HomeMy WebLinkAboutAgenda Packet City Council - 03/29/2016City Council
Corpus Christi
Meeting Agenda - Final
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Council Chambers11:30 AMTuesday, March 29, 2016
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 inglés es limitado, habrá un intérprete
inglés-español en todas las juntas del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary
aids or services are requested to contact the City Secretary’s office (at 361-826-3105)
at least 48 hours in advance so that appropriate arrangements can be made.
A.Mayor Nelda Martinez to call the meeting to order.
B.Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church.
C.Pledge of Allegiance to the Flag of the United States to be led by Dan Grimsbo,
Interim Director of Water & Utilities.
D.City Secretary Rebecca Huerta to call the roll of the required Charter Officers.
E.Proclamations / Commendations
1.16-0345 Proclamation declaring April 2, 2016, "17th Annual Celebration of Cesar
Chavez Day".
Proclamation declaring April 9, 2016, "Earth Day-Bay Day" and April
2016 "Earth Month".
Proclamation declaring April 12, 2016, "National Equal Pay Day".
Proclamation declaring April 10-16, 2016, "National Public Safety
Telecommunicators Week".
Proclamation declaring April 2016, "Senior Citizen Month".
Check Presentation to the City of Corpus Christi by Tom Schmid,
President & CEO, Texas State Aquarium.
Swearing-in Ceremony for Newly Appointed Board, Commission and
Committee Members.
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March 29, 2016City Council Meeting Agenda - Final
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 choose to speak during this public comment
period regarding an item on the agenda, you may do so. You will not be allowed
to speak again, however, when the Council is considering the item. If you have
a petition or other information pertaining to your subject, please present it to
the City Secretary.
PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY
COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE
LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING:
1.MAKE A STATEMENT OF FACTUAL INFORMATION.
2.RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY.
3.ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A
LATER DATE.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS
OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS,
OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN’S FIRST AMENDMENT RIGHTS.
G.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:
a.OTHER
H.MINUTES:
2.16-0346 Special Meeting of March 7, 2016 and Regular Meeting of March 8,
2016.
Minutes - March 7, 2016 Special
Minutes - March 8, 2016
Attachments:
I.BOARD & COMMITTEE APPOINTMENTS: (NONE)
J.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.
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March 29, 2016City Council Meeting Agenda - Final
.
K.CONSENT AGENDA: (ITEMS 3 - 8)
NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and
ordinances of a routine or administrative nature. The Council has been furnished with
background and support material on each item, and/or it has been discussed at a
previous meeting. All items will be acted upon by one vote without being discussed
separately unless requested by a Council Member or a citizen, in which event the item
or items will immediately be withdrawn for individual consideration in its normal
sequence after the items not requiring separate discussion have been acted upon. The
remaining items will be adopted by one vote.
3.16-0256 Approving a Developer Participation Agreement to reimburse the
developer for the City's cost to extend Oso Parkway east of
Cimarron Boulevard located south of Yorktown and west of Salsa
Drive
Resolution authorizing the City Manager or designee to execute a
developer participation agreement with Ata O. Azali, LLC.,
("Developer"), to reimburse the Developer up to $224,662.67 for the
City's share of the cost to extend Oso Parkway, in accordance with the
Unified Development Code.
Agenda Memo - Queens Crossing Unit 2
Resolution - Queens Crossing Unit 2
Location Maps - Queens Crossing Unit 2
Form 1295 - Queens Crossing Unit 2
Attachments:
4.16-0264 Resolution authorizing the execution of an interlocal agreement for
park improvements at West Haven Park
Resolution authorizing the City Manager or designee to execute an
Interlocal Agreement with Nueces County for park improvements at
West Haven Park located near intersection of Cliff Maus Drive at
Rockford Drive.
Agenda Memo - West Haven Park Interlocal Nueces County
Resolution - West Haven Park Interlocal Nueces County
Agreement - Interlocal West Haven Park 030816 w Exhibit
Proposed Improvements - West Haven Park
Attachments:
5.15-1357 Resolution awarding service agreements for Bayfront Parks and
Medians Turf and Grounds Maintenance
Resolution awarding service agreements to the lowest responsible
bidder for each acreage group in response to Bid Event No. 82; and
authorizing the City Manager or designee to execute all documents
related to this bid award totaling up to $216,279.35. Funds have been
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March 29, 2016City Council Meeting Agenda - Final
budgeted by the Parks and Recreation Departments in FY 2015-2016.
Agenda Memo - Bayfront Pks and Medians Mowing
Resolution - Bayfront Pks and Medians Mowing Event 82 vFinal
Bid Tabulation - Bayfront Pks and Medians Mowing
Maps - Mowing Groups 5 6 7 8
Presentation - Service Agreement 3.3.16
Service Agreement - JJ Lawn Event 82
Service Agreement - Dorame Event 82
1295 JJ Lawn
1295 Dorame
Maps - Mowing areas 1-4
Attachments:
6.16-0251 Authorizing execution of an Engineering Design Contract for the
design of traffic signals approved in the 2014 Highway Safety
Improvement Program grant
Motion authorizing the City Manager or designee to execute the
engineering design, bid and construction phase services contract with
Maldonaldo-Burkett Intelligent Transportation Systems, LLP (MBITS) of
Corpus Christi, Texas in the amount of $668,956.56 for the design of
traffic signals approved in the 2014 Highway Safety Improvement
Program grant.
Agenda Memo - 2014 Highway Safety Imp Program
Budget - 2014 Highway Safety Imp Program
Location Map - 2014 Highway Safety Imp Program
Engineering Design Contract - 2014 Highway Safety Imp Program
Presentation - 2014 Highway Safety Imp Program
Form 1295 - 2014 Highway Safety Imp Program
Attachments:
7.16-0173 Second Reading Ordinance - Appropriating funds and executing
agreement for replacement of the covered parking canopy and
hardware at the Corpus Christi International Airport (1st Reading
3/8/16)
Ordinance appropriating $178,000 from the unreserved fund balance in
the No. 4610 Airport Fund for replacement of the covered parking
canopy fabric and hardware at the Corpus Christi International Airport
("Airport"); amending the FY2016 Operating Budget adopted by
Ordinance No. 030620 to increase expenditures by $178,000; and
authorizing the City Manager or designee to execute an agreement for
$177,132 with USA Shade & Fabric Structures for this turnkey project at
the Airport.
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March 29, 2016City Council Meeting Agenda - Final
Agenda Memo - Parking Lot Canopy Fabric
Ordinance - Parking Lot Canopy Fabric
Service Agreement - Airport Canopy Replacement
Price Sheet - Airport Canopy Replacement
Form 1295 - Airport Canopy Replacement
Attachments:
8.16-0257 Second Reading Ordinance - Approving an agreement and
appropriating funds to reimburse the developer for the
construction of water arterial transmission and grid main line
located east of Cimarron Boulevard, south of Yorktown and west of
Salsa Drive (1st Reading 3/8/16)
Ordinance authorizing city manager or designee to execute a water
arterial transmission and grid main construction and reimbursement
agreement ("Agreement") with Ata O. Azali, LLC., ("Developer"), for the
construction of a water arterial transmission and grid main line and
appropriating $96,617.67 from the No. 4030 Arterial Transmission and
Grid Main Trust Fund to reimburse the Developer in accordance with the
Agreement.
Agenda Memo - Ata O. Azali-Queen's Crossing Unit 2
Ordinance with Agreement - Ata O. Azali-Queen's Crossing Unit 2
Maps - Ata O. Azali-Queen's Crossing Unit 2
Form 1295 - Ata O. Azali-Queen's Crossing Unit 2
Attachments:
L.EXECUTIVE SESSION: (ITEMS 9 - 11)
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.
9.16-0349 Executive session pursuant to Texas Government Code § 551.071
for consultation with attorneys regarding collective bargaining matters
and/or the collective bargaining agreements between the City of Corpus
Christi and the Corpus Christi Firefighters Association.
10.16-0340 Executive Session pursuant to Texas Government Code § 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to conveyance,
lease, and sale of City property and pursuant to Texas Government
Code § 551.072 to discuss and deliberate the purchase, exchange,
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March 29, 2016City Council Meeting Agenda - Final
lease, and value of real property located at the following addresses
when deliberation in open meeting would have a detrimental effect on
the position of the governmental body in negotiations with a third
person: 6746 Aaron known as Acushnet Park; 4017 Capitol known as
Congress Park; 6113 Durant known as Durant Park; 5151 McArdle
known as Mt. Vernon Park; 1750 Paul Jones known as Peary Park;
5730 Malden known as Ridgewood Park; 4301 Violet Road known as
Violet Park; 11418 Willowood known as Willow Park; 12650 Figueroa
known as San Carlos Park; 4302 Aaron known as Penn Place Park;
4600 Arlene known as Parklane Park; 1323 W. Broadway known as
Cabra Park; 4938 Moody known as Fountain Park; and 7244 Prairie
known as Creekway Park.
11.16-0341 Executive Session pursuant to Texas Government Code § 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to proposed
improvements to the Park Road 22 canal and pursuant to Texas Gov’t
Code § 551.087 to discuss confidential commercial or financial
information pertaining to entities that the City seeks to have locate, stay
or expand within the City limits along Park Road 22 and with which the
City is conducting economic development negotiations and to deliberate
possible offers of financial or other incentives to said business
prospect(s)
M.PUBLIC HEARINGS: (ITEM 12)
12.16-0302 Public Hearing and First Reading Ordinance - Rezoning property
located at 14601 Northwest Boulevard
Case No. 0216-01 IHS Consultants, LP : A change of zoning from the
"FR" Farm Rural District to the "CG-2" General Commercial District. The
property is described as being 6.709 acres out of the East ½ of the East
½ of Lot 3, Block 2, Nueces River Irrigation Park, located near the
southwest corner of Northwest Boulevard (FM 624) and River Hill Drive.
Planning Commission and Staff Recommendation (February 24, 2016):
Approval of the change of zoning from the "FR" Farm Rural District to
the "CG-2" General Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by IHS Consultants, LP ("Owner"), by changing the UDC
Zoning Map in reference to a 6.709-acre tract of land out of the East ½
of the East ½ of Lot 3, Block 2, Nueces River Irrigation Park, from the
"FR" Farm Rural 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.
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March 29, 2016City Council Meeting Agenda - Final
Agenda Memo - IHS Consultants, LP
Ordinance - IHS Consultants, LP
Aerial Maps - IHS Consultants, LP
Zoning Report - IHS Consultants, LP
Attachments:
N.REGULAR AGENDA: (ITEMS 13 - 15)
The following items are motions, resolutions and ordinances that will be considered and
voted on individually.
13.16-0361 One Reading Action Item - Request by Petitioners to Repeal
Ordinance Regarding Transportation Network Companies
Ordinance considering a request by petitioners, pursuant to Article I,
Section 4 of the City Charter to repeal Ordinance No. 030788 which
amended Chapter 57 of the Code of Ordinances regarding
transportation network companies; repealing adopted ordinance;
providing for publication; and declaring an emergency.
Agenda Memo - Referendum - Trans. Network Companies.pdf
Ordinance - Referendum - Trans. Network Companies.pdf
Statement of Intent to Circulate Petition Referendum - Trans. Network Companies.pdf
Attachments:
14.16-0121 One Reading Action Item - Resolution honoring the Coastal Bend
Council of Governments on its 50th anniversary.
Resolution honoring the Coastal Bend Council of Governments on its
50th anniversary.
Agenda Memo - CBCOG Resolution 032916
Resolution - honoring CBCOG on 50th anniversary
Attachments:
15.16-0235 Design - Build Agreement for Bayshore Park (Bond 2008
Proposition 7)
Motion authorizing the City Manager, or designee, to execute a Design -
Build Agreement with Fulton Coastcon General Contractors of Corpus
Christi, Texas in the amount of $5,080,000 for the Bayshore Park
project as part of the Bond 2008 Proposition 7 Bayfront Development
Plan Phase 3 project.
Agenda Memo - Bayshore Park
Project Budget - Design Build Services for Bayshore Park
Location Map - Bayshore Park
Form 1295 (Fulton) - Design Build Services for Bayshore Park
Presentation - Design Build Services for Bayshore Park
Attachments:
O.FIRST READING ORDINANCES: (ITEMS 16 - 25)
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March 29, 2016City Council Meeting Agenda - Final
16.16-0228 First Reading Ordinance - Accepting and appropriating grant funds
for Internet Crimes Against Children (ICAC) Task Force program
within the Police Department
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the Office of the Attorney
General for the Internet Crimes Against Children (ICAC) Task Force
program, in the amount of $5,200 to purchase equipment, supplies, and
training travel for the ICAC program within the Police Department; and
appropriating the $5,200 in the No. 1061 Police Grants Fund.
Agenda memo - ICAC grant approp 03.08.16
Ordinance - ICAC Grant 2016
Award letter - Corpus Christi Police Department 2016
Attachments:
17.16-0253 First Reading Ordinance - Accepting and appropriating a grant for
the ASPCA (American Society for the Prevention of Cruelty to
Animals) and Subaru "Share the Love" Rescue Ride project
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the American Society for
the Prevention of Cruelty to Animals (ASPCA), in the amount of $ 9,000
for the ASPCA and Subaru "Share the Love" Rescue Ride project; and
appropriating the $9,000 in the No. 1061 Police Grants Fund.
Agenda memo - ASPCA grant 03.08.16
Ordinance - ASPCA grant - 2016
Award letter - ASPCA grant
Attachments:
18.16-0271 First Reading Ordinance - Accepting and appropriating State funds
for training and purchase of training equipment at the Police
Department
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept an annual allocation payment from the
State of Texas - Law Enforcement Officer Standards and Education
Account in the amount of $27,494.93; and appropriating funds from the
State of Texas - Law Enforcement Officer Standards and Education
Account in the amount of $27,494.93 in the No. 1061 Police Grants
Fund for training of police personnel and purchase of training
equipment.
Agenda Memo - LEOSE approp 03.29.2016
Ordinance - LEOSE funds 2016
Award letter 2016
Attachments:
19.16-0254 First Reading Ordinance - Appropriating funds for "one-time"
expenditures from Crime Control District for the Police Department
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March 29, 2016City Council Meeting Agenda - Final
Ordinance appropriating $492,678 from the Unreserved Fund Balance
in the No. 9010 Crime Control District Fund for "one-time" expenditures
and amending the FY2015-16 Operating Budget adopted by Ordinance
No. 030620 by increasing expenditures by $492,678.
Agenda Memo - Crime Control appropriation 03.08.2016
Ordinance - Crime Control Appropriation - 2016
Attachments:
20.16-0261 First Reading Ordinance - Accepting and appropriating Local funds
for Emergency Planning
Ordinance authorizing the City Manager or designee to accept and
appropriate a contribution from the Industry Education Awareness
Communication Committee in the amount of $27,011.14 into the LEPC
Fund No. 6060 to purchase resources to communicate and educate
Shelter-In-Place;and changing the FY 2015-16 Operating Budget
adopted by Ordinance No. 030620 by increasing expenditures in the
LEPC No. 6060 by $27,011.14.
Agenda Memo - LEPC appropriation
Ordinance - LEPC appropriation
Attachments:
21.16-0241 First Reading Ordinance - Appropriating State Hotel Occupancy
Tax revenues and establishing fiscal policy for the fund
Ordinance appropriating $2.9 million in estimated revenues from the
State hotel tax revenue in the No. 1032 State Hotel Occupancy Tax
Fund to be used for beach and bayfront maintenance, and safety and
protection activities; amending the FY 2015-16 Operating Budget
adopted by Ordinance No. 030620 by increasing expenditures by
$2,900,000.
Agenda Memo -State HOT Fund_st
Ordinance - State Hotel Tax V3
Attachment A - Fd 1032 budget_rg
Attachments:
22.16-0260 First Reading Ordinance - Authorizing the City Manager or his
designee to execute a License for Street Right of Way Use to
construct a parking lot expansion project
Ordinance authorizing the City Manager or his designee to execute a
License for Street Right of Way Use with the B-Y 4918 Ayers, LTD.
(“Licensee”) to construct a parking lot expansion project to better serve
the needs of Ayers Plaza Shopping Center tenants in full compliance
with the City of Corpus Christi and with the approval of the Texas
Department of Transportation, subject to the Licensee’ compliance with
specified conditions.
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March 29, 2016City Council Meeting Agenda - Final
Agenda Memo - 4918 Ayers Street
Ordinance with Attachment - 4918 Ayers Street
Maps - Ayers Plaza
Attachments:
23.16-0312 First Reading Ordinance - Amending City Code to allow two-way
traffic on Third Street between Elizabeth Street and Morgan Avenue
for the expansion of Spohn Hospital
Ordinance amending the Code of Ordinances, Chapter 53, Section
53-250 Schedule I - One Way Streets and Alleys by changing the
portion of Third Street between Elizabeth Street and Morgan Avenue
from a one-way traffic pattern to a two-way traffic pattern.
Agenda Memo - Christus Spohn Third Street
Ordinance - Spohn
Location Map - Christius Spohn Hospital
Presentation - Spohn Shoreline
Attachments:
24.16-0310 First Reading Ordinance - Advance Funding Agreement and
Construction Contract for Packery Pointe Intersection
Improvements Park Road 22 at Aquarius (Bond 2014)
Ordinance authorizing the City Manager, or designee, to execute an
Advance Funding Agreement (AFA) with the Texas Department of
Transportation (TXDOT) with a required payment to TXDOT in the
amount of $8,700; and to execute a construction contract with D & G
Energy Corporation of McAllen, Texas in the amount of $773,738.75 for
the Packery Pointe Intersection Improvements Park Road 22 at
Aquarius Re-Bid #2 for Total Bid Part A and Part B for installation of a
new signal and roadway improvements. (Bond 2014)
Agenda Memo - Park Road 22 and Aquarius Signal
Ordinance - Park Road 22 and Aquarius Signal
Budget - Park Road 22 and Aquarius Signal
Location Map - Park Road 22 and Aquarius
Presentation - Park Road 22 and Aquarius Signal
Advance Funding Agreement - Park Road 22 and Aquarius Signal
Form 1295
Attachments:
25.16-0313 First Reading Ordinance - Authorizing the Issuance of Certificates
of Obligation to fund Bond 2012 Projects
Ordinance authorizing the issuance of "City of Corpus Christi, Texas
Combination Tax and Limited Pledge Revenue Certificates of
Obligation, Taxable Series 2016A" in an amount not to exceed
$18,140,037 for the purpose of financing costs associated with making
permanent public improvements within the City; providing for the
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March 29, 2016City Council Meeting Agenda - Final
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.
Agenda Memo - CO's for Bond 2012 projects _ March 29, 2016.doc
Ordinance - Corpus Christi CO .pdf
Attachments:
P.FUTURE AGENDA ITEMS: (ITEMS 26 - 32)
The following items are for Council's informational purposes only. No action will be
taken and no public comment will be solicited.
26.16-0243 Resolution granting City supported event status to the 2016 Beach
to Bay Relay Marathon
Resolution granting City supported event status in accordance with City
Code of Ordinances Section 53-206 to the 2016 Beach to Bay Relay
Marathon.
Agenda Memo -Beach to Bay
Resolution - Beach to Bay Supported Event
Attachment A - Ltr from Organizer
Attachment B - Event Impact Calculator Release
Attachments:
27.16-0239 Construction Contract for Collier Pool Renovations (Bond 2012)
Rebid - Part A (Pool)
Motion authorizing the City Manager, or designee, to execute a
construction contract with Atlantis Aquatic Group. of Austin, Texas in the
amount of $1,782,412 for the Collier Pool Renovations Rebid - Part A
(Pool) for replacement of the existing swimming pool and pump house.
(Bond 2012 Proposition 4 - Aquatic Facilities)
Agenda Memo - Collier Pool
Project Budget - Collier Pool
Location Map - Collier Pool
Presentation- Collier Pool udpated
Form 1295 - Collier Pool
Attachments:
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March 29, 2016City Council Meeting Agenda - Final
28.16-0119 Purchase of six Wavetronix Radar Detection Systems for vehicle
detection in signalized traffic intersections
Motion approving the purchase of six Wavetronix Radar Detection
Systems from Twincrest, Inc. doing business as Twincrest
Technologies, Mansfield, Texas in accordance with the State of Texas
Cooperative Purchasing Program for the amount of $113,380.00. The
Street Department and Police Department have set aside funds in FY
2015-16 for this procurement.
Agenda Memo - Wavetronix Matrix Radar Detection Systems
Price Sheet - Wavetronix Matrix Radar Detection Systems.xlsx
Attachments:
29.16-0255 Engineering Construction Contract for new traffic signal located at
the intersection of Ocean Drive and Robert Drive under the Signal
Improvements and Street Lighting Bond 2012 project
Motion authorizing the City Manager, or designee, to execute a
construction contract with Siemens Industry, Inc. of Corpus Christi,
Texas in the amount of $207,007.95 for the Signal Improvements and
Street Lighting project at Ocean Drive and Robert Drive for the Base
Bid. BOND 2012
Agenda Memo - Signal Impr at Ocean and Roberts
Project Budget - Ocean at Robert Signal Improvements
Location Map - Signal Improvements Bond 2012 at Ocean Dr and Robert Dr
Form 1295 Siemens
Presentation - Signal Impr at Ocean and Robert
Attachments:
30.16-0207 Resolution approving the Mary Rhodes Phase II Pipeline
Operations and Maintenance Agreement
Resolution authorizing the City Manager or designee to execute an
Operations and Maintenance Agreement with Lavaca-Navidad River
Authority (LNRA) to maintain the Mary Rhodes Phase II easements, as
well as, operate and maintain the pipeline and related facilities for a total
initial operating budget of $345,000 dollars.
Agenda Memo - MR Pipeline Agreement
Resolution - MR Pipeline Agreement
Agreement - MR Pipeline Agreement
Attachments:
31.16-0270 Resolution approving two interlocal agreements under the
Environmental Quality Air Quality Planning grant
Resolution authorizing the City Manager or designee to execute an
Interlocal Cooperation Agreement with University of North Texas and
with Texas A& M University Corpus Christi for air quality research and
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March 29, 2016City Council Meeting Agenda - Final
planning program for Nueces and San Patricio County area in the
amount of $191,685.63 each.
Agenda Memo - Resolution TAMUCC and UNT Interlocal Agreement 2016-2017
Resolution - Interlocal Agreements
TAMUCC agreement FY 16 17 with Signature Page
UNT Interlocal agreement FY 15-16 with signature page
TCEQ Cooperative Reimbursement Grant
Attachments:
32.16-0344 Professional Services Agreement for Legal Services
Motion to authorize City Manager or designee to execute Professional
Services Agreement for Contract Legal Counsel with Julian Grant at
hourly rate of $50.00 in a total amount not to exceed $75,000 for Fiscal
Year 2015-2016.
Agenda Memo - City Attorney Professional Services Contract
Agreement - Professional Services
Resume - Julian Grant
Form 1295 - Julian Grant
Attachments:
Q.BRIEFINGS: (ITEMS 33 - 35)
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.
33.16-0259 Ad Hoc Residential Street Infrastructure Advisory Committee
update to Council
Agenda Memo - Committee Update to Council.docx
Presentation - Street Committee -- Final 032416 broadcast color.pdf
Attachments:
34.16-0350 City Employee Clinic and Healthplan Update
35.16-0356 City of Corpus Christi Water Resources
Agenda Memo - Water Resources 2016 03 23
Presentation - Water Supply Briefing
Attachments:
R.ADJOURNMENT
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1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Corpus Christi
Meeting Minutes
City Council
11:30 AM Council ChambersMonday, March 7, 2016
SPECIAL CITY COUNCIL MEETING
Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED
PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING
MEETINGS OF THE CITY COUNCIL.
Mayor Nelda Martinez to call the meeting to order.A.
Mayor Martinez called the meeting to order at 11:31 a.m.
Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church.B.
City Secretary Rebecca Huerta gave the invocation.
Pledge of Allegiance to the Flag of the United States to be led by Paul Pierce,
Assistant City Secretary.
C.
Assistant City Secretary Paul Pierce led the Pledge of Allegiance.
City Secretary Rebecca Huerta to call the roll of the required Charter Officers.D.
City Secretary Huerta called the roll and verified that a quorum of the City
Council and the required Charter Officers were present to conduct the meeting.
(Note: Council Member McIntyre arrived at 11:37 a.m.)
Charter Officers:
City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary
Rebecca Huerta.
Mayor Nelda Martinez,Council Member Rudy Garza,Council Member
Chad Magill,Council Member Colleen McIntyre,Council Member Lucy
Rubio,Council Member Brian Rosas,Council Member Mark Scott, and
Council Member Carolyn Vaughn
Present:8 -
EXECUTIVE SESSION:E.
Mayor Martinez referred to the day's executive session. The Council went into
executive session.
Executive Session pursuant to Texas Government Code § 551.074
(Personnel Matters) to discuss the appointment, employment, and
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March 7, 2016City Council Meeting Minutes
duties of public officers or employees, including, but not limited to,
members of the City Council with possible discussion and action in
open session.
The Council returned from executive session and the following motion was
considered:
Motion naming the following finalists for the council member at-large vacancy:
Gil Hernandez, Michael Hunter, Bob Jones, and Joe McComb.
Council Member Rosas made the motion to approve the motion, seconded by
Council Member Scott. This Motion was passed and approved with the
following vote:
Aye:Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
8 -
Abstained:0
Enactment No: M2016-024
ADJOURNMENTF.
City Secretary Rebecca Huerta announced that the public interviews will take
place tomorrow at approximately 3:00 p.m. during the regular City Council
meeting.
The meeting was adjourned at 12:59 p.m.
Page 2Corpus Christi Printed on 3/11/2016
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Corpus Christi
Meeting Minutes
City Council
11:30 AM Council ChambersTuesday, March 8, 2016
Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED
PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING
MEETINGS OF THE CITY COUNCIL.
Mayor Nelda Martinez to call the meeting to order.A.
Mayor Martinez called the meeting to order at 11:32 a.m.
Invocation to be given by Deacon Michael Mantz, Diocese of Corpus Christi.B.
Deacon Michael Mantz gave the invocation.
Pledge of Allegiance to the Flag of the United States to be led by Annette
Rodriguez, Director of Public Health.
C.
Director of Public Health Annette Rodriguez led the Pledge of Allegiance.
City Secretary Rebecca Huerta to call the roll of the required Charter Officers.D.
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.
Mayor Nelda Martinez,Council Member Rudy Garza,Council Member
Chad Magill,Council Member Colleen McIntyre,Council Member Lucy
Rubio,Council Member Brian Rosas,Council Member Mark Scott, and
Council Member Carolyn Vaughn
Present:8 -
Proclamations / CommendationsE.
1.Proclamation declaring March 6-12, 2016, "Harbor Playhouse Week".
Proclamation declaring March 11,18, & 25, 2016, "Fill-The-Boot for the
Muscular Dystrophy Association Days".
Proclamation declaring March 19, 2016, "Vestido Rojo Day".
Mayor Martinez presented the proclamations.
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March 8, 2016City Council Meeting Minutes
CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G.
Mayor Martinez deviated from the agenda and referred to City Manager's
Comments. City Manager Ron Olson reported on the following topic:
OTHERa.
The next "Let's Talk" Event will be held on Wednesday, March 30, 2016, from
6:00 p.m. to 7:00 p.m. at the Garden Senior Center, 5325 Greely Drive. "Let's
Talk" is an opportunity for citizens to meet with the City's management team to
discuss issues.
MINUTES:H.
2.Regular Meeting of February 23, 2016.
Mayor Martinez referred to approval of the minutes. Council Member Magill
made a motion to approve the minutes, seconded by Council Member McIntyre
and passed unanimously.
BOARD & COMMITTEE APPOINTMENTS:I.
3.Building Standards Board
Civil Service Commission
Civil Service Board
Committee for Persons with Disabilities
Island Strategic Action Committee
Planning Commission
Mayor Martinez referred to board and committee appointments. The following
appointments were made:
Building Standards Board
Mayor Martinez made a motion to appoint Mark Flores (At-Large), seconded by
Council Member Rubio and passed unanimously.
Council Member Magill made a motion to appoint Dante C. Miller (Home
Builder), seconded by Council Member Scott and passed unanimously.
Civil Service Commission
Council Member McIntyre made a motion to accept City Manager Olson's
recommendation for the new appointment of Rixio Medina, seconded by
Council Member Magill and passed unanimously.
Civil Service Board
Mayor Martinez made a motion to appoint Rixio Medina, seconded by Council
Member McIntyre and passed unanimously.
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March 8, 2016City Council Meeting Minutes
Committee for Persons with Disabilities
Council Member McIntyre made a motion to reappoint Marshall Burns and
Dalia Gutierrez, seconded by Council Member Magill and passed unanimously.
Council Member Magill made a motion to appoint Tracy Ferezan, Ernest
Herrera, and Anthony Zoccolillo, seconded by Council Member McIntyre and
passed unanimously.
Island Strategic Action Committee
City Secretary Huerta announced that the Padre Island Business Association is
recommending the appoint of Cheri Sperling as their nominee. City Secretary
Huerta announced that Council Member McIntyre would be abstaining on the
vote regarding the new At-Large member and the Padre Island Business
Association Member appointments.
Council Member Magill made a motion to appoint Cheri Sperling (Padre Island
Business Association), seconded by Council Member Scott and passed
unanimously; Council Member McIntyre abstained.
Council Member McIntyre made a motion to appoint Charles L. Knoll
(Commercial Property Owner), seconded by Council Member Magill and
passed unanimously.
Council Member Magill made a motion to appoint Aaron B. Huffman (At-Large),
seconded by Council Member Rubio and passed unanimously; Council
Member McIntyre abstained.
Mayor Martinez made a motion to reappoint Kathleen Pratt (At-Large) and Rick
Sowash (At Large), seconded by Council Member Magill. There was a brief
discussion regarding the loss of representation of a representative residing on
Mustang or Padre Island and a hotel operator. The motion passed
unanimously.
Council Member Scott made a motion to reappoint Stan Hulse (Padre Isles
Property Owners Association) and Carter Tate (Realtor), seconded by Council
Member McIntyre and passed unanimously.
Planning Commission
Council Member Garza made a motion to table the appointment to the Planning
Commission, seconded by Council Member Magill and passed unanimously.
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March 8, 2016City Council Meeting Minutes
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 choose to speak during this public comment
period regarding an item on the agenda, you may do so. You will not be allowed
to speak again, however, when the Council is considering the item. If you have
a petition or other information pertaining to your subject, please present it to
the City Secretary.
F.
Mayor Martinez called for comments from the public. City Attorney Miles K.
Risley read a portion of the Council Chamber Rules of Decorum. Carrie
Robertson Meyer, 4401 Gulf Breeze Boulevard and on behalf of the North
Beach Community Association, provided the City Council with a list of new
priorities identified to address improvements to the neighborhood and the
beach. Ms. Meyer requested that the City Council consider the use of hotel
occupancy tax (HOT) funds when appropriate for the improvements and to
prioritize Beach Avenue. Kim Novack, 2901 W. Surfside Boulevard, requested
that the City Council consider supporting the North Beach Community
Associations’ priority list of improvements to improve the curb appeal of North
Beach. Rosie Collin, 7821 Etienne, advocated for the selection of Michael
Hunter to fill the vacant at-large council member position. Gary Adams, 1929
Sandy Way, thanked the City of Corpus Christi and Nueces County staff for
uncovering the history of Sandy Way Street and requested a meeting with one
or more council members to meet with residents to address the condition of
the street. Libby Edwards, 14158 Cutlass, provided an update on the Island
Strategic Action Committee’s last meeting: the large attendance and public
comment interest in the beach; City staff assistance for the committee; and
concern regarding the Park Road 22 Bridge project and the status of the
Memorandum of Understanding and environmental assessment.
Gloria Scott, 4422 S. Alameda, spoke regarding recommendations for
consideration of Guy Nickleson to fill the vacant at-large council member
position and requested to review all the applications for the 16 applicants.
Zachary Ramirez, spoke on behalf of Michael Hunter and requested that the
City Council consider him for the vacant at-large council member position.
Susie Luna Saldana, 4710 Hakel and on behalf of LULAC Council #1 spoke on
behalf of Michael Hunter to represent the community in the at-large council
member position. Sam Longoria, 3641 W. L. Breeding Drive, recommended the
appointment of Michael Hunter to the vacant at-large council member position.
Linda Gibeaut, 14158 Southern, thanked Animal Care Services for re-initiating
neighborhood sweeps and educating the community about animal care, leash
laws, and the need to spay and neuter. Ms. Gibeaut addressed the need for
adequate funding for Animal Care Services to help support Corpus Christi
being a “No Kill” city. Marisol Ramirez, 6925 SPID, asked for consideration that
Michael Hunter be selected for the at-large council member position.
The following individuals spoke in support of creating regulations and permit
requirements for transportation network companies (Agenda Item 14): Mark
Tandy, 1330 Peterson; Anna Valenti, 4102 Lowman Street, Walter Losh, 2921
Waldron Road; Julie Tandy, 1330 Peterson; Felix Jimenez, 2013 Treyway; Laura
Pena, 3535 Cottonwood; Ray Nelson, 1110 Shiels; Homer Palacios, 3410 Kay
Street; Cody Little, Sparkling City Pools; Cody Coronado, 2913 Islander; Ken
Hobbs, 7201 Windwillow Drive; Dillon Stiefel, 3025 Quail Springs; Jeremy Hillis,
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March 8, 2016City Council Meeting Minutes
413 Mediterranean; and Hector Sanchez, 4433 Teak.
The following individuals spoke in opposition to approving an ordinance that
overregulates transportation network companies and requires drivers to be
fingerprinted (Agenda Item 14): Rachel Caballero, 4021 Wood River Drive;
Marshall Burns, 538 Deforrest; Rick Gomez, 5022 Bonner; Stephen McMains,
252 Circle; Damian Tabor, 1455 Corban; Kyle Hoelscher, 529 Naples; William
Thompson, 8326 Salsa Drive; Joe Hilliard, 510 McClendon; Edward Espino,
5826 S. Alameda; Louis Williams, 317 Peoples; Jason Vela, 6947 Everhart;
Aislynn Campbell, 510 McClendon; Adolfo Garcia, 5338 Bonham Street; Craig
Jamison, 4609 Snead Drive; Marcus Haas, 4530 Driftwood; and Duane Baker,
626 Catalina.
EXECUTIVE SESSION: (ITEMS 11 - 13)L.
Mayor Martinez deviated from the agenda and referred to the day's executive
session items. The Council went into executive session.
11.Executive session pursuant to Texas Government Code § 551.071
for consultation with attorneys regarding collective bargaining matters
and/or the collective bargaining agreements between the City of
Corpus Christi and the Corpus Christi Firefighters Association.
This E-Session Item was discussed in executive session.
12.Executive Session pursuant to Texas Government Code § 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning litigation and other legal matters
related to Adam Balle vs. City of Corpus Christi, Nueces County,
Texas, CCPD Officer A Salines or A. Salinas #9163 and CCPD Officer
Perriraz #8738 and CCPD Officer A Salinas #1362 Ten John Doe
Defendants and Ten Jane Doe Defendants, pending in the District
Court of the U.S. Southern District of Texas Corpus Christi Division.
Mayor Martinez referred to Item 12 and the following motion was considered:
Motion to authorize the City Manager to execute all documents necessary to
settle Adam Balle vs. City of Corpus Christi, Nueces County, Texas, CCPD
Officer A Salines or A. Salinas #9163 and CCPD Officer Perriraz #8738 and
CCPD Officer A Salinas #1362, Ten John Doe Defendants and Ten Jane Doe
Defendants, pending in the District Court of the U.S. Southern District of Texas
Corpus Christi Division in an amount not to exceed $378,300.
Council Member Garza made a motion to approve the motion, seconded by
Council Member Rosas. This Motion was passed and approved with the
following vote:
Aye:Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
8 -
Abstained:0
Enactment No: M2016-027
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March 8, 2016City Council Meeting Minutes
13.Executive Session pursuant to Texas Government Code § 551.074
(Personnel Matters) to discuss the evaluation and duties of public
officers or employees, including, but not limited to, Judges of the
Corpus Christi Municipal Court.
Mayor Martinez referred to Item 13 and the following ordinance was considered
on emergency reading:
Ordinance amending Ordinance No. 030438 to modify salaries of the Presiding
Judge, full-time and part-time municipal judges; declaring an effective date of
April 4, 2016; and declaring an emergency.
Council Member McIntyre made a motion to approve the ordinance, seconded
by Council Member Garza. This ordinance was passed on emergency and
approved with the following vote:
Aye:Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
8 -
Abstained:0
Enactment No: 030787
PUBLIC INTERVIEWS FOR COUNCIL MEMBER AT-LARGE VACANCY
(To be held at approximately 3:00 p.m.)
R.
Mayor Martinez deviated from the agenda and referred to Item R. City Secretary
Rebecca Huerta stated that the purpose of this item is to conduct public
interviews for the Council Member At-Large Vacancy. City Secretary Huerta
introduced the four (4) finalists: Gil Hernandez, Michael Hunter, Bob Jones,
and Joe McComb.
City Secretary Huerta explained the interview process. The finalists will be
asked the four (4) questions that were filed with their application packets. The
finalists will draw lots to see which candidate will answer each of the four (4)
questions first, and then will rotate through each question. The candidates will
have two (2) minutes to answer each question. Additionally, each candidate
will have one (1) minute to make introductory comments before the interviews
begin, starting alphabetically, and one (1) minute to make closing comments at
the end of the interview in the reverse order. City Secretary Huerta stated that
at the completion of the interviews, the City Council will go into executive
session to deliberate and will discuss in open session prior to voting on the
appointment.
The candidates drew lots for the rotation order as follows: 1) Joe McComb; 2)
Michael Hunter; 3) Bob Jones; and 4) Gil Hernandez. The candidates provided
responses to the following interview questions:
1) Why do you want to be a City Council member and what makes you the most
qualified candidate?
2) What do you believe should be Council priorities?
3) What would your priorities be as an At-Large Member?
4) What is your understanding of the council-manager form of government?
After completiing the interview process, Mayor Martinez thanked each finalist
Page 6Corpus Christi Printed on 3/24/2016
March 8, 2016City Council Meeting Minutes
for stepping up and showing commitment, passion and love for this
community.
24.Executive Session pursuant to Texas Government Code § 551.074
(Personnel Matters) to discuss the appointment, employment, and
duties of public officers or employees, including, but not limited to,
members of the City Council.
Mayor Martinez referred to Item 24, an executive session item regarding the
council member at-large vacancy. The Council went into executive session.
The Council returned from executive session and the following motion was
considered:
Motion appointing Michael Hunter to fill the vacant At-Large Council Member
seat.
Council Member Rubio made a motion to approve the motion, seconded by
Council Member Rosas. This Motion was passed and approved with the
following vote:
Aye:Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
8 -
Abstained:0
Enactment No: M2016-028
EXPLANATION OF COUNCIL ACTION:J.
CONSENT AGENDA: (ITEMS 4 - 10)K.
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda. There were no comments from
the Council or the public.
Council Member Magill made a motion to approve the consent agenda items,
seconded by Council Member Rubio. The consent agenda was approved by
one vote as follows:
Aye:Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
8 -
Abstained:0
4.Approving a Developer Participation Agreement to reimburse the
developer for the City's cost to extend North Oso Parkway located
south along Holly Road, east of Ennis Joslin Road and south of
Paul Jones Avenue.
Resolution authorizing the City Manager or designee to execute a
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March 8, 2016City Council Meeting Minutes
developer participation agreement with MPM Development, L.P.,
("Developer"), to reimburse the Developer up to $208,946.10 for the
City's share of the cost to extend North Oso Parkway, in accordance
with the Unified Development Code.
This Resolution was passed on the Consent Agenda.
Enactment No: 030782
5.Approving a contract for Texas Electronic Registration Remote
System access for issuing birth certificates
Motion authorizing the City Manager or his designee to execute a
contract with the Department of State Health Services (DSHS) for the
period 9/1/2015 through 8/31/2017 to provide the Corpus
Christi-Nueces County Public Health District (CCNCPHD) access to
the Texas Electronic Registration Remote System (TER Remote
System) for the purpose of issuing individual birth certificates, and pay
DSHS a fee of $1.83 for each Certification of Vital Record printed as a
result of searches of the database; and ratifying acceptance of the
contract to begin September 1, 2015.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-025
6.Resolution approving a Data Usage Agreement (DUA) with the
Texas Health and Human Services Enterprise agencies to
facilitate creation, receipt, maintenance, use, disclosure or
access to confidential information with the Health District
Resolution authorizing the Director of the Corpus Christi Nueces
County Public Health District (CCNCPHD), to sign on behalf of the City
of Corpus Christi for the CCNCPHD, a Data Use Agreement and its
Attachment A with the Texas Health and Human Services Enterprise
agencies to facilitate creation, receipt, maintenance, use, disclosure or
access to confidential information with the CCNCPHD and describe
the CCNCPHD's rights and obligations with respect to the confidential
information pursuant to 45 CFR 164.504(e)(1)-(3), for the contract
period beginning on the date of execution and ending upon termination
of the base contracts listed in Exhibit A.
This Resolution was passed on the Consent Agenda.
Enactment No: 030783
7.Approving Amendment No. 1 to the Engineering contract for the
Laguna Shores Road Force Main Replacement
Motion authorizing the City Manager or designee to proceed with
design phase work by executing Amendment No. 1 with LJA
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March 8, 2016City Council Meeting Minutes
Engineering, Inc. of Corpus Christi, Texas in the amount of
$479,977.31 for a total restated fee not to exceed $529,817.31 for
Laguna Shores Road Force Main Replacement.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-026
8.Second Reading Ordinance - Amending the City Code regarding
campfires on Gulf of Mexico Beaches (1st Reading 2/23/16)
Ordinance Amending the Code of Ordinances Section 10-67 regarding
campfires on Gulf of Mexico Beaches; providing for penalties;
providing for severance; and providing for publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030784
9.Second Reading Ordinance - Appropriating funds for the
purchase of security equipment at the American Bank Center (1st
Reading 2/23/16)
Ordinance appropriating $176,500 from the unreserved fund balance
in the No. 1130 Arena Facility Fund and transferring to and
appropriating in the No. 4710 Visitors Facility Fund for the purchase of
security equipment at the American Bank Center; and amending the
FY 2015-2016 operating budget adopted by Ordinance No. 030620 to
increase expenditures in the Arena Facility Fund by $176,500 and
increase expenditures in the Visitors Facility Fund by $176,500 each.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030785
10.Second Reading Ordinance - Approving a Reimbursement
Agreement and appropriating funds for the construction of water
arterial transmission and grid main line located south along Holly
Road, east of Ennis Joslin Road and south of Paul Jones Avenue
(1st Reading 2/23/16)
Ordinance authorizing city manager or designee to execute a water
arterial transmission and grid main construction and reimbursement
agreement ("Agreement") with MPM Development, L.P. ("Developer"),
for the construction of a water arterial transmission and grid main line
and appropriating $97,133.33 from the No. 4030 Arterial Transmission
and Grid Main Trust Fund to reimburse the Developer in accordance
with the Agreement.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030786
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March 8, 2016City Council Meeting Minutes
PUBLIC HEARINGS: (NONE)M.
REGULAR AGENDA: (ITEM 14)N.
14.Second Reading Ordinance - Amending the City Code to establish
Article VI. - Transportation Network Companies (1st Reading
2/23/16)
Ordinance Amending Chapter 57 of the Corpus Christi Code of
Ordinances to establish Article VI. - Transportation Network
Companies; and providing for severance, publication, penalty, and an
effective date.
Mayor Martinez referred to Item 14. City Attorney Miles K. Risley stated that the
purpose of this item is the amend Chapter 57 of the Corpus Christi Code of
Ordinances to establish Article VI. - Transportation Network Companies. This
ordinance effectively makes the City's vehicle-for-hire ordinance easier to
comply with by adopting regulations for transportation network companies like
Uber and Lyft. The regulations are similar to the City of Houston, Texas. The
presentation team included: Police Chief Mike Markle; Assistant City Attorney
Buck Brice, and Director of Intergovernmental Relations Tom Tagliabue.
Mayor Martinez called for comments from the public. Mary Afuso, 602
Bermuda; Sara Baker, 626 Catalina; Steve deAses, 6314 Penny Lane; and
Richard Torres; and John Kelley, 3621 spoke in opposition to approving an
ordinance that overregulates the transportation network companies. Dan
Steifel, 6773 Wood Iron Drive, spoke in support of the transportation network
company regulations.
Council members spoke regarding the following topics: biometric
fingerprinting providing a comprehensive background check of the criminal
justice database; the argument between individual safety and reducing driving
while intoxicated (DWI); Uber currently operating in Houston and Austin,
Texas; the original intent of the ordinance to allow transportation network
companies to operate legally; not requiring Uber to have a local office; the
timeframe that city representatives have been working with Uber/Lyft; having
equity in the market place for all vehicle-for-hire companies; Uber's decision to
leave Corpus Christi should the ordinance pass in its current state; the cost for
biometric fingerprinting; the ordinance overregulating transportation network
companies; review of the entire vehicle-for-hire ordinance to reduce
regulations on the whole industry; consideration to delay the second reading
to look at what San Marcos and College Station are doing; Uber operating in
200 cities; the City of Beaumont passing an ordinance to inspire Uber to come
to their city; the ability to make alternative transportation available both
economically and as a lifestyle opportunity for the community; fingerprinting
not being a predictor of crime; use of Uber allowing individuals to take
responsibility for their own safety; the issue being addressed at the state
legislative level; the advantage of fingerprinting including: biometric
association, data being provided from the federal and state criminal justice
system, and continuous updating to the originating agency; whether there was
a representative from Uber present; the reason a national company wouldn't
want fingerprinting; the companies maneuvering the public policy process;
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March 8, 2016City Council Meeting Minutes
when Uber began operating in Corpus Christi; the transportation network
companies' contribution to the street fee; how the City will be adaptable to the
future; whether drivers or users represented are subject to any citation
retroactively; and consideration to contract with the transportation companies
for a specified time period.
MOTION OF DIRECTION
Council Member Magill made a motion directing the City Manager to bring back
the entire vehicle-for-hire ordinance, Chapter 57, to City Council for a
workshop review in one year, seconded by Mayor Martinez and passed
(Council Member Scott voting "No").
Council Member Magill made a motion to approve the ordinance, seconded by
Council Member Garza. Council Member McIntyre stated that she would
support the ordinance to allow Uber to operate legally. This Ordinance was
passed on second reading and approved with the following vote:
Aye:Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rubio, Council Member Rosas and
Council Member Vaughn
7 -
Nay:Council Member Scott1 -
Abstained:0
Enactment No: 030788
FIRST READING ORDINANCES: (ITEMS 15 - 17)O.
15.First Reading Ordinance - Second Amendment to Lease for
Atlantic Aviation to extend term for fifteen years (Requires 28 Day
Delay)
Ordinance authorizing the City Manager, or designee, to execute a
second amendment to the lease between Mercury Air Center - Corpus
Christi, Inc., dba Atlantic Aviation ("Atlantic"), Atlantic Aviation FBO
Holdings, LLC ("Atlantic Holdings"), and the City for completion of
$3,300,000 in capital improvements for an additional 15-year lease
term; authorizing the execution of a short-term license agreement as
part of the second amendment; and providing for severance,
publication, and an effective date.
Mayor Martinez referred to Item 15. Director of Aviation Fred Segundo stated
that the purpose of this item is to authorize the second amendment to the
original five-year lease agreement with Atlantic Aviation to extend the term for
an additional 15-years of operation of a Fixed Base Operator lease on the west
side of the airfield at the Corpus Christi International Airport. Mr. Segundo
provided information on the terms of the agreement and the areas of
renovation. There were no comments from the Council or the public.
Council Member Garza 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:
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March 8, 2016City Council Meeting Minutes
Aye:Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
8 -
Abstained:0
16.First Reading Ordinance - Appropriating funds and executing
agreement for replacement of the covered parking canopy and
hardware at the Corpus Christi International Airport
Ordinance appropriating $178,000 from the unreserved fund balance
in the No. 4610 Airport Fund for replacement of the covered parking
canopy fabric and hardware at the Corpus Christi International Airport
("Airport"); amending the FY2016 Operating Budget adopted by
Ordinance No. 030620 to increase expenditures by $178,000; and
authorizing the City Manager or designee to execute an agreement for
$177,132 with USA Shade & Fabric Structures for this turnkey project
at the Airport.
Mayor Martinez referred to Item 16. Director of Aviation Fred Segundo stated
that the purpose of this item is to execute an agreement for the replacement of
the covered parking canopy and hardware at the Corpus Christi International
Airport that sustained damage as a result of recent weather events, including
high winds. In response to a council member, Mr. Segundo stated that the new
material to be used is more resilient in our climate. There were no comments
from the Council or the public.
Council Member McIntyre made a motion to approve the ordinance, seconded
by Council Member Magill. This Ordinance was passed on first reading and
approved with the following vote:
Aye:Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
8 -
Abstained:0
17.First Reading Ordinance - Approving an agreement and
appropriating funds to reimburse the developer for the
construction of water arterial transmission and grid main line
located east of Cimarron Boulevard, south of Yorktown and west
of Salsa Drive
Ordinance authorizing city manager or designee to execute a water
arterial transmission and grid main construction and reimbursement
agreement ("Agreement") with Ata O. Azali, LLC., ("Developer"), for
the construction of a water arterial transmission and grid main line and
appropriating $96,617.67 from the No. 4030 Arterial Transmission and
Grid Main Trust Fund to reimburse the Developer in accordance with
the Agreement.
Mayor Martinez referred to Item 17. Assistant Director of Development Services
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March 8, 2016City Council Meeting Minutes
Julio Dimas stated that the purpose of this item is to approve a water arterial
transmission and grid main construction and reimbursement agreement and
appropriate funds from the Water Arterial Transmission and Grid Main Trust for
the construction of a water arterial transmission and grid main line. There were
no comments from the Council or the public.
Council Member Garza 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:Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rubio, Council Member Rosas and
Council Member Vaughn
7 -
Absent:Council Member Scott1 -
Abstained:0
FUTURE AGENDA ITEMS: (ITEMS 18 - 23)P.
Mayor Martinez referred to Future Agenda Items. Mayor Martinez announced
that Item 21 was pulled from the agenda. City Manager Olson stated that staff
had planned presentations on Items 19, 20, and 22.
18.Approving a Developer Participation Agreement to reimburse the
developer for the City's cost to extend Oso Parkway east of
Cimarron Boulevard located south of Yorktown and west of Salsa
Drive
Resolution authorizing the City Manager or designee to execute a
developer participation agreement with Ata O. Azali, LLC.,
("Developer"), to reimburse the Developer up to $224,662.67 for the
City's share of the cost to extend Oso Parkway, in accordance with the
Unified Development Code.
This Resolution was recommended to the consent agenda.
19.Resolution authorizing the execution of an interlocal agreement
for park improvements at West Haven Park
Resolution authorizing the City Manager or designee to execute an
Interlocal Agreement with Nueces County for park improvements at
West Haven Park located near intersection of Cliff Maus Drive at
Rockford Drive.
This Resolution was recommended to the consent agenda.
20.Resolution awarding service agreements for Bayfront Parks and
Medians Turf and Grounds Maintenance
Resolution awarding service agreements to the lowest responsible
bidder for each acreage group in response to Bid Event No. 82; and
Page 13Corpus Christi Printed on 3/24/2016
March 8, 2016City Council Meeting Minutes
authorizing the City Manager or designee to execute all documents
related to this bid award totaling up to $216,279.35. Funds have been
budgeted by the Parks and Recreation Departments in FY 2015-2016.
This Resolution was recommended to the consent agenda.
21.Authorizing execution of Change Order No. 5 for the McArdle
Road Improvements from Ennis Joslin Road to Whitaker Drive
project (BOND 2012)
Motion authorizing the City Manager, or designee, to provide for the
installation of a new traffic signal by executing Change Order No. 5 to
a construction contract with Reytec Construction Resources, Inc. of
Corpus Christi, Texas in the amount of $286,512.96 for a restated fee
of $11,098,692.16 for the McArdle Road Improvements from Ennis
Joslin Road to Whitaker Drive. (BOND 2012)
This item was pulled from the agenda.
22.Design - Build Agreement for Bayshore Park (Bond 2008
Proposition 7)
Motion authorizing the City Manager, or designee, to execute a Design
- Build Agreement with Fulton Coastcon General Contractors of
Corpus Christi, Texas in the amount of $5,080,000 for the Bayshore
Park project as part of the Bond 2008 Proposition 7 Bayfront
Development Plan Phase 3 project.
This Motion was recommended to the regular agenda.
23.Authorizing execution of an Engineering Design Contract for the
design of traffic signals approved in the 2014 Highway Safety
Improvement Program grant
Motion authorizing the City Manager or designee to execute the
engineering design, bid and construction phase services contract with
Maldonaldo-Burkett Intelligent Transportation Systems, LLP (MBITS)
of Corpus Christi, Texas in the amount of $668,956.56 for the design
of traffic signals approved in the 2014 Highway Safety Improvement
Program grant.
This Motion was recommended to the consent agenda.
BRIEFINGS: (NONE)Q.
ADJOURNMENTS.
The meeting was adjourned at 7:05 p.m.
Page 14Corpus Christi Printed on 3/24/2016
DATE:February 10, 2016
TO:Ronald L. Olson, City Manager
FROM:Daniel McGinn, AICP CFM Interim Director, Development Services
DanielMc@cctexas.com
(361) 826-3595
CAPTION:
Resolution authorizing the City Manager or designee to execute a developer
participation agreement with Ata O. Azali, LLC., (“Developer”), to reimburse the
Developer up to $224,662.67 for the City’s share of the cost to extend Oso Parkway, in
accordance with the Unified Development Code.
PURPOSE:
Ata O. Azali LLC., will extend Oso Parkway. The subdivision is located east of
Cimarron Boulevard, south of Yorktown and west of Salsa Drive.
BACKGROUND AND FINDINGS:
The developer, Ata O. Azali, LLC., is developing a single-family residential subdivision
named Queen’s Crossing Unit 2. The subdivision is located along the east of Cimarron
Boulevard, south of Yorktown and west of Salsa Drive. Queen’s Crossing Unit 2 will
contain 11 single-family residential lots. The Planning Commission approved the plat
for Queen’s Crossing Unit 2 on February 26, 2014. The participation agreement is for
half-street construction along Oso Parkway frontage and for the required extra thickness
of the asphalt.
ALTERNATIVES:
Denial of the Participation Agreement.
Approval of a Developer Participation Agreement to reimburse the developer for the City’s
cost to extend Oso Parkway
AGENDA MEMORANDUM
Future Item for the City Council Meeting of March 8, 2016
Action Item for the City Council Meeting of March 29, 2016
OTHER CONSIDERATIONS:
Not applicable
CONFORMITY TO CITY POLICY:
The developer will be extending and expanding Oso Parkway for a new subdivision as
provided in the Unified Development Code.
EMERGENCY / NON-EMERGENCY:
Non-emergency
DEPARTMENTAL CLEARANCES:
Legal
Finance
FINANCIAL IMPACT:
□ Operating □ Revenue □ Capital □ Not Applicable
Fiscal Year: 2015-
2016
Project to Date
Expenditures Current Year Future Years TOTALS
(CIP only)
Line Item Budget $750,000.00 $1,500,000.00 $750,000.00 $3,000,000.00
Encumbered /
Expended Amount 211,249.65 $1,183,019.42 $1,394,269.07
This item $208,946.10 $224,662.27 $433,608.37
BALANCE $538,750.35 $108,034.48 $525,337.73 $1,172,122.56
Fund(s): Bond 2012
Comments:
RECOMMENDATION:
Staff recommends approval of the resolution.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Location Map
Resolution- Ata O. Azali, LLC., -Queen’s Crossing Unit 2 Participation Agreement Page 1 of 2
RESOLUTION
RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE
TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH
ATA O. AZALI, LLC., (“DEVELOPER”), TO REIMBURSE THE
DEVELOPER UP TO $224,662.67 FOR THE CITY’S SHARE OF THE
COST TO EXTEND OSO PARKWAY, IN ACCORDANCE WITH THE
UNIFIED DEVELOPMENT CODE.
WHEREAS, the City has determined the agreement will carry out the purpose of
the Unified Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to execute a
developer participation agreement (“Agreement”), attached hereto, with Ata O.
Azali, LLC., (“Developer”), for the CITY’s portion of the cost of Oso Parkway,
including all related appurtenances, for development of Queen’s Crossing Unit 2,
Corpus Christi, Nueces County, Texas.
This resolution takes effect upon City Council approval on this the _____ day of
___________________, 2016.
ATTEST: THE CITY OF CORPUS CHRISTI
_____________________________ ____________________________
Rebecca Huerta Nelda Martinez
City Secretary Mayor
ATTEST: THE CITY OF CORPUS CHRISTI
_____________________________ ____________________________
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Corpus Christi, Texas
_________ of ___________________, 2016
The above resolution was passed by the following vote:
Nelda Martinez
Rudy Garza
Michael Hunter
Chad Magill
Colleen McIntyre
Brian Rosas
Lucy Rubio
Mark Scott
Carolyn Vaughn
PARTICIPATION AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of
Corpus Christi ("City"), a Texas home -rule municipal corporation, acting by and through its
City Manager, or his designee, and Ata O. Azali, LLC., ("Developer"), a Texas Limited
Liability Company, acting by and through its President.
WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces
County, Texas, being 12.393 acres of land, more or less, a portion of lots 25 & 26, Section
22, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires
to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is
attached to and incorporated in this Agreement by reference, to be known as Queen's
Crossing Unit 2 ("Plat");
WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and
construct Oso Parkway for a distance of approximately 1063 feet to connect with Salsa Drive
as depicted on and in accordance with the improvement requirements (the "Roadway
Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this
Agreement by reference;
WHEREAS, it is in the best interests of the City to have the public street infrastructure
installed by the Owner in conjunction with the Owner's final Plat;
WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to
make a contract with a developer of a subdivision or land in the municipality to construct
public improvements related to the subdivision or land; and
WHEREAS, this Agreement is made pursuant to the Local Government Code and
Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi.
NOW, THEREFORE, in order to provide a coordinated public street construction and
improvement project, the City and the Owner agree as follows:
A. The parties agree that the language contained in the preamble of this Agreement is
substantive in nature, is incorporated into this Agreement by reference, and has been relied
on by both parties in entering into and executing this Agreement.
B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct
the Roadway Extension for and on behalf of the City in accordance with the plans and
specifications approved in advance of construction by the City Engineer on behalf of the City.
The parties acknowledge and confirm the total cost estimate for construction of the Roadway
Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3
(the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion
of the costs of construction of the Roadway Extension. Further, subject to the limitations set
forth below, the City shall pay the remaining portion of the costs of construction of the
Roadway Extension, designated as the total amount reimbursable by the City on the Cost
Estimate.
C. Notwithstanding any other provision of this Agreement, the total amount that the City shall
pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed
$224,662.67.
D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the
Roadway Extension monthly, based on the percentage of construction completed Tess the
Owner's pro rata portion and contingent upon submission to the City of an invoice for the
work performed. The invoices must be paid by the City no later than thirty (30) days following
receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at
the address shown in section N of this Agreement.
E. In accordance with the Texas Local Government Code, the Owner shall execute a
performance bond for the construction of the Roadway Extension to ensure completion of the
project. The bond must be executed by a corporate surety in accordance with Chapter 2253
of the Texas Govemment Code.
F. The Owner shall submit all required performance bonds and proof of required insurance
coverage in accordance with applicable State and local laws as detailed in Exhibit 4.
G. Owner shall submit standard construction contract documents to the Executive Director of
Public Works for review and approval in advance of beginning any construction of the
Roadway Extension.
H. Throughout construction, the City shall conduct periodic inspections and either approve
the progress of the Roadway Extension or promptly notify the Owner of any defect,
deficiency, or other non -approved condition in the progress of the Roadway Extension.
I. The Owner shall fully warranty the workmanship and construction of the Roadway
Extension for a period of two years from and after the date of acceptance of the improve-
ments by the Executive Director of Public Works.
J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD
HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES,
AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY,
DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION
OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED
FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON
INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, 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
Ata 0. Azali, LLC. -Queen's Crossing Unit 2 Agmt vFinal Page 2 of 7
Standard Form Participation Agreement Version 1.01.20.16
CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER
PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE
CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE,
MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC
IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND
CONSTRUCTION OF THE ROADWAY EXTENSION OF QUEEN'S
CROSSING UNIT 2 DURING THE PERIOD OF CONSTRUCTION,
INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE
CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM,
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.
THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT.
K. DEFAULT. The following events shall constitute default:
1. Owner fails to submit plans and specifications for the Roadway Extension to the
Executive Director of Public Works in advance of construction.
2. Owner does not reasonably pursue construction of the Roadway Extension under the
approved plans and specifications.
3. Owner fails to complete construction of the Roadway Extension, under the approved
plans and specifications, on or before the expiration of 24 calendar months measured
from the date this document is executed by the City.
4. Either the City or the Owner otherwise fails to comply with its duties or obligations
under this Agreement.
L. NOTICE AND CURE.
1. In the event of a default by either party under this Agreement, the non -defaulting party
shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient
detail, the nature of the default and the requirements to cure such default.
2. After delivery of the default notice, the defaulting party has 15 days from the delivery of
the default notice ("Cure Period") to cure the default.
Ata 0. Azali, LLC. -Queen's Crossing Unit 2 Agmt vFinal Page 3 of 7
Standard Form Participation Agreement Version 1.01.20.16
3. In the event the default is not cured by the defaulting party within the Cure Period, then
the non -defaulting party may pursue its remedies in this section.
4. Should the Owner fail to perform any obligation or duty of this Agreement, the City
shall give notice to the Owner, at the address stated in section N, of the need to perform
the obligation or duty and, should the Owner fail to perform the required obligation or duty
within 15 days of receipt of the notice, the City may perform the obligation or duty,
charging the cost of such performance to the Owner.
5. In the event of an uncured default by the Owner, after the appropriate notice and Cure
Period, the City has all its common law remedies and the City may:
a. Terminate this Agreement after the required notice and opportunity to cure the
default;
b. Refuse to record a related plat or issue any certificate of occupancy for any
structure to be served by the project; and/or
c. Perform any obligation or duty of the Owner under this Agreement and charge the
cost of such performance to the Owner. The Owner shall pay to the City the
reasonable and necessary cost of the performance within 30 days from the date the
Owner receives notice of the cost of performance. In the event the Owner pays the
City under the preceding sentence and is not otherwise in default under this
Agreement, then the Agreement shall be considered in effect and no longer in default.
6. In the event of an uncured default by the City after the appropriate notice and Cure
Period, the Owner has all its remedies at law or in equity for such default.
M. FORCE MAJEURE.
1. The term "force majeure" as employed in this Agreement means and refers to acts of
God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur-
rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms;
floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not
reasonably within the control of the party claiming the inability.
2. If, by reason of force majeure, either party is rendered wholly or partially unable to
carry out its obligations under this Agreement, then the party claiming force majeure shall
give written notice of the full particulars of the force majeure to the other party within 10
days after the occurrence or waive the right to claim it as a justifiable reason for delay.
The obligations of the party giving the required notice, to the extent affected by the force
majeure, are suspended during the continuance of the inability claimed but for no longer
period, and the party shall endeavor to remove or overcome such inability with all
reasonable dispatch.
Ata 0. Azali, LLC. -Queen's Crossing Unit 2 Agmt vFinal Page 4 of 7
Standard Form Participation Agreement Version 1.01.20.16
N. NOTICES.
1. Any notice or other communication required or permitted to be given under this
Agreement must be given to the other party in writing at the following address:
If to the City: If to the Owner:
City of Corpus Christi Ata O. Azali, LLC
Attn: Director, Development Services Attn: Ata O. Azali
2406 Leopard Street / 78401 President
P.O. Box 9277/78469-9277 P.O. Box 8155
Corpus Christi, Texas Corpus Christi, Texas 78468
with a copy to:
City of Corpus Christi
Attn: Asst. City Manager, Business Support Services
1201 Leopard Street / 78401
P. O. Box 9277 / 78469-9277
Corpus Christi, Texas
2. Notice must be made by United States Postal Service, First Class mail, certified,
return receipt requested, postage prepaid; by a commercial delivery service that provides
proof of delivery, delivery prepaid; or by personal delivery.
3. Either party may change the address for notices by giving notice of the change, in
accordance with the provisions of this section, within five business days of the change.
O. Owner's contracts with the professional engineer for the preparation of the plans and
specifications for the construction of the Roadway Extension, contracts for testing services,
and contracts with the contractor for the construction of the Roadway Extension must provide
that the City is a third party beneficiary of each contract.
P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to
complete the Disclosure of Interests form attached to this Agreement and incorporated by
reference as Exhibit 5.
Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City
and the Owner from and after the date of the last signatory to this Agreement. This
Agreement expires 24 calendar months from the date this document is executed by the
City, unless terminated earlier in accordance with the provisions of this Agreement. Such
expiration date of this Agreement is presently anticipated, but not currently known, to be
March 29, 2018.
(EXECUTION PAGES FOLLOWS)
Ata 0. Azali, LLC. -Queen's Crossing Unit 2 Agmt vDraft Page 5 of 7
Standard Form Participation Agreement Version 1.0 1.20.16
EXECUTED in one original this day of , 2016.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Dan McGinn
City Secretary Development Services Director
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi,
Texas, and acknowledged before me on the day of , 2016.
Notary Public, State Of Texas
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was signed by Dan McGinn, Development Services Director, for the City of
Corpus Christi, Texas, and acknowledged before me on the day of
2016.
Notary Public, State Of Texas
APPROVED AS TO FORM: This
-day of ��� , 2016.
Juan Grant, Senior'Assista A omey
For the City Attorney
Ata 0. Azali, LLC. -Queen's Crossing Unit 2 Agmt vFinal Page 6 of 7
Standard Form Participation Agreement Version 1.01.20.16
OWNER: Ata O. Azali, LLC.
Ata O. za
President
tAl 17/14
Date
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on I UCt/L. 11 , 2016, by
Ata O. Azali, President, Ata O. Azali, LLC., a Texas Limited Liability Copany, on behalf of
said company.
ULTRA V PENA
NOTARY PUBUC
Uo ) Comm.Stte of Exp.12� 2019
� �,..� �. Exp.
Notary Public's Signature
Ata 0. Azali, LLC. -Queen's Crossing Unit 2 Agmt vFinal Page 7 of 7
Standard Form Participation Agreement Version 1.01.20.16
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❑S❑ PARKWAY EXHIBIT
QUEEN'S CROSSING UNIT 2
HATCHED AREA IS FOR
REIMBURSEMENT AT PARK
Exhibit 2
0 75' 150'
300'
SCALE' 1'= 150'
BASS AND WELSH ENGINEERING
CORPUS CHRISTI, TX
SURVEY REG. NO. 100027-00,
TX ENGINEERING REG. N0. F-52,
RLE: EXB-STR, JOB N0. 05069,
SCALE: 1" a 150'
PLOT SCALE: SAME. PLOT DATE
1/6/16, SHEET 1 OF 1
NIXON M. WELSH, P.E., R,P.LS.
Email. NixMW@acl.com
BASS WELSH ENGINEERING
TX Registration No. F-52
Survey Registration No. 100027-00
P.O. Box 6397
Corpus Christi, TX 78466-6397
QUEEN'S CROSSING UNIT 2
TOTAL COST ESTIMATE
03/30/15
3054 S. Alameda St.
361 882-5521— FAX 361 882-1265
ITEM 1 DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
STREET & SURFACE ITEMS (AT PARK & WIDEN WALK TO 8' IN 050 PKWY)
1
4" HMAC
140
57
36.50
5,110.00
2
6" CURB & GUTTER
70
LF
14.50
1,015.00
_ 3
11" UMESTONE BASE
172
57
35.00
6,020.00
4
8" UME STABILZED SUBGRADE TO 1'BC
172
5Y
7.80
1,341.60
5
4" THICK R/C WALK
4872
_
5F
4.60
22,411.20
6
STREET EXCAVATION
1
L5
12,500.00
12,500.00
7
CLEARING & GRUBBING
1
_ L5
3,500.00
3,500.00
TOTAL
51,897.80
ITEM 1 DESCRIPTION
QUANTTIY
UNIT
UNIT PRICE
AMOUNT
STREET & SURFACE ITEMS (NOT INCLUDING PARK OR WIDENING WALK)
1
4" HMAC
4448
57
36.50
162,352.00
2
4" THICK R/C WALK
9436
SF
4.60
43,405.60
3
6" CURB & GUTTER
2470
_
LF
14,50
35,815.00
4
11" LIMESTONE BASE
5548
5Y
35.00
194,180.00
5
8" UME STABILZED SUBGRADETO 1'BC
5548
5Y
7.80
43,274.40
6
STREET SIGNS
1
EA
300.00
300.00
7
EXCAVATION ALSO INCLUDING BACKFILL & SWALE ALONG E. SIDE
CIMARRON BLVD
1
L5
52,500.00
52,500.00
8
CLEARING & GRUBBING
1
_
1.5
8,800.00
8,800.00
TOTAL
540,627.00
ITEM i DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
MISCELLANEOUS CONSTRUCTION
1
BLANK 2" & 4" CONDUIT FOR AEP
100
LF
15.00
1,500.00
2
TRAFFIC CONTROL& BARRICADING PLAN (DURING CONSTRUCTION)
1
LS
4,800.00
4,800.00
3
TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER & STORM SEWER
PIPES OF ALL SIZES)
1369
LF
2.00
2,738.00
4
STORM WATER POLLUTION PREVENTION
1
L5
3,500.00
3,500.00
TOTAL
12,538.00
ITEM 1 DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
SANITARY SEWER ITEMS
1
4" OR 6" PVC SERVICES
11
EA
380.00
4,180.00
2
8" PVC PIPE
842
LF
48.00
40,416.00
3
FG MANHOLE4' DIAMETER
2
EA
3,800.00
7,600.00
4
ENO OF UNE RISER ASSEMBLY
1
EA
500.00
500.00
TOTAL
Exhibit 3
52,696.00
Page 1 of 3
NIXON M. WELSH, P.E., R.P.LS.
Email: NixMW@aol.com
BASS WELSH ENGINEERING
TX Registration No. F-52
Survey Registration No. 100027-00
P.O. Box 6397
Corpus Christi, TX 78466-6397
3054 S. Alameda St,
361 882-5521— FAX 361 882-1265
ITEM 1 DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
STORM SEWER ITEMS
1
5' INLET SLOT OR TYPE
4
EA
2,600.00
10,400.00
2
BRICK MANHOLE
1
EA
3,800.00
3,800.00
3
18" RCP
63
LF
44.00
2,772.00
4
30" RCP
462
_
LF
59.00
27,258:00
5
R/C CONCRETE LINING AT END OF PIPE
1
LS
3,500.00
3,500.00
6
ADJUST INLET TOP
1
LS
2,500.00
2,500.00
TOTAL
50,230.00
ITEM 1 DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
' AMOUNT
WATER ITEM - NON GRID ITEMS
1 'DOUBLE WATER SERVICE
5
EA
525.00
2,625.00
TOTAL
2.525.00
ITEM 1 DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12" GRID MAIN WATER ITEMS
112"
PVC PIPE
1077
LF
66.00
71,082.00
_
-2 ^
12"TEE
4
EA
900.00
3,600.00
3
FIRE HYDRANT ASSEMBLY
4
EA
3,600.00_
14,400.00
4
12" GATE VALVE W/BOX
2
EA
1,385.00
2,770.00
5
12" BEND EL, ANY ANGLE DI
3
EA
275.00
825.00
6
6" GATE VALVE
4
EA
800.00
3,200.00
7
6"X30" PVC NIPPLE
9
EA
225.00
2,025.00
8
6" BEND ANY ANGLE
3
EA
175.00
525.00
9
6" PVC PIPE
15
LF
50.00
750.00
_
10
12"X6" REDUCER
1
EA
300.00
300.00
TOTAL
TOTAL CONSTRUCTION
99,477.00
810,090.80
Exhibit 3 Page 2 of 3
NIXON M. WELSH, P.E., R.P.L.S.
Email: NIxMW@aol.com
BASS WELSH ENGINEERING
TX Registration No. F-52
Survey Registration No. 100027-00
P.O. Box 6397
Corpus Christi, TX 78466-6397
QUEEN'S CROSSING UNIT 2
01/06/16
3054 S. Alameda St.
361 882-5521'- FAX 361882-1265
05069-PARK-STR-CO M B I N ED.X LS
ITEM 1 DESCRIPTION QUANTITY 1 UNIT UNIT PRICE I AMOUNT
050 PARKWAY IMPROVEMENTS AT UNEAR PARK
1
4" HMAC
I 140
5Y
36.50
5,110.00
2
4" THICK R/C WALK
4872
SF
4.60_
22,411.20
3
6" CURB & GUTTER
70
LF
14.50
1,015.00
4
11" CRUSHED UMESTONE BASE TO 2' BC
172
SY
35.00
6,020.00
5
8" LIME STABILIZED SUBGRADE TO 2' BC
172
SF
7.80
1,341.60
6
STREET EXCAVATION
1
15
12,500.00
12,500.00
7
CLEARING & GRUBBING
1
IS
3,500.00
3,500.00
SUBTOTAL
$51,897.80
ITEM DESCRIPTION 1 QUANTITY 1 UNIT 1 UNIT PRICE 1 AMOUNT
_I
OVERDEPTH 050 PARKWAY ITEMS
1
OVERDEPTH HMAC FROM 2" TO 4"
2" HMAC AT $18.25/SY
4" HMAC AT 536.50/5Y
4448
SY
18.25
81,176.00
DIFFERENCE _ $18.25/SY
2
OVERDEPTH CRUSHED UMESTONE BASE FROM 8" TO 11"
8" CRUSHED UMESTONE BASE AT $2250/SY
11" CRUSHED LIMESTONE BASE AT $35.00/SY
5546
SY
12.50
69,325.00
DIFFERENCE = 512.50/5Y
SUBTOTAL
TOTAL PARK AND STREET ITEMS
11% ENGINEERING, SURVERYING & TESTING
TOTAL AMOUNT REIMBURSEABLE
$150,501.00
$202,398.80
22.263.87
$224,662.67
Exhibit 3 Page 3 of 3
INSURANCE REOUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained
and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been so obtained.
B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with
applicable policy endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General
Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable
policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day Notice of Cancellation required on all
certificates or by policy endorsement(s)
Bodily injury and Property Damage
Per Occurrence / aggregate
COMMERCIAL GENERAL LIABILITY
1. Broad Form
2. Premises - Operations
3. Products/Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal and Advertising Injury
8. Professional Liability (if applicable)
9. Underground Hazard (if applicable)
10. Environmental (if applicable)
$1,000,000 Per Occurrence
$2,000,000 Aggregate
BUSINESS AUTOMOBILE LIABILITY
1. Owned
2. Hired & Non -owned
3. Rented & Leased
$1,000,000 Combined Single Limit
WORKERS' COMPENSATION
(for paid employees)
EMPLOYER'S LIABILITY
Which Complies With The Texas Workers'
Compensation Act And Paragraph it Of
This Exhibit.
$500,000 / $500,000 / $500,000
PROPERTY INSURANCE
Contractor shall be responsible for insuring all owned,
rented, or leased personal property for all perils.
C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with
copies of all reports of such accidents within ten (10) days of the accident.
Exhibit 4
Page 1 of 3
II. ADDITIONAL REQUIREMENTS
A. Contractor must obtain workers' compensation coverage through a licensed insurance company in
accordance with Texas law. The contract for coverage must be written on a policy and endorsements
approved by the Texas Department of Insurance. The coverage provided must be in amounts
sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All
States endorsement shall be included for Companies not domiciled in Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor'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. Contractor shall be required to submit replacement certificate of insurance to City at the address
provided below within 10 days of the requested change. Contractor shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to City at the following
address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-4555- Fax #
D. Contractor 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, volunteers, and elected representatives as additional
insured by endorsement, or comparable policy language, as respects to operations, completed
operations and activities of, or on behalf of, the named insured performed under contract with the City.
• 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. City shall have the option to suspend Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which
become due to Contractor hereunder until Contractor demonstrates compliance with the requirements
hereof.
Exhibit 4 Page 2 of 3
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may
be held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this agreement.
H. It is agreed that Contractor'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 and completed operations and activities 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.
Exhibit 4 Page 3 of 3
City of
_ Corpus
Christi
in/ku/latix
DISCLOSURE OF INTERESTS
City or Carpus Christi, Teras
Department of Development Services
PA, Bax 9277
Corpus Christy, Texas 78469-9277
(361) 826-3240
Loaned at• 2406 Leopard Street
(Comer of Leopard St. and Pori 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: /2_7
STREET:
CITY:
FIRM Is: 0 Corporation 0 Partnership (eole Owner
Assoc'
ZIP:
on 0 Other
DISCLOSURE QUESTIONS
If additional space's 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)
tr.
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
M �h
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
t A /V' A-
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
p I f7
Consultant
Ar
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 wili6pjomptll submitted to
the City of Corpus Christi, Texas as changes occur. r,,,
Certifying Person: (-1°X' 7,/_ / T't'�`"'' " /6 OWK t . D
(Prin.,
Signature of Certifying Person: I to Date: / 4A -/6
6
LC,DEVELOPl ENTSVc51SHAREP1LAND DEVELOPMENTIO:. CE AD
STATEMENTIS712.DOC
Exhibit 5
RMS AS PER LEOALu0121DISCLOSURE OF INTERESTS Page 1 of 2
DEFINITIONS
a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of
Corpus Christi, Texas.
b. "Employee'. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but
not as an independent contractor.
c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether
established to produce or deal with a product or service, including but not limited to, entities operated in the form
of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,
receivership or trust and entitles which, for purposes of taxation, are treated as non-profit organizations.
d. 'Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City
Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas.
e. "Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including
when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to
holding or control established through voting trusts, proxies or special terms of venture or partnership
agreements.
f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the
purpose of professional consultation and recommendation.
KIDEVEI.OPMENTSvCSSHAREDLLAND DEVELOPtEMWRDINANCU ADMIMSTRATIONVIPPI.ICATION FOAMSIFORMS AS PER LEOALIwl2 DISCLOSURE OF INTERESTS Page 2 of 2
STATEMENIIZT 12DOC Exhibit 5
Vicinity Map
VICINITY MAP
QUEEN'S CROSSING UNIT 2
QUEEN'S CROSSING UNIT 2
Gulf of
Mexico
Aerial Overview
AERIAL OVERVIEW
QUEEN'S CROSSING UNIT 2
t
N
Aerial
AERIAL MAP
QUEEN'S CROSSING UNIT 2
A
3
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos, 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE
CERTIFICATION
ONLY
OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Ata 0 Azali. LLC
pob 8155, TX United States
Certificate Number:
2016-12493
Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
city of corpus christi
02/11/2016
Date Acknowledged:
g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract,
queens crossing unit 2
street participation agreement
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT
�J A J _ A A h J� A A
o� aYP,e;\ ROSIE LOPEZ
n� ° lo# 481064-5
• Pi • Notary Public
\T , .. STATE OF TEXAS
h.'RroFtt My Comm. Exp. 07-15.2017
v-4,--vivvv-.-vvvw -4..-
AFFIX
AFFIX NOTARY STAMP / SEAL ABOVE /��1
Sworn to and subscribed before me, by the said /
1 swear, or affirm, under penalty of perjury, that the above disclosure is
true and correct.
Signature of authorized agent of con
/ /� J( /y/�
/ / / v i / 74_ I/' this the //
ting hu ness entity
4 ,
day or Fi
20 / " , lo certify which, witness my hand and seal
_
of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www_Pthics date fY lig Mreinn V1 r1 4AOAA
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of March 8, 2016
Second Reading Ordinance for City Council Meeting of March 29, 2015
DATE:
TO: Ronald L. Olson, City Manager
February 24, 2016
FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department
StacieT@cctexas.com
361-826-3460
Interlocal Agreement with Nueces County for Improvements at West Haven Park
CAPTION:
Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with
Nueces County for park improvements at West Haven Park located near intersection of Cliff
Maus Drive at Rockford Drive.
PURPOSE:
To approve an interlocal agreement with the Nueces County to make improvement at West
Haven Park
BACKGROUND AND FINDINGS:
West Haven Park is located at 1718 Cliff Maus Drive across the street from the West Oso
Independent School District Administrative Offices. The park is 8.62 acres and is designated as
Neighborhood Park within the Parks and Recreation Master Plan.
County Commissioner Joe A. Gonzalez (JAG) and the Nueces County Inland Park Department
approached the City to make improvements at the park in 2015. When maintenance concerns
limited the scope of the project, Commissioner JAG worked with West Oso ISD and
Councilmembers Rubio and Magill to help develop a plan to see the project come to fruition.
Phase 1 of the improvements include a new walking trail, improved irrigation and turf for a multi-
use field, a new park sign with landscaping, exercise equipment and lighting.
West Oso ISD and the Corpus Christi Parks & Recreation Department are drafting an agreement
to share maintenance responsibilities of the park. The Parks and Recreation Department will
continue to maintain the park at currently funded levels. In addition, based on budget availability
and potential partnership, the department will oversee phase 2 of the improvements.
ALTERNATIVES:
Do not approve the agreement
OTHER CONSIDERATIONS:
None
CONFORMITY TO CITY POLICY:
City Council must approve all interlocal agreements
EMERGENCY / NON -EMERGENCY:
Non -emergency
DEPARTMENTAL CLEARANCES:
Legal
FINANCIAL IMPACT:
o Operating o Revenue
o 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): n/a
Comments: none
RECOMMENDATION:
Staff recommends approval of this agenda item.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Proposed Improvements - West Haven Park
Interlocal Agreement
Resolution authorizing the City Manager or designee to execute an
Interlocal Agreement with Nueces County for park improvements at
West Haven Park located near intersection of Cliff Maus Drive at
Rockford Drive
Now, therefore be it resolved by the City Council of the City of Corpus Christi,
Texas, as follows:
Section 1. That, the City Manager or his designee is authorized to execute an Interlocal
Agreement with Nueces County for improvements and use of West Haven Park. A copy
of the Interlocal Agreement will be filed with the office of the City Secretary.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta
City Secretary
Corpus Christi, Texas
of
Nelda Martinez
Mayor
The above resolution was passed by the following vote:
Nelda Martinez
Rudy Garza
Michael Hunter
Chad Magill
Colleen McIntyre
Brian Rosas
Mark Scott
Carolyn Vaughn
Lucy Rubio
INTERLOCAL AGREEMENT REGARDING WEST HAVEN PARK
AGREEMENT
BETWEEN NUECES COUNTY
AND
CITY OF CORPUS CHRISTI
This Interlocal Cooperation Agreement ("Agreement") is entered into by and between
Nueces County, a political subdivision of the State of Texas, herein "County" and the
City of Corpus Christi, a home rule municipality found in Nueces County, Texas, herein
"City", under the authority and in accordance with the Interlocal Cooperation Act, as set
out in Chapter 791 of the Texas Government Code.
WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the
state to enter into contracts for governmental functions and services to increase their
efficiency and effectiveness,
WHEREAS, City owns property located at 1700 Cliff Maus, Corpus Christi, Texas
78416, known as West Haven Park, "Premises" as described and identified on Exhibit A;
WHEREAS, the County desires in conjunction with the City to make improvements to
these Premises so as to provide Nueces County residents additional recreational facilities
for their use and promote its public purpose of public recreation;
WHEREAS, section 332.021 of the Texas Local Government Code allows two political
subdivisions to jointly by agreement to construct park or recreational facilities located on
property owned by either political subdivision;
WHEREAS, the County and City will derive a mutual benefit from this agreement as
City's Premises will be enhanced with additional park or recreational facilities and
County will be able to provide additional recreational facilities to the residents of Nueces
County;
WHEREAS, the County, the City and all of their respective residents will be able to use
the Premises and related improvements;
NOW THEREFORE, the County and City, in consideration of the mutual promises and
covenants herein, agree as follows:
1. Effective Date; Term. This Agreement takes effect on the date of last
signature (the "Effective Date"). The term of this Agreement is three (3)
years.
2. Contact Person/Agreement Administrator. For this Agreement, the contact
person and Agreement administrator for the County is the Director of
Page 1 of 12
Community Services/ Inland Parks ("Director"). The contact person and
Agreement administrator for the City is the Director of Parks and Recreation.
3. Premises. City agrees to allow County use of the Premises, as described and
delineated in Exhibit A, the site map which is attached hereto and
incorporated herein to this Agreement by reference, for construction and use
of the Improvements.
4. Improvements. The improvements ("Improvements") to be constructed are
shown on attached Exhibit A. Modifications to the Improvements and
additional Improvements may be approved by the City Manager or designee
and the County Judge or designee. Improvements will be constructed in
two phases.
a. Phase I: The first construction phase will be to construct walking trails
with a cluster of exercise stations, athletic field, half-basketball court,
irrigation system, landscaping, and lighting. Funding for the first
construction phase in an amount not to exceed $240,000 will be provided
by the County, and an amount not to exceed $6,700 of Community
Enrichment Funds will be provided by the City. The City shall issue
payment to County upon receipt of invoice to be submitted to City after
completion of Phase 1 construction. The County shall be responsible to
contract and oversee the construction for the first construction phase of
Improvements. The City will be responsible for any permitting fees, or
any other applicable fees in relation to this construction, including
irrigation and backflow certification filing fees.
Phase 2: Funding for the second construction phase will be provided by the
City. Upon availability of City funding, the second construction phase will
begin and may include the following: construct two (2) parking areas with
concrete sidewalks, a gazebo and picnic tables and other park amenities.
County agrees to provide 25% of the total costs for completion of Phase 2 up
to maximum of $25,000 subject to County appropriations and contingent
upon City's availability of funds to complete Phase 2 within one year of
completion of Phase 1.. The County shall issue payment to City upon receipt
of invoice to be submitted to County after completion of Phase 2 construction.
The City shall be responsible to contract and oversee the construction for the
second construction phase of Improvements subject to availability of funding.
5. Construction terms and conditions. In performing any construction at West
Haven Park, City and County agree to comply with terms outlined on Exhibit
B, as applicable.
6. Maintenance. The City will be responsible for the maintenance of the
Premises and all improvements, including those constructed under this
agreement, to be provided in same manner and level of maintenance as the
level of maintenance prescribed by the City's Master Plan for parks. The
City retains the right to remove any improvements at the Premises deemed to
be in unsafe condition by the City's Director of Parks and Recreation after
consulting with the County's Parks Director.
7. Use of the Premises. City must not deny access to or use of the Premises or
areas of the Premises to the general public for unorganized activities. County
Page 2 of 12
and City residents will have reasonable access to Premises and may reserve
events at Premises pursuant to City's reservation procedures and fees. This
provision shall survive any termination of this agreement.
8. Primary Purpose. City must use and maintain the Premises as a recreational
area open to the general public. Any use of the Premises shall be subject to
the City's standard procedures and fees except that, during the term of this
Agreement, any City fees charged must be in accordance with Chapter 316 of
the Texas Local Government Code, and any subsequent amendment thereof.
In particular, during term of this Agreement, no fees shall be charged to a
sports team composed primarily of minors and sponsored and supported by a
nonprofit organization for use of the sports fields or basketball court and no
fees shall be charged for the use of a restroom facility, water for human
consumption, or an entrance fee to the Premises.
9. Additions and Alterations.
a. County shall not make any additions or alterations to the Premises other
than as set out in Phase I without the City's prior written approval.
10. Utilities. City will pay for all utilities used at Premises.
11. Non -Discrimination. Neither party shall discriminate nor permit
discrimination against any person or group or persons, as to employment and
in the provision of services, activities, and programs, on the grounds of race,
religion, national origin, sex, physical or mental disability, or age, or in any
manner prohibited by the laws of the United States of the State of Texas. City
will provide program access or remove barriers to accessibility under the
American with Disabilities Act to allow individuals with disabilities the
opportunity to participate and receive the benefits of services, programs and
activities that are offered.
12. Compliance with Laws.
a. Each party must comply with all Federal, State, and local government
laws, rules, regulations, and ordinances, which may be applicable to its
operation at the Premises and its performance under this Agreement. City
will provide program access or remove barriers to accessibility under the
American with Disabilities Act to allow individuals with disabilities the
opportunity to participate and receive the benefits of services, programs
and activities that are offered.
b. All actions brought to enforce compliance with any law or to enforce any
provision of this Agreement will be brought in Nueces County where this
Agreement was executed and will be performed.
Nothing herein shall be construed as a waiver of the either party's
governmental and sovereign immunity.
13. No debts and Fiscal Funding. Neither party shall incur any debts or
obligations on the credit of the other party during the term of this Agreement.
In the event that payments or expenditures are made, they shall be made from
current funds as required by Chapter 791, Texas Government Code.
Page 3 of 12
14. Termination. If there is noncompliance with one or more of the provisions
contained herein, written notice shall be provided to the non-compliant party
to cure or begin curing the default(s) within ten (10) days of receipt of the
notice. If compliance or substantial compliance with each provision
identified by the written notice has not been achieved within ten (10) days of
receiving said notice, the Agreement will terminate for cause upon written
notice of termination and listing one or more areas of continued
noncompliance. Either party may terminate this Agreement without cause
upon thirty (30) days written notice to the other party. However, during
construction of the Improvements under this Agreement, the agreement may
only be terminated for cause.
15. Notice. All notices, demands, requests, or replies provided for or permitted,
under this Agreement, by either party must be in writing and must be
delivered by one of the following methods: (1) by personal delivery; (2) by
deposit with the United States Postal Service as certified or registered mail,
return receipt requested, postage prepaid. Notice deposited with the United
States Postal Service in the manner described above will be deemed effective
two (2) business days after deposit with the United States Postal Service. All
such communications must only be made to the following:
IF TO COUNTY:
County Judge
Nueces County
901 Leopard Rm 303
Corpus Christi, Texas 78401
(361)888-0444
with copy to:
Director of Community Services/Inland Parks
4540 FM892
Robstown, Texas 78380
(361)387-5445
IF TO CITY:
City of Corpus Christi
Attn: Director of Parks and Recreation
P. O. Box 9277
Corpus Christi, Texas 78469
Any party may change the address to which notice is sent by using a method set out
above.
Page 4 of 12
16. Amendments. No alterations, changes, or modifications of the terms of this
Agreement or the waiver of any provision will be valid unless made in writing
and signed by a person authorized to sign agreements on behalf of each party.
17. Waiver.
a. The failure of either party to complain of any act or omission on the part
of the other party, no matter how long the same may continue, will not be
deemed a waiver by said party of any of its rights hereunder.
b. No waiver of any covenant or condition or of the breach of any covenant
or condition of this Agreement by either party at any time, express or
implied, shall be taken to constitute a waiver of any subsequent breach of
the covenant or condition nor shall justify or authorized the nonobservance
on any other occasion of the same or any other covenant or condition
hereof.
c. If any action by requires the consent or approval of the other party on one
occasion, any consent or approval given on said occasion will not be
deemed a consent or approval of the same or any other action at any other
occasion.
d. Any waiver or indulgence of default of any provision of this Agreement
shall not be considered an estoppel against the non -defaulting party. It is
expressly understood that, if at any time default in any of its conditions or
covenants hereunder has occurred, the failure to promptly avail itself of
said rights and remedies which the non -defaulting party may have will not
be considered a waiver on the part of the non -defaulting party, but the
non -defaulting party may at any time avail itself of said rights or remedies
or elect to terminate this Agreement on account of said default.
18. Force Majeure. No party to this Agreement will be liable for failures or
delays in performance due to any cause beyond their control including,
without limitation, any failures or delays in performance caused by strikes,
lock outs, fires, act of God or the public enemy, common carrier, severe
inclement weather, riots or interference by civil or military authorities. The
rights and obligations of the parties will be temporarily suspended during this
period to the extent performance is reasonably affected.
19. Assignment. This Agreement may not be assigned, or transferred directly or
indirectly.
20. Captions. The captions in this Agreement are for convenience only, are not a
part of this Agreement, and do not in any way limit or amplify the terms and
provisions of this Agreement.
21. Severability.
a. If, for any reason, any section , paragraph, subdivision, clause, provision,
phrase, or word of this Agreement or the application hereof to any person
or circumstance is, to any extent, held illegal, invalid, or unenforceable
under present or future law or by a final judgment of a court of competent
jurisdiction, then the remainder of this Agreement, or the application of
said term or provision to persons or circumstances other than those as to
which it is held illegal, invalid, or unenforceable, will not be affected
thereby, for it is the definite intent of the parities to this Agreement that
Page 5 of 12
every section, paragraph, subdivision, clause, provision, phrase, or word
hereof be given full force and effect for its purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this
Agreement, then the remainder of this Agreement 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 Agreement automatically.
22. Entirety Clause. This Agreement and the attached an incorporated exhibits
constitute the entire agreement between the parties.
EXECUTED IN DUPLICATE, each of which shall be considered an original, and
effective on this the day of , 2016.
Nueces County: Attest:
Samuel Loyd Neal, Jr.
County Judge
Kara Sands
County Clerk
City of Corpus Christi Attest:
Name: Name:
Title: Title:
Page 6 of 12
EXHIBIT A
Page 7 of 12
0
SCALE 1"=100'
100' 200'
■'■'■N■E■M
PHASE 1
PROPOSED FRONT SIGN
LANDSCAPING
PHASE 1
PROPOSED EXERCISE AREA
(5 STATIONS)
PHASE 2
PROPOSED PARKING AREA 15 SPACES
WITH CONCRETE SIDEWALK
Y
-PHASE 2
PROPOSED GAZEBO
AND PICNIC TABLES
ROCKFORD DR
I— -,
PHASE 2
PROPOSED PARKING AREA 20 SPACES
WITH CONCRETE SIDEWALK
PHASE 1
PROPOSED WALKING TRAILS
2,400 LF TOTAL
PHASE 1
PROPOSED ATHLETIC FIELD
360'x240'
PHASE 1
PROPOSED FIELD
LIGHTING (4 TYP.)
INNS DOCUMENT IS FOR INTERIM REVIEW AND
IS NOT INTENDED FOR CONSTRUCTION.
BIDDING. POUT OR OTHER UNAUTHORIZED
PURPOSES. THESE DOCUNENTS/PUMS WERE
AUTHORIZED TO BE RELEASED.
By. JUAN A. PIMENTEL PE
LICENSE NO• 95847 DATE:3/1/16
Aitt
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PHASE 2
RENOVATIONS TO EXISTING PLAYGROUND
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IC,aPEFIRMNO.F366 FAX
CITY OF CORPUS CHRISTI, TEXAS
WEST HAVEN PARK IMPROVEMENTS PROJECT
PHASE 1 & PHASE 2 EXHIBIT
Exhibit B
Terms regarding construction of improvements at West Haven Park
A. When constructing the Improvements, the plans and specifications shall be
prepared by state -licensed architects or engineers. The plans and specifications are
subject to approval of the City Manager or designee. Construction shall not begin until
the City Director of Capital Programs or designee has reviewed and approved the
construction plans and specifications.
B. The contractor shall maintain City park property in a sanitary, safe and clean
condition during construction activities.
C. The contractors who are awarded contracts for construction of the Improvements
shall furnish the following bonds by surety companies authorized to do business in
Texas:
1. Payment Bond - A payment bond in the amount of One Hundred Percent
(100%) of the contract for construction of the Improvements shall be
furnished for the protection of all persons, firms and corporations who
may furnish materials or perform labor. The payment bond shall be made
with County/City as an Obligee.
2. Performance Bond - A performance bond in the amount of One Hundred
Percent (100%) of the contract for construction of the Improvements shall
be furnished covering the faithful performance of the contract. The
performance bond shall be made with County/City as an Obligee.
D. All construction agreements for the Improvements shall include the following
provisions:
1. Contractor does hereby agree to waive all claims, release, indemnify,
defend and hold harmless the City of Corpus Christi and Nueces County
and all of its officials, officers, agents and employees, in both their public
and private capacities, from and against any and all liability, claims,
losses, damages, suits, demands or causes of action including all expenses
of litigation and/or settlement, court costs and attorney fees which may
arise by reason of injury to or death of any person or for loss of, damage
to, or loss of use of any property occasioned by error, omission, or
negligent act of contractor, its officers, agents, employees, subcontractors,
invitees or any other person, arising out of or in connection with the
performance of this agreement, and contractor shall at his or her own cost
and expense defend and protect the City of Corpus Christi and Nueces
County from any and all such claims and demands.
Page 9 of 12
2. Contractor does hereby agree to waive all claims, release, indemnify,
defend and hold harmless the City of Corpus Christi and Nueces County
and all of its officials, officers, agents and employees from and against any
and all claims, losses, damages, suits, demands or causes of action, and
liability of every kind including all expenses of litigation and/or
settlement, court costs and attorney fees for injury or death of any person
or for loss of, damages to, or loss of use of any property, rising out of or in
connection with the performance of this agreement. Such indemnity shall
apply whether the claims, losses, damages, suits, demands or causes of
action arise in whole or in part from the negligence of the City of Corpus
Christi or Nueces County, its officers, officials, agents or employees. It is
the express intention of the parties hereto that the indemnity provided for
in this paragraph is indemnity by Contractor to indemnify and protect the
City of Corpus Christi and Nueces County from the consequences of the
City of Corpus Christi's or Nueces County's own negligence, where that
negligence is a sole or concurring cause of the injury, death or damage.
3. In any and all claims against any party indemnified hereunder by any
employee of contractor, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be
liable, the indemnification obligation herein provided shall not be limited
in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for contractor or any subcontractor
under workman's compensation or other employee benefit acts.
E. The contractor shall furnish insurance in such amounts as specified below and
include in all construction agreements for the Improvements the following language:
1. Prior to commencement of any activity on City of Corpus Christi's
property, contractor shall purchase and maintain during the term of this
contract, at its own expense, hereinafter stipulated minimum insurance
with companies duly authorized to do business in the State of Texas.
Contractor shall not allow any subcontractor to commence work until all
similar insurance of the subcontractor has been obtained. All insurance
policies provided under this Agreement shall be written on an
"occurrence" basis.
Workers' Compensation as required by law.
Employer's Liability Insurance of not less than $500,000.00 for each
accident, $500,000.00 disease for each employee, $500,000.00 disease as
policy limit
Commercial General Liability Insurance, including Independent
Contractor's Liability, Products/Completed Operations and Contractual
Liability, covering, but not limited to the indemnification provisions of
Page 10 of 12
this contract, fully insuring Contractor's liability for injury to or death of
employees of the City of Corpus Christi and third parties, extended to
include personal injury liability coverage, and for damage to property of
third parties, with a combined bodily injury and property damage
minimum limit of $1,000,000 per occurrence.
Comprehensive Automobile and Truck Liability Insurance, covering
owned, hired and non -owned vehicles, with a combined single limit of
$1,000,000 per occurrence.
Builder's Risk. The contractor shall purchase an All Risk builder's risk
policy in the amount of the construction cost for the duration of this
project.
2. It is agreed by all parties to this Agreement that the insurance required
under this Agreement shall:
a. Be written with the City of Corpus Christi and Nueces County as
additional insured on applicable policies and that the policy phrase
"other insurance" shall not apply to the City of Corpus Christi
where the City of Corpus Christi is an additional insured shown on
the policy.
b. Provide for thirty (30) days written notice of cancellation to the
City of Corpus Christi and Nueces County, material change or any
other cause.
c. Be written through companies duly authorized to transact that class
of insurance in the State of Texas.
d. Waive subrogation rights for loss or damage so that insurers have
no right to recovery or subrogation against the City of Corpus
Christi or Nueces County, it being the intention that the required
insurance policies shall protect all parties to the Agreement and be
primary coverage for all losses covered by the policies.
e. Provide a Certificate of Insurance evidencing the required
coverages to:
City Manager
City of Corpus Christi
Post Office Box 9277
Corpus Christi, Texas 78469-9277
Risk and Safety Manager
City of Corpus Christi
Page 11 of 12
Post Office Box 9277
Corpus Christi, Texas 78469-9277
F. All work to be performed by contractors, including all workmanship and
materials, shall be of first-class quality and shall be performed in full compliance and in
accordance with all federal, state and local laws, ordinances, codes and regulations, and
such work shall be subject to City inspection during the performance thereof and after it
is completed. However, the City shall have no duty to inspect during Phase I
Improvements.
G. County nor its contractor shall neither give nor grant, nor purport to give or grant
any mechanic's or materialmen's lien upon the City's property or upon any
Improvements thereupon in the process of construction or repair, nor allow any condition
to exist or situation to develop whereby any party should be entitled, as a matter of law,
to a mechanic's or materialmen's lien against the City's property or Improvements
thereon, and County shall discharge any such lien within thirty (30) days after notice of
filing thereof.
H. County shall endeavor to ensure that construction under this Agreement is
provided in an orderly and proper manner, considering the nature of such operation, so as
not to unreasonably annoy, disturb, or endanger others.
I. Before any work on City property begins, County shall present the City Director
of Capital Programs, the City Risk Manager or designee, and the City Manager with
evidence of Contractor's insurance coverages, and City building and construction
permits. Before any work on Phase II Improvements begins, City shall present the, the
County Inland Parks Director or designee with evidence of Contractor's insurance
coverages.
Page 12 of 12
0
SCALE 1=100'
100 200'
EMMEN
MI IN IN
PHASE 1
PROPOSED FRONT SIGN
LANDSCAPING
PHASE 1
PROPOSED WALKING TRAILS
2,400 LF TOTAL
PHASE 1
PROPOSED EXERCISE AREA
(5 STATIONS)
PHASE 2
PROPOSED PARKING AREA 15 SPACES
WITH CONCRETE SIDEWALK
PHASE 2
PROPOSED GAZEBO
AND PICNIC TABLES
PHASE 2
PROPOSED PARKING AREA 20 SPACES
WITH CONCRETE SIDEWAU<
EXISTING COVERED PICNIC TABLE
PHASE 1
PROPOSED ATHLETIC FIELD
360'x240'
/ '44
44L.
PHASE 2
_
'we
RENOVATIONS TO EXISTING PLAYGROUND
4iikt
"Pr.4,0
PHASE 1
PROPOSED FIELD
LIGHTING (4 TYP.)
THIS DOCUMENT 6 FOR *MEI REVIEW AND
IS NOT INTENDED FOR CONSTRUCTION,
WONG. MONT OR OTHER UNAUTHORIZED
PURPOSES. THESE DOCUMENTS/PLANS MERE
AUTHORIZED TO IEE FIELEASED.
BY JUAN A. PIMENTEL P.E.
LEDISE NO.. 95847 Dm 3/1/16
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TEILVETATION. SUITE .1 rSVI1
CORPUS CTIRISTI. CMS ESCT4
TOPE FIRIA F.1b6 WNW LNYTIC.0061
CITY OF CORPUS CHRISTI, TEXAS
WEST HAVEN PARK IMPROVEMENTS PROJECT
PHASE 1 & PHASE 2 EXHIBIT
AGENDA MEMORANDUM
Future Item for the City Council Meeting of March 08, 2016
Action Item for the City Council Meeting of March 29, 2016
DATE: March 08, 2016
TO: Ronald L. Olson, City Manager
FROM: Stacie Talbert, Interim Director of Parks and Recreation
StacieT@cctexas.com
(361) 826-3476
Maria Pedraza, Procurement Manager
mariape@cctexas.com
(361) 826-3176
Service Agreements for Bayfront Parks and Medians Turf and Grounds Maintenance
CAPTION:
Resolution awarding service agreements to the lowest responsible bidder for each
acreage group in response to Bid Event No. 82; and authorizing the City Manager or
designee to execute all documents related to this bid award totaling up to $216,279.35.
Funds have been budgeted by the Parks and Recreation Departments in FY 2015-
2016.
PURPOSE:
These service agreements will provide mowing for the Bayfront Parks and Medians Turf
and Grounds Maintenance. Dorame General Repair, Corpus Christi, Texas is the lowest
responsible bidder for Group 5 for a total of $42,012.60 and J&J Lawn & Lot, Corpus
Christi, Texas is the lowest responsible bidder for Groups 6, 7 and 8 for a total of
$174,266.75. The grand total for the two service agreements shown above is
$216,279.35 of which $108,139.67 is required for the remainder of FY 2015-2016. The
terms of the contracts will be for twelve months with options to extend for up to four
additional twelve-month periods, subject to the approval of the Contractor and the City
Manager or designee.
BACKGROUND AND FINDINGS:
Award recommendation is based on lowest responsible bids. These contract locations
include some high profile areas as well as some back yard parks. Bidders for high-
profile areas must have experience working in Parks & Recreation Department's high
profile/landscape intensive areas. Currently, these locations are being serviced by
contractors using Purchasing Orders at a higher cost per acre until this contract is
awarded.
ALTERNATIVES:
If not approved, these parcels would continue under a more costly temporary contract
until a re -bid occurs.
OTHER CONSIDERATIONS:
Not applicable.
CONFORMITY TO CITY POLICY:
This purchase conforms to the City's purchasing policies and procedures and State
statutes regulating procurement.
EMERGENCY / NON -EMERGENCY:
Non -emergency
DEPARTMENTAL CLEARANCES:
Parks and Recreation Department
FINANCIAL IMPACT:
x Operating ❑ Revenue
❑ Capital
❑ Not applicable
Fund(s): Parks and Recreation General Fund
Comments: The $108,139.67 financial impact shown above represents six months of
expenditure for these agreements. Funds have been allocated in the FY2015-2016
budget.
RECOMMENDATION:
Staff recommends approval of the resolution as presented.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Bid Tabulation
Maps - Groups 5, 6, 7 and 8
Service Agreement - JJ Lawn
Service Agreement - Dorame
Project to Date
Fiscal Year: 2015-
Expenditures
Current
2016
(CIP only)
Year
Future Years
TOTALS
Line Item Budget
$578,805.51
$108,139.68
$686,945.19
Encumbered /
Expended Amount
$262,382.16
$0
$262,382.16
This item
$108,139.67
$0
$108,139.67
BALANCE
$208,283.68
$108,139.68
$316,423.36
Fund(s): Parks and Recreation General Fund
Comments: The $108,139.67 financial impact shown above represents six months of
expenditure for these agreements. Funds have been allocated in the FY2015-2016
budget.
RECOMMENDATION:
Staff recommends approval of the resolution as presented.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Bid Tabulation
Maps - Groups 5, 6, 7 and 8
Service Agreement - JJ Lawn
Service Agreement - Dorame
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Copyright 2014 City of CorpusChristi
Resolution awarding service agreements to the lowest responsible
bidder for each acreage group in response to Bid Event No. 82; and
authorizing the City Manager or designee to execute all documents
related to this bid award totaling up to $216,279.35. Funds have been
budgeted by the Parks and Recreation Departments in FY 2015-2016.
WHEREAS, the services to be provided by the selected contractors have been
competitively bid based upon and in accordance with a procurement method authorized
by State law and Article X, Sec. 2, of the Charter of the City of Corpus Christi ("City");
WHEREAS, the City received six bids for mowing services in both high profile
and low profile areas of the City in response to Bid Event No. 82, of which only the
lowest responsible bidder may be awarded a mowing service contract ("contract");
WHEREAS, State law provides that, if the competitive sealed bidding require-
ment applies to a contract for goods or services, the contract must be awarded to the
lowest responsible bidder or to the bidder that provides the best value, pursuant to
Texas Local Government Code § 252.043(a);
WHEREAS, the City notified all bidders in its bid documents for Bid Event No. 82
that a contract would be awarded to the lowest responsible bidder;
WHEREAS, the City notified all bidders in its bid documents for Bid Event No. 82
that the City may award a contract "for any item or group of items" shown in Bid Event
No. 82;
WHEREAS, the City has determined and finds that it is in the best interest of the
public to award a contract to the lowest responsible bidder for each separately identified
acreage group, shown by item number, in Bid Event No. 82;
WHEREAS, the lowest responsible bidder awarded a contract for item #1 (Group
5) is Dorame General Repair and Lawn, LLC ("Dorame"), of Corpus Christi, Texas, in
the amount of $42,012.60;
WHEREAS, the lowest responsible bidder awarded a contract for item #2 (Group
6) is Jared J. Jennings, a sole proprietor doing business as J&J Lawn & Lot ("J&J
Lawn"), of Corpus Christi, Texas, in the amount of $49,050.00;
WHEREAS, the lowest responsible bidder awarded a contract for item #3 (Group
7) is J&J Lawn, in the amount of $53,362.50;
WHEREAS, the lowest responsible bidder awarded a contract for item #4 (Group
8) is J&J Lawn, in the amount of $71,854.25;
WHEREAS, the City Manager, or his designee, is authorized to execute a
separate contract for each item with the lowest responsible bidder, as indicated; and
WHEREAS, in the event the lowest responsible bidder fails to execute the con-
tract for the awarded item or fails to perform under a contract for any awarded item, the
City Manager, or his designee, is authorized to execute a contract for the remainder of
the contract term with the next lowest bidder, in succession, in order to secure
replacement mowing services for the City and,
WHEREAS, Funds have been budgeted by the Parks and Recreation
Departments in FY 2015-2016.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
Section 1. The City Council finds the foregoing preamble language stated in this
resolution to be true and correct.
Section 2. The City Council finds that Dorame is the lowest responsible bidder for item
#1 (Group 5) in Bid Event No. 82 and is awarded a contract in the amount of
$42,012.60, as shown in the attached Exhibit A, the content of such exhibit being
incorporated into this resolution by reference as if fully set out herein in its entirety.
Section 3. The City Council finds that J&J Lawn is the lowest responsible bidder for
items #'s 2, 3 and 4 (Groups 6, 7, 8) in Bid Event No. 82 and is awarded a contract in
the amounts of $49,050.00, $53,362.50, and $71,854.25, respectively, as shown in
Exhibit A.
Section 4. The City Manager, or his designee, is authorized to execute contracts with
the lowest responsible bidder for each separately identified acreage group, shown by
item number, in accordance with the terms and conditions stated in Bid Event No. 82.
Furthermore, in the event the lowest responsible bidder fails to execute the contract for
the awarded item or fails to perform under a contract for any awarded item, the City
Manager, or his designee, is authorized to execute a contract for the remainder of the
contract term with the next lowest bidder, in succession, in order to secure replacement
mowing services for the City.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta
City Secretary
Nelda Martinez
Mayor
Page 2 of 3
day of , 2016
Nelda Martinez
Rudy Garza
Michael Hunter
Chad Magill
Colleen McIntyre
Brian Rosas
Lucy Rubio
Mark Scott
Carolyn Vaughn
Page 3 of 3
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: DOMINGO VALDEZ
BID TABULATION
BID EVENT NO. 82
MOWING SERVICES
TOTAL:
$42,012.60
TOTAL AWARD: $216,279.35
$0.00
$0.00
$174,266.75
$0.00
NOTE: Contracts are being recommended for award to more than one bidder in order to ensure that work will be completed in a timely manner. Award recommendations
are based on bidders' profile and qualifications. Bidders for Turf and Grounds Maintenance mowing must have a minimum of five (5) continuous years experience and company must be
in business for the last five (5) years.
NOTE: The City received a bid from Master Cuts, Corpus Christi, TX, however, their bid was deemed not responsive due to not meeting the minimum requirement of five (5) years in business as specified
in the specifications of this Event No. 82.
Dorame General Repair
Aspen Lawn Care
Tuff Cut Lawn &
J&J Lawn & Lot
Evergreen Landscape
LLC -Co pus Christi
Corpus Christi
Landscape -Corpus
Corpus Christi
Services Corpus Christi
Christi
UNIT
EXTENDED
UNIT
EXTENDED
UNIT
EXTENDED
UNIT
EXTENDED
UNIT
EXTENDED
ITEM
DESCRIPTION
QTY.
UNIT
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
1
Group 5 mowing
840.42
Acre
$49.99
$42,012.60
$95.00
$79,839.90
$65.00
$54,627.30
$60.00
$50,425.20
$77.00
$64,712.34
2
Group 6 mowing
1090.00
Acre
$57.00
$62,130.00
$95.00
$103,550.00
$0.00
$0.00
$45.00
$49,050.00
$77.00
$83,930.00
3
Group 7 mowing
1067.25
Acre
$57.00
$60,833.25
$95.00
$101,388.75
$0.00
$0.00
$50.00
$53,362.50
$77.00
$82,178.25
4
Group 8 mowing
1105.45
Acre
$125.00
$138,181.25
$90.00
$99,490.50
$0.00
$0.00
$65.00
$71,854.25
$77.00
$85,119.65
TOTAL:
$42,012.60
TOTAL AWARD: $216,279.35
$0.00
$0.00
$174,266.75
$0.00
NOTE: Contracts are being recommended for award to more than one bidder in order to ensure that work will be completed in a timely manner. Award recommendations
are based on bidders' profile and qualifications. Bidders for Turf and Grounds Maintenance mowing must have a minimum of five (5) continuous years experience and company must be
in business for the last five (5) years.
NOTE: The City received a bid from Master Cuts, Corpus Christi, TX, however, their bid was deemed not responsive due to not meeting the minimum requirement of five (5) years in business as specified
in the specifications of this Event No. 82.
1
GROUP 5 AREAS
Mali 6of 17
Wetlands Pier
Dolphin Park
& North End Lot
Timon Medians #5
Timon Medians #3
Timon Medians #1
Kiwanis
Timon Medians #4
Surfside Park
Timon Medians #2
Surfside Medians #5
Surfside Medians #2.
Surfside Medians #1
!Surfside Medians #3
Surfside Medians #4;
North Beach Lot Area 2
North Beach Lot Area 1
copyright 2014 City of Corpus Christi
GROUP 6 AREAS
Map 7 of 17
Labonte Park
San Carlos Park
N
A
San Patricia County
Hwy 624/NW Blvd`
Brookhill : Park
2
, T Po Woodland Park.
o
��>�r_ Violet Park
4' k,41114
,s,44Spui.... 604 Patterson Park
4491Q.
uliluF 1 16, RfVF
Willow Park
MCKINZIE RD
McNorton Park
m
N
i
LL
0
0
0
0
U
Hudson Pal
copyright 2014 City of Corpus Christi
GROUP 7 AREAS
Map 8 of
Z'
arla
4.4% 1,* AI i
=a= - ►.. •Woodlawn Triangle Right of Way • �� p� *Vol,
��
of ` �► ♦ st 411., 4111P-- likuteikr 100-.
�� LongviewrTriangle: Right of Wayi��■��
'/%r► +'�'/'�6� • ■■iii ■ �! i�'+ '�
Liberty Circle Right`of,Way ' ►i�f�a ■ �, And
/}i r%d.yj1,, _ De P_ ineda Plaza ir 441111U1 I� WON
NIOwl
M QM SI."! r; M
MI 111111Pi 1 12 ■■11 1i
'hilltilli All0 -� M��lit�muIIIIII �
IP ..
Agnes Right of Way, IP l s�
.- rl1111111t/n
tor"Agrilasplonnums
trisit4kar,40: ft. 4r. r
alhia Terrace North 0io
Dalhia -Terrace South
/�
copyright 2014 City of Corpus Chrisll
Xya 'Ar*--&-x�//'
• GROUP 8 AREAS N
Map 9 of 17,1
9
w;� �U% qR /174• //�, Carmel:IParkway
ir-
i ; ;"may, ;/�.`
�/ ,,i ce 4/ Edgewood _Triangles,
/li.•' 4...h Ro��`poor �; i� ,, /?=
do f///j� // illil / /�h;4 ,�'+►.:
AJ° 'e Flynn{Shea.Parkway 1
.P.. �� $ Spohn &Esplanade C
v�N� tie sa omy
1
0
O
Iff
AtIrlik
Park,Road 222NP..1
0
0 4.
i
Q
copyright 2014 City of Corpus Christi
fair
CORPUS
CHRISTI
PARKS&
RtCRlATION
Service Agreements for Bayfront Parks and
Medians Turf and Grounds Maintenance
Council Presentation
March 8, 2016
Service Agreements
CORPUS
CHRISTI
PARKS&
necntATION
• Group 5--Dorame General Repairs
• $42,012.60
• Group 6, 7 and 8—J & J Lawn&Lot
• $174,266.75
• Contract terms will be for a twelve month period with options to
extend for up to four additional twelve-month periods.
• The total for the two service agreements are $216,279.35.
• $108,139.67 is required for the remainder of FY 2015-2016.
Service Agreement Areas
CORPUS
CHRISTI
PARKS&
necntATION
• Once Groups 5-8 are awarded Parks and Recreation will move
forward to award a service agreement for Groups 1-4.
• Groups 1-4 are currently out for bids, closing on March 8,
2016.
• Dollar amount for Groups 1-4 is undetermined.
GROUP 5 AREAS
fMa,p 6 of 17 /
CORPUS
CHRISTI
PARKS&
RECREATION
4
GROUP 6 AREAS
Map 7 of 17
Laborite Perk
San Cos Park
...._ _
--.... 4s
Hwy 624AVL, V Blvd' , _,F; Woodiand Pad, - - . '
-,s' ,y, Vicilet Park
. .
Willow Parkill
Sivofthill Park 1...,, Patte.rson Park
SonRairkia
-Lillmison P7
Mchicinon Park/
- =
HWY 11'
Id dew. &All
CORPUS
CHRISTI
PARKS&
RECREATION
5
GROUP 7AREAS "-^'
Map 8 of lT
.,+
■
r
nada r faze; .wNi
■ of
'SS
FRIA _mum aum
Alin
♦;
CORPUS
CHRISTI
PARKS&
RECREATION
6
•GROUP 9 AREAS
Map 9 of 17
CORPUS
CHRISTI
PARKS&
RECREATION
7
GROUP 7 AREAS
Map 1 of 17
The Medians #1a
Shoreline Medians #1
eline Medians #2
Shoreline Medians#3
cmT
J
TA
STARK
Shoreline Medans #4
Shoreline Medrarns #5
r
.. Shor me Medians #T
1
Shoreline Medians #6
fiEt
CORPUS
CHRISTI
PARKS&
RECREATION
8
CORPUS
CHRISTI
PARKS&
necntAT1QN
9
GROUP 2 AREAS
Map 3of17
Museum of Science&Ht. of 26
Mesquite kfedsns
Ghaparal G nle
Mesquite Medians
SMG int 25
SMG to124
MeapuiFe Medians
TO Mamfenance
__1
Vara N Loh
man's Gen/erko
MG Lot 10
e Park
Irmo
ater Garden Grounds
SMG La! 21 8 Triangle
arbowPlayh use Grounds/Lot 22
312.
SMG Lo[12
151y
SMG Lata Bayfront
_J . \ Fnnnlatn
-�SMGLOIS1 ! Park
MC
0
wAl
rr
20
IIID
IIIE
77)
uul.
771
fl 1 `
Com_ -C
`Ili
in
re
Chaa rral F a.4s
1 1111
G0opo,r01Tln` ,Treook
Chaparral TreeweIls
•
He
ft
CORPUS
CHRISTI
PARKS&
RECREATION
10
...Raw, 3 AREAS Federi s`
Sister Gift' Medan
J Map 4 of 17
:sa
�� Gateway Med7e
1 W Gateway Medians #4
Gateway Medians #f
Gateway Medians #7a
4 MS
Gateway Mdians #2
i37Eas„nt
Mann"St"Park Lot
arti Sian
adway
=M•
—�—
noof
NOM
II
Coopevs AUey Planter East
Goopers iUley Planter. West
I�
sr�
roadway t31.
Eroadway Man' 43
s. •-_ La Retama
Jplfl�
Mari
.rte.
Ci+
®roadd
my
way ora.
; 0,*
Daroatl Miff?5—
trirjain.
Spann
•
III A:lila
'11 31
mos
Itiwtti��l,1111
11-- soot
r=
11, a oe moray Bk ff #s
1
U
A
IIHHHI_�
I+�
III1,111111I
11 III_ as
a
14 Caly13
fl
CORPUS
CHRISTI
PARKS&
RECREATION
11
1 illi 1 ilii—i
GROUP 4 AREAS
MJap5of 171
I� I r
DidSears Pro eriy1�
far'41.
TT
gnu
City Nall Grounds
etre! Library
C-
I NS
ess
rose istos-
011111011
bou
Ouvint?
Toss111
AiKruse-Tennis Center
L
ILD
lei SI
silt a
11�'11�
®i
!
South Bluff Park
r
410
CORPUS
CHRISTI
PARKS&
RECREATION
12
SERVICE AGREEMENT FOR BAYFRONT PARKS AND MEDIANS, TURF AND
GROUNDS MAINTENANCE
Service Agreement No. 654
THIS Mowing Services Agreement (this "Agreement") is entered into by and between
the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and
through its City Manager or his designee ("City Manager"), and 1&1 Lawn & Lot Service
("Contractor"), effective for all purposes upon execution by the City Manager.
WHEREAS Contractor has proposed to provide Mowing Services in response to Bid
Event No. 82, which includes Specification 1265, dated 9/9/15;
WHEREAS the City has determined Contractor to be the lowest responsible bidder;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree as
follows:
1. Services. Contractor will provide Mowing Services in accordance with Bid Event No. 82,
which includes Specification 1265, dated 9/9/15 ("Services"), which bid and related
specifications, if any, are attached to this Agreement and incorporated by referenced into this
Agreement as Exhibit "A". Contractor's proposal to provide the services is attached to this
agreement and incorporated by reference into this agreement as Exhibit "B".
2. Term. This Agreement is for a term of one year, commencing on the date signed by the City
Manager. The term includes an option to extend for up to four additional one-year periods
subject to the approval of the Contractor and the City Manager.
3. Payment. Payment terms are net 30 days after the goods are provided or services are
completed, as required, or a correct invoice is received, whichever is later.
4. Contract Administrator. The Contract Administrator designated by the City is responsible
for approval of all phases of performance and operations under this Agreement including
deductions for non-performance and authorizations for payment. All of the Contractor's notices
and communications regarding this Agreement must be directed to the Contract Administrator,
who is the Parks & Recreation Contract Administrator.
5. Independent Contractor. Contractor will perform the Services hereunder as an independent
contractor and will furnish such Services in its own manner and method, and under no
circumstances or conditions may any employee, agent, or representative of the Contractor be
considered an employee of the City.
6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance
company must deliver a Certificate of Insurance as proof of the required insurance coverages to
the Contract Administrator. Additionally, the certificate must state that the Parks & Recreation
Contract Administrator and the City's Risk Manager will be given at least thirty (30) days'
notice, by certified mail, of cancellation, material change in the coverages, or intent not to renew
any of the policies. The City must be named as an additional insured. The City Attorney must
be given copies of all insurance policies within 15 days of the City Manager's written request.
7. Assignment. No assignment of this Agreement nor any right or interest herein held by the
Contractor is effective unless the City Manager first gives written consent to such assignment.
The performance of this Agreement by the Contractor is the essence of this Agreement, and the
City's right to withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any
fiscal year of the City (the City's fiscal year ends each September 30th) is subject to budget
approval and appropriations providing for such contract item as an expenditure in the fiscal
budget. The City does not represent that a budget item for this Agreement will be actually
adopted, as that determination is within the sole discretion of the City Council at the time of
adoption of each fiscal budget.
9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement,
or Exhibit A, or the Contractor's bid offer and response to Bid Event No. 82, which is attached
to this Agreement and incorporated into this Agreement as Exhibit "B", waives any subsequent
breach of the same.
10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local
laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law
for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue
for such disputes is the appropriate district or county court in and for Nueces County, Texas.
11. Subcontractors. The Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the Contractor must
obtain prior written approval from the Parks & Recreation Contract Administrator. In using
subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as
if the subcontractor and its employees were employees of the Contractor. All requirements set
forth as part of this Agreement are applicable to all subcontractors and their employees to the
same extent as if the Contractor and its employees had performed the services.
12. Amendments. This Agreement may be amended only in writing and signed by persons
authorized to execute the same by both parties.
13. Termination.
A. The City Manager may terminate this Agreement for Contractor's failure to perform the
services specified in this Agreement and its exhibits. The Contract Administrator must give the
Contractor written notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period stated in the notice, the City Manager may
terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force
for the entire term of this Agreement is grounds for termination.
B. Alternatively, the City may terminate this Agreement with or without cause upon twenty (20)
days' advance written notice to the Contractor. However, the City may terminate this Agreement
upon twenty-four (24) hours' advance written notice to the Contractor for the Contractor's
failure to pay any required taxes or to provide proof of payment of taxes as set out in this
Agreement. The Contractor may terminate this Agreement upon ninety (90) days' advance
written notice to the City.
14. Taxes. The Contractor covenants to pay all payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide",
Publication 15, as it may be amended, and applicable federal and state laws. Upon request, the
City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such
request.
15. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail,
postage prepaid and return receipt requested, and is deemed received on the date hand -delivered
or faxed, with proof of accepted transmission, and on the third day after deposit in the U.S. mail
if sent certified mail. Notice shall be sent as follows:
IF TO CITY:
City of Corpus Christi
Attention: Parks and Recreation Contract Administrator
P. O. Box 9277
Corpus Christi, Texas 78469-9277
2726 Holly Rd., Bldg. 4
Corpus Christi, Texas 78415
Fax # (361) 826-3864
IF TO CONTRACTOR:
Contractor:
Contact Person:
Address:
City, State, ZIP:
Fax #:
J&J Lawn & Lot
Jared Jennings
901 Lum Avenue
Corpus Christi, TX 78412
N/A
16. Month -to -Month Extension. If the City has not completed the procurement process and
awarded a new agreement upon expiration of the original contract term or any extension period,
the Contractor shall continue to provide goods/services under this Agreement at the most current
price, in accordance with the terms and conditions of this Agreement or extension, on a month-
to-month basis not to exceed six months. Any month-to-month provision of goods/services by
the Contractor under this Agreement automatically terminates on the effective date of a new
contract.
17. Severability. Each provision of this Agreement is severable and if, for any reason, any such
provision or any part thereof is determined to be invalid and contrary to any existing or future
applicable law, such invalidity shall not impair the operation of or affect those portions of this
Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if
the invalid or unenforceable provision or part thereof had been omitted.
18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS
OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND
AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS,
SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF
DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR
ANY OTHER MND OF DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT
WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF
OR IN CONNECTION WITH THIS AGREEMENT OR THE
PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER
THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE
CLAIMED TO BE CAUSED BY THE CONCURRENT OR
CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY
THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE
FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST,
AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS,
ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION,
DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL
REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES
OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL
SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS
AGREEMENT.
19. Certificate of Interested Parties. Contractor agrees to comply with Texas Govern-
ment Code section 2252.908 and complete Form 1295 "Certificate of Interested Parties"
as part of this Agreement.
CONTRACTOR:
Signature:
Printed Name: c%/c/ j L%:. .-1,-4J
Title: GCJ`✓
Date: d/./61/
CITY OF CORPUS CHRISTI:
Signature:
Printed Name:
Title:
Date:
Attached and Incorporated by Reference:
Exhibit A: Bid Event No. 82, including Specification No. 1265
Exhibit B: Bidder's Bid Offer/Response
SERVICE AGREEMENT FOR BAYFRONT PARKS AND MEDIANS, TURF AND
GROUNDS MAINTENANCE
Service Agreement No. 655
THIS Mowing Services Agreement (this "Agreement") is entered into by and between
the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and
through its City Manager or his designee ("City Manager"), and Dorame General Repair and
Lawn. LLC ("Contractor"), effective for all purposes upon execution by the City Manager.
WHEREAS Contractor has proposed to provide Mowing Services in response to Bid
Event No. 82, which includes Specification 1265, dated 9/9/15;
WHEREAS the City has determined Contractor to be the lowest responsible bidder;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree as
follows:
1. Services. Contractor will provide Mowing Services in accordance with Bid Event No. 82,
which includes Specification 1265, dated 9/9/15 ("Services"), which bid and related
specifications, if any, are attached to this Agreement and incorporated by referenced into this
Agreement as Exhibit "A". Contractor's proposal to provide the services is attached to this
agreement and incorporated by reference into this agreement as Exhibit "B".
2. Term. This Agreement is for a term of one year, commencing on the date signed by the City
Manager. The term includes an option to extend for up to four additional one-year periods
subject to the approval of the Contractor and the City Manager.
3. Payment. Payment terms are net 30 days after the goods are provided or services are
completed, as required, or a correct invoice is received, whichever is later.
4. Contract Administrator. The Contract Administrator designated by the City is responsible
for approval of all phases of performance and operations under this Agreement including
deductions for non-performance and authorizations for payment. All of the Contractor's notices
and communications regarding this Agreement must be directed to the Contract Administrator,
who is the Parks & Recreation Contract Administrator.
5. Independent Contractor. Contractor will perform the Services hereunder as an independent
contractor and will furnish such Services in its own manner and method, and under no
circumstances or conditions may any employee, agent, or representative of the Contractor be
considered an employee of the City.
6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance
company must deliver a Certificate of Insurance as proof of the required insurance coverages to
the Contract Administrator. Additionally, the certificate must state that the Parks & Recreation
Contract Administrator and the City's Risk Manager will be given at least thirty (30) days'
notice, by certified mail, of cancellation, material change in the coverages, or intent not to renew
any of the policies. The City must be named as an additional insured. The City Attorney must
be given copies of all insurance policies within 15 days of the City Manager's written request.
7. Assignment. No assignment of this Agreement nor any right or interest herein held by the
Contractor is effective unless the City Manager first gives written consent to such assignment.
The performance of this Agreement by the Contractor is the essence of this Agreement, and the
City's right to withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any
fiscal year of the City (the City's fiscal year ends each September 30th) is subject to budget
approval and appropriations providing for such contract item as an expenditure in the fiscal
budget. The City does not represent that a budget item for this Agreement will be actually
adopted, as that determination is within the sole discretion of the City Council at the time of
adoption of each fiscal budget.
9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement,
or Exhibit A, or the Contractor's bid offer and response to Bid Event No. 82, which is attached
to this Agreement and incorporated into this Agreement as Exhibit "B", waives any subsequent
breach of the same.
10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local
laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law
for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue
for such disputes is the appropriate district or county court in and for Nueces County, Texas.
11. Subcontractors. The Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the Contractor must
obtain prior written approval from the Parks & Recreation Contract Administrator. In using
subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as
if the subcontractor and its employees were employees of the Contractor. All requirements set
forth as part of this Agreement are applicable to all subcontractors and their employees to the
same extent as if the Contractor and its employees had performed the services.
12. Amendments. This Agreement may be amended only in writing and signed by persons
authorized to execute the same by both parties.
13. Termination.
A. The City Manager may terminate this Agreement for Contractor's failure to perform the
services specified in this Agreement and its exhibits. The Contract Administrator must give the
Contractor written notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period stated in the notice, the City Manager may
terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force
for the entire term of this Agreement is grounds for termination.
B. Alternatively, the City may terminate this Agreement with or without cause upon twenty (20)
days' advance written notice to the Contractor. However, the City may terminate this Agreement
upon twenty-four (24) hours' advance written notice to the Contractor for the Contractor's
failure to pay any required taxes or to provide proof of payment of taxes as set out in this
Agreement. The Contractor may terminate this Agreement upon ninety (90) days' advance
written notice to the City.
OR IN CONNECTION WITH THIS AGREEMENT OR THE
PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER
THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE
CLAIMED TO BE CAUSED BY THE CONCURRENT OR
CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY
THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE
FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST,
AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS,
ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION,
DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL
REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES
OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL
SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS
AGREEMENT.
19. Certificate of interested Parties. Contractor agrees to comply with Texas Govern-
ment Code section 2252.908 and complete Form 1295 "Certificate of Interested Parties"
as part of this Agreement.
14. Taxes. The Contractor covenants to pay all payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide",
Publication 15, as it may be amended, and applicable federal and state laws. Upon request, the
City Manager shall be provided proof of payment of these taxes within fifteen (I5) days of such
request.
15. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail,
postage prepaid and return receipt requested, and is deemed received on the date hand -delivered
or faxed, with proof of accepted transmission, and on the third day after deposit in the U.S. mail
if sent certified mail. Notice shall be sent as follows:
IF TO CITY:
City of Corpus Christi
Attention: Parks and Recreation Contract Administrator
P. O. Box 9277
Corpus Christi, Texas 78469-9277
2726 Holly Rd., Bldg. 4
Corpus Christi, Texas 78415
Fax # (361) 826-3864
IF TO CONTRACTOR:
Contractor: 9ie imG6/ eX/frv-
Contact Person: ,eMy,, 0 4) ajl Z -
Address: '?J3 hijyy„l v,
City, State, ZIP: Co j'15 e/vg-TT r-ig" y%1
Fax #:
16. Month -to -Month Extension. If the City has not completed the procurement process and
awarded a new agreement upon expiration of the original contract term or any extension period,
the Contractor shall continue to provide goods/services under this Agreement at the most current
price, in accordance with the terms and conditions of this Agreement or extension, on a month-
to-month basis not to exceed six months. Any month-to-month provision of goods/services by
the Contractor under this Agreement automatically terminates on the effective date of a new
contract.
17. Severability. Each provision of this Agreement is severable and if, for any reason, any such
provision or any part thereof is determined to be invalid and contrary to any existing or future
applicable law, such invalidity shall not impair the operation of or affect those portions of this
Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if
the invalid or unenforceable provision or part thereof had been omitted.
18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS
OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND
AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS,
SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF
DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR
ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT
WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF
CONTRACTOR:
Signature:
"le.44.....---€.---C--.-..
Printed Name:�Ay1 owl i2/7�o,j�
Title: ��5�-77�i�l
Date: , '/� _/
CITY OF CORPUS CHRISTI:
Signature:
Printed Name:
Title:
Date:
Attached and Incorporated by Reference:
Exhibit A: Bid Event No. 82, including Specification No. 1265
Exhibit B: Bidder's Bid Offer/Response
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested paroles.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certs icete Number
2016-13217
Date Filed:
02/15/2016
Date Acknowledged:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
J&JLawn &Lot
Corpus Christi, TX United States
2 Name of govemmentafentiry or state agency that is a parry to the contract for whicfi the form Is
being filed.
City Of Corpus Christi
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
136767
Mowing, Edging, Weed Eating, Blowing, Trash Removal from all Properties.
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
Jennings, Jared
Corpus Christi, TX United States
X
5 Check only if there Is NO Interested Party. o
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
ERICA GARCIA
.
� ; = MY COMMISSION EXPIRES
January 15, 2017
Sig f orized agent of con. business entity
AFFIX NOTARY STAMP 1 SEAL ABOVE
•
Swom to and subscribed before me, by the saidiili el l ]� l��9fs the1 day o QJt�544
2U 1 t( , to certify which, ess my hand andf office.
". d � t 1 1('Q fLrfl 1 a7Q4 4?d2f)
Sign: , re of officer -.. m - .? ng oath Printed name of officer ad istering oath Trde al officer d inLstering oath
Farms orovided by Texas Ethics Commission www_ethics_state_hc_us Varcinn V1 n IAOAA
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1. - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE
CERTIFICATION
USE ONLY
OF FILING
Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Dorame General Repair
corpus christi, TX United States
Certificate
2016-13370
Date Filed:
02/15/2016
Date Acknowledged:
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Corpus Christi
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
Event #82
Mowing Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
Dorame, Ramon
Corpus Christi, TX United States
X
5 Check only if there is NO Interested Party.
■
6 AFFIDAVIT
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said
I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
liYtiYt/
Signature of 0thonzed agent of contracting business entity
, this the lfp day of ! G q
20 %!o to certify which, witness my hand and seal
of office.
lyd! D.S7,-R .S
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-------
DESROSIERS
Expims
2017
E
,
ito C i. . X169,1 A�
,
'j EVELYN W.
,;: f My Commission
'7.W. April 22,
T " J
SignAture of officer administering oath Printed name of officer administering oath Tide of officer administering oath
Forms Provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944
AGENDA MEMORANDUM
Future Item for the City Council Meeting of March 8, 2016
Action Item for the City Council Meeting of March 29, 2016
DATE:
TO: Ronald L. Olson, City Manager
February 18, 2016
THRU: Mark Van Vleck, P.E., Assistant City Manager, Public Works and Utilities
MarkVV@cctexas.com
(361) 826-3082
FROM: Valerie H. Gray, P.E., Executive Director, Public Works
ValerieG@cctexas.com
(361) 826-3729
Jeffrey H. Edmonds, P.E., Director, Engineering Services
JeffreyE@cctexas.com
(361) 826-3851
Engineering Design Contract
2014 Highway Safety Improvement Program
CAPTION:
Motion authorizing the City Manager or designee to execute the engineering design, bid and
construction phase services contract with Maldonaldo-Burkett Intelligent Transportation
Systems, LLP (MBITS) of Corpus Christi, Texas in the amount of $668,956.56 for the design of
traffic signals approved in the 2014 Highway Safety Improvement Program grant.
PURPOSE:
The purpose of this Agenda Item is to execute the engineering design contract with Maldonado -
Burkett Intelligent Transportation Systems, LLP (MBITS) for the design of forty-four (44) traffic
signals, including six (6) new traffic signals and thirty eight (38) traffic signal upgrades.
BACKGROUND AND FINDINGS:
In 2014, the City applied for and received a $5.7 million grant from Texas Department of
Transportation's (TxDOT) Highway Safety Improvement Program (HSIP). The HSIP provides
grant funding for highway safety projects that eliminate or reduce the number and severity of
traffic crashes. HSIP funding is for construction costs only with a 90/10 participation by
State/Local Governments respectively. The Local Government is responsible for all other costs
such as design, right of way, permitting and TxDOT administrative fees. The City will fund this
design contract from the voter approved Bond 2014 Proposition 2 - Traffic Signals and Lighting
Improvements (City Wide) project . The City participation for the construction match will be
funded through the voter approved Bond 2014 Proposition 2 — Traffic Signals and Lighting
Improvements and the respective bond Street Reconstruction projects from Bond 2012 and
Bond 2014 accordingly.
To receive the actual grant the applicant must provide detailed scope and design documents to
TxDOT. City staff evaluated locations for coordination with Bond 12 and 14 street projects and
completed the preliminary design under a previous small contract with MBITS. As a result, it
was determined that eleven (11) locations would meet all requirements of the HSIP within the
City's available resources and to receive the grant match.
The grant requires that the project be advertised and awarded by TxDOT. An Advanced
Funding Agreement is required and will be presented to City Council for approval and
appropriation of the grant proceeds upon completion of the design phase and confirmation of
pricing/funding.
This project provides for the engineering services for the design to prepare the plans,
specifications and estimates and related documents for the eleven locations with subsequent
bid and construction phase support. The upgrades include replacement of signal and
pedestrian heads, pedestrian poles, electrical wiring, ground boxes, detections systems, and
controller cabinets necessary to improve functionality and safety for public transportation. The
following is a summary of the locations:
1. Agnes Street Corridor from McBride to 19th St (4 new & 2 upgrades)
2. Alameda Street Corridor from Glazebrook to Texan Trail (2 upgrades)
3. Ayers Street Corridor from McArdle to Port (1 new & 2 upgrades)
4. Baldwin Blvd. Corridor from Airport to Crosstown (4 upgrades)
5. Doddridge Street Corridor from Alameda to Ocean (3 upgrades)
6. Greenwood Drive Corridor from South Padres Island Drive to Gollihar (4 upgrades)
7. Kostoryz Road Corridor from McArdle to Norton (6 upgrades)
8. Port Ave. Corridor from Tarlton to Ruth (1 new & 3 upgrades)
9. Staples Street Corridor from Mustang to Carmel Parkway (5 upgrades)
10. Weber Road Corridor from McArdle to Gollihar (2 upgrades)
11. Ocean Drive Corridor from Peoples Street to Louisiana (5 upgrades)
MBITS was selected through the Request for Qualifications (RFQ) No. 2014-08. MBITS was
issued and completed the preliminary phase design in December 2015.
ALTERNATIVES:
1. Authorize the execution of an engineering design contract with MBITS. (Recommended)
2. Do not authorize the execution of an engineering design contract with MBITS. (Not
Recommended)
OTHER CONSIDERATIONS:
None
CONFORMITY TO CITY POLICY:
Conforms to City Fiscal Policy
EMERGENCY / NON -EMERGENCY:
Non -Emergency
DEPARTMENTAL CLEARANCES:
None
FINANCIAL IMPACT:
® Capital
❑ Revenue
['Operating ❑ Not applicable
Fiscal Year
2015-2016
Project to
Date
Expenditures
Current Year
Future Years
TOTALS
Line Item Budget
$732,312.38
$732,312.38
Encumbered /
Expended Amount
37,063.57
37,063.57
This Item
668,956.56
668,956.56
Future Anticipated
Expenditures This
Project
26,292.25
26,292.25
BALANCE
$0.00
$0.00
Fund(s): Street CIP
RECOMMENDATION:
City Staff recommends approval of engineering design, bid and construction phase services
contract with Maldonaldo-Burkett Intelligent Transportation Systems, LLP (MBITS) in the
amount of $668,956.56 for the Highway Safety Improvement Program project.
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
Contract
Presentation
Form 1295
PROJECT BUDGET
2014 Highway Safety Improvement Program
FUNDS AVAILABLE:
Street CIP (Bond 2014) $ 732,312.38
FUNDS REQUIRED:
Engineering Contracts:
Preliminary Design (Maldonado Burkett ITS, LLP) 37,063.57
Detailed Design, Bid/Construction Services (Maldonado Burkett ITS, LLP) 668,956.56
Reimbursements:
Administration/Finance (Engineering/Capital Budget/Finance) (1.5%) 11,146.00
Engineering Services (Project Mgmt) 14,646.25
Misc 500.00
TOTAL $ 732,312.38
PROJECT BUDGET BALANCE $0.00
HIGHWAY SAFETY/IMPROVEMENTS
PROGRAM (E 15205)
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 OF 1
CITY OF CORPUS CHRISTI
ENGINEERING DESIGN, BID, CONSTRUCTION PHASE SERVICES
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277,
Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized
City Manager or Designee (Director of Engineering Services) and Maldonado -Burkett
Intelligent Transportation Systems, LLP, a Texas corporation, 3833 South Staples
Street, Suite N214, Corpus Christi, Nueces County, Texas 78411, (Consultant), hereby
agree as follows:
1. SCOPE OF PROJECT
2014 Highway Safety Improvement Program (Project No. E15205) —The work includes
plans and specifications for six (6) new signals and thirty-eight (38) signal upgrades as
follows:
Agnes Street Corridor — 4 new signals and 2 signal upgrades
Alameda Street Corridor — 2 signal upgrades
Ayers Street Corridor — 1 new signals and 2 signal upgrades
Baldwin Blvd. Corridor — 4 signal upgrades
Doddridge Street Corridor — 3 signal upgrades
Greenwood Drive Corridor— 4 signal upgrades
Kostoryz Road Corridor — 6 signal upgrades
Port Ave. Corridor —1 new signals and 3 signal upgrades
Staples Street Corridor — 5 signal upgrades
Weber Road Corridor — 2 signal upgrades
Ocean Drive Corridor — 5 signal upgrades
2. SCOPE OF SERVICES
The Consultant hereby agrees to perform services to complete the Project, as detailed in
Exhibit "A". In addition, Consultant will provide monthly status updates (project progress
or delays presented with monthly invoices) and provide contract administration services, as
described in Exhibit "A", to complete the Project. Work will not begin on Additional
Services until requested by the Consultant (provide breakdown of costs, schedules), and
written authorization is provided by the Director of Engineering Services.
3. ORDER OF SERVICES
The Consultant agrees to begin work on those authorized Basic Services for this contract
upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will
not begin on any phase or any Additional Services until requested in writing by the
Consultant and written authorization is provided by the Director of Engineering Services.
The anticipated schedule of the preliminary phase, design phase, bid phase, and
construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all
Contract for Professional Services
Page 1 of 7
KIENGINE£RING DATAEXCHANGEWELMAPISTREET\E152052014 HIGHWAY SAFETY IMPROVEMENT PROGRAM4 ENGINEERING DESIGN CONTRACTII
ENGINEERING DESIGN CONTRACT MALDONADO BURKETT DOC
additional time that may be required for review by the City staff and may be amended by or
with the concurrence of the Director of Engineering Services.
The Director of Engineering Services may direct the Consultant to undertake additional
services or tasks provided that no increase in fee is required. Services or tasks requiring
an increase of fee will be mutually agreed and evidenced in writing as an amendment to
this contract. Consultant shall notify the City of Corpus Christi within three (3) days of
notice if tasks requested requires an additional fee.
4. FEE
The City will pay the Consultant a fee as described in Exhibit "A" for providing services
authorized, a total fee not to exceed $668,956.56. Monthly invoices will be submitted in
accordance with Exhibit "B".
The City's Project Manager from the Operating Department is responsible for assigning
tasks to the Consultant and approving their daily/weekly/monthly hours. The Consultant is
required to submit a detailed and approved hourly breakdown with their monthly invoice
paperwork to the City for payment.
5. INDEMNITY
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its
officials, officers, agents, employees, or other entity, excluding the engineer or
architect or that person's agent, employee or subconsultant, over which the City
exercises control ("Indemnitee") from and against any and all claims, damages,
liabilities or costs, including reasonable attorney fees and court costs, to the extent
that the damage is caused by or results from an act of negligence, intentional tort,
intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity
over which Consultant exercises control while in the exercise of rights or
performance of the duties under this agreement. This indemnification does not apply
to any liability resulting from the negligent acts or omissions of the City or its
employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney,
from and against any and all claims, damages, liabilities or costs, including
reasonable attorney fees and court costs, if the claim is not based wholly or partly
on the negligence of, fault of or breach of contract by Indemnitee. If a claim is
based wholly or partly on the negligence of, fault of or breach of contract by
Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in
proportion to the Consultant's liability.
Consultant must advise City in writing within 24 hours of any claim or demand
against City or Consultant known to Consultant related to or arising out of
Consultant's activities under this Agreement.
Contract for Professional Services
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KAENGINEERING DATAEXCHANGE4VELMAPISTREET4E15205 2014 HIGHWAY SAFETY IMPROVEMENT PROGRAM,' =AILED DESIGN CONTRACTh DETAILED
DESIGN CONTRACT MALDONADO BURKETT DOC
6. INSURANCE
6.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
6.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement 2 copies of Certificates of Insurance (COI) with applicable policy endorsements
showing the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager. The City must be listed as an additional insured on the General
liability and Auto Liability policies, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
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
$1,000,000 Per Occurrence
$2,000,000 Aggregate
AUTO LIABILITY (including)
1. Owned
2. Hired and Non -Owned
3. Rented/Leased
$1,000,000 Combined Single Limit
PROFESSIONAL LIABILITY
(Errors and Omissions)
$1,000,000 Per Claim
$2,000,000 Aggregate
(Defense costs shall be outside policy
limits)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions and
identify any limitations regarding who is
insured.
WORKERS' COMPENSATION
(All States Endorsement if Company is not
domiciled in Texas)
Employer's Liability
Statutory
$500,000 /$500,000 /$500,000
Contract for Professional Services
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KIENGINEERING DATAEXCHANGENELMAPISTREET.E15205 2014 HIGHWAY SAFETY IMPROVEMENT PROGRAMt4 DETAILED DESIGN CONTRACTII DETAILED
DESIGN CONTRACT MALDONADO EURKETT DOC
6.3 In the event of accidents of any kind related to this agreement, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
6.4 Applicable for paid employees, Consultant must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a policy
and endorsements approved by the Texas Department of Insurance. The workers'
compensation coverage provided must be in an amount sufficient to assure that all
workers' compensation obligations incurred by the Consultant will be promptly met. An All
States Endorsement shall be required if Consultant is not domiciled in the State of Texas.
6.5 Consultant shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultant's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A -VII. Consultant is
required to provide City with renewal Certificates.
6.6 Consultant shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested change.
Consultant shall pay any costs incurred resulting from said changes. All notices under this
Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
6.7 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
6.7.1 List the City and its officers, officials, employees and elected representatives
as additional insured by endorsement, as respects operations, completed operation
and activities of, or on behalf of, the named insured performed under contract with
the City, with the exception of the workers' compensation policy and professional
liability/Errors & Omissions policy;
6.7.2 Provide for an endorsement that the "other insurance clause shall not apply
to the City of Corpus Christi where the City is an additional insured shown on the
policy;
6.7.3 Workers' compensation and employers' liability policies will provide a waiver
of subrogation in favor of the City; and
6.7.4 Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non -renewal or material change in coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
Contract for Professional Services
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KIENGINEERING DATAEXCHANGEIVELMAPISTREET415205 2014 HIGHWAY SAFETY IMPROVEMENT PROGRAMA DETAILED DESIGN CONTRACTII DETAILED
DESIGN CONTRACT MALDONADO BURKETT DOC
6.8 Within five (5) calendar days of a suspension, cancellation or non -renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Consultant's performance
should there be a lapse in coverage at any time during this contract. Failure to provide and
to maintain the required insurance shall constitute a material breach of this contract.
6.9 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Consultant to remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Consultant
hereunder until Consultant demonstrates compliance with the requirements hereof.
6.10 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or property
resulting from Consultant's or its subcontractor's performance of the work covered under
this agreement.
6.11 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of Corpus
Christi for liability arising out of operations under this agreement.
6.12 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
7. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the Consultant at the address of record. In this event, the Consultant will
be compensated for its services on all stages authorized based upon Consultant and City's
estimate of the proportion of the total services actually completed at the time of
termination.
8. LOCAL PARTICIPATION
The City Council's stated policy is that City expenditures on contracts for professional
services be of maximum benefit to the local economy.
9. ASSIGNABILITY
The Consultant will not assign, transfer or delegate any of its obligations or duties in this
contract to any other person without the prior written consent of the City, except for routine
duties delegated to personnel of the Consultant staff. If the Consultant is a partnership,
then in the event of the termination of the partnership, this contract will inure to the
individual benefit of such partner or partners as the City may designate. No part of the
Consultant fee may be assigned in advance of receipt by the Consultant without written
consent of the City.
Contract for Professional Services
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ICIENGINEERING DATAEXCHANGEWELMAPISTREETIE15205 2014 HIGHWAY SAFETY MPROVEMENT PROGRAMA DETAILED DESIGN CONTRACTII DETAILED
DESIGN CONTRACT MALDONADO BURKETT DOC
The City will not pay the fees of expert or technical assistance and consultants unless such
employment, including the rate of compensation, has been approved in writing by the City.
10. OWNERSHIP OF DOCUMENTS
All documents including contract documents (plans and specifications), record drawings,
contractor's field data, and submittal data will be the sole property of the City, may not be
used again by the Consultant without the express written consent of the Director of
Engineering Services. However, the Consultant may use standard details that are not
specific to this project. The City agrees that any modification of the plans will be evidenced
on the plans, and be signed and sealed by a professional engineer prior to re -use of
modified plans.
11. STANDARD OF CARE
Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent engineers or architects
practicing in the same or similar locality and under the same or similar circumstances and
professional license; and performed as expeditiously as is prudent considering the ordinary
professional skill and care of a competent engineer or architect.
12. DISCLOSURE OF INTEREST
Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
13. CERTIFICATE OF INTERESTED PARTIES
Consultant agrees to comply with Texas Government Code section 2252.908 and complete
Form 1295 Certificate of Interested Parties as part of this contract, if required. For more
information, please review the information on the Texas Ethics Commission website at
https://www.ethics.state.tx.us.
14. CONFLICT OF INTEREST
Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and
file Form CIQ with the City Secretary's Office, if required. For more information and to
determine if you need to file a Form CIQ, please review the information on the City
Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-
disclosure/index.
15. ENTIRE AGREEMENT AND CONTROLLING LAW
This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either
oral or written. This Agreement may be amended only by written instrument signed by both
the City and Consultant. This Agreement is governed by the laws of the State of Texas
Contract for Professional Services
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KAENGINEERING DATAEXCHANGELVELMAPISTREETtEt5205 2014 HIGHWAY SAFETY IMPROVEMENT PROGRAMA GETALED DESIGN CONTRACTI1 DETAILED
DESIGN CONTRACT MALDONADO BURKETT DOC
without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in
Nueces County, Texas.
16.CONFLICT RESOLUTION BETWEEN DOCUMENTS
Consultant hereby agrees and acknowledges if anything contained in the Consultant -
prepared Exhibit A, Consultant's Scope of Services, or contained in any other document
prepared by Consultant and included herein, is in conflict with this Agreement, this
Agreement shall take precedence and control to resolve said conflict.
CITY OF CORPUS CHRISTI
MALDONADO-BURKETT
INTELLIGENT TRANSPORTATION
SYSTEMS, LLP
P. C
r
J. H. Edmonds, P.E. Date Ramon : • on • o, Jr., P.E. Date
Director of Engineering Services Principal
2205 Western Trail Blvd., Suite B
Austin, TX 78745
RECOMMENDED (512) 916-1386 Office
471/ z//
eratin P De artmen Date P
APPROVED AS TO LEGAL FORM
Legal Department Date
APPROVED
Office of Management Date
and Budget
ATTEST
Rebecca Huerta, City Secretary
Project Number E15205
Accounting Unit 3551-051
Account 550950
Activity E15205 01 3551 EXP
Account Category 50950
Fund Name Street 2015 GO Bond 2014
Contract for Professional Services
Page 7 of 7
K. ENGINEERING DATAEXCHANGESVELMAPIBTREET\E15205 2014 HIGHWAY SAFETY IMPROVEMENT PROGRAM2 AMENDMENT NO 111 AMENDMENT NO. 1
MALDONADO BURKETT DOC
MALDONADO-OURNETT
INTELLIGENT TRANSPORTAT.ON SYS' EMS. LL P
January 6, 2016
Mr. Jeff Edmonds, P.E.
Director of Engineering Services
1201 Leopard Street
Corpus Christi, TX 78401
Re: Highway Safety Improvement Program (HSIP) - 11 Corridors
Dear Mr. Edmonds:
As requested, this is a proposal for Highway Safety Improvement Program (HSIP) design fee. MBITS
is proposing to prepare a 100% plan set to include six (6) new signals and thirty eight (38) signal
upgrades. Below is a summary along with fees associated with this project.
Agnes Street Corridor — (4 new signals and 2 signal upgrades)
Alameda Street Corridor — (2 signal upgrades)
Ayers Street Corridor — (1 new signals and 2 signal upgrades)
Baldwin Blvd. Corridor — (4 signal upgrades)
Doddridge Street Corridor — (3 signal upgrades)
Greenwood Drive Corridor — (4 signal upgrades)
Kostoryz Road Corridor — (6 signal upgrades)
Port Ave. Corridor — (1 new signals and 3 signal upgrades)
Staples Street Corridor — (5 signal upgrades)
Weber Road Corridor— (2 signal upgrades)
Ocean Drive Corridor — (5 signal upgrades)
Contract Amount: $668,956.56
Contents
Technical Specifications and PS&E documents will be included with the construction documents and
completed in accordance with City and TxDOT specifications and standards. Construction documents
will be submitted as on package.
Schedule
Once NTP is given we anticipate the overall design will take approximately 120 working days with
dedicated staff. This time will also depend on the City's and TxDOT review time and comments.
Review will consist of 60% and 100% reviews unless otherwise directed.
EXHIBIT "A"
Page 1 of 2
3833 SOUTH STAPLES ST SUITE N214 CORPUS CHRIST., TX 78411 Office 361-236-4,,11 www mbitsgroup.com
MALDONAbO-SUIKITT
INTELLIGENT TRANSPORTATION SYSTEMS, LLP
If you have any additional questions please let us know.
Best Regards,
Ramon H. Maldonado Jr., P.E.
Managing Partner
CC: Jerry Shoemaker, P.E.
Sarah Munoz, E.I.T.
Raymond Chong, P.E., PTOE
EXHIBIT "A"
Page 2 of 2
3833 SOUTH STAPLES ST SUITE NZ14 CORPUS CHRISTI, TX 78411 • Office 361-236-4611 • www.mbitsgroup.com
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EXHIBIT "B"
Page 1 of 1
e6
SUPPLIER NUMBER
TO BE ASSIGNED 13? CFI
PURCHASING DIVISION
City o CITY OF CORPUS CHRISTI
Chn
f; DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do
business with the City torovide the following information. Every question must be answered.
If the question is not applicable, answer with "NA". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME: Maldonado -Burkett Intelligent Transportation Systems, LLP
P. O. BOX: N/A
2205 Western Trails blvd.,
STREET ADDRESS: Suite B
FIRM 1S: I. Corporation
4. Association
B
CITY: Austin, TX ZIP: 78745
? 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.
I. 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)
NIA
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
NIA
3. State the names of each "board member" of the City of Corpus Christi having an "ownership
interest" constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or
Committee
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�'A
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public in general or a substantial segment thereof, you shall
disclose that fact in a signed writing to the City official, employee or body that has been
requested to act in the matter, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349 (d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested; and that supplemental
statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Ramon H. Maldonado, Jr., P. E. Title: Principal
(Type or Printf
Signature of Certifying
Person:
DEFINITIONS
Date: 2/0176
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.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are Interested parties.
Complete Nos. 1, 2, 3. 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number.
2016-3483
Date Filed: 1
0111512015
Dale Acknowledged:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Maldonado-Burkett ITS, LLP
Austin, TX United States
2 Name of governmental entity or state agency that Is a party to the contract for which the form is
being filed.
City of Corpus Christi
3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract, and provide a
description of the goods or services to be provided under the contract.
E15205
Traffic Engineering and Signal Design
4
Name of interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Burkett, Karl
Austin, TX United States
X
Maldonado, Ramon
Austin, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, underPe �►Y of perjury, u, that the above disclosure is true and correct.
Signature of authors ant of contracting business entity
AFFIX NOTARY STAMP 1 SEAL ABOVE
Swornto and subscribed before me. by the said Q D Y (Y\ MtL f f1Q(1O , this the (5jr day of FPbrUA,rl ,
20 ■� y+�..
V1
iir
, to certify which, witness
my hand and seal
of office.
-
,; ; t
MEGAN SIMALA
MY COMMISSION EXPIRES
15, 2x18
�(I C�llllt
CIA Rap/AC"
Sigr�ttrre
of officer administering oath Print name of officer administering oathTide of officer administering
Forms orovided by Texas Ethics Commission www.ethits.staie.tx.us Version V1.0.34032
Corpus Chrsti
Engineeri ng
Highway Safety Improvement
Project (HSIP)
Council Presentation
March 8, 2016
bkoec, Sar
HSIP Locations
INTERSTATE 37
1•
4••8
6•
•
3
co
co
o
Corpus Christi
• Project Locations
els
Corpus Chr stU
Engineering
The 11 Corridors are as follows:
1. Agnes - McBride to 19th St (4 new & 2 upgrades)
2. Alameda - Glazebrook to Texan Trail (2 upgrades)
3. Ayers - McArdle to Port (1 new & 2 upgrades)
4. Baldwin - Airport to Crosstown (4 upgrades)
• i i 5. Doddridge - Alameda to Ocean (3 upgrades)
6. Greenwood - SPID to Gollihar (4 upgrades)
7. Kostoryz - McArdle to Norton (6 upgrades)
• 2 8. Port Ave - Tarlton to Ruth (1 new & 3 upgrades)
• 5 9. Staples — Mustang to Carmel Pkwy (5 upgrades)
•
7 •9 10. Weber - McArdle to Gollihar (2 upgrades)
•o 11. Ocean - Peoples St to Louisiana (5 upgrades)
2
Project Scope
Corpus Chr'sti
Engineering
This project is part of a Texas Department of Transportation (TxDOT)
Highway Safety Improvement Program ( HSIP) for which the City
received a $5.7 Million grant.
• HSIP projects specifically target public transportation safety
• Grant provides a 90/10 participation by State/ City (construction only)
• City is responsible for design, right of way, construction admin, etc.
• TxDOT advertises and awards the project
• An Advanced Funding Agreement will be presented to City Council after
design phase is complete
• Project includes 11 locations City-wide and are coordinated with other City
Bond programmed street improvement projects
Project Schedule
Corpus Chr'sti
Engineering
2016
Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Jan
Bid
* Construction will be coordinated with TxDOT
0111111
Corpus Chr stU
Engineering
Questions?
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-3483
Date Filed:
01/15/2016
Date Acknowledged:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Maldonado -Burkett ITS, LLP
Austin, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Corpus Christi
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
E15205
Traffic Engineering and Signal Design
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
Burkett, Karl
Austin, TX United States
X
Maldonado, Ramon
Austin, TX United States
X
5 Check only if there is NO Interested Party. .
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of author ent of contracting business entity
AFFIX NOTARY STAMP 1 SEAL ABOVE
Sworn towand subscribed before me, by the said O( �KW(�V , this the
{ day of Feb Mail ,
-
20
to certify which, witness my hand and seal of office.
'
.,,
'r'�t;C: MEGANSIMAUI
s,a
„�„t MY COMMISSION EXPIRES
J ary15,2018
R'Y
� �� �till�
nein Ma.rii i
Sigr-ature
of officer administering oath Print[ name of officer administering oath Title of officer administering o Th
Forms provided by Texas Ethics Commission
www.ethics.state.tx.us
Version V1.0.34032
AGENDA MEMORANDUM
First Reading Item for the City Council Meeting of March 8, 2016
Second Reading Item for the City Council Meeting of March 29, 2016
DATE:
TO:
January 29, 2016
Ronald L. Olson, City Manager
FROM: Fred Segundo, Director of Aviation
FredScctexas.com
(361) 289-0171 ext. 1213
Replacement of mesh fabric for covered parking canopy at Corpus Christi International Airport
CAPTION:
Ordinance appropriating $178,000 from the unreserved fund balance in the No. 4610 Airport
Fund for replacement of the covered parking canopy fabric and hardware at the Corpus Christi
International Airport ("Airport"); amending the FY2016 Operating Budget adopted by Ordinance
No. 030620 to increase expenditures by $178,000; and authorizing the City Manager or
designee to execute an agreement for $177,132 with USA Shade & Fabric Structures for this
turnkey project at the Airport.
PURPOSE:
As a result of recent weather events including high winds, the fabric on the covered parking fabric
sustained three substantial tears. Based on cost and remaining economic life of the fabric, Airport Staff is
recommending total replacement of the fabric rather than partial repairs.
BACKGROUND AND FINDINGS:
The Covered Parking Lot structure at Corpus Christi International Airport was installed during the
summer of 2004 at a contract price of $1,143,095 by Sun Port International now known as USA Shade &
Fabric. The Covered Parking Lot provides shade for airport customer's vehicles with 321 available slots.
The Covered Lot annually generates approximately $800,000 of revenue and is a popular feature for
customers particularly during the summer months.
As a result of our customer's demand for covered parking, Airport Staff is working with Republic Parking
and our business development team to determine possible funding options for expansion of the Covered
Parking Lot. Restructuring of the parking rates could provide some of the funding. Airport Staff will
present recommendations to the City Council at a future date.
ALTERNATIVES:
No viable alternative exists to the recommended funding option. The Federal Aviation Administration
(FAA) considers the project to be major maintenance and thus not eligible for federal funding. Airport
Staff discussed financing options with the City's Treasury Department. The Treasury and Legal
Departments determined that provisions of the current lease financing agreement with Frost Bank would
not allow for this project to be approved. The only option would be to delay or defer the project which
could cause further deterioration / damage of the fabric resulting in customer service issues and revenue
loss.
OTHER CONSIDERATIONS:
Not Applicable
EMERGENCY / NON -EMERGENCY:
Non -Emergency
DEPARTMENTAL CLEARANCES:
Purchasing
Legal
Financial Services
Management and Budget
FINANCIAL IMPACT:
® Operating
❑ Revenue
❑ Capital
❑ Not applicable
Fiscal Year:
2015-2016
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$10,085,835
$10,085,835
Encumbered /
Expended Amount
0
0
This item (additional
revenue)
$178,000
$178,000
BALANCE
$10,263,835
$10,263,835
Fund(s): Airport Fund - 4610
Comments: None
RECOMMENDATION:
Staff recommends approval of the ordinance as presented.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Service Agreement
Ordinance appropriating $178,000 from the unreserved fund balance in the
No. 4610 Airport Fund for replacement of the covered parking canopy
fabric and hardware at the Corpus Christi International Airport ("Airport");
amending the FY2016 Operating Budget adopted by Ordinance No. 030620
to increase expenditures by $178,000; and authorizing the City Manager or
designee to execute an agreement for $177,132 with USA Shade & Fabric
Structures for this turnkey project at the Airport.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. Funds in the amount of $178,000 are appropriated from the unreserved fund
balance in the No. 4610 Airport Fund for replacement of the covered parking canopy fabric and
hardware at the Corpus Christi International Airport ("Airport"), and the FY2016 Operating
Budget, adopted by Ordinance No. 030620, is amended to increase expenditures by $178,000.
SECTION 2. The City Manager, or his designee, is authorized to execute an agreement for
$177,132 with USA Shade & Fabric Structures, Inc., of Dallas, Texas, for a necessary
turnkey/complete fabric replacement and hardware project of the covered parking canopies at
the Airport.
The foregoing ordinance was read for the first time and passed to its second reading on this the
day of , 2016, 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 , 2016, by the following vote:
Nelda Martinez Brian Rosas
Rudy Garza Lucy Rubio
Michael Hunter Mark Scott
Chad Magill Carolyn Vaughn
Colleen McIntyre
PASSED AND APPROVED this the day of , 2016.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta
City Secretary
Nelda Martinez
Mayor
SERVICE AGREEMENT FOR AIRPORT CANOPY REPLACEMENT
Contract No. 656
THIS Airport Canopy Replacement Service Agreement (this "Agreement") is
entered into by and between the City of Corpus Christi, a Texas home -rule municipal
corporation ("City"), acting by and through its City Manager or his designee ("City
Manager"), and, Shade Structures, Inc., doing business as USA Shade & Fabric
Structures ("Contractor"), of Huntersville, North Carolina, is effective for all purposes
upon execution by the City Manager.
WHEREAS, Contractor has proposed a turnkey fabric, hardware cables, and
brackets replacement of the airport's vehicle protection canopy structure as per Quote
#: WW-001063-CCIA; and
WHEREAS, the City has determined Contractor to be a vendor qualified by the
Texas Local Government Purchasing Cooperative (TLGPC).
NOW, THEREFORE, City and Contractor enter into this Agreement and agree as
follows:
1. Services. Contractor shall provide turnkey fabric, hardware cables, and brackets
replacement in accordance with quote WW-001063-CCIA which includes design and
engineering, furnished materials, and warranty dated 2/16/16 ("Services").
Contractor's proposal to provide the Services is attached to this Agreement and
incorporated by reference into this Agreement as Exhibit "A".
2. Term. This Agreement is for a term of seven weeks, commencing on the date
signed by the City Manager and continuing until completion of the work and includes a
continuing one-year workmanship warranty and a 10 -year fabric warranty (with the last
two years prorated at 30%).
3. Payment. Payment terms are net 30 days after the goods are provided or services
are completed, as required, or a correct invoice is received, whichever is later.
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement including deductions for non-performance and authorizations for payment.
All of the Contractor's notices and communications regarding this Agreement must be
directed to the Contract Administrator, who serves as the Airport Contract
Administrator, unless indicated otherwise in this Agreement.
5. Independent Contractor. Contractor shall perform the Services as an independent
contractor and furnish such Services in its own manner and method, and under no
circumstances will any employee, agent, or representative of the Contractor be
considered an employee of the City.
t(
6. Insurance. Before Services can begin under this Agreement, the Contractor's
insurance company must deliver a Certificate of Insurance as proof of the required
insurance coverages to the Contract Administrator. Additionally, the certificate must
state that the City's Risk Manager and the Contract Administrator will be given at least
thirty (30) days' notice of cancellation, material change in the coverages, or intent not to
renew any of the policies. The City must be named as an additional insured. The City
Attorney must be given copies of all insurance policies within 15 days of the City
Manager's written request to Contractor.
7. Payment and Performance Bonds. Before Services can begin under this
Agreement, the Contractor's bonding company must deliver a Certificate of Surety Bond
as proof of the required payment and performance bonds to the Contract Administrator.
A payment bond is necessary if the Agreement is in excess of $25,000 and a
performance bond is necessary if the Agreement is in excess of $100,000. Both the
payment and performance bonds must be in the amount of the Agreement. If the
Agreement increases at any time during the project, then the bonds must be amended
to reflect the increase.
8. Assignment. No assignment of this Agreement or of any right or interest in this
Agreement held by the Contractor is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the Contractor is
the essence of this Agreement, and the City's right to withhold consent to such
assignment is within the sole discretion of the City Manager on any ground whatsoever.
9. Fiscal Year. All parties recognize that the continuation of any contract after the
close of any fiscal year of the City (the City's fiscal year ends each September 30th) is
subject to budget approval and appropriations providing for such contract item as
expenditure in the fiscal budget. The City does not represent that a budget item for this
Agreement will be actually adopted, as that determination is within the sole discretion of
the City Council at the time of adoption of each fiscal budget.
10. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
11. Compliance with Laws. Contractor shall comply with all applicable federal, State,
and local laws, rules, and regulations in the performance of this Agreement. This
Agreement is subject to all applicable federal, state and local laws. All duties of the
parties must be performed in Corpus Christi, Texas. The applicable law for any legal
disputes arising out of this Agreement is the law of Texas, and the forum and venue for
such disputes is the appropriate State or federal court in Nueces County, Texas.
12. Subcontractors. The Contractor may use subcontractors in connection with the
work performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator. In using
subcontractors, the Contractor is responsible for all their acts and omissions to the
same extent as if the subcontractor and its employees were employees of the
Pagt'bf
Contractor. All requirements set forth as part of this Agreement, including the insurance
requirements, are applicable to all subcontractors and their employees to the same
extent as if the Contractor and its employees had performed the Services.
13. Amendments. This Agreement may be amended only in writing and signed by
persons authorized to execute the same by both parties.
14. Termination.
A. The City Manager may terminate this Agreement for Contractor's failure to
perform the Services specified in this Agreement. The Contract Administrator must give
the Contractor written notice of the breach and set out a reasonable opportunity to cure.
If the Contractor has not cured within the cure period stated in the notice, the City may
terminate this Agreement immediately thereafter. Failure to keep all insurance policies
in force for the entire term of this Agreement is grounds for termination.
B. Alternatively, the City may terminate this Agreement without cause upon 20
days' advance written notice to the Contractor. However, the City may terminate this
Agreement upon 24 hours' advance written notice to the Contractor for the Contractor's
failure to pay any required taxes or to provide proof of payment of taxes as set out in
this Agreement. The Contractor may terminate this Agreement upon 90 days' advance
written notice to the City.
15. Taxes. The Contractor covenants to pay all applicable federal and State payroll
taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in
accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be
amended. Upol request, the City Manager shall be provided proof of payment of taxes
within 15 days of such request.
16. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified
mail, postage prepaid and return receipt requested, and is deemed received on the date
hand -delivered or faxed, with proof of accepted transmission, and on the third day after
deposit in the U.S. mail if sent by certified mail. Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attention: Airport Department Contract Administrator
P.O. Box 9277
Corpus Christi, TX 78469-9277
1000 International Drive
Corpus Christi, TX 78406
Fax: (361) 826-4533
Page 3 of 6
IF TO CONTRACTOR:
USA Shade & Fabric Structures
Attn: Wade White
Mailing Address: 8505 Chancellor Row
City, State, ZIP: Dallas, TX 75247
Physical Address (if different than above)
City, State, ZIP
Fax: (214) 905-9514
17. Severability. Each provision of this Agreement is severable and if, for any reason,
any provision or any part thereof is determined to be invalid and contrary to any
applicable law, such invalidity shall not impair the operation of or affect those portions of
this Agreement that are valid, but this Agreement shall be construed and enforced in all
respects as if the invalid or unenforceable provision or part thereof had been omitted.
18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS
OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND
AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS
AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF
DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR
ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL
EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND
EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE
OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE
PERFORMANCE OF THIS AGREEMENT REGARDLESS OF WHETHER
THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE
CLAIMED TO BE CAUSED BY THE CONCURRENT OR
CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY
THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE
FAULT OF ANY OTHER PERSON OR ENTITY. CONTRACTOR MUST,
AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS,
ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND
ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY
SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF
ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND
ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS,
DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF
CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR
EARLIER TERMINATION OF THIS AGREEMENT.
01/
Page 4 of 6
19. Certificate of Interested Parties. Contractor agrees to comply with Texas Govern-
ment Code section 2252.908 and complete Form 1295 "Certificate of Interested Parties"
as part of this Agreement.
(SIGNATURE PAGE FOLLOWS)
V " n•
n
/k„
Page 5 of 6
CONTRACTOR:
FABRIC STRU
•T•
C., doing business as USA SHADE &
Signature:
Printed Name:
Title:
Date: 2 Z�
�i97>£ �il/11zT�
CITY OF CORPUS CHRISTI:
Signature: ter.
Printed Name: pr P r a
Title: erocr BMC -"us -1 9
Date:
'ed as to form:
Assis t City Att• ney
Fo, pry Attorney
Attached and Incorporated by Reference:
Exhibit A: QUOTE #: WW-001063-CCIA
Page 6 of 6
Exhibit A
SHADE
STRUCTURES
USASHADE
& Fabric Structures
BUYBOARD# - 423-13
February 16, 2016 QUOTE #: WW-001063-CCIA
Mr. Gary Williams
Corpus Christi International Airport
1000 International Drive
Corpus Christi, TX 78406
PROJECT DESCRIPTION
Shade Structures, Inc. d/b/a USA SHADE & Fabric Structures is pleased to offer the following quote for
the covered parking fabric replacement at the Corpus Christi International Airport. We will also include
fabric attachment improvements, as detailed below.
Turnkey/Complete Fabric Replacement:
- includes patterning & fabrication of approx. 75,000 ft2
of HailShield Ultra (eXtreme32) fabric and side panels
in Royal Blue
includes new galvanized hardware and tension cables
includes fabrication, powder -coating and replacement
of fifty (50) steel fabric -attachment brackets
includes all shipping/delivery costs
$174,000.00
Performance Bond: $3,132.00
TOTAL: $177,132.00
PROJECT TIMELINE
1. Once we receive a purchase order, a site survey will be conducted within 2 weeks.
2. After the site survey, patterning and fabrication will be performed over the following 4 weeks.
3. After fabrication, installation will be performed/completed over the following 3-4 weeks.
PAYMENT TERMS
For this project, terms are Net 30. Payment should be made in the name of our legal entity, Shade
Structures, Inc., d/b/a USA SHADE & Fabric Structures.
Client Signature: P(Ve..r•:A-m— krt.ksi_�
Corpus Christi International Airport 1
Date: OZ {2I, /20/6
SHADE
STRUCTURES
USASHADE
& Fabric Structures
WARRANTY
1. One (1) year workmanship warranty and fabric manufacturer's standard pass-thru warranty on shade
fabric and hardware only. Because of surety requirements, any performance bond that may be
required will cover only the first year of the warranty. The warranty will be a separate document
between USA SHADE & Fabric Structures and the Owner. Upon completion of work, USA SHADE will
execute the warranty as outlined below.
2. Fabric: From the date of substantial completion, HDPE fabrics carry an eight (8) year warranty with an
additional two (2) years pro -rated at 30%. The warranty protects against failure from significant
fading, deterioration, breakdown, mildew, heat, cold, or discoloration. Should the fabric need to be
replaced under warranty, USA SHADE will sew and ship a new fabric at no charge.
3. This warranty shall be void if damage to the shade fabric is caused by contact with chemicals,
misuse, vandalism, any Act of God (Le. hurricane, etc.), including but not limited to, ice, snow or wind
in excess of the applicable building code.
4. Our structures are designed to eliminate friction between the rafters and the fabric. The warranty will
be voided if any modification or attachment is made to the steel structure. The fabric will wear and/or
tear should any object be placed between the steel and fabric, voiding the warranty.
5. Thread: USA SHADE utilizes GORE® TENARA® sewing thread, which includes the manufacturer's
warranty. This warranty does not cover damage from fire, cuts, vandalism, misuse, or any Act of God
(i.e. hurricane, etc.), including but not limited to ice, snow or wind in excess of the applicable building
code. Labor for the removal, re -attachment, and/or freight of fabrics with damage caused by thread
will only be covered for a period of 3 years from the date of substantial completion.
ADDITIONAL COMMENTS
1. Any changes or services outside this form of agreement may affect the price, scope of work and
schedule.
2. Any deviations from the products/services outlined in this quote without the mutual consent of both
Shade Structures, Inc. and the City of Corpus Christi will be subject to a Change Request/Change
Order. Change orders will be invoiced, as required.
3. Payment will be made in U.S. Dollars at the time of payment.
Sincerely,
Wade White
Senior Vice President
972.523.6197
Client Signature:IA..0 -41-#-A-,--
Corpus Christi International Airport 2
Date: 0.2/26 / ?.o / G,
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: ROBERTA ORTIZ
ITEM
DESCRIPTION
PRICE SHEET
TLGPC CONTRACT NO. 423-13
TURNKEY FABRIC REPLACEMENT FOR THE
AIRPORT VEHICLE PARKING LOT CANOPIES
Turnkey fabric replacement to include: approximately
75,000 FT of fabric and side panels, new hardware
and tension cables and the replacement of fifty
attachment brackets
QTY. UNIT
1 Lot
USASHADE & Fabric Structures
Dallas, Texas
UNIT
PRICE
$177,132.00
EXTENDED
PRICE
$177,132.00
TOTAL $177,132.00
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Shade Structures, Inc.
Dallas, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Corpus Christi
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-14471
Date Filed:
02/17/2016
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
656
Complete fabric and hardware replacement for existing covered parking structures.
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
PlayPower, Inc.
Huntersville, NC United States
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6 AFFIDAVIT
VIRGINIA MARQUEZ
My Commission Expires
June 22, 2018
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said
0
I swear, or affirm, up'der pe
jury, tha he above disclosure is true and correct.
Signatu e of authorized agent of contracting business entity
otin ,S
amlulers
20 1 , to certify which, witness my hand and seal of office.
Signature o er administering oath
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Printed name of officer administ4 if ng oat
Forms provided by Texas Ethics Commission www.ethics.state.tx.us
this the
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day ofQ/�r,
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Title of officer administering oath
Version V1.0.34944
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of March 8, 2016
Second Reading Ordinance for the City Council Meeting of March 29, 2016
DATE: 2/12/2016
TO: Ronald L. Olson, City Manager
FROM: Dan McGinn, AICP CFM, Interim Director, Development Services
DanielMc@cctexas.com
(361) 826-3595
Approval of agreement and appropriating funds for Ata O. Azali, LLC.,for the construction
of a water arterial transmission and grid main line
CAPTION:
Ordinance authorizing city manager or designee to execute a water arterial transmission
and grid main construction and reimbursement agreement ("Agreement") with Ata O.
Azali, LLC., ("Developer"), for the construction of a water arterial transmission and grid
main line and appropriating $96,617.67 from the No. 4030 Arterial Transmission and
Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement.
PURPOSE:
Ata O. Azali, LLC., is required to install 1,077 linear feet of 12 -inch water arterial grid
main extension in order to provide adequate water to a proposed single family
residential subdivision. The subdivision is located east of Cimarron Boulevard, south of
Yorktown and west of Salsa Drive.
BACKGROUND AND FINDINGS:
Per Section 8.5.1.0 (1) Credits and Reimbursements of the Unified Development Code
("UDC"), Ata O. Azali, LLC., is requesting a Reimbursement Agreement for the
development of Queen's Crossing Unit 2 as shown on the final plat. The subdivision is
located east of Cimarron Boulevard, south of Yorktown and west of Salsa Drive.
The development requires the extension of 1,077 linear feet of 12 -inch water arterial
grid main in order to provide adequate water to the property. A layout of existing and
proposed improvements is included as Exhibit 3. The 12 -inch waterline is eligible for
oversize reimbursement from the Water Arterial Transmission and Grid Main Trust
Fund.
The Water Master Plan calls for the construction of a 12 -inch water arterial grid main
along Oso Parkway. If the actual costs for installation of such arterial transmission and
mains are greater than the lot or acreage fee, the developer shall be reimbursed (less
any lot or acreage fee credits) from funds available from the Water Arterial
Transmission and Grid Main Trust Fund for that portion of the arterial transmission and
grid main installed by the developer. In this case, the total construction cost of the 12 -
inch water arterial grid main is $110,419.47 minus the lot/acreage fee of $13,801.80
which equals $96,617.67.
ALTERNATIVES:
Disapproval of the Reimbursement Agreement.
OTHER CONSIDERATIONS:
None
CONFORMITY TO CITY POLICY:
The developer will be extending a water grid main to serve the proposed residential
development and has requested a Reimbursement Agreement, as provided in the
Unified Development Code.
EMERGENCY / NON -EMERGENCY:
Non -emergency
DEPARTMENTAL CLEARANCES:
Legal
Finance
FINANCIAL IMPACT:
❑ Operating
❑ Revenue ❑ Capital
❑ Not Applicable
Fiscal Year: 2015-2016
Project to
Date
Expenditures
(CIP only)
Current Year
Future
Years
TOTALS
Line Item Budget
$2,171,933.94
Encumbered / Expended
Amount
$ 836,395.95
This item
$96,617.67
BALANCE
$1,238,920.32
Fund(s): Water Arterial Transmission Grid Main Trust Fund
Comments:
RECOMMENDATION:
Staff recommends approval of the ordinance.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Maps
ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO
EXECUTE A WATER ARTERIAL AND GRID MAIN CONSTRUCTION
AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH ATA O.
AZALI, LLC., ("DEVELOPER"), FOR THE CONSTRUCTION OF A
WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND
APPROPRIATING $96,617.67 FROM THE NO. 4030 ARTERIAL
TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE
DEVELOPER IN ACCORDANCE WITH THE AGREEMENT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to execute a water
arterial transmission and grid main construction and reimbursement agreement
("Agreement"), attached hereto, with Ata O. Azali, LLC., ("Developer"), for the
extension of a 12 -inch water arterial transmission and grid main line, including all
related appurtenances, for the development of Queen's Crossing Unit 2, Corpus
Christi, Nueces County, Texas.
SECTION 2. Funding in the amount of $96,617.67 is appropriated from the No.
4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the
Developer for the construction of the water arterial transmission and grid main line
improvements in accordance with the Agreement.
The foregoing ordinance was read for the first time and passed to its second reading on
this the day of , 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
Michael Hunter Mark Scott
Chad Magill Carolyn Vaughn
Colleen McIntyre
PASSED AND APPROVED this the day of , 20
ATTEST:
Rebecca Huerta
City Secretary
Nelda Martinez
Mayor
WATER ARTERIAL TRANSMISSION AND GRID MAIN
CONSTRUCTION AND REIMBURSEMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This Water Arterial Transmission and Grid Main Reimbursement Agreement
("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -
rule municipality, P.Q. Box 9277, Corpus Christi, Texas, 78469-9277, and Ata O. Azali,
LLC.,("Developer "), P.O. Box 8155, Corpus Christi, Texas 78468.
WHEREAS, the Developer, in compliance with the Unified Development Code
("UDC"), proposes to final plat the Property as shown on the attached final plat known
as Queen's Crossing Unit 2 ("Development"), as shown in Exhibit 1 (attached and
incorporated);
WHEREAS, under the UDC and as a condition of such plat of Queen's Crossing
Unit 2, Developer is required to construct a public waterline in order to record such plat;
WHEREAS, Developer has submitted an application for reimbursement of the
costs of extending a 12 -inch waterline from the existing 12 -inch waterline located on
Cimarron for a distance of 1,077 linear feet in order to extend water grid main along Oso
Parkway and consistent with the Unified Development Code (Exhibit 2);
WHEREAS, it is in the best interests of the City to have the 12 -inch waterline on
Holly Road for a distance of 1,077 linear feet installed by Developer in conjunction with
the final plat;
WHEREAS, Resolution No. 026869 authorized the acceptance of applications to
be eligible for reimbursement in the future when funds are fully available in, and are
appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund
as per the UDC, Section 8.5.1.C(1), and
WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a
municipality to make a contract with a Developer of a subdivision or land in the
municipality to construct public improvements related to the subdivision or land;
NOW, THEREFORE, in consideration set forth hereinafter and in order to provide
a coordinated waterline construction project, the City and Developer agree as follows:
Subject to the terms of this Agreement and the plat of Queen's Crossing Unit 2,
Developer will construct the 12 -inch waterline for and on behalf of the City in
accordance with the plans and specifications as are approved by the City Engineer on
behalf of the City.
1. REQUIRED CONSTRUCTION
The Developer shall construct the 12 -inch waterline improvements, in compliance
with the City's UDC and under the plans and specifications approved by the
Development Services Engineer.
2. PLANS AND SPECIFICATIONS
a. The Developer shall contract with a professional engineer, acceptable to
the City's Development Services Engineer, to prepare plans and
specifications for the construction of the 12 -inch waterline, as shown in
Exhibit 3, with the following basic design:
1. Install 1077 linear feet of 12 -inch PVC waterline pipe.
2. Install four (4) 12" tees.
3. Install four (4) fire hydrant assemblies.
4. Install two (2) 12 -inch gate valves with boxes.
5. Install three (3) 12 -inch bend EL, any angle DI.
6. Install four (4) gate valves.
7. Install nine (9) 6 x 30 PVC nipples.
8. Install three (3) 6 -inch bend any angle .
9. Install fifteen (15) 6 -inch PVC pipe. .
10. Install one (1) 12 x 6 reducer.
b. The plans and specifications must comply with City Water Distribution
Standards and Standard Specifications.
c. Before the Developer starts construction the plans and specification must
be approved by the City's Development Services Engineer.
3. SITE IMPROVEMENTS
Prior to the start of construction of the 12 -inch waterline improvements,
Developer shall acquire and dedicate to the City the required additional utility
easements "Easements", if necessary for the completion of the 12 -inch waterline.
If any of the property needed for the Easements is owned by a third party and
Developer is unable to acquire the Easements through reasonable efforts, then
the City will use its powers of eminent domain to acquire the Easements.
4. PLATTING FEES
Arterial Tran and Grid Main Reimb Agmt Ata 0. Azali-Queens Crossing Unit 2 vFinal
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Developer shall pay to the City of Corpus Christi the required acreage fees and
pro -rata fees as required by the UDC for the area of the improvements for the
construction of the 12 -inch waterline. The required acreage fees Developer is to
pay to the City under the UDC for the 12 -inch waterline improvements will be
credited to Developer provided that an application for credit, including cost -
supporting documentation, has been submitted to the Assistant City Manager of
Development Services prior to the installation of the 12 -inch waterline and is
approved.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS
Developer shall award a contract and complete the improvements to 12 -inch
waterline, under the approved plans and specifications, by March 29, 2017.
6. TIME IS OF THE ESSENCE
Time is of the essence in the performance of this contract.
7 PROMPT AND GOOD FAITH ACTIONS
The parties shall act promptly and in good faith in performing their duties or
obligations under this Agreement. If this Agreement calls for review or
inspections by the City, then the City's reviews or inspections must be completed
thoroughly and promptly.
8. DEFAULT
The following events shall constitute default:
a. Developer fails to engage a professional engineer for the preparation of
plans and specifications by the 10th calendar day after the date of
approval by City Council.
b. Developer's professional engineer fails to submit the plans and
specifications to the City's Director of Engineering Services by the 40th
calendar day after the date of approval by City Council.
c. Developer fails to award a contract for the construction of the project,
according to the approved plans and specifications, by the 70th calendar
day after the date of approval by City Council.
d. Developer's contractor does not reasonably pursue construction of the
project under the approved plans and specifications.
e. Developer's contractor fails to complete construction of the project, under
the approved plans and specifications, on or before March 29, 2017.
f. Either the City or Developer otherwise fails to comply with its duties and
obligations under this Agreement.
9. NOTICE AND CURE
Arterial Tran and Grid Main Reimb Agmt Ata 0. Azali-Queens Crossing Unit 2 vFinal
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a. In the event of a default by either party under this Agreement, the non -
defaulting party shall deliver notice of the default, in writing, to the
defaulting party stating, in detail the nature of the default and the
requirements to cure such default.
b. After delivery of the default notice, the defaulting party has 15 business
days from the delivery of the default notice ("Cure Period") to cure the
default.
c. In the event the default is not cured by the defaulting party within the Cure
Period, then the non -defaulting party may pursue its remedies in this
section.
d. Should Developer fail to perform any obligation or duty of this Agreement,
the City shall give notice to Developer, at the address stated above, of the
need to perform the obligation or duty, and should Developer fail to
perform the required obligation or duty within 15 days of receipt of the
notice, the City may perform the obligation or duty, charging the cost of
such performance to Developer by reducing the reimbursement amount
due Developer.
e. In the event of an uncured default by the Developer, after the appropriate
notice and cure period, the City has all its common law remedies and the
City may:
1. Terminate this Agreement after the required notice and opportunity
to cure the default.
2. Refuse to record a related plat or issue any certificate of occupancy
for any structure to be served by the project.
3. Perform any obligation or duty of the Developer under this
agreement and charge the cost of such performance to Developer.
Developer shall pay to City the reasonable and necessary cost of
the performance within 30 days from the date Developer receives
notice of the cost of performance. In the event that Developer pays
the City under the preceding sentence, and is not otherwise in
default under this Agreement, then the Agreement shall be
considered in effect and no longer in default.
f. In the event of an uncured default by the City after the appropriate notice
and cure period, the Developer has all its remedies at law or equity for
such default.
10. FORCE MAJEURE
a. The term "force majeure" as employed in this Agreement means and
refers to acts of God; strikes, lockouts, or other industrial disturbances;
acts of public enemies; insurrections; riots; epidemic; landslides; lightning;
earthquakes; fires; hurricanes; storms; floods; washouts; droughts;
Arterial Tran and Grid Main Reimb Agmt Ata 0. Azali-Queens Crossing Unit 2 vFinal
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arrests; civil disturbances; explosions; or other causes not reasonably
within the control of the party claiming the inability.
b. If, by reason of force majeure, either party is rendered wholly or partially
unable to carry out its obligations under this Agreement, then the party
shall give written notice of the full particulars of the force majeure to the
other party within ten (10) business days after the occurrence or waive the
right to claim it as a justifiable reason for delay. The obligations of the
party giving the required notice, to the extent affected by the force
majeure, are suspended during the continuance of the inability claimed,
but for no longer period, and the party shall endeavor to remove or
overcome such inability with all reasonable dispatch.
11. NOTICES
a. Any notice or other communication required or permitted to be given under
this Agreement must be given to the other Party in writing at the following
address:
1. If to the Developer: 2. If to the City:
Ata O. Azali City of Corpus Christi
President 1201 Leopard Street (78401)
Ata O. Azali, LLC P.O. Box 9277
P.O. Box 8155 Corpus Christi, Texas 78469
Corpus Christi, Texas 78468 ATTN: Assistant City Manager
Development Services
b. Notice required by the paragraph may be by United States Postal Service,
First Class Mail, Certified, Retum Receipt Requested, postage prepaid; by
a commercial delivery service that provides proof of delivery, delivery
prepaid; or by personal delivery.
c. Either party may change of address for notices by giving notice of the
change under the provisions of this section.
12. THIRD -PARTY BENEFICIARY
Developer's contracts with the professional engineer for the preparation of the
plans and specifications for the construction of the project, contracts for testing
services, and with the contractor for the construction of the project must provide
that the City is a third party beneficiary of each contract.
13. PERFORMANCE AND PAYMENT BONDS
Developer shall require its contractor for the construction of the project, before
beginning the work, to execute with Developer and the City a performance bond
if the contract is in excess of $100,000 and a payment bond if the contract is in
excess of $25,000. The performance and payment bond must comply with
Arterial Tran and Grid Main Reimb Agmt Ata 0. Azali-Queens Crossing Unit 2 vFinal
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Texas Govemment Code, Chapter 2253 and must be in the form and substance
as attached to this Agreement.
14. WARRANTY
Developer shall fully warranty the workmanship of and function of the 12 -inch
waterline improvements and the construction thereof for a period of one year
from and after the date of acceptance of the facilities by the City Engineer.
15. REIMBURSEMENT
a. Subject to the appropriation of funds, the City will reimburse the Developer
100% of the reasonable cost of the 12 -inch waterline improvements, not to
exceed $96,617.67. See attached cost estimate (Exhibit 4).
b. Subject to the appropriation of funds, the City agrees to reimburse the
Developer on a monthly basis upon invoicing for work performed. The
reimbursement will be made no later than 30 -days from the date of the
invoice. Developer shall submit all required performance bonds and proof
of required insurance under the provisions of this Agreement as detailed in
Exhibit 5.
c. To be eligible for reimbursement, the work completed in a good and
workmanlike manner, and must have been inspected and accepted by the
City. The City agrees to conduct periodic inspections and approve the
progress of the work at key points during construction.
d. In the event that this Agreement is terminated by the City at a time when
there has been a partial completion and partial payment for the
improvements, then the City shall only reimburse Developer for its costs
that were legitimately incurred towards the completion of the
improvements that have been inspected and accepted by the City up to
the time that there is an uncured default by the Developer.
16. INDEMNIFICATION
DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD
HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES,
AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY,
DAMAGE, LOSS, 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, 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, THE DEVELOPER'S FAILURE TO
COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO
PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING
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INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY
MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE
IN ANY MANNER CONNECTED WITH THE CONSTRUCTION,
INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR,
RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS
ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING
THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR
CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM,
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 1F 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.
THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND
LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN,
UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT
LIMITED TO THE FOLLOWING:
(A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING
BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE
PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING,
CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL
ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE
PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH
THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS
SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE
FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL
CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT
WITNESSES.
(B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY
WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN
THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION,
REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH
RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE
PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS
MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT.
THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THE AGREEMENT.
17. ASSIGNMENT OF AGREEMENT
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This Agreement may be assigned by Developer to another with the written
consent of the City's City Manager.
18. COVENANT RUNNING WITH THE LAND
This Agreement is a covenant running with the land, Queen's Crossing Unit 2, a
subdivision in Nueces County, Texas, and must be recorded in the Official Public
Records of Nueces County, Texas. The duties, rights, and obligations of the
Agreement are binding on and inure to the benefit of the Developer's successors
or assigns.
19. DISCLOSURE OF OWNERSHIP INTERESTS
Developer further agrees, in compliance with the City Ordinance No. 17110, to
complete, as part of this Agreement, the Disclosure of Ownership interests form
attached hereto as Exhibit 6.
20. AUTHORITY
All signatories signing this Agreement warrant and guarantee that they have the
authority to act on behalf of the entity represented and make this Agreement
binding and enforceable by their signature.
21. EFFECTIVE DATE
This Agreement shall be executed in one original, which shall be considered one
instrument. *This Agreement becomes effective and is binding upon, and inures
to the benefit of the City and Developer from and after the date that all original
copies have been executed by all signatories.
EXECUTED IN ONE original, *this day of , 2016.
SIGNATURES FOUND ON PAGES 9 and 10.
Arterial Tran and Grid Main Reimb Agmt Ata 0. Azali-Queens Crossing Unit 2 vFinal
Standard Form Reimbursement Agreement Template Version 1.0 6.2.14
Page 8 of 10
Developer
Ata O. Azali, President
Ata O. Azali, LLC
P.O. Box 6155
Corpus Christi, Texas 78468
By:
Ata a . Azali
President
THE STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was signed by Ata O Ii, Presddien , for Ata O. Azali, LLC., and
acknowledged before me on the 1 day of 4-- Jin ail,y, 2016.
' . , 9 C&ee. . -\ r , a4- ; ,- -
Notary Public, State of Texas
Arterial Tran and Grid Main Reimb Agmt Ata 0. Azali-Queens Crossing Unit 2 vFinal
Standard Form Reimbursement Agreement Template Version 1.0 6.2.14
Page 9 of 10
CITY OF CORPUS CHRISTI:
ATTEST:
By: By:
Rebecca Huerta Dan McGinn
City Secretary Development Services Director
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus
Christi, Texas, and acknowledged before me on the day of
2016.
Notary Public, State Of Texas
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was signed by Dan McGinn, Development Services Director, for the
City of Corpus Christi, Texas, and acknowledged before me on the day of
, 2016.
Notary Public, State Of Texas
APPROVED AS TO FORM: This ir�Y:'day of
Julian Grant, Seen or Assistalit City Attomey
For the City Attomey
Arterial Tran and Grid Main Reimb Agmt Ata 0. Azali-Queens Crossing Unit 2 vFinal
Standard Form Reimbursement Agreement Template Version 1.0 6.2.14
2016.
Page 10 of 10
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APPLICATION FOR WATER LINE REIMBURSEMENT
We, Ata O. Azali, LLC., P.O. Box 8155, Corpus Christi, Texas, 78468, owners and developers of
the proposed Queen's Crossing Unit 2 subdivision, hereby request reimbursement of
$96,617.67, as provided for by City Ordinance No. 17092. $110,419.47 is the construction cost,
including 11%Engineering, Surveying, and Testing, in excess of the lot and acreage fees, as
shown by the c."•;:.• 'ng doments .II ached herewith.
By:
Title: -7
Date:
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on .6,'4 a s , 2016, by
44? 0 - (Name), /77E/n4el2,- (Title), of
Ata O. Azali, LLC., a Texas Limited Liability Company, on behalf of the said company.
CERTIFICATION
ROSIE LOPEZ
ID# 481064-5
Notary Public
STATE OF TEXAS
Comm. Exp. 07-15.2017
Notary Public in and for the State of Te
The information submitted with this application for reimbursement has been reviewed and
determined to be correct. Reimbursement is subject to:
(a) Sufficiency of funds in the Water Grid Main Trust Fund, and
(b) Appropriation and approval by the City Council.
4?
evelopment Services Engineer Date
Exhibit 2
Page 1 of 2
APPLICATION FOR WATER LINE CREDIT
We, Ata O. Azali, LLC., P.O. Box 8155, Corpus Christi, Texas, 78468, owners and developers
of proposed Queen's Crossing Unit 2 subdivision, hereby apply for $13,801.80. credit towards the
water distribution acreage and lot fees for the installation of the water grid main as provided for
by City Ordinance No. 17092. $110,419.47 is the construction cost, including 11%
Engineering & Surveying, as shown by the cost supporting documents attached herewith.
By:
Title:
Date: `
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on e 1_ r 4.( t �' f ' , 2016, by
D . 424• (Name), ';_/:
(Title), of
Ata O. Azali, LLC., a Texas Limited Liability Company, on behalf of the said company.
" ROSIE LOPEZ
. <�►� ID# a810r�a 5
% d� . . NotaryPublic
`'.,s:;•� , '}w; STATE F TEXAS
'FOci6* My Comm. Exp, 07-15.2017
Notary Public in and for the tate o xas
Exhibit 2 Page 2 of 2
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NIXON M. WELSH, P.E., R.P.L.S.
Email: NixMW@aol.com
BASS WELSH ENGINEERING
TX Registration No. F-52
Survey Registration No. 100027-00
P.O. Box 6397
Corpus Christi, TX 78466-6397
QUEEN'S CROSSING UNIT 2
COST ESTIMATE
03/30/15
3054 S. Alameda St.
361 882-5521- FAX 361 882-1265
ITEM 1 DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
STREET & SURFACE ITEMS (AT PARK & WIDEN WALK TO 8' IN 050 PKWY)
1
4" HMAC
140
5Y
36.50
5,110.00
2
6" CURB & GUTTER
_
70
LF
1450
1,015.00
3
11" UMESTONE BASE
172
SY
35.00
6,020.00
4
8"UMESTABILZEOSUBGRADETOI1IC
172
SY
7.80
1,341.60
5
4" THICK R/C WALK
4872
SF
4.60
22,411.20
6
STREET EXCAVATION
1
LS
12,500,00
12,500.00
7
CLEARING & GRUBBING
1
LS
3,500.00
3,500.00
TOTAL STREET & SURFACE ITEMS
51,897.80
ITEM DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
STREET & SURFACE ITEMS (NOT INCLUDING PARK OR WIDENING WALK)
1
4" HMAC
4448
SY
3650
162,352.00
2
4" THICK R/C WALK
9436
SF
4.60
43,405.60
3
6" CURB & GUTTER
2470
LF
14.50
35,815.00
411"
_.8"
UMESTONE BASE
5548
5Y
35.00
194,180.00
5
UME STABILZED SUBGRADE TO 1'BC
5548
SY
7.80
43,274.40
6
STREET SIGNS
1
EA
300.00
300.00
7
EXCAVATION ALSO INCLUDING BACKFILL & SWALE ALONG E. SIDE
CIMARRON BLVD
1
LS
52,500.00
52,500.00
8
CLEARING & GRUBBING
1
L5
8,800.00
8,800.00
TOTAL STREET & SURFACE ITEMS IAT PARK)
540,627.00
ITEM 1 DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
MISCELLANEOUS CONSTRUCTION
1
BLANK 2" & 4" CONDUIT FOR AEP
100
LF
15.00
1,500.00
2
TRAFFIC CONTROL & BARRICADING PLAN (DURING CONSTRUCTION)
1_
L5
4,800.00
4,800.00
3
TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER & STORM SEWER
PIPES OF ALL SIZES)
1369
LF
2.00
2,738.00
4
STORM WATER POLLUTION PREVENTION
1
L5
3,500.00
3,500.00
TOTAL MISCELLANEOUS CONSTRUCTION
14538.00
ITEM 1 DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
SANITARY SEWER ITEMS
1
4" OR 6" PVC SERVICES
11
EA
380.00
4,180.00
2
8" PVC PIPE
642
LF
48.00
40,416.00
3
FG MANHOLE 4' DIAMETER
2
EA
3,800.00
7,600.00
4
END OF UNE RISER ASSEMBLY
1
EA
500.00
500.00
TOTAL SANITARY SEWER ITEMS
Exhibit 4
52,696.00
Page 1 of 3
NIXON M. WELSH, P.E., R.P.LS.
Email: NixMW@aol.com
BASS WELSH ENGINEERING
TX Registration No. F-52
Survey Registration No. 100027-00
P.O. Box 6397
Corpus Christi, TX 78466-6397
3054 S. Alameda Si.
361 882-5521- FAX 361 882-1265
ITEM 1 DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
STORM SEWER ITEMS
1
5' INLET SLOT OR TYPE
4
EA
2,600.00
10,400.00
2
BRICK MANHOLE
1
EA
3,800.00
3,800.00
3
18" RCP
_
63
LF
44.00
2,772.00
4
30" RCP
462
LF
59.00
27,258.00
5
R/C CONCRETE LINING AT END OF PIPE
1
LS
3,500.00
3,500.00
6
ADJUST INLET TOP
1
LS
2,500.00
_ 2,500.00
TOTAL STORM SEWER ITEMS
50,230.00
ITEM 1 DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
WATER ITEM - NON GRID ITEMS
1 IDOUBLEWATERSERVICE
5
EA
525.00
2,625.00
TOTAL STORM SEWER ITEMS
2,625.00
ITEM 1 DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12" GRID MAIN WATER ITEMS
1
12" PVC PIPE
1077
LF
66.00
71,082.00
2
12" TEE
4
EA
900.00
3,600.00
3
FIRE HYDRANT ASSEMBLY
4
EA
3,600.00
14,400.00
4
12" GATE VALVE W/BOX
2
EA
1,385.00
2,770.00
5
12" BEND EL, ANY ANGLE DI
3
EA
275.00
825.00
6
6" GATE VALVE
4
EA
800.00
3,200.00
7
6"X30" PVC NIPPLE
9
EA
225.00
2,025.00
8
6" BEND ANY ANGLE
3
EA
175.00
525.00
9
6" PVC PIPE
15
LF
50.00
750.00
10
12"X6" REDUCER
1
EA
300.00
300.00
TOTAL 12" GRID MAIN WATER ITEMS
SUBTOTAL CONSTRUCTION
11% ENGINEERING, SURVEYING & TESTING
99,477.00
810,090.80
89.109.99
$899,200.79
Exhibit 4 Page 2 of 3
NIXON M. WELSH, P.E., R.P.L.S.
Email. NixMW@aol.com
BASS WELSH ENGINEERING
TX Registration No. F-52
Survey Registration No. 100027-00
P.O. Box 6397
Corpus Christi, TX 78466-6397
QUEEN'S CROSSING UNIT 2
12" GRID MAIN COST ESTIMATE
03/30/15
3054 S. Alameda St
361 882-5521— FAX 361 882-1265
ITEM 1 DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12" GRID MAIN WATER ITEMS
1
12" PVC PIPE _
1077
LF
66.00
71,082.00
2
12" TEE
4
EA
900.00
3,600.00
3
FIRE HYDRANT ASSEMBLY
4
EA
3,600.00
14,400.00
4
12" GATE VALVE W/BOX
2
EA
1,385.00
2,770.00
5
12" BEND EL ANY ANGLE DI
3
EA
275.00
825.00
6
6" GATE VALVE
4
EA
800.00
3,200.00
7
6"X30" PVC NIPPLE
9
EA
225.00_
2,025.00
8
6" BEND ANY ANGLE
3
EA
_
175.00
525.00
9
6" PVC PIPE
15
LF
50.00
750.00
__
10
12"X6" REDUCER
1
EA
300.00
300.00
SUBTOTAL
11% ENGINEERING, SURVEYING & TESTING
SUBTOTAL
LESS WATER DISTRIBUTION SYSTEM ACREAGE & LOT FEE
TOTAL AMOUNT REIMBURSEABLE
99,477.00
10,942,47,
110,419.47
-13.801.80
$96,617.67
Exhibit 4 Page 3 of 3
INSURANCE REOUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained
and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been so obtained.
B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with
applicable policy endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General
Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable
policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day Notice of Cancellation required on all
certificates or by policy endorsement(s)
Bodily injury and Property Damage
Per Occurrence / aggregate
COMMERCIAL GENERAL LIABILITY
1. Broad Form
2. Premises — Operations
3. Products/Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal and Advertising Injury
8. Professional Liability (if applicable)
9. Underground Hazard (if applicable)
10. Environmental (if applicable)
$1,000,000 Per Occurrence
$2,000,000 Aggregate
BUSINESS AUTOMOBILE LIABILITY
1. Owned
2. Hired & Non -owned
3. Rented & Leased
$1,000,000 Combined Single Limit
WORKERS' COMPENSATION
(for paid employees)
EMPLOYER'S LIABILITY
Which Complies With The Texas Workers'
Compensation Act And Paragraph II Of
This Exhibit.
$500,0001$500,0001$500,000
PROPERTY INSURANCE
Contractor shall be responsible for insuring all owned,
rented, or leased personal property for all perils.
C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with
copies of all reports of such accidents within ten (10) days of the accident.
Exhibit 5
Page 1 of 3
II. ADDITIONAL REQUIREMENTS
A. Contractor must obtain workers' compensation coverage through a licensed insurance company in
accordance with Texas law. The contract for coverage must be written on a policy and endorsements
approved by the Texas Department of Insurance. The coverage provided must be in amounts
sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All
States endorsement shall be included for Companies not domiciled in Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor'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. Contractor shall be required to submit replacement certificate of insurance to City at the address
provided below within 10 days of the requested change. Contractor shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to City at the following
address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-4555- Fax #
D. Contractor 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, volunteers, and elected representatives as additional
insured by endorsement, or comparable policy language, as respects to operations, completed
operations and activities of, or on behalf of, the named insured performed under contract with the City.
• 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. City shall have the option to suspend Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which
become due to Contractor hereunder until Contractor demonstrates compliance with the requirements
hereof.
Exhibit 5 Page 2 of 3
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may
be held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this agreement.
H. It is agreed that Contractor'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 and completed operations and activities under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
Exhibit 5 Page 3 of 3
City of
Corpus
Christi
DISCLOSURE OF INTERESTS
City of Carpus Christi, Teen
Department orDevelopment Setvices
P.O. Dox 9277
Corpus Christi, Texas 78469-9277
(361) 826-3240
Located al 2406 Leopard Street
(Comer or Leopard St. and Part 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:
f/ n a /7 za_ // 2 d- c)
STREET: i" a _ C 5 3 CITY: . ZIP: 73'46
FIRM Is: ❑ Corporation 0 Partnership 2SoIe Owner ❑ Association ❑ Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Job Title and City Department (if known)
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
XI 4
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
A
Ac 4
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name Consultant
t /4
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.•
�1
Certifying Person: I! r a 0• /9-/T
Z L I Title: tri /c/e7r/
(Print)
Signature of Certifying Person:
Date:
KDDPMENIS� IIAREDNI AND DEVELOPMFSmORD1NANCE ADMINISTRM10P PP1= CON FORMSIFORMS AS PER LEQALV20121DISCLOSUREOF INTER[STS Page 1 of 2
DEFINITIONS
a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of
Corpus Christi, Texas.
b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but
not as an independent contractor.
c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether
established to produce or deal with a product or service, including but not limited to, entities operated in the form
of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,
receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations.
d. "Official". The Mayor, members of the City Council, City Manager, DeputyCity Manager, Assistant City
Managers, Department and Division Heads and Municipal Court Judges of the ity of Corpus Christi, Texas.
e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including
when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to
holding or control established through voting trusts, proxies or special terms of venture or partnership
agreements.
f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the
purpose of professional consultation and recommendation.
K TIEVEI.OPMENTSVCSISIIARCOLAND IM V EWPM ENRORDINANCE ADM INISTRATIO MPPLICATION FORMSFORMS AS PER LEGA D2612VSI5CLOSORE OF INTERESTS
STATEMENT] .27 12.DOC
Exhibit 6 Page 2 of 2
Vicinity Map
VICINITY MAP
QUEEN'S CROSSING UNIT 2
QUEEN'S CROSSING UNIT 2
Gulf of
Mexico
Aerial Overview
AERIAL OVERVIEW
QUEEN'S CROSSING UNIT 2
t
N
Aerial
AERIAL MAP
QUEEN'S CROSSING UNIT 2
A
3
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Ata 0 Azali. LLC
pob 8155, TX United States
Certificate Number:
2016-12486
Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
city of corpus christi
02/11/2016
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
queens crossing unit 2
water reimbursement agreement
4
Name of Interested Party
City, State, Country (place of business)
Nature of Interest (check applicable}
Controlling
Intermediary
5 Check only if there is NO Interested Party.
El
6 AFFIDAVIT
IT
.A... A. ` 1 1 A ..
I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
•(\ ROSIE LOPEZ
ID# 481084-5
Notary Public
�, STATE OF TEXAS
.."4., : „po;� My Comm. Exp. 07-15.2017
Signature horiz
\. "g- , v v v v v v v
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, byd
the said
. ' agen co 'acting b -iness entity
f 1 44-
r -7cL 1 r this the // day of L/cf in
,
20 ne , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
arms provided by Texas Ethics Commission
www.eihics.state.tx.us
Version V1.0.34944
AGENDA MEMORANDUM
Public Hearing and First Reading for the City Council Meeting of March 29, 2016
Second Reading for the City Council Meeting of April 12, 2016
DATE: March 8, 2016
TO: Ronald L. Olson, City Manager
FROM: Daniel McGinn, Interim Director, Development Services Department
DanielMc@cctexas.com
(361) 826-3595
Public Hearing and First Reading for Property at
14601 Northwest Boulevard
CAPTION:
Case No. 0216-01 IHS Consultants, LP: A change of zoning from the "FR" Farm Rural
District to the "CG -2" General Commercial District. The property is described as being
6.709 acres out of the East 1/2 of the East 1/2 of Lot 3, Block 2, Nueces River Irrigation
Park, located near the southwest corner of Northwest Boulevard (FM 624) and River Hill
Drive.
PURPOSE:
The purpose of this item is to rezone the property to allow commercial uses.
RECOMMENDATION:
Planning Commission and Staff Recommendation (February 24, 2016):
Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2"
General Commercial District.
Vote Results
For: Unanimous
Against: 0
Absent: 0
BACKGROUND AND FINDINGS:
As detailed in the attached report, the applicant is requesting a rezoning from the "FR"
Farm Rural District to the "CG -2" General Commercial District to allow commercial uses.
Unified Development Code review criteria for a rezoning stipulates that a rezoning
should be compatible with present zoning and conforming uses of nearby property and
to the character of the surrounding area, that the property to be rezoned is suitable for
the uses permitted by the zoning district that would be applied, and that the rezoning
would not have a negative impact on surrounding development. Staff finds the rezoning
would allow uses that are suited for the property and compatible with the adjacent,
existing land uses and that the zoning change will not have a negative impact upon the
surrounding properties. Staff also finds approval of the change may further policies
pertaining to infill development.
ALTERNATIVES:
1. Deny the request.
2. Approve an alternative lesser district.
OTHER CONSIDERATIONS:
The City's adopted Urban Transportation Plan includes a planned roadway between the
subject property and the adjacent property to the east. It is important to note that a
future dedication and/or improvements will be required from the subject property via
subsequent development applications to further the construction of River Hill Drive
which will eventually connect with County Road 52.
CONFORMITY TO CITY POLICY:
The subject property is located within the boundaries of the Northwest Area
Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial
District is largely consistent with the adopted Future Land Use Map's designation of the
property as suitable for commercial uses and medium density residential uses.
EMERGENCY / NON -EMERGENCY:
Non -Emergency
DEPARTMENTAL CLEARANCES:
Legal and Planning Commission
FINANCIAL IMPACT:
❑ Operating ❑ Revenue
❑ Capital
iu
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
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Ordinance amending the Unified Development Code ("UDC"), upon
application by IHS Consultants, LP ("Owner"), by changing the UDC
Zoning Map in reference to a 6.709 -acre tract of land out of the East
1/2 of the East 1/2 of Lot 3, Block 2, Nueces River Irrigation Park, from
the "FR" Farm Rural 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 IHS Consultants, LP ("Owner"),
for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and
corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on
Wednesday, February 24, 2016, during a meeting of the Planning Commission when
the Planning Commission recommended approval of the requested "CG -2" General
Commercial District, and on Tuesday, March 29, 2016, 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 IHS Consultants, LP ("Owner"), the Unified
Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by
changing the zoning on a 6.709 -acre tract of land out of the East 1/2 of the East 1/2 of Lot
3, Block 2, Nueces River Irrigation Park, located near the southwest corner of Northwest
Boulevard (FM 624) and River Hill Drive (the "Property"), from the "FR" Farm Rural
District to the "CG -2" General Commercial District (Zoning Map No. 068050), as shown
in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the
Property, and Exhibit B, which is a map to accompany the metes and bounds, are
attached to and incorporated in this ordinance by reference as if fully set out herein in
their entireties.
SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes
made to the UDC by Section 1 of this ordinance.
SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1, 2011, and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect.
SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan,
is amended to designate the Property for commercial land uses.
SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning
of the Property and that are in conflict with this ordinance are hereby expressly
repealed.
SECTION 6. Publication shall be made in the City's official publication as required by
the City's Charter.
The foregoing ordinance was read for the first time and passed to its second reading on
this the day of , 20 , by the following vote:
Nelda Martinez 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
Michael Hunter Mark Scott
Chad Magill Carolyn Vaughn
Colleen McIntyre
PASSED AND APPROVED this the day of , 20
ATTEST:
Rebecca Huerta
City Secretary
Nelda Martinez
Mayor
Ordinance -IHS Consultants, LP Page 2 of 2
Voss Engineering, Inc.
6838 Greenwood Drive
Corpus Christi, Texas 78415-9760
Phone: (361)854-6202 Fax: (361)-853-4696
County of Nueces
State of Texas
All that certain tract or parcel of land situated in Nueces County, Texas, within the City Limits of Corpus
Christi, Texas and being part of the East 'h of the East'/ of Lot 3, Block 2, Nueces River Irrigation Park as
recorded in Volume A, Page 54 of the Map Records of Nueces County, Texas, and described by metes
and bounds, as follows, to wit:
Beginning at the southeast corner of the said East one-half of the East one-half of said Lot 3, Block 2,
same being the southeast corner of the herein described tract of land;
Thence, North 84 degrees 04 minutes 42 seconds West along the south boundary of said Lot 3, Block 2,
a distance of 281.70 feet to the southwest corner, same being the southwest corner of the East 1/2 of the
East % of said Lot 3, Block 2,
Thence, North 09 degrees 59 minutes 58 seconds East along the west boundary of the said East % of the
East'/ of Lot 3, Block 2 a distance of 1050.00 feet to the Northwest corner.
Thence, South 80 degrees 00 minutes 00 seconds East 281.00 feet to the Northeast corner, same lying in
the east boundary of the East'/ of the East 1/2 of said Lot 3, Block 2,
Thence, South 10 degrees 00 minutes 00 seconds West 1029.97 feet along the east boundary of said
East 1/2 of the East'/s of Lot 3, Block 2 to the place of beginning containing 6.709 acres of land.
RonaldA.Voss, R.P.L.S. No.2293
2Ana
Exhibit A
Wear 20 ACRES OF
LOT2
1'
BUYER:
DATE: 10/14/2015
i1, ntilir2
LOT id
624
14505 NORTHWEST BOULEVARD
r r:
SCALE: 1'
WO 14 Or BAST 1r2
OF LOTS
This property Iles within Zone C,
according to FIRM 85 which
Is NOT within the 100 year Flood Plain.
NOT VALID WITHOUT ORIGINAL
SIGNATURE AND ORIG NAL SEAL,
Regis7 Pro essianal Land Surveyor State of Texas No. 2293
1d)
NOTES:
(1.} Found SrI,I.R. gall lot comers un taa noted otherwise
{2,] Building alas are to the foundation.
I, Ronald A. Voss, a Registered Professions. Land Surveyor, do hereby
certify that this survey was made an the ground of the property shown
hereon under my direction and supervision: that It le my knowledge and
belief: that there are no apparent encroachments or overlapping of
improvements with the deed lines except es shown hareon. This Survey
Mt performed without the benefit of a Title Poky or Title Opinion.
REVISION:
CREW: RS 8 DL
OFFICE: RV & RG
GF#:
JO$#: 15-3856
KEY:
WOOD FENCE
[RECORDED] WIRE FENCE
(MEASURED)
VINYL FENCE
The East 1/2 Of The East 1/2 of Lot 3, Block 2, Nueces River irrigation Park
Vol. A, Page. 54 (M.R.N.C.T.)
Corpus Christi, Nueces County, Texas
VOSS ENGINEERING, INC,
ENGINEERING & LAND SURVEYING
8838 GREENWOOD DRIVE, CORPUS CHRISTI, TEXAS 78415
PHONE. 361.854.6202 FAX: 361.853.4696
Exhibit B
1
Aerial Overview
Aerial
SUBJECT
PROPERTY
FR'
PLANNING COMMISSION FINAL REPORT
Case No. 0216-01
HTE No. 16-10000002
Planning Commission Hearing Date: February 24, 2016
Applicant
& Legal
Description
Applicant/Owner: IHS Consultants, LP
Representatives: Ronald A. Voss
Legal Description/Location: Being 6.709 acres out of the East 1/2 of the East
1/2 of Lot 3, Block 2, Nueces River Irrigation Park, located near the southwest
corner of Northwest Boulevard (FM 624) and River Hill Dr.
Zoning
Request
From: "FR" Farm Rural District
To: "CG -2" General Commercial District
Area: 6.709 acres
Purpose of Request: To allow commercial uses.
Existing Zoning and
Land Uses
Existing Zoning
District
Existing Land Use
Future Land Use
Site
"FR" Farm Rural
Vacant
Commercial and
Medium Density
Residential
North
"CG -2" General
Commercial
Vacant
Commercial
South
OCL
Residential Estate
Low Density
Residential
East
"FR" Farm Rural
Public/Semi Public
Medium Density
Residential
West
"FR" Farm Rural
Vacant
Commercial and
Medium Density
Residential
ADP, Map &
Violations
Area Development Plan: The subject property is located within the
boundaries of the Northwest Area Development Plan and is planned for
medium density residential and commercial uses. The proposed rezoning to
the "CG -2" General Commercial District is largely consistent with the adopted
Future Land Use Map and the Northwest Area Development Plan.
Map No.: 068050
Zoning Violations: None
Transportation
Transportation and Circulation: The subject property is a part of a larger
parcel which has approximately 275 feet of street frontage along Northwest
Boulevard (FM 624), which is classified as an A-3 Primary Arterial Divided
street, and approximately 500 feet of street frontage along River Hill Drive,
which is classified as an "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
(2012)
Northwest
Boulevard
"A3" Primary
Arterial Divided
130' ROW
79' paved
155' ROW
76' paved
31,060 ADT
River Hill
Drive
"01" Minor
Residential
Collector
60' ROW
40' paved
60' ROW
40' paved
N/A
Staff Summary:
Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural
District to the "CG -2" General Commercial District.
Development Plan: The property proposed to be rezoned is within the Nueces River
Irrigation Park Subdivision. The land use statement provided by the applicant indicates
an intent to develop retail commercial uses such as a restaurant on the most northerly
portion of the property and office uses on the most southerly portion of the property.
Existing Land Uses & Zoning: The subject property is vacant land zoned "FR" Farm
Rural. North of the subject property is vacant land zoned "CG -2" General Commercial.
South of the subject property is outside city limits. East of the subject property is Grace
United Methodist Church in the "FR" Farm Rural District and west of the subject
property is vacant land zoned "FR" Farm Rural.
Transportation: The City's adopted Urban Transportation Plan includes a planned
roadway between the subject property and the adjacent property to the east. That
roadway now known as River Hill Drive, a "01" Minor Residential Collector, will
eventually connect to County Road 52. The construction of Phase 2 of County Road
52, approved in the Bond 2014 package, is in the design and acquisition phase with the
City being responsible for design and acquisition and the County being responsible for
the construction. The adjacent property to the east, which is developed as a church,
dedicated and constructed a segment of River Hill Drive. It is important to note that a
future dedication and/or improvements will be required from the subject property via
subsequent development applications. Such dedication and improvements will serve to
further the construction of River Hill Drive.
AICUZ: The subject property is not located in one of the Navy's Air Installation
Compatibility Use Zones (AICUZ).
Plat Status: The subject property is a portion of a platted lot.
Planning Commission Final Report
Page 3
Comprehensive Plan & Area Development Plan Consistency: The subject property
is located within the boundaries of the Northwest Area Development Plan (ADP). The
proposed rezoning to the "CG -2" General Commercial District is largely consistent with
the adopted Future Land Use Map's designation of the property as suitable for
commercial uses and medium density residential uses.
The following Comprehensive Plan policy is pertinent to this application.
- Infill development should be encouraged on vacant tracts within developed
areas. (Comprehensive Plan, Policy Statement H)
Department Comments:
• The requested "CG -2" General Commercial zoning designation is largely consistent
with the Future Land Use Map and the Northwest Area Development Plan.
• The Future Land Use Map splits the subject property and designates a portion
suitable for commercial uses and for medium density residential uses.
• A change from medium density residential uses to commercial uses will not alter the
overall intent of the Northwest Area Development Plan and the Future Land Use
Map as it pertains to the overall development of the subject property or other
property in the immediate vicinity.
• The requested "CG -2" designation generally conforms to the goals and land use
policies contained in the Comprehensive Plan and the Northwest Area Development
Plan
• Approval of the change in zoning may further policies of the Comprehensive Plan
that pertain to infill development.
• Subsequent development of the subject property may further the City's adopted
Urban Transportation Plan as it pertains to the construction of River Hill Drive, a
planned "C1" Minor Residential Collector.
• A "CG -2" District would allow uses that are suited for the property and compatible
with the adjacent, existing land uses.
• The zoning change will not have a negative impact upon the surrounding properties.
• Development standards and requirements in the Unified Development Code and
adopted construction standards will ensure that eventual development occurs in a
manner that will be compatible with future adjacent development.
o Specific development requirements including but not limited to drainage,
infrastructure requirements and so forth will be determined via subsequent
permit processes.
Planning Commission and Staff Recommendation:
Approval of the change of zoning from the "FR" Farm Rural District to the "CG -2"
General Commercial District.
Vote Results
For: Unanimous
Against: 0
Absent: 0
Planning Commission Final Report
Page 4
Public Notification
Number of Notices Mailed — 4 within 200 -foot notification area
2 outside notification area
As of March 8, 2016:
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. Application
3. Public Comments Received (if any)
K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0216-01 IHS Consultants LP\PC Documents\Report for PC_0216-01 IHS Consultants, LP.docx
CASE: 0216-01
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
Development Services Dept.
P.O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 826-3240
Located at 2406 Leopard Street
-/0000 a o Z
REZONING APPLICATION
Case No.: (a / 17 ` 01 Map No.: 068050
PC Hearing Date: 2-24-1
Proj.Mgr:
Hearing Location: City Hall, Council Chambers, 1201 Leopard Street
Hearing Time: 5:30 p.m.
• A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING.
` INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED.
Applicant: /1/7(5. Lr D,v. 47-i',IJr
Mailing Address: A D ,S)3s-ft
Contact Person : /52,245F -,a. -5:44,4 2.4,s;
City: CaRPul [' i1T/ State: 77" ZIP
e /%%S£ 4''T,LCG97d ..t1 /eve . l.0 rr,
E-mail:
0P Phone: (*( ) .f53-770
CeII: ( )
Property Owner(s): /�/(fi5 4U.'cc L7 1V?T / L .R Contact Person : /tM-L17/.4 . 5464 Z/ ft.
Mailing Address: fid 60 "351¢
City: [ ,v,qpys Ci.60v ,c-rg ,c-rState: 7X ZIP: e 6+e1" Phone: (.3(.2/ ) £,r3 —770 o
E-mail: ,1�@ ///-SC0vsrgetC77C A.) /roc_, c -
Subject Property Address: f 7 624
Cell: ( '� ) �"-
Area of Request (SFlacres): /Leo 7 ,•& '
Current Zoning & Use: �4.. Ce -7t Proposed Zoning & Use: . ['6 -z
12 -Digit Nueces County Tax ID 3-1_2 se. e2 e 1 Z- Q 0 g2r
Subdivision Name: /V[/Etc-5 /"C!✓e1. 4eJ2/4',4)-77 ✓/".4R,t Block: Lot(s):
Legal Description if not platted: Dad goo 90 2 3tp /f, Qty'46e-ego S /UuCzeVal, 7`4 I4'
Subm' tal Requirements:
Early Assistance Meeting: Date Heid ///5-7/.5<,with City Staff A477C.fil A 1i a' - ;, PT.¢G
Land Use Statement IZEC.Isclosure of Interest 0 opy of Warranty Deed
IF APPLICABLE-
❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) 0 Site Plan for PUD or Special Permit
0 Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization
0 Appointment 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
Applicant's SI. ature
OwnerAgent's gnature
,t)d4C.O 14 5-5
Owner o Agen ' - ranted Name
4.4141
..=S»T.q EL
Applicant's Printed Name
/i/ SAS q 4 IZ 1-1\-
Ir.
Office Use. Only: Date Received: 1-12-16 Received By: RKP
Rezoning`Fee: 1692.20. TARlD Fee 0
No: SlgsRequired 1 -'@ Sr/sign Sign Posting Date: ).,:, n
K:IDEVELOPMENTSVCSISHAREDLLAND DEVELOPMENTVIPPLICATION FORMSIREZON NG ZONING APPUCAT1ON 2015.DOC Form Revised 5/12/2015
16.4
Sign Fee
10.00
ADP:
NW
='Total Fee
1702.50
LAND USE STATEMENT
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.
L cz.N/A 6 -Ig 4.6Cg-.Z
7/Z GI 1--6 6- -P 64[/4./?/4)e. 66N/CNo44..,
4-f— 7719 f 7? /7-ic
1°;€6,0are D Zv vi /o o 9
1 , )
'e4'
/1--
ii e Tr
} r0'SXdfr,C'
e
rG�
2. Identify the existing land uses adjoining the area of request:
North - A/oR7' c i /941//a j/yrs(.Zse — /re -5? -40 A4-71,/
South - /4c. frW 7/4c- %400--r"
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West - // ��- r63 024ivr - / i6js!
C' IUSEASITANYAR.000 DESKTOPVDAILY USEIANNIKAILAND USE STATEMENT FOR ZONING.DOC
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: S Co /41 S + � J. 1 Ts-
STREET:d A 3s¢' CITY: efoRPQIS ` e►S i ? ZIP: 7.61
FIRM is:°Corporation erl5artnership °Sole Owner °Association °Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name
,ej/oA)E
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".
NameAke-
„^^
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
,,o Al
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
/1/nN�
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. DD
Certifying Person: S+•+•1 .t4 it, Sit Title: `R Oc" •""��''�~
(Print Name)
Signature of Certifying Person: ..�� l! f '7 Date: //2 '4 r -
K 40EVELOPMENTSVCSISHAREO4LAND DEVELOPMENTIAPPLICATION FORMS4REZONINGIDISCLOSURE OF INTERESTS STATEMENT 5 12 2015.DOC
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: , /i.C1 w1 -/O 9 %�SJ f) / //t/c ,21� �r. /ive-
STREET: dtpgiGgetwvezeoop,�2- CITY: 69f IleeSa'S T/ % ZIP:
FIRM is: Corporation Oi-artnership (jSale Owner °Association ®Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name
Job Title and City Department (if known)
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 �n
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
4/0
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 any information requested; and that supplemental statements will be promptly submitted to
the City of Corpus Christi, Texas as changes occur.
Certifying Person: / cb f/®
r 0� Title: ,es/Oce.u-
(Print Name) Date:
Signature of Certifying Person: ! 112-C-,0
/ 112-C-,0
AGENDA MEMORANDUM
Ordinance for the City Council Meeting of March 29, 2016
DATE:
TO: Mayor and Council
March 29, 2016
FROM: Rebecca Huerta, City Secretary
RebeccaH@cctexas.com
(361) 826-3105
Request by Petitioners to Repeal Ordinance No. 030788 Regarding
Transportation Network Companies
CAPTION:
Ordinance considering a request by petitioners, pursuant to Article I, Section 4 of the City Charter
to repeal Ordinance No. 030788 which amended Chapter 57 of the Code of Ordinances regarding
transportation network companies; repealing adopted ordinance; providing for publication; and
declaring an emergency.
BACKGROUND AND FINDINGS:
Under Article I, Section 4 of the City Charter, citizens have the right to ask the Council to
reconsider any adopted ordinance (or portions of an ordinance). The process for
reconsideration, or referendum, begins when five registered voters submit a statement of
intent to circulate a petition calling for a referendum. On March 15, 2016, the attached
statement of intent was filed by five registered voters, requesting that the Council
reconsider Ordinance No. 030788 regarding transportation network companies
(approved on March 8, 2016). The charter requires that the statement be filed no later
than the tenth day after the city council adopts the ordinance.
The City Council has until the adjournment of the next regular Council meeting following
receipt of the statement to reconsider the ordinance. If the Council does not take the
requested action within the required timeframe, then the city secretary provides petition
pages for circulation among the City's registered voters. A valid petition containing
signatures equal to at least five percent of the City's registered voters must be filed with
the City Secretary within 90 days. The charter requires that all signatures be made in ink.
If a valid petition is filed within 60 days, the effectiveness of the ordinance is suspended
and an election is called at the next available uniform election date under state law.
However, the next uniform election date is on May 7, and the statutory last day to call for
such election has passed (February 19).
If a valid petition is filed after 60 days, but within the 90 day deadline, the ordinance can
remain in effect and an election is called at the next regular City Council election, which
is November 8, 2016. The city council can repeal the subject ordinance at any time during
this period.
ALTERNATIVES:
1) Vote in favor of the ordinance, which would repeal Ordinance No. 030788 regarding
transportation network companies.
2) Vote against the ordinance, which would keep the ordinance in place.
3) Take no action.
Options 2 and 3 would initiate referendum proceedings.
CONFORMITY TO CITY POLICY:
City Charter.
EMERGENCY / NON -EMERGENCY:
Staff is requesting an emergency reading due to charter provision requiring action at the next
regular council meeting.
DEPARTMENTAL CLEARANCES:
Legal
FINANCIAL IMPACT:
Operating ❑ Revenue
Capital
RI 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
Comments: None
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Statement of Intent
Ordinance considering a request by petitioners, pursuant to Article I, Section 4 of
the City Charter to repeal Ordinance No. 030788 which amended Chapter 57 of the
Code of Ordinances regarding transportation network companies; repealing
adopted ordinance; providing for publication; and declaring an emergency.
Whereas, on March 8, 2016, the City Council passed Ordinance No. 030788 regarding
transportation network companies ("TNC");
Whereas, on March 15, 2016, the attached statement of intent to circulate a petition
calling for a referendum on the TNC ordinance (Ordinance No. 030788) was filed with the
City Secretary's office;
Whereas, Article I, Section 4(c) of the City Charter states that any five registered voters
may commence referendum proceedings by filing this statement of intent with the City
Secretary;
Whereas, the City Secretary's office has verified that the signers in the attached
statement of intent are registered voters;
Whereas, the person designated in the statement to receive communications from the
City Attorney and the City Secretary is also a registered voter as required by Article I,
Section 4 (c)(3) of the City Charter;
Whereas, the City Charter states at Article I, Section 4(d) that "In the case of referendum,
the statement commencing the referendum proceedings must be filed no later than the
tenth day after the city council adopts the ordinance and the city council shall have until
the adjournment of the next regular city council meeting following receipt of the statement
to reconsider such ordinance" and the attached statement meets the required deadlines;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That Ordinance No. 030788 regarding transportation network companies
is hereby repealed.
SECTION 2. 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 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and 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 , 2016.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta, City Secretary Nelda Martinez, Mayor
Corpus Christi, Texas
Day of
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
Council Members
The above ordinance was passed by the following vote:
Nelda Martinez
Rudy Garza
Michael Hunter
Chad Magill
Colleen McIntyre
Brian Rosas
Lucy Rubio
Mark Scott
Carolyn Vaughn
Statement of Intent to Circulate Petitions Calling for Referendum
March 15, 2016
Rebecca Huerta
City Secretary
CIty of Corpus Christi
1201 Leopard St.
Corpus Christi, Texas 78401
E EIVED
MAR 15 2016
CITY SECRETARrs OFFICE
Re: Reconsideration of Chapter 57 of the Corpus Christi Code of Ordinances establishing
Article VI — Transportation Network Companies
Dear Ms. Huerta:
The undersigned citizens intend to commence referendum proceedings by circulating a
petition calling for a referendum on the anti-Uber Ordinance adopted at the City Council meeting
on March 8, 2016.
1) The names and addresses of the five (5) registered voters commencing the
proceedings:
a. Jason Bradley
640 Atlantic
Corpus Christi, Texas 78404
b. Steve DeAses
6314 Penny Ln
Corpus Christi, Texas 78414
c. Rick Gomez
5022 Bonner
Corpus Christi, Texas 78411
d. William Thompson
8326 Salsa Dr.
Corpus Christi, Texas 784I4
e. Richard Herring
5241 Snowgoose Dr
Corpus Christi, Texas 78413
2) The full text of the ordinance to be reconsidered by referendum is attached hereto as
"Exhibit A" and incorporated herein by reference.
3) The name and address of the registered voter who is to receive all communications
from the city secretary and city attorney:
Michael A. McCauley
453 Williamson PI
Corpus Christi, Texas 78411
Please address all correspondence to me at the following address:
Michael A. McCauley
615 N. Upper Broadway, Ste 800
Corpus Christi, Texas 78401
(361) 884-1961
mmccauley@ohhlaw.net
PIease call me if you have any questions or comments.
Thank you for your consideration.
Sincerely,
rvk
Michael A. McCauley
Ordinance
Amending Chapter 57 of the Corpus Christi Code of Ordinances to establish
Article VI. - Transportation Network Companies; and providing for severance,
publication, penalty, and an effective date
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS THAT:
SECTION 1. Chapter 57 of the Corpus Christi Code of Ordinances is amended by
adding Article VI — TRANSPORTATION NETWORK COMPANIES, as follows:
ARTICLE VI. - TRANSPORTATION NETWORK COMPANIES
Sec. 57--281. - Scope.
The provisions of this chapter shall not apply to transportation which qualifies as
ridesharing.
Sec. 57-282. - Definitions.
Compensation means any money, thing of value, payment, consideration, reward,
tip, donation, gratuity, or profit paid to, accepted, or received by the driver or owner of
any vehicle providing transportation for a person; whether paid upon solicitation,
demand or contract, or voluntarily, or intended as a gratuity or donation.
Reimbursement for the following is not compensation:
(1) Tolls;
(2) Vehicle operating costs in an amount that is equal to or less than the most
current privately -owned vehicle mileage reimbursement rates established by
the U.S. General Services Administration; and
(3) Parking costs at the shared destination.
Operation of a transportation network vehicle or operating a transportation network
vehicle means offering, making available, or using a transportation network vehicle to
provide a transportation network service, including any time when a driver is logged
onto the transportation network company's intemet-enabled application or digital
platform showing that the driver is available to pick up passengers; when a passenger is
in the vehicle; when the company's dispatch records show that the vehicle is
dispatched; or when the driver has accepted a dispatch and is enroute to provide
transportation network service to a passenger.
Permit means a transportation network company permit.
Ridesharing, when describing conduct, means the travelling of two or more persons
by any mode of private passenger vehicle, including, but not limited to, carpooling,
vanpooling, buspooling, to any location incidental to another purpose of the driver, for
which compensation is not accepted, collected, encouraged, promoted, or requested.
Page 1
Transportation network permittee or permittee means the holder of, or a person that
is required to hold, a current valid transportation network company permit issued
pursuant to this chapter.
Transportation network driver means an individual affiliated with a transportation
network company transporting passengers for compensation using a transportation
network vehicle.
Transportation network company or TNC means a person that offers or provides a
transportation network service.
Transportation network service or service means a prearranged transportation
service offered or provided for compensation using an internet-enabled application or
digital platform to send or transmit an electronic, radio or telephonic communication
through the use of a portable or handheld device, monitor, smartphone, or other
electronic device or unit that indicates the location of the passenger which information is
then relayed by electronic, radio, or data communication of any type to a transportation
network driver operating a transportation network vehicle.
Transportation network vehicle means any private passenger motor vehicle used to
provide transportation network services. Specifically excluded from this definition are:
(1) Vehicles used in connection with any phase of a funeral or funeral service;
(2) Taxicabs, pedicabs, sightseeing and charter vehicles, limousines, and shuttles,
permitted and licensed by the city; and
(3) Vehicles operating under a contract with the city.
Vehicle for hire driver's permit means a current and valid vehicle for hire driver's
permit issued pursuant to division 5 of article II of this chapter.
Sec. 57-283. - Transportation network company permit required.
(a) No person shall operate a transportation network company in the city without a
permit issued pursuant to this article.
(b) It shall be unlawful for any TNC permitted, licensed, or authorized by another
jurisdiction to initiate transportation network service within the corporate boundaries
of the city without a permit issued pursuant to this article; provided however, a
transportation network vehicle operated by a driver affiliated with a TNC permitted,
licensed, or authorized by or in another jurisdiction may come into the city to
discharge a passenger whose trip originated outside of the city.
Sec. 57-284. - Transportation network company permit fee.
(a) The fee imposed for a permit issued pursuant to this article shall be in an amount
equal to 2% of the annual gross receipts for the operation of each transportation
network vehicle operated by each permittee.
Page 2
(b) The fee provided in subsection (a) of this section shall be paid to the city on a
quarterly basis on or before the 10m day following the close of the calendar month
for which the quarterly payment is calculated.
(c) The initial payment shall cover the period beginning from the date the permit was
issued to the permittee. Upon the submission of each quarterly payment, the
permittee shall file with the taxicab inspector a financial report itemizing the
components of the permittee's gross receipts for the payment period. All permittees
shall utilize any forms promulgated by the taxicab inspector for the submission of
the required financial reports and shall submit the financial reports in accordance
with any instructions, rules, or regulations promulgated by the taxicab inspector.
(d) Upon 10 days' notice to the permittee, the taxicab inspector shall have the right to
inspect the permittee's records the taxicab inspector deems necessary and
appropriate to determine that the permittee is in compliance with the requirements
of this section.
(e) The fees established in this section shall be payable in addition to any other
applicable fees imposed by this Code or other ordinances of the city.
Sec. 57-285. - Transportation network permit term.
(a) Permits shall be issued for a term of 1 year. Permittees desiring to have reissuance
of their permit shall, at least 30 days prior to the expiration of the permit, file with the
taxicab inspector a written application for a renewal of their permit. Except as
otherwise expressly stated, renewals shall be subject to the same requirements set
forth in this article for issuance of new permits.
(b) A permit is specific to the permittee to whom it is issued and may not be transferred
or otherwise assigned. Any change of ownership, partnership interests, corporate
officer or director as shown on the permit application shall render a permit void,
unless an application for an amendment is filed within ten days following the
effective date of the change. The taxicab inspector shall promulgate procedures for
the processing of amendments and may suspend the permit pending the completion
of the processing if any additional person who has acquired an interest in the
business is determined to have been convicted of an offense listed in section 57-29
(1)(d) of this Code.
(c) Each permit is nonexclusive, and no limits or restrictions shall exist upon the
number of transportation network vehicles that may be operated provided that each
must be operated pursuant to a permit and in accordance with all applicable
requirements of this article.
Sec. 57-286. - Transportation network company permit—Application.
(a) An application for a permit shall be submitted on forms to be furnished by the
taxicab inspector, and the applicant shall furnish the following information with each
Page 3
application, which shall be sworn to before a notary public or conform to minimum
state law requirements for unsworn declarations:
(1) The name and form of business under which the service will be operated (If a
partnership or corporation, a copy of the partnership agreement or articles of
incorporation must be attached.);
(2) The name, phone number, mailing address, and street address (if different from
the mailing address) of the applicant's agent for service of legal process (which
information the applicant shall keep current);
(3) A schedule showing the model, manufacturer model year date, type, make,
vehicle identification number, license plate number, and mileage of each motor
vehicle, and a statement as to the legal ownership of each vehicle proposed to
be placed into operation as a transportation network vehicle;
(4) Proof of current coverage of insurance as required in section 57-288 of this
Code;
(5) A general description of the means and methodology used to charge
passengers for vehicle for hire transportation services rendered;
(6) The proposed schedule of fares, rates, or other compensation to be charged by
the applicant; and
(7) Any additional information as requested by the taxicab inspector.
(b) If the applicant is a partnership or association, the partners or associates, or if the
applicant is a corporation, each person who is either an officer or director shall be
required to join in filing the application and all of the herein set forth provisions and
requirements applicable to individual applicants shall apply to and be required of
each such partner, associate, officer or director. Failure of any of the persons
heretofore mentioned to meet such requirements shall be grounds to deny the
application of the partnership, association or corporation.
Sec. 57-287. - Transportation network company permit—Qualifications for permit.
(a) The taxicab inspector shall initially review each application for the issuance or
amendment of a permit to determine whether the application is complete. If not, he
shall return the application to the applicant with a statement of deficiencies.
(b) The taxicab inspector shall review complete applications to determine whether the
applicant has met all applicable requirements of this chapter and Code. In
determining whether an applicant is qualified for a permit, or the renewal thereof,
the taxicab inspector shall take into consideration whether:
(1) The application was filed with no material inaccuracies or omissions, provided
that if the application as originally filed was substantially complete and in proper
form, the taxicab inspector shall allow an applicant a reasonable opportunity to
correct any minor inaccuracies or omissions if that can be accomplished without
delaying the processing of applications;
Page 4
(2) The applicant and its principals are in compliance with the criminal history
provisions of section 57-29 (1) (d) of this Code;
(3) The applicant is in compliance with all applicable city, State of Texas, and
federal laws; and
(4) The applicant is in compliance with any other applicable requirement of this
Code and other laws.
(c) The taxicab inspector shall issue the permit if all applicable requirements of this
chapter and Code have been met. If the taxicab inspector approves the permit,
issuance shall be subject to compliance with this article, including, but not limited to,
payment of any required fees, inspection of vehicles to be utilized, and submission
of proof of insurance. A permit does not entitle the permittee to act as the driver of
covered vehicles. A separate vehicle for hire driver's permit is required for that
purpose as provided in section 57-290 of this Code.
(d) Applicants who are determined to be unqualified shall be notified of the grounds
asserted for that determination and may make a written demand upon the taxicab
inspector for a hearing within ten days of receipt of notice that it is unqualified to
receive a permit. The taxicab inspector shall conduct a hearing within 15 business
days of receipt of a timely written demand for a hearing. If at such a hearing the
applicant establishes through competent evidence that the determination that the
applicant was unqualified to receive a permit was based upon incorrect findings, the
taxicab inspector shall issue the permit. If at such a hearing the determination was
found to have been based upon correct findings, the determination shall become
final.
Sec. 57-288. - Transportation network company permit—Insurance required.
(a) Every permittee and transportation network driver shall comply with all applicable
insurance requirements mandated by federal, State of Texas, and city laws,
including those articulated in Chapter 1954 of the Texas Insurance Code.
Sec. 57-289. - Service charges and fare rates.
All permittees shall display their fare rate and provide a fare rate estimator on the
website, internet-enabled application, or digital platform used by the permittee to
connect drivers and passengers.
Sec. 57-290. - Transportation network drivers—vehicle for hire driver's permit
required.
It shall be unlawful for any person to operate a transportation network vehicle
without a vehicle for hire driver's permit issued pursuant to division 5 of article II of this
chapter.
Page 5
Sec. 57-291. - Transportation network driver hours of operation; duty to transport
within the corporate limits.
(a) A transportation network driver shall not drive for more than 12 hours in any
consecutive 24-hour period and a permittee shall not permit or cause a
transportation network driver to drive a transportation network vehicle more than 12
hours in any consecutive 24-hour period.
(b) A transportation network driver shall not refuse to transport a person to a requested
destination located within the corporate limits of the city.
Sec. 57-292. - Transportation network vehicles—Vehicle ownership and
standards.
(a) No person shall operate or cause to be operated any transportation network vehicle
in the city unless and until the vehicle meets all the terms and conditions of this
article.
(b) No permittee shall own or lease or provide financing for the ownership or leasing of
any transportation network vehicle.
(c) In addition to all other applicable legal requirements, it shall be unlawful for any
person to operate or cause to be operated any transportation network vehicle
unless the vehicle:
(1) Has at least 2 doors and meets applicable Federal Motor Vehicle Safety
Standards for vehicles of its size, type, and proposed use; and
(2) Is a coupe, sedan, or light-duty vehicle, including a van, minivan, sport utility
vehicle, pickup truck, hatchback or convertible.
(d) No vehicle permitted or subject to a certificate of registration and operated as
vehicle for hire pursuant to articles II through V of this chapter shall be operated as
a transportation network vehicle.
(e) The permittee and the permittee's driver shall be jointly and severally liable if the
permittee causes or permits the transportation network driver to use a vehicle that
does not meet the requirements for a transportation network vehicle.
Sec. 57-293. - Transportation network vehicles—Age and mechanical condition.
(a) In addition to the provisions of section 57-294 of this Code, no transportation
network driver or permittee shall drive or cause to be driven upon the streets of the
city any transportation network vehicle that is more than 7 years old. For purposes
of this requirement, a transportation network vehicle will be considered to be 7
years old on July 31st of the 7th year following the manufacturer's model year of the
Page 6
vehicle, regardless of the purchase date or the date it was originally placed into
service.
(b) A transportation network driver or permittee may drive or cause to be driven, a
transportation network vehicle for an additional 3 year period beyond the age
limitations described in subsection (a), if the transportation network driver or
permittee submits the vehicle for inspection each year at a location authorized and
identified by the director prior to the expiration of the permit issued authorizing the
operation of the transportation network vehicle.
Sec. 57-294. - Transportation network vehicles --Inspections.
(a)
Prior to using any transportation network vehicle, and annually thereafter, a
permittee or transportation network driver shall have the vehicle inspected at a
facility designated by the taxicab inspector, and maintain complete documentation
of such inspections in the vehicle at all times, and a written copy of such
documentation shall be provided to the taxicab inspector upon request. The
inspection shall be made to determine that the transportation network vehicle is in a
reasonably good state of repair, clean, and equipped and being operated in
compliance with all requirements of this article. Inspections shall include, but not be
limited to, the following items:
(1) Foot brakes;
(2) Parking brakes;
(3) Steering mechanism;
(4) Windshield;
(5) Rear window and other glass;
(6) Windshield wipers;
(7) Headlights;
(8) Tail lights;
(9) Turn indicator lights;
(10)Stop lights;
(11)Front seat adjustment mechanism;
(12)Doors (open, close, lock);
(1 3)Horn;
(1 4)Speedometer;
(1 5)Bumpers;
(16)Muffler and exhaust system;
(17)Condition of tires, including tread depth;
Page 7
(18)Interior and exterior rear view mirrors;
(19)Safety belts for driver and passenger(s); and
(20)Heating, ventilation and air-conditioning systems.
(b) Upon passing the inspection prescribed in subsection (a) of this section, the taxicab
inspector shall issue one certification decal for the transportation network vehicle.
The certification decal shall be attached and displayed at the place on the
transportation network vehicle designated by the taxicab inspector. The permittee
and the transportation network driver shall be jointly and severally liable for any
violation of this section.
Sec. 57-295. - Transportation network vehicles—Distinctive signage or emblem.
(a) In addition to the certification decal issued pursuant to section 57-294(b) of this
Code, a transportation network vehicle shall display, as provided by rule, consistent
and distinctive signage at ail times while being operated as a transportation network
vehicle. The distinctive signage shall be sufficiently large and color contrasted (i) as
to be readable at a distance of at least 50 feet, and (ii) to identify a particular vehicle
associated with a particular permittee. Acceptable forms of distinctive signage
include, but are not limited to, symbols or signs on vehicle doors, roofs, or grilles.
Magnetic or other removable distinctive signage is acceptable. Permittees shall file
an illustration of their distinctive signage with the taxicab inspector for approval.
(b) A transportation network vehicle shall display a consistent and distinctive emblem at
all times while being used to provide vehicle for hire transportation services. The
taxicab inspector is authorized to specify, by rule, the manner of display, method of
issuance, design and contents of such emblem.
Sec. 57-296. - Transportation network drivers—Additional operating
requirements.
(a) In addition to all other applicable requirements provided by law, it shall be unlawful
for any person:
(1) To operate a transportation network vehicle within the city while not in
possession of a valid Driver License; or
(2) To operate, or cause to be operated, a transportation network vehicle that does
not meet all the applicable requirements of this chapter.
(b) No transportation network driver shall pick up or discharge a passenger on any
portion of Corpus Christi International Airport (CCIA) without proper authorization
pursuant to chapter 9 of this Code. A transportation network driver carrying a
passenger or passengers from CCIA shall pay to the city the airport use fee
established from time to time by chapter 9 of this Code. Additionally, no
transportation network driver shall pick up or discharge any passenger in any
designated taxicab stands or loading zones.
Page 8
(c) It shall be unlawful for any permittee or transportation network driver to solicit
potential passengers for vehicle for hire services at, in or near any passenger depot,
hotel, airport, ship or ferry landing, bus stop or station, or upon any sidewalk or
street or any other place in the city, or use any words or gestures that could be
construed as soliciting a passenger for vehicle for hire transportation services.
(d) It shall be unlawful for a transportation network driver to accept or respond to
passengers' or potential passengers' requests for service via traditional street hail,
including hand gestures and verbal statements. It shall be unlawful for a
transportation network driver to provide his or her direct phone number or email
address to passengers or potential passengers to enable requests for service. A
TNC shall immediately notify the taxi inspector and provide any evidence in its
possession if it obtains actual knowledge of any violation of this subsection.
(e) It shall be the duty of each transportation network driver to pull his transportation
network vehicle to the curb when loading or unloading passengers.
(f) The permittee's intemet enabled application or digital platform accessed by
potential passengers shall display for the potential passenger: (1) a picture of the
transportation network driver and (2) a picture of the transportation network vehicle
the driver is approved to use, including the license plate number of the driver's
transportation network vehicle. In addition, any permittee shall make any
information displayed in the permittee's Internet-enabled application or digital
platform also available on such permittee's website.
The permittee shall make available on the mobile application and the receipt
provided to the passenger, the contact information for the permittee's customer
service liaison, including, but not limited to, the liaison's name, phone number, and
e-mail address.
(h) Any permittee shall clearly disclose, on the permittee's on-line enabled application
or digital platform and website, that the permittee is a TNC. Additionally, the
disclosure shall state that each permittee is required to maintain insurance policies
as specified in section 57-288 of this Code.
Any transportation network driver shall provide to any authorized law enforcement
officer proof of the insurance policies required by this article in case of an accident
involving a transportation network vehicle while operating a transportation network
vehicle.
(j) Any permittee shall provide passengers an opportunity to indicate whether they
require a wheelchair-accessible vehicle. If a permittee cannot provide a wheelchair-
accessible transportation network vehicle, it shall provide the prospective passenger
with for hire transportation services in a manner consistent with section 57-137 of
this Code.
(k) Any permittee shall have an affirmative duty to respond to requests for service and
shall be responsible for the actions of any of its employees, transportation network
drivers, or other person that reports to, or acts as an agent of, the permittee, for any
failure to respond to a request for service.
(g)
(i)
Page 9
(I)
All transportation network drivers operating a transportation network vehicle shall at
all times: (1) carry proof of the insurance policies required in section 57-288 of this
Code covering the vehicle; (2) carry an electronic or paper copy of the agreement or
terms of service between the driver and the TNC; and (3) display the certification
decal and distinctive signage or emblem required by this article. A transportation
network driver shall log onto the transportation network company's internet-enabled
application or digital platform showing that the driver is available to pick up
passengers immediately upon entering his or her transportation network vehicle
with the intent to provide service.
(m) Upon request a transportation network driver shall display to the taxicab inspector,
or other person authorized to enforce this chapter, a physical or electronic record of
a ride in progress sufficient to establish that it was a prearranged transportation
service. To the extent that trip records are contained on an electronic device, a
transportation network driver is not required to relinquish custody of the device in
order to make the required display but must demonstrate to the taxicab inspector or
other person authorized to enforce this chapter that the transportation network
driver has in his possession proof of that the ride in progress is the result of a
prearranged transportation service.
(n) Any terms or conditions in the agreement between the permittee and transportation
network driver, or between the permittee and any passenger, that would act as a
waiver of the permittee's liability to the passenger or to the public, are declared to
be contrary to public policy, null, void and unenforceable.
SECTION 2. If for any reason any section paragraph subdivision clause phrase word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction it shall not affect any other section paragraph subdivision
clause phrase word or provision of this ordinance for it is the definite intent of this City
Council that every section paragraph subdivision clause phrase word or provision
hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances.
SECTION 5. This ordinance takes effect after official publication
Page 10
AGENDA MEMORANDUM
Action Item for the City Council meeting of March 29, 2016
DATE: February 17, 2016
TO: Ronald L. Olson, City Manager
FROM: Tom Tagliabue, Director,
Intergovernmental Relations
tomtag@cctexas.com
361.826.3850
RESOLUTION HONORING THE COASTAL BEND
COUNCIL OF GOVERNMENTS ON ITS 50th ANNIVERARY
CAPTION:
Resolution Honoring the Coastal Bend Council of Governments on its 50th Anniversary
PURPOSE:
The CBCOG will celebrate its 50th anniversary on Friday, April 1, 2016, with a reception at
the Corpus Christi Police Officers Association Hall, 3122 Leopard Street, from 3:00 p.m. to
5:00 p.m. City and County governments in Aransas, Bee, Brooks, Duval, Jim Wells, Live
Oak, Kleberg, Kenedy, Nueces, Refugio, and San Patricio are being encouraged to adopt a
resolution honoring the CBCOG on this milestone. The City Council and staff are invited to
attend the reception.
BACKGROUND AND FINDINGS:
The Coastal Bend Council was formed in March 1966 to provide a cost-effective way to
plan, coordinate and implement regional projects and provide technical assistance within
an 11 -county region in South Texas. The City of Corpus Christi is one of 32 cities in the
CBCOG. Mayor Nelda Martinez and IGR Director Tom Tagliabue currently serve on the
CBCOG Board of Directors.
ALTERNATIVES:
None
OTHER CONSIDERATIONS:
None
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: 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:
RECOMMENDATION:
Staff recommends approval of the resolution.
LIST OF SUPPORTING DOCUMENTS:
Resolution
RESOLUTION HONORING THE COASTAL BEND COUNCIL OF GOVERNMENTS
ON ITS 50th ANNIVERARY
WHEREAS, The Coastal Bend Council of Governments is a volunteer association of local
governments, including 32 cities and 11 counties, and other public and private entities; and
WHEREAS, the Coastal Bend Council of Governments is one of 24 regional COGs serving the
State of Texas which were authorized by the Texas Regional Planning Act of 1965; and
WHEREAS, the Coastal Bend Council of Governments was formed in March 1966 to provide a
cost-effective way to plan, coordinate and implement regional projects and provide technical
assistance within the region; and
WHEREAS, the Coastal Bend Council of Governments is a designated Area Agency on Aging,
an Economic Development District, a designated water quality management agency and provides
regional solid waste management planning, coordination, and implementation of projects; and
WHEREAS, the Coastal Bend Council of Governments also delivers Criminal Justice services,
Emergency Communications (9-1-1) planning and implementation, and Depaitrnent of
Homeland Security services; and
WHEREAS, numerous advisory committees are integral to the program work performed by the
Coastal Bend Council of Governments; and
WHEREAS, the Coastal Bend Council of Governments is staffed by approximately 25 dedicated
individuals, many of whom have devoted decades to the mission and goals of the Council of
Governments, including four employees who have a combined 175 years of experience - John
Buckner (45 years), Frank Garcia (43 years), Richard Bullock (43 years), and Betty Lamb (43
years).
NOW, THEREFORE, BE IT RESOLVED, that the City of Corpus Christi hereby honor the
Coastal Bend Council of Governments on its 50th anniversary and express its sincere
appreciation to Coastal Bend Council of Governments and its dedicated employees for their
years of public service and extend best wishes for continued success in their important work; and
BE IT FURTHER RESOLVED that an official copy of this resolution be prepared for the
Coastal Bend Council of Governments as an expression of high regard by the City of Corpus
Christi.
Adopted this the 29th day of March, 2016.
Page 1 of 2
ATTEST: THE CITY OF CORPUS CHRISTI
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Corpus Christi, Texas Corpus Christi, TX
The above resolution was passed by the following vote:
Nelda Martinez
Rudy Garza
Michael Hunter
Chad Magill
Colleen McIntyre
Brian Rosas
Lucy Rubio
Mark Scott
Carolyn Vaughan
Page 2 of 2
AGENDA MEMORANDUM
Future Item for the City Council Meeting of March 8, 2016
Action Item for the City Council Meeting of March 29, 2016
DATE:
TO:
March 24, 2016
Ronald L. Olson, City Manager
THRU: Mark Van Vleck, P.E., Assistant City Manager
MarkVV@cctexas.com
(361) 826-3082
FROM: Valerie H. Gray, P.E., Executive Director Public Works
ValerieG@cctexas.com
(361) 826-3729
Jeff Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Stacie Talbert-Anaya, Interim Director Parks & Recreation
StacieT@cctexas.com
(361) 826-3476
Execute Design — Build Agreement
Bayshore Park
CAPTION:
Motion authorizing the City Manager, or designee, to execute a Design — Build Agreement with Fulton
Coastcon General Contractors of Corpus Christi, Texas in the amount of $5,080,000 for the Bayshore Park
project as part of the Bond 2008 Proposition 7 Bayfront Development Plan Phase 3 project.
PURPOSE:
The purpose of this Agenda Item is to obtain authority to execute the Design — Build Agreement with Fulton
Coastcon General Contractors of Corpus Christi, Texas in the amount of $5,080,000 for the Bayshore Park
project.
BACKGROUND AND FINDINGS:
This project provides for design and construction of the Bayshore Park. The project limits span from Furman
Avenue to Coopers Alley and will encompass McCaughan Park, Old Coliseum Site, and Sherrill Park. The
current project scope includes the design considerations captured to date from the stakeholders, staff and City
Council input. Additional stakeholder outreach will occur in this next phase for the preliminary design (30%)
and will be presented back to City Council in the May 2016 timeframe.
Bayshore Park is the concept name for park improvements authorized in Bond 2008, Proposition 7, Bayfront
Development Plan Phase 3. After re -alignment of Shoreline Drive, approximately $5.3 million is remaining to
support park development between Furman Ave. and Cooper's Alley L -head, which encompasses McCaughan
Park, McGee Beach, the Memorial Coliseum Site, and Sherrill Park, and the closed roadway of the old
Shoreline Drive. (See Location Map)
The project scope includes the design, permitting, construction, testing and commissioning of Bayshore Park.
The project will include certain capital improvements necessary to establish the basic required infrastructure to
allow for the phased build out of Bayshore Park. Input gained from city staff and various community
stakeholders helped to develop a priority listing of the capital improvements to be considered. The City and
selected design -build team will work in collaboration during the project design period to identify and design the
optimum and maximum number of capital improvements that can be achieved within the specified budget.
The Bayshore Park project was presented and approved by Council on March 31, 2015 as a design -build
project with a $5.3 million budget. Council provided Staff with specific guidance to work with key stakeholders
to prioritize certain elements of work within the remaining budget.
Stakeholders participated in the two phased Request for Qualifications (RFQ) selection process as members of
the selection committee. Based on stakeholder priorities and Council direction, negotiations were concluded
with Fulton-Coastcon design -build team for $5.08 million, which is the contract under consideration. The
current scope includes all design considerations captured to date from Stakeholder, Staff, and Council
input. In order to insure this input is captured in the final project build -out, a Stakeholder meeting will be held in
the March or April 2016 timeframe to guide the 30% design process. The results of that meeting will be
incorporated into a 30% design which will be presented to Council in May 2016 prior to authorizing final design
and construction to commence.
RFQ Selection Process:
The RFQ was posted on the City's Supplier Portal and on CivCast on June 30, 2015. The following three (3)
respondents submitted to the request with qualifications.
Fulton Coastcon General Contractors
KJM Commercial Construction
Teal Construction Company
The respondent's qualifications were evaluated by a Review Committee comprised of the following:
Stacie Talbert Anaya, Assistant Director, City Parks and Recreation
Brian Bresler, Project Manager, City Engineering Services
Paulette Kluge, CEO, Corpus Christi Convention & Visitors Bureau
Casey Lain, Chairman, Corpus Christi Downtown Management District
Trey McCampbell, Chief Administrative Officer, American Bank
Amy McCoy, Events Manager, Buccaneer Commission
Ricardo Pedraza, Chair, Parks and Recreation Advisory Committee
Based on the evaluation of the respondent's Statement of Qualifications, the Review Committee qualified the
following two highest-rated respondents for further assessment:
Fulton Coastcon General Contractors
KJM Commercial Construction
The City requested and evaluated a Proposal from the two short-listed respondents. Interviews of the two
short-listed respondents were held on Friday, October 30, 2015.
Major factors contributing to the recommendation of the committee were in accordance with the evaluation
criteria specified in the RFQ and as follows:
1. Qualifications,
2. Experience,
3. Municipal Experience,
4. Historically Underutilized Business Participation,
5. Project Approach/Management Plan,
6. Proposal,
7. Presentation, and
8. Interview
Based on scores and the Committee recommendation, the City of Corpus Christi entered into negotiations with
Fulton Coastcon General Contractors in November to complete the work associated with the Bayshore Park
project. In addition to conducting a stakeholder design meeting and presentation to City Council, Fulton
Coastcon will prepare construction documents and project specifications; and have full responsibility for the
construction, testing and commissioning of the proposed Bayshore Park. Fulton Coastcon will be responsible
for all necessary governmental permits, complying with all applicable State, Federal, and environmental laws,
and all applicable industry standards, including acceptance by the Texas Department of Licensing and
Regulation (TDLR). They will also be responsible for any pre -design surveying and geotechnical testing and
all topographic data/systems/sub-systems/utilities and other appurtenances required for the successful design
and completion of the work.
ALTERNATIVES:
1. Authorize execution of the Design — Build contract.
2. Do not authorize execution of the Design - Build contract. (Not Recommended)
OTHER CONSIDERATIONS:
As allowed by the Government Code Chapter 2269 Contracting and Delivery Procedures for Construction
Projects and more specifically Subchapter G, Building Using Design -Build Method, in considering a
construction contract using a method other than competitive bidding, the City "must, before advertising,
determine which method provides the best value".
CONFORMITY TO CITY POLICY:
This contract conforms to City Fiscal Policy, the City's Charter and the FY 2015-2016 Capital Improvement
Planning (CIP) Budget.
EMERGENCY / NON -EMERGENCY:
Non -Emergency
DEPARTMENTAL CLEARANCES:
Parks and Recreation Department
FINANCIAL IMPACT:
❑ Operating
❑ Revenue
X Capital
❑ Not applicable
Fiscal Year: 2015-2016
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$5,300,000
$5,300,000
Encumbered / Expended
Amount
97,891
97,891
This item
5,080,000
5,080,000
Future Anticipated
expenditures for this
project
116,225
BALANCE
$5,884
$5,884
Fund(s): Bayfront Development Fund
COMMENTS:
Future utility funds could be included in this project as the design continues.
RECOMMENDATION:
City Staff recommends the approval of the Design -Build contract with Fulton Coastcon, of Corpus Christi,
Texas in the amount of $5,080,000 for the Bayshore Park project.
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
Presentation
Form 1295
PROJECT BUDGET
Bayshore Park Project
March 8, 2016
FUNDS AVAILABLE:
Bayfront Development Plan, Phase 3 (Bond 2008) $ 5,300,000.00
Total $ 5,300,000.00
FUNDS REQUIRED:
Design Build Services for Bayshore Park (Fulton Coastcon) THIS ITEM $ 5,080,000.00
Staff Augmentation
Freese Nichols 49,354.00
R.H. Shackleford 48,537.00
Reimbursements:
Contract Administration (Eng. Admin/Finance/Capital Budget) (0.5%) 39,975.00
Engineering Services (Project Mgt and Construction Inspection) (1.25%) 66,250.00
Misc 10,000.00
Total $ 5,294,116.00
Estimated Project Budget Balance $ 5,884.00
Design Build Services for
Bayshore Park
Project Number: E15152
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
s.i-..iii
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-15437
Date Filed:
02/18/2016
Date Acknowledged:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Fulton Construction Corp. / Coastcon Corp. - A Joint Venture
Corpus Christi, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Corpus Christi
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
E15152
Design Build Services for Bayshore Park
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
Lippincott, Michael
Corpus Christi, TX United States
X
Barnette, James
Corpus Christi, TX United States
X
Skrobarczyk, Jennifer
Corpus Christi, TX United States
X
Skrobarczyk, Philip
Corpus Christi, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT
I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
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Design — Build Services
Bayshore Park
dcxz)
Corpus Chr sti
Engineering
Council Presentation
March 8, 2015
Location Map
Project Location
co
Corpus Chr'sti
Engineering
2
Bayfront Master Plan, Ph 3
(Shown to Council March 31, 2015)
Corpus Christi
Engineering
Bayshore Park
t
b
P ti
v� co
a �apwj
)-- G
4 WATER ST z
Centralized
Restrooms
Special
Event
Improvements
Conversion
of Shoreline
Boulevard
SHORELINE BOULEVARD
Conversion
of Shoreline
Boulevard
Street Market
& Food Truck
Area
Park signage and furniture throughout site
Corpus Christi Parks & Recreation Department Bayshore Park Plan I-28-15
3
Project Scope
C5�
Corpus Chr sti
Engineering
The project is a Design -Build contract currently scoped based on
stakeholder, staff and City Council input for potential improvements:
• Sherrill Park; landscaping, parking, pavilion and restroom facility
• Special Events Space (Old Coliseum Site); utility hook-ups,
landscaping hardening, pavilion, and parking
• McCaughan Park; landscaping, parking, restroom, and shade
structure
• Shoreline Boulevard (Closed section); surface treatments, utility
hook-ups, and planters
Preliminary Design (30%) will include additional stakeholder input and
is planned for completion and presentation to Council in May 2016
Proposed Conceptual Plan
111
Carpus Chr sti
Engineering
SOUTH BAYFRONT PARK. CITY OF CORPUS CHRISTI. TEXAS
PROPOSED CONCEPTUAL MASTER PLAN
5
6
Project Schedule
Project Estimate: 425 Calendar Days 14 Months
Projected Schedule reflects City Council award in March 2016 with anticipated construction completion in May 2017.
J A S O N D J F M A M J J A S O N D J F M A M
201720152016
RFQ / RFP & Award Design / Construction
DATE:February 15, 2016
TO:Ronald L. Olson, City Manager
FROM:Mike Markle, Chief of Police
mikema@cctexas.com
886-2603
CAPTION:
Ordinance authorizing the City Manager or designee to execute all documents
necessary to accept a grant from the Office of the Attorney General for the Internet
Crimes Against Children (ICAC) Task Force program, in the amount of $5,200 to
purchase equipment, supplies, and training travel for the ICAC program within the
Police Department; and appropriating the $5,200 in the No. 1061 Police Grants Fund.
PURPOSE:
Accept the grant and appropriate the funds.
BACKGROUND AND FINDINGS:
The Office of Juvenile Justice and Delinquency Prevention Internet Crimes against Children
Task Force program has approved a grant for the Corpus Christi Police Department Internet
Crimes Against Children Task Force. The Police Department has been a member of the ICAC
since 2003. These funds will be used for the purchase of equipment, supplies, and training
travel. There is no match required by the City. Funds are available from January 1, 2016
through May 31, 2016.
ALTERNATIVES:
None
OTHER CONSIDERATIONS:
None
CONFORMITY TO CITY POLICY:
Conforms to all city policies.
Accepting and appropriating a grant for the Internet Crimes Against Children (ICAC) Task
Force program
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of March 29, 2016
Second Reading Ordinance for the City Council Meeting of April 12, 2016
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
Encumbered /
Expended Amount
This item $5,200 $5,200
BALANCE $5,200 $5,200
Fund(s): Police Grants Fund
Comments:
RECOMMENDATION:
Staff recommends accepting the grant and appropriating the funds.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Grant award letter
Ordinance
Authorizing the City Manager or designee to execute all documents necessary to
accept a grant from the Office of the Attorney General for Internet Crimes Against
Children (ICAC) Task Force program, in the amount of $5,200 to purchase
equipment, supplies, and training travel for the ICAC program within the Police
Department; and appropriating the $5,200 in the No. 1061 Police Grants Fund.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. The City Manager or designee is authorized to execute all documents
necessary to accept a grant from the Office the Attorney General for Internet Crimes
Against Children (ICAC) Task Force program, in the amount of $5,200 to purchase
equipment, supplies, and training travel for the ICAC program within the Police
Department.
SECTION 2. That $5,200 is appropriated from the Attorney General for Internet Crimes
Against Children (ICAC) Task Force Program in the No. 1061 Police Grants Fund to
purchase equipment, supplies, and training travel for the ICAC program 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 ____________
Michael Hunter ____________Mark Scott ____________
Chad Magill ____________Carolyn Vaughn ____________
Colleen McIntyre ____________
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 ____________
Michael Hunter ____________Mark Scott ____________
Chad Magill ____________Carolyn Vaughn ____________
Colleen McIntyre ____________
PASSED AND APPROVED, this the ______th day of ___________, ______.
ATTEST:
_______________________________________________________________
Rebecca Huerta Nelda Martinez
City Secretary Mayor
ICAC Subrecipient Grant Contract – Corpus Christi Police Department 1665801
Page 1 of 19
GRANT CONTRACT BETWEEN
THE OFFICE OF THE ATTORNEY GENERAL
AND
CORPUS CHRISTI POLICE DEPARTMENT
OAG Contract No. 1665801
This grant contract is executed between the Office of the Attorney General (OAG) and Corpus
Christi Police Department (GRANTEE) for certain grant funds. The Office of the Attorney
General and Corpus Christi Police Department may be referred to in this contract individually as
“Party” or collectively as “Parties.”
SECTION 1. PURPOSE OF THE CONTRACT
The Internet Crimes Against Children (ICAC) Task Force Program, United States Department of
Justice, Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency Prevention,
seeks to maintain and expand State and regional ICAC task forces to address technology-facilitated
child exploitation. These task forces work collaboratively as a national network of law
enforcement and prosecutorial agencies that prevent, interdict, and investigate Internet crimes
against children. The program requires existing task forces to develop multi-jurisdictional, multi-
agency responses to such offenses by providing funding and other support to State and local law
enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and
equipment. The purpose of this contract is to provide reasonable contractual controls to ensure that
the public purposes of the grant are achieved.
SECTION 2 TERM OF THE CONTRACT
This contract shall begin on January 1, 2016 and shall terminate May 31, 2016, unless it is
terminated earlier or extended in accordance with another provision of this contract. The OAG is
not obligated to reimburse expenses that were incurred prior to the commencement or after the
termination of this contract.
SECTION 3 GRANTEE’S CONTRACTUAL SERVICES
3.1 GRANTEE’s Compliance with the Department of Justice, Office of Justice Programs,
Office of Juvenile Justice and Delinquency Prevention, Cooperative Agreement for Award
Number 2015-MC-FX-K049. The GRANTEE will comply with the terms and conditions as set
forth and required in the Cooperative Agreement between the OAG and the Department of Justice,
Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Award
Number 2015-MC-FX-K049, (OAG Award Document), as well as the applicable provisions of
the OAG ICAC Grant Application or OAG Award Document as supplemented, amended or
adjusted.
ICAC Subrecipient Grant Contract – Corpus Christi Police Department 1665801
Page 2 of 19
3.2 Establishment of Final Project Budget; Grant Project Narrative; Special Conditions.
The GRANTEE’s budget is attached as Exhibit A.
The GRANTEE’s Project Narrative is as follows:
To support certain Internet Crimes Against Children (ICAC) travel and other direct
operating expenses.
The Special Conditions, including the OAG Award Document, are attached as Exhibit B.
The OAG, at its sole discretion, will establish the final project targets, outputs, and outcomes. In
addition, the OAG, at its sole discretion, may adjust GRANTEE’s budget, targets, outputs,
outcomes and/or any other items as deemed appropriate by the OAG, at any time, during the term
of this contract. The OAG, at its sole discretion, may supplement, amend or adjust the Special
Conditions attached to this contract.
SECTION 4 REQUIRED REPORTS
4.1 General Matters
4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward
to the OAG the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that
it files each document or form required by the OAG in an accurate and timely manner. Unless
filing dates are given herein, all other reports and other documents that GRANTEE is required to
forward to the OAG shall be promptly forwarded. From time to time, the OAG may require
additional information from GRANTEE.
4.1.2 Cooperation; Additional Information; Immediate Notification and Correction and
Inaccuracies. GRANTEE shall cooperate fully with the OAG. In addition to the information
contained in the required reports, other information may be required as requested by the OAG.
GRANTTEE will immediately notify the OAG in the event GRANTEE discovers that any
previously submitted information was inaccurate and forward the correction information to the
OAG.
4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant
Contact. GRANTEE shall submit within ten (10) business days, notice to the OAG of any change
of the following: GRANTEE’s name; contact information; key personnel, officer, director or partner;
organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall
promptly notify the OAG, preferably in advance, of a change in address or main telephone number
of GRANTEE. A change in GRANTEE’s name requires an amendment to the contract.
To change an Authorized Official, GRANTEE must submit a written request on GRANTEE’s
letterhead, with original signature. GRANTEE, by an email, fax or GRANTEE letterhead signed
by the Authorized Official, may request a change to the Grant Contact.
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4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its
governing body shall bear full and sole responsibility for the integrity of the fiscal and
programmatic management of the organization including financial and programmatic policies and
procedures.
Such fiscal and programmatic management shall include accountability for all funds and materials
received from the OAG; compliance with OAG rules, policies and procedures, and applicable
federal and state laws and regulations; and correction of fiscal and program deficiencies identified
through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract
provisions or other requirements referenced in this contract shall not constitute a defense or basis
for waiving or failing to comply with such provisions or requirements.
GRANTEE shall develop, implement, and maintain appropriate financial management and control
systems, which include budgets that adequately reflect all functions and resources necessary to
carry out authorized activities and the adequate determination of costs; accurate and complete
payroll, accounting, and financial reporting records; cost source documentation; effective internal
and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of
any findings and applicable annual financial statements.
4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure
the confidentiality of records required to be kept confidential by applicable federal and state law,
rules and regulations. This provision shall not be construed as limiting the OAG’s access to such
records and other information.
4.2 Programmatic Reports
4.2.1 ICAC Semi-Annual Statistical (Performance) Reports, including Outcome Measure
Reports. GRANTEE will support the OAG in its progress reporting requirements, including the
reporting requirements of outcome measures. The OAG is required to report, within 30 days after
the end of the reporting periods, certain outcome measures. The semi-annual reporting periods
end on the last day of June and December each year. The OAG will establish deadlines for the
GRANTEE to meet its requirement to report to the OAG.
Contents of Semi-Annual Statistical Reports. GRANTEE shall report data to the OAG
on the following outcome measures:
a. Number of CyberTipLine referrals received and investigated;
b. Number of indictments obtained on CyberTipLine referrals;
c. Number of convictions obtained on CyberTipLine referrals;
d. Number of online solicitation of a minor (or its equivalent) arrests;
e. Number of online solicitation of a minor (or its equivalent) indictments
obtained;
f. Number of online solicitation of a minor (or its equivalent) convictions
obtained;
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g. Total number of ICAC-related arrests during reporting period;
h. Number of partner agencies that sign memorandum certifying compliance
with ICAC program guidelines;
i. Number of investigative technical assistance sessions that ICAC task force
provides to non-member law enforcement agencies;
j. Number of computer forensic technical assistance examinations that ICAC
task forces provide to non-member law enforcement agencies;
k. Percent increase in arrests related to technology-facilitated child sexual
exploitation and Internet Crimes Against Children;
l. Percent increase in computer forensic examinations completed by ICAC
task forces; and
m. Percent increase in investigative technical assistance sessions provided by
ICAC task forces to non-member law enforcement agencies.
4.2.2 ICAC Task Force Program Monthly Performance Measures. GRANTEE will support
the OAG in its reporting requirements of the ICAC Task Force Program Monthly Performance
Measures. The OAG will establish the GRANTEE’s monthly reporting deadlines. The
Performance Measures shall contain, at a minimum, the following additional supporting data
elements:
a. Complaints;
b. Case Information;
c. Goals;
d. Court Actions;
e. Technical Assists;
f. Training; and
g. Community Outreach Presentations.
4.2.3 ICAC Annual Reports. GRANTEE will support the OAG in its reporting requirements
of the following measures:
a. Staffing levels of the task force, including the number of investigators,
prosecutors, education specialists, and forensic specialists dedicated to
investigating and prosecuting Internet crimes against children.
b. Investigation and prosecution performance measures of the task force,
including:
1. the number of investigations initiated related to Internet Crimes
Against Children;
2. the number of arrests related to Internet Crimes Against Children;
and
3. the number of prosecutions for Internet Crimes Against Children,
including-
i. whether the prosecution resulted in a conviction for such
crime; and
ii. the sentence and the statutory maximum for such crime
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under State law.
c. The number of referrals made by the task force to the United States
Attorney’s Office, including whether the referral was accepted by the
United States Attorney.
d. Statistics that account for the disposition of investigations that do not result
in arrests or prosecutions, such as referrals to other law enforcement.
e. The number of investigative technical assistance sessions that the task force
provided to non-member law enforcement agencies.
f. The number of computer forensic examinations that the task force
completed.
g. The number of law enforcement agencies participating in Internet Crimes
Against Children program standards established by the task force.
4.2.4 Written Explanation of Variance. GRANTEE is required to provide a written
explanation to the OAG for any variances by GRANTEE from projected performance. In addition
to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether
in writing or otherwise, in connection with the reports presented to the OAG.
4.2.5 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or
programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered
by GRANTEE, which may be conducted by the OAG or its designees.
GRANTEE shall submit service delivery reports required by the contract or self-evaluations of
performance and other reports requested by the OAG in appropriate format and on a timely basis.
GRANTEE also shall 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 OAG or its designees.
4.3 Financial Matters
4.3.1 Grant Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will
immediately review the annual budget as established in this contract.
4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are
paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for
reimbursement for the actual and allowable allocable costs incurred by GRANTEE for project
costs to provide services under this contract. The payments made to GRANTEE shall not exceed
its actual and allowable allocable costs to provide the services under this contract.
The request for reimbursement will be submitted to the OAG in the form and manner as approved
by the OAG and will specify the detailed and total expenses for the month, in the following cost
categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting
services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. The
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request for reimbursement must be accompanied by supporting documentation as required by the
OAG. The OAG may from time to time require different or additional supporting documentation.
A financial status report is required each month, whether GRANTEE has paid expenses, or is
seeking reimbursement.
4.3.3 Fiscal Year End Required Reports. On or before July 15, 2016 or a date as established
by the OAG, GRANTEE must submit the following two reports:
Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for
the prior fiscal year in the following cost categories: (i) personnel and fringe benefits,
reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment,
(v) supplies, and (vi) other direct operating expenses.
Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report which
provides record of the current inventory of items purchased, disposed, replaced or
transferred of any equipment purchased with grant funds.
4.3.4 Annual Independent Financial Audit Report. GRANTEE shall timely submit to the
OAG a copy of its annual independent financial audit – “timely” means on or before May 31 for a
grantee whose fiscal year ends on August 31 of each year; otherwise, the timely submission to the
OAG is on or before nine (9) months after the end of GRANTEE’s accounting year. GRANTEE
will contract an independent CPA firm to perform an annual financial audit engagement.
GRANTEE’s independent CPA firm will determine the type of annual financial audit, which may
include a compliance attestation in accordance with the requirements of OMB Circular A-133
(audits of State, Local Government, and Non-Profit Organizations) and/or Texas Single Audit
Circular (Single Audit or non-Single Audit financial audit). If applicable, GRANTEE will provide
the OAG with any and all annual independent financial audits or audited financial statements,
related management letters, and management responses of GRANTEE.
4.3.5 Timing of Submission of Request for Reimbursement to the OAG; Close Out Invoice.
GRANTEE is responsible for submitting bills in an accurate and timely manner, and shall make
every reasonable effort to submit monthly billings to the OAG, which cover the previous month’s
expenses, so that they are received by the OAG on or before the twentieth (20th) of each month, or
if the 20th falls on a weekend or holiday, the next business day. The OAG will make all reasonable
efforts to promptly process and make payments on properly completed billings. GRANTEE may
submit a final invoice not later than the earlier of (1) forty-five (45) calendar days after termination
of this contract; or (2) forty-five (45) calendar days after the end of each state fiscal year.
4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs
incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse
GRANTEE for employee costs that are directly related to performing the responsibilities of this
contract.
4.3.7 Refunds and Deductions. If the OAG determines that GRANTEE has been overpaid grant
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funds under this contract, such as payments made inadvertently or payments made but later
determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of
the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and
deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement,
but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly
from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any
overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the
overpayment from the OAG unless an alternate payment plan is specified by the OAG.
4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination.
GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment
purchased with contract funds. GRANTEE shall permanently identify all equipment purchased
under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall
maintain a current inventory of all equipment which shall be available to the OAG at all times
upon request; however, a title for equipment will remain with Grantee.
GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with
grant funds so as to ensure the full availability and usefulness of such equipment. In the event
GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of,
or damage to the equipment purchased under this contract, it shall use the proceeds to repair or
replace said equipment.
4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct
Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit
Authorization Form. After the direct deposit request is approved by the OAG and the setup is
completed on the Texas Identification Number System by the State Comptroller's Office, payment
will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies
of reimbursement vouchers.
SECTION 5 OBLIGATIONS OF OAG
5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the
effective and efficient use of grant funds to accomplish the purposes of this contract.
5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the
attached Exhibit A. Any change to the maximum liability must be supported by a written
amendment to this contract.
5.3 Reimbursement of Grantee Expenses. The OAG shall be obligated to reimburse
GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this
contract. The OAG is not obligated to pay unauthorized costs. Prior written approval from the
OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to
previously un-awarded budget categories, changing funds in any awarded budget category by more
than 10% of the annual budget and/or adding new line items to any awarded budget category.
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5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an
entitlement or right. Reimbursement depends, among other things, upon strict compliance with all
terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act,
action or representation by either party, their agents or employees that purports to increase the
maximum liability of the OAG is void unless a written amendment to this contract is first executed.
GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability
of the OAG in excess of the funds delineated in this contract.
5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the
actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG.
GRANTEE agrees that the grant funds if any, received from the OAG are limited by the term of
each state biennium and by specific appropriation authority to and the spending authority of the
OAG for the purpose of this contract. GRANTEE agrees that, notwithstanding any other
provision of this contract, if the OAG is not appropriated the funds or if the OAG does not
receive the appropriated funds for this grant program, or if the funds appropriated to the
OAG for this grant program are required by the state to be reallocated to fund other state
programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance
on this contract.
SECTION 6 TERMINATION
6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this
contract without recourse, liability or penalty, upon thirty (30) calendar days notice to the other
party.
6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an
obligation of the terms, conditions and provisions of this contract, the OAG may, upon written
notice of the breach to GRANTEE, immediately terminate this contract.
6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination
is not an exclusive remedy, but will be in addition to any other rights and remedies provided in
equity, by law, or under this contract.
Termination of this contract for any reason or expiration of this contract shall not release the Parties
from any liability or obligation set forth in this contract that is expressly stated to survive any such
termination or by its nature would be intended to be applicable following any such termination.
The following terms and conditions, (in addition to any others that could reasonably be interpreted
to survive but are not specifically identified), survive the termination or expiration of this contract:
Sections 4, 5, 7; 11; and 12.
SECTION 7 AUDIT RIGHTS; RECORDS RETENTION
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7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the
OAG to verify all reporting measures and requests for reimbursements related to this contract.
GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor,
the State Auditor’s Office or other auditors of the State of Texas, the federal government or such
other persons or entities designated by the OAG, to ensure proper accounting for all costs and
performances related to this contract.
7.2 Records Retention. GRANTEE shall maintain and retain records for a period of seven (7)
years after the contract is completed or expires, or all issues that arise from any litigation, claim,
negotiation, audit, open records request, administrative review, or other action involving the
contract are resolved. The records include, but may not be limited to, the contract, any contract
solicitation documents, any documents that are necessary to fully disclose the extent of services
provided under this contract, any daily activity reports and time distribution and attendance
records, and other records that may show the basis of the charges made or performances delivered.
7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability
for all reporting measures and requests for reimbursements. Audit trails maintained by GRANTEE
will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an
audit of its systems. GRANTEE’s automated systems, if any, must provide the means whereby
authorized personnel have the ability to audit and to verify contractually required performances
and to establish individual accountability for any action that can potentially cause access to,
generation of, or modification of confidential information.
7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make
available all paper and electronic records, books, documents, accounting procedures, practices,
and any other items relevant to the performance of this contract, compliance with the applicable
state or federal laws and regulations, and the operation and management of GRANTEE to the OAG
or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will
direct any other entity, person, or contractor receiving fund directly under this contract or through
a subcontract under this contract to likewise permit access to, inspection of, and reproduction of
all books, records and other relevant information of the entity, person or contractor that pertain to
this contract. All records, books, documents, accounting procedures, practices, and any other
items, in whatever form, relevant to the performance of this contract shall be subject to
examination or audit. Whenever practical as determined at the sole discretion of the OAG, the
OAG shall provide GRANTEE with up to five (5) business days advance notice of any such
examination or audit.
7.5 State Auditor. In addition to and without limitation on the other audit provisions of this
contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor’s Office
may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds
from the State directly under this contract or indirectly through a subcontract under this contract.
The acceptance of funds by GRANTEE or any other entity or person directly under this contract
or indirectly through a subcontract under this contract acts as acceptance of the authority of the
State Auditor’s Office, under the direction of the Legislative Audit Committee, to conduct an audit
or investigation in connection with those funds. Under the direction of the Legislative Audit
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Committee, GRANTEE or another entity that is the subject of an audit or investigation by the State
Auditor’s Office must provide the State Auditor’s Office with access to any information the State
Auditor’s Office considers relevant to the investigation or audit. GRANTEE further agrees to
cooperate fully with the State Auditor’s Office in the conduct of the audit or investigation,
including providing all records requested. GRANTEE shall ensure that this paragraph concerning
the authority to audit funds received indirectly by subcontractors through GRANTEE and the
requirement to cooperate is included in any subcontract it awards. The State Auditor’s Office shall
at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent
books, documents, working papers, and records of GRANTEE related to this contract.
7.6 Location. Any audit of records shall be conducted at GRANTEE’s principal place of
business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business
hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the audit
is being performed of a subcontractor, the subcontractor's premises if necessary) private space,
office furnishings (including lockable cabinets), telephone and facsimile services, utilities and
office-related equipment and duplicating services as OAG or its designees may reasonably require
to perform the audits described in this contract.
SECTION 8 SUBMISSION OF INFORMATION TO THE OAG
The OAG will designate methods for submission of information to the OAG by GRANTEE. The
OAG generally requires submission of information via email or hard copy format. Some reporting
requirements must occur via the internet and/or a web-based data collection method.
Programmatic Reports and Information (excluding Financial Reports). All quarterly
statistical reports, annual performance reports, correspondence, reports or notices, except
financial reports specified below, must be submitted via email to:
OAG-Grants@texasattorneygeneral.gov
If requested or approved by the OAG, other programmatic reports may be submitted to:
Program Manager – Contracts and Asset Management Division
Office of the Attorney General
Mail Code 005
Post Office Box 12548
Austin, Texas 78711-2548
8.2 Financial Reports (excluding Programmatic Reports and Information). All financial
status reports, requests for reimbursement, audits, and inventory reports, must be submitted in hard
copy format to:
Financial Manager – Contracts and Asset Management Division
Office of the Attorney General
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Mail Code 005
Post Office Box 12548
Austin, Texas 78711-2548
The Annual Independent Financial Audit and related documents, as well as any other reports, if
requested or approved by the OAG, may be submitted to:
OAG-Grants@texasattorneygeneral.gov
SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS
The Parties agree to make a good faith effort to identify, communicate and resolve problems found
by either the OAG or GRANTEE.
9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE’s performance
under this contract, the OAG, at its sole discretion, may impose one or more of the following
remedies as part of a corrective action plan: increase monitoring visits; require that additional or
more detailed financial and/or programmatic reports be submitted; require prior approval for
expenditures; require additional technical or management assistance and/or make modifications in
business practices; reduce the contract amount; and/or terminate this contract. The foregoing are
not exclusive remedies, and the OAG may impose other requirements that the OAG determines
will be in the best interest of the State.
9.2 Financial Hold. Failure to comply with submission deadlines for required reports,
invoices, or other requested information, may result in the OAG, at its sole discretion, placing
GRANTEE on immediate financial hold without further notice to GRANTEE and without first
requiring a corrective action plan. No reimbursements will be processed until the requested
information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion,
may deny reimbursement requests associated with the expenses incurred during the time
GRANTEE was placed on financial hold.
9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other
sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may
impose sanctions, including, but not limited to, withholding or suspending funding, offsetting
previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing
funding, terminate this contract and/or any other appropriate sanction.
9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or
sanctions, GRANTEE remains responsible for complying with the contract terms and conditions.
Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of
prior failure to comply with this contract.
SECTION 10 GENERAL TERMS AND CONDITIONS
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10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, OMBs and
Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state
laws, rules and regulations, directives, guidelines, OMB circulars, or any other authorities relevant
to the performance of GRANTEE under this contract.
10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State
Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive
orders, regulations and policies as well as the Uniform Grant Management Act of 1981 (UGMA),
Texas Government Code, Chapter, 783, as amended. GRANTEE also agrees to comply with
Uniform Grant Management Standards (UGMS), as promulgated by the Texas Governor’s Budget
and Planning Office. Further, GRANTEE agrees to comply with the applicable OAG Certifications
and Assurances as contained in the Application Kit.
10.3 Generally Accepted Accounting Principles or Other Recognized Accounting
Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP)
promulgated by the American Institute of Certified Public Accountants, unless other recognized
accounting principles are required by GRANTEE. Grantee shall follow OAG fiscal management
policies and procedures in processing and submitting for reimbursement GRANTEE’s billing and
maintaining financial records relating to this contract.
10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given or offered to
give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or
employee of the OAG, at any time during the negotiation of this contract or in connection with
this contract, except as allowed under relevant state or federal law. GRANTEE will establish
safeguards to prohibit its employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest or personal gain.
GRANTEE will operate with complete independence and objectivity without actual, potential or
apparent conflict of interest with respect to its performance under this contract. GRANTEE must
disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential
conflicts of interest relative to its performance under this contract.
10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has
obtained all licenses, certifications, permits and authorizations necessary to perform the
responsibilities of this contract and currently is in good standing with all regulatory agencies that
regulate any or all aspects of GRANTEE’s business or operations. GRANTEE agrees to remain in
good standing with the Texas Secretary of State, Texas Comptroller of Public Accounts and related
federal governmental bodies related to GRANTEE’s right to conduct its business in Texas.
GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any
other applicable local ordinance or state, or federal laws. If GRANTEE is a law enforcement
agency regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees that it is in
compliance with all rules developed by the Texas Commission on Law Enforcement Officer
Standards and Education.
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SECTION 11 SPECIAL TERMS AND CONDITIONS
11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement.
GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall
any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered an
OAG employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG. GRANTEE
agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be
deemed to be an independent contractor and will not be considered or permitted to be an agent,
servant, joint venturer, joint enterpriser or partner of OAG.
All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of
GRANTEE’S contractors shall be considered to be solely the employees or agents of GRANTEE
or the contractors. GRANTEE or GRANTEE’S contractors shall be responsible for ensuring that
any and all appropriate payments are made, such as unemployment, workers compensation, social
security, any benefit available to a state employee as a state employee, and other payroll taxes for
such persons, including any related assessments or contributions required by law.
To the extent allowed by law, GRANTEE or contractors are responsible for all types of
claims whatsoever due to the actions or performance under this contract, including, but not
limited to, the use of automobiles or other transportation taken by its owners, incorporators,
officers, directors, employees, volunteers or any third parties. GRANTEE and/or contractors
will indemnify and hold harmless the OAG and/or the State of Texas from and against any
and all claims arising out of actions or performance of GRANTEE or GRANTEE’S
contractors under this contract. To the extent allowed by law, GRANTEE agrees to
indemnify and hold harmless the OAG and/or the State of Texas from any and all liability,
actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise
from or are occasioned by the negligence, misconduct, or wrongful act or omission of
GRANTEE, its employees, representatives, agents, or subcontractors in their performance
under this contract.
11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or
indirectly in any media release, public service announcement or public service disclosure relating
to this contract or any acquisition pursuant hereto, including in any promotional or marketing
materials, without first obtaining written consent from the OAG. This section is not intended to
and does not limit GRANTEE’s ability to comply with its obligations and duties under the Texas
Open Meetings Act and/or the Texas Public Information Act.
11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained
under this contract may be used to produce original books, manuals, films, or other original
material and intellectual property, GRANTEE may copyright such material subject to the royalty-
free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and granted by
GRANTEE to the OAG or the state (or federal government, if federal funds are expended in this
grant) government. The OAG is granted the unrestricted right to use, copy, modify, prepare
derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG
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deems appropriate at its sole discretion, any component of such intellectual property made the
subject of this contract.
11.4 Program Income. Gross income directly generated from the grant funds through a project
or activity performed under this contract are considered program income. Unless otherwise
required under the terms of this contract, any program income shall be used by GRANTEE to
further the program objectives of the project or activity funded by this grant, and the program
income shall be spent on the same project or activity in which it was generated. GRANTEE shall
identify and report this income in accordance with the OAG’s reporting instructions. GRANTEE
shall expend program income during this contract term; program income not expended in this
contract term shall be refunded to the OAG.
11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract
to replace or substitute existing funding from other sources that also supports the activities that are
the subject of this contract.
11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any
solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE
and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of
the State of Texas.
11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG.
GRANTEE may not subcontract or assign any of its rights or duties under this contract without
the prior written approval of the OAG. It is within the OAG’s sole discretion to approve any
subcontracting or assignment. In the event OAG approves subcontracting or assignment by
GRANTEE, GRANTEE will ensure that its contracts with others comply with the provisions of
this contract GRANTEE, in subcontracting for any performances specified herein, expressly
understands and agrees that it is not relieved of its responsibilities for ensuring that all performance
is in compliance with this contract and that the OAG shall not be liable in any manner to
GRANTEE’s subcontractor(s).
11.8 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract
is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities
from suit or from liability that the OAG or the State of Texas may have by operation of law.
11.9 Governing Law; Venue. This contract is made and entered into in the State of Texas. This
contract and all disputes arising out of or relating thereto shall be governed by the laws of the State
of Texas, without regard to any otherwise applicable conflict of law rules or requirements.
Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit,
litigation or other proceeding (collectively “litigation”) arising out of or in any way relating to this
contract shall be commenced exclusively in the Travis County District Court or the United States
District Court in the Western District, Austin Division, and to the extent allowed by law, hereby
irrevocably and unconditionally consent to the exclusive jurisdiction of those courts for the
purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not
ICAC Subrecipient Grant Contract – Corpus Christi Police Department 1665801
Page 15 of 19
to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim
that GRANTEE is not personally subject to the jurisdiction of the above-named courts, the suit,
action or proceeding is brought in an inconvenient forum and/or the venue is improper.
11.11 Catalog of Federal Domestic Assistance Number. The Catalog of Federal Domestic
Assistance Number (CFDA) number for the Department of Justice, Office of Justice Programs,
Office of Juvenile Justice and Delinquency Prevention program is 16.543, titled “Missing
Children’s Assistance.”
11.12 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a
Memorandum of Understanding that outlines the duties and responsibilities of GRANTEE as a
member of the Internet Crimes Against Children Task Force. GRANTEE agrees to comply with
the approved Department of Justice, Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention ICAC Task Force Operational and Investigative Standards.
SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS
12.1 Construction of Contract. The provisions of Section 1 are intended to be a general
introduction to this contract. To the extent the terms and conditions of this contract do not address
a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to
be construed consistent with the general objectives, expectations and purposes of this contract.
12.2 Entire Agreement, including Exhibits. This contract, including all exhibits, reflect the
entire agreement between the Parties with respect to the subject matter therein described, and there
are no other representations (verbal or written), directives, guidance, assistance, understandings or
agreements between the Parties relative to such subject matter. By executing this contract,
GRANTEE agrees to strictly comply with the requirements and obligations of this contract,
including all exhibits.
12.3 Amendment. This contract shall not be modified or amended except in writing, signed by
both parties. Any properly executed amendment of this contract shall be binding upon the Parties
and presumed to be supported by adequate consideration.
12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or
unenforceable, such construction shall not affect the legality or validity of any of its other
provisions. The illegal or invalid provision shall be deemed severable and stricken from the
contract as if it had never been incorporated herein, but all other provisions shall continue in full
force and effect.
12.5 Non-waiver. The failure of any Party to insist upon strict performance of any of the terms
or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that
party's right to demand strict compliance in the future. No consent or waiver, express or implied,
to or of any breach or default in the performance of any obligation under this contract shall
constitute a consent or waiver to or of any breach or default in the performance of the same or any
ICAC Subrecipient Grant Contract – Corpus Christi Police Department 1665801
Page 16 of 19
other obligation of this contract.
12.6 Official Capacity. The Parties agree that the signatories hereto are signing, executing and
performing this contract only in their official capacity.
OFFICE OF THE ATTORNEY CORPUS CHRISTI POLICE
GENERAL OF TEXAS DEPARTMENT
____________________________ ________________________________
Printed Name: _________________ Printed Name: _____________________
Office of the Attorney General Authorized Official
ICAC Subrecipient Grant Contract – Corpus Christi Police Department 1665801
Page 17 of 19
EXHIBIT A
GRANT CONTRACT
BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
AND CORPUS CHRISTI POLICE DEPARTMENT
OAG Contract No. 1665801
Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the
OAG to GRANTEE, directly or indirectly, arising out of this contract for reimbursement of all
expenses, shall not exceed:
FIVE THOUSAND TWO HUNDRED AND 00/100 ($5,200) DOLLARS
Subject to the limitations within this contract, the OAG will reimburse GRANTEE for actual
allowable and allocable costs paid according to the following amounts and budget categories:
Budget Category Amount
Personnel $0
Fringe Benefits $0
Professional & Contractual Services $0
Travel $1,500
Equipment $0
Supplies $0
Other Direct Operating Expenses $3,700
Total $5,200
The maximum allowable expense for lodging is $138.00 per guest room per night including
applicable taxes; the maximum allowable expense for meals is $69.00 per day. ACTUAL
RECEIPTS for all expenses including, but not limited to, lodging, meals, rental cars and airfare
MUST BE SUBMITTED. Alcohol and tips will not be reimbursed.
If applicable, the GRANTEE must submit a copy of the registration form to any training attended,
the syllabus for the training, and a certificate of completion.
ICAC Subrecipient Grant Contract – Corpus Christi Police Department 1665801
Page 18 of 19
The OAG cannot approve payment for non-refundable airline tickets and/or penalty fees incurred
for altered travel plans (and/or any other expenses) should the conference/training be canceled or
should the attendee not attend the training for any reason.
ICAC Subrecipient Grant Contract – Corpus Christi Police Department 1665801
Page 19 of 19
EXHIBIT B
GRANT CONTRACT
BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
AND CORPUS CHRISTI POLICE DEPARTMENT
OAG Contract No. 1665801
SPECIAL CONDITIONS
Special Conditions are imposed by the OAG at its sole discretion. In addition to the ones identified
in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special
conditions, with or without notice, without amending this contract.
GRANTEE’s signature on this contact will be treated as a signature agreement for each of the
twenty-one (21) pages of the Special Conditions, as attached.
The Special Conditions that apply to this contract are:
Department of Justice, Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention, Special Conditions of the Cooperative Agreement (OAG
Award Document), 2015-MC-FX-K049, and any subsequent award document.
Nine (9) pages.
Compliance with the Department of Justice, Office of Justice Programs, Office of
Juvenile Justice and Delinquency Prevention, as provided in memo to Official Grant
File, to Texas Office of the Attorney General and any subsequent award document.
One (1) page.
Department of Justice, Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention, Project Summary (OAG Award Document), 2015-MC-FX-
K049.
Two (2) pages.
Compliance with the Department of Justice, Office of Justice Programs, Office of
Civil Rights, as provided in letter dated September 21, 2015, to Texas Office of the
Attorney General and any subsequent award document.
Three (3) pages.
Department of Justice, Office of Justice Programs, Assurances – Standard
Assurances.
Six (6) pages.
Memorandum To:
From:
Subject:
Washington, D.C. 20531
Lou Ann Holland, Program Manager
Categorical Exclusion for Texas Office of the Attorney General
This award is made as part of the Internet Crimes Against Children Task Force Program. Awards under this
program will be used to support State and local law enforcement agencies to maintain and expand State and
regional task forces to address technology-facilitated child exploitation. None of the following activities will be
conducted either under this award or a related third party action:
1) New construction;
2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located
within a 100-year flood plain, a wetland, or habitat for an endangered species;
3) A renovation which will change the basic prior use of a facility or significantly change its size;
4) Research and technology whose anticipated and future application could be expected to have an effect on the
environment; or
5) Implementation of a program involving the use of chemicals, other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational,
or education environments.
Additionally, the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety
would not meet the criteria for a categorical exclusion. Consequently, the subject federal action meets OJP's
criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code
of Federal Regulations.
Official Grant File
Department of Justice
Office of Justice Programs
Office of Juvenile Justice and Delinquency Prevention
GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
1. STAFF CONTACT (Name & telephone number)
PROJECT NUMBER
6. NAME & ADRESS OF SUBGRANTEE
7. PROGRAM PERIOD 8. BUDGET PERIOD
9. AMOUNT OF AWARD 10. DATE OF AWARD
11. SECOND YEAR'S BUDGET
2015-MC-FX-K049
2. PROJECT DIRECTOR (Name, address & telephone number)
4. TITLE OF PROJECT
12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT
15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
5. NAME & ADDRESS OF GRANTEE
Cooperative Agreement
This project is supported under FY15(OJJDP ICAC Task Force) Pub. L. No. 113-235; 128 Stat. 2130, 2195
Reedy Spigner
OAG Grants Coordinator
PO Box 12548
Austin, TX 78711-2548
(512) 936-2186
PAGE 11O F
The National Internet Crimes Against Children (ICAC) Task Force Program, as established by the PROTECT Our Children Act of 2008, consists of State and local
law enforcement task forces dedicated to developing effective responses to online enticement of children by sexual predators, child exploitation, and child obscenity
and pornography cases. Each State and local task force that is part of the national program shall: 1) consist of State and local investigators, prosecutors, forensic
specialists, and education specialists who are dedicated to addressing the goals of the task force; 2) engage in proactive investigations, forensic examinations, and
effective prosecutions of Internet crimes against children; 3) provide forensic, preventive, and investigative assistance to parents, educators, prosecutors, law
enforcement, and others concerned with Internet crimes against children; 4) develop multijurisdictional, multiagency partnerships and responses to Internet crimes
against children offenses through ongoing informational, administrative, and technological support to other State and local law enforcement agencies, as a means for
such agencies to acquire the necessary knowledge, personnel, and specialized equipment to investigate and prosecute such offenses; 5) participate in nationally
coordinated investigations in any case in which the Attorney General determines such participation to be necessary, as permitted by the available resource of such
Lou Ann Holland
(202) 305-2742
OJP FORM 4000/2 (REV. 4-88)
Texas Office Of the Attorney General Southern ICAC Task Force
Texas Office of the Attorney General
PO Box 12548
Austin, TX 78711-2548
TO:07/01/2015 06/30/2016FROM:TO:07/01/2015 06/30/2016FROM:
09/21/2015 $ 492,200
3b. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
3a. TITLE OF THE PROGRAM
OJJDP FY 15 Internet Crimes Against Children Task Force Invited
Department of Justice
Office of Justice Programs
Office of Juvenile Justice and
Delinquency Prevention
task force; 6) establish or adopt investigative and prosecution standards consistent with established norms, to which such task force shall comply; 7) investigate, and
seek prosecution on tips related to Internet crimes against children, including tips from Operation Fairplay, the National Internet Crimes Against Children Data
System, the National Center for Missing and Exploited Children's CyberTipline, ICAC task forces, and other Federal, State, and local agencies, with priority being
given to investigate leads that indicate the possibility of identifying or rescuing child victims, including investigative leads that indicate a likelihood of seriousness
of offense or dangerousness to the community; 8) develop procedures for handling seized evidence for ICAC task force lead agencies and affiliate agencies; 9)
maintain reports required by OJJDP and other reports and records as determined by the Attorney General; and, 10) seek to comply with national standards regarding
the investigation and prosecution of Internet crimes against children, as set forth by the Attorney General, to the extent such standards are consistent with the law of
the State where the task force is located.
The Texas Office of the Attorney General (OAG) recognizes the importance of expanding the capacity of the Texas OAG Internet Crimes Against Children (ICAC)
Task Force. As a result, using OJJDP funds, the Texas Office of the Attorney General will be awarding several sub-awards to law enforcement affiliate agencies.
These sub-awards will allow the individual law enforcement agencies to determine their own equipment and training priorities. In addition, the task force will
continue to support one Investigator and two Forensic Examiners. This award will also allow the OAG ICAC to increase their investigatory and computer forensic
capabilities by attending training and purchasing monitors and hardware to support operations. NCA/CF
Department of Justice
Office of Justice Programs
OFFICE FOR CIVIL RIGHTS
810 7th Street, NW
Washington, DC 20531
Tel: (202) 307-0690
TTY: (202) 307-2027
E-mail: askOCR@usdoj.gov
Website: www.ojp.usdoj.gov/ocr
September 21, 2015
Mrs. Adrienne McFarland
Texas Office of the Attorney General
PO Box 12548
Austin, TX 78711-2548
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to
compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
(DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services
(COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are
available to help you and your organization meet the civil rights requirements that come with DOJ funding.
Ensuring Access to Federally Assisted Programs
Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal
law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits.
In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence
Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or
perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant
condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently
asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions
are available at http://ojp.gov/about/ocr/vawafaqs.htm.
Enforcing Civil Rights Laws
All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of
employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet equal opportunity standards.
Dear Mrs. McFarland:
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial
assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English
proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition
Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information
on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website
http://www.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The DOJ regulation, Equal Treatment for Faith-Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAs) to
treat faith-based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant
administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its
board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to fund inherently (or explicitly)
religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must hold them
separately from the program funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment
Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the
provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see the OCR's website at
http://www.ojp.usdoj.gov/about/ocr/equal_fbo.htm.
SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as
amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § 10604(e); the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub. L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified
at 42 U.S.C. § 13925(b)(13)) contain prohibitions against discrimination on the basis of religion in employment. Despite these
nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by-
case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the
statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions.
Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit
discrimination in employment.
Using Arrest and Conviction Records in Making Employment Decisions
The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See
Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity
Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the
Civil Rights Act of 1964 (June 2013), available at http://www.ojp.usdoj.gov//about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients
should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or
promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the
Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate
an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below).
Complying with the Safe Streets Act
An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two
obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2)
submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)).
Sincerely,
Meeting the EEOP Requirement
If your organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical
institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your
organization must complete and submit Section A of the Certification Form, which is available online at
http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf.
If your organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has
fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a
Utilization Report (formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review. Instead, your
organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to
complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at
http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf.
If your organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more
employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report
(formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in
developing a Utilization Report, please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition, your
organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at
http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf.
To comply with the EEOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202)
307-0690, by TTY at (202) 307-2027, or by e-mail at EEOsubmisson@usdoj.gov.
Meeting the Requirement to Submit Findings of Discrimination
If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race,
color, national origin, religion, or sex, after a due-process hearing, from a state or federal court or from a state or federal administrative
agency, your organization must send a copy of the finding to the OCR.
Ensuring the Compliance of Subrecipients
SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination
complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train
subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of
Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of
subrecipients. For more information on the MOA requirement, see http://www.ojp.usdoj.gov/funding/other_requirements.htm.
If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial
assistance, please contact us.
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
DATE:February 18, 2016
TO:Ronald L. Olson, City Manager
FROM:Mike Markle, Chief of Police
mikema@cctexas.com
886-2603
CAPTION:
Ordinance authorizing the City Manager or designee to execute all documents
necessary to accept a grant from the American Society for the Prevention of Cruelty to
Animals (ASPCA), in the amount of $ 9,000 for the ASPCA and Subaru “Share the
Love” Rescue Ride project; and appropriating the $9,000 in the No. 1061 Police Grants
Fund.
PURPOSE:
Accept the grant and appropriate the funds.
BACKGROUND AND FINDINGS:
These funds are designated for the City to participate in the ASPCA and Subaru “Share the
Love” Rescue Ride project. The grant program helps transport thousands of homeless dogs
from overcrowded shelters to shelters in areas where they have a better chance of being
adopted.
ALTERNATIVES:
None
OTHER CONSIDERATIONS:
None
CONFORMITY TO CITY POLICY:
Conforms to all city policies.
EMERGENCY / NON-EMERGENCY:
Non-emergency
Accepting and appropriating a grant from the American Society for the Prevention of
Cruelty to Animals (ASPCA),
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of March 29, 2016
Second Reading Ordinance for the City Council Meeting of April 12, 2016
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
Encumbered /
Expended Amount
This item $9,000 $9,000
BALANCE $9,000 $9,000
Fund(s): Police Grants Fund
Comments:
RECOMMENDATION:
Staff recommends accepting the grant and appropriating the funds.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Grant award letter
Ordinance
authorizing the City Manager or designee to execute all documents
necessary to accept a grant from the American Society for the Prevention
of Cruelty to Animals (ASPCA), in the amount of $9,000 for the ASPCA and
Subaru “Share the Love” Rescue Ride project; and appropriating the
$9,000 in the No. 1061 Police Grants Fund.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1.The City Manager or designee is authorized to execute all documents
necessary to accept a grant from the American Society for the Prevention of Cruelty to
Animals (ASPCA), in the amount of $9,000 for the ASPCA and Subaru “Share the Love”
Rescue Ride project.
SECTION 2.That $9,000 grant is appropriated from ASPCA in the No. 1061 Police
Grants Fund.
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 ____________
Michael Hunter ____________Mark Scott ____________
Chad Magill ____________Carolyn Vaughn ____________
Colleen McIntyre ____________
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 ____________
Michael Hunter ____________Mark Scott ____________
Chad Magill ____________Carolyn Vaughn ____________
Colleen McIntyre ____________
PASSED AND APPROVED, this the ______th day of ___________, ______.
ATTEST:
_______________________________________________________________
Rebecca Huerta Nelda Martinez
City Secretary Mayor
520 8th Avenue • 7th Floor • New York, NY 10018 • 212-876-7700 x4394 • grants@aspca.org P a g e | 1
GRANT AGREEMENT REFERENCE:
NAME:City of Corpus Christi Animal Care Services
PROJECT:ASPCA and Subaru "Share the Love" Rescue Ride
AMOUNT: $9,000.00
GRANT NUMBER:2015-1577
GRANT TERM: December 16, 2015 - June 16, 2016
ASPCA GRANT OFFICER:
GRANT ACCOUNT LOGIN: https://www.grantrequest.com/SID_900?SA=AM
December 16, 2015
Dr. melissa draper
City of Corpus Christi Animal Care Services
2626 Holly Road
corpus christi, TX 78415
Dear Dr. draper,
The American Society for the Prevention of Cruelty to Animals (the “ASPCA”) is deeply
honored to be able to grant to City of Corpus Christi Animal Care Services (the “Grantee,” and
together with the ASPCA, the “parties” and each a “party”) the amount of $9,000.00 (the
“Grant”). These funds are designated for the purpose set forth below and as outlined in your
grant request and as further described in this agreement (this “Agreement”) and, if applicable, its
amendments: ASPCA and Subaru "Share the Love" Rescue Ride (the “Project”).
Unless otherwise noted in the payment schedule below, the ASPCA shall pay the grant to the
Grantee approximately two to six weeks following receipt of your online acknowledgement of
this Agreement. By endorsing and depositing the Grant check, you represent and warrant that
Grantee will meet the obligations specified in this Agreement.
Intending to be legally bound and in consideration of the Grant provided to the Grantee and the
desire of the Grantee to conduct the Project, the parties hereby agree to the following terms and
conditions as of the first date listed above (the “Effective Date”):
1. Grantee Requirements.
Type Notes Schedule Date
Acknowledgement of Award
Letter
December 31, 2015
520 8th Avenue • 7th Floor • New York, NY 10018 • 212-876-7700 x4394 • grants@aspca.org P a g e | 2
Final Report June 16, 2016
Financial Report June 16, 2016
Photographs June 16, 2016
Press Information June 16, 2016
The Grantee shall communicate with () (the “ASPCA Grant Officer”) according to the schedule
and additional instructions (if applicable) to review and evaluate the use of the Grant funds.
(Grant Agreement acknowledgements are required and should be made online by accessing your
ASPCA Grants account*; formal letters of acknowledgement and thank you letters are optional
and should be mailed or emailed to your ASPCA Grant Officer.)
* Requirements must be submitted through your ASPCA Grants account at:
https://www.grantrequest.com/SID_900?SA=AM
An explanation of additional grant requirements you may be asked to fulfill are described in
Schedule 1 and on our website at aspcapro.org/grants.
You are required to provide additional information relating to this Grant upon the ASPCA's
request. Such additional information may include but is not limited to: receipts (up to three years
after the Grant end date), photographs, and press information. In addition, you are required to
provide access to the ASPCA upon the ASPCA’s request so that the ASPCA may conduct a site
visit of your location(s) during standard business hours, or at a day and time mutually agreed
upon by the ASPCA and the Grantee. The ASPCA will provide you with reasonable notice of
any such request unless otherwise mutually agreed upon.
You may submit requirements upon completion at any point during the grant term.
Organizations that fail to submit required documentation in a timely manner may jeopardize
future grants and/or grant payments. Should you need a due date extension, please forward your
request, prior to the due date, to with the requirement type (e.g. Final Report, Financial Report,
etc.), an explanation for your request (including the reason for the anticipated delay) and your
preferred new due date.
2. Use of Grant Funds. The ASPCA shall pay the Grant to the Grantee according to the
following schedule:
Payment Number Total # of Payments Approximate
Schedule Date
Amount
1 1 December 16, 2015 $9,000
The Project shall consist of the activities outlined in the Grant request submitted to the ASPCA
(“ASPCA and Subaru "Share the Love" Rescue Ride”). The Project shall also include the
following:
STAFF_DESCRIPTION
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The Grantee agrees to submit photos of the funded Rescue Ride transports or other activities
funded under this grant. The ASPCA may use any photographs submitted, at no cost to the
ASPCA, on a non-exclusive, worldwide, royalty-free basis, in any way it deems appropriate to
support its mission, including fundraising purposes. In granting this permission, the Grantee
hereby represents and warrants that they have all legal rights to the submitted photographs
necessary to grant the permission given above, all submitted photographs were legally obtained,
and that the Grantee is not limited in any way from sharing the submitted photographs.
The Grantee agrees that it is the sole employer of all individuals who are compensated in whole
or in part with Grant funds, or whose employment, fellowship or internship position arises in any
way as a direct or indirect result of the Grant (each a “Funded Position”). The Grantee further
agrees that it is exclusively responsible for the classification and engagement of any contractors
whose fees and/or expenses are paid in whole or in part with Grant funds (“Funded Contractor”).
Accordingly, the Grantee agrees that with respect to any Funded Position and/or any Funded
Contractor, the Grantee is exclusively responsible for compliance with, and will comply with,
any and all applicable federal, state and local employment laws, regulations and rules, including,
but not limited to, any employer obligations to: (a) timely pay all wages or other compensation
due; (b) withhold and remit employment taxes; (c) administer any required discipline; (d)
provide insurance coverages; (e) prohibit discrimination or harassment based on any protected
characteristic; and (f) provide any required leave or accommodation. The Grantee acknowledges
and agrees that the parties to this Agreement are in the relationship of Grantor and Grantee, and
the use of Grant funds for Funded Positions and/or Funded Contractors does not constitute a joint
venture, affiliation, or joint employment relationship of any kind.
The Grantee acknowledges and agrees that the grant shall be used exclusively for costs incurred
directly in connection with the Project and as set forth in this Agreement, and that failure to do
so will result in the Grantee having to return the grant to the ASPCA within ten (10) days of the
ASPCA’s request to do so.
The Grantee agrees that at no time will any funds it receives from the ASPCA be used to attempt
to influence the outcome of any selection, nomination, election, or appointment of any individual
to any public office or office of a political organization within the meaning of Internal Revenue
Code Section 527(e)(2), and shall furthermore not use any of the funds it receives from the
ASPCA to participate in, or intervene in (including the publishing or distributing of statements)
any political campaign on behalf of (or in opposition to) any candidate for public office.
The Grantee hereby grants to the ASPCA a license to use the Grantee’s name and trademarks on
materials directly related to the activities of the Project and/or the Grant. The Grantee Key
Contact is Dr. melissa draper (the “Grantee Key Contact”), and the Grantee Key Contact shall
communicate with () monthly to review and evaluate the progress of the Project.
3. Acknowledgment of ASPCA Support. In consideration of the grant, the Grantee shall
publicly acknowledge that the Project was made possible through a generous grant from the
ASPCA and shall reference the ASPCA in all “Project Materials.” “Project Materials” shall
include, but not be limited to, all copy, script, text, graphics, photographs, video, audio,
520 8th Avenue • 7th Floor • New York, NY 10018 • 212-876-7700 x4394 • grants@aspca.org P a g e | 4
promotional and advertising materials, and all other editorial matter(s) or press releases relating
to the Project. The Grantee shall submit the Project Materials for review and approval by the
ASPCA Grant Officer prior to its inclusion in any materials prepared and intended to be
distributed regarding the activities of the Project. No changes on the approved version of any
Project Materials shall be instituted by the Grantee without the prior written approval of the
ASPCA Grant Officer. The ASPCA hereby grants to the Grantee a license to use the ASPCA
Trademarks on materials directly related to the activities of the Project. “ASPCA Trademarks”
are: “ASPCA®”, which must always appear in PMS 422 and 021, unless used in materials that
are completely black and white in nature, in which case it may appear in black; and “The
American Society for the Prevention of Cruelty to Animals®”. The ASPCA has the right in its
sole discretion to require the Grantee to remove all references to the ASPCA’s involvement if the
ASPCA determines that the Grantee is not fulfilling its obligations under this Agreement or if for
any other reason the ASPCA determines that it is no longer in the ASPCA’s best interest to be
referenced in such manner.
Jpegs of the ASPCA logo are embedded below for your cut-and-paste use on your website or
other collateral. Additional logos and badges can be found here: http://aspcapro.org/badges.
Instructions regarding links to the ASPCA’s website can be found at this URL:
http://www.aspca.org/about-us/linking-policy.
For assistance regarding recognition of your Grant, including press releases, advisories, or
general media outreach, please contact the ASPCA’s Media Department at press@aspca.org. A
suggested press release template is provided as Schedule 2 as a helpful guide. Social media tips
are also provided on Schedule 3.
4. Records. The Grantee will keep accurate books and records with respect to the grant in
accordance with generally accepted accounting principles and business practices. The Grantee
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will maintain its books and records in such a manner that the receipts and expenditures of the
Grant funds will be shown separately on such books and records in any easily checked form.
The Grantee will keep records of receipts and expenditures made of Grant funds as well as
copies of the reports submitted to the ASPCA and supporting documentation for at least three
years after completion of the use of the Grant funds, and will furnish or make available such
books, records, and supporting documentation to the ASPCA for inspection at reasonable times
from the time of the Grantee’s acceptance of the Grant through such period.
5. Maintenance of Tax-Exempt Status. In carrying out the Project, the Grantee shall comply
with all applicable federal, state and local laws and regulations. If the Grantee is a 501(c)(3)
organization, the Grantee certifies that it is in good standing with the Internal Revenue Service
and shall notify the ASPCA immediately of any change in, or challenge by the Internal Revenue
Service to, its status as a 501(c)(3) tax-exempt organization.
6. Termination. The ASPCA may, in its sole discretion (i) withhold payment of funds until in
its opinion the situation has been corrected or (ii) declare the Grant terminated in any of the
following circumstances:
(a) If, as the result of the consideration of reports and information submitted to it by the
Grantee or from other sources, the ASPCA, in its sole discretion, determines that
continuation of the Project is not reasonably in furtherance of the ASPCA’s mission to
provide effective means for the prevention of cruelty to animals throughout the United
States (the “ASPCA Mission”) or that the Project is not being executed in substantial
compliance with the grant request (or work plan as revised) or that the Grantee is
incapable of satisfactorily completing the work of the Project;
(b) In the case of any violation by the Grantee of the terms and conditions of this Agreement;
(c) In the event of any change in, or challenge by the Internal Revenue Service to, the
Grantee’s status as a 501(c)(3) tax-exempt organization if applicable; or
(d) If it is revealed that, during the Project, the Grantee is or was involved in any activity or
makes any statement disparaging of, or reflecting unfavorably upon the ASPCA,
tarnishes the reputation of the ASPCA or is not in alignment with the ASPCA Mission.
If the ASPCA terminates the Grant, it shall so notify the Grantee, whereupon it, if so requested
by the ASPCA, shall promptly refund and pay back to the ASPCA any unexpended balance of
the Grant funds in the Grantee’s hands or under its control.
Upon completion of the Project or termination of this Agreement for any reason, the ASPCA will
withhold any further payments of Grant funds and the Grantee shall, at the option of the ASPCA,
repay to the ASPCA any portion of the Grant funds that were not spent for the Project. All such
determinations by the ASPCA under this Section 6 will be final, binding and conclusive upon the
Grantee.
7. Future Funding. The Grantee acknowledges that the ASPCA and its representatives have
made no actual or implied promise of funding except for the amounts specified in this
Agreement. If any of the Grant funds are returned or if the Grant is rescinded, the Grantee
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acknowledges that the ASPCA will have no further obligation to the Grantee in connection with
this Grant as a result of such return or rescission.
8. Modification. No amendment or modification of this Agreement shall be valid, unless made
in writing and duly executed by the parties hereto.
9. Miscellaneous. This Agreement is intended to be binding upon the Grantee and the ASPCA.
This Agreement represents the final agreement between the parties with respect to the subject
matter hereto, and supersedes any and all prior agreements, written or oral, between the parties
with respect to the matters contained herein. This Agreement is not intended to, nor shall it be
deemed to create, any partnership or joint venture between the Grantee and the ASPCA. This
Agreement shall be interpreted, governed by and construed in accordance with the internal laws
of the State of New York, without regard to the conflict of laws principles thereof. The parties
hereto acknowledge and consent to personal jurisdiction and venue exclusively in New York,
New York with respect to any action or proceeding brought in connection with this Agreement.
This Agreement may be executed by the parties hereto in counterparts, each of which, when
executed and delivered, shall be deemed to be an original and all of which shall constitute
together the same document.
By endorsing and depositing the Grant check, you represent and warrant that you are capable of
binding the Grantee to the terms set forth in this Agreement.
We extend our best wishes to you for continued success and look forward to hearing about your
accomplishments during the year. It is a pleasure to be among your current supporters.
Sincerely,
Michael Barrett
Vice President, ASPCA Grants
CC: grants@aspca.org
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Schedule 1: Grant Reporting Requirements
We require ASPCA grantees to fulfill a variety of requirements based on the grant size and purpose. We
make every effort to minimize the reporting burden on grantees while employing best practices in all of
our grants programs.
Please follow these guidelines when submitting requirements:
Submit ALL requirements online by logging into your ASPCA Grant Account at
https://www.grantrequest.com/SID_900?SA=AM
Please adhere to the due dates – you may submit fulfilled requirements at any point during the
grant term. Should you need extra time to submit any particular requirement, please contact the
ASPCA Contact on your award letter prior to the due date with 1) a request for a due date
extension, 2) the preferred due date and 3) an explanation for the request.
Grantees will be asked to submit some or all of the following requirements:
Acknowledgement of Award Letter – all grant awards in the amount of $5,000 or less must be
acknowledged online as your official indication that you intend to use the funds as instructed in
the grant agreement.
Final Report –indication of results/outcomes and an analysis of your project plus an estimation
or exact indication, if measurable, of the number of animals impacted by the grant. Narrative text
entry and/or upload.
Financial Report/Receipts – a comprehensive list of expenditures for which grant money had
been used (typically best submitted in a spreadsheet). Financial Reports for projects that produce
accurate, easily measurable outputs, such as targeted spay/neuter programs, should identify the
cost per animal as part of a detailed report on the project. Receipts and/or invoices should be
uploaded when appropriate.. Narrative text entry and/or upload.
Photos –Generally, we ask for photos that show pictorial evidence of the intended use of funds;
we may also ask for photos associated with human interest stories for promotional purposes.
Narrative text entry for captions plus uploads.
Press Information – links to or uploads of press releases, clips or links showing recognition of
the ASPCA’s grant for your project. You can also include stories, anecdotes, quotes, and social
media posts that could be used for promotional purposes including human interest stories with
accompanying photos. Narrative text entry and/or upload.
Progress Report – an interim report designed to inform your grant officer on the status of the
project. Narrative text entry and/or upload.
Signed Amendment – occasionally the purpose or amount of a grant will change during the grant
term. In some cases,this will require a signed amendment to the contract.
Signed Contract – payments of all grant awards that exceed $5,000 are contingent upon your
submission of two signed contracts mailed to ASPCA, Attn: Grants Department, 520 8th Avenue,
7th Floor, New York, NY 10018.
Site Visit –indicates that a grant officer wishes to make a physical site visit of your facility
during the grant term, sometimes as a condition of payment or to provide your organization with
additional non-cash outreach and resources.
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Schedule 2: Press Release Template (Optional)
Your Organization’s Logo Here
[DATE]
Media Contact: [NAME]
[PHONE] / [EMAIL]
Headline
Subheader
[City], [State]—The [Organization] today announced (general information about the
initiative/program/event/grant)
“Compelling opening statement about a problem,” said Spokesperson, title. “Quote that includes more
information about how the funding will assist in impacting animals.” (Example: “Many families have sadly
had to part with their pets in recent years as a result of the economic downturn,” observes Jane Doe,
director of shelter operations. “These funds will help expand our safety net program in order to keep
more families together.”)
Optional quote from the ASPCA (must contact ASPCA Media Department press@aspca.org)
Paragraph with detailed information about initiative/program/event/grant.
For more information, please visit [website].
About [Organization]
History and background of your organization.
###
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Schedule 3: Social Media Tip Sheet for Grantees
Why Use Social Media?
Using social media tools such as Facebook, Twitter,
YouTube, and blogs to spread the word about your
organization and the great work it does can be a
powerful and cost-effective strategy for capturing
the attention of potential and existing adopters and
donors. If you aren’t already using social media, here
are three of the most compelling reasons to do so:
The potential reach of social media is immense.
In contrast to more conventional publicity
vehicles, such as printed advertisements, nearly
everyone has equal access to your message, and
your audiences can easily and immediately
share that message with their audiences,
helping it go exponentially farther. Social media
tools make it easier to see who you’re reaching
and easier to interact with your constituents,
and thereby build and strengthen connections
with them.
Social media tools are free.There is no cost to
sign up for accounts on Facebook, Twitter,
YouTube, or blogging sites such as WordPress or
Blogger, which eliminates barriers to entry for
cash-conscious organizations. Social-media-
savvy volunteers can provide pro bono
assistance in promoting your organization’s
work with these tools.
Brevity is a virtue. In the social media realm,
lengthy appeals can be counterproductive –
usually a few words or lines, a brief story, a
photo, or a video can be ideal for generating
substantial interest in your efforts. There’s no
need to use every available social media
platform – choose only the one(s) that best fit
your organization’s communication style.
ASPCA Grant Publicity Guidelines
Social media tools make it easy to share news about
your ASPCA grant and the project it is supporting!
Updates on your successes that engage readers,
along with clear and colorful photos and videos that
showcase those successes, will help your group to
attract more followers. We encourage you to
publicize your funded project – and if you do, please
loop in your grant officer to let him/her know!
Connect with us…
…on Twitter at @aspca and @aspcapro
Using the #aspcagrants hashtag to share news of
your ASPCA grant and its impact makes it easy for
adopters and donors across the Twitterverse to
catch wind of your success, whether or
not they’re already followers.
…on Facebook at facebook.com/aspca
and facebook.com/ASPCApro
Becoming a “fan” of ours and creating a “fan” page
of your own makes it easy for the ASPCA, other
organizations, and the general public to learn about
your organization and the great work you do, and to
share your success with others. We hope you’ll “like”
us!
…on YouTube at
youtube.com/ASPCA and
youtube.com/ASPCApro
Many smartphones make it easy to shoot and upload
videos to YouTube, which provides a powerful
platform for your audiences to literally see your
work in action. Subscribe to the ASPCA’s channel and
see how other animal welfare organizations are
using YouTube to bring their efforts to life.
Resources
ASPCAPro Resource Library
(http://www.aspcapro.org/resource-library) –
This repository of articles, tip sheets, and
webinars has been developed specifically to
serve the needs of our grantees.
The Social Animal
(http://www.thesocialanimal.com/) – A blog
focused on helping animal welfare advocates
use social media tools to accomplish their
mission more effectively.
Beth Kanter’s Blog
(http://www.bethkanter.org/) – A blog focused
on helping nonprofits use social media and
other digital tools to achieve social change.
DATE:March 1, 2016
TO:Ronald L. Olson, City Manager
FROM:Mike Markle, Chief of Police
mikema@cctexas.com
886-2603
CAPTION: Ordinance authorizing the City Manager or designee to execute all documents
necessary to accept an annual allocation payment from the State of Texas - Law
Enforcement Officer Standards and Education Account in the amount of $27,494.93; and
appropriating funds from the State of Texas - Law Enforcement Officer Standards and
Education Account in the amount of $27,494.93 in the No. 1061 Police Grants Fund for
training of police personnel and purchase of training equipment.
PURPOSE: Based on the Government Code, Section 415.0845, the State of Texas
provides an annual allocation for training of police personnel as well as training equipment.
The funds must be appropriated annually when the check is received.
BACKGROUND AND FINDINGS:The funds are received from the State as directed by
Government Code, Section 415.0845, to make an annual allocation from the Law
Enforcement Officer Standards and Education account to qualified law enforcement
agencies for expenses related to the continuing education of full-time law enforcement
officers and support personnel and any training equipment. The amount of funds received
depends on the number of personnel we have as of January 1 of each year.
ALTERNATIVES: None
OTHER CONSIDERATIONS:
CONFORMITY TO CITY POLICY:Conforms to City Policy
EMERGENCY / NON-EMERGENCY: Non-Emergency
DEPARTMENTAL CLEARANCES:Legal
Appropriating funds from the State of Texas Law Enforcement Standards and Education
(LEOSE) account
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of March 29, 2016
Second Reading Ordinance for the City Council Meeting of April 12, 2016
FINANCIAL IMPACT:
□ Operating X Revenue □ Capital □ Not applicable
Fiscal Year:
2015-2016
Project to Date
Expenditures
(CIP only)Current Year Future Years TOTALS
Line Item Budget $27,494.93 $27,494.93
Encumbered /
Expended Amount
This item
BALANCE $27,494.93 $27,494.93
Fund(s): Police Grants
Comments:
RECOMMENDATION:Staff recommends approving the ordinance and appropriating the funds.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Award Letter
Ordinance
Authorizing the City Manager or designee to execute all documents
necessary to accept an annual allocation payment from the State of Texas -
Law Enforcement Officer Standards and Education Account in the amount
of $27,494.93; and appropriating funds from the State of Texas - Law
Enforcement Officer Standards and Education Account in the amount of
$27,494.93 in the No. 1061 Police Grants Fund for training of police
personnel and purchase of training equipment.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or designee is authorized to execute all documents
necessary to accept annual allocation payment from the State of Texas – Law
Enforcement Officer Standards and Education Account in the amount of $27,494.93.
SECTION 2. That $27,494.93 from the State of Texas – Law Enforcement Officer
Standards and Education Account is appropriated in the No. 1061 Police Grants Fund
for training of police personnel and purchase of training equipment.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _____ day of ___________, _____, by the following vote:
Nelda Martinez ____________Brian Rosas ____________
Rudy Garza ____________Lucy Rubio ____________
Michael Hunter ____________Mark Scott ____________
Chad Magill ____________Carolyn Vaughn ____________
Colleen McIntyre ____________
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 ____________
Michael Hunter ____________Mark Scott ____________
Chad Magill ____________Carolyn Vaughn ____________
Colleen McIntyre ____________
PASSED AND APPROVED, this the ______th day of ___________, ______.
ATTEST:
_______________________________________________________________
Rebecca Huerta Nelda Martinez
City Secretary Mayor
DATE:February 19, 2016
TO:Ronald L. Olson, City Manager
FROM:Mike Markle, Chief of Police
mikema@cctexas.com
886-2603
CAPTION:
Ordinance appropriating $492,678 from the Unreserved Fund Balance in the No. 9010
Crime Control District Fund for "one-time" expenditures and amending the FY2015-16
Operating Budget adopted by Ordinance No. 030620 by increasing expenditures by
$492,678.
PURPOSE:
On February 17, 2016 the Crime Control Board approved $492,678 for one time
expenditures.
BACKGROUND AND FINDINGS:
Approved expenditures include upgrades to the Mobile Command Post and Command
Center, tourniquets and medical supplies for “Go” bags, Tasers, Patrol/SWAT rifles and
ammunition, riot gear, digital cameras, training equipment, Coban video equipment,
Forensic software enhancement, body armor, radios, ticket writers, and less lethal
weapons.
The "unaudited" fund balance as of 09/30/2015 is $5,441,581.03. Historically the Crime
Control District Board approves funds for the purchase of onetime items each fiscal
year.
ALTERNATIVES:
None
OTHER CONSIDERATIONS:
None
Appropriating $492,678 from the Crime Control and Prevention District unreserved fund
balance in to the Crime Control District Fund
AGENDA MEMORANDUM
First Reading for the City Council Meeting of March 29, 2016
Second Reading for the City Council Meeting of April 12, 2016
CONFORMITY TO CITY POLICY:
Conforms to City Policy
EMERGENCY / NON-EMERGENCY:
Non-emergency
DEPARTMENTAL CLEARANCES:
Legal
Finance
OMB
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 $7,436,294 $7,436,294
Encumbered /
Expended Amount
This item $492,678 $492,678
BALANCE $7,928,972 $7,928,972
Fund(s): 9010 Crime Control and Prevention District Fund
RECOMMENDATION:
Staff recommends approval of the ordinance.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance
Appropriating $492,678 from the Unreserved Fund Balance in the No. 9010
Crime Control District Fund for "one-time" expenditures and amending the
FY2015-16 Operating Budget adopted by Ordinance No. 030620 by
increasing expenditures by $492,678.
WHEREAS,on February 17th, 2016 the Crime Control and Prevention District Board
approved $492,678 for one time expenditures.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $492,678.is appropriated from the unreserved fund balance in the
No. 9010 Crime Control District Fund for “one-time” expenditures in the FY 2015-2016
Crime Control and Prevention District operating budget.
SECTION 2. That the FY 2015-2016 Crime Control and Prevention District operating
budget, adopted by resolution No. 030620, is changed by increasing expenditures by
$492,678.
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 ____________
Michael Hunter ____________Mark Scott ____________
Chad Magill ____________Carolyn Vaughn ____________
Colleen McIntyre ____________
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 ____________
Michael Hunter ____________Mark Scott ____________
Chad Magill ____________Carolyn Vaughn ____________
Colleen McIntyre ____________
PASSED AND APPROVED, this the ______th day of ___________, ______.
ATTEST:
_______________________________________________________________
Rebecca Huerta Nelda Martinez
City Secretary Mayor
DATE:February 23, 2016
TO:Ronald L. Olson, City Manager
FROM:Robert Rocha, Fire Chief
rrocha@cctexas.com
(361) 826-3932
CAPTION:
Ordinance authorizing the City Manager or designee to accept and appropriate a contribution
from the Industry Education Awareness Communication Committee in the amount of $27,011.14
into the LEPC Fund No. 6060 to purchase resources to communicate and educate Shelter-In-
Place; and changing the FY 2015-16 Operating Budget adopted by Ordinance No. 030620 by
increasing expenditures in the LEPC No. 6060 by $27,011.14.
PURPOSE:
The Industry Education Awareness Communication Committee, which is made up of major
petroleum industries in Nueces County and the Port of Corpus Christi, has forwarded to the
Local Emergency Planning Committee (LEPC) a contribution check in the amount of
$27,011.14. The funds are specifically to be used to: 1) purchase 500 Shelter-In-Place kits and
make them available to Nueces County schools; 2) purchase local television and radio time to
promote the LEPC Shelter-In-Place message; and 3) to update and reprint 15,000 Shelter-In-
Place activity books to be used as a teaching tool for elementary age school children at schools
and community events.
The funds will be deposited into the LEPC Fund No. 6060 Org No. 21700 Account No. 530500
(Printing Advertising & PR)
ALTERNATIVES:None
OTHER CONSIDERATIONS:None
CONFORMITY TO CITY POLICY:Council approval of Ordinance to accept contribution
funds.
Acceptance of a contribution from the Industry Education Awareness Communication Committee
in the amount of $27,011.14.
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of March 29, 2016
Second Reading Ordinance for the City Council Meeting of April 12, 2016
EMERGENCY / NON-EMERGENCY:
Staff is requesting a non-emergency reading to this routine, non-controversial item.
DEPARTMENTAL CLEARANCES:
Legal
Finance
.
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 12,000.00 12,000.00
Encumbered /
Expended Amount (448.70)(448.70)
This item 0 27,011.14 27,011.14
BALANCE 0 38,562.44 38,562.44
Fund(s):
Comments:None
RECOMMENDATION:
Staff recommends approving Ordinance accepting the Industry Education Awareness
Communication Committee’s contribution in the amount of $27,001.14 for Public Education
Awareness.
LIST OF SUPPORTING DOCUMENTS:
1) Ordinance
Ordinance
Authorizing the City Manager or designee to accept and appropriate a
contribution from the Industry Education Awareness Communication
Committee in the amount of $27,011.14 into the LEPC Fund No. 6060 to
purchase resources to communicate and educate Shelter-In-Place; and
changing the FY 2015-16 Operating Budget adopted by Ordinance No.
030620 by increasing expenditures in the LEPC No. 6060 by $27,011.14.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1.The City Manager or designee is authorized to accept a donation from the
Industry Education Awareness Communication Committee in the amount of $27,011.14
SECTION 2.That $27,011.14 from the Industry Education Awareness Communication
Committee is appropriated in the LEPC Fund No. 6060 to be used to purchase 500
Shelter-In-Place kits and make them available to Nueces County schools, purchase
local television and radio time to promote the LEPC Shelter-In-Place message, and to
update and reprint 15,000 Shelter-In-Place activity books to be used as a teaching tool
for elementary age school children at schools and community events..
SECTION 3.That the FY 2015-2016 Operating Budget, adopted by ordinance No.
030620, is changed by increasing expenditures in the LEPC No. 6060 by $27,011.14.
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 ____________
Michael Hunter ____________Mark Scott ____________
Chad Magill ____________Carolyn Vaughn ____________
Colleen McIntyre ____________
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 ____________
Michael Hunter ____________Mark Scott ____________
Chad Magill ____________Carolyn Vaughn ____________
Colleen McIntyre ____________
PASSED AND APPROVED, this the ______th day of ___________, ______.
ATTEST:
_______________________________________________________________
Rebecca Huerta Nelda Martinez
City Secretary Mayor
DATE:February 15, 2016
TO:Ronald L. Olson, City Manager
FROM:Stacie Talbert Anaya, Interim Director
StacieT@cctexas.com
361-826-3464
CAPTION:
Ordinance appropriating $2.9 million in estimated revenues from the State hotel tax revenue in
the No. 1032 State Hotel Occupancy Tax Fund to be used for beach and bayfront maintenance,
and safety and protection activities; amending the FY 2015-16 Operating Budget adopted by
Ordinance No. 030620 by increasing expenditures by $2,900,000.
PURPOSE:
Appropriate State Hotel Occupancy Tax (HOT) funds for beach and bayfront maintenance, safety
and protection activities for the remaining months of Fiscal Year 2016 (April – September) as
well as establish a fiscal policy for the fund.
BACKGROUND AND FINDINGS:
During the 2015 State of Texas Legislative Session, legislation was approved to direct 2% of the
State’s portion of hotel occupancy tax (HOT) revenues collected in Corpus Christi to be allocated
to the City to assist with Gulf and Bay Beach operations and shoreline protection projects.
Figures provided by the Texas Comptroller’s Office estimated $2.9 - $3.0 million in annual
revenues to be shared with the City of Corpus Christi.
While lobbying for the bill, staff presented a spending plan that designated approximately one-
third of designated revenues for operational activities such as maintenance and
safety/enforcement annually. Testimony and documentation provided to lawmakers indicated
approximately two-thirds of the annual revenue would be placed in reserve for future projects to
renourish beaches or stabilize shorelines along the gulf and bay coasts.
During the September 9th City Council Meeting Councilwoman McIntyre requested staff draft a
financial policy to ensure the revenue from State Hotel Occupancy Tax Revenues does not
supplant current funding streams for beach operation and maintenance functions. Current
budgets for gulf beach maintenance and safety operations are approximately $2.3 million.
Current budgets for bay beach maintenance are approximately $120,000.
City Council approved a fiscal policy regarding this fund on March 22, 2016:
A State Hotel Occupancy Tax Fund was created for the Fiscal Year 2015-16
Budget as a result of House Bill 1915. The expenditures in this Fund shall not be
Appropriate State Hotel Occupancy Tax revenues and establish a fiscal policy for the fund
AGENDA MEMORANDUM
First Reading Item for the City Council Meeting of March 29, 2016
Second Reading Item for the City Council Meeting of April 12, 2016
used to offset the current expenditures in the Local Hotel Occupancy Tax Fund for
Gulf Beach maintenance. The expenditures budgeted for Gulf Beach
maintenance in the Local Hotel Occupancy Tax Fund shall not fall below the
lesser of $1,825,088 or 15% of Hotel Occupancy Tax revenue (not including the
Convention Expansion portion) budgeted. This amount will be in addition to any
expenditures budgeted for Gulf Beach maintenance in the State Hotel Occupancy
Tax Fund.
Staff has worked with the Watershore and Beach Advisory Committee (WBAC) to finalize the
work plan for the new source of funds. The plan includes approximately $510,000 for expanded
gulf beach maintenance, lifeguarding and enforcement; approximately $480,000 for expanded
bayfront and bay beach maintenance and enforcement, and reinstituting the lifeguarding
program at McGee Beach. In addition, the WBAC reviewed the initial list of renourishment and
shoreline protection projects in future years: gulf and bay beach nourishment, shoreline
protection measures along the downtown bayfront and parks that front the bay. WBAC formally
approved the plan on January 7, 2016. The plan was also shared with the Island Strategic
Action Committee the same month.
ALTERNATIVES:
Do not approve request for appropriation for State HOT Funds
OTHER CONSIDERATIONS: none
CONFORMITY TO CITY POLICY:Funds must be appropriated prior to them being spent.
EMERGENCY / NON-EMERGENCY: Non-emergency
DEPARTMENTAL CLEARANCES:
Legal, Finance
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 2,900,000 2,900,000
BALANCE 2,900,000 2,900,000
Fund(s): State HOT Fund 1032
Comments:none
RECOMMENDATION:
Staff recommends approval of this request
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Attachment – Fund 1032 Budget
Ordinance appropriating $2.9 million in estimated revenues from the State
hotel tax revenue in the No. 1032 State Hotel Occupancy Tax Fund to be
used for beach and bayfront maintenance, and safety and protection
activities; amending the FY 2015-16 Operating Budget adopted by
Ordinance No. 030620 by increasing expenditures by $2,900,000
Whereas, in 2015, the Texas Legislature approved House Bill 1915 (“HB 1915”) to
allocate a portion of the state hotel occupancy tax revenue to Corpus Christi, to be
effective October 1, 2015;
Whereas, HB 1915 provides that the revenues may be used to (1) clean and maintain
public beaches in the municipality; (2) for an erosion response project in the
municipality; and (3) to clean and maintain bay shores owned by the municipality or
leased from the state;
Now therefore, be it ordained by the City Council of the City of Corpus Christi,
Texas:
SECTION 1.That $2.9 million in estimated revenues from the State hotel tax revenue
received pursuant to HB 1915 is appropriated in the No. 1032 State Hotel Occupancy
Tax Fund to be used for beach and bayfront maintenance, and safety and protection
activities.
SECTION 2. That the FY 2015-16 Operating Budget adopted by Ordinance No. 030620
is changed by increasing expenditures by $2,900,000.
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 ____________
Michael Hunter ____________Mark Scott ____________
Chad Magill ____________Carolyn Vaughn ____________
Colleen McIntyre ____________
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 ____________
Michael Hunter ____________Mark Scott ____________
Chad Magill ____________Carolyn Vaughn ____________
Colleen McIntyre ____________
PASSED AND APPROVED, this the ______th day of ___________, ______.
ATTEST:
_______________________________________________________________
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Attachment A
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of March 29, 2016
Second Reading for the City Council Meeting of April 12, 2016
DATE:February 17, 2016
TO:Ronald L. Olson, City Manager
FROM:Dan McGinn, AICP CFM, Interim Director, Development Services
DanielMc@cctexas.com
(361) 826-3595
CAPTION:
Ordinance authorizing the City Manager or his designee to execute a License for Street
Right of Way Use with the B-Y 4918 Ayers, LTD. (“Licensee”) to construct a parking lot
expansion project to better serve the needs of Ayers Plaza Shopping Center tenants in
full compliance with the City of Corpus Christi and with the approval of the Texas
Department of Transportation, subject to the Licensee’ compliance with specified
conditions.
PURPOSE:
The purpose of this License for Street Right of Way Use is to better serve the needs of
the Ayers Plaza Shopping Center tenants. This License for Street Right of Way Use will
be for the Personal use of the Licensee; or until Texas Department of Transportation
requires its usage.
BACKGROUND AND FINDINGS:
B-Y 4918 Ayers, LTD. (“Licensee”) desires to construct a parking lot expansion project.
The parking lot area occupies approximately 16,938.25 SF, (0.39 Acre) of the road
R.O.W. Staff recommends that the Licensee pay ten annual payments of $5,000.00 for
a total of $50,000.00 for this License for Street Right of Way Use of the Ayers Street
public right-of-way.
ALTERNATIVES:
Deny the request of a License for Street Right of Way Use.
OTHER CONSIDERATIONS: Not applicable
Authorizing a License for Street Right of Way Use to construct a parking lot expansion
project to better serve the needs of Ayers Plaza Shopping Center tenants
CONFORMITY TO CITY POLICY:
City Charter Article IX, Section 1, requires City Council approval for use of any portion
of public right-of-way for private purposes. Ordinance 026217, Section 3. Section. 49-
61.
EMERGENCY / NON-EMERGENCY: Non-Emergency
DEPARTMENTAL CLEARANCES:
All public and franchised utilities were contacted. None of the City departments or
franchised utility companies objects regarding the proposed License for Street Right of
Way Use as long as the work is limited to flat work and the a parking lot use, provided
the applicant meets the specified conditions set out in this License for Street Right of
Way Use.
FINANCIAL IMPACT:
□ 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 $5,000.00
annual term
payments of
$45,000.00 $50,000.00
BALANCE $5,000.00 $45,000.00 $50,000.00
Fund(s):
Comments:Annual term payments of $5,000.00 for a total payment of $50,000.00
RECOMMENDATION:
Staff recommends approval and adoption of the ordinance. Owners must comply with all
the following specified conditions of the ordinance:
a. In exchange for the City’s authorization for use of the public right-of-way by
the Licensee for the stated purpose, the Licensee agrees to pay ten annual
payments of $5,000.00 for a total of $50,000.00
b. All costs incurred to install, operate, maintain, repair, and remove the parking
lot expansion is the sole responsibility of the Licensee.
LIST OF SUPPORTING DOCUMENTS:
Ordinance with Exhibits
Ordinance - 4918 Ayers Street612 Page 1 of 3
Ordinance authorizing the City Manager or his designee to execute a
License for Street Right of Way Use with the B-Y, LTD (“Licensee”) to
construct a parking lot expansion project to better serve the needs of
Ayers Plaza Shopping Center tenants in full compliance with the City
of Corpus Christi and with the approval of the Texas Department of
Transportation, subject to the Licensee’ compliance with specified
conditions.
WHEREAS, B-Y 4918 Ayers, LTD. (“Licensee”), desires to install, operate, and
maintain, the parking lot expansion adjacent to the Ayers Plaza Shopping Center.
WHEREAS, the Licensee has requested, and the City of Corpus Christi (“City”) desires
to extend, a ten annual payments of $5,000.00 for a total of $50,000.00 for this License
for Street Right of Way Use (“License”), in order to accomplish the purpose and use
intended by the Licensee within the public right-of-way.
WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council
authorizes the City Manager or his designee to enter into the License for the benefit of
the City and the Licensee, subject to the Licensee’ compliance with the specified
provisions of the License for Street Right of Way Use.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee (“City Manager”), is authorized to
execute a ten annual payments of $5,000.00 for a total of $50,000.00 for this License
for Street Right of Way Use (“License”) with the B-Y 4918 Ayers, LTD. (“Licensee”) to
allow the Licensee to construct a parking lot expansion project to better serve the needs
of the Ayers Plaza Shopping Center tenants in full compliance with the City of Corpus
Christi and with the approval of the Texas Department of Transportation , at all times
subject to the Licensee’ compliance with the conditions specified in the License. A copy
of this License for Street Right of Way Use is attached to this ordinance, the terms and
content of such License being incorporated by reference into this ordinance as if fully
set out herein in their entirety.
SECTION 2. Indemnification. By its acceptance of this license, the Licensee
covenants and agrees fully to indemnify and hold harmless the City and the elected
officials and officers and employees of the City, individually or collectively, from and
against any and all costs, claims, liens, damages, losses, expenses, fees, fines,
penalties, proceedings, actions, demands, causes of action, liability, and suits of any
kind and nature, including but not limited to, personal injury or death and property
damage, made upon the City, directly or indirectly arising out of, resulting from or
related to Licensee’s activities under this license, including any acts or omissions of
Licensee, and any respective agent, officer, director, representative, employee,
consultant, or sub-licensee of Licensee, and their respective officers, agents,
employees, directors and representatives while in the exercise or performance of the
rights or duties under this license, all without, however, waiving any governmental
immunity available to the City under Texas law and without waiving any defense of the
parties under Texas law. The provisions of this indemnification are solely for the benefit
Ordinance - 4918 Ayers Street612 Page 2 of 3
of the parties to this license and are not intended to create or grant any rights,
contractual or otherwise, to any other person or entity. Licensee shall promptly advise
the City in writing of any claim or demand against the City or Licensee known to the
Licensee related to or arising out of Licensee’s activities under this license and shall see
to the investigation and defense of the claim or demand at Licensee’s cost. The City
shall have the right, at its option and at its own expense, to participate in the defense
without relieving Licensee of any of its obligations under this paragraph. The City shall
cooperate with Licensee in the defense of all claims, proceedings, actions, and suits
subject to this indemnification. This indemnification shall not extend to any costs,
claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions,
demands, causes of action, liability, or suit to the extent they directly or indirectly arise
out of, result from or relate to the negligent or wrongful acts or omissions of City or its
officers, agents, employees, representatives, consultants, or contractors. This
indemnification survives the termination or expiration of this license.
SECTION 3. The License authorized in Section 1 of this ordinance is subject to the
Licensees’ compliance with the conditions of the License including, but not limited to,
the provisions specified below:
a. In exchange for the City’s authorization for use of the public right -of-way by
the Licensee for the stated purpose, the Licensee agrees to pay ten annual
payments of $5,000.00 for a total of $50,000.00
b. All costs incurred to install, operate, maintain, repair, and remove the parking
lot expansion is the sole responsibility of the Licensee.
Ordinance - 4918 Ayers Street612 Page 3 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
Michael Hunter
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
Michael Hunter
PASSED AND APPROVED this the day of , 20___.
ATTEST:
Rebecca Huerta Nelda Martinez
City Secretary Mayor
License for Street Right of Way Use – Ayers Plaza Page 1 of 8
License for
Street Right Of Way Use
STATE OF TEXAS §
§
COUNTY OF NUECES §
This right of way license (“License”) is entered into by and between the City of Corpus
Christi (“City”), a Texas home-rule municipal corporation, and B-Y 4918 Ayers, LTD
(“Licensee”), property owner of 4918 Ayers St, Corpus Christi, Texas, 78415, whose
business address is 4629 Marco, San Antonio, Texas, 78218-5420.
In accordance with Article IX, Section 1 , of the City’s City Charter and in consideration
of a fee of Forty Six thousand and nine Hundred and fifty three Dollars ($46,953.00)
payable by Licensee in ten annual installment payments of $5,000, each subsequent
payment due on the first through ninth anniversaries of this agreement, to account for
the fee plus appropriate and lawful interest in a total amount of $50,000, the receipt of
the first payment of $5,000 which is acknowledged, the City has granted and conveyed,
and by these presents does grant and convey to Licensee, for the term and upon the
conditions stated in this License, a License for Street Right of Way Use to allow the
Licensee to construct a parking lot expansion project t o better serve the needs of Ayers
Plaza Shopping Center tenants in full compliance with the City of Corpus Christi and
with the conditional approval letter dated 04-13-15 Exhibit D of the Texas Department of
Transportation, at all times subject to the Licensee’ compliance with the conditio ns
specified in this License, as shown in Exhibit “A” (Location Map), Exhibit “B” (Plan View)
are attached to this License and incorporated into this License by reference as if fully
set out herein in their entirety. The area in which the License is granted for the location
of the Licensee’s Parking Lot is referred to in this License as the “License Area.”
TO HAVE AND TO HOLD the same granted unto Licensee, its successors, and
assigns, together with the right under the conditions specified in this License, to at any
time enter upon the above described License Area to install, operate, maintain, repair,
or remove Licensee’s Parking Lot, and being further understood that the License
granted by this License is subject to the Licensee’s compliance at all times with the
following conditions, the City and Licensee agree as follows:
A. This License, and the rights granted under the License, may be revoked at
any time by the City upon providing the Licensee not less than 30 calendar
days’ notice in writing by the City’s City Manager, or his designee (“City
Manager”). In the event of a revocation by the City Manager or earlier
termination of this License by either party, any unpaid portion of the $50,000
due under this License is forgiven by the City to the Licensee, but such
portion already paid to City is not refundable to the Licensee.
License for Street Right of Way Use – Ayers Plaza Page 2 of 8
B. This License is perpetual unless the Licensee or the City or Texas DOT
provides written notice of intent to amend or terminate this License.
C. This License may not be assigned by Licensee without the City Manager’s
prior written consent.
D. The Licensee shall acquire and maintain at all times for the term of this
License insurance coverage pertaining to the License Area granted under this
License and the activities authorized by this License. The types of required
insurance coverage’s must be in the minimum amounts set forth in the
attached Exhibit “C,” the substantive content of Exhibit “C” being incorporated
by reference into this License as if fully set out here in its entirety. The
insurance policies must name the City as an additional insured and may not
be canceled, renewed, or materially changed by Licensee unless at least ten
(10) days advance written notice has been provided to the City. Upon the City
Manager’s or his designee written request, Licensee shall provide copies of
all requested insurance policies to the City’s City Attorney.
E. Should construction be deemed necessary by Licensee in the License Area,
construction plans and specifications for all proposed work shall be submitted
in advance by the Licensee to the City’s City Engineer for approval prior to
beginning the construction process. The plans must show the depth, and
location of the proposed construction and distance from existing water, storm
water, wastewater, and gas lines. The Licensee shall also comply with any
other laws, rules, regulations, and ordinances applicable to construction in the
City and in the public right-of-way, including obtaining all required permits.
F. Prior to the start of any approved construction, Licensee shall require every
contractor and subcontractor to provide a Certificate of Insurance reflecting
insurance in coverage amounts as set forth in Exhibit “C.” Additionally,
Licensee shall require their contractors and subcontractors to indemnify the
City, its officers, officials, employees, representatives, agents, and invitees in
the same manner that Licensee has provided indemnification to the City
pursuant to this License.
G. Licensee shall provide all necessary and proper safety devices so as to
prevent injuries or accidents in the License Area, in as much as possible.
H. At least 48 hours prior to beginning any approved construction, Licensee shall
contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800-669-
8344), and any other required agency or authority. Additionally, at least 48
hours prior to beginning any approved construction, Licensee shall give notice
and verify depth and location of communication lines or communication
fiber optic cables, whichever is applicable, to the following:
License for Street Right of Way Use – Ayers Plaza Page 3 of 8
City Utility Departments, including Water, Storm water, Wastewater and
Gas;
American Electric Power (AEP);
American Telephone and Telegraph (AT&T);
CenturyTel;
Time Warner;
Grande Communications; and
Any and all other certified telecommunications providers.
A City inspector may request a utility line be uncovered to verify its depth or
location.
I. Any construction process and use of the License Area by Licensee shall not
interfere with the construction, installation, operation, maintenance, repair,
removal or replacement by the City or any of its agents, contractors, or
franchisees of any existing or future proposed sidewalks, utility lines, or other
uses. If the City or any franchisee with utilities currently located in said public
right-of-way needs access to the right-of-way, Licensee shall pay for
removing the Parking Lot in the License Area to allow access to utility lines for
maintenance, repair, removal, or replacement of the utility lines. The
Licensee shall repair the License Area to its original condition or cease to use
the License Area, at which time this LICENSE terminates immediately.
J. Traffic Engineer requirements pertaining to this License, if applicable in
context:
1. At least 48 hours prior to commencing any approved construction, the
Licensee shall file and obtain approval for a traffic control plan with the
City’s Traffic Engineer. No closure or barricading of a public right-of-way
or any portion of a public right-of-way may occur before approval of the
traffic control plan and, if applicable, approval of a detour or barricade plan
has been obtained from the City’s Traffic Engineer.
2. Should Licensee require a trench, pit, or similar excavation be dug during
approved construction, the Licensee shall file and obtain approval for
barricading said trench, pit, or excavation in accordance with the Texas
Manual on Uniform Traffic Control Devices from the City’s Traffic
Engineer. [See paragraph “P” of this License for additional requirements
regarding trenches, pits and similar excavations.]
K. If, as determined by the City Manager, damage occurs to any gas, water,
storm water, or wastewater line, Licensee shall allow the City immediate
access to the License Area to perform an assessment, make repairs, or take
any other action deemed necessary by the City. Determination of the extent
of damage and repairs necessary to restore the utility line(s) shall be made by
the City Manager. All costs of the City associated with said damage and
License for Street Right of Way Use – Ayers Plaza Page 4 of 8
repair, including labor and materials, shall be paid by Licensee within 30 days
of the City’s invoice.
L. Should construction become necessary near existing water or wastewater
lines, Licensee shall take every precaution not to disturb the soil surrounding
any such lines, including all thrust blocks.
M. If any approved work is conducted near any existing water main, it shall be
done under the inspection of a City inspector at a daily rate of three-hundred
ten dollars and thirty-five cents ($310.35) for each day spent inspecting
construction, installation, maintenance, repair, removal, or replacement in the
License Area. A half-day, being four hours or more of work time by the City
inspector, constitutes a whole working day for purposes of calculation. Any
time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall
be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18)
per hour. Any assessed inspection fees shall be paid by the Licensee to the
appropriate City department within 30 days of the City’s invoice. These
amounts will be adjusted annually each year on August 1 to reflect any pay
increases that may be attributable to the rates charged.
N. The parties acknowledge that the Parking Lot is not owned by the City. At
any and all times Licensee shall be solely responsible for the repair and
maintenance of the Parking Lot and License Area, including any costs
associated with damage occurring due to natural weather
elements/occurrences or man-made forces. Should damage occur to the
Parking Lot or License Area, regardless of the type of damage, Licensee shall
repair the damage upon notice by the City. Failure to so repair terminates
this License without any further action needed on the part of the City.
O. Licensee shall repair, or cause to be repaired, any damage to driveways,
culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other
structure, public or private, resulting from or caused by reason of
construction, installation, maintenance, repair, removal, replacement or
operation of the Parking Lot and License Area.
P. If a trench, pit, or other excavation is required during approved construction,
no trenches, pits, or other excavation, other than bore pits, shall be left open
overnight, except as specifically authorized by the City’s Director of
Development Services and City’s Engineer. Bore pits are not allowed open
for a period of longer than 14 calendar days, regardless of location. All
trenches, pits, or other excavations, other than bore pits, shall be backfilled by
the Licensee promptly and in accordance with current City standards and
specifications and as per the City inspector’s request. All trenches, pits, and
other excavations, including bore pits, shall be barricaded by the Licensee in
accordance with the Texas Manual on Uniform Traffic Control Devices and as
License for Street Right of Way Use – Ayers Plaza Page 5 of 8
approved by the City’s Traffic Engineer. [See paragraph “J.2.” for additional
requirements pertaining to trenches, pits, and other excavations.]
Q. If backfilling becomes necessary, all backfill, specifically including that in and
around existing utilities, shall be made by Licensee according to current City
standards and specifications and as required by a City inspector.
R. Use of the Parking Lot authorized by this License is strictly limited to providing
service to the Ayers Plaza Shopping Center, located at 4918 Ayers St., in the
License Area.
S. INDEMNIFICATION. By its acceptance of this license, the Licensee
covenants and agrees fully to indemnify and hold harmless the City and
the elected officials and officers and employees of the City, individually
or collectively, from and against any and all costs, claims, liens,
damages, losses, expenses, fees, fines, penalties, proceedings, actions,
demands, causes of action, liability, and suits of any kind and nature,
including but not limited to, personal injury or death and property
damage, made upon the City, directly or indirectly arising out of,
resulting from or related to Licensee’s activities under this license,
including any acts or omissions of Licensee, and any respective agent,
officer, director, representative, employee, consultant, or sub-licensee
of Licensee, and their respective officers, agents, employees, directors
and representatives while in the exercise or performance of the rights or
duties under this license, all without, however, waiving any
governmental immunity available to the City under Texas law and
without waiving any defense of the parties under Texas law. The
provisions of this indemnification are solely for the benefit of the parties
to this license and are not intended to create or grant any rights,
contractual or otherwise, to any other person or entity. Licensee shall
promptly advise the City in writing of any claim or demand against the
City or Licensee known to the Licensee related to or arising out of
Licensee’s activities under this license and shall see to the investigation
and defense of the claim or demand at Licensee’s cost. The City shall
have the right, at its option and at its own expense, to participate in the
defense without relieving Licensee of any of its obligations under this
paragraph. The City shall cooperate with Licensee in the defense of all
claims, proceedings, actions, and suits subject to this indemnification.
This indemnification shall not extend to any costs, claims, liens,
damages, losses, expenses, fees, fines, penalties, proceedings, actions,
demands, causes of action, liability, or suit to the extent they directly or
indirectly arise out of, result from or relate to the negligent or wrongful
acts or omissions of City or its officers, agents, employees,
representatives, consultants, or contractors. This indemnification
survives the termination or expiration of this license.
License for Street Right of Way Use – Ayers Plaza Page 6 of 8
T. All signatories signing this License warrant and guarantee that they have the
authority to act on behalf of the entity represented and make this License
binding and enforceable by their signatures.
U. Unless otherwise stated in this License, any notice required or permitted to be
given under this License must be in writing and sent by certified mail, return
receipt requested to the following addresses:
If to Licensee: B-Y 4918 Ayers, LTD
4629 Marco Drive
San Antonio, TX 78218-5420
If to the City: City of Corpus Christi
Attn: Director, Development Services Department
P. O. Box 9277
Corpus Christi, TX 78469-9277
Any party shall, by notice to the others in accordance with the provisions of
this paragraph, specify a different address or addressee for notice purposes
within 10 days of any address change.
V. This License shall be construed under and in accordance with the laws of the
State of Texas, and all obligations of the parties created pursuant to this
License are performable in Nueces County, Texas. Venue for all actions
arising from, out of, or related to this License must be brought in Nueces
County, Texas.
W. The Licensee further agrees, in compliance with the City of Corpus Christi
Ordinance No. 17112, to complete, as part of this License, the completed
“Disclosure of Interests” form is attached and incorporated by reference into
this License as Exhibit “E” as if set out here in their entireties..
X. This instrument, including exhibits, constitutes the entire License between the
City and the Licensee, and no prior written, oral, or contemporaneous
promises, warranties, or representations shall be binding upon any parties.
This License may only be amended by written instrument signed by authorized
representatives of the City and Licensee, approved by Texas DOT and
approved as required by City law.
License for Street Right of Way Use – Ayers Plaza Page 7 of 8
EXECUTED IN DUPLICATE this day of , 20 .
B-Y 4918 Ayers, LTD
Date
, President
Board of Trustees
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2015, by
, President, B-Y 4918 Ayers, LTD, on behalf of
said Corporation.
Notary Public’s Signature
License for Street Right of Way Use – Ayers Plaza Page 8 of 8
ATTEST: CITY OF CORPUS CHRISTI
By:
City Secretary Daniel M. Grimsbo, P.E.
Director, Development Services Department
Approved as to legal form: , 2015
Julian Grant
Senior Assistant City Attorney
for the City Attorney
STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2015, by
Daniel M. Grimsbo, P.E., as Director, Development Services Department, of the City of
Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation.
Notary Public’s Signature
1
Vicinity Map
2
Aerial
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of March 29, 2016
Second Reading Ordinance for the City Council Meeting of April 12, 2016
DATE:March 8, 2016
TO:Ronald L. Olson, City Manager
THRU:Mark Van Vleck, Assistant City Manager
MarkVV@cctexas.com
(361) 826-3082
Valerie H. Gray, P. E., Executive Director of Public Works
valerieg@cctexas.com
(361) 826-3729
FROM:J. H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
CAPTION:
Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I – One Way
Streets and Alleys by changing the portion of Third Street between Elizabeth Street and Morgan
Avenue from a one-way traffic pattern to a two-way traffic pattern.
PURPOSE:
This ordinance amendment would change the one-way traffic designation along one block of Third
Street between Morgan Avenue and Elizabeth Street.
BACKGROUND AND FINDINGS:
Christus Spohn Health System received approval from the Nueces County Hospital District in
2014 to expand its existing Christus Spohn Shoreline (Spohn) campus. As part of the expansion,
architectural improvements include creating a gateway to the new campus to provide better
access for patients, visitors and employees. Spohn abuts several City streets including Morgan
Avenue, Ocean Drive, Elizabeth Street and Third Street. The gateway entry into Spohn will
connect to both Third Street and Elizabeth Street.
Approximately six blocks of Third Street, from Del Mar Boulevard to Hancock Avenue, is
designated as one-way traffic flow in north direction. Spohn abuts Third Street within those limits
Changing a Portion of the One-Way Designation Along Third Street
(Between Morgan Avenue and Elizabeth Street)
along the block between Morgan Avenue and Elizabeth Street. The change of the north one-way
designation along the segment of Third Street between Morgan Avenue and Elizabeth Street will
allow two-way flow of traffic which complements Spohn’s gateway enhancements.
The DeShazo Group, Inc., on behalf of Spohn, performed a Traffic Impact Analysis (TIA). It
addressed Spohn’s requested change of the north one-way designation of Third Street between
Morgan Avenue and Elizabeth Street. TIA also addressed existing and projected traffic volumes,
level of service of surrounding intersections and pedestrian safety. In summary, the TIA
concluded the streets and intersections surrounding the hospital would continue to meet City
requirements for satisfactory level of service. The proposed change of the north one-way
designation along Third Street would improve hospital access without creating any traffic
operational problems. A proposed conversion of signalized intersection on Elizabeth Street at
Third Street to all-way STOP was also deemed acceptable.
The City’s Transportation Advisory Commission recommended approval of the proposed
ordinance amendment during its monthly meeting held on October 26, 2015.
Christus Spohn Health System held two community meetings about Third Street, on March 3,
2016. They covered expansion of Spohn as well as Third Street proposal. The neighboring
businesses and residents raised no major concerns. The proposed two-way street on Third Street
would not remove on-street parking.
The change would become effective when signs indicating the north one-way designation of traffic
are removed per City Ordinance Section 53-104.
ALTERNATIVES:
Not applicable
OTHER CONSIDERATIONS:
Not applicable
CONFORMITY TO CITY POLICY:
This item conforms to the City Charter requirements to amend the Code of Ordinances.
EMERGENCY / NON-EMERGENCY:
Non-Emergency
DEPARTMENTAL CLEARANCES:
Engineering Services, Development Services
FINANCIAL IMPACT:
□ Operating □ Revenue □ Capital ⾙ 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
COMMENTS:None
RECOMMENDATION:
Staff recommends approval of this ordinance amendment.
LIST OF SUPPORTING DOCUMENTS:
Presentation
Ordinance
Location Map
Ordinance - Spohn Page 1 of 2
Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule
I – One Way Streets and Alleys by changing the portion of Third Street between
Elizabeth Street and Morgan Avenue from a one-way traffic pattern to a two-way
traffic pattern
Be it ordained by the City Council of the City of Corpus Christi, Texas:
SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section
53-250 Schedule I – One-way streets and alleys, subsection (a) is revised regarding the
one-way designation for portions of Third Street.
“Sec. 53-250. - Schedule I—One-way streets and alleys.
(a) In accordance with section 53-104 and when properly signposted, traffic shall move
only in the direction indicated upon the streets and alleys set out in this section. All
streets designated as one-way during school days shall be one-way only between
those hours established by the city manager, or such officers or employees of the city
designated by the city manager, so as to be compatible with school hours and when
so indicated by signs.
Street or Portion of Street Direction
of Traffic
…
Third Street, between Del Mar Boulevard and Hancock Ayers Street North
Third Street, between Morgan Avenue and Hancock Avenue North
…
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.
ATTEST: CITY OF CORPUS CHRISTI
________________________ __________________________
Rebecca Huerta Nelda Martinez
City Secretary Mayor
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of , 2016, by the following vote:
Nelda Martinez Brian Rosas
Rudy Garza Lucy Rubio
Michael Hunter Mark Scott
Chad Magill Carolyn Vaughn
Colleen McIntyre
That the foregoing ordinance was read for the second time and passed finally on this the
day of , 2016, by the following vote:
Nelda Martinez Brian Rosas
Rudy Garza Lucy Rubio
Michael Hunter Mark Scott
Chad Magill Carolyn Vaughn
Colleen McIntyre
PASSED AND APPROVED, this the day of , 2016.
ATTEST:
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Ordinance - Spohn Page 2 of 2
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CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 OF 1
LOCATION MAP
NOT TO SCALE
PROJECT LOCATION
PROJECT LOCATION
Council Presentation
March 29, 2016
Removing One-Way Traffic Flow Along Third Street
(Morgan Ave. to Elizabeth St.)
1
2
Location Map
CHRISTUS SPOHN
SHORELINE
DOWNTOWN
3
Vicinity Map
CHRISTUS SPOHN
SHORELINE
DOWNTOWN
Transportation/Traffic Engineering Enhancements
•Removal of One-Way Designation Along Third Street, Between
Morgan Ave. and Elizabeth St. (Ordinance Amendment)
•Improved Access and Safety Enhancements for Patients, Visitors
and Employees
•New Parking
•Replacing Signalized Intersection at Third St. & Elizabeth St. Into
an All-Way STOP Intersection
4
Project Scope
Proposed CHRISTUS Spohn Shoreline Hospital Expansion
5
Project Site Plan
Proposed “Gateway”- Hospital Entry (Elizabeth Street)
6
Project Site Plan
Findings & Recommendations :
•Remove the One-Way Designation Along Third St. (Morgan Ave.
to Elizabeth St.) (Ordinance Amendment)
•Convert the Signalized Intersection at Third St. & Elizabeth St. into
an All-Way STOP Intersection
•Hospital Expansion Will Not Adversely Affect Existing Traffic
Flow Around the Surrounding Streets
•Level of Service (LOS) Meets Current City Requirements
•Improved Pedestrian Access
7
Traffic Impact Analysis (TIA)
8
Project Schedule
Proposed Spohn Hospital Expansion Timeline:
•Design Phase: January 2015 – May 2016
•Construction Phase: December 2015 – December 2018
*The Proposed Ordinance Amendment Will Become Effective When
Existing ONE-WAY Signs Along Third Street Are Removed
DATE:March 23, 2016
TO:Ronald L. Olson, City Manager
THRU:Mark Van Vleck, P.E., Assistant City Manager
MarkVV@cctexas.com
(361) 826-3082
FROM:Valerie H. Gray, P.E., Executive Director, Public Works
ValerieG@cctexas.com
(361) 826-3729
J. H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Execute Advance Funding Agreement and Construction Contract
Packery Pointe Intersection Improvements Park Road 22 at Aquarius Re-Bid #2
CAPTION:
Ordinance authorizing the City Manager, or designee, to execute an Advance Funding Agreement (AFA) with
the Texas Department of Transportation (TXDOT) with a required payment to TXDOT in the amount of $8,700;
and to execute a construction contract with D & G Energy Corporation of McAllen, Texas in the amount of
$773,738.75 for the Packery Pointe Intersection Improvements Park Road 22 at Aquarius Re-Bid #2 for Total
Bid Part A and Part B for installation of a new signal and roadway improvements. (Bond 2014)
PURPOSE
The purpose of this Agenda Item is to execute an AFA with TXDOT for installation of roadway operation
improvements on TXDOT right of way and to execute a construction contract with D & G Energy Corporation to
construct the proposed improvements.
BACKGROUND AND FINDINGS:
This new Traffic Signal was planned under the Bond 2014 Proposition 2 – TXDOT Participation. The project is
partially funded by the Developer of the new Packery Point Subdivision and the Bond project.
Bond 2014 Brochure Language: “This project provides funding for the City’s local share of costs on
constructing projects leveraged with Texas Department of Transportation.”
This project is proposed to provide a new 4-way signalized intersection to address public safety for the existing
3-way Park Road 22 / Aquarius intersection, and the new Packery Pointe Subdivision Development on the
north side of Park Road 22.
AGENDA MEMORANDUM
First Reading for the City Council Meeting of March 29, 2016
Second Reading for the City Council Meeting of April 12, 2016
The current Park Road 22 and Aquarius intersection is a 3-way intersection. Aquarius currently extends only
to the south. Traffic from Aquarius entering Park Road 22 is restricted to right turns to the east only. Drivers
wanting to turn left from the south side are making dangerous and illegal unprotected two-lane crossings to
access U-turns. The new Packery Point Development on the north side extending Aquarius to the north for the
new Packery Pointe Drive will create a 4-way intersection.
This project will reconstruct the intersection altering the median to allow protected left turns from both the north
and south across Park Road 22. The existing Park Road 22 left turn bay will be extended allowing additional
stacking off the through lane. The intersection will also revise the access road to Day and Night Boardwalk
Shopping Center restricting access to Park Road 22; only exiting from Park Road 22 will be allowed. The new
signalized intersection will allow signalized left turns from both directions of Aquarius onto and from Park Road
22.
The project is within TXDOT right of way and TXDOT requires an Advanced Funding Agreement to authorize
the construction and TxDOT administration. City Council approval of the AFA will enable the City to reimburse
TXDOT in the amount of $8,700 for these services.
City Council approved the Developer Agreement to share the cost of this project with the area developer, TBD-
Q Packery Pointe, LP (Developer), on August 25, 2015. The City has received the agreed $420,000. The
Developer shared cost based on the improvements on the north side (Packery Point) and shared cost for the
median of Park Road 22 to include extension of the left turn bay into Packery Point. Per the agreement, the
Developer was responsible for all design costs associated with the project. The City is responsible for bidding
and construction implementation including any additional construction cost.
This project has required City advertising three separate times to receive adequate competition and fair pricing.
The following is the bid summary:
1) First bid date was October 21, 2015 – no bids were received. Project advertised in Caller Times,
posted on state wide web listing with Civcast and specific notifications to local contractors.
2) Second time was a rebid on November 18, 2015. Only one bid was received and rejected as the
proposed cost substantially exceeded the estimates and available funds. Staff implemented significant
outreach to encourage more competition prior to the bids and also followed up after the single bid.
Based on the discussions with the construction contractors and vendors (signal), it was determined that
the combination of the traffic signal and the roadway improvements to TxDOT standards was driving
costs and limiting competition. Therefore, the project was re-developed in two separate packages for
Traffic Signal and Roadway improvements under a Part A and Part B respectively. Contractors could
submit for one or both parts.
3) The third bid date was March 2, 2016. Four (4) bids proposals were received and are as follows:
Contractor Total Bid, Part A
(Signals)
Total Bid, Park B
(Roadwork)
Ortiz Construction Paving Inc.
Corpus Christi, Texas 565,131.00 330,763.00
D & G Energy Corporation
McAllen, Texas 488,677.25 285,061.50
EZ Bell Construction
Corpus Christi, Texas 642,490.80 387,863.50
Austin Traffic
Corpus Christi, Texas 1,032,933.85 277,732.20
Two of the bid proposals were missing the signature page of the Bid
Acknowledgment Form.
The Bid Acknowledge Form must be signed for the City to enforce the contractor’s bid and bid bond. Without
the signed form from an authorized company representative the bid bond is not enforceable and of no value.
Therefore, the City’s Legal Department has determined the bids submitted by EZ Bell Construction and Austin
Traffic are deemed non-responsive and are rejected.
Therefore, the lowest responsive bid for both parts was submitted by D & G Energy Corporation of McAllen,
Texas.
ALTERNATIVES:
1. Execute the Construction Contract for the Total Bid, Part A (Signals) and Total Bid, Part B (Roadwork)
with D & G Energy Corporation as proposed. (Recommended).
2. Do not execute the Construction Contract for the Total Bid, Part A (Signals) and Total Bid, Part B
(Roadwork) with D & G Energy Corporation as proposed. (Not Recommended).
OTHER CONSIDERATIONS:
In an effort to reduce costs, the signal equipment was ordered and paid for by the City and will be installed by
the contractor.
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding Request for Bids process; FY 2015-2016 Capital Budget.
EMERGENCY / NON-EMERGENCY:
Not applicable
DEPARTMENTAL CLEARANCES:
Street Department
FINANCIAL IMPACT:
□ Operating □ Revenue X Capital □ Not applicable
Fiscal Year
2015-2016
Project to Date
Expenditures
(CIP only)
Current Year Future Years TOTALS
Line Item Budget $920,195 $920,195
Encumbered/Expended
Amount 47,688 47,688
This item (Construction)773,739 773,739
This item (AFA/TxDOT)8,700 8,700
Future Anticipated
Expenditures This Project 90,068 90,068
BALANCE 0.00 0.00
Fund(s): Park CIP Funds
Comments:The Construction Contract will result in the expenditure of an amount not to exceed $773,739 and
the project is estimated to be complete in nine months from the issuance of the Notice to Proceed.
RECOMMENDATION:
City Staff recommends the approval of the Construction Contract for Total Bid, Part A (Signals) and Total Bid,
Part B with D & G Energy Corporation of McAllen Corporation.
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Advance Funding Agreement
Location Map
Presentation
Form 1295
ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE,
TO EXECUTE AN ADVANCE FUNDING AGREEMENT (AFA) WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) WITH A
REQUIRED PAYMENT TO TXDOT IN THE AMOUNT OF $8,700; AND
TO EXECUTE A CONSTRUCTION CONTRACT WITH D & G ENERGY
CORPORATION OF MCALLEN, TEXAS IN THE AMOUNT OF
$773,738.75 FOR THE PACKERY POINTE INTERSECTION
IMPROVEMENTS PARK ROAD 22 AT AQUARIUS RE-BID #2 FOR
TOTAL BID PART A AND PART B FOR INSTALLATION OF A NEW
SIGNAL AND ROADWAY IMPROVEMENTS. (BOND 2014)
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 an Advance
Funding Agreement (AFA) with the Texas Department of Transportation (TXDOT) for
the Packery Point intersection improvements along Park Road 22 at Aquarius to include
a new signal and roadway improvements
SECTION 2. Approval of the AFA authorizes local participation in the amount of $8,700
for TXDOT plan review and is payable to TXDOT upon approval of the AFA.
SECTION 3.The City Manager or designee is authorized to execute a construction
contract in the amount of $773,738.75 between D & G Energy Corporation of McAllen,
Texas and the City of Corpus Christs to result in signal and roadway improvements at
the Packery Pointe intersection on Park Road 22 and Aquarius.
ATTEST THE CITY OF CORPUS CHRISTI
________________________________________________
Rebecca Huerta Nelda Martinez
City Secretary Mayor
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _____ day of ___________, 2016, by the following vote:
Nelda Martinez ____________Brian Rosas ___________
Rudy Garza ____________Lucy Rubio ___________
Michael Hunter ____________Mark Scott ___________
Chad Magill ____________Carolyn Vaughn ___________
Colleen McIntyre ____________
That the foregoing ordinance was read for the second time and passed finally on this
the _______ day of _______________, 2016, by the following vote:
Nelda Martinez ____________Brian Rosas ___________
Rudy Garza ____________Lucy Rubio ___________
Michael Hunter ____________Mark Scott ___________
Chad Magill ____________Carolyn Vaughn ___________
Colleen McIntyre ____________
PASSED AND APPROVED, this the ______ day of ___________, 2016.
ATTEST THE CITY OF CORPUS CHRISTI
________________________________________________
Rebecca Huerta Nelda Martinez
City Secretary Mayor
PROJECT BUDGET
Traffic Signal Improvements Agreement
Park Road 22 and Aquarius Intersection and Roadway Improvements
PROJECT FUNDS AVAILABLE:
Developer Contribution………………..………………………...………………………...……………...420,000.00
City Share (Street Bond 2014 TxDot Participation)…………………………………………………….……………………500,195.00
Total Funds Available……………………….………………………………………………………..920,195.00
Construction Fees:
Construction - D & G Energy Corporation (THIS ITEM) ……………………………………………………………773,738.75
TxDOT Review (THIS ITEM)…………………………………………………………………………………………………..8,700.00
Contingency (5%)…………………………………………....……………………………………….38,686.94
Pelco (Signal Purchase)………………………………..…………………………………………….47,688.00
Construction Inspection…………………………………………………………………………21,169.00
Construction Material Testing (Estimate)…………………...…………………………………….6,000.00
Reimbursements:
Total Reimbusements:…………………….……………………………………………………………24,212.00
Administration/Finance (Capital Programs/Capital Budget/Finance)……………………….7,737
Engineering Services (Project Mgmt) …………………………………………………………………………….15,475
Misc…………………………………………………………………………………………………………………………….1,000
TOTAL………………………………………………………………………………………………………………………………………920,194.69
ESTIMATED PROJECT BUDGET BALANCE…………………………………………………………………………………………0.31
* Engineering costs were paid by the Developer directly to the Engineer.
Packery Channel
Park
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S.H. 361
PROJECT LOCATION PROJECT: E15155
Council Presentation
March 29, 2016
Park Road 22 and Aquarius Drive
1
2
Project Location
3
Existing Roadway
4
Proposed Roadway
5
Project Schedule
Project Estimate: 330 Calendar Days 11 Months
Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Design & Coordination
with TxDOT Construction
20162015
CSJ # 0617-02-067
District #CRP 16
Code Chart 64 # 09800
Project: PR22 Roadway Improvements
Federal Highway Administration
CFDA # 20.205
Not Research and Development
AFA-LPAFA_ShortGen.doc Page 1 of 8 Revised 02/26/2016
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For Locally Funded On-System
Installation of Roadway Operation Improvements
THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation, called the “State”, and the
City of Corpus Christi, acting by and through its duly authorized officials, called the “Local
Government.”
WITNESSETH
WHEREAS , a Master Agreement between the Local Government and the State has been adopted
and states the general terms and conditions for transportation projects developed through this
LPAFA; and,
WHEREAS , the Texas Transportation Commission passed Minute Order Number 114335 that
provides for the development of, and funding for, the Project described herein; and,
WHEREAS , the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated _______________, 20__, which is attached to and made a part of this
agreement as Attachment A for the development of the Project. A map showing the Project location
appears in Attachment B, which is attached to and made a part of this agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as
follows:
AGREEMENT
1. Period of the Agreement
The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA
Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This
LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer
and no expenditures have been charged against federal funds.
3. Amendments
Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
CSJ # 0617-02-067
District #CRP 16
Code Chart 64 # 09800
Project: PR22 Roadway Improvements
Federal Highway Administration
CFDA # 20.205
Not Research and Development
AFA-LPAFA_ShortGen.doc Page 2 of 8 Revised 02/26/2016
4. Scope of Work
The scope of work for this LPAFA is installation of roadway
operation improvements in the City of Corpus Christi at the intersection of Park Road 22 and
Aquarius Street (southbound)/Packery Point Drive (future northbound). These improvements will
consist of full intersection traffic signalization, pavement markings, and
advanced warning signs on Park Road 22.
5. Right of Way and Real Property
Right of way and real property shall be the responsibility of the Local Government as stated in the
Master Agreement, without exception.
6. Utilities
Adjustment of utilities will be provided by the Local Government as required and as stated in the
Master Agreement, without exception.
7. Environmental Assessment and Mitigation
Environmental assessment and mitigation will be carried out as stated in the Master Agreement.
Additionally, before the advertisement for bids, the Local Government shall provide to the State
written documentation from the appropriate regulatory agency or agencies that all environmental
clearances have been obtained.
8. Compliance with Texas Accessibility Standards and ADA
Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will
be as stated in the Master Agreement, without exception.
9. Architectural and Engineering Services
Architectural and engineering services will be provided by the Local Government. The Local
Government is responsible for performance of any required architectural or preliminary
engineering work. For projects on the state highway system, the design shall, at a minimum
conform to applicable State manuals. For projects not on the state highway system, the design
shall, at a minimum, conform to applicable American Association of State Highway and
Transportation Officials design standards. The State may review and comment on the work as
required to accomplish the public purposes of the Local Government. The State will cooperate
fully with the Local Government in accomplishing these local public purposes to the degree
permitted by State and Federal law.
10. Construction Responsibilities
Construction responsibilities will be carried out by the Local Government.
11. Project Maintenance
Project maintenance will be undertaken as provided for in the Master Agreement, without
exception.
12. Local Project Sources and Uses of Funds
A. A Project Budget Estimate is provided in Attachment C. The State and the Federal
Government will not reimburse the Local Government for any work performed before the
federal spending authority is formally obligated to the Project by the Federal Highway
CSJ # 0617-02-067
District #CRP 16
Code Chart 64 # 09800
Project: PR22 Roadway Improvements
Federal Highway Administration
CFDA # 20.205
Not Research and Development
AFA-LPAFA_ShortGen.doc Page 3 of 8 Revised 02/26/2016
Administration. After federal funds have been obligated, the State will send to the Local
Government a copy of the formal documentation showing the obligation of funds including
federal award information. The Local Government is responsible for one hundred percent
(100%) of the cost of any work performed under its direction or control before the Federal
spending authority is formally obligated.
B. If the Local Government will perform any work under this contract for which reimbursement will
be provided by or through the State, the Local Government must complete training before
federal spending authority is obligated. Training is complete when at least one individual who
is working actively and directly on the Project successfully completes and receives a certificate
for the course entitled Local Government Project Procedures and Qualification for the Texas
Department of Transportation . The Local Government shall provide the certificate of
qualification to the State. The individual who receives the training certificate may be an
employee of the Local Government or an employee of a firm that has been contracted by the
Local Government to perform oversight of the Project. The State in its discretion may deny
reimbursement if the Local Government has not designated a qualified individual to oversee
the Project.
C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also
provided in Attachment C. Attachment C shows the percentage and estimated dollar amount
to be contributed to the project by federal, state, and local sources. The parties agree that the
LPAFA may be amended from time to time as required to meet the funding commitments
based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other
federal document.
D. The Local Government is responsible for all non-federal and non-state funding, unless
otherwise provided for in this agreement or through amendment of this agreement. Where a
Special Approval has been signed by the State, the Local Government shall only in that
instance be responsible for overruns in excess of the amount to be paid by the Local
Government.
E. Prior to the performance of any engineering review work by the State, the Local Government
will pay to the State the amount specified in Attachment C. At a minimum, this amount shall
equal the Local Government's funding share for the estimated cost of preliminary engineering
for the project. At least sixty (60) days prior to the date set for receipt of the construction bids,
the Local Government shall remit its remaining financial share for the State’s estimated
construction oversight and construction costs.
F. Whenever funds are paid by the Local Government to the State under this Agreement, the
Local Government shall remit a check or warrant made payable to the "Texas Department of
Transportation." The check or warrant shall be deposited by the State and managed by the
State. Funds may only be applied by the State to the Project. If after final Project accounting
any excess funds remain, those funds may be applied by the State to the Local Government's
contractual obligations to the State under another advance funding agreement with approval
by appropriate personnel of the Local Government.
G. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or replats, result in increased costs,
then any increased costs associated with the ordinances or changes will be paid by the Local
Government. The cost of providing right of way acquired by the State shall mean the total
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expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities.
H. When a Special Approval has been signed by the State so that the Local Government bears
the responsibility for paying cost overruns, the Local Government shall make payment to the
State within thirty (30) days from receipt of the State’s written notification of those amounts.
I. The state auditor may conduct an audit or investigation of any entity receiving funds from the
State directly under this contract or indirectly through a subcontract under this contract.
Acceptance of funds directly under this contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
Any entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
J. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
K. The Local Government is authorized to submit requests for reimbursement by submitting the
original of an itemized invoice in a form and containing all items required by the State no more
frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local
Government submits invoices more than ninety (90) days after the costs are incurred, and if
federal funding is reduced as a result, the State shall have no responsibility to reimburse the
Local Government for those costs.
13. Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes,
specifications, contract provision requirements, and related documentation in a Microsoft® Word
or similar document. If requested by the State, the Local Government will use the State's
document template. The Local Government shall also provide a detailed construction time
estimate including types of activities and month in the format required by the State. This
requirement applies whether the Local Government creates the documents with its own forces or
by hiring a consultant or professional provider. At the request of the State, the Local Government
shall submit any information required by the State in the format directed by the State.
14. Incorporation of Master Agreement Provisions
This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the
date of final execution of this LPAFA, unless an exception has been made in this agreement.
15. Insurance
If this Agreement authorizes the Local Government or its contractor to perform any work on State
right of way, before beginning work the entity performing the work shall provide the State with a
fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of
coverage in the amounts and types specified on the Certificate of Insurance for all persons and
entities working on State right of way. This coverage shall be maintained until all work on the
State right of way is complete. If coverage is not maintained, all work on State right of way shall
cease immediately, and the State may recover damages and all costs of completing the work.
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16. Debarment Certification
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549, “Debarment and Suspension.” By executing this
Agreement, the Local Government certifies that it and its principals are not currently debarred,
suspended, or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549 and further certifies that it will not do business with any
party, to include principals, that is currently debarred, suspended, or otherwise excluded from or
ineligible for participation in Federal Assistance Programs under Executive Order 12549. The
parties to this contract shall require any party to a subcontract or purchase order awarded under
this contract to certify its eligibility to receive federal funds and, when requested by the State, to
furnish a copy of the certification.
17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and
allocable to the Project.
18. Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage
prepaid, addressed to that party at the following address:
Local Government:
City of Corpus Christi
Attn: City Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
State:
Director of Contract Services
Texas Department of Transportation
125 E. 11 th Street
Austin, Texas 78701
All notices shall be deemed given on the date delivered in person or deposited in the mail, unless
otherwise provided by this agreement. Either party may change the above address by sending
written notice of the change to the other party. Either party may request in writing that notices
shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the
other party.
19. Civil Rights Compliance
The Local Government shall comply with the regulations of the U.S. Department of Transportation
as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order
11246 titled “Equal Employment Opportunity,” as amended by Executive Order 11375 and
supplemented in the Department of Labor Regulations (41 CFR Part 60).
20. Disadvantaged Business Enterprise (DBE) Program Requirements
A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements
established in 49 CFR Part 26.
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B. The Local Government shall adopt, in its totality, the State’s federally approved DBE program.
C. The Local Government shall set an appropriate DBE goal consistent with the State’s DBE
guidelines and in consideration of the local market, project size, and nature of the goods or
services to be acquired. The Local Government shall have final decision-making authority
regarding the DBE goal and shall be responsible for documenting its actions.
D. The Local Government shall follow all other parts of the State’s DBE program referenced in
TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas
Department of Transportation’s Federally-Approved Disadvantaged Business Enterprise by
Entity, and attachments found at web address
http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou_attachments.pdf .
E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex
in the award and performance of any U.S. Department of Transportation (DOT)-assisted
contract or in the administration of its DBE program or the requirements of 49 CFR Part 26.
The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to
ensure non-discrimination in award and administration of DOT-assisted contracts. The State’s
DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification to the
Local Government of its failure to carry out its approved program, the State may impose
sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of
1986 (31 U.S.C. 3801 et seq.).
F. Each contract the Local Government signs with a contractor (and each subcontract the prime
contractor signs with a sub-contractor) must include the following assurance: The contractor,
sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this
agreement, which may result in the termination of this agreement or such other remedy as the
recipient deems appropriate .
21. Federal Funding Accountability and Transparency Act Requirements
A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding
Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part
170, including Appendix A. This agreement is subject to the following award terms:
http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and
http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number (Federal
Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in
Federal funding. The SAM number may be obtained by visiting the SAM website whose
address is: https://www.sam.gov/portal/public/SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a
unique nine-character number that allows the Federal government to track the distribution
of federal money. The DUNS number may be requested free of charge for all businesses
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and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration
website http://fedgov.dnb.com/webform ; and
3. Report the total compensation and names of its top five (5) executives to the State if:
i. More than 80% of annual gross revenues are from the Federal government, and those
revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the
U.S. Securities and Exchange Commission.
22. Single Audit Report
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in 2 CFR 200.
B. If threshold expenditures are met during the Local Government's fiscal year, the Local
Government must submit a Single Audit Report and Management Letter (if applicable) to
TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT’s Audit Office
at http://www.txdot.gov/inside-txdot/office/audit/contact.html . The expenditure threshold for
fiscal years beginning prior to December 31, 2014 is $500,000; the expenditure threshold for
fiscal years beginning on or after December 31, 2014 is $750,000.
C. If expenditures are less than the threshold during the Local Government's fiscal year, the
Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not
meet the $______ expenditure threshold and therefore, are not required to have a single audit
performed for FY ______."
D. For each year the project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the agreement, unless otherwise
amended or the project has been formally closed out and no charges have been incurred
within the current fiscal year.
23. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
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THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
_________________________________
Signature
_________________________________
Typed or Printed Name
_________________________________
Title
_________________________________
Date
THE STATE OF TEXAS
_________________________________
Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
_________________________________
Date
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AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment A
ATTACHMENT A
RESOLUTION OR ORDINANCE
CSJ # 0617-02-067
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AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment B
ATTACHMENT B
PROJECT LOCATION MAP
CSJ # 0617-02-067
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AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment C
ATTACHMENT C
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
Costs will be allocated based on applicable Federal/State funding and a fixed amount of Local
Government funding until Local Government funding reaches the maximum obligated amount.
The State will then be responsible for 100% of the costs.
Initial payment by the Local Government to the State: $6,400.00
Payment by the Local Government to the State before construction: $2,300.00
Total payment by the Local Government to the State: $8,700.00
Description Total
Estimated
Cost
Federal
Participation
State
Participation
Local
Participation
Cost Cost Cost
Engineering
(by Local
Government)
$58,000.00 $0 $0 $58,000.00
Construction
(by Local
Government)
$455,000.00 $0 $0 $455,000.00
Subtotal $513,000.00 $0 $0 $513,000.00
Environmental
Direct State Costs
$1,280.00 $0 $0 $1,280.00
Right of Way Direct
State Costs
$1,280.00 $0 $0 $1,280.00
Engineering Direct
State Costs
$2,560.00 $0 $0 $2,560.00
Utility Direct State
Costs
$1,280.00 $0 $0 $1,280.00
Construction Direct
State Costs
$2,300.00 $0 $0 $2,300.00
Indirect State
Costs
$26,117.00 $0 $26,117.00 $0
TOTAL $547,817.00 $0 $26,117.00 $521,700.00
AGENDA MEMORANDUM
First Reading at the City Council Meeting of March 29, 2016
Second Reading at the City Council Meeting of April 12, 2016
______________________________________________________________________
DATE:March 11, 2016
TO:Ronald L. Olson, City Manager
FROM:Constance P. Sanchez, Director of Financial Services
ConstanceP@cctexas.com
(361) 826-3227
CAPTION:
Ordinance authorizing the issuance of “City of Corpus Christi, Texas Combination Tax
and Limited Pledge Revenue Certificates of Obligation, Taxable Series 2016A” in an
amount not to exceed $18,140,037 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.
PURPOSE:
The City plans on issuing one or more series of certificates of obligation in a combined
amount not to exceed $18,140,037 for the purpose of paying contractual obligations
necessary to complete the street projects from Proposition 1 in Bond 2012.
Authorization for Issuance of Certificates of Obligation to Fund Bond 2012 Projects
BACKGROUND AND FINDINGS:
During the City Council meetings on January 27, 2015, February 17, 2015, and April 21
2015, City staff presented the City Council information related to the Bond 2012 street
program. As a result of the April 21, 2015 update, the City Council unanimously
approved Resolution 030482 which contained eight sections related to the Bond 2012
street program. The first item indicated, “To the extent that the funds authorized under
the Bond 2012 Proposition 1 are insufficient to cover total project costs, the City will
issue Certificates of Obligation (COs) to provide additional funding.”
On January 19, 2016, an update was made to the City Council regarding the status of
the Bond 2012 street program. The current estimates for the remaining street projects
are short by over $18,000,000 on the following projects:
South Alameda Street (Ayers Street to Louisiana Avenue)-$ 3,058,000
South Staples Street (Brawner Parkway to Kostyoryz Road) -$ 7,000,000
Leopard Street (Crosstown to Palm Drive) -$ 4,168,000
Morgan Avenue (Staples Street to Crosstown Expressway) -$ 2,884,000
Twigg Street (Shoreline Boulevard to Lower Broadway)-$ 1,100,000
Savings from Tuloso Road (IH 37 to Leopard Street)- ($ 69,963)
$18,140,037
To fund this shortfall, the City plans on issuing one or more series of Certificates of
Obligation in a combined amount not to exceed $18,140,037. This does not obligate
the City into issuing all or any of the $18,140,037 in obligations, but we will have the
latitude to do so in the event that some of the estimates are less than the actual cost of
construction.
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 $1,000 (one time) of Solid Waste System revenue to
these certificates of obligation. By doing so, the legal requirements of the Certificates of
Obligation Act will be satisfied - with a nominal effect to the Solid Waste System. This
Solid Waste System revenue pledge will be disclosed in the City’s notice of intention to
issue these Certificates of Obligation.
According to the Local Government Code, Section 271.049, prior to the issuance of the
certificates of obligation, the City is required to publish notice of its intention to issue the
certificates once a week for two consecutive weeks in a newspaper of general
circulation, with the date of the first publication to be before the 30th day before the date
set for passage of the ordinance to authorize the issuance of the certificates. The
notices were in the Corpus Christi Caller-Times on February 28, 2016 and March 6,
2016. Thirty days after the date of the first publication is March 29, 2016, and so City
Council action to approve this ordinance in its second reading is scheduled for April 12,
2016 and is in compliance with the Local Government Code.
ALTERNATIVES: n/a
OTHER CONSIDERATIONS: n/a
CONFORMITY TO CITY POLICY:
This item conforms to City policy.
EMERGENCY / NON-EMERGENCY:n/a
DEPARTMENTAL CLEARANCES:
Engineering
Financial Services Department
Bond Counsel
City Attorney’s Office
FINANCIAL IMPACT:
□ Not Applicable □ Operating Expense X Revenue □CIP
Project to Date Exp.Current Future
FISCAL YEAR:(CIP Only)Year Years TOTALS
Budget -18,140,037$ -18,140,037$
Encumbered/Expended
amount of (date) - - - -
This item -18,140,037$ -18,140,037$
BALANCE - - - -
FUND(S): CIP Fund
COMMENTS: n/a
RECOMMENDATION:
Staff recommends approval of the ordinance as presented.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
82415952.3
DRAFT 3/7/16
ORDINANCE NO. __________
AUTHORIZING THE ISSUANCE OF “CITY OF CORPUS CHRISTI,
TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2016A” IN AN AMOUNT
NOT TO EXCEED $18,140,037 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 $18,140,037 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, renovating, equipping,
enlarging, and improving City streets (including utilities repair, replacement, and relocation),
including curb, gutters, sidewalks, and drainage improvements necessary or incidental thereto;
(2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-
way 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
82415952.3 -2-
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 $18,140,037 described in such notice should be issued and sold at this
time; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. A. Authorization - Designation - Principal Amount - Purpose. The
certificates of obligation of the City shall be and are hereby authorized to be issued in the
aggregate principal amount of _________________________ AND NO/100 DOLLARS
($__________), to be designated and bear the title of “CITY OF CORPUS CHRISTI, TEXAS
COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF
OBLIGATION, SERIES 2016A” (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,
renovating, equipping, enlarging, and improving City streets (including utilities repair,
replacement, and relocation), including curb, gutters, sidewalks, and drainage improvements
necessary or incidental thereto; (2) the purchase of materials, supplies, equipment, machinery,
landscaping, land, and rights-of-way 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, the rate of interest to be
borne on the principal amount of each such maturity, and the Certificate Date (defined herein).
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 $18,140,037; the maximum maturity of the Certificates will be
82415952.3 -3-
March 1, 2046 and the true interest cost (as 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 __________, 2016 (the Certificate Date) and shall be issued in
denominations of $5,000 or any integral multiple (within a Stated Maturity) thereof, and the
Certificates shall become due and payable on September 1 in each of the years and in principal
amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the
Certificate Date, or from the most recent Interest Payment Date (hereinafter defined) to which
interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the
per annum rates, while Outstanding, in accordance with the following schedule:
Years of
Stated Maturity
Principal
Amounts ($)
Interest
Rates (%)
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
82415952.3 -4-
Years of
Stated Maturity
Principal
Amounts ($)
Interest
Rates (%)
2035
2036
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
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 __________, 20__, 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
82415952.3 -5-
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
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 September 1,
20___, September 1, 20___, September 1, 20___, September 1, 20___, September 1, 20___, and
September 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 September 1 in each of the years as set
forth below:
82415952.3 -6-
Term Certificates
Stated to Mature on
September 1, 20__
Term Certificates
Stated to Mature on
September 1, 20__
Year
Principal
Amount ($) Year
Principal
Amount ($)
20__ 20__
20__ * 20__ *
Term Certificates
Stated to Mature on
September 1, 20__
Term Certificates
Stated to Mature on
September 1, 20__
Year
Principal
Amount ($) Year
Principal
Amount ($)
20__ 20__
20__ * 20__ *
Term Certificates
Stated to Mature on
September 1, 20__
Term Certificates
Stated to Mature on
September 1, 20__
Year
Principal
Amount ($) Year
Principal
Amount ($)
20__ 20__
20__ * 20__ *
*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
September 1, 20___ shall be subject to redemption prior to Stated Maturity, at the option of the
City, on September 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
82415952.3 -7-
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
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
82415952.3 -8-
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
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.
82415952.3 -9-
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 t ax 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 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
82415952.3 -10-
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.
[The remainder of this page intentionally left blank.]
82415952.3 -11-
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 2016A
Certificate Date: Interest Rate: Stated Maturity: CUSIP No.
__________, 2016
REGISTERED OWNER: ________________________________________________________
PRINCIPAL AMOUNT: ________________________________________________________
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
__________, 20__ (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.
82415952.3 -12-
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, renovating, equipping,
enlarging, and improving City streets (including utilities repair, replacement, and relocation),
including curb, gutters, sidewalks, and drainage improvements necessary or incidental thereto;
(2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-
way 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 September 1, 20___,
September 1, 20___, September 1, 20___, September 1, 20___, September 1, 20___, and
September 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 September 1 in each of the years as set
forth below:
Term Certificates
Stated to Mature on
September 1, 20__
Term Certificates
Stated to Mature on
September 1, 20__
Year
Principal
Amount ($) Year
Principal
Amount ($)
20__ 20__
20__ * 20__ *
Term Certificates
Stated to Mature on
September 1, 20__
Term Certificates
Stated to Mature on
September 1, 20__
Year
Principal
Amount ($) Year
Principal
Amount ($)
20__ 20__
20__ * 20__ *
*Payable at Stated Maturity
82415952.3 -13-
Term Certificates
Stated to Mature on
September 1, 20__
Term Certificates
Stated to Mature on
September 1, 20__
Year
Principal
Amount ($) Year
Principal
Amount ($)
20__ 20__
20__ * 20__ *
*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.
The Certificates stated to mature on and after September 1, 20___ may be redeemed prior
to their Stated Maturities, at the option of the City, on September 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
82415952.3 -14-
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
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
82415952.3 -15-
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.
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82415952.3 -16-
IN WITNESS WHEREOF, the City has caused this Certificate to be duly executed under
its official seal.
CITY OF CORPUS CHRISTI, TEXAS
By _________________________________
Mayor
ATTEST:
____________________________________
City Secretary
(CITY SEAL)
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82415952.3 -17-
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
THE STATE OF TEXAS
§
§
§
§
REGISTER NO.
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 ____________________
____________________________________
Comptroller of Public Accounts
of the State of Texas
(SEAL)
*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.
82415952.3 -18-
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:
____________________________________
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82415952.3 -19-
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 $____________
United States of America
State of Texas
Counties of Nueces, Aransas, Kleberg, and San Patricio
CITY OF CORPUS CHRISTI, TEXAS
COMBINATION TAX AND LIMITED PLEDGE REVENUE
CERTIFICATE OF OBLIGATION, SERIES 2016A
Certificate Date: Interest Rate: Stated Maturity: CUSIP No.
__________, 2016 As Shown Below As Shown Below
REGISTERED OWNER: ________________________________________________________
PRINCIPAL AMOUNT: ________________________________________________________
The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation
in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value
received, acknowledges itself indebted to and hereby promises to pay to the order of the
Registered Owner named above, or the registered assigns thereof, the Principal Amount specified
above stated to mature on the first day of September in each of the years and in principal
amounts and bearing interest at per annum rates in accordance with the following schedule:
Years of
Stated Maturity
Principal
Amounts ($)
Interest
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 __________, 20___
(each, an Interest Payment Date).
82415952.3 -20-
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
82415952.3 -21-
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 2016A” 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)
82415952.3 -22-
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
__________, 20__, 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 (i) 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 2010”, dated July 1, 2010, in the original
principal amount of $3,000,000; and
82415952.3 -23-
(3) “City of Corpus Christi, Texas Combination Tax and Limited Pledge
Revenue Certificates of Obligation, Taxable Series 2015”, dated October 1, 2015, in the
original amount of $10,020,000; and
(4) “City of Corpus Christi, Texas Combination Tax and Limited Pledge
Revenue Certificates of Obligation, Series 2016”, dated December 1, 2015, in the original
amount of $2,000,000; and
(5) Upon issuance, the Certificates;
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.
82415952.3 -24-
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
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 September 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 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 2016A
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
82415952.3 -25-
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.
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
82415952.3 -26-
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:
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
82415952.3 -27-
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;
• 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
82415952.3 -28-
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
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
82415952.3 -29-
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
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
82415952.3 -30-
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
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;
82415952.3 -31-
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
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.
82415952.3 -32-
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,
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 __________, __________, __________ (the Purchasers, having
all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a
Purchase Contract, dated __________, 2016 (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.
82415952.3 -33-
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
Purchasers are hereby authorized to use and distribute the final Official Statement, dated
__________, 2016, 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 as the contingency amount.
(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.
82415952.3 -34-
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.
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
82415952.3 -35-
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
(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.
82415952.3 -36-
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.
(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.
I. 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
82415952.3 -37-
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.
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
82415952.3 -38-
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
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.
82415952.3 -39-
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
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
82415952.3 -40-
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.
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 internet through the uniform resource locator (URL)
82415952.3 -41-
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 2016, financial information and operating data with
respect to the System of the general type included in the final Official Statement authorized by
Section 26 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;
82415952.3 -42-
(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;
(7) Modifications to rights of holders of the Certificates if material;
(8) Certificate calls, if material, and tender offers;
(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.
82415952.3 -43-
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
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
82415952.3 -44-
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
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
82415952.3 -45-
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
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
82415952.3 -46-
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
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. Delegation Authorization Pursuant to HB 1295. Though such parties
may be identified, and the entry into a particular contract may be authorized, herein, pursuant to
the Act, and any other applicable law, the City hereby delegates to any Authorized Official the
authority to independently select the counterparty to the Paying Agent/Registrar Agreement, and
any agreement with any rating agency, bond insurer, securities depository, or any other contract
that is determined by the City Manager, the City’s financial advisor, or the City’s bond counsel
to be necessary or incidental to the issuance of the Bonds as long as each of such contracts has a
value of less than the amount referenced in Section 2252.908 of the Texas Government Code
(collectively, the Ancillary Bond Contracts) and, as necessary, to execute the Ancillary Bond
Contract on behalf and as the act and deed of the City. As a result of such delegation, the
provisions of Section 2252.908 of the Texas Government Code, as amended, are not applicable
to the Ancillary Bond Contracts pursuant to 1 Texas Administrative Code Sec. 46.1(c).
SECTION 49. 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.
[The remainder of this page intentionally left blank.]
82415952.3 S-1
PASSED AND ADOPTED on the 12th day of April, 2016.
CITY OF CORPUS CHRISTI, TEXAS
____________________________________
Mayor
ATTEST:
____________________________________
City Secretary
APPROVED THIS 12th DAY OF APRIL, 2016:
Miles Risley, City Attorney
(CITY SEAL)
82415952.3 I-1
INDEX OF SCHEDULES AND EXHIBITS
Schedule I - - Approval Certificate
EXHIBIT A - Paying Agent/Registrar Agreement
EXHIBIT B - Purchase Contract
EXHIBIT C - Description of Annual Financial Information
EXHIBIT D - DTC Letter of Representations
82415952.3
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 12th
day of April, 2016, authorizing the issuance of the City’s Combination Tax and Limited Pledge
Revenue Certificates of Obligation, Series 2016A, 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 12th day of April,
2016.
City Secretary
(CITY SEAL)
82415952.3
The foregoing ordinance was read for the first time and passed to its second reading on this the
29th day of March, 2016, by the following vote:
____________ Brian Rosas ____________
____________ Lucy Rubio ____________
____________ Mark Scott ____________
____________ Carolyn Vaughn ____________
Nelda Martinez
Rudy Garza, Jr.
Michael Hunter
Chad Magill
Colleen McIntyre ____________
The foregoing ordinance was read for the second time and passed finally on this the 12th day of
April, 2016, by the following vote:
____________ Brian Rosas ____________
____________ Lucy Rubio ____________
____________ Mark Scott ____________
____________ Carolyn Vaughn ____________
Nelda Martinez
Rudy Garza, Jr.
Michael Hunter
Chad Magill
Colleen McIntyre ____________
PASSED AND APPROVED, this the 12th day of April, 2016.
ATTEST:
__________________________________ _____________________________
Rebecca Huerta Nelda Martinez
City Secretary Mayor
82415952.3 Schedule I
SCHEDULE I
APPROVAL CERTIFICATE
SEE TAB NO. ___
82415952.3 A-1
EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
SEE TAB NO. ___
82415952.3 B-1
EXHIBIT B
PURCHASE CONTRACT
SEE TAB NO. ___
82415952.3 C-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 (“Financial Information”)
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.
82415952.3 D-1
EXHIBIT D
DTC LETTER OF REPRESENTATIONS
SEE TAB NO. ___
DATE:February 15, 2016
TO:Ronald L. Olson, City Manager
FROM:Stacie Talbert Anaya, Interim Director
StacieT@cctexas.com
361-826-3460
CAPTION:
Resolution granting City supported event status in accordance with City Code of Ordinances
Section 53-206 to the 2016 Beach to Bay Relay Marathon.
PURPOSE:
Grant designation of City Supported Event to the Beach to Bay Relay Marathon and provide 50%
relief of city fees and services associated with coordinating the event.
BACKGROUND AND FINDINGS:
In a letter dated January 2, 2016, the Corpus Christi Roadrunners requested the annual Beach to
Bay Relay be granted the status of a City Supported Event, specifically for some relief of fees for
city services. A copy of the letter is attached for your review.
In February 2015, City Council approved an update to the parade and special event permit
ordinance. Section 53-206 of the update addressed City Supported Events stating cost and fees
assessed may be reduced for qualifying events. The ordinance requires City Council to grant or
deny the designation of a City Supported Event
The criteria for classification as a City Supported Event include:
Draw a crowd of approximately 10,000 people
Draw visitors from outside the region resulting in hotel occupancy tax gains
Be coordinated by a non-profit organization where the majority of funds raised during the
event are retained/spent locally
Have free attendance to the public
Have community wide appeal and access
Be of cultural, educational, health or historical significance.
.
The Beach to Bay Relay Marathon is a six-person relay running event coordinated by the Corpus
Christi Roadrunners a 501c3 organization of volunteers. This will be the event’s 41st year and
regularly boasts over 2000 teams and 10,000 spectators who line the route to cheer for their
favorite team. It is begins at Bob Hall Pier, down the sands of North Padre Island, over the JFK
Causeway, through the Naval Air Station Corpus Christi, down scenic Ocean Drive, ending at
McCaughan Park for one giant pizza party open. You can read more about the event at
www.beachtobayrelay.com.
Beach to Bay Relay Marathon request for City Supported Event Status
AGENDA MEMORANDUM
First Reading Item for the City Council Meeting of March 29, 2016
Second Reading Item for the City Council Meeting of April 12, 2016
In 2014, the Corpus Christi Visitor’s Bureau (CVB) completed a study on the effect the Beach to
Bay Relay Marathon has on our local economy. The results were tallied and the finding
concluded that the race brought $7 million into the local economy. The only downside of the
study was that it was completed using data consistent with a one day stay in Corpus Christi and
typically most of the participants stay for the event two days. A copy of the report is attached for
your review.
The Beach to Bay Marathon Relay meets the criteria established in the ordinance. City staff
members have reviewed the request and suggest a 50% reduction for city fees and services.
Costs in FY2014 included Police Costs - $7990.86; Park Permit - $400; Traffic Control plan $400
(will $200 with new fee schedule).
ALTERNATIVES:
Do not approve request for City Supported Event status
OTHER CONSIDERATIONS:
none
CONFORMITY TO CITY POLICY:
City Council must approve designation of a City Supported Event
EMERGENCY / NON-EMERGENCY:
Non-emergency
DEPARTMENTAL CLEARANCES:
Legal, Police
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): General Fund
Comments:none
RECOMMENDATION:
Staff recommends approval of this request
LIST OF SUPPORTING DOCUMENTS:
Resolution
Attachment A: Corpus Christi Roadrunners Letter
Attachment B: Convention and Visitors Bureau Economic Impact Comment
Resolution granting City supported event status in accordance with City Code
of Ordinances Section 53-206 to the 2016 Beach to Bay Relay Marathon
Whereas,in a letter dated January 2, 2016, the Corpus Christi Roadrunners requested
the annual Beach to Bay Relay be granted the status of a City Supported Event,
specifically for some relief of fees for city services;
Whereas, in February 2015, City Council approved an update to the parade and special
event permit ordinance;
Whereas, Section 53-206 of the City Code of Ordinances addressed City Supported
Events stating cost and fees assessed may be reduced for qualifying events;
Whereas, the criteria for classification as a City Supported Event include:
Draw a crowd of approximately 10,000 people
Draw visitors from outside the region resulting in hotel occupancy tax gains
Be coordinated by a non-profit organization where the majority of funds raised
during the event are retained/spent locally
Have free attendance to the public
Have community wide appeal and access
Be of cultural, educational, health or historical significance.
Whereas,the ordinance requires City Council to grant or deny the designation of a City
Supported Event;
Whereas,the Beach to Bay Relay Marathon is a six-person relay running event
coordinated by the Corpus Christi Roadrunners a 501c3 organization of volunteers and
this will be the event’s 41st year and regularly boasts over 2000 teams and 10,000
spectators who line the route to cheer for their favorite team.
Whereas, in 2014, the Corpus Christi Visitor’s Bureau (CVB) completed a study on the
effect the Beach to Bay Relay Marathon has on our local economy and the results
concluded that the race brought $7 million into the local economy;
Whereas, the Beach to Bay Marathon Relay meets the criteria established in the
ordinance;
Whereas, City staff members have reviewed the request and suggest a 50% reduction
for city fees and services.
Now therefore, be it resolved by the Corpus Christi City Council:
Section 1. That the 2016 Beach to Bay Relay Marathon qualifies for and is hereby granted City
supported event status pursuant to Section 53-206 of the City Code of Ordinances.
Section 2. That the City fees in relation to the 2016 Beach To Bay Relay Marathon are
authorized to be reduced by 50%.
ATTEST:THE CITY OF CORPUS CHRISTI
_________________________________________________________
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Corpus Christi, Texas
_________ of ___________________, 2016
The above resolution was passed by the following vote:
Nelda Martinez
Rudy Garza
Michael Hunter
Chad Magill
Colleen McIntyre
Brian Rosas
Lucy Rubio
Mark Scott
Carolyn Vaughn
Monday, January 2, 2016
Dear Honorable Mayor Nelda Martinez and
Esteemed Corpus Christi City Council,
If you had to pin-point one individual event locally held that
takes advantage of all Corpus Christi’s beautiful backdrop
certainly the Beach to Bay Relay Marathon would be the
first to come to mind.
42 years ago the Corpus Christi Roadrunners (CCRR) was
founded and one of its members, Captain John Butterfield
created the Beach to Bay Relay Marathon to honor our
nation’s military. It was decided then that the race would
be held annually on Armed Forces Day, and the rest is
history.
The Beach to Bay Relay Marathon is a six-person relay running event. Since the race is
an official marathon, the distance is 26.2 miles. It is begins at Bob Hall Pier, down the
sands of North Padre Island, over the JFK Causeway, through the Naval Air Station
Corpus Christi, down scenic Ocean Drive, ending at McCaughan Park for one giant pizza
party.
In 2014, the Corpus Christi Visitor’s Bureau (CVB) completed a study on the effect the
Beach to Bay Relay Marathon has on our local economy. The results were tallied and
the finding concluded that the race brought seven million dollars into the local economy.
The only downside of the study was that it was completed using data consistent with a
one day stay in Corpus Christi and typically most of the participants stay for the event
two days.
The staying power of the Beach to Bay Relay Marathon, now in its 41st year is that it
attracts runners from all over the United States, Canada and Mexico. A relay marathon
is appealing to the weekend running warrior. It also has a strong hold on its spectators
those who enjoy watching the event and those who are present for team support.
The purpose of this letter is to hopefully gain support from Mayor Nelda Martinez and
City Council to achieve a City Sponsored Status. This will alleviate the need funds to pay
for a strong police prescience needed for security during the race.
The Beach to Bay Relay Marathon is one of eight races brought to Corpus Christi
annually by the CCRR, a 5013C non for profit club. The Beach to Bay has become so
large in popularity that the event has taken on an image of its own. Ironically the race is
also developed and nurtured by an all volunteer staff. Local residents who enjoy putting
on the finest relay running event from start to finish.
Thank you for your time and consideration in this matter. Your support is greatly
appreciated.
Sincerely,
Doug McBee Jr.
Beach to Bay Relay Marathon Race Director
Corpus Christi Roadrunner President
CVB Information
Doug,
Thank you both so much for providing the info that was necessary for me to calculate
the economic impact that Beach to Bay brings to our area. I think you are going to be
pleased, and perhaps a bit surprised, by the results. Please also note that my numbers
are on the conservative side as I always lean that way in regards to calculations so as to
protect the Bureau and your event.
The economic impact of the 2014 Beach to Bay was as follows:
• Direct Impact of $4,268,423
• Indirect Impact of $3,049,754
• EI Total: $7,318,177
Explanation of Direct and Indirect below:
Direct: Any revenue directly attributed to the event such as hotel room night sales,
ticket sales, revenue acquired from event rental spaces, business services hired by event
organizer, paid wages directly attached to the event, etc.
Indirect: Any revenue indirectly attributed to the event such as restaurant sales, retail
sales, convenient store sales, jobs supported at these various venues, services
requested by these venues to accommodate increased guest flow, etc
Again, this number is conservative as it does not include any hotel room nights from
runners that stayed on Saturday night. That particular information was not able to be
confirmed regarding a hotel occupancy report. So I stayed on the safe-side and included
just the Friday room night occupancy.
Our calculator pulls from 8 different sources that calculate the economic impact based
on industry standards for this specific type of event. The calculator is customized with
local tax rates, hotel occupancy and average daily room rate during that time period,
etc.. I’ve attached the press release for the calculator to better explain the functionality
of it.
Please let me know if you have any additional questions.
Thank you!
ASHLEY HIGSON, CTA | DIRECTOR, COMMUNICATIONS
Corpus Christi Convention & Visitors Bureau
office: 361.881.1818 cell: 281.799.7226
www.visitcorpuschristitx.org
.
Contact: Ashley Higson
Director, Communications
Convention & Visitors Bureau
361.881.1818 (Office)
281.799.7226 (Cell)
ahigson@visitcorpuschristitx.org
NEWS RELEASE: For Immediate Release
Corpus Christi, Texas –May 21, 2014- The Corpus Christi Convention and Visitors Bureau (CCCVB)
announces a new and important resource to accurately calculate the economic impact of tourism in
Corpus Christi, known as the DMAI Event Impact Calculator (EIC).
The EIC measures the economic value of an event in terms of sales, jobs, wages and local taxes,
comparing the total value of an event to any related incentives and hosting costs; i.e. a destination’s
return on investment for a particular event. Developed by Tourism Economics, an Oxford Economics
company, the EIC has been adopted by over 140 destination marketing organizations (DMOs) and has
proven to be a valuable resource in these markets. “The EIC is a versatile and complete solution to the
perennial DMO challenge of measuring the importance of meetings and events. The fact that the results
are localized to each city and that the tool allows for dynamic online analysis is a veritable game
changer”, said Michael Gehrisch, President & CEO of DMAI.
Tourism is vital to the Corpus Christi economy, accounting for $1.2 billion in economic impact for FY
2012-2013. Conventions, conferences and large meeting groups are an ever-growing segment of visitors
to Corpus Christi and inject significant dollars into the local economy. Using the EIC, the CCCVB
calculated the economic impact of American Bank Center-sourced meeting groups and events for 2013.
These groups accounted for over 44,700 room nights with a primary economic impact of over
$17,700,000.00 and a secondary impact of over $30,900,000.00.
For credible and sustainable data analysis, the EIC incorporates eight complementary data sources:
Oxford Economic survey of meeting planners
Longwood International’s ongoing survey of U.S. household travel behavior with an exclusive
focus on meeting and trade show spending
Convention Industry Council’s study on the Economic Significance of the Meetings Industry
City-specific data on costs by sector
City-specific sales, wage and employment multipliers
City-specific tax rates, event-specific info pertaining to delegates and room nights
Host space info pertaining to catering, space rental and additional services.
Paulette Kluge, CEO of the CCCVB, commented that she is “beyond thrilled to add this incredible tool to
our collection of resources as we strive to sustain economic increase for Corpus Christi through
tourism.”
###
The Corpus Christi Convention and Visitors Bureau's mission is "to drive overnight visitors to the Corpus
Christi Area". For more information about the Corpus Christi Convention and Visitors Bureau or to plan
your next trip to Corpus Christi, visit www.VisitCorpusChristiTX.org or call 1-800-678-6232.
DATE:March 16, 2016
TO:Ronald L. Olson, City Manager
THRU:Mark Van Vleck, P.E., Assistant City Manager
MarkVV@cctexas.com
(361) 826-3082
FROM:Valerie H. Gray, P.E., Executive Director, Public Works
ValerieG@cctexas.com
(361) 826-3729
J. H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Stacie Talbert-Anaya, Interim Director Parks & Recreation
StacieT@cctexas.com
(361) 826-3476
Execute Construction Contract
Collier Pool Renovations (Bond 2012) Rebid – Part A (Pool)
CAPTION:
Motion authorizing the City Manager, or designee, to execute a construction contract with Atlantis Aquatic
Group of Austin, Texas in the amount of $1,782,412 for the Collier Pool Renovations Rebid – Part A (Pool)
project for replacement of the existing swimming pool and pump house. (Bond 2012 Proposition 4 – Aquatic
Facilities)
PURPOSE:
The purpose of this Agenda Item is to execute a Construction Contract with Atlantis Aquatic Group of Austin,
Texas for the Collier Pool Renovations Rebid – Part A (Pool) project only.
BACKGROUND AND FINDINGS:
This project is part of Bond 2012 Proposition 4 – Aquatic Facilities for Repairs, Upgrades, and Improvements
which includes Collier, West Guth and other neighborhood pools.
Bond 2012 Brochure Language: “Collier Pool is one of the most utilized public facilities in the park system.
Dedicated lap swimmers, open swim participants, learn to swim participants and neighborhood groups
patronize the pool on a regular basis, maximizing the pool’s capacity as well as the city resources used to keep
it operational on a year-round basis. West Guth is the second most popular park in Corpus Christi. That pool
AGENDA MEMORANDUM
Future Item for the City Council Meeting of March 29, 2016
Action Item for the City Council Meeting of April 12, 2016
is one of the most popular places for residents in the Northwest to congregate on hot summer day. Updates
to these facilities, and other neighborhood pools, may include construction of splash pads, wading and zero
depth entry pools, extension of lap lanes and swimmer amenities.”
This project for improvements to the Collier Pool originally developed with two Parts as follows:
Part A for the Pool and Pump House
Part B was for outlying buildings including shade structure, restrooms and office facility
The initial project was bid for the combined project with both parts that exceeded the available funds. The
package was redeveloped and scoped to be bid as two separate packages with Part A only for the Pool and
Pump House. The separation of the packages was as a result of input from contractors on cost and complexity
of the project. This project provides for only the Pool and the pump house replacement. A second package
will be prepared under separate project for the Part B work.
This project includes the demolition of the existing pool and construction of a new pool facility in a slightly
larger footprint than the existing pool. The new fully ADA accessible pool structure will include a 4,000 square
foot adult lap pool with attached 2,000 square foot children’s zero entry pool with a water feature and splash
pad. A new 485 square foot pump house with new mechanical equipment and full perimeter fencing is
included as part of this bid package.
On January 6, 2016 the City received proposals from three (3) bidders and the bids are as follows:
Contractor Total Bid, Part A
Mahan Foundation & Contractors,
LLC, Corpus Christi Texas $ 1,480,757.00
Atlantis Aquatic Group, Austin
Texas $1,782,412.00
Teal Construction, Corpus Christi
Texas $1,885,000.00
The apparent low Bidder was determined to be non-responsive due to omission of the required Bid Bonds.
Therefore, it is recommended to award Part A to Atlantis Aquatic Group of Austin, Texas, who was determined
as the lowest responsible bidder.
ALTERNATIVES:
1. Execute the Construction Contract for the Base Bid, Part A (pool) with Atlantis Aquatic Group as
proposed. (Recommended).
2. Do not execute the Construction Contract for the Base Bid, Part A (Pool) with Atlantis Aquatic Group as
proposed. (Not Recommended).
OTHER CONSIDERATIONS:
West Guth Pool upgrades are also programmed within the remaining budget and developed as a separate
design bid build project.
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding Request for Bids process; FY 2015-2016 Capital Budget.
EMERGENCY / NON-EMERGENCY:
Not applicable
DEPARTMENTAL CLEARANCES:
Parks and Recreation
FINANCIAL IMPACT:
□ Operating □ Revenue X Capital □ Not applicable
Fiscal Year
2015-2016
Project to Date
Expenditures
(CIP only)
Current Year Future Years TOTALS
Line Item Budget $3,500,000.00 $3,500,000.00
Encumbered/Expended
Amount 377,298.00 377,298.00
This item 1,782,412.00 1,782,412.00
Future Anticipated
Expenditures This Project 314,418.20 314,418.20
BALANCE 3,122,702.00 -2,096,830.20 1,025,871.80
Fund(s): Park CIP Funds
Comments:The Construction Contract will result in the expenditure of an amount not to exceed
$1,782,412.00 and the project is estimated to be complete in nine months from the issuance of the Notice to
Proceed.
RECOMMENDATION:
City Staff recommends the approval of the Construction Contract for the Base Bid, Part A (Pool) with Atlantis
Aquatic Group of Austin, Texas.
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
Presentation
Form 1295
FUNDS AVAILABLE:
Parks and Recreation Bond 2012 CIP………………………………………………………...…………………………………………………...$3,500,000.00
TOTAL………………………………………………………………………………………………………………………………………$3,500,000.00
FUNDS REQUIRED:
Construction (Atlantis Aquatics Group) THIS ITEM ………………………………………………………………………………………..1,782,412.00
Construction Contingency (10%)…………………………………………………………………..178,241.20
Construction Inspection (Estimate) 2%……………………………………………………………………………70,000.00
Design Fees & Inspection Fees:
* Design Architect (Turner Ramirez, LLC.)……………………………………….………………………………………..329,550.00
Staff Augmentation (AGCM, Inc.)…………………………………………………………………42,848.00
Geotechnical & Materials Testing (Rock Engineering)……………………………………………………………………………………..4,900.00
Construction Inspection Services (Rock Engineering)………………………………………………………………………………….12,377.00
Reimbursements:
Contract Administration (Capital Programs/Capital Budget/Finance) (.05%)……………………………………………………………………………….17,500.00
Engineering Services (Project Mgt/Constr Mgt) (1%)………………………………………………………………………………..35,000.00
Misc. (Printing, Advertising, etc.)………………………………………………………………………………………………………..1,500.00
TOTAL………………………………………………………………………………………………………………………………………$2,474,328.20
** ESTIMATED PROJECT BUDGET BALANCE…………………………………………………………………………………………$1,025,671.80
* Includes design of both Collier and West Guth Pools
** Remaining balance is reserved for the building improvements at Collier Pool and
improvements to the West Guth pool facility.
PROJECT BUDGET
Aquatic Facility Upgrades and Improvements
Collier Pool
BOND 2012
Council Presentation
March 29, 2016
Aquatics Facility Upgrades and Improvements
Collier Pool Improvements
Bond Issue 2012 Proposition 4
1
2
Vicinity Map
3
Location Map
4
Project Scope
2012 Bond Language
“Collier Pool is one of the most utilized public facilities in the park system.
Dedicated lap swimmers, open swim participants, learn to swim participants and
neighborhood groups patronize the pool on a regular basis, maximizing the
pool’s capacity as well as the city resources used to keep it operational on a
year-round basis. West Guth is the second most popular park in Corpus Christi.
That pool is one of the most popular places for residents in the Northwest to
congregate on hot summer day. Updates to these facilities, and other
neighborhood pools, may include construction of splash pads, wading and zero
depth entry pools, extension of lap lanes and swimmer amenities.”
5
Project Scope
Individual Projects
•Collier Pool Package A (Pool) –under consideration for
award
•Collier Pool Package B (Bathhouse Building) –currently
advertising
•West Guth Pool Upgrades –in preliminary design
•Design & Construction will be done in conjunction
with Bond 2012 “Community Park Development
and Improvements – West Guth Park”
6
Project Scope
7
Project Scope
Collier Pool Aquatic Facility Upgrade and Improvement was split into two
packages in order to increase competition on a project with major components
that required specialty contractors.
Package A (Pool and Pump house) Construction contract under consideration
•Demolition of existing pool and pump equipment
•New adult lap pool with 6 lanes
•New wading pool with zero depth entry
•New 485 SF Pump House and equipment
•New Fencing
Package B (Bathhouse Building)Currently advertising
•New 2,400 square foot CMU building
ADA accessible restrooms
Office and Storage
Covered picnic area
Showers, indoor and outdoor
•New concrete ramps, stairs, and sidewalks from parking lot to pool entrance
Project Schedule
8
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
2015 2016
Design Bid /
Award Construction
Projected Schedule reflects City Council award of Collier Pool construction in April 2016 with anticipated construction completion in January 2017.
Collier Pool Package A (Pool)
Bid Opening – April 6, 2016Anticipated Council Award – May 2016Contractor NTP – July 2016Construction Completion – March 2017
Collier Pool Package B (Bathhouse Building)
West Guth Pool Upgrades
Currently being designed in conjunction with West Guth Park Improvements
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016 -14854
Date Filed:
02/17/2016
Date Acknowledged:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Atlantis Pool Plastering, Inc. dba Atlantis Aquatic Group
Austin, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Corpus Christi
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
Project No. E14008
Demolition of Existing structures, Construction of new Commercial Swimming Pool & Mechanical Room, Electrical, Plumbing,
Fencing
4
Name of Interested Party City, State, Country (place of business)
Nature of interest (check applicable)
Controlling Intermediary
Atlantis Pool Plastering, Inc. DBA Atlantis
Aquatic Group
Austin, TX United States
5 Check only if there is NO Interested Party. q
6 AFFIDAVIT I swear, or affirm, under penal of perjury, that the above disclosure is true and correct.
.60,..kik RYAN MURPHY
ATI*4 OFFICIAL NOTARY PUBLIC
ek.......ki COMMISSION EXPIRES
14, a jif 08 -02 -2019 ..- Signa 1 e of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said Dennis M Watson , this the 17th day of February
20 16 , to certify which, witness my hand and seal of office.
Ryan Murphy Notary
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944
DATE:March 29, 2016
TO:Ronald L. Olson, City Manager
FROM:Andy Leal Jr, Assistant Director Street Maintenance
AndyL@cctexas.com
(361) 857-1957
Mike Markle
MikeMa@cctexas.com
(361) 886-2601
Maria Pedraza, Procurement Manager
Mariape@cctexas.com
(361) 826-3176
CAPTION:
Motion approving the purchase of six Wavetronix Radar Detection Systems from
Twincrest, Inc. doing business as Twincrest Technologies, Mansfield, Texas in
accordance with the State of Texas Cooperative Purchasing Program for the amount of
$113,380.00. The Street Department and Police Department have set aside funds in FY
2015-16 for this procurement.
PURPOSE:
This equipment is used in signalized traffic intersections for vehicle detection.
BACKGROUND AND FINDINGS:
Radar detection systems are the new standard for traffic signal vehicle detection. These
radar detection systems will be replacing the video detection systems currently in the
field that are no longer working or serviceable. Many of these older units require
maintenance every two weeks to clean the camera lenses. The new radar detection
system will improve traffic flow and vehicle detection. They are more reliable, have
better technology and are not affected by weather events unlike the existing video
detection systems.
ALTERNATIVES:
Not applicable.
Purchase of Six Wavetronix Radar Detection Systems
AGENDA MEMORANDUM
Future Item for the City Council Meeting of March 29, 2016
Action Item for the City Council Meeting of April 12, 2016
OTHER CONSIDERATIONS:
Not applicable.
CONFORMITY TO CITY POLICY:
This purchase conforms to the City’s purchasing policies and procedures and State
statutes regulating procurement.
EMERGENCY / NON-EMERGENCY:
Non-Emergency.
DEPARTMENTAL CLEARANCES:
Street Department and Corpus Christi Police 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 $776,030.80 $0 $776,030.80
Encumbered /
Expended Amount $409,604.94 $0 $409,604.94
This item $113,380.00 $0 $113,380.00
BALANCE $253,045.86 $0 $253,045.86
Fund(s): Streets and Redlight Photo
Comments:The $113,380.00 financial impact shown above represents the
procurement cost of six Wavetronix Radar Detection Systems of which Streets will fund
$13,605.60 and the Police Department will fund $99,774.40. The funds have been
allocated in the FY2015-2016 budget.
RECOMMENDATION:
Staff recommends approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
CITY OF CORPUS CHRISTI PRICE SHEET
PURCHASING DIVISION PURCHASE OF SIX WAVETRONIX DETECTION SYSTEMS
BUYER: DOMINGO VALDEZ STATE OF TEXAS COOPERATIVE PURCHASING PROGRAM
Twincrest Technologies
Mansfield, Texas
UNIT EXTENDED
ITEM DESCRIPTION QTY.UNIT PRICE PRICE
1.WX-SS-704-060, 60' Sensor Pigtail 24 ea $225.00 $5,400.00
2.WX-SS-225-4AC-650, 4 Matrix System with Click 650 6 ea $16,180.00 $97,080.00
3.TTI-MTRX-ADV-CBL, 6-Conductor Matrix/Advance Home-Run Cable 6000 ea $1.65 $9,900.00
4.Install Kit for Wavetronix SmartSensor Detection Systems 1 ea $1,000.00 $1,000.00
TOTAL $113,380.00
AGENDA MEMORANDUM
Future Item for the City Council Meeting of March 29, 2016
Action Item for the City Council Meeting of April 12, 2016
DATE:February 15, 2016
TO:Ronald L. Olson, City Manager
THRU:Mark Van Vleck, P. E., Assistant City Manager
markvv@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 Engineering Services
jeffreye@cctexas.com
(361) 826-3851
CAPTION:
Motion authorizing the City Manager, or designee, to execute a construction contract with Siemens
Industry, Inc. of Corpus Christi, Texas in the amount of $207,007.95 for the Signal Improvements and
Street Lighting BOND 2012 project for new traffic signal at Ocean Drive and Robert Drive for the base
bid.
PURPOSE:
The purpose of this Agenda Item is to obtain authority to execute a construction contract for new traffic
signal at Ocean Drive and Robert Drive under Signal Improvements and Street Lighting BOND 2012
project.
BACKGROUND AND FINDINGS:
The Signal Improvements and Street Lighting (Bond 2012) Proposition 1 Project was approved by the
voters on November 6, 2012. The Signal Improvement and Lighting “Project” was programmed to
address numerous locations City-wide through various smaller projects and other Street Reconstruction
projects. This is one of the new traffic signals prioritized within the Project.
Other prioritized projects include:
New Traffic Signal at McArdle & Nile Intersection
New Traffic Signal at Cimarron and Lipes Intersection
Upgraded Traffic Signals on Navigation at Up River, Leopard and IH-37
Implementation of the Intelligent Transportation for the new Traffic Management Center
Engineering Construction Contract
Signal Improvements and Street Lighting BOND 2012
Bond 2012 Proposition 1 Brochure description: “Signal Improvements and Street Lighting
$2,000,000.00 – Some arterial and collector intersections are currently signalized and controlled by a
span wire signal head system. A span wire system cannot accommodate pedestrian traffic light control
due to lack of push button signal operation. Also, these intersections would need to be ADA compliant,
new LED signal heads mounted on mast arms, underground conduit, video detection (VIVDS) for signal
operation and illuminated street signage. Upgrading these signals along with installing new warranted
signals city-wide will enhance traffic safety and efficient traffic movement. This project will also upgrade
and install additional street lighting in residential areas and along arterial and collector street city-wide.
Improvements will principally consists of replacing existing mercury-vapor street lighting with higher-
intensity, more efficient high pressure sodium vapor lighting or LED lighting, adding new street lights on
residential streets to improve light spacing, adding lights for area beautification, installing new and
improved continuous street lighting along selected arterial and collector streets, installing new area
lighting as necessary for public safety.”
This project provides for a new traffic signal to be located at the intersection of Ocean Drive and Robert
Drive. The construction will include, but not be limited to: concrete foundations, signal poles, signal mast
arms, signal heads, pedestrian poles, pedestrian heads, conduits, conductors, controller cabinet,
electrical service, and pavement repairs & markings. This work replaces the existing temporary signal at
the location.
On February 3, 2016, the City received proposals from three (3) bidders and the bidders are as follows:
Contractor Base Bid
Siemens Industry, Inc.
Corpus Christi, Texas $207,007.95
Austin Traffic Signal Construction Company, Inc.
Pflugerville, Texas $213,592.10
E-Z Bel Construction, LLC
San Antonio, Texas $250,430.00
The City’s consultant Maldonado-Burkett Intelligent Transportation Systems, LLP, analyzed the three
proposals and determined the lowest reasonable bidder is Siemens based on the review of the bids, past
performance, and other information in accordance with the contract documents.
ALTERNATIVES:
1.Authorize execution of a construction contract.
2.Do not authorize execution of a construction contract. (Not Recommended)
OTHER CONSIDERATIONS:
Not applicable
CONFORMITY TO CITY POLICY:
Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2015-
2016 Street Capital Improvement Planning (CIP) Budget.
EMERGENCY / NON-EMERGENCY:
Not applicable
DEPARTMENTAL CLEARANCES:
Street Department
FINANCIAL IMPACT:
□ Operating □ Revenue X Capital □ Not applicable
Fiscal Year
2015-2016
Project to Date
Expenditures
(CIP only)
Current Year Future Years TOTALS
Budget $2,000,000.00 $2,000,000.00
Expended/Encumbered
Amount 136,259.72 136,259.72
This item $207,007.95 $207,007.95
Future Anticipated
Expenditures This
Project
47,535.79 47,535.79
BALANCE $1,863,740.28 ($254,543.74)$1,609,196.54
Fund(s): ST 46
Comments: N/A
RECOMMENDATION:
City staff and MBITS recommend the construction contract award to Siemens Industry, Inc. in the
amount of $207,007.95 for the Signal Improvements and Street Lighting BOND 2012 project at Ocean
Drive & Robert Drive for the base bid.
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
Presentation
PROJECT BUDGET ESTIMATE
SIGNAL IMPROVEMENTS AND STREET LIGHTING CITY-WIDE
Project No. E12105
FUNDS AVAILABLE:
Street CIP…………………………………………………………………………………………………………$2,000,000.00
FUNDS REQUIRED:
Construction Fees:
Construction (This Item)…………………………………………………………………………………………………………207,007.95
Contingencies …..……………………………………………………………………………………………20,700.80
Construction Materials Testing (Rock)…………………………………………………………………835.00
Design Fees:
Engineering Design (Maldonado-Burkett)…………………………………………………………..136,259.72
Engineering Design for Navigation @ Leopard and Up River ………………………………………………………………………………………………49,512.11
Engineering Design for McArdle and Nile …...………………………………………………………………………………………………………….30,321.74
Engineering Design for Navigation andIH 37 ………………………………………………………………………………………………27,025.68
Engineering Design for Ocean Drive & Robert ………………………………………………………………………………………………………….25,668.95
Amendment No. 1 for Ocean Drive & Robert ………………………………………………………………………………………………………….3,731.24
Reimbursements:
Total Reimbursements:……………………………………………………………………………………..26,000.00
Administration (Capital Programs/Capital Budget/Finance) (0.50%)……………………………………………………………………………….10,000.00
Engineering Services (Project Mgt/Constr Mgt/Land Acq Svcs) (0.75%)………………………………………………………………………………..15,000.00
Misc. (Printing, Advertising, etc.)………………………………………………………………………………………………………..1,000.00
TOTAL………………………………………………………………………………………………………………………………………$390,803.47
* ESTIMATED PROJECT BUDGET BALANCE…………………………………………………………………………………………$1,609,196.54
* Remaining project budget to be used for other locations and other signal and lighting projects.
February 18, 2016
Council Presentation
March 29, 2016
Signal Improvements and Street Lighting
BOND 2012 at Ocean Drive & Robert Drive
1
2
Vicinity Map
3
Project Location
New Traffic Signal at Ocean Drive and Robert Drive will include:
•New poles & mast arms & foundation
•New traffic signal heads
•New conduit, cables & controls
•New pedestrian posts with visual & countdown audible signal
heads
•Pavement repairs & crosswalk markings
Note: existing sidewalks & ADA ramps are compliant
4
Project Scope
5
Project Schedule
Project Estimate: 45 Calendar Days
Nov Dec Jan Feb Mar Apr May
Bid/Award ConstructionDesign
2015 2016
DATE:February 23, 2016
TO:Ronald L. Olson, City Manager
FROM:Dan Grimsbo, Interim Assistant Director of Treatment, Utilities
DanG@cctexas.com
(361) 826-1718
Lisa Aguilar, Senior Assistant City Attorney, Legal
LisaA@cctexas.com
(361) 826-3378
CAPTION:
Resolution authorizing the City Manager or designee to execute an Operations and
Maintenance Agreement with Lavaca-Navidad River Authority (LNRA) to maintain the Mary
Rhodes Phase II easements, as well as, operate and maintain the pipeline and related facilities
for a total initial operating budget of $345,000 dollars.
PURPOSE:
The purpose of this agenda item is to obtain authority to execute an agreement with Lavaca-
Navidad River Authority for operation and maintenance of the Mary Rhodes Pipeline Phase II.
BACKGROUND AND FINDINGS:
In 1992, the City entered into an option agreement for the purchase of up to 35,000 acre-feet
per year of water rights from the Garwood Irrigation Company. Use of the water requires
routing transmission facilities from the Colorado River to the Mary Rhodes Pipeline at a point
just downstream of Lake Texana.
The City is constructing a fifty-four inch (54”) water pipeline and related facilities from a
diversion site on the Colorado River near Bay City Texas, approximately forty-two (42) miles to
a connection point on LNRA property, where it will connect to the LNRA Facilities for delivery
into the City’s Mary Rhodes Pipeline.
For ease of remote operations, the City desires that LNRA operate and maintain Mary Rhodes
Phase II Pipeline in conjunction with Mary Rhodes Phase I Pipeline.
ALTERNATIVES:
Not applicable
Approval of the Mary Rhodes Phase II Pipeline Operations and Maintenance Agreement
AGENDA MEMORANDUM
Future Item for the City Council Meeting of March 29, 2016
Action Item for the City Council Meeting of April 12, 2016
OTHER CONSIDERATIONS:
None
CONFORMITY TO CITY POLICY:
The proposed agreement conforms to City policies and procedures for executing an agreement.
This agreement is in compliance with Texas Government Code Chapter 791 regarding Interlocal
Cooperation Contracts.
EMERGENCY / NON-EMERGENCY:
Non-emergency
DEPARTMENTAL CLEARANCES:
Utility 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 $350,000.00 $350,000.00
Encumbered/
Expended Amount
This item $345,000.00 $345,000.00
BALANCE $5,000.00 $5,000.00
Comments:Expenses resulting from this agreement will be funded from Water Fund.
RECOMMENDATION:
Staff recommends approval of the resolution as presented.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Mary Rhodes Phase II Pipeline Operation and Maintenance Agreement
Resolution authorizing the City Manager or designee to execute an
Operations and Maintenance Agreement with Lavaca-Navidad River
Authority (LNRA) to maintain the Mary Rhodes Phase II easements,
as well as, operate and maintain the pipeline and related facilities for
a total initial operating budget of $345,000 dollars.
Whereas, the City is constructing a fifty-four inch water pipeline and related
facilities from a diversion site on the Colorado River near Bay City Texas, approximately
forty-two (42) miles to a connection point on Lavaca-Navidad River Authority property
where it will connect to LNRA facilities for delivery into the City’s Mary Rhodes Pipeline;
Now, therefore, be it resolved by the City of Corpus Christi, Texas:
Section 1. That the City Manager or designee is authorized to execute a ten-year
Agreement with Lavaca-Navidad River Authority for Operation and Maintenance of the
Mary Rhodes Pipeline Phase II easements, as well as operate and maintain the pipeline
and related facilities, with a total initial fiscal year operating budget of $345,000. A copy
of the agreement is on file in the office of the City Secretary.
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
Michael Hunter
Chad Magill
Colleen McIntyre
Brian Rosas
Lucy Rubio
Mark Scott
Carolyn Vaughn
MARY RHODES PHASE II PIPELINE OPERATION AND MAINTENANCE
AGREEMENT
This Agreement (“Agreement”), dated as of _____________________, 201___
(“Effective Date”), is between the Lavaca-Navidad River Authority (“LNRA”), a conservation
and reclamation district and political subdivision of the State of Texas, organized and operating
under Article XVI, Section 59 of the Texas Constitution and the City of Corpus Christi, Texas
(“City”), a Texas home-rule city pursuant to Tex. Government Code Section 791.026.
RECITALS
1.The City has a water right authorizing it to divert 35,000 acre-feet per year from
the Colorado River for irrigation, municipal, and industrial purposes at a rate not to exceed 150
cfs or 298 acre-feet per day (“Colorado River Water”).
2.The City is constructing a fifty-four (54) inch water pipeline (“Mary Rhodes
Phase II Pipeline”) and related facilities (“Mary Rhodes Phase II Facilities”) from a diversion
site on the Colorado River near Bay City, Texas, approximately forty-two (42) miles to a point
on LNRA property where it will connect to LNRA Facilities for delivery into the City’s Mary
Rhodes Pipeline.
3.The City and LNRA desire that LNRA maintain the Mary Rhodes Phase II
easements, as well as operate and maintain the pipeline and related facilities during the term of
this Agreement.
In consideration of the mutual covenants and agreements contained in this Agreement,
LNRA and the City agree as follows:
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I.
DEFINITIONS
1.01 Definition of Terms. Unless otherwise defined in this Agreement, or unless the context
clearly requires otherwise, the following terms and phrases shall have the meanings indicated:
“Delivery Point” means the point where water is delivered to the City as defined in the 1993
Water Supply and Conveyance Contract by and between LNRA and the City of Corpus Christi
(Delivery Contract).
“Mary Rhodes Phase II Facilities” means pumping and diversion facilities, pipelines and
valves and appurtenances as further described on the attached Exhibit A.
“Mary Rhodes Phase II Pipeline” means the City’s fifty-four (54) inch pipeline
constructed from a diversion point on the Colorado River to a Surge Tank to be located on
LNRA property and connects to LNRA Facilities as further described on the attached Exhibit A.
The term also includes the easements and rights-of-way associated with the Mary Rhodes Phase
II Pipeline.
“Mary Rhodes Phase II Expenses” means the reasonable and necessary expenses incurred
in the efficient and economical administration, management and operation and the maintenance
of the Mary Rhodes Phase II Pipeline and Mary Rhodes Phase II Facilities in good repair and
operating condition.
“Mary Rhodes Phase II Reserve Fund” means a fund equal to three (3) month’s Mary
Rhodes Phase II Expenses, as identified in the approved annual budget for the then current fiscal
year to be used for small, unplanned repairs.
“Colorado River Water” means water transmitted through the Mary Rhodes Phase II
Pipeline.
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“Colorado River Water Meter” means a flow meter located on LNRA owned property
situated along the Mary Rhodes Phase II Pipeline upstream from the Surge Tank to measure
amount of Colorado River Water passing to the West Delivery System.
“LNRA Facilities” means the West Delivery System and any improvements and
appurtenances thereto (“West Delivery System Improvements”) including the gravity line
connecting the Surge Tank to the West Delivery System existing intake structure (“West
Delivery System Intake Extension”).
“Mary Rhodes Pipeline” means the 101-mile long, 64 inch diameter pipeline owned by
Corpus Christi that transports water from the Delivery Point to the O.N. Stevens Water
Treatment Plant in Corpus Christi.
“Operating Protocols” means operating procedures established for the Mary Rhodes
Phase II Pipeline and Mary Rhodes Phase II Facilities to be used during the term of this
Agreement.
“Supervisory Control and Data Acquisition System” or “SCADA” means an assembly of
equipment used to remotely control the pumping system.
“Surge Tank System” means a pipeline, surge tank, gravity line and meter located on
LNRA property used to convey Colorado River Water to the West Delivery System.
“Texana Water” means the water delivered to the City under the Delivery Contract dated
December 14, 1993 and the Interruptible Water Supply Contract dated July 24, 2001 and as
amended July 22, 2003 between LNRA and the City.
“TCEQ” means Texas Commission on Environmental Quality.
“West Delivery System” means LNRA’s intake structure, pipeline, pumps, meter and
related facilities used to move water from Lake Texana to the Mary Rhodes Pipeline.
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“West Delivery System Improvements” means the modifications to the West Delivery
System which are necessary to accept Colorado River Water and deliver Colorado River Water
and/or Colorado River Water commingled with Texana Water to the Delivery Point.
1.02 Interpretation. Terms used in this Agreement with initial letters capitalized and not
otherwise defined in this Agreement have the meanings assigned to them in Section 1.01. The
table of contents and caption headings of this Agreement are for reference only and shall not
affect its interpretation in any respect. Except where the context otherwise requires, words
impacting the singular number shall include the plural number and vice versa. Reference to any
document means that document as amended or supplemented from time to time. Reference to
any party or governmental regulatory agency means the entity and its successors and assigns.
This Agreement and all terms and provisions, including exhibits, shall be liberally construed to
effectuate the purposes set forth herein and to sustain the validity of this Agreement.
II.
CONSTRUCTION OF MARY RHODES PHASE II PIPELINE and PHASE II
FACILITIES
2.01 The City shall, at its sole cost, risk, expense and liability, obtain easements and rights-of-
ways and design and construct the Mary Rhodes Phase II Pipeline and the Mary Rhodes Phase II
Facilities or cause them to be constructed in such a manner that it is sufficient to meet the
anticipated requirements of the City for the diversion, transport, delivery and receipt of the
Colorado River Water. In addition, the City will construct the intake structure at the diversion
site near Bay City, Texas and all facilities necessary to tie into the Mary Rhodes Pipeline,
including the Surge Tank System and West Delivery System Improvements. The Mary Rhodes
Phase II Pipeline and the Mary Rhodes Phase II Facilities shall be constructed and operated in
accordance with all applicable federal and state laws, rules, regulations and orders. The
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transmission portion of the Mary Rhodes Phase II Pipeline will be designed, constructed, tested
and certified to comply with applicable safety requirements for maximum allowable operating
pressures. The City shall have the right to make modifications to the design and operating
parameters of the Mary Rhodes Phase II Pipeline and Mary Rhodes Phase II Facilities from time-
to-time, provided that such modifications shall comply with applicable safety laws, rules,
regulations and orders, and do not adversely affect LNRA’s operations under the terms of this
Agreement.
2.02 As-Built Plans.The City will provide LNRA with a complete set of an as-built set of
plans of the Mary Rhodes Phase II Pipeline and Mary Rhodes Phase II Facilities and appurtenant
equipment, together with copies of all rights-of-way easements and operating information and
data in the City’s possession from time-to-time. The City will give LNRA not less than thirty
(30) days’ notice prior to changing the operating parameters or commencing any modifications
of the Mary Rhodes Phase II Pipeline and Mary Rhodes Phase II Facilities.
2.03 Permits and Approvals. The City shall obtain all permits and approvals required for the
operation of the Mary Rhodes Phase II Pipeline and the Mary Rhodes Phase II Facilities. If, by
virtue of regulatory, legal, financial, or other requirements, it is necessary or appropriate that any
permit or approval should be held jointly, LNRA and the City agree to fully cooperate with each
other in efforts to obtain, hold, and comply with such permits or approvals.
III.
OPERATION AND MAINTENANCE OF PIPELINE AND FACILITIES
3.01 LNRA shall provide, or cause to be provided, management, workforce, and all other
services required for the operation and maintenance of Mary Rhodes Phase II Pipeline and Mary
Rhodes Phase II Facilities in accordance with this Agreement. LNRA agrees to use, or cause to
6
be used, reasonable diligence and care in performance under this Agreement. The City shall pay
LNRA a fee each month (“Operator Fee”) in the amount as determined in Section 4.01 below in
consideration of LNRA’s agreement to perform the following described duties and
responsibilities with respect to the Mary Rhodes Phase II Pipeline and Mary Rhodes Phase II
Facilities and their appurtenant equipment:
a.Observe and participate in the City’s contractor’s startup and testing of the Mary
Rhodes Phase II Pipeline and Mary Rhodes Phase II Facilities and their
appurtenant equipment;
b. Supervise and manage day-to-day operations and tasks listed on the attached
Exhibit B in a diligent and workmanlike manner;
c.Provide water usage reports to City for City to file as required by TCEQ;
d.Operate pumping facilities at and receive water from the intake diversion
structure and dispatch water through the Mary Rhodes Phase II Pipeline and Mary
Rhodes Phase II Facilities in accordance with the terms of this Agreement;
e.Keep right-of-way free of high weed, grass, and trees in accordance with
individual landowner easement documents;
f.Monitor and maintain cathodic protection;
g.Witness all meter tests at the intake diversion point and the Colorado River Water
Meter;
h.Perform other usual and necessary maintenance, operations, and minor repairs
(excluding major pipeline repairs) in accordance with customary water
transmission pipeline practices and using spare parts, if available, from the spare
parts provided by the City identified in a list of spare parts provided to LNRA by
the City or its third party contractor ;
i.Within thirty (30) days after the end of each month, provide the City with a
detailed statement of all operations, maintenance repairs, as well as the volume of
water received at the intake diversion structure and delivered at the Colorado
River Water Meter for the preceding month;
j.Provide for line locations for underground construction crossing and/or around the
pipeline; and,
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k.Maintain and operate the Mary Rhodes Pipeline Phase II Pipeline and Mary
Rhodes Phase II Facilities in accordance with manufacturer recommendations as
provided to LNRA by City or its third party contractor.
3.02 Operating Protocols. LNRA will operate and maintain the Mary Rhodes Phase II
Pipeline and Mary Rhodes Phase II Facilities in the same manner and with the same degree of
care and diligence with which it operates its own 36” and 54” pipeline and related pumping and
meter facilities.
LNRA jointly with the City or its third party contractor shall develop an operating
procedure (“Operating Protocol”). The Operating Protocols shall be explicitly followed by the
Parties. At a minimum, the Operating Protocols shall include the following:
a.Combined delivery system (Mary Rhodes Phase II in combination with the West
Water Delivery System and Mary Rhodes Pipeline) start-up and testing;
b.Start-up, operation, and shutdown of one or any combination of pumps at the Bay
City diversion facilities and at any booster pumps;
c.Operation of Mary Rhodes Phase II Pipeline control valves while ensuring
compliance with design and operation parameters of the LNRA Facilities and the
Mary Rhodes Phase II Facilities;
d.Operation of water meters;
e.Operation of LNRA Facilities and Mary Rhodes Phase II Pipeline and Mary
Rhodes Phase II Facilities by on-site and/or remote equipment;
f.Schedules and operations to accommodate diversion, transportation, and delivery
of Colorado River Water to the West Delivery System and Texana and Colorado
River Water to the Delivery Point; and
g.Ordering of the water from Lower Colorado River Authority.
As the operating protocols for Mary Rhodes Phase II Pipeline and Phase II Facilities are
developed, annually reviewed and subsequently revised, the City shall provide LNRA the
opportunity to review and comment. LNRA and the City shall review the operational protocols at
least once annually.
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3.03 Contract for Services.
a.The City acknowledges that LNRA has the right in LNRA’s discretion to contract
with other parties and/or agents to conduct any operations of LNRA’s operations of the Mary
Rhodes Phase II Pipeline and Mary Rhodes Phase II Facilities including but not limited to
oversight and maintenance of the cathodic protection system, easement maintenance and
operation, maintenance of pumping equipment at Bay City, repair to pipeline appurtenances,
underwater diver services, debris removal from river and maintenance for sedimentation basin.
b.Such contracts shall be limited in term to the then-current City fiscal year and not
exceed amounts included in the approved Annual Budget described below. For multi-year
contracts that extend beyond the City’s then-current fiscal year, LNRA shall require that all such
contracts shall contain provision that continuation of the contract beyond the then current fiscal
year of the City is subject to termination upon receipt of written notice due to nonappropriation
in the City’s annual budget process.
c.LNRA agrees to require that any contractor hired by LNRA to perform work
under this Agreement shall be required to obtain and maintain the insurance as required herein in
Exhibit C
d.LNRA shall require that all contracts for work to under this Agreement, include,
in large, bold face text the following indemnity section: “Contractor does hereby agree
to release, indemnify, defend and hold harmless City of Corpus Christi, and
all of its officials, officers, agents and employees, in both their public and
private capacities, from and against any and all liability, claims, losses,
damages, suits, demands or causes of action including all expenses of litigation
and/or settlement, court costs and attorney fees which may arise by reason of
9
injury to or death of any person or for loss of, damage to, or loss of use of any
property occasioned by error, omission, or negligent act of Contractor, its
officers, agents, employees, subcontractors, invitees or any other person
arising out of or in connection with the performance of the construction
contract, and contractor shall at his or her own cost and expense defend and
protect the City of Corpus Christi from any and all such claims and
demands.”
3.04 Pipeline Crossing. The City is responsible for final approval and the granting of
permits, easements, license, rental or rights-of-way to third parties who desire to cross the City’s
pipeline easement. The City may, in consultation with LNRA, develop a standard pipeline
crossing agreement. The City and LNRA may amend this Agreement to provide for all pipeline
crossings and other third-party easement encroachments to be managed by LNRA in a manner
that minimizes any disruption of LNRA’s operation of the Mary Rhodes Phase II Pipeline and
Mary Rhodes Phase II Facilities.
3.05 Owner's Representatives. The City Manager or his designee are hereby designated as
the Owner's Representatives who shall be authorized to field verify all work performed under
this agreement.
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IV.
RATES AND CHARGES
4.01 Payments by the City.
a.The work to be performed by LNRA under and pursuant to this Agreement shall
be paid for as described herein.
b.As consideration for LNRA’s performance of this agreement, City agrees to pay
LNRA an amount equal to the sum of the following:
1.Sum of actual Mary Rhodes Phase II Expenses including LNRA
Administrative Fee up to the amounts in the approved Annual Budget
described below; and
2.Funding the Mary Rhodes Phase II Reserve Fund up to amount identified
in the approved Annual Budget described below.
c.Payment shall be made by City on monthly submission of invoice by LNRA.
Upon request by the City, LNRA will provide documentation supporting expenses in 4.01.a and
b. above.
4.02 Budgets.
a.The costs to be paid by the City pursuant to the provisions of Section 4.01 shall be
based on projected expenditures of LNRA established by budgets. The categories to be included
in annual budget for the Mary Rhodes Phase II Expenses shall include line items for the the
following categories:
Professional Services: Expenses for professional engineering, accounting, land surveying and
legal
Contracts: Contracts for easement mowing/maintenance, meter calibration and cathodic
protection services.
Insurance:Expense for insurance coverage required under this Agreement.
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Equipment Rental: Expenses for vehicle use attributed to monitoring and maintaining the
Mary Rhodes Phase II Pipeline and Mary Rhodes Phase II Facilities.
Maintenance: Expense related to tools, supplies, parts, etc.
Equipment Repair: Expense for repairing damaged equipment associated with the Mary
Rhodes Phase II Pipeline and Mary Rhodes Phase II Facilities.
Salaries/Benefits: Expenses for labor associated with the monitoring and maintenance of the
Mary Rhodes Phase II Pipeline and Mary Rhodes Phase II Facilities.
Communications: Expense for providing and maintaining telemetry, radio, telephone and any
other systems needed for communication to operate and maintain the Mary Rhodes Phase II
Pipeline and Mary Rhodes Phase II Facilities.
Administrative Fee: Fee for LNRA’s management of professional services and other contracts
necessary for the operation and maintenance of the Mary Rhodes Phase II Pipeline and Mary
Rhodes Phase II Facilities
Mary Rhodes Pipeline Reserve Fund: To be used for small unplanned repairs.
b.LNRA has submitted to the City a budget (“Initial Budget”) which is attached as
Exhibit D covering the period beginning on date this Agreement is finally approved and ending
on September 30, 2016. The Initial Budget for the period beginning the date this Agreement is
hereby approved.
c.All subsequent annual budgets approved by the City (“Annual Budgets”) prepared
pursuant hereto shall comprise an estimate on a City fiscal year basis of the costs described
above in Section 4.01. Proposed Annual Budgets shall not increase more than 5% from prior
Annual Budget without prior concurrence from the City Manager or designee. Annual Budgets
shall make provision for maintaining any reserve funds required by this Agreement. In preparing
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such budgets, LNRA shall consider actual expenses experienced during the previous twelve (12)
month period expected inflation and other reasonably predictable increases in expenses, deficits
or surpluses in any funds on hand and available for such purpose. LNRA shall provide annual
budget forecast detailing future repairs and improvements to made to the Mary Rhodes Phase II
Pipeline and Mary Rhodes Phase II Facilities.
d.A proposed Annual Budget shall be submitted by LNRA to the City at least ninety
(90) days prior to end of City fiscal year during the term of this Agreement and the City shall
either consent to each such budget through the City’s annual budget process or institute
negotiations with respect thereto. Upon City approval, the proposed Annual Budget shall
become the approved Annual Budget. If LNRA and the City have not finally agreed on the
Annual Budget by fifteen (15) days prior to each September 30, then the most recently approved
Annual Budget shall be deemed adopted to be used as the Annual Budget for the ensuing fiscal
year.
e.LNRA and the City agree and covenant with each other that any budget
negotiations will be conducted in good faith and with a view toward establishing the lowest
possible costs for the provision of service from the System consistent with good operating
practices.
4.03 Budget Review and Revision. If LNRA determines at any time during the year that the
actual Mary Rhodes Phase II Expenses have varied by more than ten percent (10%) from the
approved Annual Budget, LNRA shall promptly notify the City Manager or designee to request
revisions to the budget. Budget revisions made during the year shall take into consideration any
surplus or deficiency in any fund in the Annual Budget. Budget revisions made during the year
shall take effect upon approval by the City Manager or his designee.
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4.04 Billing. LNRA will render monthly bills for the payments required by Section 4.01 on or
before the tenth (10th) day of each month, and such bills shall be due and payable on or before
the tenth (10th) day of the succeeding month. Bills shall be deemed paid when payment actually
has been received by LNRA or its designee. For any bill not paid on or before the due date,
interest shall accrue in accordance with the Texas Prompt Payment Act, Texas Government Code
Chapter 2251. LNRA may from time-to-time, by forty-five (45) days written notice, change the
monthly date on which it shall render bills and the corresponding due dates. Payment to LNRA
shall be made at its offices in Jackson County, Texas.
4.05 Cost of Unanticipated Repair/Replacement The City is responsible to arrange for
contracts and funding needed for emergency repairs needed for the Mary Rhodes Phase II
Pipeline and Mary Rhodes Phase II Facilities.
4.06 Obligation of the City. The Parties agree that the City’s obligations under this
Agreement to make payments to LNRA for service in any fiscal year are a current expense for
that fiscal year.
4.07 No Water Sale Agreement. The Parties acknowledge and agree that this Agreement is
an agreement for services and does not constitute an agreement regarding the sale or purchase of
water. The Parties agree that the Texas Commission on Environmental Quality has no
jurisdiction to set rates under this Agreement. The Agreement may be enforced, however, in a
court of competent jurisdiction.
V.
INSURANCE AND INDEMNITY
5.01 Insurance for Mary Rhodes Pipeline Phase II and Facilities. The City shall carry fire
and casualty insurance for the Mary Rhodes Pipeline Phase II and Mary Rhodes Phase II
14
Facilities for purposes and in amounts deemed necessary by the City Risk Manager. The City
may determine to self-insure in lieu of acquiring insurance coverage. .
5.02 Insurance for Operations. While LNRA provides operations and maintenance services
pursuant to this Agreement, LNRA will carry insurance as specified on Exhibit E.
VI.
TERMINATION; OPTION TO RENEW; GENERAL PROVISIONS
6.01 Term. The term of this Agreement shall be for a period of ten (10) years beginning on
the date first appearing above, unless sooner terminated as herein provided.
6.02 Termination. Either LNRA or the City may terminate this Agreement, at any time, with
or without cause, by delivering to the other party a written notice stating such desire and
specifying the date on which this Agreement is to terminate, which date shall be at least six (6)
months from the date of such notice. In addition, this Agreement is subject to termination upon
receipt of written notice from the City due to non-appropriation of funds during the City’s annual
budget process.
6.03 Option to Renew. If, at the expiration of the fixed term of this Agreement as above
provided, City is not in default and this Agreement is then in full force and effect, the City shall
have the option to renew and extend this Agreement for up to additional ten (10) years on the
terms and conditions agreed to by both parties, provided that City delivers written notice to
LNRA by registered or certified, prepaid and properly addressed first class United States mail of
its intention to do so not less than ninety (90) days prior to the expiration of the original term
herein provided.
6.04 Default. If either party defaults in the observance or performance of any of the
provisions, agreements or conditions to be observed or performed on its part under this
15
Agreement, the other party may give written notice to the party in default of its intention to
terminate this Agreement, specifying the failure or default relied upon. Upon the expiration of
forty-five (45) days after the giving of such notice, this Agreement shall terminate, unless, within
such forty-five (45) day period, or such longer period as may be specified in such notice or any
amendment of or supplement to such notice, the default specified in such notice shall have been
fully cured.
6.05 Rights after Termination. Upon termination by either party pursuant to Section 6.02
above, the City shall pay all costs identified in Section 4.01(a) through the date of termination,
including any claims or damages arising out of contracts entered into by LNRA in accordance
with this Agreement for operation of Mary Rhodes Phase II Pipeline and Mary Rhodes Phase II
Facilities. This provision shall survive any such termination. Within 30 days of termination by
either party pursuant to Section 6.02 above, LNRA shall deliver to the City all operating
manuals, maintenance records, permits and other documents relating to the operation of the Mary
Rhodes Phase II Pipeline and Mary Rhodes Phase II Facilities.
6.06 Force Majeure. If by reason of force majeure, either party shall be rendered unable,
wholly or in part, to carry out its obligations under this Agreement, and if such party gives notice
and full particulars of such force majeure, in writing, to the other party within a reasonable time
after occurrence of the event or cause relied on, the obligations of the party giving such notice
(other than obligations for the payment of money), so far as they are affected by such force
majeure, shall be suspended during the continuance of the inability then claimed, including a
reasonable time for removal of the effect thereof. The term “force majeure” shall mean acts of
God, strikes, lockouts or other industrial disturbances, acts of the public enemy, orders of any
kind of the Government of the United States, or any state, or any agency or political subdivision
16
of the United States or any state, or any other civil or military authority, insurrection, riots,
epidemics, landslides, lightening, earthquakes, fire, hurricanes, tornadoes, storms, floods,
washouts, droughts, arrests, civil disturbances, explosions, breakage or accidents to machinery,
transmission pipes or canals, shortages of labor, materials, supplies or transportation, or any
other cause not reasonably within the control of the party claiming such inability. The
requirement that any force majeure shall be reasonably beyond the control of the party shall be
deemed to be fulfilled even though the existing or impending strike, lockout or other industrial
disturbance may not be settled but could have been settled by acceding to the demand of the
opposing person or persons. The parties shall use their best efforts to remove the cause of any
force majeure.
6.07 Assignment. This Agreement shall be assignable in whole or part by either party with
prior written consent of the other party, which consent shall not be unreasonably withheld.
6.08 City Audit. Upon reasonable notice, during normal business hours, the City shall be
entitled to inspect and review LNRA records of any costs assessed or incurred under this
Agreement.
6.09 Notices. All notices, requests, demands and other communications hereunder shall be in
writing and shall be deemed to have been duly given when sent by first-class mail, postage
prepaid, addressed
if to LNRA:
Lavaca-Navidad River Authority
PO Box 429
Edna, TX 77957
Attention: General Manager
and if to the City:
City of Corpus Christi, Texas
PO Box 9277
Corpus Christi, TX 78469-9277
17
Attention: City Manager
or, in each case, at such other address as may hereafter have been designated most recently in
writing by the addressee to the addressor.
6.10 Governing Law, Entire Agreement, Etc. This Agreement (a) may be executed in
several counterparts, each of which shall be deemed an original, and all of which shall constitute
one and the same instrument; (b) constitutes the entire agreement between LNRA and the City
with respect to the subject matter hereof; (c) shall be governed in all respects, including validity,
interpretation and effect, by and shall be enforceable in accordance with the laws of the State of
Texas; (d) may be modified only by an instrument signed by the duly Authorized Representative
of each of the parties, and (e) shall not be construed as a contract for the benefit of a third party
other than a permitted successor or assign of a party. In the event that any clause or provisions
of this Agreement shall be held to be invalid by any court of competent jurisdiction, the
invalidity of such clause or provisions shall not affect any of the remaining provisions hereof.
Each party may specifically, but only in writing, waive any breach of this Agreement by the
other party, but no such waiver shall be deemed to constitute a waiver of similar or other
breaches by such other party.
IN WITNESS WHEREOF, LNRA and the City have caused this Agreement to be
executed on their behalf by their duly Authorized Representatives, as of the date first set forth
above.
18
LAVACA-NAVIDAD RIVER AUTHORITY
By:
President and Director
[SEAL]
ATTEST:
Vice-President and Director
19
CITY OF CORPUS CHRISTI, TEXAS
By:
City Manager
[SEAL]
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
20
EXHIBIT A
Description of Mary Rhodes Phase II Pipeline
Approximately 42 miles of 54-inch diameter raw water transmission pipeline and appurtenances:
The 42 miles of pipeline extends from the booster pump station in a westerly direction to the tie-
in to the West Delivery System. The 54-inch transmission pipeline is primarily bar-wrapped
concrete cylinder pipe with two sections of horizontally directional drilled steel pipeline and
various bored, cased crossings. It also includes pipeline markers, combination air valves, blow-
off valves and main line butterfly valves. The pipeline is protected by an impressed current
cathodic protection system with associated appurtenances including rectifiers.
Description of Mary Rhodes Phase II Facilities
1.Colorado River intake and pump station
2.A two-cell sedimentation basin which is lined with geotextile and soil cement
3.A booster pump station
4.The Colorado River intake and booster pump stations and the sedimentation basin
are located on Corpus Christi-owned property adjacent to Bay City, Texas at the
intersection of SH 35 and the Colorado River.
5.The intake includes two intake pipelines, supporting piles, wire mesh screens and
an air-burst system.
6.Buoys are required adjacent to the intake pipes and screens during low river flow.
7.The river and booster pump stations include three and four pumps respectively
with associated motors, Variable Frequency Drives,
electrical/mechanical/plumbing systems and valves.
8.A 6 MG surge tank, approximately 1,300 linear feet of 54-inch tie-in pipeline and
appurtenances and a tie-in vault that ties the 54-inch tie-in pipeline to the existing
72-inch Lake Texana intake pipeline. The 6 MG surge tank is a pre-stressed
concrete cylinder tank that is mostly buried. The 1,300 linear feet of tie-in
pipeline is steel pipeline encased in flowable fill.
10.Communication system: The pipeline is paralleled by a fiber optic
communication system used to provide telemetry and other communications
needed for operation and maintenance of the Mary Rhodes Pipeline Phase II
Pipeline and Facilities.
11.SCADA: A SCADA system is used to remotely operate pumping facilities.
21
EXHIBIT B - Additional Maintenance Tasks
LNRA maintenance responsibilities on Mary Rhodes Phase II Pipeline shall include the
following. During the first year of operation all equipment and any leaks will be repaired under
warranty by the contractor.
Pipeline Easement
Provide for line locations on 54” transmission main, fiber optics and Cathodic Protection
Rectifiers. Maintain records of all requests for line locations and crossings.
Conduct Cathodic Protection Survey reports and rectifier adjustments as directed by City’s
third party consultants.
Repair any cathodic protection test stations that may get damaged.
Repair any leaks on pipeline or its appurtenances per manufacture recommendations.
Correct erosion on pipeline easement.
Valve exercise maintenance operations on air release valves or associated appurtenances.
Meet with property owners to address any legitimate concerns related to pipeline easement.
Mow any pipeline easement per agreements and keep easement from becoming overgrown.
Repair any gates that may get damaged and maintain a secured lock system. All locks are the
same and no keys given out to anyone without prior City Manager or designee consent.
Mary Rhodes Phase II Facilities - Colorado River Pump Station
Maintain a record of all maintenance and make available for review by the COCC at any
time.
Exercise valves and equipment on site per manufacturer requirements.
Operate Pump Station.
Maintain all pumping equipment per manufacturer recommendations.
Maintain all building and its appurtenances on site.
Mow grounds and maintain weed control along fencing and onsite.
Pest control quarterly.
Maintain sedimentation basins in accordance with operating protocols.
HVAC system maintenance per manufacturer recommendations.
Conducted annual overhead crane hoist inspections.
Keep river intake clean of debris.
Set river buoy system out as required.
Contact Matagorda County Sheriff’s Office and/or coordinate with local law enforcement to
respond to intruder alerts.
Conduct annual cleaning of all electrical cabinets at both the river and booster pump stations.
Maintain video surveillance on river system.
Maintain water quality first alert system.
Maintain SCADA system.
Maintain emergency generator system per manufactures recommendations.
Maintain spare parts as provided by City contractor and location log.
22
EXHIBIT C
INSURANCE TO BE REQUIRED FROM ANY CONTRACTOR HIRED BY LNRA TO
WORK UNDER THIS AGREEMENT
I.LNRA CONTRACTOR’S LIABILITY INSURANCE
A.LNRA CONTRACTOR must not commence work under this contract until all
insurance required has been obtained and such insurance has been approved by
the City. LNRA CONTRACTOR must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
B.LNRA CONTRACTORS must furnish to the City’s Risk Manager and Director
of Utilities, one (1) 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 listed as an
additional insured on the General liability and Auto Liability policies by
endorsement, and a waiver of subrogation by endorsement is required on all
applicable policies. Endorsements must be provided with Certificate of
Insurance. Project name and/or number must be listed in Description Box of
Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of
cancellation, non-renewal, material change
or termination required on all certificates
and policies.
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability including:
1.Commercial Broad Form
2.Premises and On-Going Operations
3.Products/ Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
$2,000,000 Aggregate
AUTO LIABILITY (including)
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
$500,000 Combined Single Limit
UMBRELLA/EXCESS LIABILITY $5,000,000 Per Occurrence
23
WORKERS’S COMPENSATION
(All States Endorsement if Company is not
domiciled in Texas)
Employer’s Liability
Statutory and complies with Part II of this
Exhibit.
$500,000/$500,000/$500,000
C.In the event of accidents of any kind related to this contract, LNRA
CONTRACTOR must furnish the Risk Manager with copies of all reports of any
accidents within 10 days of the accident.
II.ADDITIONAL REQUIREMENTS
A.Applicable for paid employees, LNRA CONTRACTOR 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 LNRA CONTRACTOR will be promptly met. An All States Endorsement
shall be required if LNRA CONTRACTOR is not domiciled in the State of Texas.
B.LNRA CONTRACTOR shall obtain and maintain in full force and effect for the
duration of this Contract, and any extension hereof, at LNRA
CONTRACTOR’S'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.LNRA CONTRACTOR shall be required to submit a copy of the replacement
Certificate of Insurance to City at the address provided below within 10 days of
any change made by the LNRA CONTRACTOR or as requested by the City.
LNRA CONTRACTOR shall pay any costs incurred resulting from said changes.
All notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D.LNRA CONTRACTOR 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;
24
Provide for an endorsement that the "other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on
the policy;
Workers' compensation and employers' liability policies will provide a waiver
of subrogation in favor of the City; and
Provide thirty (30) calendar days advance written notice directly to City of
any, cancellation, non-renewal, material change or termination in coverage
and not less than ten (10) calendar days advance written notice for
nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, LNRA CONTRACTOR shall provide a replacement
Certificate of Insurance and applicable endorsements to City. City shall have the
option to suspend LNRA CONTRACTOR’S'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 LNRA
CONTRACTOR’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 LNRA CONTRACTOR to stop work hereunder, and/or
withhold any payment(s) which become due to LNRA CONTRACTOR
hereunder until LNRA CONTRACTORS demonstrate compliance with the
requirements hereof.
G.Nothing herein contained shall be construed as limiting in any way the extent to
which LNRA CONTRACTOR may be held responsible for payments of damages
to persons or property resulting from LNRA CONTRACTOR or its
subcontractor’s performance of the work covered under this contract.
H. It is agreed that LNRA CONTRACTOR’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
Utilities
LNRA CONTRACTOR’S Liability Insurance Requirements
11/9/2015 ds Risk Management
25
EXHIBIT D
INITIAL APPROVED BUDGET FOR TIME PERIOD ENDING SEPTEMBER 30, 2016
ADMINISTRATIVE SERVICES FY 2016 proposed
Reserve Fund $40,000
Administrative fee $14,500
INSURANCE $30,000
PROFESSIONAL SERVICES $25,000
GENERAL OPERATIONS/MAINTENANCE
Contracts $47,500
Equipment Rental $45,000
Maintenance $55,000
Equipment Repair $10,000
PERSONNEL SERVICES
Salaries/Benefits $66,500
COMMUNICATIONS $12,000
Total Initial Operating Budget $345,000
26
EXHIBIT E
INSURANCE REQUIREMENTS
I.LNRA’S LIABILITY INSURANCE
A.LNRA must not commence work under this contract until all insurance required
has been obtained and such insurance has been approved by the City. LNRA
must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
B.LNRA must furnish to the City’s Risk Manager and Director of Utilities, one (1)
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 listed as an additional insured on the
General liability and Auto Liability policies by endorsement, and a waiver of
subrogation by endorsement is required on all applicable policies.
Endorsements must be provided with Certificate of Insurance. Project name
and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of
cancellation, non-renewal, material change
or termination required on all certificates
and policies.
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability including:
1.Commercial Broad Form
2.Premises and On-Going Operations
3.Products/ Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
$10,000,000 Per Occurrence
$10,000,000 Aggregate
AUTO LIABILITY (including)
4. Owned
5. Hired and Non-Owned
6. Rented/Leased
$500,000 Combined Single Limit
WORKERS’S COMPENSATION
(All States Endorsement if Company is not
domiciled in Texas)
Employer’s Liability
Statutory and complies with Part II of this
Exhibit.
$500,000/$500,000/$500,000
27
C.In the event of accidents of any kind related to this contract, LNRA
CONTRACTOR must furnish the Risk Manager with copies of all reports of any
accidents within 10 days of the accident.
II.ADDITIONAL REQUIREMENTS
A.Applicable for paid employees, LNRA 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 LNRA will be promptly met. An All States Endorsement shall be required if
LNRA is not domiciled in the State of Texas.
B.LNRA shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at LNRA'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.LNRA shall be required to submit a copy of the replacement Certificate of
Insurance to City at the address provided below within 10 days of any change
made by the LNRA or as requested by the City. LNRA shall pay any costs
incurred resulting from said changes. All notices under this Exhibit shall be given
to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D.LNRA 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;
28
Workers' compensation and employers' liability policies will provide a waiver
of subrogation in favor of the City; and
Provide thirty (30) calendar days advance written notice directly to City of
any, cancellation, non-renewal, material change or termination in coverage
and not less than ten (10) calendar days advance written notice for
nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, LNRA shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend LNRA’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 LNRA’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 LNRA to
stop work hereunder, and/or withhold any payment(s) which become due to
LNRA hereunder until LNRA demonstrates compliance with the requirements
hereof.
G.Nothing herein contained shall be construed as limiting in any way the extent to
which LNRA may be held responsible for payments of damages to persons or
property resulting from LNRA or its subcontractor’s performance of the work
covered under this contract.
H. It is agreed that LNRA’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.
DATE:February 19, 2016
TO:Ronald L. Olson, City Manager
THROUGH:Mark Van Vleck, P.E., ACM for Public Works and Utilities
FROM:Dan McGinn. Assistant Director Envronmental and Strategic Initiatives
DanielMc@cctexas.com
361-826-9294
CAPTION:
Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation
Agreement with University of North Texas and with Texas A& M University Corpus Christi for air
quality research and planning program for Nueces and San Patricio County area in the amount
of $191,685.63 each.
PURPOSE:
The attached Interlocal Agreements provide for activities associated with Grant Agreement 582-
16-60182 between the Texas Commission on Environmental Quality (TCEQ) and the City of
Corpus Christi, executed on October 13.2015 and approved by the 84th Texas Legislature for a
total funding of $405,243.32 for FY2016 air quality planning.
BACKGROUND AND FINDINGS:
Since the mid-1990’s the City of Corpus Christi has received grant funds with no City match
from the TCEQ to administer the grant and oversee activities associated with air quality
planning, monitoring and modeling.
The TCEQ made an additional $405,243.32 available to the City. The City’s Rider 7 Air Quality
Planning grant provides for the city to sub-contract near non-attainment assessment and
planning with Texas A&M Corpus Christi and the University of North Texas.
The interlocal agreements must be executed by the City and Texas A&M University-Corpus
Christi and the University of North Texas in order to ensure the activities associated with air
quality planning, monitoring and modeling are completed.
ALTERNATIVES:
1. Approval of the Resolution as recommended.
2. Decline to accept the grant agreement
Interlocal Agreements under Texas Commission on Environmental Quality
Air Quality Planning Grant
AGENDA MEMORANDUM
Future Item for the City Council Meeting of 03/29/2016
Action Item for the City Council Meeting 04/12/2016
OTHER CONSIDERATIONS:
Not applicable
CONFORMITY TO CITY POLICY:
The contract and selection process complies with City Policy.
EMERGENCY / NON-EMERGENCY:
Non-emergency
DEPARTMENTAL CLEARANCES:
Engineering Services
Legal
FINANCIAL IMPACT:
□ Operating □ Revenue □ Capital X Grant
Fiscal Year:
2015-2016
Project to Date
Expenditures
(CIP only)Current Year Future Years TOTALS
Line Item Budget 405,243.32 405,243.32
Encumbered /
Expended Amount 0.00
This item 383,371.26 383,371.26
BALANCE 21,872.06
Fund(s): Community Enrichment Fund
RECOMMENDATION:
Approval of the resolution as presented.
LIST OF SUPPORTING DOCUMENTS:
Resolution – Texas A&M Corpus Christi/University North Texas
Interlocal Agreement with Texas A&M Corpus Christ
Interlocal Agreement with University of North Texas
TCEQ Cooperative Reimbursement Grant
Resolution authorizing the City Manager or designee to execute an
Interlocal Cooperation Agreement with University of North Texas and
with Texas A& M University Corpus Christi for air quality research
and planning program for Nueces and San Patricio County area in
the amount of $191,685.63 each.
Now, therefore be it resolved by the City Council of the City of Corpus Christi,
Texas, as follows:
Section 1. That the City Manager or his designee is authorized to execute an Interlocal
Agreement with University of North Texas for an air quality research and planning
program, which includes air quality monitoring and modeling projects, and development
of an emissions inventory for the Nueces and San Patricio County area in the amount of
$191,685.63 for air quality planning activities.
Section 2. That the City Manager, or designee, is authorized to execute an Interlocal
Cooperation Agreement with Texas A&M University – Corpus Christi for the Pollution
Prevention Partnership and educational outreach program which includes small
business assistance and public education on pollution prevention and air quality for the
Nueces and San Patricio County area in the amount of $191,685.63 for air quality
planning activities.
ATTEST: CITY OF CORPUS CHRISTI
_________________________ _________________________________
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Corpus Christi, Texas
_________ of ___________________, _______
The above resolution was passed by the following vote:
Nelda Martinez ______________
Rudy Garza ______________
Michael Hunter ______________
Chad Magill ______________
Colleen McIntyre ______________
Lucy Rubio ______________
Brian Rosas ______________
Mark Scott ______________
Carolyn Vaughn ______________
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
17.2.1. Schedule of Remedies available to the TCEQ. In accordance with Texas
Government Code Chapter 2261 the following Schedule of Remedies applies to this
Grant. In the event of Performing Party's nonconformance, TCEQ may do one or more
of the following:
17.2.1.1. Issue notice of nonconforming performance;
17.2.1.1.1. Reject nonconforming performance and request corrections
without charge to TCEQ;
17.2.1.1.2. Reject a reimbursement request or suspend further payments, or
both, pending accepted revision of the nonconformity;
17.2.1.1.3. Suspend all or part of the Grant Activities or payments, or both,
pending accepted revision of the nonconformity;
17.2.1.1.4. Demand restitution and recover previous payments where
performance is subsequently determined nonconforming;
17.2.1.1.5. Terminate the Grant without further obligation for pending or
further payment by TCEQ and receive restitution of previous
payments.
17.2.2. The remedies available to TCEQ in this Grant, are in addition to, and not a limitation of,
any rights and remedies available to TCEQ, including otherwise imposed or available,
by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Grant Documents.
17.3. Opportunity to Cure. The Performing Party will have a reasonable opportunity to cure its
nonconforming performance, if possible under the circumstances.
17.4. Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this
Grant or applicable law does not preclude or limit the exercise of any other remedy available
under this Grant or applicable law.
18. Sovereign Immunity
The parties agree that this Grant does not waive any sovereign immunity to which either party is entitled
bylaw.
19. Survival of Obligations. Except where a different period is specified in this Grant or applicable law,
all representations, indemnifications, and warranties made in, required by or given in accordance with
the Grant, as well as all continuing obligations indicated in the Grant, survive for four (4) years beyond
the termination or completion of the Grant, or until four (4) years after the end of a related proceeding,
whichever is longer. A related proceeding includes any litigation, legal proceeding, permit application,
or State Office of Administrative Hearings proceeding, which is brought in relation to the Grant or which
in TCEQ's opinion is related to the subject matter of the Grant. Either party shall notify the other of any
related proceeding if notice of the proceeding has not been provided directly to that other party.
20. Grant Interpretation and Miscellaneous
20.1. Definitions.
20.1.1. The word "include" and all forms such as "including" mean "including but not limited
to" in the Grant and in documents issued in accordance with the Grant, such as Work
Orders or Proposals for Grant Activities (PGAs).
20.1.2. The term Grant is used interchangeably with Agreement, agreement, Contract,
contract, Grant, or grant, as indicated in the applicable context.
20.1.3. Grant Activities — the entire completed activities or the various separately
identifiable parts thereof required to be furnished under the Grant Documents.
Page 20 of 41
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
Grant Activities include administrative activities. Grant Activities may also be
referred to as work.
20.2. Headings. The headings of the sections contained in this Grant are for convenience only and
do not control or affect the meaning or construction of any provision of this Grant.
20.3. Delivery of Notice. Notices are deemed to be delivered three (3) business days after
postmarked if sent by U.S. Postal Service certified or registered mail, return receipt requested.
Notices delivered by other means are deemed delivered upon receipt by the addressee. Routine
communications may be made by first class mail, facsimile transmission, email, or other
commercially accepted means.
20.4. Interpretation of Time. All days are calendar days unless stated otherwise. Days are counted
to exclude the first and include the last day of a period. If the last day of the period is a Saturday
or Sunday or a state or federal holiday, it is omitted from the computation.
20.5. State, Federal Law. This Grant is governed by, and interpreted under the laws of the State of
Texas, as well as applicable federal law.
20.6. Severability. If any provision of this Grant is found by any court, tribunal or administrative
body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it
shall be deemed severable (to the extent of such illegality, invalidity or unenforceability) and the
remaining part of the provision and the rest of the provisions of this Grant shall continue in full
force and effect. If possible, the severed provision shall be deemed to have been replaced by a
valid provision having as near an effect to that intended by the severed provision as will be legal
and enforceable.
20.7. Assignment. No delegation of the obligations, rights, or interests in the Grant, and no
assignment of payments by Performing Party will be binding on TCEQ without its written
consent, except as restricted by law. No assignment will release or discharge the Performing
Party from any duty or responsibility under the Grant.
20.8. Venue. Performing Party agrees that the Grant is being performed in Travis County, Texas,
because this Grant has been performed or administered, or both, in Travis County, Texas. The
Performing Party agrees that any cause of action involving this Grant arises solely in Travis
County, Texas
20.9. Public Information. All data and other information developed under this Grant shall be
furnished to TCEQ and shall be public data and information except to the extent that it is
exempted from public access by the Texas Public Information Act, Texas Government Code
Chapter 552. Upon termination of this Grant, all copies of data and information shall be
furnished, at no charge to TCEQ, upon request, to include databases prepared using funds
provided under this Grant.
20.10. Publication.
20.10.1. At least seven (7) calendar days prior to the publication, release to the media or
public, or advertisement of information related to this Grant, the Performing Party
agrees to provide a copy of the publication, information to be released, or
advertisement to TCEQ for review and comment. Performing Party may make
changes in its draft based on TCEQ comments, as it sees fit in its sole discretion.
Section 4.2.4 of the Procedures for Proposals for Grant Activities (PGAs) takes
precedence over this provision with regard to the items listed in Section 4.2.4 of the
Procedures for Proposals for Grant Activities (PGAs). Performing Party agrees not to
use any TCEQ logos, graphics, or trademarks or the likenesses of TCEQ employees as
an advertisement or endorsement without written permission signed by the
appropriate TCEQ authority.
20.10.1.1. The Performing Party has permission to use the TCEQ logo in
conjunction with outreach efforts described in this Grant. The
Performing Party must follow the TCEQ's logo style guidelines when
Page 21 of 41
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
using the logo, which can be found on the Web at
http: //www.tceq.texas.gov/assets/ public/comm_exec/logo_style_guide.
pdf . Electronic files of the TCEQ logo should be obtained from the
TCEQ's Agency Communications Division by e -mailing
ac@tceq.texas.gov. E-mails should be addressed from the Performing
Party's Project Representative and copy the TCEQ Project
Representatives, reference use under the Rider 7 grant program, and
specify the file formats needed (examples: jpg, tiff).
20.10.2. The Performing Party and the Performing Party's agent, subcontractor, or other
representative shall acknowledge the financial support of TCEQ and the State of Texas
whenever Grant Activities funded, in whole or part, by this Grant are publicized or
reported in news media, or publications, or at public events and meetings. All project
signage, reports and other documents completed as a part of this Grant, other than
documents prepared exclusively for internal use within TCEQ, shall display the
following notation on the sign, or front cover or title page:
PREPARED UNDER A GRANT FROM THE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
The preparation of this report was financed through grants from the State of Texas
through the Texas Commission on Environmental Quality.
The content, findings, opinions and conclusions are the work of the author(s) and
do not necessarily represent findings, opinions or conclusions of TCEQ.
20.11. Waiver. With the exception of an express, written waiver in the form of a unilateral
amendment signed by TCEQ, no act or omission will constitute a waiver or release of
Performing Party's obligation to perform conforming Grant Activities. No waiver on one
occasion, whether expressed or implied, shall be construed as a waiver on any other occasion.
20.12. Compliance with Laws. TCEQ relies on Performing Party to perform all Grant Activities in
conformity with all applicable laws, regulations, and rules and obtain all necessary permits,
licenses, and rights of access.
20.13. Counterparts. This Grant may be signed in any number of copies. Each copy when signed is
deemed an original and each copy constitutes one and the same Grant.
20.14. Accessibility. All electronic content and documents created as deliverables under this Grant
must meet the accessibility standards prescribed in 1 Texas Administrative Code Chapters 206
and 213 for state agency web pages, web content, software, and hardware, unless TCEQ agrees
that exceptions or exemptions apply.
20.15. No provision of any standard, specification, guidance manual, code or instruction shall be
effective to change the responsibilities of TCEQ or the Performing Party, or any of their
subcontractors, consultants, agents, or employees from those in the Grant, nor shall it be
effective to assign to TCEQ, any duty or authority to supervise the furnishing or performance of
the Grant Activities or other Grant provisions.
20.16. Whenever in the Grant Documents the terms "as ordered," "as directed," "as required," "as
allowed," "as approved" or terms of like effect or import are used or the adjectives "reasonable",
"suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used
to describe a requirement, direction, review or judgment of TCEQ as to the Grant Activities, it is
intended that such requirement, direction, review or judgment will be solely to evaluate, in
general, the completed Grant Activities for compliance with the requirements of and
information in the Grant Documents. The use of any such term or adjective shall not be effective
to assign to TCEQ any duty or authority to supervise or direct the furnishing or performance of
the Grant Activities or other Grant provisions.
Page 22 of 41
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
Cost Budget
In the event of a conflict of terms, a completed Cost Budget Form included
in a PGA signed by TCEQ and the Performing Party controls over the blank
form included in the Grant Documents List, as to that specific PGA.
Cooperative Reimbursement Grant
for State Agencies and Local Governments
1. Budget. Authorized budgeted expenditures for Grant Activities performed are as follows:
dget C tegory
osi for Grant Activities to
be Performed
Salary / Wages
$
Fringe Benefits
$
Travel
$
Supplies
$
Equipment
$
Contractual
$
Construction
$
Other
$
Indirect Costs
$
Total
$
2. Budget Categories. The Budget Categories above have the definitions, requirements and limitations
stated in the Uniform Grant Management Standards (UGMS). Construction costs are not reimbursable
without prior, specific written authorization from TCEQ.
2.1. Other. If Budget Category "Other" is greater than $25,000 or more than lo% of budget total,
identify the main constituents:
2.2. Transfers to Zero Dollar Budget Categories. Performing Party must obtain written TCEQ
approval prior to transferring amounts to budget categories containing zero dollars.
3. [Reserved]
4.
Reimbursement for Indirect Costs
4.1. Indirect Cost Rates- General. Performing Party's indirect costs associated with performing
Grant Activities shall be calculated in accordance with UGMS.
Page 23 of 41
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
4.2. Calculation of Indirect Costs. Performing Party's indirect costs are calculated as:
of (select one base):
❑ Direct salary and fringe benefits;
❑ Modified total direct costs (MTDC); or
❑ Other direct costs base.
4.3. Performing Party's indirect cost rate is equal to or less than:
❑ Federally- approved predetermined rate;
❑ State -approved predetermined rate;
❑ Default rate of io% of MTDC;
❑ Federally -approved fixed rate;
❑ Provisional rate; or
❑ Other.
******End of Cost Budget******
Page 24 of 41
Performing Party:
Grant Number:
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
PERSONNEL ELIGIBILITY LIST (PEL)
To be submitted with PGA and if there are any changes
Date:
Page 25 of 41
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
Notices, Project Representatives and Records Location
Grant No. 582-16-60182
1. Representatives. The individual(s) named below are the representatives of TCEQ and Performing
Party. They are authorized to give and receive communications and directions on behalf of TCEQ and
the Performing Party as indicated below. All communications including official Grant notices must be
addressed to the appropriate representatives.
2. Changes in Representatives. Either party may change its representative by unilateral amendment.
3. TCEQ Representatives. All communications must be addressed to TCEQ's Project Representatives,
unless otherwise specified in the Grant. TCEQ Project Representatives are identified below:
TCEQ CONTRACT SPECIALIST
(for Contractual Matters)
The Performing Party must provide a copy of all notices to the TCEQ Contract Specialist and the TCEQ Grant
Manager.
Leslie Schmidt
Contract Specialist
Texas Commission on Environmental Quality
P.O. Box 13087
MC -164
Austin, Texas 78711-3087
Telephone No. (512) 239-2934
Facsimile No. (512) 239-1500
E -Mail: leslie.schmidt@tceq.texas.ggv
TCEQ GRANT MANAGER
(for Contractual Matters)
Leigh Ann Brunson
Grant Manager
Texas Commission on Environmental Quality
P.O. Box 13087
MC -164
Austin, Texas 78711-3087
Telephone No. (512) 239-1903
Facsimile No. (512) 239-1500
E -Mail: leigh ann.brunsonetceq.texas.gov
4. Performing Party Representatives.
For Contractual Matters
Sharon Bailey Lewis
Program Manager
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Telephone No.(361) 826-4066
Facsimile No. (361) 826-4681
E-mail: SharonL4Dectexas.com
TCEQ PROGRAM COORDINATOR
(for Technical Matters)
Jocelyn Mellberg
Program Coordinator
Texas Commission on Environmental Quality
P.O. Box 13087
MC -164
Austin, Texas 78711-3087
Telephone No. (512) 239-0164
Facsimile No. (512) 239-1500
E -Mail: jocelyn.mellbergetceq.texas.gov
For Technical Matters
Sharon Bailey Lewis
Program Manager
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Telephone No. (361) 826-4066
Facsimile No.(361) 826-4681
E-mail: SharonLecctexas.com
Page 26 of 41
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
5. Invoice Submittal. Invoices must be submitted to: Invoice AQDna tceo.texas.gov
6. Designated Location for Records Access and Review. The Performing Party designates the
physical location indicated below for record access and review pursuant to any applicable provision of this
Grant:
1201 Leopard Street
(Street Address)
Corpus Christi, Texas 78401
(City / State ZIP)
Page 27 of 41
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
Attachment A: Release of Claims Forms
Texas Commission on Environmental Quality
Release of Claims
hereby releases the Texas Commission on Environmental Quality
(TCEQ) and its officers, agents, and employees from any and all future claims arising under or by virtue of
TCEQ Grant Number 582-16-60182. The amount being released is
Further certifies that all subcontractors, suppliers, employees and any party which has performed or
provided service for this Grant have been paid in full and satisfied.
All Grant Activities required to be completed under the referenced Grant have been completed.
Prompt payment, therefore, of the attached invoice, including any and all funds which may have been
"retained" by TCEQ in accordance with said Grant, is requested.
Executed on this day of , 20 .
By:
(signature)
(name, typed or printed)
(title)
Grant #
582-16-60182
Beginning Balance
Expenses Reimbursed by TCEQ
Remaining Balance Being Released
Page 28 of 41
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
Texas Commission on Environmental Quality
Release of Claims for Units of Local Government,
as defined in the Appropriations Act of the 84th Texas Legislature, Article IX, Sec. 4.04
Limitation on Grants to Units of Local Government
hereby releases the Texas Commission on Environmental Quality
(TCEQ) and its officers, agents, and employees from any and all future claims arising under or by virtue of
TCEQ Grant Number 582-16-60182. The amount being released is
Further certifies that all subcontractors, suppliers, employees and any party which has performed or
provided service for this Grant have been paid in full and satisfied.
All Grant Activities required to be completed under the referenced Grant have been completed.
Prompt payment, therefore, of the attached invoice, including any and all funds which may have been
"retained" by TCEQ in accordance with said Grant, is requested.
Further certifies that it has complied with all requirements in Article IX, Sec. 4.04 Limitation on Grants to
Units of Local Government in the Appropriations Act of the 84th Texas Legislature.
Executed on this day of , 20 .
By:
(signature)
(name, typed or printed)
(title)
Grant #
582-16-60182
Beginning Balance
Expenses Reimbursed by TCEQ
Remaining Balance Being Released
Page 29 of 41
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
Attachment B:
Financial Status Report (Form 269a/ TCEQ Form 20248) and Supplemental Financial
Status Report forms (Supplemental Form 269a/TCEQ Form 20248-1 through 20248-4)
Page 30 of 41
I bXAS CUMMISSIUN UN tNVIRUNMtI'1 I AL QUAyglcYer 7 Local Air Quality Planning Grant
Contract # 58246-60182
RIDER 7 AIR QUALITY PLANNING GRANT PROGRAM
FINANCIAL STATUS REPORT -- FORM 269a
1. STATE AGENCY ORGANIZATION TO WHICH REPORT (Submit with invoice to Invoice_AQD@tceq.texas.gov
IS SUBMITTED:
2. GRANT TITLE: RIDER 7 LOCAL AIR QUALITY PLANNING GRANT
3. PAYEE IDENTIFICATION NUMBER:
4. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS)
5.a. TCEQ GRANT NUMBER:
5.b. PGA NUMBER:
6. FINAL REPORT
YES
NO
7. ACCOUNTING BASIS
CASH
ACCRUAL
8. TOTAL GRANT PERIOD
9. PERIOD COVERED BY THIS REPORT
FROM:
TO:
FROM:
TO:
10. BUDGET CATEGORIES
APPROVED BUDGET
PROJECT COST THIS
REPORT*
CUMULATIVE PROJECT
COST
BALANCE
A. PERSONNEL/SALARY
$0.00
$0.00
B. FRINGE BENEFITS
$0.00
$0.00
C. TRAVEL
$0.00
$0.00
D. SUPPLIES
$0.00
$0.00
E. EQUIPMENT
$0.00
$0.00
F. CONTRACTUAL
$0.00
$0.00
G. CONSTRUCTION
$0.00
$0.00
H. OTHER
$0.00
$0.00
I. TOTAL DIRECT COSTS
(sum A -H)
$0.00
$0.00
J. INDIRECT COSTS
$0.00
$0.00
K. TOTAL (sum I and 1)
$0.00
$0.00
*List (itemize) on the appropriate supplemental form, a I component expenses compr'sing the total cost for each of these categories.
Please attach documentation, as required in accordance with the conditions of your Grant and this FSR.
11. Indirect
Expenses
a. Rate
b. Period
From
c. Period To
d. Base
e. Amount Charged
f. Total of Indirect Expenses:
Page 31 of 41
12. ADVANCED FUNDS
13. INTEREST EARNE®ider 7 Local Air Quality
Co ry
Planning Grant
r*58216 80182
A. ADV. FUNDS THIS PGA:
A. INTEREST EARNED THIS PERIOD:
B. ADV. FUNDS SPENT THIS PERIOD:
B. INTEREST PREVIOUSLY EARNED:
C. ADV. FUNDS SPENT PREVIOUSLY:
C. CUMULATIVE INTEREST EARNED:
$0.00
D. ADV. FUNDS REMAINING:
$0.00
14. CERTIFICATION: I CERTIFY TO THE BEST
AND THAT ALL OUTLAYS, CASH RECEIPTS,
AWARD DOCUMENTS. I AM AWARE THAT
CIVIL PENALITES.
SIGNATURE OF AUTHORIZED OFFICIAL
TYPED NAME AND TITLE:
TELEPHONE:
OF MY KNOWLEDGE AND BELIEF THAT THIS REPORT IS TRUE, COMPLETE, AND CORRECT
AND UNLIQUIDATED OBLIGATIONS ARE FOR THE PURPOSES AND INTENT SET FORTH IN THE
ANY FALSE, FICTITIOUS, OR FRADULENT INFORMATION MAY SUBJECT ME TO CRIMINAL OR
DATE SUBMITTED:
Page 32 of 41
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS (Form 20248-1)
EQUIPMENT PURCHASES (DURING THIS REPORT PERIOD)
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
NUMBER
PURCHASED
ITEM DESCRIPTION (SHOULD MATCH DESCRIPTION PROVIDED FOR APPROVAL)
(INCLUDE THE SERIAL NUMBER IF APPLICABLE)
UNIT COST
TOTAL COST
TOTAL EQUIPMENT EXPENDITURES (MUST AGREE WITH LINE 10E ON FORM 20248)
$0.00
CONTRACTUAL EXPENSES (DURING THIS REPORT PERIOD)
TASKS
SUBCONTRACTOR (NAME)
FOR (ACTIVITIES PERFORMED) DATES(S) PERFORMED
COST (THIS
PERIOD)
TASKS
TOTAL CONTRACTUAL EXPENSES (MUST AGREE WITH LINE 10F ON FORM 20248)
$0.00
List all contractual costs either incurred or paid during the period (depending on type of accounting method).
Page 33 of 41
ITEMIZATION OF CONSTRUCTION COSTS (Form 20248-2)
CONSTRUCTION COSTS (DURING THIS REPORT PERIOD)
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
DESCRIPTION
PURPOSE
COST (THIS
PERIOD)
TASKS
TOTAL CONSTRUCTION EXPENDITURES (MUST AGREE WITH LINE 10G ON FORM 20248)
$0.00
LEGIBLE RECEIPTS MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE.
Page 34 of 41
ITEMIZATION OF SUPPLY AND OTHER COSTS (Form 20248-3)
SUPPLIES PURCHASED (DURING THIS PERIOD)
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
NUMBER
PURCHASED
ITEM DESCRIPTION- Provide enough information to enable the TCEQ to determine
the allowability of the cost.
UNIT
COST
TOTAL COST
TASKS
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTAL SUPPLY EXPENDITURES (MUST AGREE WITH LINE l0D ON FORM 20248)
$0 00
OTHER EXPENDITURES (DURING THIS REPORT PERIOD)
NUMBER
PURCHASED
ITEM DESCRIPTION- Provide enough information to enable the TCEQ to determine
the allowability of the cost.
UNIT
COST
TOTAL COST
TASKS
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTAL OTHER EXPENDITURES (MUST AGREE WITH LINE 10H ON FORM 20248)
$0.00
Page 35 of 41
ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS (Form 20248-4)
PERSONNEL/SALARY EXPENDITURES (DURING THIS REPORT PERIOD)
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
EMPLOYEE NAME
TITLE/POSITION
SALARY
(THIS
PERIOD)
A. Personnel/Salary
TASKS
All Personnel listed on current PEL? Yes No
B. Fringe Benefit Rate: (average)
a '' �� "
Total for the Reporting Period: $
'"'�'�'�� „.€ b:-�..�."t,
(Do not include fringe in total at right)"""-'='
TOTAL PERSONNEL/SALARY EXPENDITURES (MUST AGREE WITH LINE 10A ON FORM 20248)
$0,00
TRAVEL EXPENDITURES (DURING THIS REPORT PERIOD)
TASKS
EMPLOYEE NAME AND TITLE/POSITION
DATE(S) OF TRAVEL
DESTINATION &
REASON FOR TRAVEL
COST (THIS
PERIOD)
TASKS
TOTAL TRAVEL EXPENDITURES (MUST AGREE WITH LINE 10C ON FORM 20248)
$0.00
Page 36 of 41
Financial Status Report Preparation Instructiater 7 Local Air Quality Planning Grant
Contract # 582-16-60182
1. A. The PERFORMING PARTY, in order to obtain reimbursement (or justify costs applied to advance payments) for expenditures
authorized under this Grant , shall submit a completed, legible TCEQ Financial Status Report (TCEQ Form 20248) and any required
TCEQ Supplemental 20248 forms. Each Financial Status Report shall indicate, for each budget sub -category, the PERFORMING
PARTY'S project expenditures for the period in question, the cumulative expenditures with respect to each budget sub -category, and
the balance remaining in each budget sub -category following reimbursement of the amount being requested. A quarterly Financial
Status Report is required even if no expenses were incurred during the report period.
B. Section 11:
lla Rate- Enter the indirect cost rate in effect during the reporting period.
lib and c Period From; Period To- Enter the beginning and ending effective dates for the use of the rate under this Grant.
lld Base- Enter the amount of the base against which the rate was applied.
lle Amount Charged- Enter the amount of indirect costs charged during the time period specified. (Multiply lla. x 11d.)
llf Total- Enter the total of the amount(s) in column lle.
2. All requests for reimbursement of expenditures that fall within either the "Equipment" or "Contractual" categories of the Proposal
for Grant Activities (PGA) Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-1 and identified
with respect to the major tasks or objectives, set forth in the PGA, that such expenditures support or satisfy.
3. All requests for the reimbursement of expenditures that fall within the "Construction" category of the PGA Cost Budget shall be
itemized by the PERFORMING PARTY on Supplemental Form 20248-2 and identified with respect to the major tasks or objectives, set
forth in the PGA, that such expenditures support or satisfy.
4. All requests for the reimbursement of expenditures that fall within either the "Supply" or "Other" categories of the PGA Cost
Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-3 and identified with respect to the major tasks
or objectives, set forth in the PGA, that such expenditures support or satisfy.
5. All requests for reimbursement of expenditures that fall within either the "Personnel/Salary" or "Travel" categories of the PGA
Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-4 and Identified with respect to the major
tasks or objectives, set forth in the PGA, that such expenditures support or satisfy.
6. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not breakdown
that particular expenditure by specific PGA task or objective but may simply Identify, in relative cost order, the various tasks or
objectives supported.
7. Documentation- Submission. In addition, the PERFORMING PARTY shall submit, for each reimbursable cost listed on any of the
FSR forms, legible documentation that (1) serves to further identify the specific cost, (2) clearly identifies the vendor or contractor
who provided the materials or services, and (3) that confirms the reimbursable amount listed on the form. This requirement does not
apply to "Personnel/Salary" or "Fringe Benefits".
For "Equipment" purchases, the documentation shall be either a purchase order marked "received/paid" or a vendor -submitted
invoice similarly marked. For "Contractual" purchases, the documentation shall consist of a dated invoice that shows the amount
billed to the PERFORMING PARTY and any "past due" amount from previous invoices.
For "Contruction" costs, the documentation shall be either a purchase order marked "received/paid" or an invoice similarly marked.
In the case of contractor provided construction services, the documentation shall consist of a dated invoice that shows the amount
billed to the PERFORMING PARTY and any "past due" amount from previous invoices.
For any single -listed item or service costing more than $500 under "Supply" or "Other" costs, the PERFORMING shall provide the
following documentation: Although issued purchase orders and/or invoices marked "received/paid" represent the preferred types of
documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or documents that provide
the same type of information. The PERFORMING PARTY shall not intentionally break up single orders of identical or similar items,
materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when
submitting reimbursement requests to the TCEQ.
With respect to employee "Travel", the documentation shall substantiate the reported reimbursable costs and include the following:
name of the traveler; travel location; travel date(s); receipts; agenda for meeting or conference attended, if applicable; and
legible copies of the PERFORMING PARTY -approved travel vouchers signed by the employees who traveled, if applicable. Each
traveler's costs must be itemized to show costs for meals, lodging and transportation (mode and cost of transportation) (Miles X
Rate).
For "Personnel/Salary", the documentation shall include the name of the personnel, hourly rate, total cost, amount of time the
personnel performed activities under the PGA and the total amount of time worked for the period. PERFORMING PARTY is expected to
maintain signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to a PGA under this
Grant.
Page -37of 41
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
Attachment C: Budget Revision Request Form
RIDER 7
BUDGET REVISION REQUEST FORM
Page 38 of 41
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
RIDER 7 BUDGET REVISION REQUEST FORM
Purpose: To document recipient organization's budget changes to ensure project deliverables are met and fiscal accountability.
Instructions: Complete this form. Certain cells of the spreadsheet contain formulas that perform automatic calculations.
1. RECIPIENT ORGANIZATION (Name & Complete Address Including Zip Code):
2. GRANT/CONTRACT TITLE:
3. PAYEE IDENTIFICATION NUMBER:
4. TCEQ CONTRACT NUMBER: 582-
5. TOTAL PROJECT/GRANT PERIOD:
6. BUDGET CATEGORIES:
7. Approved Budget
8. Reduction in
Source Line Items
(DO NOT
FORMAT AS
NEGATIVE
NUMBERS)
9. Increase in
Destination Line
Items
10. New or Revised
Budget
a. Personnel/Salaries
$0.00
b. Fringe Benefits
$0.00
c. Travel
$0.00
d. Supplies
$0.00
e. Equipment
$0.00
f. Contractual
$0.00
g. Construction
$0.00
h. Other
$0.00
i. Total Direct Costs (sum a - h) (for
items 7 & 10) or total change in direct
costs (for items 8 & 9)
$0.00
$0.00
$0.00
$0.00
j. Indirect Costs
It. Total (sum i & j)
$0.00
$0.00
I. Percent Change:
#DIV/0!
Justification* (Attach additional sheets, if necessary):
*If this Budget Revision Request (BRR) contains a change in the indirect cost rate, complete Sheet 2 and include
with the BRR.
Budget Revision Request must contain all signatures to be valid.
Is the cumulative transfer 10% or less of half of the total budget? If so, you do not have to
obtain pre -approval of the transfer. Send in this signed form with your invoice. The 10% limit
does not reset until an amendment is signed by the parties to reflect changes to the budget;
i.e. continue to include revisions and increases in the above table until the change is above
Yes No 10% and an amendment is done to change the budget.
Signature of Recipient's Representative Date Typed or Printed Name and Title
Signature of TCEQ Program Coordinator Date Typed or Printed Name and Title
Signature of TCEQ Grant Manager Date Typed or Printed Name and Title
Form Updated 5/2015 for Rider 7 Grants
Page 39 of 41
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
Sheet 2 of RIDER 7 BUDGET REVISION REQUEST FORM
Indirect Cost Rate Change
Calculation of Indirect Costs. Performing Partys indirect costs are calculated as:
% of (select one base- place "X" before item):
Direct salary and fringe benefits
Modified total direct costs (MTDC)
Other direct costs base- use of this option must be approved by a specialist in the TCEQ
Financial Administration Division.
If other direct cost base, explain here:
Performing Party's indirect costs are calculated under UGMS as a
(select one- place "X" before item; see definitions in the Cost Budget):
Federally -approved predetermined rate
State -approved predetermined rate
Default rate of 10%
Federally -approved fixed rate
Provisional rate
Other. - Use of this option must be approved by a specialist in the TCEQ Financial
Administration Division
If Other, explain here:
Form Updated 5/2015 for Rider 7 Grants
Page 40 of 41
Rider 7 Local Air Quality Planning Grant
Contract # 582-16-60182
Attachment D: Progress Report Template
Quarterly Progress Report for the Texas Commission on Environmental Quality
Date:
Rider 7 Area:
PGA Number:
Reporting Period:
List of Tasks Completed:
to cover all PGA tasks):
Task Number
Deliverable
Due Date
Total Amount
Allocated for
Task
Remaining
Allocation for
Task
Cost of Task
this Quarter
Percent of
Task
Com_pleted
Sections below must be completed for every task and subtask (Le. Task 1.1, Task 2.1, Task 2.2, etc.). If there was no
activity, then please state `None" in the Milestones, and "No activity for this period" and the reason under the Detailed
Summary section.
Task 1.1:
Milestones:
Detailed Summary:
Technical and Logistical Problems and Solutions:
Task 2.1:
Milestones:
Detailed Summary:
Technical and Logistical Problems and Solutions:
Page 41 of 41
DATE:March 10, 2016
TO:Ronald L. Olson, City Manager
FROM:Miles Risley, City Attorney
milesr@cctexas.com
(361)826-3361
CAPTION:
Motion to authorize City Manager or designee to execute Professional Services Agreement for
Contract Legal Counsel with Julian Grant at hourly rate of $50.00 in a total amount not to
exceed $75,000 for Fiscal Year 2015-2016.
PURPOSE:
Contract to continue to receive legal services from attorney experienced with City development
services and economic development areas of law.
BACKGROUND AND FINDINGS:
City has occasionally entered into agreements for contract legal counsel for outside legal
services as needed for such matters as water law expertise, municipal court prosecution, and
economic development and development services. When the City expects an agreement will
exceed $50,000 in a fiscal year, it obtains City Council approval. For example, the City Council
previously authorized a one-year contract with attorney Tim Brown of the Sledge Law Firm to
provide water law expertise at hourly rate of $175, in an amount not to exceed $7,000 per
month. In the last few years, the City has entered into agreements for contract legal counsel for
municipal transactional work and Municipal Court prosecution at rates between $30 and $50 per
hour.
In 2015, Julian Grant retired from more than 20 years of municipal and state service. Upon his
retirement, the City contracted with him to allow continued legal services in development
services and economic development at hourly rate of $50 per hour. Initially, it was unknown how
long Mr. Grant would be able to continue providing services. However, services have now
exceeded $50,000 including service in FY14-15, and such services will total more than $75,000
in the current fiscal year.
Mr. Grant served as Assistant Attorney General in the AG’s Municipal Affairs Division and Public
Finance Division from 2003 to 2012. Prior to that, he was a Deputy City Attorney for Temple,
Texas for 8 years. After leaving the AG’s office, he was City Attorney of Kyle, Texas in 2012 and
2013. Then, he worked as an Assistant City Attorney for the City of Corpus Christi for
approximately 2 years prior to his retirement in 2015.
Motion to authorize Professional Services Agreement with Julian Grant for Legal Services in
amount of $50 per hour, in a total amount not to exceed $75,000
AGENDA MEMORANDUM
Future Item for the City Council Meeting of March 29, 2016
Action Item for the City Council Meeting of April 12, 2016
This proposed cost of this contract is less than the amount budgeted for the activities that would
be performed by a full-time, employed attorney performing said activities.
ALTERNATIVES:
Employ Assistant City Attorney to provide legal services in these areas
OTHER CONSIDERATIONS:
None
CONFORMITY TO CITY POLICY:
Article IV Section 10 (h) of the City Charter provides that contracts for legal services require
request of the City Attorney sating the necessity therefor with the consent of the City Manager.
EMERGENCY / NON-EMERGENCY:
Non-emergency
DEPARTMENTAL CLEARANCES:
City Manager
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 $213,793.03 $213,793.03
Encumbered /
Expended Amount $131,443.03 $131,443.03
This item $75,000 $75,000
BALANCE $7,000 $7,000
Fund(s): City Attorney Professional Services
Comments:
RECOMMENDATION:
To authorize the contract for professional legal services with attorney Julian Grant.
LIST OF SUPPORTING DOCUMENTS:
Resume
Contract
Professional Services Agreement
forContract LegalCounsel (FY 2015-2016)
This Professional Services Agreement (“Agreement”) for Outside Legal Counsel is entered into
by and between the City of Corpus Christi, a Home-Rule Municipality (“Client”), and Julian
Grant, Attorney-at-Law, (“Counsel”) effective for all purposes upon execution by the City
Manager or City Manager’s designee.
Section 1: Licensure
Counsel warrants and agrees that Counsel is licensed to practice law in the State of Texas
without limitation. Counsel must maintain Counsel’s license to practice law in good
standing throughout the term of this Agreement. If Counsel is no longer be authorized to
practice law in the State of Texas, this contract will terminate immediately.
Section 2: Effective Date, Term, Termination
a. The term of this agreement is from October 1, 2015 through September 30, 2016 (FY
2015-2016)unless sooner terminated.
b. Either party may terminate this agreement by giving at least 10 days' written notice to the
other of its intent to terminate this agreement. Such termination may be made with or without
cause. During the 10-day period after such notice is sent, the parties shall continue to act
toward each other in good faith. In such event of termination without cause, Client will be
invoiced for the actual time and charges accumulated through the date of termination.
c. Counsel’s primary Client contact will be with Lisa Aguilar, known hereinafter as the
“primary Client contact”. The City Attorney may redesignate this primary Client contact at
any time. Only the primary Client contact or the City Attorney may assign duties to Counsel
unless otherwise directed by the City Attorney.
Section 3: Services to be Performed
Client desires Counsel to perform and Counsel agrees to perform, the following duties:
Development Services (general advice, attend meetings of Planning Commission,
attend meetings of Zoning Board of Adjustment), Sales Tax advice as requested,
Economic Development (advice & selected meetings of Type A Board), selected
ABC Center matters, selected Downtown matters, selected Construction matters,
selected CVB matters, selected intergovernmental relations matters, selected
financing & bond matters, other legal matters as requested by Client contact.
All duties assigned to Counsel shall be appropriate to and consistent with the
professional role and responsibility of Counsel.
Section 4: Fee for Services
a. Total cost for all services provided by Counsel and all expenses incurred by Counsel under
this Agreement shall not exceed $75,000 unless expressly authorized by written amendment
to this Agreement.
b. Client will pay Counsel a fee for the Services on the following terms: $50.00 per hour.
c. Counsel shall submit detailed invoices for all services rendered on a weekly basis. All
services invoiced to the Client by Counsel are subject to final approval by the City Attorney
prior to payment. Payments due to Counsel by the Client are payable within 30 days upon
receipt of an acceptable invoice.
Section 5: Hours of Work
This contract does not guarantee any specific amount of hours of work. Hours will be as
necessary to provide for completion of the task. For budgeting purposes, Counsel shall not
generally provide more than 30 hours of work per week to Client. If Counsel exceeds 30
hours of work in any work week, then Counsel will reduce the hours in the following three
weeks by the number of hours in which the 30-hour limit was exceeded in a manner that
ensures that no more than 120 hours are worked in any four-week period. This hourly
limit may be waived for any week by written authorization of the City Attorney.
Section 6: Appropriation of Funds
All parties recognize that the continuation of any contract after the close of any fiscal year of
Client, which fiscal year ends on September 30th of each year, shall be subject to
appropriations and budget approval providing for covering such contract item as an
expenditure in said budget. Client does not represent that the budget item will be actually
adopted, said determination being within the sole discretion of the City Council at the time of
adoption of such budget.
Section 7: Independent Contractor
Counsel shall perform all professional services as an independent contractor and shall furnish
such services in its own manner and method, and under no circumstances or conditions shall
an agent, servant, or employee of Counsel be considered an employee of the Client. If
Counsel believes, at any point, that its duties create an employment relationship with Client,
then Counsel shall immediately notify its primary Client contact in writing. Further, Counsel
agrees that:
a. Counsel is permitted and encouraged to maintain clients other than the City of Corpus
Christi;
b. Counsel is not solely economically dependent on Client for Counsel’s support;
c. Counsel is responsible for its own training. If Counsel receives any training by Client;
Counsel’s training is provided only to the extent such training corresponds with
training provided to Client’s employees;
d. Counsel will notify Client of any necessary changes to its scheduled services with
Client at least one week in advance;
e. Counsel’s services to Client may be provided on-site or off-site, depending on the
nature of each task;
f. Counsel represents that Counsel has provided Counsel’s own tools necessary to
provide services to the Client. Client may provide tools as necessary to increase
efficiency of provision of services to Client;
g. Counsel is an independent contractor, so Counsel is not required to follow Client’s
human resources policies;
h. Counsel is not entitled to travel expenses EXCEPT with the prior written approval of
the primary Client contact on a case-by-case basis for the sole benefit of Client;
i. Counsel is not required to provide full-time services to Client. In no week will
Counsel provide more than 40 hours of service to Client. Hours of work will vary
according to tasks required of Counsel.
j. Counsel maintains its own external or home office at the aforementioned location.
k. Counsel will invoice Client on a weekly basis, with payment to be provided within 30
days after submission of invoice. Counsel shall provide information on said invoices
as required by the primary Client contact.
Section 8: Federal and State Taxes
Counsel is an independent contractor and is not an employee. Accordingly, Client shall not
withhold income tax, payroll tax, social security tax, FICA, unemployment taxes, or any
other taxes or fees unless such withholding is required by law for independent contractors.
Counsel will provide the Client with a completed I.R.S. Form W-9, Request for Taxpayer
Identification Number and Certification. Client will provide Counsel with a 1099 annually.
Section 9: Notice to Counsel about Its Tax Duties and Liabilities
Counsel understands that he or she is responsible to pay, according to law, Counsel’s income
taxes. If Counsel is not a corporation, Counsel further understands that Counsel may be liable
for self-employment (social security) tax, to be paid by Counsel according to law.
Section 10: Responsibility for Workers' Compensation
No workers' compensation insurance shall be obtained by Client covering Counsel or
employees of Counsel. Counsel shall maintain a high standard of care when on Client’s
property and shall indemnify, defend, and hold Client harmless for any injury
occurring to Counsel as a result of any condition of Client’s property and for any
actions of Counsel, regardless of the hidden nature of the condition or Client’s
contributory negligence in maintaining such condition.
Section 11: Employment Benefits
Counsel acknowledges that as a non-employee of Client, he or she is not entitled to
participate in any of Client's employee benefit programs, nor are his or her spouse or any
dependents. Counsel hereby waves his or her right to participate in any such programs
including pension, health or other fringe benefits.
Section 12: Outside Activities
Outside consulting or business opportunities are completely allowed under this agreement.
Counsel may accept or engage in outside business opportunities with the understanding that
such arrangements must not constitute a conflict of interest with Counsel’s responsibilities
under this Agreement.
Section 13: General Business Expenses
Client shall not be liable to Counsel for any expenses paid or incurred by Counsel unless
otherwise agreed to in writing.
Section 14: Assignability
Counsel shall not assign, transfer, or delegate any of his/her obligations or duties in this
Contract to any other person without the prior written consent of the Client. The
performance of this Agreement by Counsel is the essence of this Agreement and Client’s
right to withhold consent to such assignment shall be within the sole discretion of the Client
on any grounds whatsoever.
Section 15: Qualification
Counsel is fully capable and qualified to execute the services in this agreement and does not
require any training from the Client.
Section 16: Quality of Service
All work will be done in accordance with the standards of the legal profession and all
services are subject to final approval by a representative of the Client prior to payment.
Section 17: Subcontractors
Counsel may not use any subcontractor in connection with the work performed under this
Agreement unless the subcontractor is approved in writing by the primary Client contact.
Section 18: Indemnification
COUNSEL MUST INDEMNIFY AND HOLD CLIENT AND CLIENT’S OFFICERS,
EMPLOYEES AND AGENTS (“INDEMNITEES”) HARMLESS OF, FROM, AND
AGAINST ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, COSTS,
LIABILITIES, EXPENSES, AND JUDGMENTS RECOVERED FROM OR
ASSERTED AGAINST INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE
TO PERSON OR PROPERTY TO THE EXTENT ANY SUCH DAMAGE OR
INJURY MAY BE INCIDENT TO, ARISE OUT OF, OR BE CAUSED BY, OR BE IN
ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY,
WHOLLY OR IN PART, THE PERFORMANCE OF THIS AGREEMENT, AN ACT
OR OMISSION, NEGLIGENCE OR MISCONDUCT ON THE PART OF COUNSEL,
OR ANY OF COUNSEL’S AGENTS, SERVANTS, CONTRACTORS, OR
EMPLOYEES IN PERFORMANCE OF THIS AGREEMENT. COUNSEL AGREES
TO INDEMNIFY AND SAVE HARMLESS CLIENT, ITS AGENTS, SERVANTS,
AND EMPLOYEES, (“INDEMNITEES”), FROM ANY AND ALL LIABILITIES,
LOSSES, DAMAGES, OR EXPENSES, INCLUDING ATTORNEY’S FEES
RESULTING FROM THE NEGLIGENCE OR ACTS OR OMISSIONS OF
COUNSEL, ITS EMPLOYEES, OFFICERS, AGENTS OR CONTRACTORS, WHILE
IN PERFORMANCE OF THIS AGREEMENT.
Section 19: Confidential Matters and Proprietary Information
Counsel recognizes that during the course of contract performance he or she may acquire
knowledge or confidential information. Counsel agrees to keep all such confidential
information in a secure place and further agrees not to publish, communicate, divulge, use, or
disclose, directly or indirectly, for his or her own benefit or for the benefit of another, either
during or after contract performance, any such confidential information. Upon termination or
expiration of this Agreement, Counsel shall deliver all records, data, information, and other
documents produced or acquired during the performance of this Agreement and all copies
thereof to Client. Such material shall remain the property of Client.
Section 20: Venue and Applicable Law
This Agreement shall be subject to all Federal, State and local laws. All duties of the parties
shall be considered to have been performed in the City of Corpus Christi, Texas for the
purpose of venue for any dispute. The applicable law for any legal disputes arising out of this
Agreement shall be the law of Texas and such forum and sole venue for such disputes shall
be the appropriate court in Nueces County, Texas.
Section 21: Waiver
No waiver of any breach of any term, or condition of this Agreement, shall be construed to
waive any subsequent breach of the same.
Section 22: Conflict of Interests
Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file
Form CIQ with the Client Secretary’s Office, if required.
Section 23: Captions
The captions in this Agreement are for convenience only and are not a part of this
Agreement. The captions do not in any way limit or amplify the terms and provisions of this
Agreement.
Section 24: Notices
Notices shall be in writing and delivered to:
To Client’s office at:
City Attorney’s Office
Att: Laurie Ledesma-Garcia
1201 Leopard
Corpus Christi, Texas 78401
To Counsel’s office at:
Name _______________________________
Street Address _______________________________
Client, State, Zip _______________________________
Phone No: _______________________________
Section 25: No Waiver
No waiver of any covenant or condition, or the breach of any covenant or condition of this
Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the
Agreement.
Section 26: Amendments or Modifications
No amendments or modifications to this Agreement may be made, nor any provision waived,
unless in writing signed by a person duly authorized to sign agreements on behalf of each
party.
Section 27: Relationship of Parties
In performing this Agreement, both the Client and Counsel shall 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 28: Severability
If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of
this Agreement or the application of this Agreement to any person or circumstance is, to any
extent, held illegal, invalid, or unenforceable under present or future law or by a final
judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the
application of the term or provision to persons or circumstances other than those as to which
it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it
is the definite intent of the parties to this Agreement that every section, paragraph,
subdivision, clause, provision, phrase, or word of this Agreement be given full force and
effect for its purpose. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this Agreement, then
the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid,
or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal,
invalid, or unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Agreement automatically.
Section 29: Background Investigation of Counsel
If required by Client, Counsel agrees to submit to a full background investigation prior to the
performance of any services under this Agreement, which may include but is not limited to a
criminal history check and fingerprinting. The discovery of an undisclosed criminal
conviction may be grounds for immediate termination of this Agreement without prior notice
by the Client, as may the conviction of Counsel during the term of the Agreement of any
criminal offense.
Section 30: Criminal Arrest and Convictions
Counsel certifies that Counsel does not have any convictions, deferred adjudication, or
unadjudicated arrest for any criminal offense constituting a Class B misdemeanor, Class A
misdemeanor, or felony, except as disclosed as follows:
______________________________. During the term of this Agreement, Counsel will
immediately notify the Client in writing of any arrest or conviction for a criminal offense
constituting a class B misdemeanor, Class A misdemeanor, or felony.
Section 31: Sole Agreement
This Agreement constitutes the sole agreement between the Client and Counsel. Any prior
agreements, promises, negotiations, or representations, verbal or otherwise, not expressly
stated in this Agreement, shall not be binding on the Client.
EXECUTED by the PARTIES, both of which hereby represent that the signatures to this
AGREEMENT, below, are of those persons with the capacity and authority to legally bind the
PARTIES.
City of Corpus Christi Outside Counsel
________________________________________________
Ronald Olson Name:___________________
City Manager
________________________________________________
Date Date
JULIAN GRANT
101 Parque Circle
Georgetown, TX 78626
512-439-9993
EMPLOYMENT
Law Offices of Julian Grant
June 2015-present
Retain duties with the City of Corpus Christi below
City of Corpus Christi
2013-2015
Senior Assistant City Attorney
Advised City Council, Planning Commission, Zoning Board of Adjustment, Type A
Corporation, Chapter 380 and related Economic Development projects, Finance Department,
Land Use and Planning Department, Museum, Convention and Visitors’ Bureau, City Arena and
Convention Center. Serve as Legal Training Officer.
City of Kyle
2012-13
City Attorney
Performed most legal work for City and advised for all municipal matters including economic
development, zoning, code enforcement, utility issues and litigation, open records, ethics, agenda
and ordinance preparation, prosecution, and Human Resource issues. Also coordinated outside
litigation and water utility counsel.
Texas Attorney General’s Office, Austin
2003-2012
Municipal Affairs Section Chief
Provided assistance to municipal and other local elected officials and employees. Drafted Made
Easy articles for agency and the Economic Development Handbook for Texas Cities. Provided
presentations to various organizations on economic development, conflicts law, open meetings,
open records, hotel tax, municipal court, land use, and Attorney General opinions. Reviewed
draft opinions with municipal issues. Monitored legislative hearings and handled legislative
contacts on municipal matters. Worked with executive office on any municipal law issue that
developed.
Public Finance Department
Reviewed bonds and other obligations for public works projects by public issuers.
Texas Workforce Commission, Austin
2003
Appeal Tribunal
Held hearings for appeals of adjudications on unemployment benefits.
City of Temple Legal Department, Temple
1995-2002
Deputy City Attorney
Specialized in condemnation and property acquisition, most city contracts and real property
issues. Represented City in state trial and appellate courts. Negotiated and drafted sales contract
for countywide communications system. Created forms for major public works construction
contracts and design professional agreements. Advised Zoning Board of Adjustment, Parks
Board, Personnel, Airport, Community Development, and other departments. Prosecuted cases in
Municipal Court.
ADMISSIONS AND LEGAL ORGANIZATIONS
State Bar of Texas
U.S. District Court, Southern District (TX)
U.S. District Court, Western District (TX)
Texas City Attorneys’ Association–frequent presenter at annual meeting
Long-time Member of State Bar College
Past President, Bell County Young Lawyers Association—organization received multiple
honors with Texas Young Lawyers Association and American Bar Association
Member, International Municipal Lawyers Association, presenter at conferences in D.C.,
San Francisco and Prague, co-chair of Finance/Economic Development section, co-chair
of Land Use section, Local Government Fellow, 2010 (one of four in the nation),
recertified 2015, moderator at 2015 annual conference for 3 classes, trip to Cuba 2016
Member and Master, Robert Calvert Inn of Court
Past Board Member of Legal Aid of Central Texas
EDUCATION
University of Texas School of Law, J.D.
Order of the Coif
American Journal of Criminal Law notes editor
Harvard University, B.A.
Cum Laude, American History
COMMUNITY/PERSONAL INFORMATION
Past Member of Board of Directors and Incorporator of Temple Symphony Orchestra
Past President of South Austin Rotary Club, Rotary District officer for Youth programs
Former Member of Board of Directors of Temple Area Federal Credit Union
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Law Office of Julian Grant
Georgetown, TX United States
Certificate Number:
2016-28075
Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Corpus Christi
03/18/2016
Date Acknowledged:
3 Provide the identification number used by the govemmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
XXX
Legal Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
X
5 Check only if there is NO interested Party.`i9
NA, ../if.x., ;ii j
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
=o ,Y P
Pkt. HEATHER FULLER'
-71
f
*i
:'./44
'y Notary Public
STATE OF TEXAS
Si ture of authorized agent of contracting business entity
Sworn to and subscribed before me, by the said IN c I t•-bb `�' ` ''r"j this the 1 SlIlif‘day of ti\airin
,
20 Oh , to certify which, witness my hand and seal of office.
QD X Jr�6* N)0k
Signature of officer administe ng oa
Printed name of officer administering oath Title of officer administering oath
arms provided by Texas Ethics Commission
www.ethics.state.tx.us
Version V1.0.312
DATE:March 24, 2016
TO:Ronald L. Olson, City Manager
FROM:Valerie H. Gray, P.E.
ValerieG@cctexas.com
361-826-3729
STAFF PRESENTER(S):
Name Title/Position Department
1.Valerie H. Gray, P.E.Executive Director Public Works
2.
3.
OUTSIDE PRESENTER(S):
Name Title/Position Organization
1.Andy Taubman Chairman Ad Hoc Residential Street
Infrastructure Advisory
Committee
2.
3.
BACKGROUND:
This presentation provides an update on the Ad Hoc Advisory Committee’s progress towards its
goal of development of a residential reconstruction program.
LIST OF SUPPORTING DOCUMENTS:
Presentation – Ad Hoc Residential Street Infrastructure Advisory Committee Update
UPDATE TO CITY COUNCIL
Ad Hoc Residential Street Infrastructure Advisory Committee
AGENDA MEMORANDUM
for the City Council Meeting of March 29, 2016
Andy Taubman
Chairman
Ad Hoc Residential Street Committee
Committee Update
Presentation to City Council
March 29, 2016
Category Milage Surface
Cost
ADA
Sidewalk
Curb/Gutter Utilities Total
Cost
PCI < 55 565 mi $565 $87 $543 $665 $1,860
PCI >=55 249 mi $251 $39 $244 $196 $730
Totals 814 mi $816 $126 $787 $860 $2,590
% Totals 32%5%30%33%100%
Streets require a perpetual maintenance and rebuild cycle
Fixing street conditions that cause driver anxiety is key to satisfaction
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Existing streets require action: proactive vs. passive
Preliminary Map
Targeted Area Restoration Table
Year Year Year Year Year Year Year Year Year Year
1 2 3 4 5 6 7 8 9 10
Inflation 100% 102% 104% 106% 108% 110% 113% 115% 117% 120%
Budgeted TAR 12,000,000 12240,000 12,484,800 12,734,496 12,989,186 13,248,970 13,513,949 13,784,228 14,059,913 14,341,111
$ TAR < 55 + % > 55 PCI 61,400,467 62,628,477 63,881,046 65,158,667 66,461.840 67,791,077 69,146,899 70,529,837 71,940,434 73,379,242
% Street Serviced 1 Yr 20% 20% 2055 209x4 L u 20% 20% 20% 20% 20%
Cumul % Street Serviced 20°A 39% 59% 78% 98% 117% 137% 156% 176% 195%
Milage Equivalent Renewed 13.5 13.5 13.5 13.5 13.5 13.5 13.5 13.5 13.5
Year Year
29 30
174% 178%
20,892,290 21,310,136
106,899,700 109,037,694
20% 20%
567% 586%
13.5 13.5
Promise is to service Z00% of the neighborhoods every five years
Texan Trail between
Reid and Staples
No rework has occurred in a long time.
City Crews used to do.
Residential streets have not had a reconstruction program in a long time.
Rework Table
Year Year Year Year Year Year Year Year Year Year
1 2 3 4 5 6 7 8 9 10
Inflation 100% 102% 104% 106% 108% 110% 113% 115% 117% 120%
Budgeted Rework 2,500.000 2,550,000 2,601,000 2,653,020 2,706,080 2,760,202 2,815,406 2,871,714 2,929,148 2,987,731
Rework All Streets 819,182,681 835,566,334 852,277,661 869,323,214 886,709,679 904,443,872 922,532,750 940,983,405 959,803,073 978,999,134
% Street Serviced / Yr 0.3051822% 0% 0% 0% 0% 0% 0% 0% 0% 0%
Annual Milage Streets Serviced 1.24168 1.2 12 1.2 1.2 12 12 1.2 1.2 12
Gumul % Street Serviced 1% 1% 1% 2% 2% 2% 2% 3% 3%
Gumul Milage Streets Serviced 12 2.48 3.73 4.97 6.21 7.45 8.69 9.93 11.18 12.42
Associated Util Spend T "'` 1,340,071 1,366,872 1,394209 1,424094 1,450,535 1,479,546 1,509,137 1,539,320 1,570,106
Year Year
29 30
174% 178%
4,352,561 4,439,612
1,426,216,876 1,454,741,214
0% 0%
1.2 1.2
9% 9%
36.01 37.25
2,287,348 2,333,095
Reconstruct Table
Inflation
Year Year Year Year Year Year Year Year Year Year
1 2 3 4 5 6 7 8 9 10
10055 102% 104% 106% 108% 11055 113% 11555 117% 1205
Budgeted Reconstruct 2,500,000 2,550,000 2,601,000 2,653,020 2,706,080 2,760,202 2,815,406 2,871,714 2,929,148 2,987,731
$ Reconstruct All Streets
% Street Serviced 1 Yr
Annual Milage Streets Serviced
Gumul % Street Serviced
Gumul Milage Streets Serviced
Associated tJtil Spend
Year
29
Year
30
174°r6 178%
4,352,561 4,439,612
909,861,377 928,058,604 946,619,777 965,552,172 984,863,216 1,004,560,480 1,024,651,689 1,045,144,723 1,066,047,618 1,087,368,571 1,584,090,682 1,615,772,495
0.2747671% 0% 0% 0% 0% 0% 0% 0% 0% 09' 0% 0%
1.1179 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1
U70 1%n 1% 1% 1% 2% 2% 2% 2%a 35' 8% 8%
1.1 2.24 3.35 4.47 5.59 6.71 7.83 8.94 10.06 11.18 32.42 33.54
1,181.W 1,206.516.27 1,230,646.60 1,255.259.53 1,280,364.72 1,305,972.02 1,332,091.46 1,358,733.29 1,385,907.95 1,413,626.11 2,059,386.31 2,100,574.04
Rebuild Table
Year Year
1 2
Annual TAR Milage Equivalent 13.5 13.5
Annual Milage Rework 1 Recon 2.4 24
Annaul Milage Rebuild 15.8 15_8
Cumul Milage Streets Serviced 15.8 31_7
% Street Rebuilt 2% 4%
Total Rebuild Spend
Associated Util Spend
Storrn Water
Total Gost Rebuild
17,000,000 17,340,000
2,496154 2,546,587
1,000,000 1,000,000
20.496.654 20.886.587
Year Year Year Year Year Year Year Year
3 4 5 8 7 8 9 10
13.5 13.5 13.5 13.5 13.5 13.5 13.5 13.5
2.4 2.4 24 2.4 2.4 2.4 24 2.4
15.8 15.8 15_8 15.8 15.8 15.8 15_8 15.8
47.5 63.3 _._ 95.0 110.8 1261 1424
6% 8% 10% 12% 14% 16% 18%
Year Year
29 30
19%
17186,800 18,040,536 18,401,347 18,769,374 19,144,761 19,527,656 19,918,209 20,316,574
2,597,519 2,649,469 2,702,458 2,756,507 2,811,638 2,867,870 2,925,228 2,983,732
1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000
21,284,319 21,690,005 22,103,805 22,525,881 22,956,399 23,395,527 23,843,437 24,300,306
13.5
24
151
459.1
56%
29,597,412
4,346,735
1,000,000
34,944,146
13.5
24
15_8
30,189,360
4,433,669
1,000,000
35,623,029
Rebuild Table
Annual TAR Milage Equivalent
Annual Milage Rework 1 Recon
Annaul Milage Rebuild
Cumul Milage Streets Serviced
% Street Rebuilt
Total Rebuild Spend
Associated Util Spend
Storm Water
Total Cost Rebuild
Year Year Year Year Year Year Year Year Year Year
1 2 3 4 5 6 7 8 9 10
8.0 8.0
8.0 8.0
8.0
8.0 8.0 8.0 8.0
8.0 16.0 24.1 32.1
1% 295 3% 4%
8.0
8.0 8.0 8.0 8.0 8.0
8.0 8.0 8.0 8.0 8.0
48.1 56.2 64.2 72.2
6% 7% 8% 9%
Year
29
0%
17,000,000 17,340,000 17,686,800 18,040,536 18,401,347 18,769,374 19.144,761 19,527,656 19,918,209 20,316,574
8,488,623 8,658,395 8,831,563 9,008,194 9,188,358 9,372,125 9,559,568 9,750,759 9,945,774 10,144,690
1,000,000 1,000,000 1,000,000 1,000,000 1.000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000
26,488,623 26,998,395 27,518,363 28,048,730 28,589,705 29,141,499 29,704,329 30,278,416 30,863,984 31,461,263
Year
30
8.0 8.0
8.0 8.0
<
232.7 ^ '
29% 30%
29,597,412
14,778,897
1,000,000
45,376,309
30,189,360
15,074,415
1,000,000
46,263,835
Totals Year 5 mileage Year 10 mileage Year 30 mileage
Using TAR approach 79 mi 158 mi 475 mi
Using Total Rebuild approach 40 mi 80 mi 241 mi
Preliminary Map
Preliminary Map
Preliminary Map
Preliminary Map
Preliminary Map
DATE:March 23, 2016
TO:Ronald L. Olson, City Manager
FROM:Mark Van Vleck, P.E., Assistant City Manager
MarkVV@cctexas.com
(361) 826-3268
STAFF PRESENTER(S):
Name Title/Position Department
1. Mark Van Vleck, P.E. Assistant City Manager
2.
3.
OUTSIDE PRESENTER(S):
Name Title/Position Organization
1.
2.
3.
BACKGROUND :
This presentation will provide City Council with an update on the current water supply situation
and status of current projects.
LIST OF SUPPORTING DOCUMENTS:
PowerPoint – City of Corpus Christi Water Resources
UPDATE TO CITY COUNCIL
Water Supply and Project Update
AGENDA MEMORANDUM
City Council Meeting of March 29, 2016
City of Corpus Christi Water Resources
Council Presentation
March 29, 2016
1
2
3
0
20
40
60
80
100
Combined Capacity Since 1987
4
0%
20%
40%
60%
80%
100%
O c t -9 8
A p r -9 9
O c t -9 9
A p r -0 0
O c t -0 0
A p r -0 1
O c t -0 1
A p r -0 2
O c t -0 2
A p r -0 3
O c t -0 3
A p r -0 4
O c t -0 4
A p r -0 5
O c t -0 5
A p r -0 6
O c t -0 6
A p r -0 7
O c t -0 7
A p r -0 8
O c t -0 8
A p r -0 9
O c t -0 9
A p r -1 0
O c t -1 0
A p r -1 1
O c t -1 1
A p r -1 2
O c t -1 2
A p r -1 3
O c t -1 3
A p r -1 4
O c t -1 4
Actual Without MRP 1
5
0
50,000
100,000
150,000
200,000
250,000
300,000
CY
2001
CY
2002
CY
2003
CY
2004
CY
2005
CY
2006
CY
2007
CY
2008
CY
2009
CY
2010
CY
2011
CY
2012
CY
2013
CY
2014
A n n u a l V o l u m e i n a c -f t
Safe Yield vs Demand
Regional Demand
Safe Yield
Firm Yield
6
Annual Treated Water Production
7
-
5
10
15
20
25
30
35
A n n u a l T r e a t e d W a t e r (b i l l i o n g a l l o n s )
Does Conservation Work in CC?
8
0
10
20
30
40
50
60
70
80
90
100
2009 2010 2011 2012 2013 2014 2015
P e r C a p i t a W a t e r (g a l l o n s p e r p e r s o n
p e r d a y )
Residential Per Capita Water Use
55%
19%
6%
3%
1%
3%5%
8%
City of Corpus Christi
SPMWD
Alice
Beeville
Mathis
Treated Wholesale
Raw Water Industries
Water Loss
Total Water Diverted in 2014:
117,050 ac-ft
Breakdown of Total Water Diversions in 2014
Corpus Christi Water Use by Customer Class
43%
15%
36%
6%
Industrial
Commercial
Residential
Institutional
Water Cycle
11
Regional Water Planning – Region N
12
Population Projections Demand Projections
Regional Water Planning – Region N
13
Comparing Supply and Demand
City’s current
estimated
projection
Regional Water Planning
14
Local Planning
15
Last Year’s Demand Projection Current Demand Projection:
7 16 25 36 36191219219219218217216
0
50
100
150
200
250
2010 2015 2020 2025 2030 2040 2050
Years
7 16 25 36 36191219219219218217216
0
50
100
150
200
250
2010 2015 2020 2025 2030 2040 2050
V o l u m e (1 ,0 0 0 A c r e -F e e t )
Years
Desalination*Industrial Reuse*Surface Water
Current Demand Projection Last Year's Demand Projection
7 - 42 thousand acre-feet 7 - 42 thousand acre-feet
Current Projects
•Surface Water
–Mary Rhodes Phase II
•30,000 Acre Feet
•Seawater
–Desalination
•Industrial (10 to 20,000 Acre Feet)
•Variable Salinity
•Ground Water
–Aquifer Storage and Recovery District
•Drilling Test Wells to determine capacity
•Reuse
–Industry (4 to 10K Acre Feet)
16
Mary Rhodes Pipeline Phase 2
Industrial Desal Study Milestones
•Letter of Intent (Nov 2014)
•Consultant Selection (Jan 2015)
•Scope of Work Refinement (Mar 2015)
•Data Collection and Background Investigation (Jun 2015)
•Project Assumptions Memorandum (Aug 2015)
•Project Profiles (Dec 2015)
•Project Definition Package (Apr 2016)
•Participant “Go – NoGo” Decision Period (May 2016)
Variable Salinity Pilot Project
•Broadway WWTP
selected as site for pilot
•TM #2 draft complete
•Consultant preparing
specs and permit
applications for pilot
(TMs 3 and 4)
19
Aquifer Storage and Recovery
20
Reuse
•Current use:
–Approx. 500 mil
gal/year
•Studies underway
to add Valero
–Up to 4 Mil
gal/day
21
22
Water System Components
23
Utility Bill Breakdown
Raw Water Treatment Transmission Distribution Stormwater
Cost ($/1000 Gallons)0.95 1.39 0.69
Outside City Limits
Industrial customers ●●●
Raw Water Customers ●
Seawater Desalination (Drinking Water)●●
Seawater Desalination (Industrial)●●●
Reuse (Industrial)●●●
Reuse (Irrigation)●