TIRZ #3" or "the Zone"), over a portion of the city that includes the city's Downtown area. There have been three amendments to the ordinance; expansion of boundaries (April 2009), correction of termination date (March 2012) and correction of board composition (August 2014). A change in the economic climate immediately after the creation of TIRZ #3 hindered the performance of the fund and prevented any investment from occurring. Throughout this time, there has not been an update to the Preliminary Project & Financing Plan in the 2008 Ordinance. This document, the 2015 Amended Project & Financing Plan, is intended to replace the previous Project & Financing Plan and any future amendments will modify this version. This 2015 Amended Project & Financing Plan is based on research conducted for the Downtown Area Development Plan (DADP), currently underway. Upon completion of the DADP, there will be an amendment to refine aspects of the 2015 Amended Project & Financing Plan. TIRZ #3 consists of a Board of Directors and is supported by the City Manager's designee, currently the City's Business Liaison, and the Executive Director of the Corpus Christi Downtown Management District (DMD). Criteria for Zone Creation The 2008 Project Plan stated that the defined area of TIRZ #3 qualified for designation as a "Reinvestment Zone" because it suffered from "economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment." Conditions listed that met the Criteria of Chapter 311, Section 005 included: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to Chapter 311, these conditions must "substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use." Wage City of Corpus Christi / Corpus Christi Downtown Management District Conditions in 2008 met these requirements, as indicated by the Market and Economic Study undertaken at that time. While our community has benefitted from a boost in economic activity since 2008, the Downtown did not see the same level of development. This solidifies the 2008 position that conditions would not be overcome or corrected without significant intervention and assistance from the public sector. A Consistent Vision for Downtown For decades, efforts had been made to improve and revitalize Downtown Corpus Christi, with various levels of success. The 2006 Downtown Redevelopment Vision resulted in the creation of TIRZ #3, but a change in environment prevented immediate implementation. Other efforts have included: 2004 — Bayfront Master Plan 2006 — Downtown Redevelopment Report 2013 — Central Business Development Plan 2014 — RUDAT 2015 — Downtown Area Development Plan (Underway) The 2006 Redevelopment Report vision statement is consistent with the vision illustrated in the 2015 Downtown Area Development Plan, which is currently in draft form. "Downtown Corpus Christi is a safe, clean, pedestrian friendly community comprised of a central business district, arts and culture, sports and entertainment areas. This unique vibrant waterfront community will provide local residents, tourists and families' opportunities to enjoy fine restaurants, shops and residential facilities." Anticipated Zone Role in Downtown Improvements The 2008 Market and Economic Study indicated the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. It stated that the "current structure of Corpus Christi's economy, the aging of existing development, and inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in Downtown." The 2014 Analysis of Residential Market Potential repeated those themes, with extra emphasis on residential development and introduction of the concept of gap financing. Additionally, the 2015 environment has the new dynamic of regional investment valued at tens of billions of dollars. The primary functions of TIRZ #3 will be • To Support Private Sector Development & Investment • To Plan & Construct Public Improvements • To Provide Revitalization Focused Programs & Services The Zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a changed public environment in Downtown. By improving and enhancing streets, sidewalks, and public spaces, plus upgrading utilities, the zone and the other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that Downtown will become a vibrant and economically vital urban waterfront district with a variety of residential, retail, and lodging uses, a strong office base, and popular public facilities. 2IPage City of Corpus Christi / Corpus Christi Downtown Management District Project Plan Existing Uses and Conditions/Boundaries §311.01 (b) (1) The Zone includes approximately 856 acres wholly within the City of Corpus Christi. Its boundaries encompass nearly all of the Downtown area. A very wide variety of land uses are present within the TIRZ. The boundaries and land uses within the Zone are shown in Exhibit A. The existing conditions within the Zone are shown described generally below. A legal description of the Zone with a specific accounting for the proposed boundaries is given in Exhibit B. In the 2015 DADP, the identities of neighborhoods in the Downtown were emphasized as way to build unifying identities and create distinct experiences. Each of those regions is described generally below. SEA District - A large area of publicly owned cultural and entertainment facilities comprises the north end of the zone. These facilities include: • Port of Corpus Christi's Ortiz Center • American • Corpus Christi Museum of Science & Bank History Convention • Art Museum of South Texas Center & Arena • Whataburger Field • Harbor Playhouse • Brewster Street Icehouse • Heritage Park — Restored Historic Homes, now used as Non -Profit Offices or Cultural Museums. Moving south, the next few blocks vary between vacant, undeveloped land and low density residential, bordered to the west by Port facilities and storage space, southeast by the Port of Corpus Christi Offices and the Federal Courthouse. The southern portion of the SEA District also includes two restaurants, a vacant hotel, U -Haul, Fire Station #1 and the historic Nueces County Courthouse. IH 37 is the physical southern border of this area, with the transition from a highway to on and off ramps coming to surface grade. Uptown — South of IH 37, a natural bluff distinguishes the high-rise, office building core of the Uptown. Broadway marks a topo-graphical change as the edge of a bluff, and the higher elevation area to the west of the street north of Lipan Street is characterized mainly by professional office uses, some in high- rise towers. TIRZ #3 picks up two blocks of Uptown, with Tancahua as the west border. Of Downtown's office properties, only the Frost Bank building is one of two Class "A" properties. Overall occupancy for the Downtown office market is around 80 percent. Outside of the Zone, Uptown continues to include major government anchors, including Corpus Christi Independent School District Offices, Nueces County Courthouse, a Regional Transportation Authority Service Center (under construction) and Corpus Christi City Hall. Marina Arts District (Downtown Management District) — The area east of Broadway is lower in elevation and features a walkable pedestrian grid with a mix of land uses, including hotels, office, residential and retail. The boundary of this neighborhood is based on the petition of property owners that created the Downtown Management District in 1993. This area is the historic center of Corpus Christi, but many of the original buildings have been demolished, due to neglect or natural disasters. The last large wave of construction occurred in the 1980's. The most recent investment large scale private investment is currently under construction, a $27 million residential property with ground floor retail, 31 Page City of Corpus Christi / Corpus Christi Downtown Management District the Cosmopolitan. The area is interspersed with surface parking lots and vacant, blighted property. In several places, public spaces and sidewalks are in deteriorated condition. Another unique feature of this neighborhood is the Corpus Christi Municipal Marina, spanning three man-made T -heads along the Bayfront. The Marina is comprised of over 600 slips, several restaurants and the Corpus Christi Yacht Club, the third oldest yacht club in the Gulf Coast. Bayshore Park Neighborhood — At Kinney Street, the Zone gets divided by a redundancy of roadways and a few vacant parcels. This portion of the Zone includes the YMCA, a Greek Orthodox Church, Episcopal Church, Methodist Church and several parks. Additionally, there is a mix of early 20th century single family homes and multi -family residential developments. The multi -family developments are truly a diverse mix, including high rise and mid -rise, market rate and affordable, ownership and rental, constructed at all different times with various architectural styles. Many of the original homes, especially at the south end of the neighborhood, have been converted to professional office use. This neighborhood would lend itself to the revitalization seen in older neighborhoods across the country, however an absence of neighborhood support services prevents the unification necessary to create this self identity. A potentially defining feature of this neighborhood is the 34 acres of park land for which the City is currently undergoing a Design -Build process to complete a Bond 2008 project that relocated traffic lanes to unite a patchwork of public space. The southeastern corner of the zone includes the Emerald Beach hotel and Marina del Sol condominiums. This neighborhood abuts the Christus Spohn Shoreline hospital complex. Christus Spohn Shoreline is just outside TIRZ #3 Boundaries, but the system is planning a $325 million investment in the community in the coming years. Municipal Ordinances §311.011 (b) (2) The City may modify existing ordinances in order to make the area in and around TIRZ #3 more friendly to the types of residential and recreational activity desired. Some other policies that will be updated include building design, setbacks and streetscape requirements, in order to establish a built environment that supports the downtown character. City Planned Improvements (Non Project Costs) §311.011 (b) (3) The City of Corpus Christi has over $29 million in improvement projects currently funded and in some stage of planning or construction, independent from this TIRZ #3 Project Plan. The City will continue to use Bonds packages a major source of public improvement funding. Project Source Timeframe Cost Shoreline Realignment Bond 2008 Ongoing $13,000,000 SEA District Improvements Bond 2012 2015-2016 $500,000 Chaparral St. Phase II Bond 2014 2015-2016 $9,000,000 Water Street Improvements Bond 2014 2015-2016 $5,000,000 Streetscape Improvements Bond 2014 2015-2015 $1,500,000 Wayfinding Program HOT Funds 2015 $200,000 Total $29,200,000 4IPage City of Corpus Christi / Corpus Christi Downtown Management District Relocation §311.011 (b) (4) No relocation of existing residents is anticipated to be required as part of the Project Plan. Financing Plan Estimated Project Cost Description (§311.011 (c) (1) & Kind, Number and Location of TIRZ Improvements §311.001 (c) (2) TIRZ #3 is anticipated to participate in projects that support the development and economic activity projected in the DADP, especially when cost of development creates a gap due to utility or infrastructure conditions. The initial focus is on residential and mixed-use development. 1. Chaparral Street Property Improvement Grant Program — This three-year matching grant program will support and encourage private investment in the built environment along Chaparral Street for active businesses. Due to its "Main Street" characteristics and its function of connecting the Marina Arts District (Downtown Management District Boundary) and SEA District, Chaparral Street is a first phase priority for successful revitalization of the Zone. During FY 2016-2019, TIRZ #3 will make $200,000 available per year to match approved property improvements funded by the property owners. The Zone will consider from a 50/50, up to 30/70 match, depending on how the scope of the project meets the priorities of the Zone. Applications will be accepted until the allocation is exhausted for each fiscal year. 2. New Tenant Commercial Finish -Out Grant Program— In order to support mixed-use developments and the demand for more dining and entertainment venues in the Downtown, the Zone will reimburse approved leasable new tenant finish -outs at a maximum rate of $10 per square foot. First -floor, active street use projects will be a priority consideration. During FY 2016- 2019, $100,000 will be allocated annually. Qualified expenses include: floor and wall upgrades, HVAC, kitchen equipment, awnings and other permanent, semi-permanent fixtures. Grant is reimbursable to the Tenant, but written approval must come from Landlord in application. Applications will be accepted until the allocation is exhausted for each fiscal year. 3. Downtown Living Initiative — The Residential Demand Study conducted for the DADP stated that over the next 5 years, 1,850 new units could be absorbed in the greater downtown if the threshold made investment attractive. Apartment occupancy was 94.2% in the first Quarter of 2015 (industry considers 96% to be full occupancy). In order to stimulate development, for FY 2016-2019, the Zone will provide a $10,000 per unit reimbursement grant for multi -family developments of over 10 units. Applications will be accepted until the allocation is exhausted for each fiscal year. 4. Project Specific Development Agreement — In situations where higher development costs create a financing gap, TIRZ #3 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net new tax increment. A pro -forma is required to qualify for up to 75% reimbursement of the new taxes for 10 years if a development is 5,000 sq. ft or creating 25 or more new residential units. If further gap exists, staff will undertake additional third party review to justify any additional reimbursement, based on the "but, for" principle. The qualifying elements for this Program include: • Environmental Remediation/Code Compliance 5IPage City of Corpus Christi / Corpus Christi Downtown Management District • Historic Preservation • Structured Parking • Urban Design/Landscaping • Public Improvements/Utilities • Residential Developments over 100 Units 5. Site Assembly & Development — In order to activate strategically located properties, TIRZ #3 may place properties under option and work towards developing proposals for development, then assist in acquisition and development of the properties. Additionally, the Zone may purchase properties outright for redevelopment, if approved by the Board. 6. Parking Study & Development— In key locations where parking is undersupplied or inadequately distributed, the Zone can assist in providing public parking facilities such as on -street spaces or off- street lots and structures. TIRZ #3 will contribute up to $100,000 for a study in FY 2016 in order to develop a strategic approach for parking in the Downtown. Additionally, the Zone may support any efforts City may undertake for appropriate parking management infrastructure such as meters, structured lots and occupancy monitoring systems. 7. Traffic Pattern Study & Streetscapes — TIRZ #3 may contribute to studies for traffic movement and improvements in roadway infrastructure (repaving, repair, widening, redesign), traffic management infrastructure (signals, signs), and beautification (landscaping in medians, special lighting, etc.). In FY 2016, the Zone will contribute up to $150,000 for a traffic pattern study. Additionally, pedestrian accommodations and streetscapes will be a priority. 8. Other Programs & Initiatives — TIRZ #3 will develop other programs and initiatives that will be presented to the Board for approval, during the life of the Zone. 9. Management & Professional Services- Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. These costs were originally estimated at $50,000 per year for the 20 -year life of the Zone, but to date the only dollars expended have been for state reporting requirements. Staff plans to strategically engage outside resources to evaluate revenue projections and continue to develop innovative, effective programs. Economic Feasibility Study §311.011 (c) (3) The 2008 Market and Economic Feasibility Study for TIRZ #3 was completed by CDS Market Research I Spillette. In 2014 and 2015, Goody Clancy completed additional studies that reflect the more recent environment, and emphasize the importance of residential development in any revitalization. Those studies include: • Residential Market Potential (Zimmerman/Volk) — final • Retail Market Analysis & Strategy (Mike Berne) — draft • Hotel, Office, Retail (W-ZHA, Sarah Woodworth) — draft • Incentives & Development Economics (W-ZHA, Sarah Woodworth) — draft 6IPage City of Corpus Christi / Corpus Christi Downtown Management District Estimate of Bonded Indebtedness §311.011 (c) (4) It was not anticipated that TIRZ would issue bonded debt, but would be funded on a pay-as-you-go basis. If the annual revenue and available non -bonded debt financing are insufficient to address the needs of TIRZ #3, we may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual Zone revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c) (5) Costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as- you-go project expenditure approach. The following table summarizes proposed planned expenditures for TIRZ #3 until FY 2019. Another set of programs will be proposed in FY 2018, based on an assessment of needs at that time. Schedule of Project Expenditures FY FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 Year 2015 2016 2017 2018 2019 Beg. Bal $1,563,751 $2,333,342 $1,730,387 $1,540,935 $1,631,307 + New Increment1 794,591 997,045 1,160,548 1,440,372 1,615,149 1 Chaparral Street Grant Program2 200,000 200,000 200,000 2 New Tenant Commercial Finish Out Grant Program2 100,000 100,000 100,000 3 Downtown Living Initiative2 1,000,000 1,000,000 1,000,000 4 Project Specific Development Agreement3 TBD TBD TBD TBD TBD 5 Site Assembly & Development 6 Parking Study & Development 100,000 7 Traffic Pattern Analysis & Streetscapes 150,000 8 Other Programs & Initiative 9 Management & Professional Services 25,000 50,000 50,000 50,000 50,000 Expenditure Totals 25,000 1,600,000 1,350,000 1,350,000 50,000 TIRZ Ending Balance 2,333,342 1,730,387 1,540,935 1,631,307 3,196,456 Notes: 1 Increment Projection developed by CCREDC, will be monitored closely to ensure program allocations 2 Program allocations will be authorized each Fiscal Year. 3 Incentive available will be based on the amount of investment and increment generated by private sector. Method of Financing and Sources of Revenue §311.011(c) (6) Methods of Financing. TIRZ #3 will initially take a primarily pay-as-you-go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Developer cash reimbursement agreements where the revenues from the Zone's property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project. 7IPage City of Corpus Christi / Corpus Christi Downtown Management District • If future Zone revenues to support debt service payments are anticipated, the Zone may also issue bonded debt, the term of which will not extend past the expected life of the Zone. Sources of Revenue. The primary source of revenue for TIRZ #3 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, and Del Mar College on the taxable property value increment within TIRZ #3. The City and County have agreed to participate in funding TIRZ #3 with 100% of the incremental property taxes collected over the life of the Zone. Del Mar College has committed to participating from the second through 2018, but may extend. The assessed value base year for the City of Corpus Christi is 2009; the base year or Nueces County and Del Mar College is 2010. The 2015 adjusted projection of incremental property tax revenue contributed to the Zone is as follows: Sources of Revenue Year Increment Value Tax Revenue City County Del Mar City County Del Mar TOTAL FY 10 $ 8,655,793 $ 50,400 $ - $ - $ 50,400 FY 11 21,931,954 4,698,427 4,674,139 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,665 15,290,811 129,988 54,227 39,451 223,666 FY 13 43,910,295 38,988,148 38,041,488 250,533 136,845 98,148 485,526 FY 14 57,920,528 52,767,539 51,604,697 338,988 179,932 129,355 648,275 FY 15 71,728,002 65,346,609 63,906,562 419,798 2,.,,,- 158,535 794,591 FY 16 90, 003, 549 81, 996, 244 80,189, 287 526,758 271,358 198,928 997,045 FY 17 104,763,037 95,442,631 93,339,356 613,140 315,858 231,550 1,160,548 FY 18 130,022,872 118,455,186 115,844,781 760,977 392,01E 287,380 1,440,372 FY 19 145,800,015 132,828,691 129,901,537 853,315 439,583 322,251 1,615,149 FY 20 173,112,004 157,710,826 154,235,343 1,013,162 521,928 382,616 1,917,707 FY 21 189,976,968 173,075,373 169,261,300 1,111,867 572,776 419,892 2,104,534 FY 22 207,413,655 188,960,778 184,796,638 1,213,917 625,347 458,431 2,297,695 FY 23 225,441,446 205,384,699 200,858,623 1,319,428 679,700 498,276 2,497,404 FY 24 244,080,379 222,365,390 217,465,110 1,428,515 735,896 539,472 2,703,883 FY 25 263,351,172 239,921,727 234,634,557 1,541,300 793,992 582,065 2,917,362 FY 26 283,275,244 258,073,223 252,386,047 1,657,908 854,068 626,102 3,138,077 FY 27 303,874,743 276,840,056 270,739,314 1,778,469 916,174 671,631 3,366,275 FY 28 325,172,564 296,243,083 289,714,756 1,903,118 980,387 718,704 3,602,209 FY 29 347,192,382 316,303,874 309,333,466 2,031,992 1,046,77E 767,373 3,846,141 $ 35,963,109 These estimates will continue to be monitored and adjusted quarterly. Current Appraised Value & Estimated Captured Appraised Value §311.011(c)(7), (8) According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $310,019,372. The table above projects taxable value increment captured by the Zone over the remainder of its duration, if all taxing entities continue participation. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the three jurisdictions. Captured value projections assume a 3.39% annual value appreciation rate for existing development, based on estimates by economist Dr. Ray Perryman and do not take into account future investments. 8IPage City of Corpus Christi / Corpus Christi Downtown Management District Duration of the Zone §311.011(c)(9) TIRZ #3 will exist until 2028, however, the Board, City and other taxing entities may agree to extend the Zone. 9IPage List of Exhibits Exhibit A Exhibit B City of Corpus Christi / Corpus Christi Downtown Management District TIRZ #3 Boundaries and Land Uses Legal Description 101 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit A— Boundaries & Land Use • TIRZ Boundary D • SEA District • Uptown • Marina Arts District (DMD) • Bayshore Park D Tax Increment Finance District #3 ff r-- • rut® 1111 Legend VOCMY "mj Wallop Land We MIo�..e MI amen.. atm., �. ;_"„., Meewe o..aa. MI ....A.+ M.. W rsomp.paens Mese ereyomene. eve. , eide.mait MOM. mope m ' ,...w.., n Form.,,. Prepared By. MB& �Rioting Date. Thursday, October 10 2007 9:14:41 AM Projoot Source. Cly of Corpus Chn$9 - Demlopmont S®rv7as City of Corpus Christi 111 Sage City of Corpus Christi / Corpus Christi Downtown Management District Exhibit B - Legal Description of the Zone BEGINNING AT A POINT on the center line of the Corpus Christi Ship Channel and commonly known as the Corpus Christi — Port Aransas Waterway at its intersection with the northerly extension of the West right-of-way line of Sam Rankin Street; Thence Easterly along the centerline of the Corpus Christi — Port Aransas Waterway to its intersection with the northerly extension of a line parallel with the breakwater 50' feet on the east side for a point in the Corpus Christi Bay and the Northeast corner; Thence Southerly along said line, being 50 feet on the East side and parallel with the breakwater, following the meanders of the breakwater in the Corpus Christi Bay to its intersection with an "A-2" zoning line approximately 1,000 feet from the shoreline and parallel with the East right-of-way line of Shoreline Boulevard for a point in the Corpus Christi Bay; Thence Southwesterly along said "A-2" zoning line extending parallel and approximately 1,040 feet from the East right-of-way line of South Shoreline Boulevard to its intersection with a second "A-2" zoning line extending parallel and approximately 1,000 feet from an existing 18 foot seawall easement, inside the Marina Del Sol Boat Harbor, for a point in the Corpus Christi Bay; Thence Southeasterly along said line 200 feet more or less past its intersection with the easterly extension of the south most boundary of Lot 3, Block 1 of Marina Del Sol Subdivision for a point in the Corpus Christi Bay and the Southeast corner; Thence Southwest along a line 200 feet more or less to the South and parallel with the extension of the south boundary of Lot 3, Block 1 of Marina Del Sol Subdivision to the Corpus Christi Bay Shoreline; Thence Northwest along the Corpus Christi Bay Shoreline to its intersection with the extension of the South most boundary of Lot 3, Block 1 of Marina Del Sol Subdivision; Thence Southwest along the South boundary of Lot 3, Block 1 of Marina Del Sol Subdivision, 540 feet more or less to the centerline of Ocean Drive for a point; Thence Northwest along the centerline of Ocean Drive to its intersection with the centerline of Morgan Avenue; Thence Southwest along the centerline of Morgan Avenue, to a point in the center line of Santa Fe Street for the Southwest corner; Thence Northwest along the centerline of Santa Fe Street to its intersection with the centerline of Hancock Street; Thence Southeast along the centerline of Hancock Street to its intersection with the centerline of South Tancahua Street:; Thence Northerly along the centerline of South Tancahua Street, passing Furman, Coleman, Park, Agnes, and Laredo Street, to a point in the centerline where South Tancahua becomes North Tancahua, and continuing along North Tancahua, passing Kinney, Blucher, Comanche, Lipan, Leopard, Antelope and Buffalo Street and continuing past IH 37 to its intersection with the centerline of the existing northwest frontage road of I.H. 37, for a point; Thence Northeast along the centerline of said existing northwest frontage road of I.H. 37 to its intersection with the South right-of-way line of West Broadway Street for a point; Thence along the South right-of-way line of West Broadway Street to its intersection with the westerly extension of the South right-of-way line of Concrete Street for a point; Thence Northeasterly along the South right-of-way line of Concrete Street extended, to its intersection with the north right-of- way line of West Broadway Street, for a point; Thence Northwesterly along the North right-of-way line of West Broadway Street to the Southeast property line of the City of Corpus Christi's Broadway Wastewater Treatment Plant; Thence Northeasterly along the City of Corpus Christi's Broadway Wastewater Treatment Plant Southeast property line to its intersection with the common South boundary line of Lots 1, Block 58 of the Beach Addition; Thence West along the South boundary line of Lot 1, Block 58 out of the Beach Addition, to its Southwest corner for a point; 121Page City of Corpus Christi / Corpus Christi Downtown Management District Thence Northwest along the common, West boundary line of Lots 1 thru 6, Block 58, of the Beach Addition, to its intersection with the South right-of-way line of Resaca Street; Thence Northeast along the South right-of-way line of Resaca Street to its intersection with the centerline of Tancahua Street, for a point; Thence Northwest along the centerline of Tancahua Street to its intersection with the centerline of Port Avenue, for a point; Thence Southwest along the centerline of Port Avenue, to its intersection with the West right-of-way line of Sam Rankin Street for an outside corner; Thence Northerly along the West right-of-way line of Sam Rankin Street and its extension to its intersection with the centerline of the Corpus Christi — Port Aransas Waterway center line in the Corpus Christi Ship Channel to the POINT OF BEGINNING. Excluded properties to meet state statute prohibiting Tax Increment Financing Districts from containing 10% or more of the area used for residential purposes: Beach Addition Block 55 Lots 10 thru 12 13 1 Page City of Corpus Christi — City Manager's Office Corpus Christi Downtown Management District Tax Increment Reinvestment Zone #3 Application for Incentives Applicant Name: Phone: Email: Check Programs Applicant is Requesting: ❑ Chaparral St. Property Improvement Program ❑ Downtown Living Initiative Grant ❑ New Commercial Tenant Finish Out Program ❑ Development Agreement (Choose Qualified.ense Belo' n Public Improvements/Utilities nPreferre.'`V'rban Design/Landscaping n Structured Parking nHistoric Preservation/Rehab n Environmental Remediation/ Code Compliance, n Residential Development over 100 Units Date: Address of Property: Legal Description: Real Existing ProeUse: Title/C Appli Title/Con b Holder Ad Phone: Project Informati ❑ New Structure n Renovation/Historic Rehab Email: Different from fNew Structure (Demo of Existing) nConversion Proposed Occupancy: ❑ Owner -Occupied n Rental Property Needs: n Re -Zoning ❑ Re -Platting n Infrastructure Connections Brief Project Description: Tax Increment Reinvestment Zone #3 Application 1 City of Corpus Christi — City Manager's Office Corpus Christi Downtown Management District Current Property Value: Proposed Investment: Estimated Start Date: _ Completion Date: Required Attachments: (A) Project Plans, Specifications and Drawings (B) Pro -Forma and Financing (Sources and Uses of Funding) (C) Summary of Partners, Professional Consultants and Exrience of Team CERTIFICATION 1 hereby certify that I am authorized to sign the incentive application and the information contained in the application is true and correct to the best of my knowledge. 1 also understand and certify that 1 have read the policy guidelines for each policy in which 1 am applying for and am familiar with the provisions contained therein. I hereby warrant that all construction will be accordance with the City of Corpus Christi Building Codes; that work will not commence on items eligible for reimbursement until this application has been submitted to and an agreement approved by the Board of Directors of the Zone. To the best of my knowledge, no member of the Board of Directors or employee of the Downtown Management District or City of Corpus Christi would have any financial interest, direct or indirect, in any assistance which may provide to the applicant (or any of its affiliates) for the project described herein. Date: The application must be complete and returned for consideration prior to the submission of an application for a building permit or the issuance of a certificate of occupancy, whichever comes first. Upon receipt of this application, the City of Corpus Christi shall require such financial and other information as may be deemed appropriate for evaluating the financial capacity and other factors of the applicant. For more information or questions please call Alyssa Barrera, Business Liaison for the City For Internal Use Only: Received by City Manager's Office: Date: Received by DMD: Date: Reviewed by CCREDC: Date: Project Manager Assigned: Tax Increment Reinvestment Zone #3 Application 2 City of Corpus Christi — City Manager's Office Corpus Christi Downtown Management District Manager's Office at (361) 826-3356. Tax Increment Reinvestment Zone #3 Application 3 Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan August 18, 2015 How Tax Increment Funds Work Participation Corpus 100% Christi Nueces 100% County Del Mar 100% College $$$ Assessed Value Incremental AV Incremental tax revenue for TIF to pay project Base AV AV belongs to all other taxing entities in TIF TIF Term Ended Total AV now belongs to all taxing entltes TIF Created 20 Year TIF TIF Term Ends Shows normal or market driving portion of TIF growth, versus total including developer's investment. Where is the TIRZ? • TIRZ Boundary U • SEA District • Uptown Q • Marina Arts District (DMD) • Bayshore Park 11 Project Categories 1) Chaparral Street Property Improvement Grant Program 2) New Commercial Tenant Finish Out Grant Program 3) Downtown Living Initiative 4) Project Specific Development Agreement 5) Site Assembly & Development 6) Parking Study & Development 7) Traffic Pattern Study & Streetscapes 8) Other Programs & Initiatives 9) Administrative & Professional Services Proposed Programs 1) New Commercial Tenant Finish Out Grant Program • 3 Year Program, FY 2016-2019 • $100,000 Allocated Annually • Match - Up to $10/Sq. Ft. • Dining, Entertainment or Mixed Use • Reimburse Tenant, Approval from Landlord Proposed Programs 2) Chaparral Street Property Improvement Grant Program • 3 Year Program, FY 2016-2019 • $200,000 Allocated Annually • 50/50 to 30/70 match • Creates density on "Main Street" Proposed Programs 3) Downtown Living Initiative • 3 Year Program, FY 2016-2019 • Developer Incentive, $10,000 per Unit • Minimum 10 Units to Qualify • Annual Allocation for 100 Units per Year Best Practice Examples • San Antonio - $6,000 Loan/Unit, created 3,000+ • Houston - $15,000 Grant/Unit, created 5,000 Proposed Programs 4) Project Specific Development Agreement • Up to 75% of 10 Year Reimbursement • Minimum 5,000 Sq. Ft. or 25 Residential Units • Qualifying Cost Categories: • Environmental Remediation/Code Compliance • Historic Preservation • Structured Parking/ Parking Solutions • Urban Design/Landscaping • Public Improvements/Utilities • Multifamily over 100 Units (cannot combine with DLI) Proposed Initiatives 5) Site Assembly & Development 6) Parking Study & Development • FY 16 -Parking Management Study • Create diverse access to 13,000+ spaces 7) Traffic Pattern Study & Streetscapes • FY 16 -Traffic Pattern Analysis • Minor Streetscape/Lighting Improvements 8) Other Programs & Initiatives 9) Management & Professional Services Projected Budget FY FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 Year 2015 2016 2017 2018 2019 Beg. Bal $1,563,751 $2,333,342 $1,730,387 $1,540,935 $1,631,307 + New Increment) 794,591 997,045 1,160,548 1,440,372 1,615,149 1 Chaparral Street Grant Program2 200,000 200,000 200,000 2 New Tenant Commercial Finish Out Grant Program2 100,000 100,000 100,000 3 Downtown Living Initiative2 1,000,000 1,000,000 1,000,000 4 Project Specific Development Agreement3 TBD TBD TBD TBD TBD 5 Site Assembly & Development 6 Parking Study & Development 100,000 7 Traffic Pattern Analysis & Streetscapes 150,000 8 Other Programs & Initiative 9 Management & Professional Services 25,000 50,000 50,000 50,000 50,000 Expenditure Totals 25,000 1,600,000 1,350,000 1,350,000 50,000 TIRZ Ending Balance 2,333,342 1,730,387 1,540,935 1,631,307 3,196,456 Notes: 1 Increment Projection developed by CCREDC, will be monitored closely to ensure program allocations 2 Program allocations will be authorized each Fiscal Year. 3 Incentive available will be based on the amount of investment and increment generated by private sector. 10 City Tax Rate County Tax Rate Del Mar Tax Rate 0.585264% 0.33094% 0.24807% Project Specific Development Agreement Example • Project valued at $24,000,000 in improvements. Improvement Value v K i= - v U C Y1 $ 24,000,000 City $ 140,463 County $ 79,426 Del Mar $ 59,538 TOTAL $ 279,427 75% of TOTAL $ 209,570 X10 Years= Total Tax Rate 1.164279% c City $ 1,404,634 x County $ 794,261 ~ vU Del Mar $ 595,375 C TOTAL $ 2,794,270 75% of TOTAL $ 2,095,702 75% Over 10 Years = 8.7% of Total Cost AGENDA MEMORANDUM 1St Annexation Public Hearing for the City Council Meeting of August 25, 2015 2nd Annexation Public Hearing for the City Council Meeting of September 8, 2015 DATE: August 4, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director of Development Services dang@cctexas.com 361-826-3595 Annexation public hearings to consider the proposed Municipal Services Plan for annexing 4.08 acres of land into the territorial limits of the City of Corpus Christi CAPTION: Local Government Code, Chapter 43.063(a) requires the City to conduct two public hearings prior to First Reading of an Annexation Ordinance. PURPOSE: The purpose of the two required public hearings is to present the proposed Municipal Services Plan for the seven tracts of land proposed for annexation and to receive public comments. BACKGROUND AND FINDINGS: In accordance with Ordinance 029958, companies in the Industrial District have the option of entering into an Industrial District Agreement (IDA) for payment in lieu of taxes at a reduced rate, or being annexed. After extensive efforts to accommodate the five companies below, staff is recommending annexation of seven tracts of land, encompassing 4.08 acres of land, located in the Industrial District No. 1 as follows: • Coastal States Petroleum — indicated preference for annexation on two tracts. • Coastal Liquids Partners — disclaimed land ownership by all parties, no one to sign IDA on two tracts. • ABTEX — defunct company, no one to sign IDA. • Exxon Pipeline Co. — indicated preference for annexation. • Koch Gathering Sys Inc. — indicated preference for annexation In order to comply with the Local Government Code which allows the City to have an Industrial District, the City may annex properties that do not enter into an IDA. There are no known dwellings or residents on these seven tracts. In addition, these tracts do not currently have Nueces County Appraisal District agricultural, timber land or wildlife management property tax exemptions. Since there are no residents of the seven tracts, due to the small size of the properties to be annexed and due to the fact that the properties can be served by existing city services, the city proposes no capital improvements for the area at this time. However, as the properties develop the City will prioritize and incorporate public improvement needs for the tracts into the City's Capital Improvement Program. Upon annexation, police, fire, emergency services, and solid waste services (residential uses only) will be provided by the City. Due to the small size of the annexation areas, lack of dwellings and location near existing served areas, costs to service the areas will be absorbed into the existing departmental budgets. Upon annexation, development of the properties will be subject to all land development codes of the City, including but not limited to the City's Unified Development Code and building permit codes. Extension of water, wastewater and gas services shall be extended by any of the methods that the City normally uses to extend these services through the City's platting regulations or the City's Capital Improvement Program. ALTERNATIVES: 1. To not annex some or all of the areas. 2. To continue to offer these land owners an Industrial District contract. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The proposed annexation is consistent with the adopted Future Land Use Plan and the City's Industrial District Agreement (Ordinance 029958). EMERGENCY / NON -EMERGENCY: Non -emergency reading. DEPARTMENTAL CLEARANCES: Legal City Manager's Office 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 Comments: Due to the lack of residents and small size of the areas, costs to provide services will be absorbed into the City Budget. Similar to other parts of the City, as growth occurs, improvements will be placed in the City's Capital Budget as needed. RECOMMENDATION: No action is required other than to present the Annexation Service Plan and to take public comments LIST OF SUPPORTING DOCUMENTS: Annexation Schedule Proposed Ordinance and Municipal Services Plan Annexation Schedule 7-14-2015 — Future Item on City Council Agenda - Done 7-21-2015 — City Council Annexation Resolution - Done 7-24-2015 — Letter to Property Owners - Done 8-25-2015 — 1st City Council Public Hearing 9-08-2015 — 2nd City Council Public Hearing 8-26-2015 — Planning Commission Public Hearing on zoning 9-29-2015 — 1st Reading of an Ordinance 10-13-2015 — 2nd Reading of an Ordinance — Annexation Complete 10-13-2015 — City Council Public Hearing and 1st Reading on zoning 10-20-2015 — City Council 2nd Reading on zoning AN ORDINANCE ANNEXING SEVEN TRACTS OF LAND LOCATED IN INDUSTRIAL DISTRICT NO. 1; PROVIDING FOR A MUNICIPAL SERVICES PLAN FOR THE ANNEXED TRACTS OF LAND; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; DESIGATING AREA TO BE ADDED TO CITY COUNCIL DISTRICT NUMBER 1; PROVIDING FOR SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corpus Christi desires to annex land, located in Industrial District No. 1, where the property owners have not executed an Industrial District Agreement with the City; WHEREAS, on August 25th and September 9th, 2015, public hearings were held by the City Council, during City Council meetings held in the Council Chambers, at City Hall, in the City of Corpus Christi, following publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi, for the consideration of annexation proceedings and the service plan for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection, including on the City's website on August 24, 2014 and made available for public discussion at public hearings on August 25th and September 9, 2015; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi or properties in Industrial District No. 1 that have signed an Agreement and are considered as making the properties being annexed contiguous and adjacent under the law; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; WHEREAS, this annexation will leave out property where the property owner has signed a Development Agreement with the City of Corpus Christi as per Local Government Code Chapter 43; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council finds that annexing seven tracts of land in Industrial District No. 1, where the owners of the tracts of land have declined to enter into an Industrial District Agreement with the City of Corpus Christi, is in the public interest. SECTION 2. That the seven tracts of land consisting of 4.08 acres of land, more or less, out of Industrial District No. 1, and located between Nueces Bay and IH -37 and between Carbon Plant Road and Corpus Christi Bay, are annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The seven tracts of land are described by metes and bounds and a map for each tract are in the Municipal Services Plan attached to this ordinance. SECTION 3. That there is approved, as part of this annexation ordinance, a Municipal Service Plan. The Service Plan, attached to this ordinance, is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 4. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 5. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas and as required by the City's Unified Development Code section 4.1.5 Newly Annexed Territory, the area shall be designated with an initial "FR" Farm and Rural District. SECTION 6. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 7. That the territory annexed to the city shall be added to City Council District No. 1; SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 9. This ordinance goes into effect at a.m,_, 2015. 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 day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Municipal Services Plan for Industrial District No. 1 Tracts Overall Existing Land Uses Vacant Residential Industrial Public Semi Public Right -of -Way Total Acres 1.34 0 3.74 0 0 4.08 There are no dwelling units, residents, or streets in the annexation areas. Specific Information Tracts Tract 1 Tract 2 Tract 3 Tract 4 Tract 5 Tract 6 Tract 7 Owner ABTEX Brinkerhoff Oil Co Coastal States Petroleum Co Coastal States Petroleum Co Coastal Liquids Partners LP Coastal Liquids Partners LP Exxon Pipeline Co Koch Gathering Sys Inc NCAD Acreage Value 1.09 0.96 0.58 0.10 0.92 0.18 0.25 4.08 19,710 121,403 73,347 11,863 115,000 8,138 8,174 357,635 Percent 33% 0 67 0 0 100% Ag, Timber or Wild Life Exemption No No No No No No No Improvements Vacant Ind. Building Gas Tank Gas Tank Ind. Building Ind. Building Vacant TRACT 1 1,09 ACRES INDUSTRIAL DISTRICT NO. 1 ICL ci OUTSIDE cITY LIMITS 9 senwECK ao INSIDE CITY LIMITS (ICL) TRACT 4 .10 ACRES TRACT 2 8 3 1.55 AC RES JOE FIILTON INTL TRADE COR LEOPARD ST TRACT 6 .18 ACRES IN IF TRACT 7 .25 ACRES TRACT 5 .92 ACRES Legend 1=1 xels annum. F... DISIIIC P CRp LIMO MUNICIPAL SERVICES PLAN FOR THE IDUSTRIAL DISTRICT NO. 1 TRACTS INTRODUCTION This Municipal Services Plan ("Plan") is made by the City of Corpus Christi, Texas pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the annexation of approximately 4.08 acres of land generally located in Industrial District No. 1, located between the south shores of Nueces Bay and IH -37 and Carbon Plant Road and Corpus Christi Bay. Exhibit A, attached to this Plan contains a metes and bounds description and a map of each of the tracts. This plan will be attached to the ordinance annexing the Industrial District No. 1 Tracts. The proposed annexation of the Industrial District No. 1 Tracts will follow all of the requirements contained in the Texas Local Government Code Chapter 43 required for annexation, including but not limited to, requirements for public notice and public hearings. In addition, this proposed annexation satisfies Chapter 43, Section 43.052.h, that exempts an area or areas proposed for annexation from the requirement that an area to be annexed must first be included in the City's Annexation Plan for three years prior to adoption of an annexation ordinance. Section h. specifies that if an area contains less than 100 residential units on separate tracts, then the area to be annexed is "exempt" from the plan requirement. Based on a land use analysis and appraisal district records for the area there are no dwellings on any of the tracts proposed for annexation. Therefore, the tracts of land proposed for annexation are "exempt" from the annexation plan requirement. EFFECTIVE TERM This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation, unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. INTENT The City Council of the City of Corpus Christi, Texas, finds and determines that this Plan will not provide any fewer services or a lower level of services in the annexation areas than were in existence in the annexation areas at the time immediately preceding the annexation process. The service plan will provide the annexed areas with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the areas. The City reserves the right guaranteed to it by the Texas Local Government Code to amend this Plan if the City Council determines that changed conditions or subsequent occurrences or any other legally sufficient circumstances exist under the Local Government Code or other Texas laws to make this Plan unworkable or obsolete or unlawful. SERVICE ELEMENTS 1. General Municipal Services. The subject properties are located within the City's extraterritorial jurisdiction and are more particularly described in the Ordinance to which this service plan is attached. Pursuant to this Plan, the following services shall be provided immediately from the effective date of the annexation: a. Police protection as follows: Routine patrols of areas, radio response to calls for police service and all other police services now being offered to the citizens of the City at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. b. Fire Protection Services as follows: Fire protection by the present personnel and equipment of the City fire fighting force with the limitations of water available at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. c. Emergency Medical Services as follows: Radio response for Emergency Medical Services with the present personnel and equipment at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. d. Solid waste collection services as follows: Solid waste collection and services as now being offered to the citizens of the City at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. e. Operation and Maintenance of Water and Wastewater Facilities Water and wastewater service will be provided in accordance with the Corpus Christi Code of Ordinances, Utility Department Policies and engineering standards at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. f. Operation and Maintenance of Roads and Streets, including Street Lighting No public streets are proposed for annexation, however the City will maintain public streets over which the City has jurisdiction at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. Any and all roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations and fees of the utility. g. Street Department services include: • Emergency pavement repair; • Maintenance of public streets; and • Traffic Engineering. Following annexation, public streets for which the city has jurisdiction will be included in the City's preventive maintenance program. Preventive maintenance projects are prioritized on a Citywide basis and scheduled based on a variety of factors, including pavement roughness, rideability, age, traffic volume, functional class, and available funding. Any necessary rehabilitation or reconstruction will be considered on a citywide priority basis. The Traffic Engineering Division of the Street Department will also provide regulatory signage services in the annexation area. All regulatory signs and signals are installed when warranted following an engineering study. All roadways are re -striped and remarked and signage replaced as needed. Immediately following annexation, all properties will be subject to the City's monthly street fee program. The street fee is a monthly fee which is collected from Corpus Christi residents and business owners and which appears on their monthly utility bills. Operation and Maintenance of Parks, Playgrounds and Swimming Pools Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. At this time there are no public recreational facilities in the annexation area including parks, playgrounds, and swimming pools. h. Operation and Maintenance of any other Publicly -Owned Facility, Building, or Service. At this time there are no such other publicly owned facilities. If the City acquires any facilities and buildings within the annexation area, a City department will provide maintenance services at the same level of service now being provided to other areas of the City with similar topography, land use and population density. i. Other Services. All other City Departments with jurisdiction in the area will provide services according to City policy and procedure. 2. CAPITAL IMPROVEMENTS PROGRAM The City will initiate the construction of capital improvements for providing municipal services for the annexation area as necessary. Each component of the Capital Improvement Program is subject to the City providing the related service directly. In the event that the related service is provided through a contract service provider, the capital improvement may not be constructed or acquired by the City but may be provided by the contract provider. The City may also lease buildings in lieu of construction of any necessary buildings. a. Police Protection. No capital improvements are necessary at this time to provide police services. b. Fire Protection. No capital improvements are necessary at this time to provide fire services. c. Emeraencv Medical Service. No capital improvements are necessary at this time to provide EMS services. d. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services. e. Water and Wastewater Facilities. The annexation area will be included with all other areas of the city in the City's Capital Improvements Program. Water and wastewater services to new development and subdivisions will be provided according to the Corpus Christi Code of Ordinances, Corpus Christi Unified Development Code and the Water and Wastewater Department standards, which may require the developer of a new subdivision or site plan to install water and wastewater lines. f. Roads and Streets. No road or street related capital improvements are necessary at this time. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and future installation of related facilities, such as traffic control devices, will be governed by the City's standard policies and procedures. g. Parks. Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. h. Street Lighting. No capital improvements are necessary at this time to provide services. Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. i. Other Publicly Owned Facilities. Building or Services: Additional Services. In general, other City functions and services, and the additional services described above can be provided for the annexation area by using existing capital improvements. Additional capital improvements are not necessary to provide City services. j. Capital Improvements Planning. The annexation area will be included with other territory in connection with the planning for new or expanded facilities, functions, and services as part of the City's Capital Improvement Plan. AMENDMENT: GOVERNING LAW This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. FORCE MAJEURE In case of an emergency, such as force majeure as that term is defined in this Plan, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Plan as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Plan. SPECIFIC FINDINGS The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. EXHIBIT A METES AND BOUNDS INDUSTRIAL DISTRICT NO. 1 TRACTS Seven tracts of land encompassing approximately 4.08 acres out of Industrial District No. 1, generally located between the south shore of Nueces Bay and IH -37 and between Carbon Plant Road and Corpus Christi Bay and more particularly described as follows save and except a portion of the property described in Exhibit B and attached herein in accordance with City Council approved Development Agreements per Local Government Code 43.035: Tract 1: ABTEX Brinkerhoff Oil Co. Nueces County Appraisal District Tax Id.: 0266-0000-0105 Nueces County Appraisal District Legal Description: Assessors Map 137, 1.095 acres out of Tract 11 Metes and Bounds Description: Warranty Deed filed in the Nueces County Deed Records, Volume 1956 Page 913-914 A 1.095 acre tract of land, more or less, being out of a 34.54 acre tract out of Survey 421, Abstract No. 572, in Nueces County, Texas, such 34.54 acre tract recorded at Volume 1482, page 1029, Deed Records of Nueces County, Texas, more particularly described by metes and bounds as follows: BEGINNING at a point on the Western boundary line of said 34.54 acre tract, from whence 3/4" iron pipe bears North 00° 14' 26" West, 211.31 feet; THENCE, South 46° 25' 30" East, 285.38 feet for the most easterly corner of such 1.095 acre tract; THENCE, South 38° 02' 56" West, 100.24 feet; THENCE, South 33° 56' 10" West, 100.25 feet; THENCE, South 39° 45' 45" West, 50.02 feet; THENCE, South 48° 27' 50" West, 71.95 feet to a point in the Western boundary line of said 34.54 acre tract for the Southern corner of this 1.095 acre tract; THENCE, North 00° 48' 52" West, a distance of 126.91 feet to a 1-1/2" iron pipe; THENCE, North 00° 14' 26" West, 318.09 feet to PLACE OF BEGINNING, and containing 1.095 acres of land; Together with that right of ingress and egress over and across that 34.54 acre adjoining tract of land out of Survey 421, Abstract 572, Nueces County, Texas, granted by Robert E. Jenkins as Grantor to T. M. Allen as Grantee in that certain Warranty Deed dated March 26, 1984, a copy of which is recorded in Volume 1912, pages 355-357, Deed Records, Nueces County, Texas, to which warranty Deed and the record thereof reference is here made for all purposes. Tracts 2 and 3: Coastal States Petroleum Co Nueces County Appraisal District Tax Id.: 3875-0000-0273 (Tracts 2 and 3 have the same NCAD Tax Id. Number) Nueces County Appraisal District Legal Description: Kaler Tract 1.558 Acs out of 20.99 tr Legal Description: 0.96 acres out of a 20.99 acre Kaler Tract Coastal States Petroleum — Tract 2 STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 42,000 SQ. FT. (0.96 Acre) of land out of a 3.23 Acre Tract as recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas. This 42,000 SQ. FT. tract being more particularly described by metes and bounds as follows: COMMENCING at the most Northerly Northwest corner of a 20.99 Acre tract as described by Warranty Deed dated April 12, 1966 and recorded in Volume 9198, Page 8 of the Deed Records ofNucces County, Texas; THENCE S06°22'33"E a distance of 384.00' to the northeast comer and Point of Beginning of this tract; THENCE S06"22'33"W through said 3.23 Acre Tract a distance of 140.00' to a westerly angle point therein, being the southeasterly corner of this tract; THENCE S83°37'29"W along a southerly boundary line of said 3.23 Acre Tract a distance of 300.00' to a Point, being the southwest corner of this tract; THENCE N06°22'33"W along a westerly boundary line of said 3.23 Acre Tract a distance of 140.00' to the most Westerly Northwest corner thereof, being the northwest comer of this tract; THENCE N83°3729"E along a northerly boundary line of said 3.23 Acre Tract a distance of 300.00' to the POINT AND PLACE OF BEGINNING and containing 42,000 SQ. FT. of land. Bearings are based on the east boundary line of an 82.23 Acre Tract as described in Volume 1116, Page308 of the Deed Records of Nueces County, Texas. State of Texas County of Nueces 1, Russell Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, hereby certify That the foregoing field notes were prepared by me from instruments of record. This the 09' day of July, 2015 6LA„,,JA oct Russell D. Ochs State of Texas License No. 5,241 Coastal States Petroleum — Tract 3 STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 25,185 SQ. FT. (0.58 Acre) of land out of a 3.23 Acre Tract as recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas. This 25,185 SQ. FT. tract being more particularly described by metes and bounds as follows: COMMENCING at the most Northerly Northwest corner of a 20.99 Acre tract as described by Warranty Deed dated April 12, 1966 and recorded in Volume 1198, Page 8 of the Deed Records of Nueces County, Texas; THENCE S06°22133"E a distance of 554.79' to the northwest corner and Point of Beginning of this tract; THENCE S85°05133"E through said 3.23 Acre Tract a distance of 134.67' to a Point on the easterly boundary line thereof, being an ankle point of this tract; THENCE S02°15'23"W along the easterly boundary line of said 3.23 Acre Tract a distance of 20.20' to a Point, being an angle point of this tract; THENCE N89°54'03"E continuing along the boundary line of said 3.23 Acre Tract a distance of 106.85' to a Point, being the northeast comer of this tract; THENCE S00°00'21 "W continuing along a easterly boundary line of said 3.23 Acre Tract a distance of 97.24' to the southeast corner thereof, being the southeast corner of this tract; THENCE S89°44' 10"W along the southerly boundary line of said 3.23 Acre Tract a distance of 165.04' to a Point, being an angle point of this tract; THENCE N67°38'49"W continuing along a southerly boundary line of said 3.23 Acre Tract a distance of 68.79' to a southwesterly corner thereof, being the southwest corner of this tract; THENCE N06°22'33"W along a westerly boundary line of said 3.23 Acre Tract a distance of 104.01' to the POINT AND PLACE OF BEGINNING and containing 25,185 SQ. FT. of land. Bearings are based on the east boundary line of an 82.23 Acre Tract as described in Volume 1116, Page308 of the Deed Records of Nueces County, Texas. 1, Russell Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, hereby certify that the foregoing Feld notes were prepared by me from instruments of record. This the 0911E day of July, 2015 D, OciL Russell D. Ochs State of Texas License No. 5,241 RUSSELL 0. OCHS CITY OF CORPUS CHRISTI VOL 1564, PC2. 211 - 212 D.R.FLC.T. a 1 POINT OF CO AWE NCEMEVT MOST NORTHERLY NORTHWEST CAR NER OFA 20.69 ACRESTRACT VOL. 1166, ROI O RN.C.T POINT OF E1C41NNINC TRACT 2 0.r IRON PIPE 1,279 ACS VOL. 2327, PG. 543 D.R. N.C.T, 9 OC22'33" E 30.790' 0.2099 ACRES TRACT OOC 1050091511-55 D.RN.GT. a TRACT 1 VOL. 1722. P. 552 0.R.N.C.T. PpGINNING OF TRACT 3 saros'331 134.67 s Dr1573" w 2010 N 89'54'03' E TRACT 3 108.85' miss s4. RL OM Amid. TRACT 4 TRACT 5 00C #20070553051 D.R.N.C.T. N 87"38'49' W 68.79' 5 89'44.1C- W 185.04' IIP RIVER ROAD LOC 1 VP- 2e, Pa 7 M R.N.GT. TRACT 2 TO UP R{VER ROAD BEING A TRACT OF LAND (0.98 ACRES, 421000 50. FT.} AS DESCRIBED IN DOC. 02007058308. DEED RECORDS OF NUECES COUNTY, TEXAS TRACT 3 BEING A TRACT OF LAND (0.58 ACRES, 25,185 SO. FT.) AS DESCRIBED IN VOLUME 1722, PAGE 652, DEED RECORDS OF NUECES COUNTY, TEXAS %ALEA TRACT 945 ACS WT IF 20.99 AC5 TRACT DOC. %1603010962 D.R.N.GT. MAP TO ACCOMPANY FIELD NOTES BEARINGS SHOWN ME BASED ON THE EAST LINE OF THAT CERTAIN 82.23 ACRES TRACT PER VOL 1118, PG. 308, NUECES COUNTY DEED RECORDS, 1INCON OEL OSO GRANT 0 100 200 300 A CITY of CORPUS CHRISTI, TEXAS Capitol Programs Survey Division 361-826-J551 DOW 06/23/2015 Morn ay: 0. Ner,nnn Chocked Er: a o. Ochs 1 SHEar r a� r Project K.-\£ngfneerinO,Survey\Profecla\Caastal Stoles Petro Asrslgnmanf.dwg Tract 4: Coastal Liquids Partners LP Nueces County Appraisal District Tax Id.: 3875-0000-0276 Nueces County Appraisal District Legal Description: Kaler Tract 0.095 acres out of 20.99 ac tract Metes and Bounds Description: An excerpt from Nueces County Deed # 2007056308 Field note description for a 0.095 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records, said 0.095 acre tract of land being more particularly described as follows: COMMENCING at a 5/8 inch iron rod found for the most southerly southwest corner of said 6.985 acre tract of land, and the most southerly southeast corner that certain 3.23 acre tract of land described in a Warranty Deed to Coastal States Gathering Company and recorded in Volume 1722, Page 552, Nueces County Deed Records; THENCE North 00800'21" East, along the common line of said 6.985 acre tract and said 3.23 acre tract of land, a distance of 97.24 feet to a 5/8 inch iron rod with cap stamped R.P.L.S. #3808 set at the most northerly southeast corner of said 3.23 acre tract of land, an interior corner of said 6.985 acre of land, the southeast corner and POINT OF BEGINNING for the herein described tract of land; THENCE South 8954'03" West, a distance of 106.85 feet to an iron rod found the most westerly southwest corner of said 6.985 acre tract of land, an interior corner of said 3.23 acre tract of land and the southwest corner of the herein described tract of land; THENCE North 02°1523" East, at 20.20 feet passing a set 5/8 inch iron rod with cap stamped R.P.L.S. #3808, in all a total distance of 39.11 feet to a 5/8 inch iron rod with cap stamped R.P.L.S. #3808 set for the northwest corner of the herein described tract of land: THENCE North 89°54'03" East, a distance of 105.31 feet to a 5/8 inch iron rod with cap stamped R.P.L.S. #3808 set for the northeast corner of the herein described tract of land; THENCE South 00000'21" West, a distance of 39.08 feet to the POINT OF BEGINNING and containing 0.095 of an acre of land, more or less. Bearings are based on the East line of that certain 82.23 acre tract of land per Volume 1116, Page 308, Nueces County Deed Records, further described by Mustang Engineering, L.P., Plat No. 2191-9407, attached hereto and made a part hereof as Exhibit A-1. NUECES COUNTY, TEXAS RINCON DEL 050 GRANT Tract 4: Coastal Liquid Partners, .095 acres COASTAL STATES CRUDE GATHERING CO. 3.23 ACRES VOL. 1722, PG. 552 N.C.D.R. TRACT 9 0.96 AC. SEE DETAIL "r COASTAL STATES PETROCHEMICAL CO. 6.02 AC. VOL. 1722. PG. 357 N.C.D.R. TAT 3 0.013 AC. SEE DETAIL "B" 0.06AC. SEE DETAIL TRACT 7 "H" 0.006 AC. SEE DETAIL "E' VALERO ENERGY CORPORATION 6.985 AC. VOL. 2327 PG. 543 N.C.D.R. VALERO ENERGY 2=1 _5 CORPORATION TRACT 8 0.095 AC. 1,279 AC. 0.56 AC. SEE DETAIL VOL. 2327, PG. 543 SEE DETAIL "F" J ..C" N.C.D.R. 1 EXISTING ACCESS RO. R COASTAL STATES PETROCHEMICAL CO. 3.46 ACRES VOL. 1722, PG. 557 N.C.D.R. UM a - SET 5/8" IRON ROD IMTµ CAP STAMPED 3808 • - IRON ROD FOUND Vzfi -- GDNVEY TO VALERO BASIS OF BEARING: EAST UNE OF THAT CERTA4N 82.23 ACRE TRACT PER VOL. It1s, PG. 308. NUECES COUNTY DEED RECORDS. Cash Registered Professional Surveyor No. 3808 1 OF 6 2 b2i040MAADD OETM.S 1 12M AI's !memoirs it TRACT 4 vex AEI. RAZE Or O[7L76PREN PROJECT NO. 2191 MEW BOIN1911114 LP 7rx4S pasol FSS ORIGIN STA110N NUECES COUNTY. 'RAW III:Yp @AID 6/W 04001 at OA 1E4/02 SCALE:l 1Oy • M. NO. 2191-9407 REV. 2 Tract 5: Coastal Liquids Partners LP Nueces County Appraisal District Tax Id.: 3875-0000-0277 Nueces County Appraisal District Legal Description: Kaler Tract 0.92 acres out of 20.99 ac tract Metes and Bounds Description: An excerpt from Nueces County Deed #2007056299 Field note description for a 0.92 acre tract of land situated in Rincon Del Oso Grant, Nueces County, Texas, out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records, said 0.92 acre tract being more particularly described as follows: COMMENCING at a 518 inch iron rod found for the southeast comer of said 6.985 acre tract of land; THENCE North 89841'38" West, along the south line of said 6.985 acre tract of land, a distance of 361.79 feet to a 5/8 inch iron rod set for the POINT OF BEGINNING and the southeast corner of the herein described tract of land; THENCE North 89°41'38" West, continuing along said south Zine, a distance of 66.24 feet to a 5/8 inch iron rod found for an angle point; THENCE North 85°34'50" West, along said south line a distance of 34.76 feet to a 5/8 inch iron rod set for the southwest corner of the herein described tract of land, said iron rod bears South 85°34'50" East, a distance of 70.04 feet from the southwest corner of said 6.985 acre tract of land; THENCE North 12°26'56" East, a distance of 103.25 feet to a 518 inch iron rod set; THENCE North 00°27'11" East, a distance of 51.45 feet to a 5/8 inch iron rod set; THENCE North 10°34'51" East, a distance of 66.01 feet to a 5/8 inch iron rod set; THENCE North 14°21'20" West, a distance of 122.61 feet to a 5/8 inch iron rod set; THENCE North 03°07'11" West, a distance of 117.73 feet to a steel fence post found in the most westerly north line of said 6.985 acre tract of land for the northwest corner of the herein described tract of land, said post bears North 87°46'05" East, a distance of 16.78 feet from a northwest corner of said 6.985 acre tract of land; THENCE North 87°46'05" East, along said north line, a distance of 105.45 feet to a 518 inch iron rod set for the northeast comer of the herein described tract of land, said iron rod bears South 87°46'05" West, a distance of 75.31 feet from a steel fence post found for an interior corner of said 6.985 acre tract of land; THENCE South 00° 18' 17" West, a distance of 460.64 feet to the POINT OF BEGINNING and containing 0.92 of an acre of land, more or less. Bearings are based on the South line of that certain 6.985 acre tract of land per Volume 2327, Page 543, Nueces County Deed Records, further described by Mustang Engineering, L.P., Plat No. 2191-9407, attached hereto and made a part hereof as Exhibit A-1, Tract 5: Coastal Liquid Partners, .92 Acres NUECES COUNTY, TEXAS S RINCON DEL OSO GRANT COASTAL STA' 02PETTROCHEI CAL CO. Volum- 1722. Page 557 S57'46'05'W 75.31' N8r46'QS'E 16.778 COASTAL STATES CRUDE GATHERING CO. 3.23 ACRES VOL. 1722, PG. 552 N.C.D.R_ N87'46'0p"E 105.45 03107'11-W 117.73' TRACT 10 0.92 AC. 1,606 AC. IN1421'20.1,1 122.61' TRACT 4 0.34 AC. SEE DETAIL "J" N10'34'51'E _...) 66.01' N 00"27' 11'E 51.45' TRACT a N 2.25'56"E 0.095 AC. 103.25' SEE DETAIL 'C" 58534'50"E 70.04' N8514'40"W 34.76 PLANT OF BEGINNING 0 SOO 18'17fix - 460.64' U/G ES1IT 6 0.06 AC. SEE DETAIL 0 POINT OF REGINNINC U/G ESMT 6 N89'41'38" 552.24 COASTAL STATES PETROCHEMICAL CO. 3.46 ACRES Volume 1722. Poge 557 N.C.D.R. N14'21'20"w — 34.55' 23"E - 86.05' VALERO ENERGY CORPORATION 6.965 ACRES VOL. 2327, PG. 543 N.C_D.R. POINT OF COMIAENCEMENT TRACT 10 N89'41'36"w-361.79' e 20.20' 589-54'03'W - 106.85' POINT Of BEGINNING LEGEkila o SET 5/8" IRON RCD MATH CAP STAVE()/3806 DETAIL • Dw ▪ IRON ROD F0IJtC U/G ES:AT 6 • FOUND STEEL FENCE POST N. T. S. N890923w - 77.30' BASIS OF BEARING: SOUTH LINE OF THAT CERTAIN VOL. 2327, PG. 543, NUECES 2 b2 REV. O 4* a•" N69'54'03'E - 105.31' N021523'E TRACT 5 39.11' 0.035 AC. 500'18'17"w 33.34' POINT OF BEGINNING 5.985 ACK MAC T PER COUNTY DEED RECCIR05. EASEMENTS & TRACT 4 wJC w' alk PROJECT N0. jjo1 or wow a Beam LP. llcunn% TEXAS DETAIL "Q" TRACT 5 N.TS. POINT OF C0+.IMENCENE T 0 0 z S00 -00'21"w 39.08' 30F6 FI6kl eIpaso{cwr,,. . ORIGIN STATION cTr' Duey S J 11A1E•i/172 06011Erter AV pArEllyin APP.: SCALE 1"•TDO' own. NO 2191-9407 1fus REV. 2 Tract 6: Exxon Pipeline Co Nueces County Appraisal District Tax Id.: 5933-0003-0078 Nueces County Appraisal District Legal Description: Oak Lawn 0.187 ac out of Lt 7B Bk 3 Metes and Bounds Description: An excerpt from Nueces County Deed #946716 Legal Description of Cltgo/Southwestern Meter Station 0.432 -acre Fee Tract Out of Block 3, Lot T -B Out of Webb 1,000 -acre Tract in the City of Corpus Christi, Nueces County, Texas SAVE AND EXCEPT THE FOLLOWING TRACT: 0.187 Acre: (8,138.1 Volume 33, Page 43 Being more fully de BEGINNING ata 3 corner of this tract rod found for the W THENCE: N 30' 12' 5/8 Inch iron rod fo THENCE: With a length of 25.90 feet t Block 3. THENCE: S 01' 39' the East Line of Lot East Line of said Lo Sq. Fit.) out of Lot 7-8, Block 3 of the Oak Lawn Subdivision u recorded in the Map Records of Nueces Ctotutty, Tates. by mete: and bounds w follows: iron rod sot on the Northwest Line of said Lot 7-8, Block 3 for the West the Southeast R.O.W. Line of Oak Park Avenue from which a 518 inch iron st corner of said Lot 7-B, Block 3 bear: S30' 12'00" W - 58.50 feet. E - 154.73 feet along the Southeast R.O.W. line of Oak Park Avenue to a for a corner of this tract also being a corner of said Lot 7-13, Block 3. to the right, having a deka angle of 148' 22' 42°, a radius of 10.00' and a a 5/8 Iron rod set for a corner of this tract also being a corner of said Lot 7-B, ' E - 81.14 feet along the West R.O.W. Line of Buddy Lawrence Drive and 7-B, Block 3 to a 5/8 inch iron rod set for the East corner of this tract on the 7-B, Block 3. THENCE: S33°42' S" W - 91.23 feet to a 518 inch iron rod set for the South corner of this tract. ?HENCE: N 59° 48 OO' W - 55.75 feet to the PLACE OF BEGINNING and containing 0.187 Aaes (8,138.134 Sq. FE), Tract 6: Exxon Pipeline Co., 0.18 Acres Tract 7: Koch Gathering Sys Inc Nueces County Appraisal District Tax Id.: 5933-0003-0079 Nueces County Appraisal District Legal Description: Oak Lawn 0.25 ac out of Lt 7B Bk 3 Metes and Bounds Description: An excerpt from Nueces County Deed #946716 modified to exclude annexation Tract 6 as follows: A 0.25 acre tract of land, out of a 0.437 acre tract of land, more or less, and excluding 0.187 acres in Nueces County Deed Records # 946716, being a portion of the DeRyee 50 acre tract out of the Webb 1000 acre tract in the City of Corpus Christi, Nueces County, Texas, conveyed to Johanna Kosar Foundation, Inc., by Paul Snyder and Frances Kosar Snyder by deed recorded in Volume 987, at Page 342, Deed Records, Nueces County, Texas, which property is more fully delineated on Plat of Survey of Everett Hooper, Registered Public Surveyor, dated November, 13, 1967, and recorded in Map Volume 33, at Page 63, in the Deed Records of Nueces County, Texas and described by metes and bounds as follows, to - wit: BEGINNING at an iron pipe set against the fence comer post, the West comer of a 19.07 acre tract, for the West comer of this survey, and said point being on the East line of Oak Park Avenue, formerly Texas Avenue; THENCE North 31 degrees 36' 45" East along the East line of said Oak Park Avenue a distance of 247.28 feet to a point where the East Line of said Oak Park Avenue intersects the West line of Lawrence Drive; THENCE in a southerly direction with the West line of said Lawrence Drive a distance of 291.3 feet; THENCE North 58 Degrees 53' 15" West to the PLACE OF BEGINNING and containing 0.25 acres land, more or less, and being a portion of the same land conveyed by Johanna Kosar Foundation, Inc. to Humble Pipe Line Company, in Deed dated the 14th day of September, 1967, and recorded in Deed Volume 1234, at Page 484, in the Deed Records of Nueces County, Texas. Tract 7: Koch Gathering Sys Inc., 0.25 acres tisk, Exhibit B Property Owner Signed and City Council Adopted Development Agreements Per Local Government Code 43.035 Currently there are no signed development agreements and none of properties proposed for annexation currently qualify for a development agreement. To qualify for a development agreement a property must be appraised by the Nueces County Appraisal District as agricultural, timber land or wild life management exempt property. Industrial District No. 1 Annexation (7 Tracts, 4.08 acres) Public Hearing and Municipal Services Plan Presentation City Council Meetings August 25, 2015 September 8, 2015 Aerial Overview TRACT 1 1.49 ACRES DCRY EII g LIMITS I ICL INDUSTRIAL DISTRICT NO. 1 INSIDE LIMITS (ICL) ‘D' (IC L) G TRACT 4 .10 ACRES TRACT 2 6. 3 1 55 ACRES JOE NUDE AEDE COP TRACT 6 .18 ACRES ) TRACT 5 .92 ACRES RACT 7 IX Leovuwu .25 ACRES Legend 201,AnneAtOn 969990699 Industrial District No. 1 7 Tracts, 4.08 acres t N 2 Background Industrial District Properties • Oct 2013 — Council Approved Industrial District Agreement. • Agreements needed signatures by Jan 2015. • After extensive communication and efforts to accommodate, seven tracts of land owned by five owners have not signed an Industrial District Agreement • Public hearing notices were sent to each property owner on July 24th Municipal Services Plan Unilateral annexation by the City requires preparation of a Services Plan for the areas proposed for annexation Due to the small size of the areas, close proximity to existing services and no residents, cost to serve the areas will be absorbed by the existing departmental budgets. Immediately after annexation, the proposed Municipal Services Plan provides for: • Emergency Services, including Police Protection, Fire Protection and Ambulance Service • Solid Waste services for any residential uses in the annexation area (there are no known residences) Municipal Services Plan continued • Utility services will be provided through the City's normal platting process. • No capital improvements are proposed in the Municipal Service Plan. • Utility projects for each annexation area, if needed, will be incorporated into the City's Capital Improvement Plan and prioritized with all other city projects. Annexation Schedule 7-14-2015 — Future Item on City Council Agenda - done 7-21-2015 — City Council Annexation Resolution - done 7-24-2015 — Letter to Property Owners - 8- 25-2015 — 1St City Council Public Hearing 9-9-2015 — Planning Commission Public Hearing on Zoning 9-08-2015 — 2nd City Council Public Hearing 9-29-2015— 1st Reading of an Ordinance 10-13-2015 — 2nd Reading of an Ordinance — Annexation Complete 10-13-2015 — City Council Public Hearing and 1st Reading on zoning 10-20-2015 — City Council 2nd Reading on zoning Questions? Location Maps Aerial — Industrial District Tracts Location Map Tract 1: ABTEX, 1.09 acres northeast of the Veterans Cemetery Company Defunct, Taxes Delinquent Tract 2: Coastal State Petroleum, 0.96 acres northeast of Up River Road and Navigation Blvd. Prefers Annexation N Aerial — Industrial District Tracts Tract 3: Coastal States Petroleum, 0.58 acres acres northeast of Up River Road and Navigation Blvd. Prefers Annexation Tract 4: Coastal Liquids Partners, 0.10 acres northeast of Up River Road and Navigation Blvd. No Claim of Ownership N Aerial — Industrial District Tracts Tract 5: Coastal Liquids Partners, 0.92 acres northeast of Up River Road and Navigation Blvd. No Claim of Ownership Tract 6: Exxon Pipeline, 0.18 acres, south of the intersection of Buddy Lawrence and Oak Park Roads Prefers Annexation N Aerial — Industrial District Tracts Tract 7: Koch Gathering Sys Inc., 0.25 acres, south of the intersection of Buddy Lawrence and Oak Park Roads and next to Tract 6 Prefers Annexation t N AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 25, 2015 Second Reading for the City Council Meeting of September 8, 2015 DATE: August 4, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for property at 5425 Old Brownsville Road CAPTION: Case No. 0715-04 Peterson Properties, Ltd.: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as being a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas, located on the southeast corner of Old Brownsville Road and North Padre Island Drive (SH 358). PURPOSE: The purpose of this item is to rezone property for a light industrial use. RECOMMENDATION: Planning Commission and Staff Recommendation (July 29, 2015): Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is proposing a Stripes convenience store to include a 6,800 -square -foot store to be open 24 hours a day, seven days a week. The "IL" Light Industrial zoning is being requested because the fueling station will cater to heavy load vehicles for fueling, restrooms, and restaurant uses, which is classified and defined as a "truck stop with overnight accommodations" in the city's Unified Development Code. The applicant is aware the development would require an extension of the city's wastewater infrastructure to support the proposed use. It is staffs opinion that allowing the requested zoning district would encourage the extension of the wastewater trunk system in this area which largely is vacant and lacks the necessary infrastructure. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment and it is staffs opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The rezoning is consistent with elements of the city's Comprehensive Plan, is compatible with the adjacent neighborhood and land uses and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan (ADP) and is not consistent with the adopted Future Land Use Plan but with elements of the Westside Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission 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 Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Peterson Properties, Ltd. ("Owner") by changing the UDC Zoning Map in reference a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas (the "Property") from the"CG-2" General Commercial District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Peterson Properties, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 29, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "IL" Light Industrial District, and on Tuesday, August 25, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Peterson Properties, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas, located on the southeast corner of Old Brownsville Road and North Padre Island Drive (SH 358) (the "Property"), from the "CG -2" General Commercial District to the "IL" Light Industrial District (Zoning Map No. 051040), as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 0715-04 Ordinance -Peterson Properties, Ltd. Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy 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 Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0715-04 Ordinance -Peterson Properties, Ltd. Page 3 of 3 'URBAN ENGINEERING 2.65 Acre Tract STATE, OF TEXAS COUNTY OF NUECES Job No. 40706.B4.04 June 10, 2015 Fieldnotes for a 2.65 Acre Tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, a Map of which is recorded in Volume A, Page 53, Map Records of Nueces County, Texas, Tract 1-B and Tract 6, M.M. Gabriel Land, a map of which is recorded in Volume 2, Page 22, Miscellaneous Map Records of Nueces County, Texas, a 9.980 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., a Texas limited partnership recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all ofa 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas; said 2.65 Acre Tract being more fully described as follows: Beginning, at a Texas Department of Transportation (TXDOT) Type 1 Monument (broken) Found on the Southwest Right -of -Way of North Padre Island Drive Frontage Road, the East corner of the said 0.446 Acre Tract, the North comer of the said Tract II, for an inner ell comer of this Tract; Thence, South 52°16'29" East, with common boundary line of the said Southwest Right -of -Way and the Northeast line of Tract I1, 77.28 Feet, to a 518 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set, for the East corner of this Tract; Thence, with the boundary of this Tract as follows: • South 68°51'43" West, departing said common line, over and across said Tract II, 76.87 Feet, to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set, for in inner ell comer of this Tract; • South 52°4224" West, 333.06 Feet, to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set, for the South corner of this Tract; • North 37°17'36" West, at 56.18 Feet, pass the Southeast boundary line of the said 2.083 Acre Tract, in all a distance of 295.18 Feet, to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set on the Southeast Right -of -Way of Old Brownsville Road, the Northwest line of the said 2.083 Acre Tract, for the West comer of this Tract; S 1Survcying140706184041OFFICEIMETES AND BOUNDS/40706B404_2 65Acrcs Page 1 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbanens.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit "A" Thence, North 52°4224" East, with the said common line of the said Southeast Right -of -Way of Old Brownsville Road and the Northwest line of the said 2.083 Acre Tract, at 282.24 Feet pass the West corner of the said 0.446 Acre Tract, the North corner of the said 2.083 Acre Tract, in all a distance of 387.84 Feet, to the said Southwest Right -of -Way of North Padre Island Drive Frontage Road, for the North corner of this Tract; Thence, South 37°0429" East, with the common line of the said Southwest Right -of -Way and the Northeast line of the said 0.446 Acre Tract, 241.91 Feet, to the Point of Beginning, and containing 2.65 Acres (115,428 SgFt) of land, more or less; Bearings based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. URBAN ENGINEERING l -7) -- Keith W. Wooler, R.P.L.S. License No. 5463 S: 15urveying1407061B404440706B404 2.65Acres.docx Page 2 or2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbaneng.com TAPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit "A" P2407055503 rpnSM,ZoniogE iGRC5,g 5/15/2015 1155,:47 AM, Co; \ ©/O e O 11 c) C n Q \ L uN O O t.• 9 P:41 .;4' •CD ( s L "tt in 7 \ RPojj rm W \ J ax$c`",a ilzPM {eg 8 80- N 0 Gd ei 4 •o_ 6 • • Y cn Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 0715-04 HTE No. 15-10000038 Planning Commission Hearing Date: July 29, 2015 Applicant/Representative: Jenifer Paz/Harrison French & Associates Owner: Peterson Properties, Ltd. Legal Description/Location: Being a 2.65 Acre tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, and Tract 1-B and Tract 6, M.M. Gabriel Land, a 9.80 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas, located on the southeast corner of Old Brownsville Road and North Padre Island Drive (SH 358). From: "CG -2" General Commercial District To: "IL" Light Industrial District Area: 2.65 acres Purpose of Request: To allow the development of a convenience store with truck stop and fueling. Existing Zoning District Existing Land Use Future Land Use Site "CG -2" General Commercial Estate Residential and Vacant Commercial North "CG -2" General Commercial Commercial Light Industrial and Commercial South "CG -2" General Commercial Vacant Commercial East "CG -2" General Commercial Vacant Commercial West "IL" Light Industrial Light Industrial Light Industrial o N a c ca E 0 o 5 Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Plan but with elements of the Westside Area Development Plan. Map No.: 051040 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 480 feet of street frontage along Old Brownsville Road, which is a "A3" Primary Arterial Divided street, and 500 feet of street frontage along North Padre Island Drive (SH 358), which is a freeway. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Old BrownsvilleN/A Rd. "A3" Primary Arterial Divided 130' ROW 79' paved 120' ROW 85' paved SH 358 Freeway 400 Varies 350' ROW 3,200 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG -2" General Commercial District to the "IL" Light Industrial District to allow the development of a convenience store with truck fueling. Development Plan: The applicant is proposing a Stripes convenience store to include a 6,800 -square -foot store to be open 24 hours a day, seven days a week. The retail store will include a Laredo Taco Company restaurant with seating. Fueling stations for trucks and cars will be available with both diesel and gasoline. Parking for heavy truck traffic will be on site. The site will have access to both Old Brownsville Road and North Padre Island Drive. Existing Land Uses & Zoning: North of the subject property is zoned "CG -2" General Commercial and consists of a convenience store with fuel pumps. South and east of the subject property is vacant and is zoned "CG -2" General Commercial. West of the subject property is a light manufacturing company in the "IL" Light Industrial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Plan's designation of the property as commercial. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: • High-intensity commercial and industrial areas should be buffered to provide transition from residential areas through the existence of: main roads, public and institutional buildings, open space, scale of design, landscaping and other transitional land uses. — Westside Area Development Plan Land Use Statement C.5 Planning Commission Final Report Page 3 • Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas (this includes noise, air pollution, negligent visual blight, etc.) by means of property layout and organization of activities by screening and maintaining buffer areas or zones for activities. — Westside Area Development Plan Land Use Statement C.6 • Complete trunk main system in Ayers Street, Old Brownsville Road, Saratoga Boulevard and portions of the Westside Plan Area south of Saratoga Boulevard — Westside Area Development Plan Public Service Statement 1.2 Plat Status: The property will need to be re -platted. Department Comments: • The "IL" Light Industrial zoning is being requested because the fueling station will cater to heavy load vehicles for fueling, restrooms, restaurant uses, which is classified and defined as a "truck stop with overnight accommodations" in the city's Unified Development Code. • Wastewater infrastructure is not available along this stretch of Old Brownsville Road. The applicant is aware the development would require an extension of the city's wastewater infrastructure to support the proposed use. • It is staff's opinion that allowing the requested zoning district would encourage the extension of the wastewater trunk system in this area, which is necessary to foster and encourage future development along this portion of Old Brownsville Road, which largely is vacant and lacks the necessary infrastructure. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • It is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area • The rezoning is consistent with elements of the city's Comprehensive Plan. • The rezoning is compatible with the adjacent neighborhood and land uses. • The zoning map amendment does not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 5 within 200 -foot notification area 5 outside notification area As of August 4, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3 Application K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0715-04 Peterson Properties, Ltd\Council Documents\Report for CC_0715-04 Peterson Properties, Ltd.docx 3 IL \\11, SA°r . 'O a.y SUBJECT /i PROPERTY RS -6 0 400 800 Feet Date G -ated: 6/24/2015 Prepared By: jeremym/ Department of/Development Service's / / CASE: 0715-04 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition lAGNES W CCIA c BEAR SUBJECT / PROPERTY —\HOA 0 LOCATION MAP ilk City of Corpus Christi 1\IO\IO-l5- SS (,pp,. p.h.I 11 S Ptl. Id d 01 * 00.0.0. Rd\ .*1.o.\OMIJ ,d 91. PnN013-S_10 (Rw-a) 10-11-1 01.10.1 NOLL035N3JNI 1V O3LJIf103 f l 01 03NOZ3i1 11 03L11003e1 O� s<F �� wln Oln p� H��10 io1 N�A�S oN q2 -Dl fel? S�cD'IDL "n 1y9-u0n0S1 VX0 DO ZD FJ 11DC Z(A"y� p:m ��1�Z 11z��U,Ds o0 �r9 FJAR ON D D 2;1111'2,,9 $$2/266 }r Z ArDAA 1/O� 2 C Em9a 'M Com ~ DmDD N G) y NOKg1 VSN�V 011 Nm A 80 ON Z V 1 t7 }Om1,Ai C) '•t.101 A QK wEg KI Ai 01 14 Dl ip2° }o6 $ 1a.> Vo o k°,Ei t$o 1A+ g Tea M g C) O m zm z m 1 P tripe. PROP NUIOIDO 10-14-1061 filiftlAtba. IMP MUM ._0 Wri rm.— 15"—/oao 61° it CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES P 0 Box 9277 Corpus Christi, Texas 78469-9277 (361) 826.3240 Located at 2406 Leopard (Corncr of Leopard Street and Street Pon Avenue) ALTFR CHANGE PPICAOFION ZONING .4, 0715-04 051040 Case No.. Map Na.: S 7-29-15 *Planning Commission Hearing Date: a G Location City Hall Council Chambers, 1201 Leonard Street at 5:30 p.m. *A maximum offive applications are scheduled per hearing. Applications received after the five maximum will be scheduled to the next available meeting. 1. Applicant/Representative: Jenifer Paz - HFA Telephone: ( 479 ) 273-7780 x677 Address (City, State, Zip): 2656 S. Loop W, Suite 525 Houston, TX 77054 E-mail Address: Cell Phone: ( 713 ) 702-0987 2. Property Owner(s): Peterson Properties, Ltd. Telephone: ( 361 ) 779-2009 Address (City, State, Zip): 5830 McArdle Road # 201, Corpus Christi, Texas 78412 E-mail Address: Cell Phone: ( ) Ownership Type: ■ Sole ■ Partnership ❑ Corporation ❑ Other 3. Current Zoning and Use: CG -2 General Commercial Proposed Zoning and Use: IL Light Industrial Project Address- 5425 Old Brownsville Rd Area of Request (sq. ft./acres) 12 -Digit Nueces County Tax ID _1040 _ 0001 _ 0060 If platted, Subdivision Name: Block: Lot(s): Legal description: 4. DOCUMENTS REQUIRED: IF APPLICABLE: ■ ATTACHED Land 1 • Use Statement Executed Appointment Metes and bounds • if Disclosure of Interest of Agent request is for a portion ■ of Copy of Warranty Deed a platted lot or an unplatted lot I cert' ' .• , t the information provided is accurate, correct and signed by all owners. Ce// . , (Owner's Signature) {1C.Ic,Aeis�- U=„11, C IZr r t•1Ri (Applicant's Signature) (Owner's Printed Numig)p tcanl's Printed Name) Gbl,nr '1h r I1 3154'N 6126 In f 6.1". al �?ut! All signatures on this application shall be original signatures. No copied prints or faxed copies INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (tis of November 1, 2011) 0.00 - 0.99 acre $ 1,107.50 1.00 - 9.99 acres $ 1,692.50 10.00 - 24.99 acres $ 1,976.75 25 + acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign Office Use OnlyA t+Lu7 Date Received: .0`k�Received By Application Fee: / 64a .5D 1 figs? SO No. Signs Required 2 X $10 Sign Fee: 20.00 Total: 1,712.50 Sign Posting Date: 6.10.15_ ADP: WS Form Revised 8/24/I2 K 1DEVELOPMENTSVCSLSHAREDILAND DEVELOPMEN11ORDINANCE ADMINISTRATIONIAPPLICATION FORMSIFORMS AS PER LEGAL12OI21ZONING APPLICATION 2012.DOC i5-1 0040035 CITY OF CORPUS CHP T DEVELOPMENT SERVICES PO Corpus Chnsti. (361 Located at 24 (Comer ofLeopard Box 9277 Texas 784,9-92'-- 826-3240 8419-92---826.3240 06 Leopard Street Street and Port Avenue) 0 15-/Voo003 c APPLICATION FOR A CHANGE OF ZONING Case No _.n Map No *Planning Commission Hearing Date: Location City Hall Council Chambers, 1201 Leopard Street at 5:34 p.m. �.A maximum of five applications are scheduled per hearing. Applications received after the five maxininm will be scheduled to the next available rneetin ApplicantrRepresentative: Jenifer Paz - HFA Address (Ci E-mail Add Telephone. ( 479 ) 273-7780 x677 ty, State, Zip): 2656 S. Loop W, Suite 525 Houston, TX 77054 rens Cell Phone: ( 713 ) 702-0987 Property Owner(s): Peterson Properties, Ltd. Telephone: ( 361 j 779-2009 Address (City, State, Zip): 5830 McArdle Road # 201, Corpus Christi, Texas 78412 E-mail Address- Cell Phone: ( ) Ownership Type: ❑ Sole El Partnership ❑ Corporation ❑ Other Current Zoning and Use. CG -2 General Commercial Proposed Zoning and Use IL Light Industrial. Project Address. 5425 Old Brownsville Rd Area of Request (sq. ftlacres): __-,_ , _, 12 -Digit Nueces County Tax 1D: 3040 0001 0060 If platted, Subdivision Name: ____ Legal description: Block: Lot(s): DOCUMENTS ATTACHED REQUIRED' ❑■ Land Use Statement 1=1 Disclosure of Interest ® Copy of Warranty Deed IF APPLIC ABLE 0 Executed Appointment of Agent El Metes and bounds if request is for a portion of a platted lot or an unplatted lot ) Application Fei 000- 0.99 ac 1.00- 9.99 ac 10.00 - 24,99 ac 25 + acres 1 certify.iii4at the information provided is accurate, correct and signed by all (Owner's zgnaturc) �./t�u� i2-‘cis9Iwr._�-644.7 7 �LIt� �L�IQ1µ (Owner's Printed Nam ) pfdicant's Printed Name) � irM64y 6 j / ��y f►uv All signatures on this application shall be original signatures No copied prints or faxed copies INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED (as of November 1, 2011) re $ 1,107 50 res $ 1,692.50 res $ 1,976.75 $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign K IDEVELOPMEhTSVCS$1iAREDlLAND DFVEF.OPM12-11 ORDINANCE ADMINISTRAT'Iola1APPL?CATION FORMSIFORMS Office Use Only A fev3 Date Received (a -\\,12.'" 'Received By l` `t Application Fee. J 12 01 ; 5'0 No. Signs Required X S10 Sign Fee Total Sign Posting Date ADP: Form Revised 8/24/12 15 - j 000003S S PER L EGAL\20121ZONING APPLICATION 2012 DOC CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at: 2406 Leopard St. LAND USE STATEMENT Complete land use statement form containing the following information: 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. Currently, the property is occupied by a single-family home and used for agricultural purposes. The existing structures will be removed from the site to allow for the site to be redeveloped for commercial use. The proposed rezoning will consist of 2.4 acres for the development of a new Stripes Convenience store. The proposed improvements consist of a 6,844sf store with 24 hour sales and gasoline and diesel fuel services (10 MPDs for gasoline and 4 MPDs for diesel fuel). Included in the improvements will be a subsidiary food establishment, Laredo Tacos, with seating. The site will have access from both Hwy 358 (South Padre Island Dr.) frontage road and Hwy 665 (Old Brownsville Rd.). The rezoning from CG -2 General Commercial to IL Light Industrial is needed in order to allow truck fueling, as defined under Truck Stop in the Unified Development Code. 2. Identify the existing Iand uses adjoining the area of request: North _ IL Light Industrial (across Old Brownville) South - CG -2 General Commercial East - CG -2 General Commercial (across SPID) West - CG -2 General Commercial K 1DEVELOPMENI'SVCSLSHAREDl1,AND PEVELOPMENTIORDrNANCE ADMINISTRAI1ON\APPLICATION FORMSSFORMS AS PER LEGALI AND USE STATEMENT FOR ZONING DOC City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Teas Department of Development Services P 0 Box 9277 Corpus Christi, Texas 78469-9277 (361)826-3240 Located at 2406 Leopard Street (Corner of Leopard St. and Pon Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Peterson Properties, Ltd. STREET: 5830 McArdle Road # 201 CITY: Corpus Christi ZIP: 78412 FIRM is: ❑ Corporation ❑� Partnership ❑ Sole Owner 0 Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 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 €JFK 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 CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of information requested; and that supplemental statements will be promptly submitted to the City of Corpus risti, -xas as changes o r. Certifying Person: 1 U cam.) vtiL 1-1--5 Title: G -)%1-2-y' -1/' Date: (Print) Signature of Certifying Person. K'.DEVELOPMENTSVCSLS1iAREI2 LAND DEVELOPMF.N71ORDINAHicE.AA NtWt Y'.n 14+t.IRt,, [ FOIRMSIFORMS AS PER LEGAL120125DISCLoSURE OF INTERESTS S=ATF.MUNTI 2712 nor / l fl i� A Il✓� DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: J P z - STREET: 1.706 IJA. f Qt. 3CITY: h."-17r\�(i 0.12r L- ZIP: ---7Z/ 2— FIRM is: ❑ Corporation Partnership ❑ Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Job Tile and City Department (if known) n) 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 Nik 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 Nig CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to ,, the City of Corpus Christi, Texas as changes occur. J1i1_ Certifying Person: 2 Title: '(1(1)1e04-- (Print Name) Signature of Certifying Person: �.:i_�� Date: (211q(15-- CLOSURE �11q (iS- EVELOPMENTSVCS\SRA,REDLND DEVELOPMENN w P MSIREZ CLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC PEAK HOUR TRAFFIC (PHT) FORM Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 www.cctexas.com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: 5425 OLD BROWNSVILLE ROAD Legal Description (Subdivision, Lot, Block): 2.65 Ac. Tract out of Lot 10, Sect 5, Range VII of Gugenheim & Cohn's Farm Lots Applicant Name: Stripes LLC Address: 4525 Ayers Street City/State/Zip: Corpus Christi, TX 78415 Telephone: Email: michael.choate@susser.com Application Status (Select One): El Rezoning El Site Plan riStreet Closure Existing Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 2.65 ACRES CG -2 RESIDENTIAL 210 0.77 0.77 1.02 1.02 Resturant(Laredo Taco) 933 63.5 76 52.40 63 Proposed Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 2.65 ACRES IL -Light Industrial Convenience Store(fud 94 10.56 254 13.57 326 Resturant(Laredo Taco) 933 63.5 76 52.40 63 Total 330 Total 389 Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) S.P.I.D. Frontage Road YES Approx. 38' VARIES Old Brownsville Road YES Approx. 99' 120' For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with pithe City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not exceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note: This completed and reviewed form must accompany any subsequent application for the IDENTICAL project. CHANGES to the proposed project will require a new TIA determination to be made. Version 1.0 (01/15) 'URBAN ENGINEERING 2.65 Acre Tract STATE, OF TEXAS COUNTY OF NUECES Job No. 40706.B4.04 June 10, 2015 Fieldnotes for a 2.65 Acre Tract being portions of Lot 10, Section 5, Range VIII, of the Gugenheim & Cohn's Farm Lots, a Map of which is recorded in Volume A, Page 53, Map Records of Nueces County, Texas, Tract 1-B and Tract 6, M.M. Gabriel Land, a map of which is recorded in Volume 2, Page 22, Miscellaneous Map Records of Nueces County, Texas, a 9.980 Acre Tract, described as Tract II, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., a Texas limited partnership recorded in Document Number 837113, Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded in Volume 1310, Page 177, Deed Records of Nueces County, Texas, and all ofa 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903, Page 352, Deed Records of Nueces County, Texas; said 2.65 Acre Tract being more fully described as follows: Beginning, at a Texas Department of Transportation (TXDOT) Type 1 Monument (broken) Found on the Southwest Right -of -Way of North Padre Island Drive Frontage Road, the East corner of the said 0.446 Acre Tract, the North comer of the said Tract II, for an inner ell comer of this Tract; Thence, South 52°16'29" East, with common boundary line of the said Southwest Right -of -Way and the Northeast line of Tract I1, 77.28 Feet, to a 518 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set, for the East corner of this Tract; Thence, with the boundary of this Tract as follows: • South 68°51'43" West, departing said common line, over and across said Tract II, 76.87 Feet, to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set, for in inner ell comer of this Tract; • South 52°4224" West, 333.06 Feet, to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set, for the South corner of this Tract; • North 37°17'36" West, at 56.18 Feet, pass the Southeast boundary line of the said 2.083 Acre Tract, in all a distance of 295.18 Feet, to a 5/8 Inch Iron Rod with a cap stamped "URBAN ENGR. C.C.T.X." Set on the Southeast Right -of -Way of Old Brownsville Road, the Northwest line of the said 2.083 Acre Tract, for the West comer of this Tract; S 1Survcying140706184041OFFICEIMETES AND BOUNDS/40706B404_2 65Acrcs Page 1 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbanens.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Thence, North 52°4224" East, with the said common line of the said Southeast Right -of -Way of Old Brownsville Road and the Northwest line of the said 2.083 Acre Tract, at 282.24 Feet pass the West corner of the said 0.446 Acre Tract, the North corner of the said 2.083 Acre Tract, in all a distance of 387.84 Feet, to the said Southwest Right -of -Way of North Padre Island Drive Frontage Road, for the North corner of this Tract; Thence, South 37°0429" East, with the common line of the said Southwest Right -of -Way and the Northeast line of the said 0.446 Acre Tract, 241.91 Feet, to the Point of Beginning, and containing 2.65 Acres (115,428 SgFt) of land, more or less; Bearings based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. URBAN ENGINEERING l -7) -- Keith W. Wooler, R.P.L.S. License No. 5463 S: 15urveying1407061B404440706B404 2.65Acres.docx Page 2 or2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbaneng.com TAPE, Firm # 145 • TBPLS Firm # 10032400 • • • • • Lot 4A Brown—Lex Tract Vol. 46, Pg. 56, Mop Records of Nueces County, Brown—Lex Trcct Vol. 45, Pg. 50, Mop Records of Nueces County Texas Lot 2—A/ • Lot 1 Brown—Lex Tract Vol. 27, Pg. 12, M.R,N.C.T. 6. S.\Surveyinp\407061850.11.440706B503 revrsealontagExbrbrUDYC, 6J15l2D151155,:47 AM, Colb Exhibit B Sketch to Accompany A 2.65 Acre, Zoning Tract, of Lot 10, Section 5, Range VIII, of the Gugenhelm & Cohn's Farm Lots, a Map of which is recorded In Volume A, Page 53, Map Records of Nueces County, Texas, being a portion of Tract 1-8 and Tract 6, M.M. Gabriel Land, a mop of which Is recorded in Volume 2. Page 22, of the Miscellaneous Map Records of Nueces County, Texas. a 9.980 Acre Tract, described as Tract Il, conveyed in a warranty deed from Patricia Ray Peterson Nuss to Peterson Properties, LTD., a Texas limited partnership recorded in Document Number 837113, of the Official Public Records of Nueces County, Texas, a 2.083 Acre Tract conveyed in a warranty deed from Page J. Gabriel and wife, Virginia Mae Gabriel to Gulfway Shopping Center Inc. recorded In Volume 1310, Page 177, of the Deed Records of Nueces County, Texas and all of a 0.446 Acre Tract conveyed in a Warranty Deed from J.V. Gabriel and wife, Wanda Gabriel to Ray E. Peterson recorded in Volume 903. Page 352. PAV SSq%°101 ?e?9E c‘` at 56gi 6,81 150 1 100 TRACTS 1980 Ace Tract Doe. No. 837113 0P.R.N.C.T. Peterson Properties LTD 0 200 N1'4°‘49.. 4 1y g 1ANS8 'IU1 .iJrltlte] taliJerg PAW LOIS WI. dna PEI. tal.pi>JA.110-r. O6 Oc' LOCATION MAP N.T.S. COUNTY OF NUECES CITY OF CORPUS CHRIS11 c1 W. OUABANI DATE June,100' 15, 2015 SCALE 1'= ENGINEERING J0B NO.: 40706.85.03 eint42 "A'irA� SHEET: 1 OF 1 eOC�"� `Mpa7 DRAWN BY: CDS tmwwmawa...n...111.3...aa, 00.20.21, Y.v.rL • Title Commitment. Ret Am.. lltl. k...m 1.mpary Gia Ma usesys lit Ia. ""�i"Dalc bay 27. O51a Ams 10. 13. et 0.at 17 5.111. Ma Y m `m.., Re .Y.4 b a.. to a. at..11a. 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Rabb Us - �S*. 4R) � MnN IBL let a (12) - 50 Ya Tab (53 Pal(aa0) -20 S..a(.1.1-15 • -, ▪ Opal ) Raaf b= m. Ya to as (.R.) - x/A I. 00I N (5) - 5/1 rL Tar (M1k a (.•q) - 20 Ma (ares) - 15 00 .) - 5 921 (Ta.) - u=M/A 6/12/55) 6e4i 4 pop n 5.anaen) 011E 2C517hT0a APPRO'.E0 URBAN, ENGINEERING ALTA/ACSM LAND TITLE SURVEY LEGAL 0(3.05** A 745 Yea Taal pip per.. el Lot IC 5011= S, aap5 N1�pa.al IM Vol ..ib. ra PWe 93 Y. nom.". "�M.sm fa.rl 1.mt Tget 1-a .. la 5. Y.Y. Garb Lasa a arm of Rada et x..cn Caty. i me, S9e 4000 doral .4057..., l.1. 14 7.3.1. Rabb L10.. a Praias 1.1110 rata Locos N a1r'e tang 15* 4.45001 lkodne 1.0. 17,171 w.�wt 7-4 a tCu1� ca..las a0�a. Vain "" a11a Etap"177. Eta t0 Lea.. a a""ee a y, 100 and v I. re. a4 01a .la area Caere la Ray E Pas, r.eaa.i a vasa M. Pap. 352. x.04 Rea al 1410m 0.011]. Term NOM 6E MC SCALE:+_. .00. N0.= 0)430 6Y:_DATE =smEET OLD BROWNSVILLE ROAD (ILu sUW) Amon Pre ies LTD 5 Old Elm file Road pus Christi. l 4 78417 SCALE $ITE AREA 104,652 SF OR 2.40 ACRES ADDITIONAL SITE AREA. 10,874 SF OR 0.25 ACRES TOTAL PAVED AREA 95,571 SF OR 2.19 ACRES DETENTION ARFA NOTES, DETENTION WILL BE REQUIRED PER TXDOT PER CITY OF CORPUS CHRISTI DRAINAGE DESIGN MANUAL IN CONJUNCTION WITH TXDOT HYDRAULIC DESIGN MANUAL THE DETENTION REQUIRED WILL BE APPROXIMATELY 27,000 CU.FT. DESIGN STORM REQUIREMENTS FOR RELEASE TO MINOR STORM SEWER SYSTEM: 100YR STORAGE WITH EXISTING CONDITION 5YR RELEASE RATE. MINIMUM 1' FREEBOARD 4:1 EARTHEN SLOPES WITH 12' WIDE CONCRETE PILOT CHANNEL LANDSCAPE NOTES 155 OF TOTAL STREET YARD MUST BE LANDSCAPED + 0.02 POINTS PER SF 1005 OF LANDSCAPE AREA AND POINTS REOUIRED ALONG SPID = 45,410 SF STREET YARD X .15 = 6,812 SF REQ. + 136 POINTS (THIS PLAN SHOWS 7,040 SF) 805 OF LANDSCAPE AREA AND POINTS REOUIRED ALONG OLD BROWNSWLLE RD = 26,284 SF STREET YARD X .15 = 3,943 SF X .80 = 3,154 SF REO. + 63 POINTS (THIS PLAN SHOWS 5,589 SF) PARKING AREA MUST BE SCREENED WITH SHRUBS 20 SF PER PARKING SPACE SHALL BE INTERIOR LANDSCAINC 43 SPACES X 20 SF = 860 5F (11115 PLAN SHOWS 967 SF) ALL VECH. USE AREAS MUST BE 70' FROM TREE OR LANDSCAPE AREA (ALL VECH. USE AREAS ON PLAN CAN BE 70' FROM A TREE OR LANDSCAPE AREA) 1 PERENNIAL PLANT PER 25 5F OF LANDSCAPING ADDITIONAL NOTES SIDEWALKS NOT REOUIRED IF REZONED TO U STREET UGHT REQUIRED AT INTERSECTION H4..rfa N F.nitctt ,1®pl,d,5,••• • A INVN t -w1 11-12-12 swe NYC Ria NM MANN e.x ./_/T. CNN= Be CY COM et lee TEXAS COA #F-8576 SITE PLAN C1.0 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 25, 2015 Second Reading for the City Council Meeting of September 8, 2015 DATE: August 4, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for property at 1557 Waldron Road CAPTION: Case No. 0715-05 John Kendall and The Boston Group: A change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. The property to be rezoned is described as being a 10.293 -acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road approximately 260 feet east of Waldron Road. PURPOSE: The purpose of this item is to rezone property to allow a boat storage facility. RECOMMENDATION: Planning Commission and Staff Recommendation (July 29, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is proposing a boat storage facility on 10.293 acres of land, which fronts mostly Graham Road and has access to Waldron Road. The existing zoning of "RM -1" Multifamily 1 District is not a desirable location for residential uses because of its adjacency to an "IH" Heavy Industrial District where a gas plant currently is in operation. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment and it is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The rezoning is consistent with elements of the city's Comprehensive Plan, is compatible with the adjacent neighborhood and land uses and would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Future Land Use Plan's designation of the property as medium density residential, but fits in with the character of the area. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission 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 Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner") by changing the UDC Zoning Map in reference a 10.293 -acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 29, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "CG -2" General Commercial District, and on Tuesday, August 25, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of a 10.293 - acre tract of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road approximately 260 feet east of Waldron Road (the "Property"), from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District (Zoning Map No. 035031), as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 0715-05 Ordinance -John Kendall and The Boston GroupJohn Kendall and The Boston Group Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy 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 Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0715-05 Ordinance -John Kendall and The Boston GroupJohn Kendall and The Boston Group Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES Field Notes of 10.293 acres of land being out of Lot 13 and 14, Section 55, Flour Bluff Encina! Farm Garden Tract, as shown on a map recorded in Volume "A", Pages 41 — 42, Map Records Nueces County, Texas Said 10.293 acre tract also being out of a 15.90 acre tract deed recorded in Document No. 20030391 14, Deed Records Nueces County, Texas. Said 10.293 acre tract being more particularly described as follows. BEGINNING at a point in the south right of way of Graham Road, for the northeast corner of Lot 1, Block 1, Waldron Road Subdivision, as shown on a map recorded in Volume 67, Page 318, Map Records Nueces County, Texas, and for the northwest corner of this survey. THENCE with the south right of way of Graham Road, South 61'20'34" East, a distance of 657 26 feet to a point for an outside corner of the Four Bluff Gas Plant Unit 2, as shown on a map recorded in Volume 34, Page i 40, Map Records Nueces County, Texas, and for the northeast corner of this survey. THENCE South 2892-20" West. a distance of 327.28 feet to a point for an inside corner of said Flour BlutTGas Plant Unit 2, and for an outside corner of this survey THENCE North 6I'27'08" West, a distance of 300.27 feet to a point for an outside corner of said Flour Bluff Gas Plant Unit 2 and for an inside corner of this survey. THENCE South 28'39'26" West, a distance 01 631.62 feet to a point for the northeast corner of Lot 6, Block 1, Flour Bluff Garden Unit 2, as shown on a map recorded in Volume 36, Page 172, Map Records Nueces County, Texas, and for the southeast corner of this survey. THENCE with the north line of said Lot 6, North 61'25'42" \Vest, a distance of 319.10 feet to a point for the southeast corner of Lot 5, Block 1, Waldron Road Subdivision, as shown on a map recorded in Volume 67, Page 56, Map Records Nueces ( ounty, Texas, and for the southwest corner of this survey. THENCE with the east line of said Lot 5. North 28'34'18" East, a distance of 150.00 feet to a point for the northeast corner of said Lot 5, and for an inside comer of this survey, THENCE North 61°26'02' West, a distance of 37.14 feet to a point for an outside corner of this survey. THENCE North 2894'18" East, a distance of 213.76 feet to a point for an inside corner of this survey, THENCE North 61`2014" West, a distance of 262 4! feet to a point in the east right of way of Waldron Road for an outside corner of this survey, THENCE with the east right of way of Waldron Road, North 2894'18" East, a distance of 50.00 feet to a point for an outside corner of this survey THENCE South 61"20'34" East, a distance of 262.41 feet to a point for an inside corner of this survey. THENCE North 2894'18- East, a distance of 546.25 feet to the POINT of BEGINNING, and containing 10.293 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. crrula0 &. Ronald E Brister, RPLS No. 5407 Date June 30, 2015, Job No '5975 Exhibit "A" Exhibit "B" Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No. 0715-05 HTE No. 15-10000041 Planning Commission Hearing Date: July 29, 2015 Applicant & Legal Description Applicant/Representative: John Kendall and The Boston Group Owner: Cloudcroft Land Ventures, Inc. Legal Description/Location: Being 10.293 acres of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road approximately 260 feet east of Waldron Road. Zoning Request From: "RM -1" Multifamily 1 District To: "CG -2" General Commercial District Area: 10.293 acres Purpose of Request: To allow the development of a boat storage facility. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 Vacant Commercial and Medium Density Residential North "CG -2" General Commercial Commercial and Vacant Medium Density Residential South "RM -1" Multifamily 1 Public Semi -Public and Vacant Public Semi -Public East "IH" Heavy Industrial Heavy Industrial Light Industrial West "CG -2" General Commercial Commercial and Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Future Land Use Plan, but some elements of the Flour Bluff Area Development Plan. Map No.: 035031 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 260 feet of street frontage along Graham Road, which is a "01" Minor Residential Collector street, and 50 feet of street frontage along Waldron Road which is an "A2" Secondary Arterial Divided street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Graham Road. "01" Minor Residential Collector 60' ROW 40' paved 57' ROW 18' paved N/A Waldron Road "A2" Secondary Arterial Divided 100' ROW 54' paved 86' ROW 61' paved 15,938 ADT Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District to allow the development of a boat storage facility. Development Plan: The proposed rezoning is in the Flour Bluff area. The applicant is proposing a boat storage facility on 10.293 acres of land, which fronts mostly Graham Road and has access to Waldron Road. There will be four buildings on site for a total of 295 boat stalls. Each stall will be approximately 481 square feet. One employee will remain on site. Customers will have access seven days a week during the operating hours of 8 a.m. to 5 p.m. A 10 -foot -wide buffer yard and 5 buffer yard points will be required along the property line adjacent to the "RM -1" Multifamily 1 District. Along the property lines adjacent to the "IH" Heavy Industrial, a 15 -foot -wide buffer yard and 15 buffer points will be required. Existing Land Uses & Zoning: North and west of the subject property is zoned "CG -2" General Commercial and consists of an O'Reilly Auto Parts retail store, a boat repair shop, vacant land fronting Waldron Road and Mango Car Wash. South of the subject property is zoned "RM -1" Multifamily 1 where a church, St. Peter's By the Sea, is located and vacant land. East of the subject property is zoned "IH" Heavy Industrial with a gas plant on it. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Future Land Use Plan's designation of the property as medium density residential. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: Existing industrial uses south of South Padre Island Drive and between Waldron Road and Laguna Shores should be encouraged to transition into uses compatible to adjacent proposed multi -family land uses if, and when the current uses are discontinued. — Flour Bluff Area Development Plan Policy Statement B.12 Planning Commission Final Report Page 3 - Expansion of commercial or industrial use into residential areas may be permitted only if the expansion maintains or improves the residential desirability of the impacted area. — Comprehensive Plan Land Use Statement E - Minimize the impact of commercial areas on adjacent, existing or future residential areas through the use of compact design, screening fences, open space and landscaping — Comprehensive Plan Commercial Land Use Policy B - Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhoods. — Comprehensive Plan Commercial Land Use Policy D - Encourage all business areas to develop and maintain a pleasing environment - Comprehensive Plan Commercial Land Use Policy E Plat Status: The property will need to be re -platted. Department Comments: • The existing zoning of "RM -1" Multifamily 1 is not a desirable location for residential uses because of its adjacency to an "IH" Heavy Industrial District where a gas plant currently is in operation. • A zoning of "CG -2" General Commercial District allows for an expansion of the commercial zoning to the northwest of the subject property where the O'Reilly Auto Parts retail store is located, which provides further buffer between the gas plant and the developed properties due west and to the south. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • It is staff's opinion that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • The rezoning is consistent with elements of the city's Comprehensive Plan. • The rezoning is compatible with the adjacent neighborhood and land uses. • The zoning map amendment does not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District. Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 12 within 200 -foot notification area 9 outside notification area As of August 4, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 1 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application 4. Public Comments Received K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0715-05 John Kendall and The Boston Group (10.293 acres)\Council Documents\Report for CC_0715-05 John Kendall and The Boston Group.docx SUBJECT PROPERTY LOCATION MAP City of Corpus Christi CASE: 0715-05 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table A in opposition WALDRON RD. BOAT STORAGE BUILDING BOAT STORAGE BUILDING n - o n r. ko N x f-1 h n irn w iF N 0 ▪ z y W co O N N a -4 co rn a CD I XI Ca C`'on o rn 1 1. Development Services DepL P.D. Bax 9277 Carpus Christ. Texas 78489-9277 (381) 826-3240 Located at 2408 Leopard Street REZONING APPLICATION 0 Case No.: 0715-10 _ Map No.: O3SC3.�i 1 PC Hearing Date: 7 - a 9r - l S Proj.Mg / �= Hearing Location: City Hall. Council Chambers. 1201 Leopard Street Hearing Time: 5:30 p.m. • A MAXIMUM OF FNE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL HOT BE ACCEPTED. Applicant -1•' .%fr n.., Sl�c��u�� F,c <�+.,..c ""`�ontact Person : _)• H'. /ler•✓•cwirc- Mailing Address::WI 4-, r 2. ~;JRTN rX r"ti a State: i� ZIP: S, Yy Phone: (3 £ I) B-74"` City. ram /3- �....� E-mail Cell: (34e ) 74c, - 4.439 s-.rAe r.27 2. Property Owner(s): Contact Person /C'//1 -r- C''X Mailing Address: 494' i S, o/'ly`c • 51.4.,,e1 /On.. �`' . TC 143'1.- City: oZCity: -`"-P "s state: Ti's: _ZIP• 7€"-t- Phone: (a' E. %) 2 .7 Cep: (3 6 /) etf.s S Ye/ E -mai 3. Subject Property Address: _ �'-'/s�.O' /SA Area of Request (SFlacres): / ILLS /19•a 3 gams Current Zoning & Use. / M -1 Proposed Zoning & Use: ccYx 12 -Digit Nueces County Tax ID: 1212 - Subdivision Name: Block: Lot(s): Legal Description if not platted: /3.' St #4 es du r cif . C s / 3 r FAA," /3e f LNG. Go,., Yi4. 4. Submittal Requirements: ❑ Early Assistance Meeting: Date Held ; with City Staff ❑ Land Uee Statement 0 Disclosure of Interest ['Copy of Warranty Deed IF APPLICABLE: ❑ Peak Hour Trip Form (if request Is inconsistent with Future Land Use Plan) 0 Sita Plan for PUD or Special Permit ❑ Metes & Bounds Description with exhibit if property Includes un -platted land (sealed by RPLS) ❑ Lien Holder Authorization ❑ Appointrnent of Agent Form if landowner is not signing this form I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning as or on behalf of the Property Owner(s); and the Information provided is accurate. or Agent's Signature Omar or Agent's Printed Name Applicant's Lure Applicant's Pdnted Name Office Use Only: Date Received: Lp -1..9-15 Received By: (/El1 ADP: P 13 Rezoning Fee: T I r74. 7S + PUD Fee JI4 + Sign Fee "I 20 .00 =Total Fee i 9q to .1 5 No. Signs Required S-10/sign Sign Posting Date KIDEVELOPh1FH SVC5ti5HAREa1UWo DEVEr.OPJaEHi1APPUCATION FORCING APPLICATION 201&DOC Ran Revised 5f1212015 STATE OF TEXAS COUNTY OF NUECES Field Notes of 10.293 acres of land being out of Lot 13 and 14, Section 55, Flour Bluff Encina! Farm Garden Tract, as shown on a map recorded in Volume "A", Pages 41 — 42, Map Records Nueces County, Texas Said 10.293 acre tract also being out of a 15.90 acre tract deed recorded in Document No. 20030391 14, Deed Records Nueces County, Texas. Said 10.293 acre tract being more particularly described as follows. BEGINNING at a point in the south right of way of Graham Road, for the northeast corner of Lot 1, Block 1, Waldron Road Subdivision, as shown on a map recorded in Volume 67, Page 318, Map Records Nueces County, Texas, and for the northwest corner of this survey. THENCE with the south right of way of Graham Road, South 61'20'34" East, a distance of 657 26 feet to a point for an outside corner of the Four Bluff Gas Plant Unit 2, as shown on a map recorded in Volume 34, Page i 40, Map Records Nueces County, Texas, and for the northeast corner of this survey. THENCE South 2892-20" West. a distance of 327.28 feet to a point for an inside corner of said Flour BlutTGas Plant Unit 2, and for an outside corner of this survey THENCE North 6I'27'08" West, a distance of 300.27 feet to a point for an outside corner of said Flour Bluff Gas Plant Unit 2 and for an inside corner of this survey. THENCE South 28'39'26" West, a distance 01 631.62 feet to a point for the northeast corner of Lot 6, Block 1, Flour Bluff Garden Unit 2, as shown on a map recorded in Volume 36, Page 172, Map Records Nueces County, Texas, and for the southeast corner of this survey. THENCE with the north line of said Lot 6, North 61'25'42" \Vest, a distance of 319.10 feet to a point for the southeast corner of Lot 5, Block 1, Waldron Road Subdivision, as shown on a map recorded in Volume 67, Page 56, Map Records Nueces ( ounty, Texas, and for the southwest corner of this survey. THENCE with the east line of said Lot 5. North 28'34'18" East, a distance of 150.00 feet to a point for the northeast corner of said Lot 5, and for an inside comer of this survey, THENCE North 61°26'02' West, a distance of 37.14 feet to a point for an outside corner of this survey. THENCE North 2894'18" East, a distance of 213.76 feet to a point for an inside corner of this survey, THENCE North 61`2014" West, a distance of 262 4! feet to a point in the east right of way of Waldron Road for an outside corner of this survey, THENCE with the east right of way of Waldron Road, North 2894'18" East, a distance of 50.00 feet to a point for an outside corner of this survey THENCE South 61"20'34" East, a distance of 262.41 feet to a point for an inside corner of this survey. THENCE North 2894'18- East, a distance of 546.25 feet to the POINT of BEGINNING, and containing 10.293 acres of land, more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. crrula0 &. Ronald E Brister, RPLS No. 5407 Date June 30, 2015, Job No '5975 LAND USE STATEMENT The property in question is 13.95 acres and currently zoned RM -1, Multifamily. It is the owner's intent to rezone the property to CG -2, General Commercial to allow the construction of a boat storage facility. There will be four buildings on site, with a total of 295 boat stalls, the stalls will 481 square foot in area. There will be 1 employee on site customers will access the facility 7 days a week, from the hours of 8:00 am to 5:00 pm. Land uses of the adjoining areas: North - CG -2 South - RMH East - IH West - RM -1 PEAK HOUR TRAFFIC (PHT) FORM Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone (361)826-3240 www cctexas.com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: ..ti /tv . Legal Description (Subdivision, Lot, Block):/3..9Aes dz-r F 4.7S /3 t (4f Scc. SS- fF-.. e r3ewFF Applicant Name: 7/Vie /3.0s T'i✓ Gti �-� Address: 3 1'3 O,Qsr,Z ,j -1W Si. re- (c7 City/State/Zip: 1Q4-)4 c.0.6 /0 83 "fG Telephone: g• ' / r Sys ' 4'7° 7 Email: .5A0-04,41-0/rerAlB'STmwGs.a:-p. S Application Status (Select One): Rezoning � Site PlanjStreet Closure Existing Land Use Tract Acres Unit of Measure Zoning Land l se I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips /3, '2 1-1 o /2,#''t - ! ,-1.-kr/A-,4-,14y 2 20 - 5"s" o .17 0 Proposed Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips t 3, 95-'i 1 9t, k" 9 5-- G6- Z c-�+Mrec.4r"'t - 9Vi 2.83 yo / 3.5-1 eilk Total Total Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) C__J /7 ,d,%Je6-.., / e-- . e - 3e.) ' • O ' For City Use Only El A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with Lthe City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not ❑ exceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note This completed and reviewed form must accompany any subsequent application for the IDENTICAL project CHANGES to the proposed project will require a new TIA determination to be made DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: 7/". /30s7 c G..- ... +f� STREET: 3113 443r 2 04-/dA1W 4r/ a 7 CITY: /12--drK (3 up- 6 r 4) ZIP: F 3 Y Y''' FIRM is: Corporation OPartnership OSole Owner OAssociation OOther 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 N6 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 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 CERTIFICATE 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 ofCorpus Christi, Texas as changes occur. Certifying Person: lir // d/"P Title: thQ' �//7 C<� ltiS7,e- �fint Name) v Signature of Certifying Person. Date: 6/9e5f/A--5.-- KIOEVELOPMENTSVCS.SHAREILAND DEVELOPMENTIAPPLICATION FORMSIREZONINGIDISCLOSURE OF INTERESTS STATEMENT 5,12.2015.DOC DISCLOSURE OF INTERESTS CIIty of Corpus Christ Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following Information. Every tutesfion must be answered If the question is not applicable, answer with 'NA' NAME: Cloudcroft Land Ventures, Inc. STREET: 701 Ayers CITY: Corpus Christi ZIP: 78404 FIRM fs:®Corporation °Partnership OSole owner °Association OOther DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) none 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above. named "firm". Name none True 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name Board Commission or Committee none 4. State the names of each employee or officer of a "consultant?' for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name none Consultant CERTIFICATE I cer that all information provided is true and correct as of the date of this statement, that I have not kn _ ly witMd disclosure of any lnto mafion requested, and that supplemental statements MI be promptly subm to the City of Corpus Christi, Texas as changes Dour.. y ,g Kim Cox PersonT Attomey-in-Fact Certif(Print Name) Signature at Certifying Person 16,1,64, Date 7/13/15 MCIEVELCPMENTMWOIAMNANO INVMXPIIERMAPKICATICli FOREDRIEVIANCOSCLOSURE of anuestsSTiatkrert S.11.7SItocc DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: J a /,'ice /edrvo.o STREET: S'Y6StreeF, 30/ CITY: C''fI r 5T/ 7%4 ZIP: 7I /� 3 FIRM is:treCorporation OPartnership ()Sole Owner OAssociation OOther 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 7,/4 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 31/4 or more of the ownership in the above named "firm". Name i Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 31/4 or more of the ownership in the above named "firm". Name •,4 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 31/4 or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested: and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. ��'' G,r '° '< Certifying Person: ' f Title: r`-�r��'�'"� (Print Name) Signature of Certifying Person: Date: r Z K DEVELOPMENTSVCSLSHARE01LAND OEVELOPMENTIAPPLUCATION FORMSIREZONING1DISCLOSURE OF INTERESTS STATEMENT_5.12.2015.000 APPOINTMENT OF AGENT As owner of the subject property, 1 hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: —gyp fay /' a-Ai/004x. Mailing Address: S gee S S7.:4/4 S4 rT•e- 3e / City: C".. ' 5 Cr4'4-rs_r Home Phone: ( ) State: i/X Zip: 2 Y// 3 Business Phone: ( 3 de i ) (Seri) ?dd ,aa 3 9 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and 1 will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the Iegal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a reference to the entity. *Signature of Agent: � // Title: �r`' Printed/7'yped Name of Agent: —..� / fir'''4t' Date: G -Z, *Signature of Property Owner: Title: ^1�e-",-- Printed/Typed Name of Property Owner: lTi7G - ' //4 2 Date: 4/is *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D W Brown APPOINTMENT OF AGENT2- 19-09 doc • Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al mimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0715-05 John Kendall and The Boston Group have petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Plan from medium density residential to commercial uses. The property to be rezoned is described as. Being 10.293 acres of land out of Lot 13 and 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road approximately 260 feet east of Waldron Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. July 29, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or Inperson, by telephone call or by letter. Printed Name: Ye/ Tki /01-tJ-SO tJ Address: 33 l 612-0.1-1 i I"t 72-01,31-7-) City/State: (_& (Zt1 - /C4 w S Phone: 361-23 Z-^3061 ( ) IN FAVOR KIN OPPOSITION REASON: CDC 1, SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000041 i 7_004 cSign pure Case No. 0715-05 Project Manager: Jessica Alford City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 Keith Hanson Area Resident 331 Graham Road Corpus Christi, TX 78418 C N.1r CG•2 CG.2 SUBJECT -�P��OPER{TfY RV u 44114464%r •0e IND IH ,1/4atrcS7 °g .r.� . ` rcercl — [+ITftrV It[NVI S 02 1M $ 00.486 0004287110 JUL17 2015 MAILED FROM ZIP CODE 7841 2 RM -1 Da. C..alad nuncio ?repined de-pmmym pip.rlm.nr orp..V.pm.nr Suakin CASE: 0715-05 SUBJECT PROPERTY WITH ZONING Subject Property RM•1 Mulutamuy I Rita Yuhlhmlly I RM -3 W mt.mVy 3 ON Proh.alonal 011ke Rea -Rt Y4RlYmly A7 CNet N.lohlmrhood Commercial CH ! Halohbath00d Commercial CR•I R..orl C.mmerch= CR 3 CG -1 CG7 CI ceo CR FR OP Resort Commercial General Commercial General Comm..thl Wiens v. Cemmercla. oownlown Commercial Resort Commercial Farm Kura' Historic Overlay Din Dees Park IL Ugh' InduYtYl IN Heavy Indu.trIal PUD Punned Und Dee Dem hy RS.10 SIdlII Fdmlty 10 RS -0 SmoleFamiy RS46-6 S1ngh•P.0Sya-6 RS TF 11.0•Famlry RS 16 SI.g4•F.mly IS RE R..IO.M4I E.t.l. R5 -1H Townhouse SP Special Permit Ry Reenumna UMW* Park RUM wnuhdtlrsd Home SUBJECT OPERTY 1LOCATION MAPJ City of Corpus Christi .w�R116� AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 25, 2015 Second Reading for the City Council Meeting of September 8, 2015 DATE: August 4, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for property at 401 Graham Road CAPTION: Case No. 0715-06 John Kendall and The Boston Group: A change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District. The property is described as being 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts, located along the south side of Graham Road between Waldron and Humble Road. PURPOSE: The purpose of this item is to rezone property to allow the development of an outdoor boat storage facility. RECOMMENDATION: Planning Commission and Staff Recommendation (July 29, 2015): Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District and, in lieu thereof, approval of a change in zoning to the "CC" Commercial Compatible District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant has requested the "IL" Light Industrial District — a more intensive zoning district — because the desired "CG -2" General Commercial District does not allow for outdoor boat storage or "open storage" unless it is accessory to retail sales or indoor boat storage. The proposed development plan does not include retails sales; therefore open storage for the purpose of storing rental of boats and trailers would not be allowed. City staff believes the "CC" Commercial Compatible District would allow for a better buffer and land use transition because the subject property's adjacency to the gas plant. The "CC" District also allows for open storage for self -storage uses, which includes boat storage. It would have to be screened in accordance with the requirements outlined in UDC Article 7.4. The applicant is in agreement with Staff's recommendation of the "CC" Commercial Compatible District. ALTERNATIVES: 1. Deny the requested "IL" District and approve the "CC" District. 2. Approve the "IL" District (3/4 vote required). 3. Deny the rezoning altogether. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Plan's designation of the property as medium density residential. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission 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 Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner") by changing the UDC Zoning Map in reference a 2.257 -acre tract of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts from the "RM - 1" Multifamily 1 District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 29, 2015, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District and, in lieu thereof, approval of a change of zoning to the "CC" Commercial Compatible District, and on Tuesday, August 25, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of a 2.257 - acre tract of land out of Lot 14, Section 55„ Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road between Waldron Road and Humble Road (the "Property"), from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District (Zoning Map No. 035031), as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 0715-06 IL Ordinance -John Kendall and The Boston GroupJohn Kendall and The Boston GroupPage 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy 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 Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0715-06 IL Ordinance -John Kendall and The Boston GroupJohn Kendall and The Boston GroupPage 3 of 3 STATE OF TEXAS COUNTY OF NUECES Field Notes of 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm Garden Tract, as shown on a map recorded in Volume "A", Pages 41 —42, Map Records Nueces County, Texas. Said 2.257 acre tract being more particularly described as follows. COMMENCING at a point in the south right of way of Graham Road, in the north line of Lot I, Block 1, Waldron Road Subdivision, as shown on a map recorded in Volume 67, Page 318, Map Records Nueces County, Texas. THENCE with the south right of way of Graham Road, South 61°20'34" East, a distance of 893.66 feet to a point. THENCE with the south right of way of Graham Road, South 61°58'44" East, a distance of 60.20 feet to a point, for the northwest corner of this survey, and for the POINT of BEGINNING. THENCE with the south right of way of Graham Road, South 6I°24'28" East, a distance of 300.03 feet to a point for the northeast corner of this survey. THENCE South 28°34'57" West, a distance of 327.60 feet to a point for an outside corner of the Flour Bluff Gas Plant Unit 2, as shown on a map recorded in Volume 34, Page 140, Map Records Nueces County, Texas, and for the southeast corner of this survey. THENCE North 6l°25'313" West, a distance of 300.07 feet to a point for an inside corner of said Flour Bluff Gas Plant Unit 2 and for the southwest corner of this survey. THENCE North 28°35'23" East, a distance of 327.71 feet to the POINT of BEGINNING, and containing 2.257 acres of land, more or less. Notes: I .) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. Ronald E. Brister, RPLS No. 5407 Date: June 30, 2015. Job No 15975 Exhibit "A" �e! 1i1W11fAh11fOA11 IFynI n• L.f .421e2JGe Nh7NY 1L L71CU U IMN1 C 2i{ wJl•TJZ 1 n,7,1 2. ..N.4 K a.l'lhtw In 0.1.1r ,41 .lv2YMI 22,1]s[Hf2A t let HJrw (WON VOiIQ1V Exhibit "B" HAN .a i Ordinance amending the Unified Development Code ("UDC"), upon application by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner") by changing the UDC Zoning Map in reference a 2.257 -acre tract of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts from the "RM -1" Multifamily 1 District to the "CC" Commercial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 29, 2015, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District and, in lieu thereof, approval of a change of zoning to the "CC" Commercial Compatible District, and on Tuesday, August 25, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by John Kendall and The Boston Group on behalf of Cloudcroft Land Ventures ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of a 2.257 - acre tract of land out of Lot 14, Section 55, Flour Bluff Encinal Farm and Garden Tracts, located along the south side of Graham Road between Waldron Road and Humble Road (the "Property"), from the "RM -1" Multifamily 1 District to the "CC" Commercial Compatible District (Zoning Map No. 035031), as shown in Exhibit "A" and Exhibit "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 0715-06 CC Ordinance -John Kendall and The Boston GroupJohn Kendall and The Boston Group Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy 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 Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0715-06 CC Ordinance -John Kendall and The Boston GroupJohn Kendall and The Boston Group Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES Field Notes of 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm Garden Tract, as shown on a map recorded in Volume "A", Pages 41 —42, Map Records Nueces County, Texas. Said 2.257 acre tract being more particularly described as follows. COMMENCING at a point in the south right of way of Graham Road, in the north line of Lot I, Block 1, Waldron Road Subdivision, as shown on a map recorded in Volume 67, Page 318, Map Records Nueces County, Texas. THENCE with the south right of way of Graham Road, South 61°20'34" East, a distance of 893.66 feet to a point. THENCE with the south right of way of Graham Road, South 61°58'44" East, a distance of 60.20 feet to a point, for the northwest corner of this survey, and for the POINT of BEGINNING. THENCE with the south right of way of Graham Road, South 6I°24'28" East, a distance of 300.03 feet to a point for the northeast corner of this survey. THENCE South 28°34'57" West, a distance of 327.60 feet to a point for an outside corner of the Flour Bluff Gas Plant Unit 2, as shown on a map recorded in Volume 34, Page 140, Map Records Nueces County, Texas, and for the southeast corner of this survey. THENCE North 6l°25'313" West, a distance of 300.07 feet to a point for an inside corner of said Flour Bluff Gas Plant Unit 2 and for the southwest corner of this survey. THENCE North 28°35'23" East, a distance of 327.71 feet to the POINT of BEGINNING, and containing 2.257 acres of land, more or less. Notes: I .) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. Ronald E. Brister, RPLS No. 5407 Date: June 30, 2015. Job No 15975 Exhibit "A" �e! 1i1W11fAh11fOA11 IFynI n• L.f .421e2JGe Nh7NY 1L L71CU U IMN1 C 2i{ wJl•TJZ 1 n,7,1 2. ..N.4 K a.l'lhtw In 0.1.1r ,41 .lv2YMI 22,1]s[Hf2A t let HJrw (WON VOiIQ1V Exhibit "B" HAN .a i Aerial Overview pgRo IN 37 MN, 44 BEAR-Ir‹,aVicinity Map CR 2a V FM dBs a 9RATo fpN w M 665 2 2 q ¢may OSO R10 s 3 5 CR 12 WHITECAP FIN 10 WINN Aerial PLANNING COMMISSION FINAL REPORT Case No. 0715-06 HTE No. 15-10000040 Planning Commission Hearing Date: July 29, 2015 Applicant & Legal Description Applicant/Representative: John Kendall and The Boston Group Owner: Cloudcroft Land Ventures, Inc. Legal Description/Location: Being 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts, located along the south side of Graham Road between Waldron and Humble Road. Zoning Request From: "RM -1" Multifamily 1 District To: "IL" Light Industrial District Area: 2.257 Purpose of Request: To allow the development of a boat storage facility. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 Vacant Medium Density Residential North "CG -2" General Commercial Park Park South "IH" Heavy Industrial Heavy Industrial Light Industrial East "RM -1" Multifamily 1 Low Density Residential Medium Density Residential West "IH" Heavy Industrial "IH" Heavy Industrial "IH" Heavy Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Plan or the Flour Bluff Area Development Plan. Map No.: 035031 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 300 feet of street frontage along Graham Road, which is a "01" Minor Residential Collector street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Graham Road. "01" Minor Residential Collector 60' ROW 40' paved 57' ROW 18' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District to allow the development of a boat storage facility with open boat storage. Development Plan: The proposed rezoning is within the Flour Bluff area. The applicant is proposing outdoor boat storage or self -storage on 2.257 acres. The proposed outdoor boat storage will require screening in accordance with Unified Development Code Article 7.4. At a minimum, the Unified Development Code would require a 20 -foot wide front yard on Graham Road. A buffer yard of 10 feet with 5 points would be required along the property lines abutting the "IH" Heavy Industrial District. Additionally, any structure adjacent to single-family or two-family uses will require a setback in compliance with UDC Article 4.2.8.C. This may apply to the eastern property line. A buffer yard of 15 feet with 15 points would be required along the property lines abutting the "RM -1" Multifamily 1 District. The site is proposed to have access from Graham Road. Existing Land Uses & Zoning: North and west of the subject property is zoned "CG -2" General Commercial and consists of a park. South of the subject property is zoned "IH" Heavy Industrial with a gas plant on it. East of the subject property is zoned "RM -1" Multifamily 1 and has low-density residential uses. West of the subject property is zoned "IH" Heavy Industrial and consists of an access road to the power plant. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Plan's designation of the property as medium density residential. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: Existing industrial uses south of South Padre Island Drive and between Waldron Road and Laguna Shores should be encouraged to transition into uses compatible to adjacent proposed multi -family land uses if, and when the current uses are discontinued. — Flour Bluff Area Development Plan Policy Statement B.12 Planning Commission Final Report Page 3 - Expansion of commercial or industrial use into residential areas may be permitted only if the expansion maintains or improves the residential desirability of the impacted area. — Comprehensive Plan Land Use Statement E - Minimize the impact of commercial areas on adjacent, existing or future residential areas through the use of compact design, screening fences, open space and landscaping — Comprehensive Plan Commercial Land Use Policy B - Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhoods. — Comprehensive Plan Commercial Land Use Policy D - Encourage all business areas to develop and maintain a pleasing environment - Comprehensive Plan Commercial Land Use Policy E Plat Status: The subject property would need to be re -platted. Department Comments: • The existing zoning of "RM -1" Multifamily 1 is not a desirable location for residential uses because it is adjacent on two sides to an "IH" Heavy Industrial District where a gas plant currently is in operation. • The applicant has requested the "IL" Light Industrial District — a more intensive zoning district — because the desired "CG -2" General Commercial District does not allow for outdoor boat storage or "open storage" unless it is done in conjunction with retail sales. The proposed development plan does not include retails sales; therefore open storage for the purpose of storing rental of boats and trailers would not be allowed. • City staff believes the "CC" Commercial Compatible District would allow for a better buffer and land use transition because the subject property's adjacency to the gas plant. The "CC" District also allows for open storage for self -storage uses, which includes boat storage. It would have to be screened in accordance with the requirements outlined in UDC Article 7.4. • The "CC" District provides for a wide range of business uses in appropriate locations, which can provide a buffer between residential uses and intensive public facilities, private businesses and manufacturing uses which could present a threat to public health, safety and welfare. • It is staff's opinion that the proposed rezoning would provide for more compatibility with the surrounding heavy industrial and residential properties. • A "CC" Commercial Compatible District would provide for more compatibility with the surrounding heavy industrial and residential properties. • Staff's opinion is that a properly screened outdoor boat storage development would provide additional buffer between the residential uses and the heavy industrial uses, which does increase the residential desirability of this neighborhood - one of the findings required of the Comprehensive Plan when deciding which commercial uses to allow within residential areas. Planning Commission Final Report Page 4 Planning Commission and Staff Recommendation: Denial of the change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District and, in lieu thereof, approval of a change in zoning to the "CC" Commercial Compatible District. Public Notification Number of Notices Mailed — 10 within 200 -foot notification area 9 outside notification area As of July 22, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 1 outside notification area Totaling 10.52% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application 4. Public Comments Received K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0715-06 John Kendall and The Boston Group (2.257acres)\Council Documents\Report for CC_0715-06 John Kendall and The Boston Group.docx CG -2 SUBJECT PROPERTY IH R/M - 1 s W � m 0 i 10 55 Date Created: 7/14/2015 400 800 Prepared By: jeremym Feet Department of Development Services CASE: 0715-06 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY LOCATION MAP 4a City of Corpus Christi BOAT STORAGE BUILDING BOAT STORAGE BUILDING u w 0 0 a S n 711 0 n F XnN A ,- ,rnin 2 ag > a -4 co o'Wo o Go TT ' D X01 u V' V/ �� � � p pD co s..." H SG 2 2 W +1 t N �I o { /) N i ~ m i'`'on o71 lobo" 1 r5-. Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 704e9-9277 (361)828-3240 Located at 24013 Leopard Street 0 115-!UUU[J(' REZONINGA14-111.1CATION o3503/ Case No.: 0'7/S 0 (9Map No.: 1 PC Hearing Date: 7- rte[ /S. Proj.Mgr. 144(.64--) Hearing Location: City Hall. Council Chambers. 1201 Leopard Street Hearing Time: 5:30 p.m. • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEAR(NG. • INCOMPLETE APPLICATIONS WILL NOT OE ACCEPTED. /3- 1. Applicant.)',rO.' /4c ....6e- , Contact Parson : JF' Mailing Address: 7/L E -mala: City; 2eil4 c-tiG Stata /eD ZIP_ S 2. Property Owners). C� "(- Mailing Address: - r S City; c e.c f'- (-'Yrr- - ••$ i 1 E-mail. 3. Subject Property Address' Currant Zoning & Use - Phone: ( 34/ } gaa calk (3" ) 960—cx�3� tvontact Person :_ /,`" G. -•/C e♦ 5e,- c. p tjcF State:7X ZIP' 7�Yiti Phone: (3 i 2 Cala: (� ✓ 5 _ S-7ii Grr--#41 7 ."'1v. Areaor+vdyaost(2Ff4::mac): ?_S Proposed Zoning & Usa: _ L- 12 -Digit Nueces County Tax ID. --�. --._— Y--�•- Subdlvision Name: Legal Description If not platted. a.. 2 S c s Block: Lot(s): dr -7 of. /'Y spy. 5S` FA�a,rw 3rc.4F -r ,sy:✓ter Gw 4. Submittal Requirements- o Early Assistance Meeting: Date Held ; with Ctty Staff Q Land Use Statement 0 Disclosure of interest 0 Copy of Warranty Deed IF APPLICABLE o Peak Hour Trip Form (if request is Inconsistent with Future Land Use Plan) 0 Site Plan for PUD or Special Permit ❑ Metes & Bounds Description with exhibit 11 property Includes un -platted land (seated by RPLS) 0 Lien Holder Authorization ❑ Appointment of Agent Form If landowner is not signing this form I certify that I have provided the City of Corpus Christi with complete to Owner(s); application lis m authorized accurate. o initiate this rezoning as or an behalf of the Propertyand (idne`r AgentsSignature TT NISerarAgenrs Printed Name Appticant's,Slgr1 atureature Appacant's Printed Name Office Use Only: Date Received: iQ - Q- ks Received By: 1—iik(g P ADP: Rezoning Fee. # { t. Z. • 50 + PUD Fee N/ A + Sign Fee 1 D .0 0_= Total Fee No. Signs Required 1 © &10/sign Sign Posting Date' KOEVELCIPMENTSVCSISHAFIEDVIN3 OEVELOPME IAPPUCATON FORMSRETWINGIZONING APPl1CAli1O1r2015-000 A.n02. . SO orrn ReVis$d 51121201S LAND USE STATEMENT The property in question is 2.25 acres and currently zoned RM -1, Multifamily. It is the owner's intent to rezone the property to CG -2, General Commercial to allow the construction of a boat storage facility. There will be two buildings on site, with a total of 80 boat stalls, the stalls will be 481 square foot in area. There will be one employee on site customers access the facility 7 days a week, from the hours of 8:00 am to 5:00 pm. Land uses of the adjoining areas: North - CG -2 South - IH East - RM -1 West - IH 71.9' ' PEAK HOUR TRAFFIC (PHT) FORM Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone (361)826-3240 www cctexas.com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: i7I4011/,4 12.• ,4 Legal Description (Subdivision, Lot, Block): .2.. ZS "47c dvr / Y Sc .. <-s "40wn- e6s+F',' 7 of c._ Tri Applicant Name: T/- /3.5 7'w /" Address: 3 Y3 'sT 2 n/.i, -T1! /° 7 City/State/Zip: ( it'/3 u/'- a /A. 13 i/ / Telephone: 5.° / sib S-- 7 v 7 Email: 5/04-NL,g-0-Q17H4-/3+57-...--, 6rc.s..P. r -0s Application Status (Select One): Cf' Rezoning • Site P1anEIStreet Closure Existing Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak ' P.M. Trips 2 -F ---,--( /Z ^.— / /►n vi-mcA..n y 224 -S-4- d ...d.7 a Prouosed Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 38, yfo C6 -2. C.es+r +-e,,44 9VL 2. 23 ./4 9 ' 3..re (3 Total Total Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) Gti/L/*,vr i& 4, , / - 34) ' LO ' For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with Lthe City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not -exceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note: This completed and reviewed form must accompany any subsequent application for the IDEN77CAL project. CHANGES to the proposed project will require a new TIA determination to be made DISCLOSURE OF INTERESTS City of Corpus Christi ordnance 17112, as amended, requires an persons or firms seeking to do bsisfriess with the City to provide the following Information. Every question must be answered. if the question is not applicableanswer with 'NA' NAME: Cloudcroft Land Ventures, Inc. STREET. 701 Ayers cmr: Corpus Christi MMP: 78404 FIRM is @Corporation 0 Partnership 0 Sok owner 0 Association O Other DISCLOSURE QUESTIONS If additional space is necessary please use the reverse side of this page or attach separate sheet, 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Tide and City Department (if known none 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name none 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 none 4, State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more of the ownership in the above named "liras". Name Consultant none CERTIFICATE that all information provided is true and correct as of the date of this statement, that I have not knowingly disclosure of any information requested: and that supplemental statements will be promptly submitted to the City of Corpus Chnsti, Texas as changes occur Certifying Person Kim Cox T Attomey-in-Fact (Print Name) Signature of Certifying Person J4A?it4..' Date 7/13/15 ,c wv+) FOTX34 FOFDASREZONUCRINSCLOSitIkEOrDO sras_x.cr.xrferec DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: %/-4e- /3Q 3 Testi STREET: 3Y3 4r/" 7 CITY: /e-dcx/3,o-ZIP: S= 3 YY -7 FIRM is: Corporation O Partnersh ip O Sale Owner O Association O Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 1/%4' 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 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name / Consultant N/r4 CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. y� Certifying Person: /%ri7 Title: .l-14t‘-c_c� 47� f int Name) r / ✓ Signature of Certifying Person. ..-. Date: (moi 61./4/ K bEVELOPMENTSVCSISHAREDILAND DEVELOPMENTIAPPLICATION FORMS REZONINGIDISCLOSURE OF INTERES. S STATEMENT 5.12 2015.D1 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: J /I,J je: ,( - STREET: S -•F, G S 540tiex-s.11F 30/ CITY: '`-'9.^-e52—/* rf< ZIP: FIRM is: Corporation O Partnership O Sole Owner O Association O Other yi3 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 i Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee 1;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 r� Consultant CERTIFICATE 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: / Title: r`ssee--7"-- (Print r'`"r(Print Name) Signature of Certifying Person: Date: " f —/S K' 1DEVELOPMENTSVCSISHAREQCAKD DEVELOPMENTV,PPLICATION FORMS REZONING\DISCLOSURE OF INTERESTS STATEMENT 5.12.2016 DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: -' N�`-' �'�"��p Mailing Address: S gem S. r 30 / City: C.,, fo, 5 e-ev c -e- State: ,x Zip: 2 / r/ 3 Home Phone: ( 1 Business Phone: ( 3‘i ) Ya8-?l "Cell: ( 1 1 94-1 _4a39 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a reference to the entity. *Signature of Agent: Title: Printed/Typed Name of Agent: 4:4-,,c),..0 Date: G -- Z 9 *Signature of Property Owner: _ Title: // Y.tf'ra Printed/Typed Name of Property Owner:e./7Z.'`e- 747/41 /41= Date:4' 0 *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W.Brown.APPOINTMENT OF AGENT2-19-09 doc BOAT STORAGE BUILDING BOAT STORAGE BUILDING u w 0 0 a S n 711 0 n F XnN A ,- ,rnin 2 ag > a -4 co o'Wo o Go TT ' D X01 u V' V/ �� � � p pD co s..." H SG 2 2 W +1 t N �I o { /) N i ~ m i'`'on o71 STATE OF TEXAS COUNTY OF NUECES Field Notes of 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm Garden Tract, as shown on a map recorded in Volume "A", Pages 41 —42, Map Records Nueces County, Texas. Said 2.257 acre tract being more particularly described as follows. COMMENCING at a point in the south right of way of Graham Road, in the north line of Lot I, Block 1, Waldron Road Subdivision, as shown on a map recorded in Volume 67, Page 318, Map Records Nueces County, Texas. THENCE with the south right of way of Graham Road, South 61°20'34" East, a distance of 893.66 feet to a point. THENCE with the south right of way of Graham Road, South 61°58'44" East, a distance of 60.20 feet to a point, for the northwest corner of this survey, and for the POINT of BEGINNING. THENCE with the south right of way of Graham Road, South 6I°24'28" East, a distance of 300.03 feet to a point for the northeast corner of this survey. THENCE South 28°34'57" West, a distance of 327.60 feet to a point for an outside corner of the Flour Bluff Gas Plant Unit 2, as shown on a map recorded in Volume 34, Page 140, Map Records Nueces County, Texas, and for the southeast corner of this survey. THENCE North 6l°25'313" West, a distance of 300.07 feet to a point for an inside corner of said Flour Bluff Gas Plant Unit 2 and for the southwest corner of this survey. THENCE North 28°35'23" East, a distance of 327.71 feet to the POINT of BEGINNING, and containing 2.257 acres of land, more or less. Notes: I .) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. Ronald E. Brister, RPLS No. 5407 Date: June 30, 2015. Job No 15975 1i1W11fAh11fOA11 thinI n• L.f .42f e2JGe It. -1141. sl'L71CU W .c..-441114 2i{ wJl•TJZ 1 n+^Jnt ren MN...* a.1.1Pltw 111 0.1.1r ,11 .Vv1F1I 22 .13 .rf t +Mwi e4'1 l.et NJr,N O VON N0,1171110. HAN .a i rtPersons with disabilities planning to attend this meeting, who may require special services, are requested to contact he Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a este junta v aue requieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su inyles es li riladq, favor de Ilamar al departamento de servicios de desarrollo al numero (3611_826-3240 al menos 48 hors s_dela iunta Dara s1 un.interprete ser presente durante la junta. JUL 21201,,, J CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0715-06 DEVELOPMENT SIR SPECIAL SRRVICES John Kendall and The Boston Group have petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from medium density residential to light industrial uses. The property to be rezoned is described as: Being 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts, located along the south side of Graham Road between Waldron Road and Humble Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 29, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT. SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P, O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277_ ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter. Printed Name: ,C)4/f,�.2 / /,cl/ Y,, 72 /tJJ /moi ,Z JTY/E Address: 3 3 7 6,,o-1/9/ 7 ,e2L City/State: ( ) IN FAVOR ( '1N OPPOSITION Phone: 937 3.28, 5 REASON: 'Me) (..„42)6L To ter,E5/1yAir_Zi ?D•53/&E /�!%✓�G /53 24 btliV-VX/ 2/977h WU 6//80604) 604) 41,411 44 k SEE MAP ON REVERSE SIDE Property Owner ID: 7 HTE# 15-10000040 #7 & #8 = 10.52% Signature Case No. 0715-06 Project Manager: Jessica Alford City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 7 496000010020 MCINTYRE DARRELL E AND ANTHONY ANN MCINTYRE WFE 337 GRAHAM RD CORPUS CHRISTI, TX 78418 3. 1171%11Y ROWL% 02 1M $ 00.485 0004287110 JUL 17 2015 MAILED FROM ZIPCODE 78412 CG -2 400 2DO Feel 001. Cos./ad., 71742012 /4.12!.4 Br pramym Divan mint .l 04..Iepm.nr 94441444 CASE: 0715-06 SUBJECT PROPERTY WITH ZONING 177 Subject Property RM.1 MuRWmly 1 RM -2 M.RII. ,Iy 2 O 113 WRNamlly2 pry P1.haelenal OlRee 1.11-117 MuRR.mNy A7 CN 1 N.10eglhood CarnoM Yl CN -2 W10RIle1Ro.d C.mm.leMI CR -1 Roam. Cemmorelal CR4 Ref OR C.mmeleMI CO -1 0.Mn4 Cemmm1Nl C0-2 O.n.ral Cammere101 CI hMn.M Commercial E BO 0012.11.24!1:...-rerc111 x-03 Risen Comm -eclat FR FM. Rural N Nhle le 0..1ay EP Suael.a. Pads R, Light lndu.0Ml 0. Wary llwuerMl PVD PIImM1 1/m Dar Overlay RS 10 Sing. Family ID RSR S1nDl..Fam1y12 1111.42 21n01.•F.mly..0 RS 7F Two -700011* RS IF Singly F.mly IS RE R.aldaml.1(2121. O 3-721 7e24.heuf. SP Sgel.l Permit R1/ R.rnatl.nol Whh2.Porh R/111 SU,ul.tew.n Nrn. SUBJECT ROPERTY LgcATIONMARj City of Corpus Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su ingles es limitedo. favor de Ilamer al departamento de servicios de desarrollo al niimero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0715-06 John Kendall and The Boston Group have petitioned the City of Corpus Christi to consider a change of zoning from the "RM -1" Multifamily 1 District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from medium density residential to light industrial uses_ The property to be rezoned is described as. Being 2.257 acres of land being out of Lot 14, Section 55, Flour Bluff Encinal Farm & Garden Tracts, located along the south side of Graham Road between Waldron Road and Humble Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Pian, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 29, 2015, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRIST!, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or inperson, by telephone call or by letter.. kre. 1,111, s 0 Printed Name: Address: 33 G o Pv--D ( ) IN FAVOR ()ON OPPOSITION ASON: Qat( °`Coto 12 �z SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 15-10000040 V City/State: L cY las de-v74r //etc 4'3 Phone: .tos l ` Z-32 i'SS�a S '943wao-4-- 5 � Signa ure Case No. 0715-06 Project Manager: Jessica Alford of Corpus Christi veiopment Services Dept. .0. Box 9277 Corpus Christi, Texas 78469 Keith Hanson Area Resident 331 Graham Road Corpus Christi, TX 78418 co -- 1'11641 Y ILOW1S 02 1M $ 00.485 0004267110 JUL 17 2015 MAILED FROM ZIFCODE 78412 CG -2 100 Coto Cc.al.d Y/4110!, Propane Ay I. "v'm dp.n.mm or bw.hpfoonf Sonloor CASE: 0715-06 SUBJECT PROPERTY WITH ZONING Subject / Property 1111 1 IWMll.mly 1 R61 2 II641111,m1y 2 011.1 6Iw111.,oIy 0 00 PI.laalan.l 0111e4 R11-11/1 Muddimly *0 CM 1 11•4064•1144641Camnerslal CMS M.ISbb.bo.d Co46m.4441 CR -1 1146..1CPmmf46ll cR•1 Co -1 CG CI CRS C113 FR H 1V Masan Camm.rcl.I b.n1r.FCammarcli Goners! Camm.rcll brl.nslr. Comm.rcl. DO.nrown CalnlnfrcI Rnwt Comments, FIM, Mural 0111.110 Overlay W.b... P..0 11 L10RI Indu.lrla. IM alar, Indu.11l.l P110 PlnlMd UPS On. Os.1l1 162.10 Singl.-Pamly 10 0641 $I, l.P.mly• RS.a 0 11.B1e Pam y. 6 RS TP Two -Fairly 00.10 Singlf-F.mly 10 00 R.61414n1ll Ca1.Y RS T1 164611116610. SP 905111 0.11.0 Ry loco tlonol g1.40. Pahl RIRM .1.nu1CWrld Roam SUBJECT OPERTY t 1� / oc1oN Ma] City of Corpus Christi AGENDA MEMORANDUM First Reading at the City Council Meeting of August 18, 2015 Second Reading at the City Council Meeting of August 25, 2015 DATE: August 7, 2015 TO: Ronald L. Olson, City Manager FROM: Carlos Gonzalez, Director of Facilities CarlosG2@cctexas.com (361) 826-3567 Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Authorization for Issuance of Certificates of Obligation for Facility Improvements CAPTION: Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2015" in an amount not to exceed $2,000,000 for the purpose of financing costs associated with making permanent public improvements within the City; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations on file with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the Certificates; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. PURPOSE: The City plans to issue up to $2,000,000 in Combination Tax and Limited Pledge Revenue Certificates of Obligation for the purpose of paying contractual obligations relating to making permanent public improvements to City facilities and to the paying of professional services related to the design, construction, project management, and financing of the projects. BACKGROUND AND FINDINGS: The City's Facilities Department has developed a 10 -year plan for making capital improvements to City facilities with a priority on senior centers as directed by the City Council on June 23, 2015. Fiscal Year (FY) 2015 is the first year of the plan, and the initial investment is programmed to be $2 million a year for ten years. The FY15 adopted Capital Improvement Budget and Planning Guide includes Comprehensive Facilities Improvements in the amount of $2,000,000. The following projects have been identified for the first year of funding: Roof & HVAC Replacement & Improvements at Lindale Senior Center, Northwest Senior Center, and Greenwood Senior Center; and repairs, renovations, and improvements to the City Hall skylight. Estimated annual debt service for the certificates of obligation is projected to be approximately $135,000. This payment will be made from property taxes - without requiring a tax rate increase. The Certificates of Obligation Act provides that certificates of obligation can be sold for cash only in certain circumstances, such as to address a public emergency or if the certificates of obligation are benefitted by a revenue pledge. As a result, municipalities who do not fall under these emergency categories are required to pledge as additional security for their certificates of obligation, some source of revenue stream that is authorized to be pledged under Texas law. This pledge oftentimes takes the form of a limited amount ($1,000) that the Texas Attorney General accepts as satisfying this revenue pledge requirement. The alternative (since the contemplated public improvements are not emergencies) to not pledging a revenue source and selling the certificates of obligation for cash would be to exchange the certificates of obligation directly with the provider of the goods or services — which would be prohibitively cumbersome for the City. Because of this requirement in the Certificates of Obligation Act and under advisement of the City's bond counsel and the City's financial advisor, the City is proposing to pledge $1,000 (one time) of Solid Waste System revenue to these certificates of obligation. By doing so, the legal requirements of the Certificates of Obligation Act will be satisfied - with a nominal effect to the Solid Waste System. This Solid Waste System revenue pledge was disclosed in the City's notice of intention to issue these Certificates of Obligation. According to the Local Government Code, Section 271.049, prior to the issuance of the certificates of obligation, the City is required to publish notice of its intention to issue the certificates once a week for two consecutive weeks in a newspaper of general circulation, with the date of the first publication to be before the 30th day before the date set for passage of the ordinance to authorize the issuance of the certificates. The notices were in the Corpus Christi Caller -Times on July 19, 2015 and July 26, 2015. Thirty days after the date of the first publication is August 18, 2015, and so City Council action to approve this ordinance in its second reading is scheduled for August 25, 2015 and is in compliance with the Local Government Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Facilities • Financial Services • Bond Counsel • Legal Department FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ 2,000,000 - $ 2,000,000 Encumbered/Expended amount of (date) - - - - This item - $ 2,000,000 - $ 2,000,000 BALANCE - - - - FUND(S): CIP Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE NO. AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2015" IN AN AMOUNT NOT TO EXCEED $2,000,000 FOR THE PURPOSE OF FINANCING COSTS ASSOCIATED WITH MAKING PERMANENT PUBLIC IMPROVEMENTS WITHIN THE CITY; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND FURTHER SECURING SAID CERTIFICATES BY A LIEN ON AND PLEDGE OF THE PLEDGED REVENUES OF THE SOLID WASTE SYSTEM; PROVIDING THE TERMS AND CONDITIONS OF SAID CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE, AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT; COMPLYING WITH THE REQUIREMENTS OF THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE CERTIFICATES; ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Corpus Christi, Texas (the City) has caused notice to be given of its intention to issue certificates of obligation in the maximum principal amount not to exceed $2,000,000 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes to the extent of availability of funds, to -wit: (1) constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the City's parks and recreation facilities (including roof repairs and HVAC replacement at Lindale Senior Center, Northwest Senior Center, and Greenwood Senior Center), and repairs, renovations, and improvements to City Hall skylight; (2) the costs of related landscaping and the purchase of materials, supplies, equipment, and machinery for authorized needs and purposes relating to the aforementioned capital improvements; and (3) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects. This notice has been duly published in a newspaper hereby found and determined to be of general circulation in the City, once a week for two (2) consecutive weeks, the date of the first publication of such notice being not less than thirty (30) days prior to the tentative date stated therein for the final passage of the ordinance authorizing the issuance of such certificates of obligation; and 35404511.6 WHEREAS, the City Council hereby finds and determines that the actions authorized hereby and the adoption of this Ordinance are in the best interest of the citizens of the City; and WHEREAS, no petition protesting the issuance of the certificates of obligation described in this notice, signed by at least 5% of the qualified electors of the City, has been presented to or filed with the City Secretary prior to the date tentatively set in such notice for the passage of this ordinance; and WHEREAS, the City Council hereby finds and determines that certificates of obligation in the principal amount of $ described in such notice should be issued and sold at this time; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. A. Authorization - Designation - Principal Amount - Purpose. The certificates of obligation of the City shall be and are hereby authorized to be issued in the aggregate principal amount of TWO MILLION AND NO/100 DOLLARS ($2,000,000), to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2015" (the Certificates), for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes to the extent of availability of funds, to -wit: (1) constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the City's parks and recreation facilities (including roof repairs and HVAC replacement at Lindale Senior Center, Northwest Senior Center, and Greenwood Senior Center), and repairs, renovations, and improvements to City Hall skylight; (2) the costs of related landscaping and the purchase of materials, supplies, equipment, and machinery for authorized needs and purposes relating to the aforementioned capital improvements; and (3) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects, pursuant to the authority conferred by and in conformity with the laws of the State of Texas, particularly the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064, Section 363.135, as amended, Texas Health and Safety Code, Chapter 1371, as amended, Texas Government Code (Chapter 1371), and the City's Home Rule Charter. B. Delegation of Authority to Authorized Representatives. As authorized by Chapter 1371, the City Manager of the City, the Deputy City Manager, the Assistant City Manager for General Government and Operations Support, and the City's Director of Financial Services (each of the foregoing, individually, an Authorized Representative) are hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering the Certificates authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Certificates, the redemption provisions therefor, and the rate of interest to be borne on the principal amount of each such maturity. Each Authorized Representative, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule I. The Certificates shall be issued in the principal amount not to exceed $2,000,000; the maximum maturity of the Certificates will be March 1, 2045 and the true interest cost (as 35404511.6 -2- determined by federal arbitrage yield) shall not exceed a rate greater than 5.00%. Lastly, each Authorized Representative is authorized to select the bond insurer, if any, with respect to the Certificates. The execution of the Approval Certificate shall evidence the sale date of the Certificates by the City to the Purchasers (hereinafter defined) in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, the Certificates shall not be delivered unless prior to their initial delivery, the Certificates have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Certificate Date. The Certificates are issuable in fully registered form only; shall be dated , 2015 (the Certificate Date) and shall be issued in denominations of $5,000 or any integral multiple (within a Stated Maturity) thereof, and the Certificates shall become due and payable on March 1 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Certificate Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rates, while Outstanding, in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (%) The Certificates shall bear interest on the unpaid principal amounts from the Certificate Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity or prior redemption while Outstanding, at the rates per annum 35404511.6 -3- shown in the above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Certificates shall be payable semiannually on March 1 and September 1 (each, an Interest Payment Date), commencing 1, 2016, while the Certificates are Outstanding. SECTION 3. Payment of Certificates - Paying Agent/Registrar. The principal of, premium, if any, and interest on the Certificates, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Certificates shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Certificates. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, to serve as the initial Paying Agent/Registrar (the Paying Agent/Registrar) for the Certificates is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment and transfer of the Certificates, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Certificates are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Certificates by United States mail, first-class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Certificates, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Certificates appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest thereon, (ii) on the date of surrender of the Certificates for purposes of receiving payment of principal thereof upon redemption of the Certificates or at the Certificates' Stated Maturity, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Certificate for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Certificates shall be payable only upon presentation and surrender of the Certificates to the Paying Agent/Registrar at its corporate trust 35404511.6 -4- office. Interest on the Certificates shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Certificates (the Record Date) and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States Mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Certificates shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Certificates was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4. Redemption. A. Mandatory Redemption. The Certificates stated to mature on March 1, 20 are referred to herein as the "Term Certificates". The Term Certificates are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Certificate Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Certificates Stated to Mature on March 1, 20 Principal Year Amount ($) 35404511.6 -5- *Payable at Stated Maturity. The principal amount of a Term Certificate required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Certificates of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. Optional Redemption. The Certificates having Stated Maturities on and after March 1, 20 shall be subject to redemption prior to Stated Maturity, at the option of the City, on March 1, 20, or on any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. C. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Certificates (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Certificates, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Certificates shall be entered in the minutes of the City Council. D. Selection of Certificates for Redemption. If less than all Outstanding Certificates of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Certificates to be redeemed, provided that if less than the entire principal amount of a Certificate is to be redeemed, the Paying Agent/Registrar shall treat such Certificate then subject to redemption as representing the number of Certificates Outstanding which is obtained by dividing the principal amount of such Certificate by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Certificates, a notice of redemption shall be sent by United States mail, first-class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Certificate to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificates, or the 35404511.6 -6- principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). If a Certificate is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Certificate (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Certificates (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on the Certificates (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue and such Certificates shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. F. Transfer/Exchange of Certificates. Neither the City nor the Paying Agent/Registrar shall be required (1) to transfer or exchange any Certificate during a period beginning forty-five (45) days prior to the date fixed for redemption of the Certificates or (2) to transfer or exchange any Certificate selected for redemption, provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Certificate which is subject to redemption in part. SECTION 5. Execution - Registration. The Certificates shall be executed on behalf of the City by its Mayor or Mayor Pro Tem under its seal reproduced or impressed thereon and attested by its City Secretary or Assistant City Secretary. The signature of either of said officers on the Certificates may be manual or facsimile. Certificates bearing the manual or facsimile signatures of individuals who were, at the time of the Certificate Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Certificates to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Certificate shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Certificate either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Certificate shall be conclusive evidence, and the only evidence, that such Certificate has been duly certified or registered and delivered. SECTION 6. Registration - Transfer - Exchange of Certificates - Predecessor Certificates. A Security Register relating to the registration, payment, transfer, or exchange of the Certificates shall at all times be kept and maintained by the City at the corporate trust office of the Paying Agent/Registrar, and the Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Certificates, or if 35404511.6 -7- appropriate, the nominee thereof. Any Certificate may, in accordance with its terms and the terms hereof, be transferred or exchanged for Certificates of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Certificate to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Certificate at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Certificates executed on behalf of, and furnished by, the City of authorized denominations and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Certificate or Certificates surrendered for transfer. At the option of the Holder, Certificates may be exchanged for other Certificates of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Certificates surrendered for exchange upon surrender of the Certificates to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver new, the Certificates executed on behalf of, and furnished by, the City to the Holder requesting the exchange. All Certificates issued upon any transfer or exchange of Certificates shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by United States registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Certificates surrendered upon such transfer or exchange. All transfers or exchanges of Certificates pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Certificates canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Certificates, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Certificate or Certificates registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Certificates shall include any Certificate registered and delivered pursuant to Section 25 in lieu of a mutilated, lost, destroyed, or stolen Certificate which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Certificate. SECTION 7. Initial Certificate. The Certificates herein authorized shall be issued initially either (i) as a single fully registered Certificate in the total principal amount of $ with principal installments to become due and payable as provided in Section 2 and numbered T-1, or (ii) as one (1) fully registered Certificate for each year of Stated Maturity in 35404511.6 -8- the applicable principal amount, interest rate, and denomination and to be numbered consecutively from T-1 and upward (the Initial Certificate) and, in either case, the Initial Certificate shall be registered in the name of the Purchasers or the designee thereof. The Initial Certificate shall be the Certificates submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Certificate to the Purchasers, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers or their designee, shall cancel the Initial Certificate delivered hereunder and exchange therefor definitive Certificates of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates on the unpaid principal amounts from the Certificate Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity, and shall be lettered "R" and numbered consecutively from one (1) upward for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8. Forms. A. Forms Generally. The Certificates, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Certificates shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Certificates, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of Bond Counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Certificates as evidenced by their execution thereof. Any portion of the text of any Certificate may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Certificate. The definitive Certificates shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Certificates as evidenced by their execution thereof, but the Initial Certificate submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. 35404511.6 [The remainder of this page intentionally left blank] -9- B. Form of Definitive Certificate. REGISTERED REGISTERED PRINCIPAL AMOUNT NO. $ United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATE OF OBLIGATION, SERIES 2015 Certificate Date: , 2015 REGISTERED OWNER: PRINCIPAL AMOUNT: Interest Rate: Stated Maturity: CUSIP No. The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Certificate Date, or from the most recent Interest Payment Date (defined below) to which interest has been paid or duly provided for until such principal sum has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing 1, 2016 (each, an Interest Payment Date). Principal and premium, if any, of this Certificate shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Certificate (or one or more Predecessor Certificates, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each Interest Payment Date. All payments of principal of and interest on this Certificate shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 35404511.6 -10- This Certificate is one of the series specified in its title issued in the aggregate principal amount of $ (the Certificates) pursuant to an Ordinance adopted by the governing body of the City (the Ordinance), for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes to the extent of availability of funds, to -wit: (1) constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the City's parks and recreation facilities (including roof repairs and HVAC replacement at Lindale Senior Center, Northwest Senior Center, and Greenwood Senior Center), and repairs, renovations, and improvements to City Hall skylight; (2) the costs of related landscaping and the purchase of materials, supplies, equipment, and machinery for authorized needs and purposes relating to the aforementioned capital improvements; and (3) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects, pursuant to the authority conferred by and in strict conformity with the laws of the State of Texas, particularly the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through 271.065, Section 363.135, as amended, Texas Health and Safety Code, Chapter 1371, as amended, Texas Government Code, and the City's Home Rule Charter. As provided in the Ordinance, the Certificates stated to mature on March 1, 20 are referred to herein as the "Term Certificates". The Term Certificates are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Certificate Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Certificates Stated to Mature on March 1, 20 Principal Year Amount ($) *Payable at Stated Maturity. The principal amount of a Term Certificate required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Certificates of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. 35404511.6 -11- The Certificates stated to mature on and after March 1, 20 may be redeemed prior to their Stated Maturities, at the option of the City, on March 1, 20, or on any date thereafter, in whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par plus accrued interest to the date of redemption; provided, however, that at least thirty (30) days prior written notice shall be sent to the Holder of the Certificates to be redeemed by United States mail, first-class postage prepaid, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Certificate is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Certificate to the Paying Agent/Registrar at its corporate trust office, a new Certificate or Certificates of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Certificate (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Certificate (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Certificate is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Certificate within forty-five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Certificates of this series are payable from the proceeds of an ad valorem tax levied upon all taxable property within the City, within the limitations prescribed by law, and are further payable from and secured by a lien on and pledge of the Pledged Revenues (identified and defined in the Ordinance), being a limited amount of the Net Revenues derived from the operation of the City's solid waste management system (the System), such lien on and pledge of the limited amount of Net Revenues being subordinate and inferior to the lien on and pledge of such Net Revenues securing payment of the currently outstanding Subordinate Lien Obligations and Limited Pledge Obligations and any Prior Lien Obligations, Junior Lien Obligations, Additional Subordinate Lien Obligations, or Additional Limited Pledge Obligations hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Prior Lien Obligations, Junior Lien Obligations, Additional Subordinate Lien Obligations, and Additional Limited Pledge Obligations (all as identified and defined in the Ordinance), while the Certificates are Outstanding, without limitation as to principal amount but subject to any terms, conditions or restrictions as may be applicable thereto under law or otherwise. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and 35404511.6 -12- extent of the tax levied and the revenues pledged for the payment of the Certificates; the terms and conditions under which the City may issue Prior Lien Obligations, Junior Lien Obligations, Additional Subordinate Lien Obligations, and Additional Limited Pledge Obligations; the terms and conditions relating to the transfer or exchange of the Certificates; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holder; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Certificate may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Certificate, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Certificates of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Certificate as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Certificate in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that issuance of the Certificates does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Certificates by the levy of a tax and collection of Pledged Revenues as aforestated. In case any provision in this Certificate or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Certificate and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. 35404511.6 -13- 35404511.6 [The remainder of this page intentionally left blank.] -14- IN WITNESS WHEREOF, the City has caused this Certificate to be duly executed under its official seal. ATTEST: City Secretary (CITY SEAL) 35404511.6 CITY OF CORPUS CHRISTI, TEXAS By Mayor [The remainder of this page intentionally left blank.] -15- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Certificate Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this (SEAL) Comptroller of Public Accounts of the State of Texas *NOTE TO PRINTER: Not to appear on printed Certificates. D. Form of Registration Certificate of Paying Agent/Registrar to Appear on Definitive Certificates Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Certificate has been duly issued under the provisions of the within -mentioned Ordinance; the Certificate or Certificates of the above -entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, as Paying Agent/Registrar By: Authorized Signature *NOTE TO PRINTER: Print on Definitive Certificates. 35404511.6 -16- E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular. Signature guaranteed: 35404511.6 [The remainder of this page intentionally left blank] -17- F. The Initial Certificate shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Certificate shall be modified as follows: (i) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below"; (ii) first two paragraphs shall read as follows: REGISTERED PRINCIPAL REGISTERED AMOUNT NO. T-1 $ United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATE OF OBLIGATION, SERIES 2015 Certificate Date: Interest Rate: Stated Maturity: , 2015 As Shown Below As Shown Below REGISTERED OWNER: PRINCIPAL AMOUNT: CUSIP No. The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above stated to mature on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (%) (Information to be inserted from schedule in Section 2 hereof') (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amounts hereof from the Certificate Date specified above, or from the most recent Interest Payment Date (defined below) to which interest has been paid or duly provided for, until the principal amounts have become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rates of interest specified above, computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing 1, 2016 (each, an Interest Payment Date). 35404511.6 -18- Principal of this Certificate shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, to Stated Maturity or prior redemption, while Outstanding, at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Paying Agent/Registrar). Interest shall be payable to the Holder of this Certificate whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each Interest Payment Date. All payments of principal of and interest on this Certificate shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. G. Insurance Legend. If bond insurance is obtained by the City or the Purchasers for the Certificates, the Definitive Certificates and the Initial Certificate shall bear an appropriate legend as provided by the insurer. SECTION 9. Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 27 and 44 of this Ordinance have the meanings assigned to them in Sections 27 and 44 of this Ordinance, and all such terms, include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Additional Limited Pledge Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation or other evidences of indebtedness hereafter issued by the City payable in part from a pledge of and lien on Pledged Revenues of the System which pledge of revenues is limited as further provided in Section 20 of this Ordinance, and (ii) any obligations hereafter issued to refund the foregoing as determined by the City Council in accordance with any applicable law. B. The term Additional Subordinate Lien Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation or other evidences of indebtedness hereafter issued by the City payable wholly or in part from and equally and ratably secured by a lien on and pledge of the Net Revenues of the System, such pledge being subordinate and inferior to the lien on and pledge of the Net Revenues of the System that may be pledged to the payment of any Prior Lien Obligations or Junior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the limited amount of the Net Revenues securing, in part, the payment of the currently outstanding Limited Pledge Obligations (including the Certificates), or any Additional Limited Pledge Obligations hereafter issued by the City, all as further provided in Section 20 of this Ordinance, and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a subordinate and inferior lien on and 35404511.6 -19- pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. C. The term Authorized Representatives shall mean the City Manager of the City, the Deputy City Manager, the Assistant City Manager for General Government and Operations Support, and the City's Director of Financial Services. D. The term Certificates shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2015" authorized by this Ordinance. E. The term Certificate Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. F. The term City shall mean the City of Corpus Christi, located in Nueces, Aransas, Kleberg, and San Patricio Counties, Texas and, where appropriate, the City Council of the City. G. The term Closing Date shall mean the date of physical delivery of the Initial Certificate in exchange for the payment of the agreed purchase price for the Certificates. H. The term Collection Date shall mean, when reference is being made to the levy and collection of annual ad valorem taxes, the date the annual ad valorem taxes levied each year by the City become delinquent. I. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. J. The term Depository shall mean an official depository bank of the City. K. The term Fiscal Year shall mean the annual financial accounting period for the System now ending on September 30th of each year; provided, however, the City Council may change such annual financial accounting period to end on another date if such change is found and determined to be necessary for accounting purposes or is required by applicable law. L. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent; (iii) 35404511.6 -20- noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent; or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Certificates. M. The term Gross Revenues for any period shall mean all income and revenues received by the City by virtue of its ownership and operation of the System, including, but not limited to, its rentals, fees, and other revenues resulting from the ownership of the System, including rentals received from leasing all or part of the System. However, it is expressly recognized that any such lease must comply with the requirements of the Code and existing regulations, published rulings, and court decisions. N. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Certificate. O. The term Interest Payment Date shall mean the date semiannual interest is payable on the Certificates, being March 1 and September 1 of each year, commencing 1, 2016, while any of the Certificates remain Outstanding. P. The term Junior Lien Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation, or any similar obligations hereafter issued by the City that are payable, in whole or in part, from and equally and ratably secured by a lien on and pledge of the Net Revenues of the System, such pledge being junior and inferior to the lien on and pledge of the Net Revenues of the System that may be pledged to the payment of any Prior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues securing the payment of the currently outstanding Subordinate Lien Obligations, Limited Pledge Obligations (including the Certificates), or any Additional Subordinate Lien Obligations or Additional Limited Pledge Obligations hereafter issued by the City, all as further provided in Section 20 of this Ordinance and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a junior and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. Q. The term Limited Pledge Obligations shall mean the outstanding and unpaid obligations of the City that are payable, in part, from and secured by a pledge of and lien on the Pledged Revenues of the System and designated as follows (1) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2009", dated July 15, 2009, in the original principal amount of $8,460,000; (2) "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation , Series 2015" dated , 2015, in the original amount of $ ; and 35404511.6 (3) Upon issuance, the Certificates. -21- and (ii) obligations hereafter issued to refund any of the foregoing as determined by the City Council in accordance with any applicable law. R. The term Maintenance and Operating Expenses shall mean the expenses of operation and maintenance, including all salaries, labor, materials, repairs and extensions necessary to maintain and operate the System; provided, however, that only such repairs and extensions as in the judgment of the City Council, reasonably and fairly exercised, are necessary to keep the System in operation and render adequate service to the City and the inhabitants thereof, or such as might be necessary to meet some physical action or condition which would otherwise impair the security of any bonds or other obligations payable from and secured, in whole or in part, by a lien on the Net Revenues derived from the ownership and operation of the System shall be deducted in determining Net Revenues. S. The term Net Revenues for any period shall mean the Gross Revenues of the System less the Maintenance and Operating Expenses of the System. T. The term Ordinance shall mean this ordinance as finally passed and adopted by the City Council of the City. U. The term Outstanding when used in this Ordinance with respect to Certificates shall mean, as of the date of determination, all Certificates issued and delivered under this Ordinance, except: (1) those Certificates canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Certificates for which payment has been duly provided by the City in accordance with the provisions of Section 29 of this Ordinance; and (3) those Certificates that have been mutilated, destroyed, lost, or stolen and replacement Certificates have been registered and delivered in lieu thereof as provided in Section 25 of this Ordinance. V. The term Pledged Revenues shall mean, while the Certificates remain Outstanding, an amount of Net Revenues not in excess of $1,000. The Pledged Revenues shall be deposited, allocated, and expended in accordance with Section 10 of this Ordinance. W. The term Pledged Revenue Amount shall mean the total amount, not to exceed $1,000 while the Certificates are Outstanding, of Net Revenues that may be transferred in whole or in part by the City in any given Fiscal Year (however, any amounts transferred prior to the final maturity date of the Certificates may not exceed the total amount of $1,000) to the Certificate Fund. X. The term Prior Lien Obligations shall mean (i) any bonds, notes, warrants, certificates of obligation or any similar obligations hereafter issued by the City that are payable wholly or in part from and equally and ratably secured by a prior and first lien on and pledge of the Net Revenues of the System, all as further provided in Section 20 of this Ordinance, and (ii) any obligations hereafter issued to refund the foregoing if issued in a manner so as to be 35404511.6 -22- payable from and equally and ratably secured by a prior and first lien on and pledge of the Net Revenues of the System as determined by the City Council in accordance with any applicable law. Y. The term Purchasers shall mean the initial purchaser or purchasers of the Certificates named in Section 26 of this Ordinance. Z. The term Stated Maturity shall mean the annual principal payments of the Certificates payable on March 1 of each year the Certificates are Outstanding as set forth in Section 2 of this Ordinance. AA. The term Subordinate Lien Obligations shall mean (i) the outstanding and unpaid obligations of the City that are payable, in whole or in part, from and equally secured by a subordinate and inferior lien on and pledge of the Net Revenues of the System and designated as follows: (1) "City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2006", dated May 1, 2006, in the original principal amount of $18,605,000; and (2) "City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008", dated December 15, 2008, in the original principal amount of $12,000,000; and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by a subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. BB. The term System shall mean a plant, composting process plant, incinerator, sanitary landfill, transfer station, or other works and equipment that is acquired, installed, or operated to collect, handle, store, process, recover material or energy from, or dispose of solid waste, and includes sites for those works and equipment. SECTION 10. Certificate Fund - Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Certificates, there shall be and is hereby created a special fund to be designated "COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2015 INTEREST AND SINKING FUND" (the Certificate Fund), which fund shall be kept and maintained at the Depository, and money deposited in such fund shall be used for no other purpose. Authorized Representatives of the City are hereby authorized and directed to make withdrawals from the Certificate Fund sufficient to pay the purchase price or the amount of principal of, premium, if any, and interest on the Certificates as the same become due and payable, or the purchase price thereof, and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Certificate Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Certificates, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Certificates. 35404511.6 -23- The City, at its sole discretion, may deposit the Pledged Revenue Amount to the Certificate Fund. The Pledged Revenue Amount, if deposited, shall be expended annually to pay principal of and interest on the Certificates as the same become due and payable. This Pledged Revenue Amount shall be accounted for and transferred to the Paying Agent/Registrar in accordance with the provisions of the previous paragraph of this Section. Pending the transfer of funds to the Paying Agent/Registrar, money deposited in any fund created and established by this Ordinance may, at the option of the City, be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities, including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such fund will be available at the proper time or times. All interest and income derived from deposits and investments in any fund established pursuant to the provisions of this Ordinance shall be credited to, and any losses debited to, such fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Certificates. SECTION 11. Tax Levy. To provide for the payment of the Debt Service Requirements on the Certificates being (i) the interest on the Certificates and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Certificates or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Certificate Fund and are thereafter pledged to the payment of the Certificates. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and obligations of the City. The amount of taxes to be provided annually for the payment of the principal of and interest on the Certificates shall be determined and accomplished in the following manner: 35404511.6 -24- A. Prior to the date the City Council establishes the annual tax rate and passes an ordinance levying ad valorem taxes each year, the City Council shall determine: (1) the amount of Debt Service Requirements to become due and payable on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding calendar year; (2) the amount on deposit in the Certificate Fund after (a) deducting therefrom the total amount of Debt Service Requirements to become due on Certificates prior to the Collection Date for the ad valorem taxes to be levied and (b) adding thereto the amount of the Pledged Revenues, if any, or any other lawfully available funds to be appropriated and allocated during such year to pay such Debt Service Requirements, if any, prior to the Collection Date for the ad valorem taxes to be levied; and (3) the amount of Pledged Revenues, if any, or any other lawfully available funds appropriated and set aside for the payment of the Debt Service Requirements on the Certificates between the Collection Date for the taxes then to be levied and the Collection Date for the taxes to be levied during the next succeeding Fiscal Year. B. The amount of taxes to be levied annually each year to pay the Debt Service Requirements on the Certificates shall be the amount established in paragraph (1) above less the sum total of the amounts established in paragraphs (2) and (3), after taking into consideration delinquencies and costs of collecting such annual taxes. SECTION 12. Pledge of Pledged Revenues. The City hereby covenants and agrees that, subject to (i) any prior lien on and pledge of the Net Revenues of the System to the payment and security of the currently outstanding Subordinate Lien Obligations and any Prior Lien Obligations, Junior Lien Obligations, or Additional Subordinate Lien Obligations hereafter issued by the City and (ii) the lien on and pledge of the Pledged Revenues (or such other limited amount of excess Net Revenues of the System) to the payment and security of the currently outstanding Limited Pledge Obligations, the Pledged Revenues are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates and the pledge of Pledged Revenues herein made for the payment of the Certificates shall constitute a lien on the Pledged Revenues in accordance with the terms and provisions hereof and be valid and binding without any physical delivery thereof or further act by the City. SECTION 13. Revenue Fund. The City hereby covenants and agrees that all Gross Revenues derived from the operation of the System shall be kept separate and apart from all other funds, accounts and money of the City and shall be deposited as collected into the "CITY OF CORPUS CHRISTI, TEXAS SOLID WASTE MANAGEMENT SYSTEM REVENUE FUND" (the Revenue Fund). All money deposited in the Revenue Fund shall be pledged and appropriated to the extent required for the following purposes and in the order of priority shown: • First: to the payment of the reasonable and proper Maintenance and Operating Expenses of the System required by statute or ordinances authorizing the issuance of any indebtedness of the City to be a first charge on and claim against the Gross Revenues of the System; 35404511.6 -25- • Second: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of any Prior Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance; • Third: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of any Junior Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance; • Fourth: To the payment of the amounts that must be deposited in the special funds and accounts created and established for the payment, security, and benefit of the currently outstanding Subordinate Lien Obligations or Additional Subordinate Lien Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance; and • Fifth: To the payment of the amounts that may be deposited in the special funds and accounts established for the payment of the currently outstanding Limited Pledge Obligations, including the Certificates, and any Additional Limited Pledge Obligations hereafter issued by the City in accordance with the terms and provisions of any ordinances authorizing their issuance. Any Net Revenues remaining in the System Fund after satisfying the foregoing payments, or making adequate and sufficient provision for the payment, security and benefit thereof, may be appropriated and used for any other City purpose now or hereafter permitted by law. SECTION 14. Deposits to Certificate Fund — Surplus Certificate Proceeds. The City hereby covenants and agrees to cause to be deposited in the Certificate Fund prior to a principal and Interest Payment Date for the Certificates, from the Pledged Revenues in the System Fund, after the deduction of all payments required to be made to the special funds or accounts created for the payment, security, and benefit of the (i) currently outstanding Subordinate Lien Obligations and any Prior Lien Obligations, Junior Lien Obligations, or Additional Subordinate Lien Obligations hereafter issued by the City and (ii) the currently outstanding Limited Pledge Obligations and any Additional Limited Pledge Obligations hereafter issued by the City, any amounts budgeted to be paid therefrom in such Fiscal Year. Accrued interest, if any, received from the Purchasers of the Certificates shall be deposited to the Certificate Fund and ad valorem taxes levied and collected for the benefit of the Certificates shall be deposited to the Certificate Fund. In addition, any surplus proceeds, including investment income therefrom, from the sale of the Certificates not expended for authorized purposes shall be deposited in the Certificate Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said fund from ad valorem taxes. SECTION 15. Security of Funds. All money on deposit in the funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws 35404511.6 -26- of the State of Texas for the security of public funds, and money on deposit in such funds shall be used only for the purposes permitted by this Ordinance. SECTION 16. Maintenance of System - Insurance. The City covenants and agrees that while the Certificates remain Outstanding it will maintain and operate the System with all possible efficiency and maintain casualty and other insurance (including a system of self-insurance) on the properties of the System and its operations of a kind and in such amounts customarily carried by municipal corporations in the State of Texas engaged in a similar type of business and that it will faithfully and punctually perform all duties with reference to the System required by the laws of the State of Texas. All money received from losses under such insurance policies, other than public liability policies, are held for the benefit of the holders of the Certificates until and unless the proceeds are paid out in making good the loss or damage in respect of which such proceeds are received, either by replacing the property destroyed or repairing the property damaged, and adequate provision for making good such loss or damage must be made within ninety (90) days after the date of loss. The payment of premiums for all insurance policies required under the provisions hereof shall be considered Maintenance and Operating Expenses. Nothing in this Ordinance shall be construed as requiring the City to expend any funds which are derived from sources other than the operation of the System but nothing herein shall be construed as preventing the City from doing so. SECTION 17. Rates and Charges. The City hereby covenants and agrees with the Holders of the Certificates that rates and charges for solid waste collection services afforded by the System will be established and maintained to provide Gross Revenues sufficient at all times: A. to pay, together with any other lawfully available funds, all operating, maintenance, depreciation, replacement, betterment, and other costs incurred in the maintenance and operation of the System, including, but not limited to, Maintenance and Operating Expenses; B. to produce Net Revenues sufficient, together with any other lawfully available funds, to pay (i) the interest on and principal of any Prior Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof; (ii) the interest on and principal of any Junior Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof; (iii) the interest on and principal of the currently outstanding Subordinate Lien Obligations and any Additional Subordinate Lien Obligations hereafter issued by the City as the same becomes due and payable and the amounts required to be deposited in any special fund created and established for the payment, security, and benefit thereof; and (iv) the amounts that may be deposited in the special funds established for the payment of the Limited Pledge Obligations or any Additional Limited Pledge Obligations hereafter issued by the City; and C. to pay other legally incurred indebtedness payable from the Net Revenues of the System and/or secured by a lien on the System or the Net Revenues thereof. SECTION 18. Records and Accounts - Annual Audit. The City further covenants and agrees that so long as any of the Certificates remain Outstanding it will keep and maintain 35404511.6 -27- separate and complete records and accounts pertaining to the operations of the System in which complete and correct entries shall be made of all transactions relating thereto, as provided by Chapter 363, as amended, Texas Health and Safety Code, or other applicable law. The Holders of the Certificates or any duly authorized agent or agents of the Holders shall have the right to inspect the System and all properties comprising the same. The City further agrees that, following the close of each Fiscal Year, it will cause an audit of such books and accounts to be made by an independent firm of certified public accountants. Expenses incurred in making the annual audit of the operations of the System are to be regarded as Maintenance and Operating Expenses. SECTION 19. Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Certificate Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Certificates shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 20. Issuance of Prior Lien Obligations - Junior Lien Obligations — Additional Subordinate Lien Obligations — Additional Limited Pledge Obligations. The City hereby expressly reserves the right to hereafter issue bonds, notes, warrants, certificates of obligation, or similar obligations, payable, wholly or in part, as appropriate, from and secured by a pledge of and lien on the Net Revenues of the System with the following priorities, without limitation as to principal amount, but subject to any terms, conditions, or restrictions applicable thereto under existing ordinances, laws, or otherwise: A. Prior Lien Obligations payable from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues of the System; B. Junior Lien Obligations payable from and equally and ratably secured by a lien on and pledge of the Net Revenues that is junior and inferior to the lien on and pledge thereof securing the payment of any Prior Lien Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues securing the payment of the currently outstanding Subordinate Lien Obligations and the Certificates and any Additional Subordinate Lien Obligations or Additional Limited Pledge Obligations hereafter issued by the City; and C. Additional Subordinate Lien Obligations payable from and equally and ratably secured by a lien on and pledge of the Net Revenues that is subordinate and inferior to the lien on and pledge thereof securing the payment of any Prior Lien Obligations or Junior Lien 35404511.6 -28- Obligations hereafter issued by the City, but prior and superior to the lien on and pledge of the Net Revenues securing, in part, the payment of the currently outstanding Limited Pledge Obligations, the Certificates, and any Additional Limited Pledge Obligations hereafter issued by the City; and D. Additional Limited Pledge Obligations secured by a lien on and pledge of a limited amount of the Net Revenues in accordance with the provisions of the following paragraph. Prior Lien Obligations, Junior Lien Obligations, and Additional Subordinate Lien Obligations, if issued, may be payable, in whole or in part, from Net Revenues (without impairment of the obligation of contract with the holders of the currently outstanding Limited Pledge Obligations and the Certificates) upon such terms and conditions as the City Council may determine. Additional Limited Pledge Obligations, if issued and payable, in whole or in part, from Pledged Revenues (defined in the same or similar terms as provided in Section 9 of this Ordinance or in the ordinances authorizing the issuance of the currently outstanding Limited Pledge Obligations), shall not in any event be construed to be payable from the Pledged Revenues authorized by this Ordinance or in the ordinances authorizing the issuance of the currently outstanding Limited Pledge Obligations to be budgeted and appropriated for the payment of the Certificates or in the ordinances authorizing the issuance of the currently outstanding Limited Pledge Obligations. However, the lien on and pledge of the limited amount of Net Revenues securing, in part, the payment of the Certificates, the Limited Pledge Obligations and any Additional Limited Pledge Obligations shall be subordinate and inferior to the pledge of and lien on the Net Revenues securing the payment of the currently outstanding Subordinate Lien Obligations and any Prior Lien Obligations, Junior Lien Obligations, or Additional Subordinate Lien Obligations hereafter issued by the City. SECTION 21. Special Covenants. The City hereby further covenants that: A. it has the lawful power to pledge the Pledged Revenues supporting the Certificates and has lawfully exercised said powers under the laws of the State of Texas, including power existing under Chapter 363, as amended, Texas Health and Safety Code, and the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, and the City's Home Rule Charter; and B. other than for the payment of the currently outstanding Subordinate Lien Obligations and the Limited Pledge Obligations, the Net Revenues of the System have not in any manner been pledged to the payment of any debt or obligation of the City or of the System; SECTION 22. Application of the Covenants and Agreements of the Subordinate Lien Obligations, Prior Lien Obligations, or Junior Lien Obligations. It is the intention of the City Council and accordingly hereby recognized and stipulated that the provisions, agreements, and covenants contained herein bearing upon the management and operations of the System, and the administration and application of Gross Revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements, and covenants contained in the ordinances authorizing the issuance of the currently outstanding Subordinate Lien Obligations and any Prior Lien Obligations, Junior Lien Obligations, or Additional Subordinate Lien 35404511.6 -29- Obligations hereafter issued by the City, and to the extent of any irreconcilable conflict between the provisions contained herein and in the ordinances authorizing the issuance of the currently outstanding Subordinate Lien Obligations and any Prior Lien Obligations, Junior Lien Obligations, or Additional Subordinate Lien Obligations hereafter issued, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance, especially the priority of rights and benefits conferred thereby to the holders of the currently outstanding Subordinate Lien Obligations and any Prior Lien Obligations, Junior Lien Obligations, or Additional Subordinate Lien Obligations hereafter issued. It is expressly recognized that prior to the issuance of any Prior Lien Obligations, Junior Lien Obligations, or Additional Subordinate Lien Obligations, the City must comply with each of the conditions precedent contained in the ordinances authorizing the issuance of the currently outstanding Subordinate Lien Obligations, Limited Pledge Obligations, and the Certificates, as appropriate. SECTION 23. Notices to Holders - Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 24. Cancellation. All Certificates surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Certificates previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Certificates held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 25. Mutilated, Destroyed, Lost, and Stolen Certificates. If (1) any mutilated Certificate is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Certificate, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Certificate has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Certificate, 35404511.6 -30- a new Certificate of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed, lost, or stolen Certificate has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Certificate, pay such Certificate. Upon the issuance of any new Certificate or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Certificate issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Certificate shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Certificate shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Certificates. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Certificates. SECTION 26. Sale of the Certificates — Official Statement Approval — Approval of Purchase Contract - Use of Certificate Proceeds. The Certificates authorized by this Ordinance are hereby sold by the City to , , as the authorized representative of a group of underwriters (the Purchasers, having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract, dated , 2015 (the Purchase Contract), attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Certificate shall be registered in the name of the . The pricing and terms of the sale of the Certificates are hereby found and determined to be the most advantageous reasonably obtainable by the City. Any Authorized Representative is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Certificates to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Certificates. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by an Authorized Representative), shall be and is hereby in all respects approved and the 35404511.6 -31- Purchasers are hereby authorized to use and distribute the final Official Statement, dated , 2015, in the reoffering, sale and delivery of the Certificates to the public. The Mayor and/or City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Certificates. Proceeds from the sale of the Certificates shall be applied as follows: (1) Accrued interest (in the amount of $ ) received from the Purchasers shall be deposited into the Certificate Fund. The City received a net premium from the sale of the Certificates of $ which is hereby allocated by the City in the following manner (1) $ to pay the Purchasers' compensation, (2) $ to pay the costs of issuance, and (3) $ shall be deposited in the Certificate Fund. (2) The balance of the proceeds derived from the sale of the Certificates, after making the deposits to the Certificate Fund as described in (1) above, shall be used to pay costs of issuance or deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Certificates. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Certificates pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 14 of this Ordinance. SECTION 27. Covenants to Maintain Tax -Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Closing Date means the date on which the Certificates are first authenticated and delivered to the initial purchasers against payment therefor. Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148-1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Certificates. 35404511.6 -32- Investment has the meaning set forth in Section 1.148-1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Certificates are invested and which is not acquired to carry out the governmental purposes of the Certificates. Rebate Amount has the meaning set forth in Section 1.148-1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Certificates. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2) the Certificates has the meaning set forth in Section 1.148-4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Certificate to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Certificate, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Certificates to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Certificates: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Certificates, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof') other than a state or local government, unless such use is solely as a member of the general public; and 35404511.6 -33- (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Certificates or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except as would not cause the Certificates to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Certificates to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if- (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except as would not cause the Certificates to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Certificates directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Certificates. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Certificates to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof') and shall retain all records of accounting for at least six years after the day on which the last Outstanding Certificate is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Certificates with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. 35404511.6 -34- (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Certificates until six years after the final Computation Date. (3) As additional consideration for the purchase of the Certificates by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Certificate Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Certificates equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. L Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Certificates, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Certificates not been relevant to either party. J. Certificates Not Hedge Bonds. (1) The City reasonably expects to spend at least 85% of the spendable proceeds of the Certificates within three years after such Certificates are issued. (2) Not more than 50% of the proceeds of the Certificates will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. 35404511.6 -35- K. Elections. The City hereby directs and authorizes any Authorized Representative, either individually or any combination of them, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. Such elections shall be deemed to be made on the Closing Date. SECTION 28. Control and Custody of Certificates. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Certificates pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Certificates to the Purchasers. Furthermore, each Authorized Representative is hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Certificates, the approval of the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas and, together with the City's financial advisor, bond counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Certificate to the Purchasers and the initial exchange thereof for definitive Certificates. SECTION 29. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Certificates, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied and the lien on and pledge of the Pledged Revenues under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Certificates, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Certificates or the principal amount(s) thereof at Stated Maturity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, and/or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Certificates, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof for the Certificates. In the event of a gross defeasance of the Certificates, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and/or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Certificates. The City covenants that no deposit of money or 35404511.6 -36- Government Securities will be made under this Section and no use made of any such deposit which would cause the Certificates to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 27 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Certificates, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Certificates and remaining unclaimed for a period of three (3) years after the Stated Maturity of the Certificates, or applicable redemption date, such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Certificates that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Certificates for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Certificates immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Certificates, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Certificates. SECTION 30. Printed Opinion. The Purchasers' obligation to accept delivery of the Certificates is subject to their being furnished a final opinion of Norton Rose Fulbright US LLP, San Antonio, Texas, as Bond Counsel, approving certain legal matters as to the Certificates, the opinion to be dated and delivered as of the date of initial delivery and payment for the Certificates. Printing of a true and correct copy of the opinion on the reverse side of each of the Certificates, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 31. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Certificates shall be of no significance or effect as regards the legality thereof, and neither the City nor Bond Counsel are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Certificates. SECTION 32. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 33. Ordinance a Contract, Amendments - Outstanding Certificates. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Certificates. This Ordinance shall constitute a contract with 35404511.6 -37- the Holders from time to time, binding on the City and its successors and assigns, and it shall not be amended or repealed by the City so long as any Certificate remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Certificates then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided, however, that, without the consent of all Holders of Outstanding Certificates, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of and interest on the Certificates, reduce the principal amount thereof or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Certificates, (2) give any preference to any Certificate over any other Certificate, or (3) reduce the aggregate principal amount of Certificates required for consent to any such amendment, addition, or rescission. SECTION 34. Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, Paying Agent/Registrar, and the Holders. SECTION 35. Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 36. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 37. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 38. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 39. Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council of the City. 35404511.6 -38- SECTION 40. Authorization of Paying Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, registration, and transferability of the Certificates. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 41. Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 42. Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 43. No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Certificate or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Certificate. SECTION 44. Continuing Disclosure Undertaking A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the interne through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2015, financial information and operating data with respect to the System of the general type included in the final Official Statement authorized by 35404511.6 -39- Section 16 of this Ordinance, being the information described in Exhibit C hereto, and (2) if not provided as part of such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit C hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such financial statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited financial statements for the applicable fiscal year to the MSRB, when and if the audit report on such financial statements becomes available. Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the City must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor's opinion on the statement, shall be filed in the office of the City Clerk within one hundred eighty (180) days after the last day of the City's fiscal year. Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. If the City changes its fiscal year, it will file notice thereof with the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Certificates to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; 35404511.6 (7) Modifications to rights of holders of the Certificates if material; (8) Certificate calls, if material, and tender offers; -40- (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Certificates, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Certificates to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update 35404511.6 -41- any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Certificates. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format; Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified 35404511.6 -42- from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word -searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. SECTION 45. Book -Entry Only System. The Certificates shall initially be registered so as to participate in a securities depository system (the DTC System) with The Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Certificates shall be issued (following cancellation of the Initial Certificate described in Section 7) in the form of a separate single definitive Certificate. Upon issuance, the ownership of each such Certificate shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Certificates shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit D (the Representation Letter). With respect to the Certificates registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Certificates from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Certificates (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Certificates, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Certificates, as shown on the Security Register, of any notice with respect to the Certificates, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Certificate, of any amount with respect to principal of, premium, if any, or interest on the Certificates. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter 35404511.6 -43- shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Certificates that they be able to obtain certificated Certificates, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Certificates shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Certificates shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Certificates may be registered in whatever name or names the Holders of Certificates transferring or exchanging the Certificates shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Certificate is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Certificate and all notices with respect to such Certificate shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 46. Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Certificates, the Paying Agent/Registrar Agreement, the Purchase Contract, and the Official Statement. In addition, prior to the initial delivery of the Certificates, the Authorized Representatives and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Certificates by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 47. City's Consent to Provide Information and Documentation to the Texas MAC. The Municipal Advisory Council of Texas (the Texas MAC), a non-profit membership corporation organized exclusively for non-profit purposes described in section 501(c)(6) of the Internal Revenue Code and which serves as a comprehensive financial information repository regarding municipal debt issuers in Texas, requires provision of written documentation regarding the issuance of municipal debt by the issuers thereof. In support of the purpose of the Texas MAC and in compliance with applicable law, the City hereby consents to and authorizes any Authorized Representative, Bond Counsel to the City, and/or Financial Advisor to the City to provide to the Texas MAC information and documentation requested by the Texas MAC relating to the Certificates; provided, however, that no such information and documentation shall be 35404511.6 -44- provided prior to the Closing Date. This consent and authorization relates only to information and documentation that is a part of the public record concerning the issuance of the Certificates. SECTION 48. Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. 35404511.6 [The remainder of this page intentionally left blank.] -45- PASSED AND ADOPTED on the 25th day of August, 2015. ATTEST: City Secretary APPROVED THIS 25th DAY OF August, 2015: Miles Risley, City Attorney (CITY SEAL) 35404511.6 S-1 CITY OF CORPUS CHRISTI, TEXAS Mayor Schedule I - EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D 35404511.6 INDEX OF SCHEDULES AND EXHIBITS - Approval Certificate - Paying Agent/Registrar Agreement - Purchase Contract - Description of Annual Financial Information - DTC Letter of Representations I-1 THE STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of August, 2015, authorizing the issuance of the City's Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2015, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 25th day of August, 2015. City Secretary (CITY SEAL) 35404511.6 The foregoing ordinance was read for the first time and passed to its second reading on this the 18th day of August, 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza, Jr. Lucy 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 25th day of August, 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza, Jr. Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the 25th day of August, 2015. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 35404511.6 35404511.6 SCHEDULE I APPROVAL CERTIFICATE SEE TAB NO. Schedule I 35404511.6 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT SEE TAB NO. A-1 35404511.6 EXHIBIT B PURCHASE CONTRACT SEE TAB NO. B-1 EXHIBIT C DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 44 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: (1) The City's audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, the portions of the unaudited financial statements of the City appended to the Official Statement as Appendix C, but for the most recently concluded fiscal year. (2) All quantitative financial information and operating data with respect to the City of the general type included in Appendix A to the Official Statement under the headings "Debt Payable From Taxes", "General Fund Balances", "Ad Valorem Taxes", and "The Tax Increment Financing Act". Accounting Principles The accounting principles referred to in such Section are generally accepted accounting principles for governmental units as prescribed by the Government Accounting Standards Board from time to time. 35404511.6 C-1 35404511.6 EXHIBIT D DTC LETTER OF REPRESENTATIONS SEE TAB NO. D-1 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of August 18, 2015 Action Item for the City Council Meeting of August 25, 2015 DATE: August 13, 2015 TO: Mayor and City Council FROM: Ron L. Olson, City Manager RonO@cctexas.com (361) 826-3220 Resolution City Council Construction Change Order Policy CAPTION: Resolution establishing City Council policy for construction change orders. PURPOSE: The purpose of this agenda item is for City Council to approve a Resolution adopting a City Council construction change order policy. BACKGROUND AND FINDINGS: A recent City Council Action Request item requested that Council review a Change Order Policy. Under current Texas Local Government Code Section 252.048, the Council is authorized to approve change orders. As well, because the City's population exceeds 300,000, Section 252.048 allows Council to grant authority to an administrative official to approve change orders up to $100,000 for Public Works contracts. Under Part II Council Policies, City Council Policy #18 in the City's Code of Ordinances, the City Council granted to the City Manager or his designee the authority to approve change orders up to the maximum amount permitted under Texas Law. As well, in March 2014, Council approved a Motion authorizing the City Manager or designee to execute non routine change orders of up to an accumulated 5% of the contract value for the two Mary Rhodes Pipeline Phase 2 contracts. CONCLUSION A Resolution adopting a City Council construction change order policy is necessary in order for Council to exercise their oversight responsibilities and, at the same time, allow staff to effectively implement policy. ALTERNATIVES: 1. Approve the Resolution as proposed. 2. Approve the Resolution with modifications. 3. Do not approve the Resolution. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Resolution complies with City Charter's requirements for approval of resolutions. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: ❑ Operating 1 ❑ Revenue ❑Capital Not applicable Fiscal Years 2014 - 2015 Development Construction Option Year One TOTALS Line Item Budget Encumbered/Expended Amount Future Anticipated Expenditures BALANCE 0 Fund(s): N/A Comments: None. RECOMMENDATION: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution establishing City Council policy for construction change orders. WHEREAS, approximately 95% of the City's construction contracts are procured using the design -bid -build method of procurement; WHEREAS, 100% of these design -bid -build contracts are bid as unit price contracts, lump sum contracts, or contracts that are priced using a combination of units and lump sum items of work; WHEREAS, the City does not enter into guaranteed maximum price contracts or cost plus contracts for traditional design -bid -build contracts; WHEREAS, unit pricing, whereby the contractor sets a price for each unit of work or category of cost is a typical way for pricing public works such as roadways and runways; WHEREAS, unit pricing is most often used on public infrastructure projects; WHEREAS, Texas Local Government Code (LGC) section 252.048 provides authority for the governing body to approve change orders due to changes in plans or specifications, decrease or increase in the quantity of work, materials, equipment or supplies due to unforeseen conditions; WHEREAS, TX LGC sec. 252.048 also provides that the total contract price may not be increased unless additional money is appropriated and the original contract price may not be increased by more than 25%; WHEREAS, where an additional scope of work needs to be added to a construction contract and the project indicates a change order, if the total amount of that change order, when added to all previously executed change orders, would increase the original contract price by more than 25%, that change order is not executed, and the additional scope of work is not made a part of the original contract; WHEREAS, the construction services required for performing the additional scope of work must instead be procured by a manner authorized by state law; WHEREAS, TX LGC sec. 252.048(c-1) authorizes the governing body in a municipality with a population of 300,000 or more to grant general authority to an administrative official to approve public works change orders that involve an increase or decrease of $100,000 or less; WHEREAS, the City of Corpus Christi (City) Code of Ordinances, Part II, Council Policy No. 18, provides that the City Council (Council) grants to the City Manager or his designee the authority to approve change orders up to the maximum amount permitted under Texas law; WHEREAS, the General Conditions of the City's construction contract requires the City to execute change orders for agreed upon changes in contract price, contract times and changes in the work; WHEREAS, Council recognizes that change orders are a normal and necessary part of any construction project; WHEREAS, change orders amend the contract by revising either the contract price or contract times due to, for example, design changes, design deficiencies, misinterpreted or vague or ambiguous specifications upon which the contractor relied in making their bid, drawing errors and omissions, unforeseen conditions, differing site conditions, substitutions, or Owner/City-requested changes to add or delete from the originally contracted scope of work; WHEREAS, when these events occur and the contract must be amended, timeliness and proper change management is critical in seeking to minimize costs, and to avoid costly delays, claims, and litigation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT THE FOLLOWING POLICY BE ADOPTED: SECTION 1. When a construction contract is awarded, an amount for change orders shall be designated, the typical allocation being ten percent of the contract price ("Contingency"). SECTION 2. The City Manager is authorized to approve change orders within the parameters allowed by state law. Change orders exceeding the threshold amount authorized by state law for administrative approval must be approved by City Council. SECTION 3. The City Manager is authorized to further delegate his authority to approve change orders. SECTION 4. The City Manager shall provide a quarterly report to the City Council of all change orders approved under his authority. SECTION 5. If the aggregate sum of change orders exceeds 75% of the set aside Contingency, the City Manager shall notify the City Council immediately upon execution of the change order. PASSED AND APPROVED this day of , 2015, at a Regular Meeting of the City Council of the City of Corpus Christi, Texas by the following vote: ATTEST: Rebecca Huerta City Secretary Corpus Christi, Texas , 2015 Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Nelda Martinez Mayor AGENDA MEMORANDUM Action Item for the City Council Meeting of Aug. 25, 2015 DATE: August 5, 2015 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 2016 Hazardous Materials Emergency Preparedness (HMEP) grant application in the amount of $70,000 to update the 2010 Commodity Flow Study. CAPTION: Resolution authorizing the City Manger, or designee, to submit a grant application in the amount of $70,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2016 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct an update to the 2010 Commodity Flow Study with a hard match of $14,000; from the Local Emergency Planning Committee (LEPC) reserve fund; and authorizing the city manager, or designee, to apply for, accept, reject alter or terminate the grant. PURPOSE: The data and analysis will be used to update the 2010 Commodity Flow Study. BACKGROUND AND FINDINGS: In 2010, the Corpus Christi/Nueces County LEPC conducted a Commodity Flow Study to assess hazardous material being transported throughout the County which included our three hazardous materials highways IH37, US77 and US181. This study predated the Joe Fulton Corridor as well as the influence of the Eagle Ford Shale play. The grant funds requested will be used to update the 2010 Commodity Flow Study. Nueces County is seeking to designate a Non -Radioactive Hazardous Materials truck route that will potentially reduce the transport of hazardous materials over the new Harbor Bridge. The updated Flow Study will be used to determine the best possible route. ALTERNATIVES: If we do not accept and appropriate funds from the grant, we will have limited information to determine the best possible hazardous materials truck route. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Ordinance to apply for grant funds. EMERGENCY / NON -EMERGENCY: This is a Non -Emergency, non -controversial item. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 21,000 21,000 Encumbered / Expended Amount 0 This item 0 0 14,000 14,000 BALANCE 0 0 7,000 7,000 Fund(s): Comments: The FY 2015-2016 LEPC Budget would be able to absorb the 20% match of $14,000.00. The City of Corpus Christi/Nueces County LEPC has approved a motion to apply for the HMEP grant. RECOMMENDATION: Staff recommends approving resolution to apply for an HMEP grant in the amount of $70,000 to update the 2010 Commodity Flow Study. LIST OF SUPPORTING DOCUMENTS: Ordinance Resolution Authorizing the City Manager, or designee, to submit a grant application in the amount of $70,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2016 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct an update to the 2010 Commodity Flow Study with a hard match of $14,000 from the Local Emergency Planning Committee (LEPC) reserve fund; and authorizing the city manager, or designee, to apply for, accept, reject, alter or terminate the grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $70,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2016 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a an update to the 2010 Commodity Flow Study with a hard match of $14,000 from the Local Emergency Planning Committee (LEPC) reserve fund. SECTION 2. The City Manager, or designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety, Governor's Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program. 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 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 25, 2015 Action Item for the City Council Meeting of September 8, 2015 DATE: August 17, 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 FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 CAPTION: Lawrence Mikolajczyk, Director of Solid Waste LawM@cctexas.com (361) 826-1972 Solid Waste Resolution Flour Bluff Collection Center Resolution authorizing City Manager or his designee to proceed with design and construction of the Flour Bluff Collection Center project. PURPOSE: The purpose of this agenda item is to obtain Council direction concerning the Flour Bluff Collection Center. BACKGROUND AND FINDINGS: The City Council approved several items in support of a City's Solid Waste System and the Flour Bluff Collection Center including: • November 2014: The list of projects below totaling approximately $14,500,000 was presented and approved by Council to be funded by future Certificates of Obligation. Council approved appropriating $1,100,000 from the unreserved fund balance in the General Fund to the General Fund FY 2014 Operational Budget for the first debt service payment. • February 2015: City Council approved the Ordinance issuing Certificates of Obligation in the amount of $14,500,000 for the listed projects above. • April 2015: City Council approved the second reading for purchasing the land for the Collection Center in Flour Bluff. The contract was with Alamo Concrete Products Company in the amount of $278,000 with closing costs for the 5.320 acre parcel located at the northeast corner of the Flour Bluff Drive and Division Road intersection. Therefore, staff is requesting direction from City Council with passage of the stated Resolution to proceed with the project. Upon City Council approval, staff will proceed with further development of the design and public outreach to best address the input from the public and objectives of the project. Additionally, Staff will issue a formal a two-step Request for Qualifications for the design and construction. The following is an outline of the proposed timeline: Flour Bluff Collection Center City's Solid Waste System Projects Budget 1. Flour Bluff Collection Center — Flour Bluff/Padre Island $4, 650,000 2. JC Elliott Office Building $1,750,000 3. Pavement/Life Cycle Replacement $1,500,000 4. Cefe Valenzuela Landfill Disposal Cell Interim Cover $2,292,844 5. Cefe Valenzuela Landfill Disposal Cell Construction 1B and 1C $3,457,500 6. Cefe Valenzuela Landfill Outfall Modifications $ 559,800 • February 2015: City Council approved the Ordinance issuing Certificates of Obligation in the amount of $14,500,000 for the listed projects above. • April 2015: City Council approved the second reading for purchasing the land for the Collection Center in Flour Bluff. The contract was with Alamo Concrete Products Company in the amount of $278,000 with closing costs for the 5.320 acre parcel located at the northeast corner of the Flour Bluff Drive and Division Road intersection. Therefore, staff is requesting direction from City Council with passage of the stated Resolution to proceed with the project. Upon City Council approval, staff will proceed with further development of the design and public outreach to best address the input from the public and objectives of the project. Additionally, Staff will issue a formal a two-step Request for Qualifications for the design and construction. The following is an outline of the proposed timeline: Flour Bluff Collection Center July August September October November 27 -Jul 3 -Aug 1O -Aug 17 -Aug 24 -Aug 31 -Aug 7 -Sep 14 -Sep 21 -Sep 28 -Sep 5 -Oct 12 -Oct 19 -Oct 26 -Oct 2 -Nov 9 -Nov 16 -Nov 23 -Nov Activities Conceptual Design Council Presentation (Resolution to Proceed} Develop and Issue RFOJP Prelim Design Public Mtg/Workshops RFOJP for Design and Construction Council Award Design/Construction 12 Months ALTERNATIVES: 1. Approve the Resolution as presented. (Recommended) 2. Do not approve the Resolution as presented. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to City Policy for Resolution EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Solid Waste Operations Engineering Services 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 Future Anticipated Expenditures This Project BALANCE Fund(s): Comments: Not Applicable with this item. RECOMMENDATION: City Staff recommends approval of the Resolution providing direction on the Flour Bluff Collection Center project. LIST OF SUPPORTING DOCUMENTS: Powerpoint presentation Resolution Resolution authorizing the City Manager or designee to proceed with the design and construction of the Flour Bluff Collection Center in the Flour Bluff/Padre Island area. WHEREAS, on November 18, 2014, Resolution No. 030351 was approved to provide notice of the City's intent to issue certificates of obligation to fund permanent public improvements to the City's solid waste facilities including a solid waste Flour Bluff Collection Center located in the City near Flour Bluff and Padre Island, and Ordinance No. 030352 was approved to appropriate funds for payment on the debt service on the solid waste certificates of obligation; WHEREAS, on February 17, 2015, Resolution No. 030420 was approved to adopt a Flour Bluff Community Revitalization Plan ("Plan"), such Plan having identified the need for a solid waste disposal facility in the Flour Bluff area to reduce dumping in the area, and the improvement identified in the Plan to address this issue is the Flour Bluff Collection Center to collect solid waste and household hazardous waste in addition to discarded appliances and furniture; WHEREAS, on February 24, 2015, Ordinance No. 030435 was approved to authorize the issuance of solid waste certificates of obligation to fund permanent improvements to the City's solid waste facilities, including a solid waste Flour Bluff Collection Center located in the City near Flour Bluff and Padre Island; and WHEREAS, on May 12, 2015, Ordinance No. 030501 was approved to purchase 5.320 acres of land at the intersection of Flour Bluff Drive and Division Road to be used for the Flour Bluff Collection Center — Flour Bluff/Padre Island Area Project #E12190 ("Project"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Council resolves to proceed with the Flour Bluff Collection Center in the Flour Bluff/Padre Island area to effectuate the goals of the Plan. SECTION 2. The City Manager or his designee is authorized to proceed with design and construction of the Project. PASSED AND APPROVED this day of , 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas , 2015 Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn 4440 Corpus Chr Capital Programs Flour Bluff Collection Center Council Presentation August 25, 2015 Presented to Council on February 10, 2015 2 ADOPTED Solid Waste Department 2014-2015 2015-2016 2016-2017 2017-2018 2018-2019 REVENUE 37,279,134 38,172 400 38,553 657 38,938,821 39,327,932 Decision Packages: $1 rate reduction for Carts (1,100,000) (1,100,000) (1,100,000) (1,100,000) Reaenueafter $1 rate reduction 37,072,400 37,453,657 37,838,821 38,227,932 $1 rate increase for $145M Deht 1,100 000 1,100 000 1,100 000 1,100,000 Add $0.60 Fee Inaease 660,000 660,000 660,000 660,000 Rate Increase-.10/month in 2017, .15 in 2018 & 2019 110,000 276,500 444,500 Expenditures 27,681,250 28,071,197 28,471,827 28,863,554 29,306,817 Decision Packages: Equipment Lease Purchase 65,000 314,000 490,000 500,000 Expenditure after increase in leases 28,136,197 28,785,827 29,373,554 29,806,817 $14.5M in Add'I Debt 984,000 984,000 984,000 984,000 SW Contribution to General Fund 9,597,884 9,597,884 9,597,884 9,597,884 9,597,884 SW Conlrib.-rate red /Add leases 8,936,202 8,667,830 8,465,287 8,421,115 Surplus (Short1011) (661,681) (930,053) (1,132,616) (1,176,769) Add $0.60 Fee Increase 660,000 660,000 660,000 660,000 Surplus (Shortfall) (1,681) (270,053) (472,616) (516,769) $14.5M in Add'I Debt (984,000) (984,000) (984,000) (984,000) Surplus (Shortfall) (985,681) (1,254,053) (1,456,616) (1,500,769) $1 rate increase for 514.5M Debt 1,100,000 1,100,000 1,100,000 1,100,000 Surplus (Shortfall) 114,319 (154,053) (356,616) (400,769) Rate Increase-.10/month in 2017, .15 in 2018 & 2019 110,000 276,500 444,500 Surplus (Shortfall) (44,053) (80,116) 43,731 Rates: Residential 24.31 24.91 25.01 25.16 25.31 Commercial 4343 44.63 44.83 45.13 45.43 2 Approved Solid Waste Capital Projects ICAO Corpus Chr sti Capital Programs ➢ Six approved $14.5M Certificates of Obligation Projects: 1. Flour Bluff Collection Center 2. JC Elliott Office Building 3. Pavement/ Life Cycle Replacement 4. Cefe Valenzuela Landfill Disposal Cell Interim Cover 5. Cefe Valenzuela Landfill Disposal Cell Construction 1B and 1C 6. Cefe Valenzuela Landfill Outfall Modifications Flour Bluff Collection Center OCorpus Capital Programs ➢ Total Project Budgeted Cost - $4.650M • Funding Source: ✓ Certificates of Obligation ➢ Operating Costs - $293K • Includes 4 FTEs • Funding Source: ✓ Solid Waste Revenues ✓ Covered by customer growth ✓ Will not require an increase in rates 4 Flour Bluff Collection Center (1SCorpus Capital Programs ➢ Provides easy drop-off for: • Brush • Bulky items • Tires • Used Motor Oil • Household Hazardous Waste • Electronics (E -Waste) • Single -stream Recycling (Blue Bins) ➢ Covered drop-off area ➢ Concrete all-weather pads & driveways ➢ Screened Fencing around property ➢ Access from Holly Road ➢ Video security ➢ Staffed during operating hours • Thursday through Sunday • Open to public 8 hours • Staffed 10 hours 5 COLLECTION CENTER VICINITY MAP 6 LOCATION MAP ///I PROJECT LOCATION NOT TO SCALE Conceptual Project Layout (1SCorpus Capital Programs CONIRE TAI ONICS ECor?rNINE USED OTHER OEMS BULIW MAE CLEAN -' BRUSH DR P EF OF FILE/ EDUCATION E. BUILDING FENCE INCOMIN RAFFIC VISITOR/ EDUCATION PARKING WASTE LOADS STARING( SERVICE EXIT OVTO WISION DIVISION ROAD oar N4 SOUTHROONDa 8 Conceptual Project Layout at, Corpus Chr sti Capital Programs ELECTRONICS CONTAINER TIRE CONTAINER Hoa CONTAINER STORAGE STAGING AREA PROPOSED NPe AREA yLinuR EDUCATIONTA PARKING P%ISTING VEGETATION EXISTING VEGETATION CHAIN-LINK FENCE WITH SLATS ARCHITECTURAL FENCE DIVISION ROAD 9 6,.'‘. Conceptual Project Layout OCorpus Capital Programs Three -Dimensional Perspective, As Seen from the Flour Bluff Drive/Division Street Intersection Conceptual Project Layout (1SCorpus Capital Programs CLEAN BRUSH CLEAN BRUSH CLEAN BRUSH 11 BU KY WASTE BU KY WASTE BU KY WASTE 11 Conceptual Project Layout ARCH SHEET METAL COVER BRUSH PICKUP WITH CONTAINER TRAILER SOUTH ELEVATION OCorpus Capital Programs I 1 CLEAN BRUSH, EAST ELEVATION Conceptual Project Layout HALL ■ MECN ■ mars ■ OFFICE ■ RECEPTION STORAGE TRAINING/CLASSROOM UNISEX WAITING WOMEN'S TIMBER FOST (1SCorpus Capital Programs NORTH ELEVATION -ENTRANCE SHEET METAL ROOFING PIER AND BEAM FOUNDATION EAST ELEVATION LAP BOARD SIDING —1,600 sf, excluding porches 13 Conceptual Perimeter Fencing tA0 Corpus Chr sti Capital Programs Lightweight Cast Concrete Panels Chain Link with Colored Slats 14 Next Steps (1SCorpus Capital Programs Flour Bluff Collection Center Project Timeline July August 2015 September 2015 October 2015 November 2015 Activity 27 -Jul 3 -Aug 10 -Aug 17 -Aug 24 -Aug 31 -Aug 7 -Sep 14 -Sep 21 -Sep 28 -Sep 5 -Oct 12 -Oct 19 -Oct 26 -Oct 2 -Nov 9 -Nov 16 -Nov 23 -Nov Conceptual Design Council Presentation (Resolution to Proceed) Develop & Issue RFQ/P Prelim Design Public Mtgs/Workshops RFQ/P for Design & Construction Council Award Design/Construction lz Months 15 IC* Corpus Chr sti Capital Programs Questions? 16 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 18, 2015 Second Reading Ordinance for the City Council Meeting of August 25, 2015 DATE: August 3, 2015 TO: FROM: Ronald L. Olson, City Manager Mike Markle, Interim Chief of Police Mikema@cctexas.com 886-2601 Ordinance amending Chapter 6 of the Code of Ordinances to modify the animal care ordinance CAPTION: Ordinance amending Chapter 6 of the Corpus Christi Code of Ordinance modifying the collar requirements for dangerous dogs; requiring security fence and leash for dangerous dogs; exempting Trap, Neuter, Return (TNR) animals from keeping of six (6) animals limit; establishing tethering standards; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. PURPOSE: Updating to current code of ordinances regarding animal care. BACKGROUND AND FINDINGS: The changes to the ordinance are: • Defined secure enclosure. Our ordinance did not have a clear definition of what was considered a secure enclosure for the animals that the city were deeming dangerous. Because of this, we were releasing dangerous animals back into the public without standards for the way the animals had to be secured on premises when not on a leash. • Defined Trap, Neuter, Returned (TNR). This makes it legal for individuals, or non — profits, to trap cats, neuter them, and then return them to the area they live. • Changed the color of collar for Dangerous Dog from lime green to "bright colored" with the words "dangerous dog" printed on it. The former law required a lime green collar, and no one knew that lime green meant dangerous animal. We have a supplier lined up and ready to produce the collars that we can in turn sell to the people wishing to buy them from the city. • Tethering — added that an animal that is not in an enclosed/ secure back yard, must be kept on a running line, pulley, or trolley system. Animals can still be secured by tethering them to a fixed object for a period of time as long as it does not create an unhealthy situation for the animal. This change puts Corpus Christi in line with most of the cities in the State regarding tethering. These changes were approved by the Animal Care Advisory Committee on June 18, 2015. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 0 Fund(s): General Comments: RECOMMENDATION: Staff recommends supporting changes to the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance issue. Ordinance Amending Chapter 6 of the Corpus Christi Code of Ordinance modifying the collar requirements for dangerous dogs; requiring security fence and leash for dangerous dogs; exempting Trap, Neuter, Return (TNR) animals from keeping of six (6) animals limit; establishing tethering standards; Providing for severance; Providing for publication; Providing for penalty; and Providing an effective date. Whereas, dangerous dogs escaping confinement has been a reoccurring Whereas, allowing a TNR to operate is in the best interest of the City and Whereas, a tethering ordinance can prevent animal cruelty. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 6, Section 32 Dangerous dog registration, is amended as follows: Sec. 6-32. - Dangerous dog registration. (a) A dog found to be a "dangerous dog" as defined in V.T.C.A., Health and Safety Code ch. 822, as it may be amended, must wear a dangerous dog registration tag issued annually by the animal care services division upon a payment of the maximum fee allowed for a dangerous dog registration under V.T.C.A., Health and Safety Code ch. 822, as it may be amended. The dangerous dog registration fee is listed in the fee schedule pursuant to section 6-15 of this chapter. (b) A dangerous dog registration tag must be worn at all times by the dangerous dog attached to a lime green bright colored, one -inch -wide collar with the words "Dangerous Dog" printed on the collar. (c) The owner of a dangerous dog shall present proof of the secure enclosure in which the dog will be kept, proof of liability insurance coverage or financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages that may result from an attack by the dangerous dog causing bodily injury to a person, and proof of compliance with other conditions as may be required by the animal care services manager and as may be required under V.T.C.A., Health and Safety Code ch. 822, as it may be amended. (d) The animal care services manager may require a dangerous dog to be removed from the city limits. SECTION 2. Chapter 6, Section 160 Dangerous Dog Fencing is created as follows: Sec. 6-160. - Dangerous doq fencing Not later than the 30th calendar day after the date a licensee or owner learns that he is the owner of a dangerous doq that is not to be humanely euthanized, the licensee or owner shall confine the dog in a secure enclosure. SECTION 3. Chapter 6, Section 161 Dangerous Dog leash is created as follows: Sec. 6-161. - Dangerous dog leash Any dangerous dog not in a secure enclosure shall be restrained at all times on a leash of sufficient strength to control the doq, no longer than six feet in length and in the immediate control of a person at any time the dog is not in a secure enclosure. SECTION 4. Chapter 6, Section 157 Exceptions to distance and number requirement regulations., is amended as follows: Sec. 6-157. - Exceptions to distance and number requirement regulations. (a) Laboratories, veterinarians, and others listed. Where livestock or fowl are kept in medical laboratories or educational institutions for medical research, in veterinary hospitals for treatment, or on the premises of any recognized humane society for humane care, the livestock or fowl must be kept under conditions prescribed by the animal care services manager for the limited purposes stated in this subsection without the necessity of compliance with the distance and number requirements prescribed in this chapter. (b) Pet shops. Pet shops keeping all animals in completely enclosed and solidly walled facilities need not comply with the distance and number requirements prescribed in this chapter. (c) Exempted premises in newly annexed area. Where any animal is being kept at a location outside the city limits and, by annexation, the area becomes a part of and within the boundaries of the incorporated area of the city, the distance and number requirements do not apply for a period of five (5) years from and after the date of annexation. Extensions of this exemption may be obtained for successive five-year periods by applying for and obtaining a certificate from the animal care services manager certifying to the existence of sanitary conditions of the premises and neighboring premises. (d) Homing pigeons. Homing pigeons may be kept in a number not exceeding sixty (60) so long as there is no opposition from contiguous neighbors, they are kept in accordance with the rules and regulations promulgated by the animal care services 2 manager and they are kept in accordance with subsection 6-153(e) and all other provisions of this chapter. (e) Events. Where any animal is kept as part of an auction, circus, performing animal exhibit, performing animal exhibition, or rodeo for which a commercial permit has been obtained in accordance with article 111 of this chapter, or is kept as part of an animal special event authorized by the animal care services division, the holder of the permit or the person so authorized is exempt from the distance and maximum animal number requirements prescribed in this chapter. Trap, Neuter, Return (TNR). Cats involved in a Trap, Neuter, Return (TNR) Program as defined in 6-1 are exempted from this Section. SECTION 5. Chapter 6, Section 1 Definitions, is amended as follows: Sanitary means any condition of good order and cleanliness, free from the elements of filth or bacteria that endanger health. Secure enclosure means a fenced area or structure that is: (1) At least six feet in height with secure sides and a secure top; if the enclosure does not have a floor that is secured to its sides, the sides shall be embedded at least two feet into the ground; (2) Of sufficient size to allow the dog to move freely; (3) Locked; (4) Capable of preventing the entry of the general public, including children; (5) Capable of preventing the escape or release of a dangerous dog by any means, including digging, climbing, jumping, or chewing out of the enclosure; (6) Clearly marked as containing a dangerous dog; and (7) Located no less than five feet from another property line or fence adjoining the premises on which the enclosure is located. Tether means to restrain an animal by rope, chain, or a similar material attached to a collar or harness so that an animal is fastened to a fixed object or other device so as to limit its range of movement. 3 Trap, Neuter, Return (TNR) Program means a nonlethal approach to feral cat population control where feral cats are humanely trapped, sterilized, vaccinated for rabies when age appropriate, eartipped, and then returned to the location where they were originally trapped. Cats eartipped for TNR shall, specifically, have approximately % of an inch removed off the tip of the cat's left ear in a straight line, while the cat is anesthetized. Vaccination certificate means the certificate issued by a licensed veterinarian in a form that meets the minimum standards approved by the Texas Board of Health for presentation to the animal care services division as a condition precedent to the granting of a dog or cat registration, and showing on its face that, at the time of presentation, the dog or cat covered by the certificate has been vaccinated for rabies. SECTION 6. Chapter 6, Section 162 Tethering dogs and other animals., is created as follows: Sec. 6-162. - Tethering dogs and other animals. It shall be unlawful for any person to tie or tether a dog or other animal to a stationary object for a period of time or in a location so as to create an unhealthy situation for the animal. This section does not apply to any animal that is restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch -type, prong -type, choke -type, or improperly fitted collar SECTION 7. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. SECTION 8. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 10. This ordinance takes effect after official publication. 4 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 5 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 25, 2015 Second Reading Ordinance for the City Council Meeting of September 8, 2015 DATE: July 13, 2015 TO: Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director JayEll@cctexas.com 361-826-3464 Lease Agreement with Lindy Burns dba Youga Yoga Studio for Merriman-Bobys House CAPTION: Ordinance authorizing the City Manager or designee to execute a lease with Lindy Burns dba Youga Yoga Studio for the Merriman-Bobys House in Heritage Park for one year term with an option to renew annually for two years with rent of $600 per month. PURPOSE: Lease the Merriman-Bobys House to Youga Yoga for office and studio space for its operations. BACKGROUND AND FINDINGS: The Youga Yoga Studio has requested a lease with the City of Corpus Christi for the vacant Merriman- Bobys House in Heritage Park at 1521 N. Chaparral. Youga Yoga will make a payment of $600 per month for a one year term with an option to renew annually for two years. The Merriman-Bobys House was most recently occupied by Creative Connections (Festival of the Arts). ALTERNATIVES: Do not approve OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Parks and Recreation FINANCIAL IMPACT: ❑ Operating XRevenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years (2016-2017) TOTALS Line Item Budget $600.00 0 $600.00 Encumbered/ Expended Amount 0 0 0 This item 0 $7,200 $7,200 BALANCE 0 $7,200 $7,800 Fund(s): Visitor's Facility Fund 4710 Comments: Lease will go into effect on September 1, 2015 with tenant paying $600 monthly. RECOMMENDATION: Staff recommends that the Council approve the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement with Exhibits Ordinance authorizing the City Manager or designee to execute a lease with Lindy Burns dba Youga Yoga Studio for the Merriman- Bobys House in Heritage Park for one year term with an option to renew annually for two years with rent of $600 per month. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute a lease with Lindy Burns dba Youga Yoga Studio Heritage Park for one year term with an option to renew annually for two years with rent of $600 per month. The lease 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 Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas , 2015, 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 Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas , 2015, 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 LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND LINDY BURNS DBA YOUGA YOGA STUDIO STATE OF TEXAS § § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: 1 This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City" or "Lessor"), acting through its duly authorized City Manager, or his designee ("City Manager"), and Lindy Bums dba Youga Yoga Studio ("Lessee"). WHEREAS, the City owns the Merriman-Bobys House located in Heritage Park at 1521 North Chaparral Street, Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, Texas, together with all Improvements thereon; ("Premises"); WHEREAS, Lessee has requested the use of the Premises for the purpose of office space for its operations as the Youga Yoga Studio upon the conditions and covenants contained in this Lease; and, WHEREAS, City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 1 Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. (B) City Manager means the City's City Manager or the City Manager's designee. (C) Council means the City's City Council. (D) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. (E) Lease means this lease document, including all attached and incorporated exhibits. (F) Lessee means Lindy Burns dba Youga Yoga Studio. (G) Parks means the City's Park and Recreation Department. 7 (H) Premises means Lots 5 and 6, Block 61, Beach Portion, Corpus Christi, Nueces County, commonly known as the Merriman-Bobys House, located at 1521 North Chaparral Street, in the City. (I) Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. Section 2. Purpose. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize Premises for office space for its business operations. Lessee shall not operate the Premises for any other purpose without Director's prior written approval. Section 3. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee on a one year term beginning September 1, 2015, effective upon final City Council approval, unless sooner terminated as set out herein. This lease may be renewed for up to two additional one year terms upon written agreement of the Director and the Lessee Executive Director, at the same terms and conditions set forth herein. Section 4. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. 3 D. THE PROVISIONS OF THIS Section 4 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Section 5. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 6. Lease Payments. (A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, on a monthly basis, six hundred dollars per month. (B) All rental fees are due and payable on or before the 10th day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. O. Box 9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 7. Quiet Enjoyment. Lessee shall have peaceful and uninterrupted possession of the Premises, subject to Lessee's payment of rent and Lessee's compliance with the terms of this Lease, except during City approved events at Heritage Park scheduled in accordance with Section 13 (B ) below, and maintenance at Heritage Park. Section 8. Parking. (A) Lessee is given, during the term of this Lease, the right to designate up to eight (8) parking spaces within the general parking area of Heritage Park. If Lessee chooses to designate the parking spaces, the Director shall determine and approve Lessee's method and manner of designation of the spaces. Lessee shall bear any and all expense associated with designation of the parking spaces. (B) Lessee's designated parking spaces are for use during Lessee's hours of operation only. At all other times when Lessee is not open under normal operating hours, any member of the public can utilize the designated parking spaces. (C) Lessee's designated parking spaces are for use by passenger vehicles only and must not be unreasonably utilized for purposes, such as loading and unloading of equipment or supplies, by Lessee or Lessee's vendors or suppliers. Section 9. Utilities. (A) It is understood by and between the parties that scheduled, regular garbage collection service is available to the Premises and that the provision of this service shall be the responsibility of Parks under the City's present Heritage Park maintenance program. 4 (B) The cost to Lessee, for the provision of garbage collection service by the City, is included and made a part of Lessee's monthly lease payment. (C) Lessee shall deposit, or cause to be deposited, all garbage and debris generated at the Premises into the garbage dumpster provided by City at the Premises. Any garbage needs Lessee may determine are required at Premises, beyond regular service, or in addition to existing park dumpster capacity, shall be the responsibility of, and at the sole expense of, Lessee. Lessee may request that City Director obtain a larger container (6 cubic yard approximately) from City contractor for Lessee's use, with Lessee to pay City the monthly rate of the difference between a four (4) cubic yard container and a six (6) cubic yard container. (D) The Premises is wired for telephone service; however, Lessee shall contract separately with a telephone service provider of Lessee's choice for the provision of active telephone service, which service is to be incurred at Lessee's sole expense. (E) The Premises is wired for electrical service and has a separate electric meter. Lessee shall contract for electric service to the Premises. Lessee shall bear the cost of all electricity used at the Premises for the term of this Lease. Additionally, Lessee shall bear the cost for the use and maintenance of the existing security alarm system in the Premises for the term of this Lease. Lessee is responsible to contract for security alarm system monitoring at the Premises. (F) Water and sewage service is available at the Premises, and the cost to Lessee, for the provision of water and sewage service by the City, is included and made a part of Lessee's monthly lease payment. (G) Should Lessee require any modification to the provision of the enumerated utilities in this section or require any additional utility service not herein covered during the term of this Lease, Lessee shall submit a request, in writing, to the Director for consideration and possible amendment of this Lease. (H) Lessee shall pay for all utilities related to usage of Premises, excluding water and sewage service as herein provided for, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 10. Abandonment, Interruption of Utilities, Removal of Lessee's Property, and Lockout. Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Lessee's personal property; and (d) lock out of Lessee. 5 Section 11. Maintenance. (A) The City will maintain the exterior of the Premises and adjacent park grounds, including buildings and public parking lots in the vicinity of the Premises, subject to sufficient annual budget appropriations. The City shall be responsible for repairs to the exterior of the Premises unless damage occasioned to the exterior is or was caused by Lessee's negligence. It is further understood and agreed that the City shall maintain the utility lines serving the Premises, subject to sufficient annual budget appropriations. All of City's repair or maintenance obligations set forth in this agreement are subject to sufficient annual budget appropriations for such purpose. (B) The City will repair and maintain the heating and cooling systems at the Premises, subject to sufficient annual budget appropriations. (C) The City will repair and maintain the electrical wiring system at the Premises, subject to sufficient annual budget appropriations. (D) Lessee covenants and agrees to maintain the interior of the Premises during the term of this Lease, such maintenance to include, but not be limited to, interior painting (in a neutral color preapproved by the Director) and keeping in good repair the plumbing and light fixtures. (E) Lessee shall be responsible for cleaning the interior of the Premises and will supply paper goods and chemicals necessary for cleaning. (F) During Lessee's normal business hours, City may, upon reasonable notice, enter the Premises for any reasonable purpose, including but not limited to, repairs, maintenance, alterations and showing the premises to prospective tenants. City may access the Premises at any time for emergency repairs. (G) City maintenance to the Premises is subject to sufficient annual budget appropriations. Section 12. Furniture, Fixtures, and Equipment. (A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to fumish any equipment or furnishings for Lessee. (B) All capital construction to the premises, such as installation of plumbing fixtures remain the property of the City. Section 13. City Use and Special Events. (A) City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for 6 damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. (B) Lessee acknowledges that Heritage Park premises are used for special events which may occasionally interfere with Lessee's access to the Leased Premises and parking space availability. Lessee shall not be entitled to any compensation, in whatever form, either tangible or intangible, for such non -Lessee use. (C) Lessee grants to Parks the right to continue to conduct free public tours through the Premises. Section 14. Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that purpose of its use of the Premises is in accordance with all applicable Federal, State, and local laws, ordinances, rules and regulations. (B) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses and permits related to its operations. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements. Section 15. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and notice, to determine whether Lessee is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Premises. Section 16. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee 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 shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 17. Insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Attachment, which is incorporated in this Lease by reference. (B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. Lessee agrees to notify Lessor of any substantive change to its insurance coverage. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. The Risk 7 Manager shall retain the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if reasonably necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. (D) In the event of any necessary increase, Lessee shall receive ninety (90) days written notice prior to the effective date of the requirement to obtain increased coverage. In the event alcoholic beverages are to be served or consumed on any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or consumed. (E) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 19(a), as contained herein. (F) The City carries the property and flood insurance on the building. Lessee is responsible for insuring its own contents, displays and exhibits. Section 18. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and a!! liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss 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) Lessee's performance pursuant to this Lease; (2) Lessee's and Lessee's invitees use of the Premises and any and al! activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or invitees or by Indemnitees or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, invitees, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident 8 Lessee covenants and agrees that, if City is made a party to any litigation 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 all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said liability, injury, damage, loss, demand, claim or action. Section 19. Alterations. (A) Lessee shall not make any alterations, additions, or improvements to, in, on, or about said Premises, without the prior written consent of the City Director of Parks and Recreation. Lessee must also obtain clearance from the Risk Manager as required above. (B) Lessee agrees not to harm the Premises beyond normal wear and tear. (C) All approved alterations, improvements, and additions made by the Lessee upon said Premises, which are permanent in nature, even if made at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation hereof, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property of the City. Section 20. Signs. (A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Premises, or any part thereof, without the Director's prior written approval. (B) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of Director's written demand, City may do or cause the work to be done, and Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 21. Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City. Lessee shall not, in whole or in part, assign or transfer directly or indirectly this Lease unless prior written approval has been obtained from the City. Written consent or approval shall not be unreasonably withheld by Lessor. Lessee is 9 allowed to permit use of the Premises by artists for fee to be established by Lessee; however, any users permitted by the Lessee are the responsibility of Lessee to indemnify and insure in compliance with Sections 18 and 19 of this Agreement. Section 22. Default. (A) The following constitute Events of Default under this Lease: (i) failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. (B) Upon the occurrence of any Event of Default, the City may, at its option, in addition to any other remedy or right given hereunder or by law: (i) give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than thirty (30) days after the giving of such notice. Section 23. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. Section 24. Notice. (A) 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: (i) by personal delivery; or (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. (C) All these communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Park and Recreation Department P. O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Director of Park and Recreation y Bu s • ouga Yoga Sio Corpus Christi, Texas (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (10) days after the address is changed. 10 Section 25. Nondiscrimination. Lessee covenants and agrees that it shall not unreasonably 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 Premises, 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. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 26. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 27. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carver, severe inclement weather, riots or interference by civil or military authorities. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. Section 28. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, 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. Any reasonable costs incurred for repairs or corrections for which Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment date, or within 30 days written demand. Section 29. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, if required by the City Charter, in the legal section of the local newspaper. Section 30. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 31. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 32. Casualty. If the Premises become damaged due to weather event, fire, or other natural or man-made disaster, such that the Premises are not deemed safe for occupation by the City Building Official, and repairs are not completed within 30 days of the event of disaster, then either party may terminate this lease upon 30 days written notice to the other party, without penalty. 11 Section 33. Termination. It is Lessee's responsibility to remove its personal property from the Premises prior to termination or expiration of the Lease. Lessee agrees that any of personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law, for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee. Lessee shall be invoiced for City's costs to remove property from the Premises after termination or expiration of the Lease, and Lessee shall pay said invoice within thirty (30) days of receipt. Section 34. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, 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 relating to Lessee's operations and the Premises to be used in the operations. Section 35. 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 by the Court construing such clause or provision to be invalid. EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of , 2015. CITY OF CORPUS CHRISTI Ronald L. Olson City Manager APPROVED AS TO LEGAL FORM this By: -i Lisa Aguilar Assistant City Attorney for City Attorney day of , 2015. LESSEE: Name: Title: Date: f4(5 13 14 INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must fumish to the City's Risk Manager, 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 named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements 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 $500,000 COMBINED SINGLE LIMIT LIQUOR LIABILITY COVERAGE If liquor being served $1,000,000 COMBINED SINGLE LIMIT Property Coverage Lessee will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed, and also for any and all damage to displays and exhibits. WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable when employs paid employees, WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $500,0001$500,0001$500,000 15 C. In the event of accidents of any kind arising at the Premises or arising from this Lease, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable when employing paid employees, Lessee 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 Lessee will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee'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. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Lessee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management and Director of Parks and Recreation P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations 16 and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; • 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 suspension, cancellation, non -renewal or material change 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 suspension, cancellation, or non -renewal of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Lessee'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 Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. AGENDA MEMORANDUM First Reading for the City Council Meeting of August 25, 2015 Second Reading for the City Council Meeting of September 8, 2015 DATE: 7/9/2015 TO: Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Film Ordinance CAPTION: Ordinance repealing Chapter 53, Article VII, Section 53-208 "Motion Picture Event"; Amending the City Code of Ordinances Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities by adding Article III, Procedures, Guidelines and Fees for Commercial Filming; Establishing the Corpus Christi Film Commission; Providing for severance; Providing for penalty; Providing for an effective date; and Providing for publication. PURPOSE: Establish the Corpus Christi Film Commission under the leadership of the Corpus Christi Convention and Visitors Bureau (CVB) and create a process for obtaining a film permit. BACKGROUND AND FINDINGS: The CVB and the City have been working towards the development of this ordinance for over four years. The film industry can enhance the social, economic and educational landscape of a community and has proven to provide awareness of a city. When these filmmakers travel they also bring entire an entire production staff that will stay in a city's hotels, eat in a city's restaurants and provide a direct economic impact. Highlights of the proposed ordinance include: • CVB is designated as the Corpus Christi Film Commission. • CVB will host an online application for a filming permit. Proposed application fee is $25. • CVB will coordinate application review and approval through the Special Event Program Manager's Office and manage payment of fees and services. • Approval of the permit within the City will follow a similar but much faster process as special event permit applications. The CVB will hold training workshops for local filmmakers so they can become familiar with the process of obtaining a permit and how to get connected with a larger network of professionals in the industry. In addition the CVB will work with the city's Special Event Program Manager to facilitate the permitting process similar for parade, marches and special event permits. Also, once an ordinance is established the CVB will begin a marketing effort to target those in the film, television and emerging technology industries. Corpus Christi would be included in a national and international database of municipalities that provide these types of services to the film industry such as Austin, Atlanta, Brownsville and El Paso. ALTERNATIVES: Do not approve ordinance and apply special event ordinances for oversight of filming. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all ordinances. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Traffic Engineering, Police FINANCIAL IMPACT: Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ Encumbered/ Expended Amount This item BALANCE Fund(s): N/A Comments: 'lick here to enter text. RECOMMENDATION: Staff recommends approving this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation AN ORDINANCE Repealing Chapter 53, Article VII, Section 53-208 "Motion Picture Event"; Amending the City Code of Ordinances Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities by adding Article III, Procedures, Guidelines and Fees for Commercial Filming; Establishing the Corpus Christi Film Commission; Providing for severance; Providing for penalty; Providing for an effective date; and Providing for publication. WHEREAS, the State of Texas, through the Texas Film Commission, provides incentives for qualified production of motion pictures, television series, commercials, music videos, interactive games and animation in the State; and WHEREAS, the City of Corpus Christi benefits from the Industry's growth in the State, both economically and culturally, including through job creation, employment, construction of infrastructure, patronization of restaurants, hotels and other local businesses and rental of real property and equipment; and WHEREAS, the City is committed to meeting the needs of the Entertainment Industry while simultaneously sustaining the quality of life of its citizens and businesses; and WHEREAS, it is in the best interest of the City to utilize the Corpus Christi Film Commission at the Corpus Christi Convention and Visitors Bureau, which will be dedicated to meeting the needs of the Entertainment Industry and coordinating for the related needs of Corpus Christi's citizens and businesses; and WHEREAS, the City of Corpus Christi desires to amend the City of Corpus Christi Code of Ordinances Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities, to establish procedures, guidelines and fees for commercial filming, which involves City property, equipment or personnel; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 53, Article VII, Section 53-208 Code of Ordinances is amended as follows: Sec. 53-208. Reserved. Motion picture cvcnt. The city managcr may authorizc tcmporary closurc of a strect for producing a historical, cultural, documentary, promotional, or othcr similar motion picturc, or for conducting a comparable cvcnt, which will promotc thc city. In addition to the is issucd, thc sponsor shall pay thc samc occupancy charges that would be rcquircd construction or rcpair of a building. If thc city managcr finds that producing thc motion picturc or conducting the cvcnt in thc city will providc sufficicnt favorablc publicity and economic bcncfits to justify waivcr, thc city managcr may waivc thc paymcnt of said SECTION 2. That the Code of Ordinances of the City of Corpus Christi is amended by adding Chapter 36, Article III "Procedures, Guidelines and Fees for Commercial Filming" to read as follows: "ARTICLE III. Procedures, Guidelines and Fees for Commercial Filming Sec. 36-80. Definitions. "Applicant" means the entity coordinating locations for the Production Company, who acts as the representative of the Production Company for the locations. "City Manager" means the City Manager or his/her designee, the City's Special Events Coordinator. "Element" means an activity involving or item of City of Corpus Christi property to be used during the filming. "Entertainment Industry Work" means the production of motion pictures, television series, commercials, music videos, interactive games and animation, where the final product is intended to be commercially released and/or commercially distributed. "Film Commission" means the Corpus Christi Film Commission Office at the Corpus Christi Convention and Visitors Bureau. "Local Film Maker" means any film maker that resides in the following counties: Nueces, Kleberq, Jim Wells, San Patricio, Live Oak, Bee, Refugio, Goliad, Victoria and Aransas. "Project" means the entire scope of work associated with the Filming Permit. Sec. 36-81. Purpose and Scope. The City Council recognizes there is a need to allow for commercial film -making activities in the City in a manner that protects the health, safety and welfare of the public by establishing guidelines and procedures pertinent to filming, which involves city property, equipment and personnel. These procedures govern requests for commercial use of city property (streets, right-of- ways, parks, and public facilities), commercial use of private property which may affect adjacent public or private property, and the use of city equipment and personnel in the filming of movies, TV shows, commercials, and related activities. To the extent that this Article is inconsistent with or conflicts with any provision of the Code of Ordinances, this Article supersedes any such provision (i.e., sections regarding use of city rights-of-way, temporary street closures, and any other provisions inconsistent with this Article). This Article does not apply to the filming of a public access program, the filming of a public meeting (as "meeting" is defined by Chapter 551 of the Texas Government Code), or filming conducted by an educational institution. Sec. 36-82. City and City Manager Authority. The Applicant agrees that the City shall have full control over the use of the city streets, parks, facilities and property of the City while being used in the filming, as well as control over the hours of production and the general location of the production. The City reserves the full and absolute right to prohibit all filming or to order cessation of filming if determined to be detrimental to the public health, safety and welfare. The Applicant agrees to allow the respective City Departments (i.e., Police, Fire, Development Services, Risk Management, Parks and Recreation) to inspect all structures and/or devices and equipment to be used in connection with the filming and taping if required by the City Manager. Sec. 36-83. Corpus Christi Film Commission The Corpus Christi Film Commission at the Corpus Christi Convention and Visitors Bureau is designated as the City's agent for the Filming Permit. The Film Commission will be the first point of contact for the Filming Industry and will administer the Filming Permit process in conjunction with the City Manager's designee. Additionally, the Corpus Christi Film Commission shall be responsible for marketing Corpus Christi, in association with the Texas Film Commission, to the Entertainment Industry and maintaining a database of local resources for entertainment production. Sec. 36-84. Permit Requirements. (1) Prior to filming that requires the prescribed use of public property (city street, right-of- way, park facility, equipment or personnel), a Filming Permit must be obtained. No Filming Permit is required by the City unless the Entertainment Industry Work is performed on Public Property. (2) Filming Permits shall be issued by the Film Commission. Permits shall be issued to the Applicant and will specify the filming that may occur at a particular location at a particular time. (3) The Filming Permit Application will be evaluated by the Film Commission and City staff, and the elements requested will be considered for approval. The Filming Permit will authorize the element(s) to be performed as part of the filming. (4) In the event that permission to perform an element is denied by the City Manager or the Film Commission, the remainder of the Filming Permit can be granted for all other aspects of the Filming for which the requirements have been met. (5) An Applicant that receives a Filming Permit is responsible for knowing and complying with all local, state and federal laws, including other ordinances and regulations that establish prerequisites, authorizations and other required permissions applicable to the filming. (6) Where permitted, filming includes advertising signs or other displays of commercial speech, and the signs and/or displays must be removed upon the expiration of the Filming Permit. (7) Notwithstanding any other part of this code, any Applicant that performs filming without receiving a Filming Permit, violates the material terms of a Filming Permit, or is otherwise in violation of this Entertainment Filming Ordinance, shall be subject to penalties as provided in Section 1-6 of the Code of Ordinances. (8) The issuance of a permit shall not grant the Applicant a constitutionally protected property interest. All applications for permits shall be in the form prescribed and shall contain the information and exhibits required by this Article. All applications for permits shall be signed by the Applicant or some representative of the Applicant having due and legal authority to enter into contracts binding upon the Applicant. (9) When more than one application is received for filming at substantially the same place and time, and the Film Commission reasonably determines that both filmings cannot logistically and/or safely occur together, the earlier or earliest of the applications that is received by the Film Commission in a substantially completed form, which includes submission of the requisite application fee, shall be given priority as to the time and place requested. The Corpus Christi Film Commission may make reasonable efforts to consult with the other applicant(s) in an attempt to find alternative times and/or locations that are acceptable. Sec. 36-85. Processing of Filming Permit Applications. (1) The Application shall include, but not be limited to, the following: (a) Filming Project Name; (b) Applicant Name, Contact Information including a valid phone number and email address, and Photo Identification; (c) Producer (or Designee's) Name and Contact Information; (d) Dates, Times and Locations of Preproduction, Filming and Wrap Activity; (e) Description of Filming Activity at each Location; Supplemental script pages, Treatments or Storyboards may be required as part of this component (f) Description of any elements that may be performed during the filming, including the dates, times and locations of each; (g) Description of any aspects of the filming, other than the elements, that may require City services; (h) Description of any assistance the Applicant may need from the Film Commission, and/or concerns the Applicant wants the Film Commission to be aware of; (i) Evidence of insurance as required in section 36-87 of this code; (j) Identification of adequate restroom facilities, waste disposal facilities and a sufficient supply of potable water to accommodate the participants during the filming activity; (k) Report listing the number of vehicles and types of equipment to be used during the filming, including proposed hours of use and proposed parking locations. Such locations will need to be specifically approved by the City so as to maintain traffic safety. On -street parking or use of public parking lots is subject to City approval. The use of exterior lighting, power generators, or any other noise or light -producing equipment requires on-site approval of the City Manager. (2) Application Time - A Filming Permit Application must be submitted to the Film Commission within the time frames below: (i) Commercials or Episodic Television. A minimum of 3 business days before the filming, or any substantial activity related to the project, begins. (ii) Feature Films. A minimum of 5 business days before the filming, or any substantial activity related to the project, begins. (3) Application Fee - All applications for Filming Permits shall be accompanied by a filing fee of twenty five dollars ($25.00). The City Manager may waive this fee upon proof of an organization's non-profit status. The Application Fee is waived for Local Film Makers if they are registered filmmakers with the Film Commission. Other fees may apply (i.e. Public Right -of -Way Blockage Permit per section 53-195 of the Code of Ordinances). Sec. 36-86. Use of City Property, Equipment and Services. (1) Required Use of City Equipment and Personnel. In completing the Filming Permit Application, the Applicant will indicate additional City Equipment or Services necessary for the public safety, health and welfare of the City. The Applicant is responsible for paying the costs incurred as a result of the production activity for use of any Police, Fire, Traffic Engineering or other City Personnel assigned to the Project (whether specifically requested by the production or not). The Film Commission will facilitate contracting for use of off-duty city personnel (police, fire or other city personnel) directly. Rates for the use of any of city equipment, including police vehicles and fire equipment, will be provided at the time of application. The City Manager may, at his/her discretion, require an advance deposit for the use of city equipment through the offices of the Film Commission. Permit Fees will be due before a Filming Permit is issued. (2) Police and Fire. The Chief of Police and/or Fire Chief shall have the authority to stipulate additional Police or Fire requirements and level of staffing at any time during the Project, if it is determined to be in the best interest of public safety, health and welfare of the City. The cost of additional staff will be borne by the applicant. (3) Traffic Engineering. It shall be the duty of each Applicant to make provisions for the safe crossing of pedestrians and the orderly movement of vehicular traffic in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD). If a street closure or traffic control is required, the Applicant shall be responsible for paying occupancy charges required by section 53-195. Traffic control plans must be obtained from a Professional Engineer licensed in the State of Texas and submitted to the City for approval. A review fee of one hundred dollars ($100.00) will be charged for the required review of traffic control plans submitted by an Applicant's consultant professional engineer. The Applicant is responsible for obtaining services for traffic control devices. (2) Use of City Property. The City Manager may authorize the use of any of city streets, rights-of-way, parks, facilities, the use of the City of Corpus Christi name, trademark or logo and/or the use of city equipment and/or personnel for commercial uses in the production of movies, television programs, commercials, or training films and related activities. In conjunction with these uses, the City Manager may require that any or all of the conditions as specified on the Filming Permit Application be met as a prerequisite to that use. (3) Fees for Use of City Property. Depending upon the extent of the use of city property, the Applicant agrees to reimburse the Film Commission for costs incurred when using City property. (4) Notification of Neighbors. The Applicant shall provide a short written description of the schedule for the proposed production to the owners, tenants and residents of each property in the affected neighborhood (as defined by boundaries set by the City Manager). The Applicant, or his or her designee, shall make a demonstrated effort to notify each owner, tenant and resident of all such property 24 hours prior to filming. Sec. 36-87. Insurance Requirements, Save Harmless and Limitation of Liability. (1) Insurance Requirements. These insurance requirements follow the Texas Film Commission's insurance requirements. The producer shall furnish the City with a certificate of insurance, naming the City of Corpus Christi and the Corpus Christi Film Commission as an additional insured, in the amounts required by the City's Risk Manager, which includes an amount not less than $1,000,000.00 general liability, including bodily injury and property damage; automobile liability (if applicable) in an amount not less than $500,000.00 including bodily injury and property damage; worker's compensation to include all participants utilized in connection with filming and related activities; and employer's liability. Any City employee who is considered by the City to be in an off-duty status and who sustains injury/illness will be covered by the Applicant's workers' compensation coverage. The City of Corpus Christi reserves the right to determine and modify insurance requirements on a case-by-case basis, taking into consideration other risk factors involved in the filming activities, including but not limited to, for example, involvement or use of alcoholic beverages, car pursuits, stunts, aircraft and/or pyrotechnics. Local film makers should contact the Corpus Christi Film Commission for information about insurance requirements. (2) Save Harmless Agreement. Applicant is required to provide a save harmless agreement in which applicant agrees to defend with counsel approved by City, pay and save harmless the City, its officers and employees from any and all claims or lawsuits for personal injury or property damage arising from or in any way connected to the filming; excepting any claims arising solely out of the negligent acts of the City, its officers and employees. The Applicant agrees to pay in full, within 30 days upon receipt of an invoice, the costs of repair for any and all damage to public or private property resulting from or in connection with the filming activities and film production, and to restore the property to its original, or better than original, condition prior to the production. Film Producer/Applicant will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed. (3) Limitation of Liability. This ordinance shall not be construed as imposing upon the City or its officials or employees any liability or responsibility for any injury or damage to any person in any way connected to the use for which permits have been issued. The City and its officials and employees shall not be deemed to have assumed any liability or responsibility by reasons of inspections performed, the issuance of any permit or the approval of any use of the right-of-way. Sec. 36-88. Sanitation and Clean-up. A Filming Permit may be issued only after adequate waste disposal facilities have been identified and obtained by applicant. Applicant may be required to utilize City signage addressing litter and recycling. Such signage must be returned to the City at the end of the event. Applicant will clean the right-of-way of rubbish and debris, returning it to its pre - activity condition, within 24 hours of the conclusion of the filming activity. If the applicant fails to clean up such refuse, such clean up shall be arranged by the City and the cost charged to applicant." SECTION 3. That the Corpus Christi Convention and Visitors Bureau is declared to be the Corpus Christi Film Commission, effective immediately. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 7. This ordinance takes effect 30 days after official publication. 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 tDRFUE CHRIS T1 AARK5 i4CC9EATIEI11 Film Ordinance Establishing a Film Commission Council Presentation C®RPUSCHRISTI August 11, 2015 FILM COMMISSION g coit•y HISSIONRISTI Film Ordinance FILM COMM Background • Corpus Christi film history • Major motion pictures • Small local films • Commercial • No centralized hub for shepherding filmmakers • Investigating a film ordinance for last four years • Rep. Todd Hunter hosted two film summits regionally • Connected Texas Film Commission with CVB and local filmmakers coRPuscHRlsTI Film Ordinance FILM COMMISSION cowwus CHRISTI PARtcs, Ordinance • Designates the CVB as the Corpus Christi Film Commission • Establishes a $25 film permit fee • Local filmmakers would have permit fee waved if they register with the Film Commission • Coordination with City's Special Event Program Manager • CVB manage payment to City for any fees and services • Effective date: October 1 Application Process • Online app hosted by CVB • Review and approval process similar to Special Event permit process • CVB will host training and education sessions for online app and process to help local filmmakers coRPusCHRISTI Film Ordinance FILM CQMMISSION Benefits • Establishes a coordinated process for dealing with requests to film in community • CVB can begin marketing effort to target the film, television and emerging technology industries • Formalize industry connection to local film makers and professionals • Corpus Christi would be included in a national & international database of municipalities that provide these types of services 4 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 25, 2015 Second Reading for the City Council Meeting of September 8, 2015 DATE: July 6, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Closing an undeveloped and unsurfaced public right-of-way, located west Airline Road and north of Empire State Drive. CAPTION: Ordinance abandoning and vacating an undeveloped and unsurfaced 5,445.00 -square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts and requiring the owner, MPM Development, LP to comply with specified conditions. PURPOSE: The purpose of this item is to abandon and vacate a portion of a public right-of-way to align the public right of way in conjunction with the Bordeaux Place Unit 4 plat. BACKGROUND AND FINDINGS: MPM Development, LP (Owner) is requesting the abandonment and vacation of an undeveloped and unsurfaced 5,445.00 -square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located west Airline Road and north of Empire State Drive. The abandonment and vacation of the undeveloped public street right-of-way is being requested in conjunction with the development of the Bordeaux Place Unit 4 plat. Staff recommends that payment of the fair market value be waived because City Code, Sec. 49- 12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. The Owners have been advised of and concur with the conditions of the public street right-of-way abandonment and vacation ordinance. ALTERNATIVES: Denial of the street closure. This will, however, adversely impact the Owner's ability to move forward with future development or sale of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The conditions of the ordinance are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities within the dedicated 20 -foot wide public street right-of-way, or objections regarding the proposed public right-of-way abandonment. 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 Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the ordinance. Owner must comply with the following conditions: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. A 60 FT wide Drainage easement is dedicated within 180 days of City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating an undeveloped and unsurfaced 5,445.00 - square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts and requiring the owner, MPM Development, LP to comply with specified conditions. WHEREAS, MPM Development, LP ("Owner") has requested the abandonment and vacation of an undeveloped and unsurfaced 5,445.00 -square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts. WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, August 25, 2015, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the subject portion of the undeveloped and unsurfaced 5,445.00 -square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of MPM Development, LP ("Owner"), an undeveloped and unsurfaced 5,445.00 -square foot portion (0.125 acres) of public right- of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located west Airline Road and north of Empire State Drive public street right-of-way, as recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. A 60 FT wide utility easement is dedicated within 180 days of City Council approval. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy 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 Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary day of , 20 Nelda Martinez Mayor MURRAY BAss, JR., P.E.,R.P.LS. 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 Road Closure STATE OF TEXAS § COUNTY OF NUECES 3054 S. ALAMEDA, ZIP 78404 361 882-5521-- FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmw@aol.com January 14, 2015 03026-M&B-Closure.doc Description of a 0.125 acre tract of land, more or Iess, for road closure, a portion of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Page 41 — 43, Map Records, Nueces county, Texas, said 0.125 acre tract is also a part of a 60' road right-of- way described by instrument recorded at Volume 1676, Page 452, Deed Records of said county, said 0.125 acre tract of land for road closure as further described by metes and bounds as follows: BEGINNING at a point in the northeast right-of-way line of said 60' road right-of-way for the easternmost or southeast corner of the tract herein described and which bears S61°00'00"E 13.78' and S29°00'00"W 200.46' from the southernmost corner of Lot 16, Block 2, Bordeaux Place Unit 1, a map of which is recorded in Volume 61, Pages 179 — 181, said map records, said beginning point being in the arc of a circular curve to the left having a central angle of 44°17'30", a radius of 200.00' and a chord bearing N83°08'45"W a distance of 150.79'; THENCE along the arc of said circular curve to the left a distance of 154.61' to the point of curvature of a circular curve to the right having a central angle of 22°10'22", a radius of 15.00' and a chord bearing S85°47'41"W a distance of 5.77'; THENCE along the arc of said circular curve to the right a distance of 5.80' to a point for south central corner of the tract herein described in the southwest right-of-way Iine of said 60' road right-of-way; THENCE N61°00'00"W 11.30' along said southwest right-of-way line of 60' road right-of-way to a point for south central corner of the tract herein described in the arc of a curvature of a circular curve to the right having a central angle of 21°02'14", a radius of 15.00' and a chord bearing N28°21'45"W a distance of 548'; THENCE along the arc of said circular curve to the right a distance of 5.51' to the point of tangency; THENCE N17°50'38"W 83.40' to a point in said northeast right-of-way line of 60' road right-of-way for the northwest corner of the tract herein described; THENCE along said northeast right-of-way line of 60' road right-of-way S61°00'00"E 221.24' to the POINT OF BEGINNING, a sketch showing said 0.125 acre tract of land for road closure being attached hereto as Exhibit "B". Nixon M. Welsh, R.P.L.S. EXHIBIT "A" Page 1 of 1 CITY PARK 0 A,p°c 4'6°74 D=44. 17' 30' R=200. 00' T=81. 40' L=154. 61' CB=N83' 08' 45' W CH=150. 79' 12 i BORDEAUX PLACE UNIT 1, V. 61, P. 179 - 181, 13 14 15 STREET CLOSURE TRACT, 0. 125 AC. D=22. 10' 22' R=15. 00' T=2. 94' L=5. 80' CB=585.47' 41' W CH=5. 77' N17° 50' 38' W 83. 40' D=21.02' 14' R=15. 00' T=2. 79' L=5. 51' CB=N28' 21' 45' W CH=5. 48' BLK 2, M. R. I 16 S61° 00' 00' E 13. 78' S61. 00' 00' E 221. 24' e 0 0 / a 17 0' ROAD ROW, V. 1676, P. 452, D. R. N61° 00' 00' W 11. 30' 0 50' 100' 200' SCALE: 1'= 100' EXHIBIT 'BR SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION I' =100' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: D03-STR CLOSURE, JOB NO. 03026, SCALE: 1" = 100' PLOT SCALE: SAME, PLOT DATE: 1/14/15, SHEET 1 OF 1 I- 0 A 9�� Y LA D _I�`P� \ -c;,9-, z ¢ o o <�F`�Ot� �O�S�P� f 913 /0 �G 1 23 BR❑CKHAMPT❑N ST. STREET TO BE CLOSED, A P❑RTI❑N OF A DEDICATED/N❑T w CONSTRUCTED STREET z w z 0 PA 0 500' 1000' 2000' SCALE: 1"= 1000' BROOKE RD. EMPIRE STATE DR. CENTRAL P RK DR. WALL ST. A 0 z L❑CATI❑N MAP STREET ROW TO BE CLOSED IN PROPOSED BORDEAUX PLACE UNIT 4 =1000' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ROAD CLO LOC MAP, JOB NO. 03026, SCALE: 1" = 1000' PLOT SCALE: SAME, PLOT DATE: 7/6/15, SHEET 1 OF 1 BORDEAUX PLACE UNIT 4 STREET CLOSURE gig r Bordeaux Place Unit 4 Street Closure COD 'y d' �pRiVFRio- O MAIN O <RpgRp IH 37 /.� • HWY44 BEAR 1- 9 17 7 Vicinity Map O r a �� 9��0 CR 28 U CR 26 T '9 �� T FM 43 SgRgTO �� OCEgN �Z �� �P FM 665 , , Gq ¢ Z .n 'n r AP ' O �O J ✓ • m c� OS O O 0 ▪ c� _Z v rn CR 14 v = Y �� C?J cc 0 CR 12 a WHITECAP FM 70 : WINN BORDEAUX PLACE UNIT 4 STREET CLOSURE 3201 Bordeaux Place Unit 4 Street Closure • 3226 3230 3234 ODIB 1/13? Up '�FR v 4& -Op ..4- 9 2 '4/20 IH 37 2 LL HWy44 BEAR o 7(y,, 0 0 a (u F0 U CR 26 C 9 CR28 v MAI N Vicinity Map FM 43 SAigTO ‘9� OC'AN i'T k� 47 FM 665 Qi P e m F 0 0 N USO $k UJ CR 14 U Y -v UJ CC x 0 CR 12 v WHITECAP FM 70 WINN AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 25, 2015 Second Reading Ordinance for the City Council Meeting of September 8, 2015 DATE: TO: August 12, 2015 Ronald L. Olson, City Manager FROM: Mark Van Vleck, Executive Director of Utilities MarkV@cctexas.com (361) 826-1874 Eddie Houlihan, Assistant Manager, Office of Management and Budget EddieHo@cctexas.com (361) 826-3792 Ordinance Adjusting Water, Wastewater and Gas Rates CAPTION: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas, and wastewater rates; providing for publication and effective date of January 1, 2016. PURPOSE: To amend the Code of Ordinances for the revision of Water, Wastewater and Gas rates. BACKGROUND AND FINDINGS: The Proposed FY 2015-2016 Budget includes estimates of revenues generated from increased fees and rates and new fee/rates necessary to fund specific projects and/or cover existing operating costs. ALTERNATIVES: Council may choose not to amend the Code of Ordinances. OTHER CONSIDERATIONS: These rates will remain in place for next Fiscal Year. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON -EMERGENCY: This item requires two readings. The second reading will be at the regular September 8, 2015 City Council meeting. DEPARTMENTAL CLEARANCES: Water, Wastewater, Gas FINANCIAL IMPACT: ❑ Operating 0 Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 25,621,427 25,621,427 BALANCE 25,621,427 25,621,427 Fund(s): Comments: Rate changes and/or consumption changes will generate estimated additional revenue of $21,349,514 for Water, $3,956,714 for Wastewater and $315,199 for Gas. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas, and wastewater rates; providing for publication and effective date of January 1, 2016 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-50 of the Code of Ordinances regarding water rates is revised with new rates as shown in underlined text below to be effective on January 1, 2016. "Sec. 55-50. - Schedule. (a) Base rates for water service. The rates for water service are as follows: (1) Monthly minimum charges. a. Metered treated water customers. 1. Inside city limits ("ICL"): Meter Size (Inches) Effective Octobcr 1, 2011 January 1, 2016 l Residential 5/8—% Commercial 5/8—% Residential and Commercial $ 9.33 $12.14 13.47 12.14 1 20.21 18.21 11/2 2 3 33.69 30.35 67.37 60.70 107.78 97.12 C:\Users\G RAN I C^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@ BCL@4406 E39A\@ BCL@4406 E39A.docx 2 4 215.59 194.24 6 336.85 303.50 8 and larger 673.69 607.00 Large Volume Any size 17,510.00 22,784.00 Temporary construction 18.21 1 20.21 11/2 33.69 30.35 2 67.37 60.70 2. Outside city limits ("OCL"): Meter Size (Inches) Effective Octobcr 1, 2014 January 1, 2016 l Residential 5/8—% Commercial $ 11.20 14.57 5/8—% 16.16 14.57 Residential and Commercial 1 11/2 24.25 21.85 /10/3 36.42 C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 3 2 X472.84 3 129.34 116.54 4 258.71 233.09 6 '101.22 364.20 728.40 8 and larger 508.13 Large Volume Any size 29,216.00 38,015.00 Temporary construction 1 24.25 21.85 11/2 10.13 36.42 2 X472.84 b. Untreated water customers. Effective Octobcr 1, 2014 Januar 2016 Minimum monthly service charge, water districts/ municipalities with raw water supply contracts executed after January 1, 1997 $417.99 Minimum monthly service charge for public agency for resale untreated water without a raw water supply contract executed after January 1, 19971 254.57 C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 4 Minimum monthly service charge, industrial Minimum monthly service charge, domestic Minimum annual service charge, domestic Minimum monthly service charge, agricultural irrigation water service Minimum monthly service charge, temporary construction water service 117.99 436.88 13.92 14.55 139.32145.62 208.85 218.29 278.'16 291.05 Minimum monthly service charge, temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority 1,607.00 1679.64 'Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $254.57, the customer shall be billed $254.57, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. c. Blended water customers. Effective Octobcr 1, 201'1 January 1, 2016 Any size $29,216.00 36,280.00 (2) Monthly volume charges per 1,000 gallons. a. Residential rate. 1. Inside city limits: Effective C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 5 Octobcr 1, 2014 January 1, 2016 First 2,000 Gallons Minimum* Next 4,000 Gallons Next 4,009 9,000 Gallons Ncxt 5,000 Over 15,000 Gallons $1.751 6.07 5.939 6.980 6.829 7.59 Ncxt 15,000 Gallon:, 8.311 Ncxt 20,000 Gallon:, Ncxt 50,000 Gallons 10.095 10.986 Ovcr 100,000 Gallon:, 11.877 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective Octobcr 1, 2014 January 1, 2016 1 First 2,000 Gallons Minimum* Next 4,000 Gallons Next 4,009 9,000 Gallons Ncxt 5,000 Over 15,000 Gallons Ncxt 15,000 Gallon Ncxt 20,000 Gallons $2.028 /34 2.535 2.92 2.915 3.65 3.519 —4.310 C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Ncxt 50,000 Gallon:, 4.690 Ovcr 100,000 Gallon:, 5.070 *Use the minimum charges in subsection (a)(1). b. Commercial rate. 1. Inside city limits: 6 Effective Octobcr 1, 2011 January 1, 2016 First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Minimum* $5.672 6.781 Effective Octobcr 1, 2011 January 1, 2016 7 First 2,000 Gallons Minimum* Over 2,000 Gallons $3.086 3.012 *Use the minimum charges in subsection (a)(1). c. Golf course and athletic field irrigation water inside city limits. Effective Octobcr 1, 2014 January 1, 2016 1 C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx First 2,000 Gallons Over 2,000 Gallons 7 Minimum* $3.106 3.092 *Use the minimum charges in subsection (a)(1) for ICL customer. d. Residential irrigation water on separate meter. 1. Inside city limits: Meter Size (Inches) Effective Octobcr 1, 2011 January 1, 2016 l f First 2,000 Gallons Minimum* Ncxt 15,000 Over 2000 Gallons $ 8.311 7.59 Ncxt 20,000 Gallon:, 10.095 Ncxt 50,000 Gallon:, 10.986 Ovcr 87,000 Gallon:, 11.877 2. Outside city limits Meter Size (Inches) Effective Octobcr 1, 2014 January 1, 2016 l First 2,000 Gallons Minimum* Ncxt 15,000 Over 2000 Gallons $3.519 3.65 Ncxt 20,000 Gallons 1.310 Ncxt 50,000 Gallon:, 4.690 C:\Users\G RAN I C^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@ BCL@4406 E39A\@ BCL@4406 E39A.docx 8 Ovcr 87,000 Gallon:, 5.070 e. Resale treated water rates. 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: Effective October 1, 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $1.253 *Use the minimum charges in subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: -71 Effective October 1, 2014 First 2,000 Gallons Minimum* Over 2,000 Gallons $1.914 *Use the minimum charges in subsection (a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 9 commercial customer may not elect to become a large volume treated water customer more than once in any twelve-month period. 1. Inside city limits: Effective Octobcr 1, 2014 January 1, 2016 1 First 10,000,000 Gallons Each Additional 1,000 Gallons Minimum* $44EO 5.686 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective Octobcr 1, 2011 January 1, 2016 First 10,000,000 Gallons Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1). g. Minimum* $1.91'1 1.998 Large volume blended water customers. A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a large volume blended water customer. 1. Inside city limits: Effective Octobcr 1, 2011 January 1, 2016 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $2.677 $3.628 C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 1 10 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective Octobcr 1, 2014 January 1, 2016 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1). 3. Peaking factor. [To be determined.] h. Temporary water service. 1. Treated water. A. Inside city limits: $0.111 $0.127 Effective Octobcr 1, 2014 January 1, 2016 First 2,000 Gallons Over 2,000 Gallons Minimum* $5.672 6.781 *Use the minimum charges in subsection (a)(1). B. Outside city limits: Effective Octobcr 1, 2014 January 1, 2016 First 2,000 Gallons Minimum* C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 11 Over 2,000 Gallons $3.086 3.012 *Use the minimum charges in subsection (a)(1). 2. Untreated water. A. Inside city limits: Effective Octobcr 1, 2011 January 1, 2016 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA *Use the minimum charges in subsection (a)(1). B. Outside city limits: Effective Octobcr 1, 2011 January 1, 2016 First 2,000 Gallons Minimum* Over 2,000 Gallons 1 1 2 x RWCA *Use the minimum charges in subsection (a)(1). i. Agricultural irrigation water outside city limits. Effective Octobcr 1, 2011 January 1, 2016 1 First 2,000 Gallons Minimum* C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Over 2,000 Gallons 2 x RWCA *Use the minimum charges in subsection (a)(1). J. 12 Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. k. Temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority. Effective Octobcr 1, 2011 January 1, 2016 First acre foot or fraction thereof Minimum* Over acre foot $1,155.00 1206.98 per acre foot or fraction thereof *Use the minimum charges in subsection (a)(1). (b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)g. of this section.) The RWCA will be based on projected system -wide raw water sales, adjusted for water losses. The RWCA will be calculated on an annual basis every odd -numbered year no later than October 1 to be effective the following January of even -numbered years using the adopted utility rate model. , according to the following procedures: Two subsequent years' RWCA will be calculated according to the following procedures, C:\Users\G RAN I C^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@ BCL@4406 E39A\@ BCL@4406 E39A.docx 13 and then an average rate determined which will yield raw water required revenues over a two-year period. (1) Use projected system -wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) Include budgeted expenditures for purchases of water. (4) Include purchases of water rights, amortized over the duration of the water right agreement. (5) Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half-year convention used in the year of acquisition. (6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. (9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. (7) (10)Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the C:\Users\G RAN I C^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@ BCL@4406 E39A\@ BCL@4406 E39A.docx 14 reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) (11)Include funds necessary to collect 1.35 times coverage on current annual debt service in order to improve the financial position and bond ratings of the city's water fund. (12)Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. (13)Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). (14)Include funds necessary to establish and maintain a future water resources reserve fund (Water Supply Development Reserve) with an ultimate target balance of thirty million dollars ($30,000,000.00), and an annual contribution of approximately two million dollars ($2,000,000.00) per fiscal year. Revenue from this Water Supply Development Reserve will be deposited into a fund set aside for this purpose. (15)The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. (16)At fiscal ycar end, 4Determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold for the prior two years. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the RWCA. (c) Definitions. Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the city's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: Construction, including debt service, operation, and maintenance of dams and reservoirs. Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. Construction, including debt service, operation, and maintenance of wells. C:\Users\G RAN I C^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@ BCL@4406 E39A\@ BCL@4406 E39A.docx 15 Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. (d) The raw water cost adjustment shall be calculated on an annual basis for those lame volume wholesale customers with contracts containing such provisions." (Ord. No. 9472, 8-27-1969; Ord. No. 11613, 8-8-1973; Ord. No. 12208, §§ 1, 2, 8-7-1974; Ord. No. 14140, §§ 1-3, 1-25-1978; Ord. No. 16446, §§ 1, 2, 8-12-1981; Ord. No. 16593 § 1, 10-14- 1981; Ord. No. 17166, §§ 1-3, 7-28-1982; Ord. No. 17762, §§ 1, 2, 8-3-1983; Ord. No. 18351, §§ 1, 2, 7-24-1984; Ord. No. 18587, §§ 1, 2, 12-4-1984; Ord. No. 20411, §§ 1, 2, 7-26-1988; Ord. No. 21001, § 1, 10-9-1990; Ord. No. 21438, §§ 1-4, 7-21-1992; Ord. No. 21814, § 1(a) - (c), 12-14-1993; Ord. No. 22741, § 1, 11-12-1996; Ord. No. 22832, § 1, 1-28-1997; Ord. No. 22879, § 1, 3-25-1997; Ord. No. 23706, § 1, 7-20-1999; Ord. No. 23910, § 1, 1-11-2000; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § la, 7-24-2001; Ord. No. 24969, § 1, 7-23-2002; Ord. No. 25386, § 1, 7-22-2003; Ord. No. 025866, § 1, 7-27-2004; Ord. No. 026368, § 1, 7-26- 2005; Ord. No. 026900, § 1, 7-25-2006; Ord. No. 027355, § 1, 7-24-2007; Ord. No. 027781, § 1, 7-22-2008; Ord. No. 028256, § 1, 7-28-2009; Ord. No. 028686, § 1, 7-20-2010; Ord. No. 029158, § 1, 7-26-2010; Ord. No. 029386, § 1, 2-28-2012; Ord. No. 029584, § 1, 7-31-2012; Ord. No. 029917, § 1, 7-30-2013; Ord. No. 030242, § 2(Exh. A), 7-29-2014; Ord. No. 030295, § 1, 9-23-2014) SECTION 2. Section 55-61 of the Code of Ordinances regarding gas rates is revised with new rates as shown in underlined text below to be effective on January 1, 2016. "Sec. 55-61. - Classification of customers and schedules of rates. C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 16 (a) Residential customers. (1) Inside city limits: a. Winter rates (from November Cycle 11 through April Cycle 10). Note: Rates do not include purchased gas adjustment and sales tax, where applicable. b. Summer rates (from April Cycle 11 through November Cycle 10). Monthly Consumption Rate per MCF Effective Octobcr 1, 201l1January 1, 2016 Meter Charge First 1 MCF (Minimum Bill) $1.25$1.27 10.1910.38 Next 2 MCF 5.705.81 C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Rate per MCF Monthly Consumption Effective Octobcr 1, 2011January 1, 2016 Meter Charge $1.25$1.27 First 1 MCF (minimum bill) 10.1910.38 Next 2 MCF 5.705.81 Next 3 MCF 3.303.36 Next 4 MCF 3.203.26 Next 20 MCF 3.113.17 Next 20 MCF 2.662.71 All over 50 MCF 2.212.25 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. b. Summer rates (from April Cycle 11 through November Cycle 10). Monthly Consumption Rate per MCF Effective Octobcr 1, 201l1January 1, 2016 Meter Charge First 1 MCF (Minimum Bill) $1.25$1.27 10.1910.38 Next 2 MCF 5.705.81 C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 17 Next 3 MCF 3.303.36 Next 4 MCF —24-82.53 Next 20 MCF 1.661.69 Next 20 MCF 1.621.65 All over 50 MCF 1.'171.50 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: a. Winter rates (from November Cycle 11 through April Cycle 10). Monthly Consumption Rate per MCF Effective Octobcr 1, 2011January 1, 2016 Meter Charge X58$1.53 First 1 MCF (minimum bill) Next 2 MCF 12.5712.80 6.386.50 Next 3 MCF 3.703.77 Next 4 MCF 3.553.66 Next 20 MCF 3.'153.56 Next 20 MCF 2.973.03 All over 50 MCF 2/172.52 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 18 b. Summer rates (from April Cycle 11 through November Cycle 10). Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (b) General rate customers (commercial, industrial, and institutional rates): (1) Inside city limits: Rate per MCF Monthly Consumption Effective Octobcr 1, 201l1January 1, 2016 Meter Charge $16.00$16.30 First 1 MCF (minimum bill) Next 2 MCF 10.1 310.62 5.705.81 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Rate per MCF Monthly Consumption Effective Octobcr 1, 201l1January 1, 2016 Meter Charge X50$1.53 First 1 MCF (minimum bill) 12.5712.80 Next 2 MCF 6.386.50 Next 3 MCF 3.703.77 Next 4 MCF 2.772.82 Next 20 MCF 1.861.89 Next 20 MCF 1.811.84 All over 50 MCF 1.651.68 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (b) General rate customers (commercial, industrial, and institutional rates): (1) Inside city limits: Rate per MCF Monthly Consumption Effective Octobcr 1, 201l1January 1, 2016 Meter Charge $16.00$16.30 First 1 MCF (minimum bill) Next 2 MCF 10.1 310.62 5.705.81 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 19 Next 3 MCF 5.325.42 Next 4 MCF 5.235.33 Next 40 MCF 5.125.22 Next 50 MCF 2.212.25 Next 100 MCF X41.87 Next 100 MCF 1.621.65 Next 700 MCF 1.5'11.57 Next 1,000 MCF 1.331.35 Next 13,000 MCF 1.201.22 All over 15,000 MCF 1.111.16 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: Monthly Consumption Rate per MCF Effective Octobcr 1, 2011January 1, 2016 Meter Charge $1$19.44 First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF 12.8513.09 6.386.50 Next 4 MCF 5.966.07 5.865.97 C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 20 Next 40 MCF 5.7'15.85 Monthly Consumption Next 50 MCF 2./172.52 $ 1.25$1.27 Next 100 MCF 2.062.10 16.9117.23 Next 100 MCF 1.811.84 15.2715.56 Next 700 MCF 1.731.76 11.2611.47 Next 1,000 MCF —1441.52 Next 13,000 MCF 1.311.37 All over 15,000 MCF 1.281.30 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (c) Seasonal customers (partial year service) rates. (All customers who have requested a cutoff and re- connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the premises, shall be classified as seasonal customers, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas furnished and delivered to the meters by the gas department of the city): (1) Inside city limits: C:\Users\G RANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Rate per MCF' Effective Octobcr 1, 2011January 1, 2016 Monthly Consumption Meter Charge $ 1.25$1.27 First 1 MCF (minimum bill) 16.9117.23 Next 2 MCF 15.2715.56 Next 3 MCF 11.2611.47 C:\Users\G RANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 21 Next 4 MCF 7.267A0 Monthly Consumption Next 30 MCF 3.113.17 Meter Charge Next 20 MCF 2.662.71 20.3120.69 All over 50 MCF 2.212.25 17.0917.41 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (d) Incentive air cooling and conditioning rate customers rates. (Limited to customers using less than fifteen thousand (15,000) MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Rate per MCF Monthly Consumption Effective Octobcr 1, 2011January 1, 2016 $ 1.50$1.53 Meter Charge First 1 MCF (minimum bill) 20.3120.69 Next 2 MCF 17.0917.41 Next 3 MCF 12.6112.85 Next 4 MCF 8.138.28 Next 20 MCF 3.'193.56 Next 20 MCF 2.973.03 All over 50 MCF 2.'172.52 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (d) Incentive air cooling and conditioning rate customers rates. (Limited to customers using less than fifteen thousand (15,000) MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 22 have an average used in MCF per month in the seven (7) summer months that exceeds the five (5) winter months in average use, when inspected and approved by the gas department, who request in writing to be billed in the summer months on the summer incentive gas rate schedule starting with Cycle 11 in April and ending with the billing Cycle 10 in November shall be billed on the following rate schedule): (1) Inside city limits: Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Rate per MCF Monthly Consumption Effective Octobcr 1, 201'1January 1, 2016 Meter Charge $16.00$16.30 First 1 MCF (minimum bill) 10/1310.62 Next 2 MCF 5.705.81 Next 3 MCF 5.325.42 Next 4 MCF '1.621.71 Next 40 MCF 3.903.97 Next 150 MCF 1.661.69 Next 100 MCF 1.5'11.57 Next 700 MCF 1.331.35 Next 1,000 MCF 1.201.22 Next 13,000 MCF 1.1'11.16 All over 15,000 MCF 1.031.11 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 23 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (e) Purchased gas adjustment (PGA). The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the city following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and gas loss and unaccounted-for factors. Additional fees and charges paid to the supplier, which are necessary for the city to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over fifteen thousand (15,000) MCF in one (1) month, and who receive gas from the city's distribution system at the same pressure base at which the city receives the gas from its supplier (14.65 psi), shall be billed 2.05 per cent less per MCF for purchased gas adjustment than the general customer rate schedule. C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Rate per MCF Monthly Consumption Effective Octobcr 1, 2011January 1, 2016 Meter Charge $19.08$19.44 First 1 MCF (minimum bill) 12.8513.09 Next 2 MCF 6.386.50 Next 3 MCF 5.966.07 Next 4 MCF 5.18528 Next 40 MCF 1.371.45 Next 150 MCF X61.89 Next 100 MCF 1.731.76 Next 700 MCF X491.52 Next 1,000 MCF 1.3'11.37 Next 13,000 MCF 1.281.30 All over 15,000 MCF 1.221.24 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (e) Purchased gas adjustment (PGA). The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the city following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and gas loss and unaccounted-for factors. Additional fees and charges paid to the supplier, which are necessary for the city to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over fifteen thousand (15,000) MCF in one (1) month, and who receive gas from the city's distribution system at the same pressure base at which the city receives the gas from its supplier (14.65 psi), shall be billed 2.05 per cent less per MCF for purchased gas adjustment than the general customer rate schedule. C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx (f) 24 Interruptions. Deliveries of gas to commercial or industrial customers may be interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from any cause whatsoever, to conserve gas for residential and other human need customers served hereunder, according to all mandatory orders of governmental agencies having jurisdiction. " (Code 1958, §§ 38-46, 38-47; Ord. No. 8552, § 1, 8-2-1967; Ord. No. 9685, § 1, 3-25-1970; Ord. No. 9812, § 1, 6-24-1970; Ord. No. 9883, § 2, 8-12-1970; Ord. No. 11614, § 1, 8-8-1973; Ord. No. 11755, § 1, 10-24-1973; Ord. No. 11867, § 1, 1-9-1974; Ord. No. 12210, § 1, 8-7-1974; Ord. No. 15043, § 1, 8-8-1979; Ord. No. 15701, §§ 1, 3, 8-13-1980; Ord. No. 15950, §§ 1, 3, 12-24- 1980; Ord. No. 16451, § 1, 8-12-1981; Ord. No. 16582, § 1, 10-7-1981; Ord. No. 17155, §§ 1, 2, 4, 7-28-1982; Ord. No. 17761, §§ 1, 2, 4, 8-3-1983; Ord. No. 18939, §§ 1, 2, 4, 7-23-1985; Ord. No. 21001, § 1, 10-9-1990; Ord. No. 21439, § 1, 7-21-1992; Ord. No. 21814, § 1(d), 12-14- 1993; Ord. No. 23706, § 1, 7-20-1999; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § lc, 7- 24-2001; Ord. No. 24969, § 4, 7-23-2002; Ord. No. 25396, § 4, 7-22-2003; Ord. No. 025866, § 3, 7-27-2004; Ord. No. 026368, § 3, 7-26-2005; Ord. No. 026900, § 3, 7-25-2006; Ord. No. 027355, § 3, 7-24-2007; Ord. No. 027781, § 5, 7-22-2008; Ord. No. 028256, § 3, 7-28-2009; Ord. No. 028688, § 1, 7-20-2010; Ord. No. 029917, § 3, 7-30-2013; Ord. No. 030242, § 3(Exh. A), 7-29-2014; Ord. No. 030295, § 3, 9-23-2014) SECTION 3. Section 55-64 of the Corpus Christi Code of Ordinances regarding compressed natural gas rates is revised with new rates as shown in underlined text below to be effective on January 1, 2016. "Sec. 55-64. - Classification of customers and compressed natural gas rates. (a) Compressed natural gas rates. (1) The director shall prepare the rates for the sale of compressed natural gas. (2) The rates shall be based on the sum of: a. The compression charge, b. The distribution charge, c. The commodity charge [refer to subsection 55-61(e) PGA], d. Federal tax, and e. State tax. (b) Retail and consumer rates. The rate categories at which compressed natural gas shall be set are as follows: (1) Wholesale. Consumers who own or operate a fleet of more than ten (10) vehicles may purchase compressed natural gas at a reduced wholesale rate. (2) Retail. All other consumers may purchase compressed natural gas at the retail rate. C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 25 (c) Periodic rate gas adjustment. The director shall adjust the rates on a periodic basis with city council approval. Adjustment of rates will be based on annual reviews of the compression charge based on the city's cost to compress the natural gas for sale and/or the distribution charge based on the city's cost to distribute natural gas for sale. (d) Commodity charge. The director shall adjust the commodity charge based on the purchased gas adjustment as provided in subsection 55-61(e) PGA. (e) Current rate schedule. CNG Service Wholesale (>10 Vehicles) Service Component Current Price $/MCF Current Price $/Gasoline Gallon Equivalent Compression Charge 0.97 0.99 0.12 Distribution Charge 1.05 1.07 0.13 Commodity Charge (changes monthly based on PGA) 5.31 0.64 Federal Tax (if applicable) 1.52 0.18 State Tax (if applicable) 1.25 0.15 Total Charge 10.1010.14 1.211.22 CNG Service Wholesale (<10 Vehicles) Service Component Current Price $/MCF Compression Charge 0.97 0.99 Current Price $/Gasoline Gallon Equivalent 0.12 Distribution Charge 1.'15 1.48 0.17 Commodity Charge (changes monthly 5.31 0.64 C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 26 based on PGA) Effective Octobcr 1, 2011 January 1, 201: Federal Tax (if applicable) 1.52 0.18 State Tax (if applicable) 1.25 0.15 Total Charge 10.5010.55 1.26 Outside city limits One -family minimum monthly charge (first 2,000 gallons) (Ord. No. 024067, § 1, 6-20-2000; Res. No. 029538, 6-26-12; Ord. No. 030295, § 3, 9-23-2014) SECTION 4. Section 55-100 of the Corpus Christi Code of Ordinances regarding wastewater rates is revised with new rates as shown in underlined text below to be effective on January 1, 2016. "Sec. 55-100. - Schedule. (a) The monthly charge to be paid by users of sewer service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount of water used by the user according to the following rates: Classification Effective Octobcr 1, 2011 January 1, 201: Inside city limits One -family minimum monthly charge (first 2,000 gallons) $ 29.23 34.03 Inside city limits One -family per 1,000 gallons over 2,000 5.75 6.69 Inside city limits One -family maximum monthly charge (up to 25,000 gallons) 161.48 187.90 Outside city limits One -family minimum monthly charge (first 2,000 gallons) 37.36-12.54 C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 27 Outside city limits One -family per 1,000 gallons over 2,000 Outside city limits One -family maximum monthly charge (up to 25,000 gallons) Inside city limits Commercial minimum monthly charge (first 2,000 gallons) Inside city limits Commercial per 1,000 gallons over 2,000 Outside city limits Commercial minimum monthly charge (first 2,000 gallons) Outside city limits Commercial per 1,000 gallons over 2,000 12.76 14.85 330.84 384.09 39.53 /16.02 444-4.79 50.23 57.53 8.23 9.59 (b) The amount of water used to compute the monthly bills to one -family residential customers shall be computed every two years on the basis of the "winter average" or "interim average" that is calculated under this subsection. (1) Definitions. a. Winter averaging wastewater charge period: The period of water and wastewater service during the three (3) complete consecutive reading periods commencing on or after December 1 of each even -numbered year. b. Winter average usage: The monthly wastewater usage established by the city during the "winter averaging wastewater charge period" based upon their average monthly water consumption during that period. c. Interim average: The monthly wastewater usage established by the city for individual customers who have not established a "winter average usage". The "interim average" is rccalculatcd cach ycar based on the total "winter 3,000 gallons per month, and is be the basis for monthly billings until a "winter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service area: The geographic region served by the city's wastewater system. C:\Users\G RAN I C^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@ BCL@4406 E39A\@ BCL@4406 E39A.docx 28 (2) Winter average criteria. a. The customer must receive wastewater service at one (1) location during the three (3) consecutive reading periods in order to establish a "winter average usage". b. "Winter average usage" charges shall apply to one -family residential customers only. c. The "winter average usage" shall be based on a customer's average water consumption for three (3) complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each even -numbered year. d. The following method will be used to calculate a customer's "winter average usage": 1. Add the three (3) winter months' water consumption to get total water consum ption. 2. Divide three-month usage amount by three (3) to get winter average usage. Such winter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. e. Using the winter average usage, apply the applicable rates established in subsection (a) to calculate the customer's wastewater bill for each month until a new winter average usage is established or rates are changed. The adjusted rate that applies to service after August 31 December 31 will reflect wastewater usage based on the previous "winter averaging wastewater charge period". f. New and relocating customers; adjustments: 1. Customers new to the service area, who have not established a "winter average", shall be billed at the "interim average" rate. 2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their "winter average" rate at the previous address, whichever is less. 3. Customers who are relocating within the service area, who have not established a "winter average" at their previous address, shall be billed at the "interim average" rate. 4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter average charge period, and if the customer can produce proof of repairs, the director of finance or the director's designee may adjust the wastewater bill. (3) Administrativc changc in ratcs. C:\Users\G RAN I C^'1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@ BCL@4406 E39A\@ BCL@4406 E39A.docx 29 a. The city manager shall annually, based upon the winter average wastewater usage determined during the winter averaging wastewater charge period, adjust the rate in the new fiscal year applied to each produce an amount equal to the budgctcd revenues. the utility rate model for determining wastewater rates, the adopted data. A difference of at least two (2) per cent shall be considered material. (c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index, two hundred fifty (250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in section 55-148." (Code 1958, § 38-49; Ord. No. 9863, § 1, 7-29-1970; Ord. No. 11612, § 1, 8-8-1973; Ord. No. 12209, § 1, 8-7-1974; Ord. No. 12656, § 1, 6-25-1975; Ord. No. 13860, § 1, 8-3-1977; Ord. No. 15700, § 1, 8-13-1980; Ord. No. 16448, § 1, 8-12-1981; Ord. No. 17156, § I, 7-28-1982; Ord. No. 17763, § 1, 8-3-1983; Ord. No. 18352, § 1, 7-24-1984; Ord. No. 18940, § 1, 7-23-1985; Ord. No. 19403, § 1, 7-29-1986; Ord. No. 20412, § 1, 7-26-1988; Ord. No. 20748, § 1, 8-8-1989; Ord. No. 21001, § 1, 10-9-1990; Ord. No. 21440, § 1, 7-21-1992; Ord. No. 21662, § 1, 5-25-1993; Ord. No. 21671, § 1, 6-8-1993; Ord. No. 21814, § 1(e), (f), 12-14-1993; Ord. No. 21965, § 1, 6- 14-1994; Ord. No. 22743, § 1, 11-12-1996; Ord. No. 23706, § 1, 7-20-1999; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § le, 7-24-2001; Ord. No. 24969, § 6, 7-23-2002; Ord. No. 25396, § 6, 7-22-2003; Ord. No. 025866, § 5, 7-27-2004; Ord. No. 026368, § 5, 7-26-2005; Ord. No. 026900, § 5, 7-25-2006; Ord. No. 027355, § 5, 7-24-2007; Ord. No. 027781, § 7, 7-22-2008; Ord. No. 028256, § 5, 7-28-2009; Ord. No. 028690, § 1, 7-20-2010; Ord. No. 029160, § 3, 7-26- 2011; Ord. No. 029917, § 7, 7-30-2013; Ord. No. 030242, § 4(Exh. A), 7-29-2014; Ord. No. 030295, § 5, 9-23-2014) Section 5. 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 and all revised water, gas, and wastewater rates included this ordinance take effect on January 1, 2016. C:\Users\G RANIC^'1\AppData\Loca I\Temp\BCL Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx 30 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 C:\Users\GRANIC-1 Technologies\easyPDF 7\@BCL@4406E39A\@BCL@4406E39A.docx Utility Rates Council Presentation August 25, 2015 Sample Water Bills Usage 2015 2016 2017 Min $11.47 $14.12 3,000 17.29 21.19 23.12 28.25 5,000 28.94 35.31 34.76 42.37 10,000 62.79 74.26 78.59 90.21 15,000 102.29 115.24 149.21 153.17 35,000 298.89 266.99 408.43 342.86 4,000 6,000 12,000 20,000 45,000 $14.12 21.19 28.25 35.31 42.37 74.26 90.21 115.24 153.17 266.99 342.86 Other Utilities • Wastewater (3,000) gallons 2015 2016 2017 $34.98 $38.86 $38.86 • Gas (2 MCF) 2015 $17.14 $17.46 $17.46 Additional Changes • Effective date of all changes is January 1, 2016 • Public Agency for Retail Rates will be brought separately • RWCA calculated every other year except where required by contract • Wastewater Winter Average updated every other year • New Residential Wastewater Accounts set at 3,000 gallons per month Questions? Backup Slides Rate Impact Operation & Maintenance — 2016: ($0.01) (1,000 :1I19nc) • Capital Improvements Program — 2016: $1.38 7 Water Rate Comparison • Texas Municipal League Data (For 5,000 Gallons) — http://www.tml.org/surveys • Number of Municipalities Participating = 634 • How do these rates compare to 2015 Rates? Paint Rock Witchita Falls Austin Corpus Christi Proposed San Antonio Fort Worth Plano Arlington CC w/o Storm Water Amarillo Irving Laredo Lakeview $0 $10 $20 $30 $40 $50 $60 $70 $80 $90 $100 ICL Residential Trend $18 c 0 $16 2 $14 $12 $0 0 to 2 2 to 6 6 to 10 10 to 15 15 to 30 30 to 50 50 to 100 100 to 1000 Volume Billed (1,000 Gallons) 40 35 30 25 20 15 10 Thousands Number of Customers 9 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 25, 2015 Second Reading Ordinance for the City Council Meeting September 22, 2015 DATE: TO: July 20, 2015 Ronald L. Olson, City Manager THROUGH: Margie Rose, Deputy City Manager Gustavo Gonzalez, P.E., ACM for Public Works and Utilities Mark Van Vleck, P.E., Executive Director, Utilities FROM: Dan McGinn, Assistant Director, Envronmental and Strategic Initiatives DanielMc@cctexas.com (361) 826-9294 Lease Agreement with TAMUS for use of Holly Road Pumping Station for Air Monitoring Station CAPTION: Ordinance authorizing the City Manager, or designee, to execute a five year lease agreement (with the option for one five year renewal) with the Texas A&M University System (TAMUS) for installation and operation of an air quality monitoring station on tracts of land containing 9 square feet and 1,350 square feet, located at Holly Road Pumping Station, 4801 Holly Road, Corpus Christi, Texas; providing for severance; and providing for publication. (Requires 28 day delay between 1st and 2nd reading.) PURPOSE: The City owns the tracks of land described above for utility purposes. TAMUS has requested to lease the premises for five years with one (1) successive five-year renewal for a total of ten (10) years to enable them to install and maintain continuous air monitoring stations. BACKGROUND AND FINDINGS: TAMUS has leased the tracts on Holly Road Pumping Station for air monitoring purposes since 2006. For and in consideration of the rights and privileges granted in the lease, the Lessee agrees to allow the City full access, via the Lessee's web page, to the monitoring information gathered by the Lessee from the air monitoring stations situated at the Leased Premises during the entire term of the lease. Approval of lease agreements of City land in excess of twelve months requires City Council approval. ALTERNATIVES: 1. Approve lease agreement with renewal 2. Disapprove lease agreement with renewal OTHER CONSIDERATIONS: As per City Charter, Article IX. Public Utilities, Franchises, and Leases, Section 3. Ordinance Granting Franchise or Lease, Part a. "Every ordinance granting, extending, or amending a franchise or lease of property of the city shall be read at two regular meetings of the council, and shall not be finally acted upon until the twenty-eighth day after the first reading." Therefore, the second reading of this item will be scheduled for the September 8, 2015 to comply with this requirement. The existing contract will be in force until the second reading of this item supersedes it. CONFORMITY TO CITY POLICY: Conforms to City Land Use Plan; Conforms to City statutes regarding lease agreements EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014-20015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): RECOMMENDATION: Staff recommends approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance Lease Agreement Lease Agreement with Texas A&M University System 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 a five year lease agreement (with the option for one five year renewal) with the Texas A&M University System (TAMUS) for installation and operation of an air quality monitoring station on tracts of land containing 9 square feet and 1,350 square feet, located at Holly Road Pumping Station, 4801 Holly Road, Corpus Christi, Texas; providing for an effective date; providing for severance; and providing for publication. (Requires a 28 day delay between 1st & 2nd readings.) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a five year lease agreement (with the option for one five year renewal) with the Texas A&M University System (TAMUS) for installation and operation of an air quality monitoring station on tracts of land containing 9 square feet and 1,350 square feet, located at Holly Road Pumping Station, 4801 Holly Road, Corpus Christi, Texas. 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, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 on this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor TAMUK Contract # n1.56,N7 140 LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS A&M UNIVERSITY SYSTEM STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This lease is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, and the BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM ("TAMUS") an agency of the State of Texas, for the use and benefit of Texas A&M University -Kingsville, acting through its duly authorized agent or designee. Section 1. Definitions. For the purposes of this Lease: Abandoned means that the Leased Premises become vacant or deserted for a continuous period of (30) thirty days. City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. City Manager means the City's City Manager or the City Manager's designee. City Council means the City Council of the City of Corpus Christi. Department means the City's Utility Department. Director means the City's Executive Director of Utilities or the Executive Director of Utilities's designee. Lease means this document, including all attachments and exhibits that are incorporated by reference into this document. Leased Premises or Premises means that portion of City's Holly Road Pumping Station described in Exhibits "A" and "B." Lessee means the Board of Regents of the Texas A&M University System ("TAMUS"), for the use and benefit of Texas A&M University --Kingsville or assignee. Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. Sign means any signs, advertisements, notices, or other lettering that are exhibited, inscribed, painted, erected, or affixed on or about the Premises, or any part of the Premises. r SysicmRealEstate Office �1J OFFICIAL DOCUMENT Page 1 of 10 TAMUK Contract # Yrt 50obYo Section 2. Purpose. The purpose of this Lease, between the City and the Lessee, is to enable the Lessee to install and maintain a continuous air monitoring station, known as CAMS 66o, with a 10 meter tower at the City's Holly Road Pumping Station with weather sensors for measurements of meteorological parameters, including wind speed, wind direction, temperature and relative humidity. Lessee may not operate the Premises for any other purpose without the Director's prior written approval. Section 3. Leased Premises. The Leased Premises are certain real property, generally described as an area of land on Holly Road Pumping Station, more specifically described on the attached and incorporated Exhibits "A" and "B." Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the Leased Premises is subject to the terms and conditions in this Lease. This Lease is made in consideration of the mutual promises and covenants contained in this Lease. Section 5. Limitation of Leasehold. The City does not warrant its title to the Leased Premises. This Lease and the rights and privileges granted the Lessee in and to the Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to the Lessee of rights in the Leased Premises that exceed those owned by the City. Section 6. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for a period of five (5) years, unless sooner terminated under another section of this lease. This Lease begins on the 6ist day after final approval by the City Council. Section 7. Option to Renew. The Lessee has the option to renew this lease for five (5) years on the same terms and conditions as set out in this lease. The Lessee must exercise this option by giving the City notice at least thirty (3o) days prior to the last day of the term of the lease. Section 8. Abandonment of Leased Premises. If the Lessee abandons the Leased Premises, this Lease terminates automatically and the City Manager may take immediate possession of the Leased Premises. Section 9. Cessation of Use. a. If the Lessee for any reason ceases to use the Leased Premises for the purposes specified in Section 2, the Lessee has the right to terminate this Lease by written notice to the City Manager. b. The written notice of termination must be given at least three {3} months prior to the effective date of termination. c. If the cessation of use occurs and continues for one (1) year or longer, and the Lessee does not exercise the right to terminate this Lease, then the City may terminate this System Real Estate Office OFFICIAL DOCUMENT Page 2 of 10 TAMUK Contract # m5naaf0 Lease by giving the Lessee at least thirty (30) days' notice prior to the effective termination date. d. During any cessation of use, the Lessee must maintain and regulate the use and occupancy of the Leased Premises at the Lessee's expense as specified in this Lease. Upon termination or expiration of the Lease, the Lessee must remove the improvements from the Leased Premises. Section 10. Surrender. Subject to the holdover provisions in this Lease, the Lessee acknowledges and understands that the City's agreement to lease the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage, or destruction where the Lessee is without fault, excepted. Section 11. Consideration. For and in consideration of the rights and privileges granted in this Lease, the Lessee agrees to allow the City full access, via the Lessee's web page, to the monitoring information gathered by the Lessee from the air monitoring station situated at the Leased Premises during the entire term of this Lease. Section 12. Alterations. a. The Lessee may not make any alterations, additions, or improvements to, in, on, or about the Premises, without the prior consent of the Director. b. Prior to making any alterations, additions, or improvements to, in, on, or about the Premises, the Lessee must submit the plans and specifications for the alterations, additions, or improvements to the Director for review. c. If the Director consents to the alterations, additions, or improvements, the Lessee shall obtain all required permits for the construction and the construction is subject to inspection by the Director, City's Building Official, Director of Capital Programs, and their designated representatives. Section 13. Assignment and Subleasing. a. Lessee may not assign or encumber this Lease, without the prior written consent of the City Manager. Any assignment or sublease must be approved in advance by the City Manager. b. Upon approval of the assignment, the Lessee may request the City to release the Lessee from any further liability under the Lease. The City will grant the release if the assignee covenants to assume all obligations and duties of the Lessee of this Lease. c. Any attempted assignment or sublet without the prior written consent of the City Manager renders this Lease void. System Real Estate Office OFFICIAL DOCUMENT Page 3 of 10 TAMUK Contract # d. An assignment of the Lease under the same terms and conditions is not an amendment of the Lease. e. Each provision, term, covenant, obligation, and condition required to be performed by the Lessee must be binding upon any assignee, and is partial consideration for the City's consent to the assignment. f. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition in this Lease may render this Lease null and void. Section 14. Signs. a. The Lessee may not exhibit, inscribe, paint, erect, or affix any Sign at, on, or about the Premises, or any part of this Lease, without the Director's prior written approval. b. The City may require the Lessee to remove, repaint, or repair any Signs allowed. If the Lessee does not remove, repaint, or repair the Signs within ten (lo) days of the Director's written demand, the City may do or cause the work to be done, and the Lessee shall pay the City's costs within thirty (ao) days of receipt of the Director's invoice. If timely payment is not made, the City may terminate this Lease upon ten (io) days written notice, to Lessee. Alternatively, the City may elect to terminate this Lease after ten (to) days written notice to the Lessee. Section 15. Laws Affecting Operation of Premises and Performance. The Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to the Lessee's operation of the Premises and the Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 16. Nondiscrimination. The Lessee covenants and agrees that the Lessee 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 Premises, 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. The City hereby reserves the right to take the action as the United States may direct to enforce this covenant. Section 17. Drug Policy. The Lessee must adopt a Drug Free Workplace and Drug Testing policy that substantially conforms to the City's policy. Section 18. Violence Policy. The Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. Section 19. Maintenance. The Lessee shall maintain the Leased Premises and all improvements in good and safe condition during the Lease term. System Real Estate Office OFFICIAL DOCUMENT Page 4 of io TAMUK Contract # Section 20. Furniture, Fixtures, and Equipment. All personal property and trade fixtures furnished by or on behalf of the Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. Section 21. Utilities. The Lessee shall pay for all utilities related to usage of the Premises. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 22. City Use. The City retains the right to use or cross the Premises with utility lines and easements. The City may exercise these rights without compensation to the Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. The City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Section 23. Default. Any of the following events, if uncured after 10 days written notice and right to cure, constitute a default under this Lease: (1) Failure to pay utilities before the due date. (2) Failure to perform scheduled maintenance. (3) Abandonment of the Premises. (4) Failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises. (6) Failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. Section 24. Insurance. The City acknowledges that, because Lessee is an agency of the State of Texas, Liability for the tortious conduct of the agents and employees of Lessee or for injuries caused by conditions of tangible state property is provided for solely by the provision of the Texas Tort Claims Act (Texas Civil Practice and Remedies Code, Chapters 101 and 104), and that Workers' Compensation Insurance coverage for employees of Lessee is provided by Lessee as mandated by the provisions of Chapter 502, Texas Labor Code. Lessee shall have the right, at its option, to (a) obtain liability insurance protecting Lessee and its employees and property insurance protecting Lessee's buildings and the contents, to the extent authorized by Section 51.966, Texas Education Code, or other law, or (b) self -insure against any risk that may be incurred by Lessee as a result of its operations under this Agreement. Section 25. City's Remedies on Lessee's Default. a. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Lease or by law: System Real Estate Office OFFICIAL DOCUMENT Page 5of1O TAMUK Contract # m 5 poo'{{ (i) Give notice to the Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than five (5) days after the giving of the notice. (2) Immediately or at any time after the occurrence of the event of default and without notice or demand, or upon the date specified in a notice, if given, or in any notice issued under law, enter upon the Premises or any part of this Premises in the name of the whole and, upon the entry, this Lease terminates. b. In the event of default by the Lessee under Section 23, the City has the option to pursue any one or more of the remedies provided in this lease or afforded the City by law, without further notice or demand and without prejudice to any other remedy: (1) The City may enter into and upon the Premises and retake possession, by legal proceedings or otherwise, expel the Lessee and anyone claiming through or under the Lessee, remove the Lessee's or a claimant's goods and effects, forcibly, if necessary, and store the goods in the name and at the expense of the Lessee. (2) After retaking possession as set out in paragraph 1 of this section, or upon abandonment of the Premises by the Lessee, the City may at the City's option relet the Premises or any part of the Premises, in the name of the City or otherwise, for a term or terms that may be less than or exceed the period that would otherwise constitute the balance of the term of this Lease. The term of such reletting by the City is evidence of the fair rental value of the Premises for the balance of the term and the Lessee shall be liable to the City for the amount by which the rent and other charges due under this Lease for the balance of its term exceeds the fair rental value of the Premises for that period. Section 26. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 27. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 28. Notice. a. 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; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. b. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed System Real Estate Office OFFICIAL DOCUMENT Page 6 of io TAMUK Contract # Yr 5 000 41c, effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. c. All notice shall be made to the following: IF TO CITY: City of Corpus Christi Attn: Executive Director of Utilities P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO LESSEE: Texas A&M University - Kingsville Attn: Associate VP, Support Services 700 University Blvd., MSC 212 Mail Stop Code 212 Kingsville, Texas 78363-8202 With copy to: The Texas A&M University System Office of General Counsel Attn: System Real Estate Office 301 Tarrow, 6th Floor College Station, Texas 77840-7896 d. Either party may change the address to which notice is sent by using a method set out in subsection c of this section. The Lessee shall notify the City of an address change within ten (io) days after the address is changed. Section 29. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures 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 delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. Section 30. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, both the City and the Lessee will act Page 7 of 10 System Real Estate Office OFFICIAL DOCUMENT TAMUK Contract # rn 5600 -lo in an individual capacity and not as agents, representatives, employees, employers, partners, joint -ventures, 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. Section 31. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and the Lessee, and no third party has any rights or claims under this Lease or against the City. Section 32. Publication Costs. The Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 33. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Section 34. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following any the termination or expiration of this Lease. Section 35. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 36. Severability. a. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application of this Lease 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 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 Lease that every section, paragraph, subdivision, clause, provision, phrase, or word of this Lease 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 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 Lease automatically. Section 37. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and the Lessee for the purpose granted. All other agreements, promises, representations, and Page 8 of 10 Sys(cm Real Estate Office OFFICIAL DOCUMENT TAMUK Contract # /i 'cd f' understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete undemanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 38. Banding Lease. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, are binding on the parties, and their respective successors and assigns. Section 39. Acknowledgment Each party expressly agrees that it has independently read and understood this Lease. By the Lessee's execution of this Lease, the Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. Section 4o. Effective Date. This Lease is effective on , 2015. EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of , 2015. • i I F REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM, • . f of the State of Texas, for the use and benefit of Texas A&M University - BILLY H • ILTON Executive V e Chancellor and Chief Financial Officer RECOMMEND APPR Associate VP, Support Services Texas A&M University - Kingsville APPROVED AS TO FORM: GINA M. JOSEPH Assistant General Counsel Office of General Counsel The Texas A&M University System System Real Estate OMT ee OFFICIAL DOCUMENT Page 9 of 10 TAMUK Contract # vrr S ooa qZ? STATE OF TEXAS § § COUNTY OF BRAZOS § 14 This instrument was acknowledged before me this X44` day of 2015, by BILLY HAMILTON, Executive Vice Chancellor and Chief Financial Officer of The Texas A&M University System, on behalf of the Board of Regents of The Texas A&M University System, an agency of the ate of Texas. JOSIE WYTASKE Notary Public. State or Texas My Commission Expires August 14, 2018 ATTEST: Notary ~ublic REBECCA HUERTA City Secretary APPROVED AS TO LEGAL FORM: LISA AGUILAR Senior Assistant City Attorney For City Attorney STATE OF TEXAS § § COUNTY OF NUECES § CITY OF CORPUS CHRISTI RONALD L. OLSON City Manager This instrument was acknowledged before me this day of 2015, by RONALD L. OLSON, City Manager, City of Corpus Christi, a Texas home rule municipal corporation, on behalf of said entity. System Real Estate Office OFFICIAL I)OCU MENT Notary Public Page 10 of 10 EXHIBIT "A" Holly Road Pumping Plant TAMU-K Tower Lease STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 9 Sq. Ft of land out of Country Club Village Unit 2 as shown on plat thereof recorded in Volume 32, Page 31 of the Map Records of Nueces County, Texas. This 9 SQ. FT. tract being more particularly described by metes and bounds as follows: COMMENCING at a found 5/8" Iron Rod at the northwest comer of Country Club Village Unit 2 as recorded in Volume 32, Page 31 of the Map Records of Nueces County, Texas; THENCE S31 °39'35"E through said Country Club Village Unit 2 a distance of 465.55' to the Point of Beginning of this tract, said point being a set SOD nail; THENCE N25°44'16"E continuing through said Country Club Village Unit 2 a distance of 3.00' to a Poiret, being the northwest comer of this tract; THENCE S64°15'44"E continuing through said Country Club Village Unit 2 a distance of 3.00' to a Point, being the northeast comer of this tract; THENCE S25°44'161'0/ continuing through said Country Club Village Unit 2 a distance of 3.00' to a Point, being the southeast comer of this tract; THENCE N64°15'44' W continuing through said Country Club Village Unit 2 a distance of 3.00' to the POINT AND PLACE OF BEGINNING and containing 9 Sq. Ft, of land. Bearings are with reference to the southwest right-of-way line of Holly Road as shown on Plat of the Country Club Village Unit 2 as recorded in Volume 32, Page 31 of the Map Records of Nueces County, Texas; State of Texas County of Nueces I, Russell D. Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, TX, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 4T" day of December, 2009 ouL Russell D. Ochs State of Texas License No. 5,241 System Real Estate Office OFFICIAL IDOCUMENTi EXHIBIT"A" Holly Road Pumping Plant TAMU-K Equipment Pad Lease STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 1,350 Sq. Ft. of land out of Country Club Village Unit 2 as shown on plat thereof recorded In Volume 32, Page 31 of the Map Records of Nueces County, Texas. This 1,350 SQ. FT. tract being more particularly described by metes and bounds as follows: COMMENCING at a found 518" Iron Rod at the northwest comer of Country Club Village Unit 2 as recorded in Volume 32, Page 31 of the Map Records of Nueces County, Texas; THENCE S29°56'04"E through said Country Club Village Unit 2 a distance of 454.30' to the Point of Beginning of this tract, being the northwest comer of this tract; THENCE S61 °31'38"E continuing through said Country Club Village Unit 2 a distance of 45.00' to a Point, being the northeast corner of this tract; THENCE S28°28'22'W continuing through said Country Club Village Unit 2 a distance of 30.00' to a Point, being the southeast comer of this tract; THENCE N61 °31'38"W continuing through said Country Club Village Unit 2 a distance of 45.00' to a Point, being the southwest comer of this tract; THENCE N28°28'22"E continuing through said Country Club Village Unit 2 a distance of 30.00' to the POINT AND PLACE OF BEGINNING and containing 1,350 Sq. Ft. of land. Bearings are with reference to the southwest right-of-way line of Holly Road as shown on Plat of the Country Club Village Unit 2 as recorded in Volume 32, Page 31 of the Map Records of Nueces County, Texas; State of Texas County of Nueces 1, Russell D. Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, TX, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. e. 0 F This the 26TH day of January, 2010 e+�, { Russell D. Ochs State of Texas License No. 5,241 System Real Estate Otrice sof'_ OFFICIAL DOCUMENT RUSSELL D. OC'HS ►9n: &s51��. ;`U r� 2 0 EXHIBIT "B" C Lti z a z cc mZ fo t+ C3 ~ Q C. P- 1- r- 0 2 2 Z z Z Z w WlV HOLLY ROAD SO � 7O a 0 0 n N 0 f/▪ 1 v .©0 C 3_9 L ,tt.StN t U c .Cb£ tD A 4l u tt ct Iww W CJ: a ,s.stL & w 9 I EQ a System Real Estate Office OFFICIAL DOCUMENT ..1 O tri 11) Q 0 0 O 1.1 0 tri O O z_ fL' 6 1 c0 Z w cV Cq c4 N Z w z J N J J Q tra 0 0 O U1 Ln w [3= U t+'1 O 0 a 000 } Ix z 0 U AGENDA MEMORANDUM Future item for the City Council Meeting of August 25, 2015 Action item for the City Council Meeting of September 8, 2015 DATE: August 7, 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: Jeffrey Edmonds, P. E.,Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Five -Year Ground Lease 4.1,nne_A nrinrenn rune+r..nbinn 1 4r1 Ordinance authorizing the City Manager, or his designee, to execute a five (5) year ground lease with Haas -Anderson Construction, Ltd. for 3.89 -acres out of a 25.06 -acre tract formerly known as the Hala Pit Landfill located next to the City's vehicle impound yard off of Greenwood Drive and approving the cash rental fee of $9,600 per year from October 1, 2015, to September 30, 2020; providing for an effective date; and providing for severance. PURPOSE: The City owns a 25.06 -acre abandoned landfill known as the Hala Pit located off of Greenwood Drive, north of Holly Road. The Police Vehicle Impound Yard has been constructed on 11.2 acres of this landfill. The adjacent landowner, Haas Anderson Construction, Ltd., has requested a third renewal of their ground lease which occupies 3.89 acres between their property and the City's impound yard area. Leases of City property extending beyond one year require City Council approval. BACKGROUND AND FINDINGS: The subject tract of land, containing 25.06 acres, was acquired by the City on March 26, 1965 from V. Hala and wife, Marie Hala. This site is located west of Greenwood Drive and north of Holly Road as shown on the attached Location Map. The tract was acquired primarily for landfill operations as a disposal site. The landfill was operated for such purposes until 1971. Since that time the land has not been used for any City operations. An affidavit of Closed Municipal Solid Waste Landfill was recorded for public record in August 2001. This notice places restrictions on the development or lease of this land as required by the Texas Health and Safety Code, Chapter 361 and Title 30, Chapter 330, Subchapters R and T, Texas Administrative Code. Since it is zoned 1-3, Heavy Industrial, the land remains suitable for surface use as a storage area of vehicles or equipment. No construction in permitted on this lease area. The lease is not assignable and can be terminated by the City with a ninety (90) day notice. In 2005, Haas -Anderson Construction, Ltd., contacted the City to lease the southern 3.89 acre portion of the 25.06 -acre tract. This acreage encompasses an area approximately 300 feet by 565.7 feet. Mr. Anderson co-owns a tract of land directly south and abutting the City property. The City entered into a five (5) year lease for $3,600 per year which began October 1, 2005 and expired on October 1, 2010. The lease was renewed for another 5 -year term in October 2010 at $4,800 per year. This lease will expire on September 30, 2015. Haas -Anderson has submitted a written request to the City for use of the 3.89 -acres for another five-year term. The City and Haas -Anderson have negotiated a renewal for another five-year term at the rental rate of $9,600.00 per year based on similar terms and conditions. The lease rate is calculated at 3.89 acres at a market value of $24,680 per acre with an annual rate of return of 10%. As part of the original lease, Haas Anderson erected a chain link security fence between their property and the City's remaining property. In addition, they have placed a caliche base on the leased area for their parking use. As part of the lease document, they will abide by the restrictions imposed by the Texas Health and Safety Code and the Texas Administrative Code for use of this closed landfill. ALTERNATIVES: 1. Execute the Ground Lease with Haas -Anderson Construction, Ltd. (recommended). 2. Do not execute the Ground Lease and retain the 3.89 -acres. (not recommended). CONFORMITY TO CITY POLICY: The ground lease is permitted by City Charter, Article IX, Section 3, Ordinance granting franchise or lease. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Capital Programs FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget Encumbered / Expended Amount Ordinance Revised Budget This item Future Anticipated Expenditures This Project BALANCE RECOMMENDATION: City staff recommends passage of the Ordinance approving the five-year ground lease with Haas -Anderson Construction, Ltd. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance Ground Lease agreement Ordinance authorizing the City Manager or his designee to execute a five (5) year ground lease with Haas -Anderson Construction, Ltd for 3.89 acres out of a 25.06 acre tract formerly known as the Hala Pit Landfill located next to the City's vehicle impound yard off of Greenwood Drive and approving the cash rental fee of $9,600 per year from October 1, 2015, to September 30, 2020; providing for an effective date; and providing for severance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a five- year ground lease with Haas -Anderson Construction, Ltd. for 3.89 -acres of land located next to the City's Vehicle Impound Yard off of Greenwood Drive, out of a 25.06 -acre tract of city land formerly known as the Hala Pit Landfill, to be used by Haas -Anderson Construction, Ltd. for parking of construction equipment and vehicles, and approving the cash rental fee of $9,600.00 per year for the five-year term of October 1, 2015 to September 30, 2020. SECTION 2. This ordinance is effective upon 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 jurisdiction, 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. 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 File \Mproject\counci/exhibits\ParkingLeaseexh2.dwq C[DEMAdV13 LEASE LOCATION LOCATION MAP NOT TO SCALE POLICE VEHICLE IMPOUND YARD PHASE 1 LEASE SITE 3.89 AC. OUT OF 25.06 AC. HALA PIT LOCATION MAP NOT TO SCALE EXHIBIT "B" Lease: Ground Lease, Restricted Tenant: Hass Anderson Construction, Ltd. Legal: 3.89 ac. out of Lot 2, Section 5, Bohemian Colony Lands, Nueces County, Texas CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 8/7/2015 LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND HAAS -ANDERSON CONSTRUCTION, LTD. STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This agreement, made and entered into effective as of October 1, 2015 by and between the City of Corpus Christi, a Texas home rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, hereinafter called "City" and Haas -Anderson Construction, Ltd. of Nueces County, Texas; hereinafter, called "Lessee" in consideration of the mutual covenants herein. Section 1. Definitions. For the purposes of this Lease: City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. City Manager means the City's City Manager or the City Manager's designee. City Council means the City Council of the City of Corpus Christi. Department means the City's Engineering Department. Director means the City's Director of Engineering and designee. Lease means this document, including all attachments and exhibits that are incorporated by reference into this document. Leased Premises means that certain area of land shown on a map attached as Exhibit "A". Lessee means the Individual or company leasing the Leased Premises or assignee. Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. Sign means any signs, advertisements, notices, or other lettering that are exhibited, inscribed, painted, erected, or affixed on or about the Leased Premises, or any part of the Leased Premises. Section 2. Purpose. The purpose of this Lease, between the City and Lessee, is to enable Lessee to park vehicles and use the Leased Premises as a permanent parking 1 area. Lessee may not operate the Leased Premises for any other purpose without the Director's prior written approval. Section 3. Leased Premises. The Leased Premises are certain real property, generally described as an area of land and shown on the attached and incorporated Exhibit "A". SPECIAL PROVISION: Lessee will be required to repair any soil erosion caused by usage of area for the protection of the final cap which covers waste in place. Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the Leased Premises is subject to the terms and conditions in this Lease. This Lease is made in consideration of the mutual promises and covenants contained in this Lease. SECTION 5. INDEMNITY. IN CONSIDERATION OF ALLOWING LESSEE TO USE THE LEASED PREMISES, LESSEE ("INDEMNITOR") SHALL FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES (COLLECTIVELY, "INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGES, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, PREMISES DEFECTS, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS 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) LESSEE'S PERFORMANCE UNDER THIS LEASE; (2) LESSEE'S USE OF THE LEASED PREMISES AND ANY AND ALL ACTIVITIES ASSOCIATED WITH THE LESSEE'S USE OF THE LEASED PREMISES UNDER THIS LEASE; (3) THE VIOLATION BY LESSEE, ITS OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OR BY INDEMNITEES, OR ANY OF THEM, OF ANY LAW, RULE, REGULATION, ORDINANCE, OR GOVERNMENT ORDER OF ANY KIND PERTAINING, DIRECTLY OR INDIRECTLY, TO THIS LEASE; (4) THE EXERCISE OF RIGHTS UNDER THIS LEASE; OR (5) AN ACT OR OMISSION ON THE PART OF LESSEE, ITS OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OR OF INDEMNITEES, OR ANY OF THEM, PERTAINING TO THIS LEASE, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. 2 IF CITY IS MADE A PARTY TO ANY LITIGATION 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 ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND CITY IN ALL ACTIONS BASED THEREON WITH LEGAL COUNSEL SATISFACTORY TO THE CITY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND WHATSOEVER ARISING FROM ANY LIABILITY, INJURY, DAMAGE, LOSS, DEMAND, CLAIM, OR ACTION. Section 6 Insurance. A. Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit "B", which is incorporated in this Lease by reference. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit "B", constitutes grounds for termination of this Lease. B. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Leased Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. C. Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. D. The Risk Manager retains the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. E. In the event alcoholic beverages are to be served on or in any Leased Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served. F. Lessee shall, prior to any addition or alteration to, in, on, or about the Leased Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in 3 the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 14 of this Lease. Section 7. Limitation of Leasehold. City does not warrant its title to the Leased Premises. This Lease and the rights and privileges granted Lessee in and to the Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to Lessee of rights in the Leased Premises that exceed those owned by City. Section 8. Term. The City leases the Leased Premises, subject to all terms and conditions of this Lease, to the Lessee for a period of five (5) years, unless sooner terminated under another section of this Lease. The Lease begins October 1, 2015 and ends September 30, 2020, subject to prior termination. October 1, 2015 is the effective date of the Lease. The City will provide the yearly rent calculation for any renewal term, 90 days prior to the expiration date of this lease term. Section 9. Option to Renew. The Lessee has the option to renew this Lease for five (5) years, subject to approval by ordinance of the City Council. Lessee must exercise this option by giving the City Manager notice at least sixty (60) days prior to the last day of the term of the Lease. Section 10. Abandonment of Leased Premises. If the Lessee abandons the Leased Premises this Lease shall terminate automatically and City may take immediate possession of the Leased Premises. "Abandoned" means that the Leased Premises become vacant or deserted for a continuous period of thirty (30) days. Section 11. Termination of Lease. Lessor and Lessee shall each have the right to terminate this Lease upon giving the other party ninety (90) days written notice. If either Lessor or Lessee terminates this Lease pursuant to this section, Lessor will refund to Lessee an amount equal to the prorated portion of any rent paid by Lessee for the remainder of the lease term from the effective date of the notice. Lessor shall pay such amount within thirty (30) days of receiving proper written notice from Lessee. If Lessor terminates this Lease for failure of Lessee to comply with the terms of this Lease, Lessor's power to terminate this Lease can be exercised only by ordinance duly adopted after notice and hearing. Section 12. Surrender. Subject to the holdover provisions in this Lease, Lessee acknowledges and understands that the City's agreement to lease the Leased Premises to Lessee is expressly conditioned on the understanding that the Leased Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, 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 13. Consideration. For and in consideration of the rights and privileges granted in this Lease, Lessee agrees to pay the City an annual rent of $9,600.00 (Nine 4 Thousand Six Hundred Dollars) for the entire 3.90 acres payable annually on or before October 1, 2015 and every October 1st thereafter for the duration of said Lease. Section 14. Alterations. A. Lessee may not make any alterations, additions, or improvements to, in, on, or about the Leased Premises, without the prior consent of the City Manager. Lessee has been granted access to the property by relocating south end of the fence to the north by 300 feet in order to make the room needed to utilize land for said purposes. B. Prior to making any alterations, additions, or improvements to, in, on, or about the Leased Premises, Lessee must submit the plans and specifications for the alterations, additions, or improvements to the City Manager for review. C. If the City Manager consents to the alterations, additions, or improvements, the Lessee shall obtain all required permits for the construction and the construction is subject to inspection by the City's Building Official, Director of Engineering Services, and their designated representatives. Section 15. Assignment and Subleasing. A. Lessee may not assign, sublet or encumber this Lease, without the prior approval of the City Council expressed by ordinance, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, the City Council may delegate to the City Manager by ordinance the authority to approve a routine transfer of this Lease. B. Upon approval of the assignment, Lessee may request the City to release Lessee from any further liability under the Lease. City will grant the release if the assignee covenants to assume all obligations and duties of Lessee of this Lease. C. Any attempted assignment or sublet without the prior approval of the City Council or, if applicable, the City Manager renders this Lease void. D. An assignment of this Lease under the same terms and conditions is not an amendment of this Lease. E. Each provision, term, covenant, obligation, and condition required to be performed by Lessee must be binding upon any assignee, and is partial consideration for City's consent to the assignment. F. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition in this Lease may render this Lease null and void. 5 Section 16. Signs. A. Lessee may not exhibit, inscribe, paint, erect, or affix any Sign at, on, or about the Leased Premises, or any part of this Lease, without the City Manager's prior written approval. B. The City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of City Manager's written demand, City may do or cause the work to be done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the invoice. if payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Section 17. Laws Affecting Operation of Leased Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's operation of the Leased Premises and Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 18. Nondiscrimination. Lessee covenants and agrees that Lessee 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 Leased Premises, 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. The City hereby reserves the right to take the action as the United States may direct to enforce this covenant. Section 19 Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. Section 20. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. Section 21. Maintenance. Lessee shall maintain the Leased Premises and all improvements in good and safe condition during the Lease term, including ground cover. Section 22. Furniture, Fixtures, and Equipment. All personal property and trade fixtures furnished by or on behalf of Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. Section 23. Utilities. Lessee shall pay for all utilities related to usage of Leased Premises. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 24. City Use. The City retains the right to use or cross the Leased Premises with utility lines and easements. City may exercise these rights without compensation 6 to Lessee for damages to the Leased Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Leased Premises. Section 25. Default. The following events constitute default under this Lease: (1) Failure to pay utilities before the due date. (2) Failure to perform scheduled maintenance. (3) Abandonment of the Leased Premises. (4) Failure to maintain any insurance coverages required in this Lease. (5) Failure to timely pay City invoices for the removal, repainting, or repair of any Signs at the Leased Premises. (6) Failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. Section 26. City's Remedies on Lessee's Default. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Lease or by law: (1) Give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than five (5) days after the giving of the notice. (2) Immediately or at any time after the occurrence of the event of default and without notice or demand, or upon the date specified in a notice, if given, or in any notice issued under law, enter upon the Leased Premises or any part of the Leased Premises in the name of the whole and, upon the entry, this Lease terminates. In the event of default by Lessee under Section 25, the City has the option to pursue any one or more of the remedies provided in this Lease or afforded the City by law, without further notice or demand and without prejudice to any other remedy: (1) The City may enter into and upon the Leased Premises and retake possession, by legal proceedings or otherwise, expel Lessee and anyone claiming through or under Lessee, remove Lessee's or a claimant's goods and effects, forcibly, if necessary, and store the goods in the name and at the expense of Lessee. (2) After retaking possession as set out in the foregoing paragraph of this section, or upon abandonment of the Leased Premises by Lessee, the City may at the City's option relet the Leased Premises or any part of the Leased 7 Premises, in the name of the City or otherwise, for a term or terms that may be less than or exceed the period that would otherwise constitute the balance of the term of this Lease. The term of such reletting by the City is evidence of the fair rental value of the Leased Premises for the balance of the term and the Lessee shall be liable to the City for the amount by which the rent and other charges due under this Lease for the balance of its term exceeds the fair rental value of the Leased Premises for that period. Section 27. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless (i) the change or modification is approved by ordinance of the City Council after two readings and publication of notice, and (ii) the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 28. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is Eusebio (Sonny) Garza, Ill, Manager of Property & Land Acquisition Division. Section 29. Notice. A. Ail 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: (i) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. B. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. C. All the communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Eusebio (Sonny) Garza, ill, Manager Property & Land Acquisition Division P. O. Box 9277 Corpus Christi, Texas 78469-9277 Fax: (361) 826-3501 IF TO LESSEE: Haas -Anderson Construction, Ltd clo Jim Anderson P. O. Box 7692 Corpus Christi, Texas 78467 Fax: ( ) D. Either party may change the address to which notice is sent by using a method set out in this section. Lessee shall notify the City of an address change within ten (10) days after the address is changed. 8 Section 30. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures 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 delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. Section 31. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, both the City and Lessee 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. Section 32. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee, and no third party has any rights or claims under this Lease or against the City. Section 33. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 34. Interpretation. This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts. Section 35. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following the termination or expiration of this Lease. Section 36. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 37. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application of this Lease 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 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, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word of this Lease be given full force and effect for its purpose. 9 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, 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 Lease automatically. Section 38. Venue. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 39. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained in this Lease are expressly revoked, 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 relating to Lessee's operations and the Leased Premises to be used in the operations. Section 40. Binding Lease. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, are binding on the parties, and their respective successors and assigns. Section 41. Acknowledgment. Each party expressly agrees that it has independently read and understands this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the City Council and executed by the City Manager or by his designee. Section 42. Environmental Quality. A. Lessee acknowledges prior use of land which indicates that portions or all of Hala Pit Landfill is a closed municipal solid waste landfill. B. Lessee acknowledges receipt and acceptance of this notice required by the Texas Health and Safety Code and the Texas Commission on Environmental Quality ("TCEQ") rules of the Texas Administrative Code. C. Lessee acknowledges acceptance and has in its possession a spill prevention plan that abides by the Spill Prevention, Control and Countermeasure Regulation under the United States Environmental Protection Agency. Prior Use User acknowledges that all or portions of Hala Pit Landfill was a closed municipal solid waste landfill, and acknowledges receipt and acceptance of this notice required by Section 361.539 of the Texas Health and Safety Code and the Texas Commission on Environmental Quality's rules in Section 330.962 of Title 30, Texas Administrative Code. 10 User acknowledges that the City does not represent the land covered by this Lease is suitable for User' s intended use. User agrees to: (a) Comply with all applicable Federal and State of Texas laws and regulations applicable to construction and operation of the facilities contemplated by User on the easement granted herein, including those applicable to closed municipal solid waste landfills and the regulations relating to same including, but not limited to, Chapter 361 of the Texas Health & Safety Code and Title 30, Part1, Chapter 330, Subchapter T, Rule § 330.963, Texas Administrative Code. (A copy of the current version of Rule § 330.963 is attached to and incorporated into this Lease.) (b) Not to disturb the integrity and function of the final cover, all components of the containment system, and any monitoring systems, without authorization of the TCEQ. (c) Take any action deemed necessary by the TCEQ to restore the final cover, any component of the containment system, or monitoring systems disturbed by the construction, maintenance or operation of any facilities proposed by User. (d) Conduct soil test as required by 30 TAC Rule § 330.953 before undertaking any development of the property, if applicable. (e) Obtain a development permit from the TCEQ before commencing any construction of an enclosed structure, as required by 30 TAC Rule § 330.954(a), if applicable. (f) Register any existing structures owned or being used by the User, if required by 30 TAC Rule § 330.954(c) or TCEQ. (The Director has a copy of the list of structures the City has registered with TCEQ.), if applicable. (g) Prepare any needed modifications to the Site Operating Plan, if required by 30 TAC Rules §§ 330.959(4) and 330.257(r) or TCEQ. (The Director has a copy of the current Site Operating Plan that was submitted to TCEQ.) (h) Prepare a Structures Gas Monitoring Plan, if required by 30 TAC Rule § 330.959(5) or TCEQ. (The Director has a copy of the current Structures Gas Monitoring Plan that was submitted to TCEQ.) (i) Install landfill gas monitoring equipment in any enclosed structures owned or being used by the User, if required by 30 TAC Rule § 330.959 or TCEQ. (The City has installed and maintains gas monitoring equipment in some enclosed structures on the site, as part of the City's Structures Gas Monitoring Plan approved by TCEQ. The City does not warrant that the enclosed structures are suitable, safe for use by adults or children, or do not pose a potential health threat to adults or children. The User may install additional landfill gas monitoring equipment in any enclosed structures used by the User, if the User or 11 its officers, members, employees, agents, contractors, or invitees are concerned with the air quality within the enclosed structures.) (j) Operate any landfill gas monitoring equipment installed by the User and maintain all necessary records, as required by 30 TAC Rule § 330.960. Copies of all required records shall be submitted to the Director on a monthly basis. (k) Prevent the ponding of water on any property under the User's control. (I) Submit plans to control the drainage of storm waters from any structures used by the User to the Director for review and approval. (m) Hold the City harmless and indemnify City for any claims, penalties, or violations that result from User' s, its assigns, or their agents disturbance of the said closed municipal solid waste landfill. TEXAS ADMINISTRATIVE CODE Title 30. ENVIRONMENTAL QUALITY Part 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Chapter 330. MUNICIPAL SOLID WASTE Subchapter T. USE OF LAND OVER CLOSED MUNICIPAL SOLID WASTE LANDFILLS Rule § 330.963 Notice to Buyers, Lessees, and Occupants (a) An owner of land that overlies a closed municipal solid waste (MSW) landfill shall prepare a written notice stating the former use of the facility, the legal description of property, notice of the restrictions on the development or lease of the land imposed by this subchapter and the Texas Health and Safety Code, Chapter 361, Subchapter R, and the name of the owner. The owner shall file for record the notice in the real property records of the county in which the property is located. (b) An owner of land that overlies a closed MSW landfill shall notify each lessee and each occupant of a structure that overlies the unit of: (1) the land's former use as a landfill; and (2) the structural controls in place to minimize potential future danger posed by the MSW. 12 V.T.C.A., Health & Safety Code 6 361.537 361.537. Lease Restriction; Notice to Lessee A person may not lease or offer for lease land that overlies a closed municipal solid waste landfill facility unless: (1) existing development on the land is in compliance with this subchapter; or (2) the person gives notice to the prospective lessee of what is required to bring the land and any development on the land into compliance with this subchapter and the prohibitions or requirements for future development imposed by this subchapter and by any permit issued for the land under this subchapter. EXECUTED IN TRIPLICATE, each of which shall be considered an original, on the day of , 2015. By: STATE OF TEXAS § COUNTY OF NUECES § LESSEE: Haas -Anderson Construction, Ltd This instrument was acknowledged before me on , 2015, by , as , on behalf of Haas -Anderson Construction, Ltd, a Texas limited liability company.. Notary Public, State of Texas 13 LESSOR: ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Valerie H. Gray, P.E. City Secretary Executive Director of Public Works APPROVED AS TO LEGAL FORM: , 2015. Janet Kellogg Assistant City Attorney For City Attorney STATE OF TEXAS COUNTY OF NUECES § § § This instrument was acknowledged before me on , 2015, by Valerie H. Gray, P.E., Executive Director of Public Works of the City of Corpus Christi, a Texas home rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas 14 F rell' tee r -IF f' 1. i 4 '� "ft— vrirrzcit I 15 it CITY OF CORPUS CHRISTI HALA PIT 25.06 ACRES mitt ILd 9 W t 1- VP: ~ E LEASED AREA -- 3.89 acres 300 ft. by 565 ft. ,sara�lr~ 10- } ott r.rud EXHIBIT A File : \Mproject\counci!exhibits\ParkingLeaseexh2.dwg 0 z CC1A Irl 73C="1 r I3EAR .0R LEASE LOCATION POLICE VEHICLE IMPOUND YARD F.M. 43 LOCATION MAP NOT TO SCALE S�GTh a 4pRF iS 440 LEASE SITE 3.89 AC. OUT OF 25.06 AC. KALA Pa - sz.,„ LOCATION MAP N0T TO SCALE Lease: Ground Lease, Restricted Tenant: Hass Anderson Construction, Ltd. Legal: 3.89 ac. out of Lot 2, Section 5, Bohemian Colony Lands, Nueces County, Texas CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 8/7/2015 EXHIBIT 5 INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. B. Lessee must furnish to the City's Risk Manager and Director of Capitol Programs, one (I) copy 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 Iisted 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 Bodily Injury and Property Damage cancellation, non -renewal, material change or termination required on alI certificates and policies. Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: $I,000,000 Per Occurrence I. Commercial Broad Form 2. Premises — Operations 3. Products Completed Operations 4. Contractual Liability 5. Independent Lessees 6. Personal Injury- Advertising Injury C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within I0 days of the accident. II. ADDITIONAL REQUIREMENTS A. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee'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. Lessee shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within I0 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: EXHIBIT B City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee 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; • 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 (I0) 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee'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 Lessee'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 Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's performance of the work covered under this contract. H. It is agreed that Lessee'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. 2015 Insurance Requirements Capital Programs Hass Anderson Construction, Ltd. - Lease Agreement 7/24'2015 ds Risk Management AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 25, 2015 Second Reading Ordinance for the City Council Meeting of September 8, 2015 DATE: TO: August 5, 2015 Ronald L. Olson, City Manager FROM: Peter Davidson, Marina Superintendent Peterd@cctexas.com (361) 826-3893 An Ordinance clarifying the Corpus Christi Marina Boundaries as they are defined in the City of Corpus Christi Code of Ordinances CAPTION: Ordinance amending City Code of Ordinances Section 2-260 regarding Marina Advisory Committee membership and Sections 2-264 and 12-40 regarding Corpus Christi Marina definitions PURPOSE: Clarification of the Corpus Christi Marina Boundaries as they are defined in the City of Corpus Christi Code of Ordinances BACKGROUND AND FINDINGS: The Corpus Christi code of ordinances contains two contradictory marina boundary definitions. The boundaries of the Corpus Christi Marina outlined in Chapter 12 Boats, Bays and Waterways are in contradiction to those contained in Division 25 Marina Advisory Committee. For clarification of responsibilities and jurisdiction, the Marina Department under the advisement of the City Attorney requests that the boundary definition contained in Chapter 12 be revised to reflect the boundaries defined in Division 25. ALTERNATIVES: Retain the contradictory Marina Department boundaries as currently defined in the City Code of Ordinances OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON -EMERGENCY: NON -EMERGENCY DEPARTMENTAL CLEARANCES: Marina Department Marina Advisory Committee Legal Department FINANCIAL IMPACT: 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: Not Applicable RECOMMENDATION: Accept the attached revision to the Corpus Christi code of ordinances LIST OF SUPPORTING DOCUMENTS: Ordinance — Marina Boundary Revision Map - Illustration of 1958 & 2007 Marina Boundaries Ordinance amending City Code of Ordinances Section 2-260 regarding Marina Advisory Committee membership and Sections 2- 264 and 12-40 regarding Corpus Christi Marina definitions BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 2 of the City Code of Ordinances, Administration, Article IV, Miscellaneous Boards, Commissions and Committees, Section 2-260 is amended to revise the Marina Advisory Committee membership and Section 2-264 is amended to revise the boundaries of the Corpus Christi Marina as follows, to delete the text shown as strike -through text, and add the text shown as underlined text, as follows: "DIVISION 25. - MARINA ADVISORY COMMITTEE Sec. 2-260. - Created; membership; terms; filling vacancies. (a) There is hereby created the Marina Advisory Committee. The committee shall be composed of nine (9) members appointed by the city council. (b) Notwithstanding subsection (a), the current members of the Water/Shore Advisory Committee shall be appointed to the initial two-year term of the Marina Advisory Committee or appointed to the initial two-year term of the Watershore and Beach Advisory Committee, as requested by the member by notification to city secretary, subject to city council approval, along with such other persons appointed by city council as necessary to total nine (9) members for each committee. Upon said appointments, the Water/Shore Advisory Committee is hereby abolished. Of the nine (9) members, one (1) shall be a scientist, i.e., marine biologist; one (1) shall be an engineer; and one (1) shall be an environmentalist and one (1) shall be a representative of a restaurant located within the boundaries of the marina Corpus Christi Downtown Management District. (c) In the succeeding term, five (5) members shall serve a two-year term and four (4) members a one-year term, as determined by drawing. Thereafter, all terms shall be two (2) years. (d) Whenever a vacancy occurs during a term, appointments to fill a vacancy shall be to fill the unexpired term. (e) The chairperson of the Marina Advisory Committee shall act as an advisor to the Parks and Recreation Advisory Committee and vice versa. (Ord. No. 027408, § 2, 9-11-2007) Sec. 2-261. - Rules of procedure; officers. The committee shall adopt its own rules of procedure. At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice -chairperson to serve during the first term. Thereafter, a committee chairperson and vice -chairperson shall be elected by a majority of the whole committee to serve one-year terms expiring each September Page 1 1. Said election shall be held each year at the first regular meeting after appointments to fill expiring terms. (Ord. No. 027408, § 2, 9-11-2007) Sec. 2-262. - Duties. The Marina Advisory Committee shall advise and make recommendations regarding development, use, or preservation of the marina, including the following: (1) Assist the city council in providing for the orderly, planned development and use of the marina. (2) Review the annual and capital improvement budgets regarding the improvement and maintenance of the facilities upon the marina. Review and recommend to the city council the feasibility of development, improvements, maintenance or proposed uses for the marina. (3) (Ord. No. 027408, § 2, 9-11-2007) Sec. 2-263. - Minutes; staff support. The City Manager shall appoint a staff member to keep minutes of the committee and prepare such assistance as the committee may request. (Ord. No. 027408, § 2, 9-11-2007) Sec. 2-264. - Definitions. In this division, the terms below mean as follows: Marina: All structures, waters, and lands within the area enclosed by the breakwater fronting Shoreline Blvd. from the breakwater terminus at north of South (McGee) Beach to its -- - _ -- - --. All structures, waters, and lands within the area enclosed by the breakwater fronting Shoreline Blvd. from the breakwater terminus at north of South (McGee) Beach to its iunction at the foot of Breakwater Avenue thus forming the eastern boundary. The western boundary heading south along the water's edge to the intersection of Canal Avenue and the Texas State Aquarium thence westward along the water's edge to the intersection of the North Corpus Christi Ship Channel iunction at East Surfside Blvd., thence south across the ship channel to the intersection of North Chaparral Street, turning east following the concrete seawall water's edge along south Corpus Christi Ship Channel to the corner of the South Texas Art Museum continuing south along the water's edge of the concrete seawall terminating at north end of the South (McGee) Beach breakwater." SECTION 2. That Chapter 12 of the City Code of Ordinances, Boats, Bays and Waterways, Article II, Marina, Section 12-40, is amended to revise the definition for the boundaries of the Corpus Christi Marina as follows, to delete the text shown in strike - through text, and add the text shown as underlined text, as follows: Page 2 "Sec. 12-40. - Marina defined. The Corpus Christi Marina shall, for the purposes of this chapter, be defined as that body of water, its watercraft facilities and protection, the streets and sidcwalks and all othcr ar as confined within the following boundaries: Beginning at the intersection of the south property line of the U.S. engineers' property and the back or west edge of the concrete seawall; thence in a southerly direction with the west the intersection being south of the Broadway Courts; thence in an easterly direction along steel sheet pile and concrete cut off wall connecting thc scawall with rock brc\akwatcr to its intersection with the breakwater; thence in a northcrly dircction along the ccntcr linc of thc rock breakwater to its intersection with the south boundary of the ship channel to Port Aransas; thence in a westerly direction to the place of beginning. The Corpus Christi Marina shall, for purposes of this chapter, be defined as all structures, waters, and lands within the area enclosed by the breakwater fronting Shoreline Blvd. from the breakwater terminus at north of South (McGee) Beach to its junction at the foot of Breakwater Avenue thus forming the eastern boundary. The western boundary heading south along the water's edge to the intersection of Canal Avenue and the Texas State Aquarium thence westward along the water's edge to the intersection of the North Corpus Christi Ship Channel junction at East Surfside Blvd., thence south across the ship channel to the intersection of North Chaparral Street, turning east following the concrete seawall water's edge along south Corpus Christi Ship Channel to the corner of the South Texas Art Museum continuing south along the water's edge of the concrete seawall terminating at north end of the South (McGee) Beach breakwater." SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. This Ordinance takes effective upon final City Council action. 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. Page 3 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 Page 4 1958 Marina Boundary AGENDA MEMORANDUM Future Item for the City Council Meeting of August 25, 2015 Action Item for the City Council Meeting of September 8, 2015 DATE: July 29, 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 FROM: Valerie H. Gray, P.E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 CAPTION: Carlos Gonzalez, Director of Facilities CarlosG2@cctexas.com (361) 826-3567 Engineering Construction Contract City Hall Fire Detection and Alarm System Motion authorizing the City Manager or designee to execute a construction contract with TBC Commercial Construction of Portland, Texas in the amount of $344,921.45 for the City Hall Fire Detection and Alarm System for the Base Bid with Deductive Alternate No. 1. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the City Hall Fire Detection and Alarm System for the Base Bid with Deductive Alternate No. 1. This project will replace the existing fire detection and fire alarm system, in its entirety, for the City of Corpus Christi's City Hall at 1201 Leopard Street. The new system brings City Hall compliant with all National, State and City of Corpus Christi Codes and Regulations. BACKGROUND AND FINDINGS: Based on an investigative process by an independent licensed engineer, it was determined that the existing City Hall Fire Detection and Alarm System does not provide adequate detection coverage, adequate notification to occupants, and system support for first responders. More specifically, the existing system has several major deficiencies as noted: • Inadequate smoke detector coverage spacing due to quantity and some existing smoke detectors are non-functional. • The current audio system does not adequately transmit critical directions to advise City Hall occupants during emergencies. • The existing fire fighter communication system (handsets) does not provide remote access to fire fighters to effectively communicate during a rescue operation. Neither the elevator recall (automatically recalls the elevators to the first floor and open doors so that no individual is trapped) nor the smoke control system currently functions. • City Hall fire sprinkler system does not fully detect and alarm when fire flows are called for during an event. During testing, the fire alarm pull stations did activate the alarm system but did not activate the elevator recall or the smoke evacuation. All proposed improvements have been reviewed by the City of Corpus Christi Fire Marshall for code compliance. Additionally, the Contractor is required to obtain a permit for construction requiring further review by the Fire Marshall. The proposed project consists of the replacement of the existing Fire Detection and Alarm System as well as the Voice Evacuation System, including: 1. Fire Alarm Control Panel 2. Fire Alarm Power Supplies 3. Notification Devices 4. Detection Devices 5. Monitor Modules 6. Control Modules 7. Speakers 8. Fireman's Handsets (Telephone) 9. Elevator Recall System and Stairwell Pressurization System The project also involves the reconstruction and interconnection of the existing elevator recall system, stairwell pressurization system, and smoke evacuation system. On June 3, 2015, the City received proposals from two (2) bidders and the respective bids are as follows: CONTRACTOR TOTAL TBC Commercial Construction Portland, TX $344,921.45 Total Protection Systems Corpus Christi, TX $401,222.00 NRG Engineering conducted a bid analysis of the two (2) proposals submitted to the City. After reviewing the Statement of Experience submitted by TBC Commercial Construction, NRG Engineering recommends the City of Corpus Christi award the construction contract to TBC Commercial Construction as the lowest responsible bidder. ALTERNATIVES: 1. Authorize the execution of the construction contract. (Recommended) 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The Engineer's Opinion of Probable Construction Cost (OPCC) is $350,103. TBC Commercial Construction's bid is less than the Engineer's OPCC. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Facilities Management and Maintenance FINANCIAL IMPACT: ® Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $407,321.45 $407,321.45 Encumbered / Expended Amount $24,640.00 $24,640.00 This Item $344,921.45 $344,921.45 Future Anticipated Expenditures This Project $37,760.00 $37,760.00 BALANCE $0.00 $0.00 Fund(s): Facilities Maintenance Operating Fund Comments: This project requires approximately 210 calendar days with anticipated completion in March 2016. The construction contract will result in the expenditure of an amount not to exceed $344,921.45. RECOMMENDATION: City Staff recommends approval of the construction contract with TBC Commercial Construction of Portland, Texas in the amount of $344,921.45 for the City Hall Fire Detection and Alarm System for the Base Bid with Deductive Alternate No. 1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET City Hall Fire Detection and Alarm System FUNDS AVAILABLE: Facilities Maintenance Operating Fund $407,321.45 FUNDS REQUIRED: Construction Contract (TBC Commercial Construction) (THIS ITEM) $344,921.45 Contingency (10%) 34,500.00 Design Fees: * Engineer (NRG Engineering) 24,640.00 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) (0.3%) 1,035.00 Engineering Services (Project Mgmt/Constr Mgt/Traffic Mgt Services) (0.5%) 1,725.00 Misc. (Printing, Advertising, etc.) 500.00 TOTAL $407,321.45 ESTIMATED PROJECT BUDGET BALANCE $0.00 * Original contract issued April 22, 2014 City Hall Fire Detection and Alarm System CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 k.401) Corpus Chr sti Capital Programs City Hall Fire Detection and Alarm System Council Presentation August 25, 2015 Project Location clo Corpus Chr sti Capital Programs This project replaces: ➢ Fire Detection & Alarm System ➢ Voice Evacuation System ➢ Fire Alarm Control Panel and Power Supplies ➢ Notification & Detection Devices ➢ Monitor & Control Modules ➢ Fireman's Handsets Project Schedule c* Corpus Chr sti Capital Programs 2014 2015 2016 Sep Oct Nov Dec Jan Fe b Mar Apr DESIGN May Jun Jul Aug BID & AWARD Sep Oct Nov Dec Jan Fe b Mar CONSTRUCTION Construction Estimate: 210 Calendar Days 7 Months Projected Schedule reflects City Council award of construction in August 2015 with anticipated construction completion by March 2016. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 25, 2015 Action Item for the City Council Meeting of September 8, 2015 DATE: July 28, 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 Carol Rehtmeyer, Director, City of Corpus Christi Museum CarolR@cctexas.com (361) 826-4660 Engineering Construction Contract Museum Roof Replacement (Bond 2012) CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with Haeber Roofing Company in the amount of $1,331,271 for the Museum Roof Replacement (Bond 2012) for the total Base Bid plus Additive Alternate Nos.1 and 2. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Museum Roof Replacement (Bond 2012) for the total Base Bid plus Additive Alternate Nos.1 and 2. BACKGROUND AND FINDINGS: The existing roof of the Corpus Christi Museum of Science and History is at the end of its service life and allowing leaks into the building. This project was approved in the Bond 2012, Proposition No. 5 Museum and Library Improvements by the community in the general election held on November 6, 2012. Brochure description: "Museum of Science & History Roof Replacement $1,600,000 This project proposes the complete replacement of the existing membrane roof system, replacement of the glass/ glazing system at the two sides of the children's interactive activity area and construction of rainwater collection system". Proposed construction will replace the entire existing 73,000 S.F. roof membrane and insulation system including parapet, wall penetrations and cap flashing with a two-ply 20 -year warranted modified bitumen roof membrane system including related components. Additional work will replace the existing two story aluminum and glass curtain wall system at the children's area, replace two sets of aluminum and glass exterior doors and replace one of the three roof -mounted HVAC units. The Base Bid of the proposed project includes the replacement of the existing roofing system and replacement of the existing two story aluminum and glass curtain wall system at the Children's Area. The proposed project also includes two additive alternates: • Additive Alternate No. 1 consists of the replacement of two exterior aluminum and glass storefront exit doors located on the east end of the Children's Area. • Additive Alternate No. No. 2 consists of the replacement of the existing roof -mounted HVAC air handling unit serving the Discovery Dome as well as the related components and accessories. On July 8, 2015, the City received proposals from three (3) bidders and the respective bids are as follows: Contractor Base Bid Additive Alternate No. 1 Additive Alternate No. 2 Total Haeber Roofing Company Corpus Christi, Texas $1,265,196 $20,640 $45,435 $1,331,271 Sehrist-Hall Company Corpus Christi, Texas $1,295,200 $19,800 $37,700 $1,352,700 Gourley Contracting Corpus Christi, Texas N/A N/A N/A N/A The City rejected the proposal of Gourley Contracting because of an irregularity that after bid opening, Gourley Contracting submitted a Revised Bid Form to alter their Total Project Base Bid price. Solka Nava Torno, LLC conducted a bid analysis of the two (2) proposals submitted to the City. After reviewing the Statement of Experience submitted by Haeber Roofing Company, Solka Nava Torno, LLC recommends the City of Corpus Christi award the construction contract to Haeber Roofing Company as the lowest responsible bidder. ALTERNATIVES: 1. Authorize the execution of the construction contract. (Recommended) 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The Engineer's Opinion of Probable Construction Cost (OPCC) for Base Bid is $1,280,000. The bid of Haeber Roofing Company is less than the Engineer's OPCC. The project available fund allows for the construction of the Base Bid plus Additive Alternate Nos. 1 and 2, with a total construction price of $1,331,271. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Museum Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $1,600,000.00 $1,600,000.00 Encumbered / Expended Amount 130,040.00 130,040.00 This Item 1,331,271.00 1,331,271.00 Future Anticipated Expenditures This Project 138,689.00 138,689.00 BALANCE $0.00 $0.00 Fund(s): Public Facilities CIP No. 05 Comments: This project requires approximately 210 calendar days with anticipated completion in April 2016. This construction contract will result in expenditure not to exceed $1,331,271. RECOMMENDATION: City Staff recommends approval of the construction contract with Haeber Roofing Company of Corpus Christi, Texas in the amount of $1,331,271 for Museum Roof Replacement (Bond 2012) for the total Base Bid plus Additive Alternate Nos.1 and 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET Museum Roof Replacement (Bond 2012) PROJECT FUNDS AVAILABLE: Bond 2012 $1,600,000.00 FUNDS REQUIRED: Construction (Haeber Roofing Company) (This Contract) $1,331,271.00 Contingency (5%) 66,564.00 Construction Inspection (Estimate) 42,000.00 Engineer Fees: * Architect (Solka Nava Torno, LLC) 130,040.00 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) 6,656.00 Engineering Services (Project Mgmt/Constr Mgmt) 18,469.00 Misc 5,000.00 TOTAL $1,600,000.00 PROJECT BUDGET BALANCE $0.00 * Original contract issued April 10, 2013. AIL ire Corpus Christi Museum of Science and History V1 rte. LOCATION MAP iuk NOT TO SCALE 1111 PROJECT LOCATION 16. PROJECT: E12120 Museum Roof Replacement (BOND 2012) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Corpus Chr sti Capital Programs Museum Roof Replacement (Bond 2012) Council Presentation August 18, 2015 Project Scope - Base Bid 10 Corpus Chrsti Capital Programs Copes cnnsm Wu.Jrn of Science 21111400U Replacement of the existing roofing system and the accessories. Replacement of the existing two story aluminum and glass curtain wall system and upgrades for wind -storm certification. Project Scope - Alternates il Corpus Chr sti Capital Programs Alt. #1: Replacement of two sets of aluminum and glass exterior doors at the Children's Area entrance. Alt. #2: Replacement of the roof -mounted air -handler unit installed with the original building construction. Project Schedule Corpus Chr'sti Capital Programs 2015 2016 Jul Aug Sep Bid & Award Oct 1 Nov 1 Dec 1 Jan Feb Mar Apr 1 Construction Construction Estimate: 210 Calendar Days = 7 Months Projected Schedule reflects City Council award of construction in August 2015 with anticipated construction completion by April 2016. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 25, 2015 Action Item for the City Council Meeting of September 8, 2015 DATE: August 7, 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 JFK Causeway Area Improvements BOND 2012 Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Robstown, Texas in the amount of $1,271,906.13 for the JFK Causeway Area Improvements for the total Base Bid plus Additive Alternate No.1. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Bridges Specialties, Inc., for the JFK Causeway Area Improvements BOND 2012 project. BACKGROUND AND FINDINGS: This project includes access road and utility improvements on the south side of the JFK Memorial Causeway in accordance with the proposed plan for infrastructure improvements to the Village. This project was coordinated with Texas General Land Office (TGLO), Texas Department of Transportation (TxDOT), and US Army Corps of Engineers. C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@5405E705\@BCL@5405E705.DOCX The Construction project scope is as follows: Base Bid — New concrete roadway to replace the existing deteriorated roadway with replacement of existing wastewater, water & gas pipelines and new fire hydrants plus small wastewater lift station. New utilities will be constructed by open cut trenches. Alternate No. 1 — Installs new underground utilities in an alternate location to minimize impacts to the roadway & local businesses. Alternate No. 2 — Installs new underground utilities by boring to minimize impacts to local businesses and potential risk of delay with tidal flow impacts. This project was approved in the Bond 2012, Proposition No. 1 Street Project by the community in the general election held on November 6, 2012. Brochure description: "JFK Causeway Area Improvements $650,000.00 - This project includes access road improvements on the west and east side of the JFK Memorial Causeway. Proiect will require coordination with the Texas General Land Office and TxDOT." City Staff updated the board of the Island Strategic Action Committee (ISAC) on the JFK Causeway Area Improvements at their monthly meeting. On July 8, 2015, the City received proposals from three (3) bidders and the bidders: Contractor Base Bid Alternate 1 Alternate 2 Bridges Specialties, Inc. Robstown, Texas $1,291,678.21 $1,271,906.13 $1,390,236.59 Jhabores Construction Company, Inc. Corpus Christi, Texas $1,440,514.00 $1,406,338.75 $1,341,195.50 Clark Pipelines Services, LLC. Corpus Christi, Texas $1,397,248.13 $1,448,032.73 $1,446,243.01 ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, Urban Engineering conducted a bid analysis of the three (3) proposals submitted in response to the City's bid solicitation. Urban Engineering found that Bridges Specialties, 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 C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@5405E705\@BCL@5405E705.DOCX FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $15,100.00 $1,718,744.94 $0.00 $1,733,844.94 Encumbered / Expended Amount $15,100.00 $0.00 $0.00 $15,100.00 This item $ $1,271,906.13 $0.00 $1,271,906.13 Future Anticipated Expenditures This Project $0.00 $403,447.96 $0.00 $403,447.96 BALANCE $0.00 $43,390.85 $0.00 $43,390.85 Fund(s): ST 34 Comments: RECOMMENDATION: City staff recommends that the construction contract be awarded to Bridges Specialties, Inc. of Corpus Christi, Texas in the amount of $1,271,906.13 for JFK Causeway Area Improvements BOND 2012 for the total Base Bid plus Additive Alternative No.1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@5405E705\@BCL@5405E705.DOCX PROJECT BUDGET ESTIMATE JFK Causeway Area Improvements BOND 2012 PROJECT FUNDS AVAILABLE: Street Bond 2012 $ 650,000.00 Water CIP 560,677.57 Wastewater CIP 523,167.37 TOTAL 1,733,844.94 FUNDS REQUIRED: Construction: Construction (Bridges Specialties) 1,271,906.13 Streets 531,635.85 Water 290,436.22 Wastewater 449,834.06 Contingency (7.5%) 95,392.96 Construction Materials Testing (Rock) 8,774.00 Construction Inspection (In House) 52,000.00 Design Fees: * Engineering (Urban Engineering) 172,720.00 RH Shackelford, Inc 8,543.00 Geotechnical Study and Testing (Rock) 15,100.00 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) (1.75%) 30,342.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (2.00%) 34,676.00 Misc. (Printing, Advertising, etc.) 1,000.00 TOTAL 1,690,454.09 ESTIMATED PROJECT BUDGET BALANCE $ 43,390.85 * Original Contract Awarded on January 29, 2013 - M2013-025 4 Corpus Chr sti Capital Programs JFK Causeway Area Improvements BOND 2012 Council Presentation August 25, 2015 Project Scope JFK Causewa Va Snoopy's Pier Project was Coord. w/TxDOT GLO & USACE (Permit) Corpus Chr sti Capital Programs Project includes: • Access road improvements on the south side of the causeway • New wastewater, water and gas lines • New fire hydrant • New wastewater lift station 2 Project Schedule i•r4) Corpus Chrsti Capital Programs 2013 2014 2015 2016 1st Q 2nd Q 3rd Q 4th Q 1st Q 2nd Q 3rd Q 4th Q Jan Feb Mar Apr Design May Jun Jul Aug Bid Sep Oct Nov Dec Jan Feb Construction Project Estimate: 180 Calendar Days 6 Months DOC'S Seafood and Steaks - Snoopy's Pier PROJECT LOCATION LOCATION MAP NOT TO SCALE Project was Coord. w/TxDOT GLO & USACE (Permit) PROJECT: E12107 JFK Causeway Area Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 25, 2015 Action Item for the City Council Meeting of September 8, 2015 DATE: August 3, 2015 TO: Ronald L. Olson, City Manager FROM: Emily Martinez (361) 882-7448 emartinez@ccredc.com Agreement for temporary tax abatement for the development located in the 6000 block of Bear Lane CAPTION: Resolution authorizing the execution of an agreement with Cameron International Corporation providing for temporary property tax abatement PURPOSE: Granting a tax abatement to Cameron International for a term of up to eight years. BACKGROUND AND FINDINGS: Cameron International Corporation submitted an application for incentives to the City of Corpus Christi requesting tax abatement for a facility located in the 6000 block of Bear Lane. The development is located within a Texas Enterprise Zone catalyst area. In accordance with the City's Tax Abatement Guidelines and Criteria, Cameron is seeking tax abatement as per section 2 (i)(3) of the Guidelines: The level of any New Facility, Expansion, or Modernization that is located within a Catalyst Area or that is a Locally -Owned Facility is increased by one level above the standards set forth in Section 2(i)(1) and (2) above, with a minimum level of 3 for any project. Further, if a Facility qualifies under both the capital investment qualification criteria and the new jobs and salary criteria, the Facility will be increased by one level above the highest criteria level achieved. Level 3 provides a maximum number of 8 years tax abatement, including up to 2 years during construction. The increment value of the City's ad -valorem tax will be abated based on the following schedule: • Years 1-5 100% (not to exceed 2 years for construction) • Year 6 75% • Year 7 50% • Year 8 25% Cameron International Corporation (CAM) plans to construct a new facility to serve as both new manufacturing and remanufacturing of CAM Frac Valve and Gate Valve/Components servicing South Texas and North American assets. The capital improvements will include machine tools such as CNC Horizontal Boring Mills, CNC Horizontal Machining Centers, CNC Lathes and Robotic Clad welding machines. The building and site will consist of the following: 105,405 square foot building which includes: 11,825 SF office (level 1); 11,825 SF office, 73,000 SF workshop; 8,800 SF warehouse and 10 acres of stabilized yard. The total capital investment for site, building and equipment is approximately $29 million. They will create forty (40) new jobs. ALTERNATIVES: There are no other incentives available to a project this size. It is below the investment limits for a County or College District abatement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This tax abatement is eligible for a Level 3 treatment. It is in a catalyst area as defined by the City Council. EMERGENCY / NON -EMERGENCY: NON -EMERGENCY FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ 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 515,032 515,032 BALANCE 515,032 515,032 Comments: The amount of property taxes for ten years, based on the City's current rate, for the unimproved property would be $10,356. With the tax abatement, the amount of property tax collected over the base amount of $10,356, will be $515,032 in new tax revenues to the City. West Oso ISD would receive more than $4 million over the next ten years from this development. RECOMMENDATION: Staff recommends approval to grant a temporary tax abatement to Cameron International, the owner of taxable property located of in the 6000 block of Bear Lane in accordance with the City's Tax Abatement Guidelines and Criteria. LIST OF SUPPORTING DOCUMENTS: Resolution — Cameron Agreement - Cameron Page 1 of 3 Resolution Authorizing the execution of an agreement with Cameron International Corporation providing for temporary property tax abatement Whereas, the Texas Property Redevelopment and Tax Abatement Act (the "Act"), Texas Tax Code, Chapter 312, as amended, authorizes the City of Corpus Christi, Texas (the "City") to enter into tax abatement agreements for projects meeting the guidelines and criteria for granting tax abatement duly adopted by the City; and Whereas, an application for temporary tax abatement has been filed with the City by Cameron International Corporation for the construction of a facility in the City; and Whereas, the property to be covered by the proposed tax abatement agreement is located in the city limits of the City within an area designated as a reinvestment zone eligible for property tax abatement under the provisions of the Act; and Whereas, the project is not located on property that is owned or leased by a person who is a member of the City Council of the City of Corpus Christi; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council finds and determines that the terms of the proposed agreement with Cameron International Corporation providing for temporary property tax abatement and the property subject to the proposed agreement meet the applicable guidelines and criteria, as amended, adopted by the City. The City Council further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long term benefit of the City. SECTION 2. The Tax Abatement Agreement with Cameron International Corporation, attached as Exhibit A, is approved, and the City Manager is authorized to execute the agreement. This resolution takes effect upon City Council approval on this the day of , 2015. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary @BCL@8405436A Nelda Martinez Mayor Corpus Christi, Texas of , 2015 The above resolution was passed by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Chad Magill @BCL@8405436A Page 2 of 3 EXHIBIT A @BC L@8405436A Page 3 of 3 TAX ABATEMENT AGREEMENT This Tax Abatement Agreement ("Agreement") is made and entered into by and between the City of Corpus Christi, Texas ("City") and Cameron International Corporation, a foreign Delaware for profit corporation ("Owner'), the owner of taxable property in the City of Corpus Christi, Texas, located on 6045 Bear Lane, Corpus Christi, Nueces County, Texas ("Property"). I, AUTHORIZATION This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Texas Tax Code, Chapter 312, as amended ("Act"), and is subject to the laws of the State of Texas and the charter, ordinances, and orders of the City. II. DEFINITIONS A. As used in this Agreement, the following terms have the following meanings: 1. "Abatement" means the temporary or partial exemption from ad valorem taxes of certain added value to real, including certain improvements, and personal property in a zone designated for economic development purposes under the Act. 2. "Base Year Value" means the assessed value of the Improvements on the Property as certified by the Nueces County Appraisal District as of January 1, 2015, plus the agreed upon value of any Improvements made after January 1, 2015 but before the execution of this Agreement. 3. "Construction Phase" means the period during which a material and substantial improvement of the Property occurs which represents a separate and distinct construction operation undertaken for the purpose of erecting the Improvements. (a) The Construction Phase ends upon the earliest to occur of the following events: (1) When a certificate of occupancy is issued for the project (if within City limits). (2) When commercial production of a product or provision of a service is achieved at the facility. (3) Two (2) years after the date of this Agreement. (b) The determination of the end of the Construction Phase is made by the City, in its sole and absolute discretion, based upon the above criteria and the other factors as the City may deem relevant. (c) The determination of the end of the Construction Phase by the City is conclusive, and any judicial review of the determination is governed by the substantial evidence rule. 4. "Eligible Property" means the buildings, structures, site improvements, and that office space and certain personal property necessary to the operation and administration of the Page 1 of 13 Facility to be constructed under this Agreement. A list of the Eligible Property is set forth in the Project Description, which is attached to this Agreement as Exhibit A and made a part of this Agreement. During the Construction Phase of the Eligible Property, the Owner may make the change orders to the Eligible Property as are reasonably necessary to accomplish its intended use, provided that no change order may be made which will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. 5. "Facility" means a Basic Manufacturing or Service Facility, Regional Distribution Center Facility, Regional Telecommunications/Data Processing Center Facility, Regional Visitor Amusement Facility, Central Business District (CBD) Residential Facility, Renewal Community Facility, or Petrochemical Facility approved by the City as set forth in the Guidelines and Criteria for Granting Tax Abatement adopted by the City. 6. "Improvements" means the buildings, portions of buildings, and other improvements, including fixed machinery and equipment, used for commercial or industrial purposes on the Property. 7. "Ineligible Property" means land; inventories; supplies; tools; furnishings and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased; any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the Facility; improvements to real property which have an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated, or directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the City. 8. The Guidelines and Criteria for Granting Tax Abatement adopted by the City are incorporated as a part of this Agreement. Except as the guidelines and criteria are specifically modified by this Agreement, all definitions in the guidelines and criteria are applicable to this Agreement. 111. PROPERTY A. The Property is an area within the City of Corpus Christi, Texas, located in whole or in part within the jurisdiction of the City, and is more fully described in Exhibit B, which is attached to this Agreement and made a part of this Agreement. The City represents and the Owner acknowledges that the Property is located within a zone for tax abatement established under Chapter 312 of the Texas Tax Code, as amended, by the City of Corpus Christi, Texas. B. The City represents and the Owner acknowledges that the Nueces County Appraisal District has established the following values for the Property as of the January 1, 2015 valuation date, which is prior to the date of execution of this Agreement. Account No. 3895-0001-0020 (R249797) Improvements EQ C. The City and the Owner agree that the value of any additions to the Improvements made after January 1 or not otherwise reflected on the above valuation of Improvements is: Page 2 of 13 Additional Improvements: D. Addition of the above amount to the valuation of the Improvements as of the January 1 valuation date prior to the date of execution of this Agreement results in a Base Year Value as follows: Base Year Value: IV. TERM OF ABATEMENT AND AGREEMENT A. The City agrees to abate the ad valorem taxes on the Eligible Property under this Article and pursuant to Articles V and VI of this Agreement. The Abatement is effective with the January 1, 2016 valuation date immediately following the date of execution of this Agreement, and the Abatement continues for up to two (2) years during the period of the Construction Phase and for the next six (6) full tax years after the Construction Phase, expiring as of December 31 of the 2023 tax year (collectively, the "Abatement Period"). If the period of the Construction Phase exceeds two (2) years, the Facility is considered completed for purposes of Abatement, and in no case may the period of Abatement, inclusive of construction and completion exceed eight (8) tax years. The years of Abatement provided in this Agreement in each instance coincide with the tax year commencing on January 1, 2016 and expiring on December 31, 2023 and in no event may the Abatement extend beyond December 31 of the 2023 tax year. This Abatement also covers as Eligible Property those supplemental improvements to the Eligible Property that are added or constructed during the post -construction two (2) year period of Abatement. In no event, however, may the total Abatement period for the Eligible Property exceed the maximum six (6) year Abatement period for the entire project as specified in this Agreement. B. The term of this Agreement continues for a period of five (5) years following expiration of the Abatement Period. All terms and conditions imposed upon the Owner continue in effect during the Abatement Period, and the Owner is obligated specifically to continue the minimum employment levels specified in this Agreement during the Abatement Period. Any default is subject to the provisions of Article VIII of this Agreement. V. TAXABILITY During the period that the Abatement is effective, taxes are payable as follows: 1. The value of the land comprising the Property is fully taxable. 2. The Base Year Value of existing Improvements comprising the Property is fully taxable. 3. The value of Ineligible Property is fully taxable. VI. AMOUNT OF ABATEMENT A. The Abatement provided by this Agreement is based upon a Manufacturing Facility located in an enterprise zone. Owner represents and warrants that this project will add forty (40) new jobs additional and retain one hundred fourteen (114) permanent or full-time operating or contract employees and will maintain the same level of employment for the term of the Abatement Period. The percentage of tax abated is under the following schedule: Page 3 of 13 Percentage of Abatement Construction Period (not to exceed 2 years) 100% Year I (January 1- December 31, 2018 tax year) 100% Year 2 (January 1- December 31, 2019 tax year) 100% Year 3 (January 1 —December 31, 2020 tax year) 100% Year 4 (January 1- December 31, 2021 tax year) 75% Year 5 (January 1- December 31, 2022 tax year) 50% Year 6 (January 1 -December 31, 2023 tax year) 25% B. In order to be counted as a permanent job under this Agreement, the job must be a full-time position providing regular work schedules at least 35 hours per week. For compliance purposes, the determination date is January 1 of each year commencing with the January 1 following the date of completion of construction. The percentage of abatement provided each year under this Agreement is based upon the employment information as of January 1 of the year. As a result, the actual amount of abatement may vary from year to year based upon employment levels and property valuations. C. At the time of execution of this Agreement, the Owner states to the City that the minimum investment comprising permanent Improvements upon completion of the Construction Phase is: $29,000,000 ("Minimum Investment"), of which $16,000,000 is eligible for tax abatement. VII. CONTEMPLATED IMPROVEMENTS A. The contemplated improvements are set forth in the Project Description attached as Exhibit "A." During the Construction Phase, the Owner may make the change orders to the project that are reasonably necessary, provided that no change order may be made that will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. All improvements must be completed under all applicable laws, ordinances, rules or regulations. During the term of this Agreement, use of the Property is limited to operation of the Facility described in the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. Page 4 of 13 B. Owner represents and warrants that this project will add forty (40) new jobs and retain one hundred fourteen (114) permanent or full-time operating or contract employees, and Owner will maintain the same level of employment or higher from Year 1 thru Year 6 of the Abatement Period. VIII. EVENTS OF DEFAULT AND RECAPTURE A. Failure to Commence Operation During Term of Agreement. In the event that the Facility is not completed and does not begin operation with the minimum number of one hundred fourteen (114) permanent jobs by the January 1, 2018, no abatement is given for that tax year, and the full amount of taxes assessed against the Property is due and payable for that tax year. B. Discontinuance of Operations During Abatement Period. In the event the Facility is completed and begins operation with the required minimum number of permanent jobs, but subsequently discontinues operations or the minimum number of permanent jobs is not maintained on any January 1 during the years within the Abatement Period after the completion of construction, for any reason except on a temporary basis due to fire, explosion, or other casualty, accident, or natural disaster, the Agreement may be terminated by the City, and all taxes abated for the calendar year(s) in which the default occurred by virtue of this Agreement are recaptured and must paid within 60 days of the termination. C. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent or fails to timely and properly follow the legal procedures for their protest or contest, this Agreement terminates and the abatement of the taxes for the calendar year of the delinquency also terminates. The total taxes assessed without abatement for that calendar year must be paid within sixty (60) days from the date of termination. Penalty and interest do not begin to accrue on the additional amount of taxes due as the result of recapture under this provision until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrues under the laws of the State of Texas. Penalty and interest on the amount of taxes originally levied based upon the Abatement begin to accrue as of the date the taxes were due under the laws of the State of Texas. D. Notice of Default. Subject to Section VIIIB, should the City determine that the Owner is in default under the terms and conditions of this Agreement, City must notify the Owner that if the default is not cured within sixty (60) days from the date of the notice ("Cure Period"), then this Agreement may be terminated, In the event the Owner fails to cure the default during the Cure Period, this Agreement may be terminated and the taxes abated by virtue of the Agreement for the calendar year in which the default was not cured by the expiration of the Cure Period will be recaptured and must be paid as provided in this Agreement. E. Actual Investment. Should the Company not reach the Minimum Investment as stated in Section 6. C., the difference between the tax abated on the Minimum Investment and the tax that should have been abated based upon the actual investment as determined by the City must be paid within 60 days of notification to the Owner of the determination. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrue under the laws of the State of Texas, F. Reduction in Rollback Tax Rate. 1. If during any year of the Abatement Period any portion of the abated value is added to the current total value of the City, but is not treated as "new property value" (as Page 5 of 13 defined in Section 26.012 (17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" under Section 26.04 (c) (2) of the Texas Tax Code and if the City's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City recaptures from the Owner a tax in an amount equal to the lesser of the following: (a) The amount of the taxes abated for that year by the City with respect to the Property. (b) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the City. 2. If the City has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated under subparagraph (b) above is prorated on the basis of the value of the abatement with respect to each taxpayer. 3. This event does not constitute a "default" under this Agreement, and the sixty (60) day Cure Period provided above does not apply. The recaptured taxes must be paid within thirty (30) days after notice of the rollback in tax rate has been given to the Owner. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the thirty (30) day notice, at which time penalty and interest accrue under the laws of the State of Texas. G. Continuation of Tax Lien. 1. The amount of tax abated each year during the Abatement Period is secured by a first and prior tax lien, which continue in existence from year to year until the time as this Agreement between the City and Owner is fully performed by Owner, or until any and all taxes, whether assessed or recaptured, are paid in full in accordance with the terms of this Agreement. H. City Council Reserves Right to Terminate of Modify Agreement. In the event of any default by Owner, the City Council reserves the right to terminate or modify this Agreement. I. Owner's right to appeal. 1. Owner must be afforded written notice of the default and the opportunity to cure as provided above. 2. If Owner believes the action was improper, Owner may file an appeal in Nueces County district court within sixty (60) days after written notice of the action by the City. 3. Owner shall remit to the City, within the 60 -day period, any additional or recaptured taxes levied under the payment provisions of Texas Tax Code § 42.08. 4. If the final determination of the appeal increases Owner's tax liability above the amount paid, Owner shall remit the additional tax under Tax Code § 42.42. Page 6 of 13 5. If the final determination of the appeal decreases Owner's tax liability, the City will refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable under Tax Code § 42.43. IX. ADMINISTRATION A. Inspections. The Owner shall allow employees and/or representatives of the City to have access to the Property during the term of this Agreement to inspect the Facility to determine compliance with the terms and conditions of this Agreement. All inspections will be made during normal business hours and only after the giving of twenty-four (24) hours prior notice, and conducted in the manner as to not unreasonably interfere with the construction or operation of the Facility. All inspections must be made with one or more representatives of the Owner and under Owner's safety standards. B. Appraisals. 1. The Chief Appraiser of the Nueces County Appraisal District annually determines: (a) The taxable value of the real and personal property comprising the Property taking into consideration the Abatement provided by this Agreement. (b) The full taxable value without Abatement of the real and personal property comprising the Property. 2, The Chief Appraiser records both the abated taxable value and the full taxable value in the appraisal records. 3. Each year the Owner shall furnish the Chief Appraiser with the information outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary for the administration of the Agreement specified in this Agreement. C. Annual Reports. 1. Owner shall certify to the governing body of the City on or before April 1 each year that the Owner is in compliance with each applicable term of this Agreement. 2. Additionally, during the initial four years of the Abatement Period, Owner shall provide to the City an annual report covering those items listed on Schedule I attached to this Agreement in order to document the efforts of the Owner to acquire goods and services on a local basis. 3. The annual report is prepared on a calendar year basis and is submitted to the City no later than ninety (90) days following the end of each the calendar year. 4. Submit to the Nueces County Appraisal District an Application for Property Tax Abatement Exemption (Texas Comptroller of Public Accounts Property Tax Form 50- 116). A copy must be forwarded to the City. D. Utilization of Local Contractors and Suppliers. Owner 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 Page 7 of 13 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, excluding any equipment related purchase contracts. 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. Owner agrees, during the construction of the Project and for four years after completion of the Construction Phase, to maintain written records documenting the efforts of Owner 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 Owner 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. E. Utilization of Disadvantaged Business Enterprises ("DBE'). Owner 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. Owner 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. Owner agrees, during the construction of the Project and for four years after completion of the Construction Phase, to maintain written records documenting the efforts of Owner 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 Owner 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. F. Living Wage Requirement. In order to count as a permanent full-time job under this tax abatement program, the job should provide a "living wage" for the employee. The target living wage under this abatement program 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. G. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the Abatement Period. H. Undocumented Workers. Owner does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, [Company] is convicted of a violation under §U.S.C. Section 1324a(f), [Company] shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date [Company] has been notified of the violation. X. ASSIGNMENT Page 8 of 13 A. The Owner may assign this Agreement to any one or more corporation(s), 50% or more of the outstanding voting securities of which are owned, directly or indirectly, by one of the Owners, or any partnership(s) or limited partnership(s) in which an Owner, or a subsidiary of an Owner, is a general partner. B. The Owner may assign this Agreement to any other new owner or lessee of the Facility with the prior written consent of the City, which consent may not be unreasonably withheld. C. Any assignment must provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor and become the Owner upon the same terms and conditions as set out in this Agreement. D. In the event more than one entity is Owner under this Agreement, the obligations of the entities are joint and several. E. Any assignment of this Agreement is to an entity that must provide substantially the same improvements to the Property, except to the extent the improvements have been completed. F. No assignment is approved if the Owner or any assignee is indebted to the City for ad valorem taxes or other obligations. XI. NOTICES A. Any notice required to be given under the provisions of this Agreement must be in writing and is duly served when deposited, with the proper postage prepaid, and registered or certified, return receipt requested, with the United States Postal Service, addressed to the City or Owner at the addresses listed below. B. If mailed, any notice or communication is deemed to be received three days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, all notices are delivered to the following addresses: To the City: To the Owner: CITY OF CORPUS CHRISTI 1201 Leopard Street P. 0. Box 9277 Corpus Christi, Texas 78469 Attn: City Manager Cameron International Corporation 1333 West Loop South Suite 1700 Houston, Texas 77027 Attn: Director of Corporate Real Estate C. Either party may designate a different address by giving the other party ten days written notice. Page 9 of 13 This Agreement has been executed by the parties in multiple originals or counterparts, each having full force and effect. Executed this day of , 2015. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: Rebecca Huerta Ronald L. Olson City Secretary City Manager APPROVED AS TO FORM: day of , 2015. Assistant City Attorney For City Attorney OWNER: CAM By: Printed Name. Title: ERNATIONAL CORPORATION H. Keith Jennings VP & Treasurer ACKNOWLEDGMENT STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF Harris This instrument was acknowled ed before me on ZC1 , 2015, by i} -i. �:E11.-V►C�,�liill 51195 Vr-+ at.COALIA.Cameron International Corporation, a Delaware for profit corporation, on behalf of the corporation. ",,, SHERRY CROW ♦`PNS PVl,61 °' ' ''s Notary Public, State of Texas '.. A..:d My Commission Expires T' November 15, 2017 NOTARY PUBLIC, State of Texas Page 10 of 13 SCHEDULE 1 "Buy Local" Annual Reports The following information is reported to the City on a calendar -year basis during the first four years of the Abatement Period: 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials (total). 3. Dollar amount spent for labor** (local). 4. Dollar amount spent for labor** (total). 5. Number of jobs created in the construction project (local). 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). * "Materials" are defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily -available locally. ** "Labor" is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. 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. Page 11 of 13 Exhibit A Project Plan Cameron International Corporation (CAM) plans to construct a new facility to serve as both new manufacturing and remanufacturing of CAM Frac Valve and Gate Valve/Components servicing South Texas and North American assets. The capital improvements will include machine tools such as CNC Horizontal Boring Mills, CNC Horizontal Machining Centers, CNC Lathes and Robotic Clad welding machines. The building and site will consist of the following: 105,405 square foot building which includes: 11,825 SF office (level 1); 11,825 SF office, 73,000 SF workshop; 8,800 SF warehouse and 10 acres of stabilized yard. The total capital investment for site, building and equipment is approximately $29 million. Page 12 of 13 EXHIBIT B Property Description Being a tract situated in Corpus Christi, Nueces County, Texas, generally described as the Northeast 40.0 acres of Lot 1 of the Subdivision of the Margaret Kelly Land, as shown by map thereof recorded in Volume 8 at Page 40, Map Records of Nueces Country, Texas, and being that tract described in the Deed from Eleanor M. Kelly to The Sisters of Divine Providence, Our Lady of the Lake Convent, San Antonio, Texas, recorded Volume 972 at Page 356 of the Deed Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron rod with a cap, found in the centerline of Bear Lane for the northeast corner of Lot 1 of the Subdivision of the Margaret Kelly Lands and the northeast corner of this tract; THENCE S 1°11'13" E along the east boundary of Lot 1 at 30.0 feet pass a 5/8 inch iron rod found for a point in the south right-of-way line of Bear Lane at 50.0 feet pass a 1/4 inch iron pipe found for the northwest corner of Lot 1, Industrial Technology Park Unit, as shown on the map thereof recorded in Volume 46 at Page 105-107, Map Records of Nueces County, Texas, and in all a distance of 1333.46 feet to a 5/8 inch road with an aluminum cap for the southeast corner of this tract; THENCE S 88037'10" W a distance of 1307.04 feet to a 5/8 inch rod with an aluminum cap found for the southwest corner of this tract; THENCE N 1°11'13" W at 1303.46 fee pass a 5/8 inch iron rod with an aluminum cap found in the south right-of-way of Bear Lane and in all a distance of 1333.46 feet to a 5/8 inch iron rod set in the centerline of Bear Lane for the northwest corner of this tract; THENCE N 88°37'10" E along the centerline of Bear Lane, a distance of 1307.04 feet to the point of beginning, forming a tract embracing 40.01 acres, 0.90 acres of which lie within the right-of-way of Bear Lane leaving a net acreage of 39.11 acres of land, more or less. Page 13 of 13 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 25, 2015 Action Item for City Council Meeting September 8, 2015 DATE: 8/10/2015 TO: Ronald L. Olson, City Manager THRU: Susan K. Thorpe, Assistant City Manger SThorpe@cctexas.com 361-826-3898 Eddie Ortega, HCD Director EddieO@cctexas.com 361-826-3234 FROM: Rudy Bentancourt, CD Administrator RudyB@cctexas.com 361-826-3021 Approve the FY2015-2016 HOME Program set-aside funds. CAPTION: Motion to approve the allocation of FY2015-2016 HOME Program set-aside funds to 911 Glenoak Apartments in the amount of $300,000. PURPOSE: Purpose of the motion is for the City Council to approve the FY2015-2016 HOME Program set-aside funds for one project which has received Texas Department of Housing and Community Affairs (TDHCA) Housing Tax Credits. BACKGROUND AND FINDINGS: On February 17, 2015, the Christi Community Improvement Corporation passed a Resolution in support of the proposed affordable housing project known as 911 Glenoak Apartments who was requesting local support from the U.S. Department of Housing and Urban Developments (HUD) HOME Program funds. On July 14, 2015, City Council approved to set-aside HOME FY2015 funds for affordable housing projects which were also applying for TDHCA Housing Tax Credits. The TDHCA Board of Directors met on July 30, 2015 for a discussion on the proposed Housing Tax Credit projects. TDHCA awarded Housing Tax Credits to the 911 Glenoak Apartments projects. The City set-aside $303,966 for the HOME Housing Tax Credit proposed projects which were submitted to TDHCA for possible Housing Tax Credit Support. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval is required. EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2015-2016 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: HCD requests the passing of the motion. LIST OF SUPPORTING DOCUMENTS: Attachment D FY2015 HOME ATTACHMENT "D" RECOMMENDED FY2015 HOME PROGRAM FY2015 HOME Allocation Reprogrammed Funds TOTAL FUNDS AVAILABLE FOR FY2015 HOME PROGRAM $837,740 $100,000 $937,740 # PROJECT & DESCRIPTION Request Staff Recomm City Council Adopt 1 HOME Administration/Technical Assistance Administrative funds for .75 FTE staff, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program management. Staff training and administrative expenses are also included in request. Technical assistance will be provided to enhance the capacity of CHDO's, non -profits, owners/investors of rental property and other organizations that may participate in the program. The amount indicates 10% of the allowed 10% for administrative costs. $83,774 $83,774 $83,744 2 Homebuyer Assistance Program (up to $10,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. $200,000 $200,000 $200,000 3 Rehabilitation Program Provide loans/grants to Veteran low income homeowners which will assist them with major rehabilitation or demolition/reconstruction of their homes. $350,000 $350,000 $350,000 INTERDEPARTMENTAL TOTAL $633,774 $633,774 $633,744 NON- PROFIT ORGANIZATIONS - Funding determination will be made no later than October 1, 2015 1 Glenoak Apartments (CHDO)* Glenoaks Apartments, located on 711 Glenoak, is an affordable housing multi -family community consisting of 68 units which serve low-income families, seniors, and individuals. The project will propose to demolish and reconstruct the existing complex. The development will be financed primarily through the Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits. Glenoak Apartments serves residents at 30%, 50%, and 60% area median income. Total project cost: $14,002,820 $300,000 $300,000 CHDO Total $300,000 $300,000 HCD Projects Total $633,774 $633,774 $633,774 Overall Total $933,774 $633,774 $633,774 * Total Set -Aside to be determined no later than October 1, 2014 $300,000 *HOME Subrecipient Agencies who submitted HOME FY2015 funding will be awarded funding no later than October 1, 2015 after determination of which agencies received Housing Tax Credits from the Texas Department of Housing and Community Affairs* 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 25, 2015 Action Item for the City Council Meeting of September 8, 2015 DATE: August 10, 2015 TO: Ronald L. Olson, City Manager THRU: Susan Thorpe, Assistant City Manager SThorpe@cctexas.com 361.826.3898 Eddie Ortega, Director Edd ieO@cctexas.com 361.826.3224 FROM: Rudy Bentancourt, CD Administrator RudyB@cctexas.com 361.826.3021 Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation CAPTION: Annual Board of Directors Meeting of the Corpus Christi Community Improvement Corporation (CCCIC). PURPOSE: To provide an Annual Board Meeting, to appoint new City Council members to the CCCIC, Elect Officers, and to provide a loan commitment for the 911 Glenoak Apartment projects from FY2015 HOME funding. BACKGROUND AND FINDINGS: The City Council acts as the Board of the CCCIC. With the election of new City Council members Brian Rosas, Carolyn Vaughn, and Lucy Rubio, it is necessary for the Board to appoint them to the CCCIC Board. The CCCIC is also required to select a President and Vice President during the Annual Board of Directors Meeting. The Bylaws of the CCCIC provide for the following officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, and General Manager. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by persons on City staff holding the function equivalent positions. The recommendation are as follows: Secretary Rebecca Huerta Assistant Secretary Paul Pierce Treasurer Constance P. Sanchez Assistant Treasurer Alma Casas General Manager Ronald L. Olson On February 17, 2015 the Corpus Christi Community Improvement Corporation passed a Resolution in support of the proposed affordable housing project known as 911 Glenoak Apartments. On July 14, 2015, the City Council approved to set aside HOME FY2015 funding requested for 911 Glenoak Apartments in the amount of $300,000. On July 30, 2015, the Texas Department of Housing and Community Affairs approved to provide the 911 Glenoak projects with Housing Tax Credits (HTC's). The motion will be to approve the loan commitment terms for the project subject to the execution of the funding agreement. In order to secure the HTC's, the project must receive a firm commitment from the local government of the project location. A firm commitment is defined as an executed agreement. The 911 Glenoak Apartments, located at 711 Glenoak Dr., Corpus Christi, TX 78418, will involve the demolition and reconstruction of 68 apartments (64 — Section 8) serving senior citizens, low-income families and individuals. The development will be financed primarily through Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi at 3% for a 40 year term with payments amortized over 40 years paid from available net cash flow. Discussion, and possible action, will involve the approval of the loan commitment made from FY2015 funds provided through the U. S. Department of Housing and Urban Development's HOME Program. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCCIC policies. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires only one meeting of the CCCIC Board. DEPARTMENTAL CLEARANCES: Housing and Community Development and City Secretary's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Recommendation is requested to approve the loan commitment term for the proposed project to secure TDHCA funding. LIST OF SUPPORTING DOCUMENTS: Agenda for Meeting Unapproved October 28, 2014 Board Meeting Minutes Treasurers Report Bylaws AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ANNUAL MEETING DATE: Tuesday, September 8, 2015 TIME: PLACE: During the meeting of the City Council beginning at 11:30 a.m. City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Vice President Lillian Riojas calls the meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Vacant, President Lillian Riojas, Vice President Rudy Garza Colleen McIntyre Chad Magill Nelda Martinez Mark Scott Officers Ron L. Olson, General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer 3. Appointment of Brian Rosas, Carolyn Vaughn, and Lucy Rubio to the CCCIC Board. 4. Election of Officers: President Vice President Secretary Assistant Secretary Treasurer Assistant Treasurer General Manager 5. Approval of the minutes of October 28, 2014. 6. Financial Statement 7. Motion to approve a loan commitment of $300,000 for the 911 Glenoak Apartment project, loan to be made from funds provided through the U. S. Department of Housing and Urban Development's HOME Program at 3% interest for a 40 -year term with payments amortized over 40 years and paid from available net cash flow, subject to execution of the funding agreements. 8. Public Comment 9. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC) REGULAR MEETING October 28, 2014 1:54 P.M. PRESENT Board of Directors Kelley Allen, President Lillian Riojas, Vice -President Rudy Garza David Loeb Colleen McIntyre Chad Magill Nelda Martinez ABSENT Mark Scott Priscilla Leal Officers Ron L. Olson, General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer President Allen called the meeting to order in the Council Chambers of City Hall at 1:54 p.m. Secretary Huerta verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Allen moved to Item 3 and called for the approval of the minutes from the July 8, 2014 meeting. Ms. McIntyre made a motion to approve the minutes as presented, seconded by Mr. Garza, and passed. President Allen moved to Item 4 and called for the Financial Statement. Treasurer Constance Sanchez referred to the summary of transactions for the twelve months ending July 31, 2014 and the fund balance was $14,790,154. The Board had no questions. President Allen moved to Item 5. Director of Neighborhood Services Department (NSD), Mr. Eddie Ortega, explained that Item 5 is a motion to approve a loan commitment of $918,000 for the Lexington Manor Apartment project, and that the loan to be made is from funds provided through the U. S. Department of Housing and Urban Development's HOME Program at 3% interest for a 40 -year term with payments amortized over 40 years and paid from available net cash flow, subject to execution of the funding agreements. President Allen asked for discussion from the Directors. Ms. McIntyre asked what the difference was between the interest rates for Item 5 and Item 6. Mr. Ortega stated those were the interest rates presented by the developers and approved by the Department of Housing and Community Affairs. Ms. Martinez asked Mr. Ortega to provide the loan structures in the future. President Allen called for public comment on Item 5. There was none. A motion to approve Item 5 was made by Ms. Martinez, seconded by Mr. Garza, and passed. Secretary Huerta stated for the record that Mr. Scott abstained from this item. President Allen moved to Item 6. Director of Neighborhood Services Department (NSD), Mr. Eddie Ortega, explained that Item 6 is a motion to approve a loan commitment of $900,000 1 for the Riverstone Apartment project, and that the loan to be made is from funds provided through the U. S. Department of Housing and Urban Development's HOME Program at 1% interest for a 40 -year term with payments amortized over 40 years and paid from available net cash flow, subject to execution of the funding agreements. President Allen asked for discussion from the Directors. There was none. President Allen called for public comment on Item 6. There was none. A motion to approve Item 6 was made by Mr. Garza, seconded by Ms. McIntyre, and passed. President Allen called for public comment. There was none. There being no further business to come before the Board, President Allen adjourned the meeting at 1:59 p.m. on October 28, 2014. 2 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET June 30, 2015 ASSETS Loan Program Special Project HOME Program Fund Fund Fund Total Cash and investments 1,993,129 3,611 734,354 2,731,093 Due from U S Government/Other Fund 36,154 0 369,698 405,852 Mortgages receivable, net of allowance 7,834,322 0 3,802,826 11,637,148 accumulated depreciation) 79,559 0 0 79,559 Total assets 9,943,163 LIABILITIES AND FUND BALANCE 3,611 4,906,878 14,853,651 Liabilities: Deposits 15,650 0 158 15,808 Due to other funds 38,534 0 39,751 78,285 Total liabilities 54,183 0 39,909 94,093 Fund Balance: Reserved for mortgages 7,834,322 0 3,802,826 11,637,148 Reserved for Investments 79,559 0 0 79,559 Unreserved 1,975,099 3,611 1,064,143 3,042,853 Total fund balance 9,888,980 3,611 4,866,969 14,759,559 Total liabilities and fund balance 9,943,163 3,611 4,906,878 14,853,651 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE TWELVE MONTHS ENDING JUNE 30, 2015 Loan Program Special Project HOME Program Fund Fund Fund Revenues: Total Contribution from Federal Government 0 0 1,019,040 1,019,040 Interest on loans 34,159 0 12,074 46,233 Interest on investments 135 1 54 189 Miscellaneous 1,561 0 250,674 252,235 Total revenues 35,855 1 1,281,841 1,317,697 Expenditures: Grants 40,075 0 0 40,075 Loan processing 1,848 0 1,160,695 1,162,543 Miscellaneous 8,176 0 0 8,176 Depreciation expense 8,702 0 0 8,702 Total expenditures Excess of revenues over expenditures 58,801 0 1,160,695 1,219,496 (22,946) 1 121,146 98,200 Other financing sources(uses): Operating transfers in(out): Total other financing sources(uses) 0 0 0 0 Excess (Deficit)of revenues and other financing sources over expenditures and other uses (22,946) Fund balances at July 31, 2014 9,911,926 Fund balances at June 30, 2015 1 121,146 98,200 3,610 4,745,823 14,661,359 9,888,980 3,611 4,866,969 14,759,559 CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION BYLAWS ARTICLE I - OFFICES Section 1.01. The principal office of the Corporation shall be in the City of Corpus Christi, County of Nueces, State of Texas. ARTICLE 11 - DIRECTORS Section 2.01. The number of Directors which shall constitute the whole Board shall be nine. The initial Directors shall serve for a period coterminous with the terms of City. Council members at the time of adoption of these bylaws. The successor Directors shall be elected for terms approximately coterminous with the terms of City Council members. Any Director may succeed himself. Section 2.02. Vacancies in the Board of Directors shall be filled for the unexpired term by the election of successor Directors by the majority vote of thre remaining Board of Directors. Section 2.03. The property and business of the Corporation shall be managed by the Board of Directors which may exercise all powers of the Corporation and do all lawful acts. Section 2.04. The annual meeting of the Board of Directors shall be held at the principal office of the Corporation during the third City Council meeting in May of each year, or at such time and place as shall be designated by the President on three days' written notice to each of the Directors. All other meetings may be held at the place selected by the Board either within or without the State of Texas. Section 2.05. Regular meetings, other than the annual meeting, may be held at such time as shall be determined by the Board. Section 2.06. Special meetings of the Board may be called by the President on three days' notice to each Director, either personally or by mail or by telegram; special meetings shall be called by the President or Secretary in like manner on like notices on the written request of two Directors. Section 2.07. At all meetings of the Board the presence of a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the Directors present at any meetings at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by these bylaws. If a quorum shall not be present at any meeting 1.. of the Directors, the Directors present thereat may recess the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present. Section 2.08. A meeting of the Directors can be held at any time without notice upon the execution by all Directors, of a written waiver of notice, and likewise may be held without notice when all of the Directors are present at the meeting. Committee of Directors Section 2.09. The Board of Directors may, by resolution or resolutions adopted by a majority of the whole Board, establish one or more committees, each committee to consist of two or more of the Directors of the Corporation, which to the extent permitted by law and if so provided in said resolution or resolutions, when the Board is not in session, shall have and exercise the powers of the Board of Directors in the management of the business and affairs of the Corporation, and may have power to authorize the seal of the Corporation to be affixed to all papers which may require it. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Section 2.10. The committees shall keep regular minutes of their proceedings and report the same to the Board when required. Section 2.11. Directors, as such, shall not receive any compensation for their services, but, by resolution of the Board a reimbursement of expenses of attendance, if any, may be allowed for attendance at such regular or special meeting of the Board. Members of special or standing committees may be allowed like reimbursement for attending committee meetings. ARTICLE III - NOTICES Section 3.01. Whenever, under the provisions of the statutes or these bylaws, notice is required to be given to any director, it shall not be construed to mean personal notice, but such notice may be given in writing, by mail, addressed to such Director at such address as appears on the books of the Corporation, and such notice shall be deemed to be given at the time when the same shall be thus mailed. Section 3.02. Whenever any notice is required to be given under the provisions of the statutes or of these bylaws, a waiver thereof in writing signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. ARTICLE IV - OFFICERS Section 4.01. The officers of the Corporation shall be chosen by the Board of Directors. the Board of Directors shall choose from its members a President and a Vice President. The Board of Directors shall also choose a Secretary and a Treasurer who may or may not be members of the Board of Directors. The Board of Directors shall, by majority vote of all members, designate a General Manager of the Corporation. The General Manager shall not be a member of the Board of Directors, but shall serve at the pleasure of the Board of Directors, and shall be under their supervision. Any two or more offices may be held by the same person, except the offices of President, Secretary, and General Manager. Section 4.02. The Board of Directors shall choose such officers at its first meeting and at each annual meeting thereafter. Section 4.03. The officers of the Corporation chosen pursuant to Section 4.02 shall serve until the next annual meeting of the Board of Directors or until their successors are chosen and qualify in their stead. Section 4.04. The Board may appoint such other officers and agents as it shall deem necessary, who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4.05. Any office elected or appointed by the Board of Directors may be removed at any time by the affirmative vote of a majority of the whole Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. The President Section 4.06. The President shall preside at all meetings of the Directors. Section 4.07. The President shall be ex officio a member of all standing committees, shall have general supervision of the management of the business of the Corporation, and shall see that all orders and resolutions of the Board are carried into effect. Section 4.08. The President shall execute bonds, mortgages and other contracts requiring a seal, under the seal of the Corporation, except where required for permitted by law to be otherwise signed and executed and except where the sighing and execution thereof shall be expressly delegated by the Board of Directors to some other officer or agent of the Corporation. Vice President Section 4.09. The Vice President shall, in the absence or disability of the President, perform the duties and exercise the powers of the President, and shall perform such other duties as the board of directors shall prescribe. -3- The Secretary Section 4.10. The Secretary shall attend all sessions of the Board and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all special meetings of the Board of Directors and shall perform such other duties as may be prescribed by the Board of Directors under whose supervision he shall be. He shall keep in safe custody the seal of the Corporation and, when authorized by the Board, affix the same to any instrument requiring it, and when so affixed, it shall be attested by his signature. And when the corporate seal is required as to instruments executed in the course or ordinary business he shall attest to the signature of the President or Vice President and shall affix the seal thereto. The Treasurer Section 4.11. The Treasurer shall have the custody of the corporate funds and the securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Corporation and shall deposit all moneys and other valuable effects in the name and to the credit of the Corporation in a depository as shall be designated by the Board of Directors. He shall disburse the funds of the Corporation as may be ordered by the Board, taking proper vouchers for such disbursements, and shall render to the President and Directors, at the regular meetings of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Corporation. The Board of Directors may appoint an Assistant Treasurer to assist the Treasurer and who, in the absence or inability of the Treasurer to serve, shall perform the duties of the Treasurer. The General Manager Section 4.12. The General Manager shall oversee and be responsible for the overall management and administration of the Corporation. Section 4.13. The Board of Directors may require the President, Vice President, the Secretary and the Treasurer to give the Corporation bonds on such sums and with such surety or sureties as shall be satisfactory to the Board for the faithful performance of the duties of their office and for the restoration to the Corporation, in case of death, resignation, retirement or removal from office, of all books, papers, vouchers, money and other property of whatever kind in their possession or under their control belonging to the Corporation. ARTICLE V - FISCAL PROVISIONS Section 5.01. The Board of Directors shall have prepared for each annual meeting a full and clear statement of the business and condition of the Corporation. -4- Checks Section 5.02. All checks or demands for money and notes of the Corporation shall be signed by and any two of the following: the President, the Vice President, the Secretary, the Treasurer, the Assistant Treasurer, the General Manager, or such other person or persons as the Board of Directors may from time to time designate. Fiscal Year Section 5.03. The fiscal year shall be determined by resolution of the Board of Directors. ARTICLE VI - SEAL Section 6.01. The corporate seal shall be circular and shall have inscribed in the outer circle the name of the Corporation, and shall have inscribed in the inner the letters "T E X A S" and a five -pointed star. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. The imprint of this seal thus authorized is affixed opposite to this section. ARTICLE VII - AMENDMENTS Section 7.01. These bylaws may be altered, changed or amended at any meeting of the Board of Directors at which a quorum is present, provided notice of the proposed alteration, change or amendment be contained in the notice of such meeting, by the affirmative vote of a majority of the Directors at such meeting and present thereat. Includes Amendments through 10-25-93 -5-