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Agenda Packet City Council - 08/15/2017
Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 forward.cctexas.com Meeting Agenda - Final City Council Tuesday,August 15,2017 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive)that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Pastor Adam Carrington, Brooks AME Worship Center. C. Pledge of Allegiance to the Flag of the United States to be led by Mark Van Vleck, Assistant City Manager. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-1006 Proclamation declaring August 13-19, 2017, "National Health Center Week". Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER City of Corpus Christi Page 1 Printed on 811 412 01 7 City Council Meeting Agenda-Final August 15, 2017 G. MINUTES: 2. 17-1014 Regular Meeting of August 8, 2017 and Workshop of August 8, 2017. Attachments: Minutes-August 8, 2017 Minutes-August 8, 2017 Workshop.pdf H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. 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. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. 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 ATA 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. K. CONSENT AGENDA: (3 - 12) City of Corpus Christi Page 2 Printed on 811 412 01 7 City Council Meeting Agenda-Final August 15, 2017 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. 17-0939 Resolution ratifying the submission of grant applications from the Homeland Security Grant Program Resolution ratifying the submission of grant applications in the amount of$98,235.59 to the Texas Office of the Governor- Homeland Security Grant Division, Homeland Security Grant Program for law enforcement terrorism prevention activities. Attachments: Agenda Memo-Grant Homeland Security Resolution-Grant Homeland Security 4. 17-0962 Resolution authorizing the City Manager to move forward with a Bond 2018 Street Program as outlined at the July 13, 2017 Council Workshop Resolution authorizing the City Manager to move forward with a 2018 Bond Program including an Implementation Plan as outlined by City Staff at the July 13, 2017 City Council Workshop. Attachments: Agenda Memo- Resolution Re Bond 2018 REV.docx Resolution-2018 Bond Program and Implementation Plan REV.docx Attachment- Res 029485-Addl funding from Bond 2008.pdf Summary of Bond 2018 Proposed Proiects.pdf List of City Streets for Proposed Bond 2018 5. 17-0604 Service Agreement for On-Call Plumbing Repair Services for the Utilities Department Motion authorizing City Manager, or designee, to execute a service agreement with Javier M. Reyna dba Spring Plumbing and Construction, of Corpus Christi, Texas for plumbing repair services in accordance with Request for Bids (RFB) No. 1123 based on the lowest, responsive and responsible bid for a total amount not to exceed $39,312.50, with an estimated expenditure of$6,552.08 in FY2016-2017. The term of the agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo- Plumbing Repair Services for Utilities Department. Bid Tab- Plumbing Repair Services for Utilities Department Agreement- Plumbing Repair Services for Utilities Department. City of Corpus Christi Page 3 Printed on 811 412 01 7 City Council Meeting Agenda-Final August 15, 2017 Form 1295-Plumbing Repairs Utilites 6. 17-0966 Service Agreement for Emergency Spill and Remediation to Protect Storm Sewer System Motion authorizing City Manager, or designee, to execute a service agreement with Horizon Environmental, of Houston, Texas for emergency spill response and remediation services in response to Request for Bid No.1036 based on the lowest, responsive, responsible bid for a total amount not to exceed $22,762.30, with an estimated expenditure of$3,793.72 in FY2016-2017, and funded by the Utilities Department-Storm Water Division. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo- Emergency Spill Response and Remediation Services Bid Tab- Emergency Spill Response and Remediation Services Service Agreement-Emergency Spill Response and Remediation Services Form 1295 - Emergency Spill Response and Remediation Services 7. 17-0748 Supply Agreement for hydrofluorosilicic acid for treatment of potable water at the O.N. Stevens Water Treatment Plant Motion authorizing the City Manager, or designee, to execute a supply agreement with Pencco, Inc. of San Felipe, Texas for the purchase of hydrofluorosilicic acid in response to Request for Bid (RFB) No. 1106 based on the lowest, responsive, responsible bid for a total amount not to exceed $182,250.00, with an estimated expenditure of$30,375.00 in FY2016-2017 funded by the Water Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-Hydrofluorosilicic Acid for WTP Bid Tabulation-Hydrofluorosilicic Acid for WTP Service Agreement-Hydrofluorisilicic Acid for WTP. Form - 1295-Hydrofluorisilicic Acid for WTP 8. 17-0938 Purchase of 18 2017 Ford Trucks for the Utilities Department Motion authorizing the City Manager, or designee, to purchase 16 2017 Ford F-150 Service Trucks from Silsbee Ford, of Silsbee, Texas, for the amount of$478,877.50 and two 2017 Ford F-550 Service Trucks from Grande Truck Center of San Antonio, Texas, for$192,598.00 based on the Local Government Purchasing Cooperative dba Buyboard, for a total amount not to exceed $671,475.50. Funds are budgeted in FY2016-17. Attachments: Agenda Memo- 18 Ford Service Trucks for Utilities Price Sheet- 18 Ford Service Trucks for Utilities City of Corpus Christi Page 4 Printed on 811 412 01 7 City Council Meeting Agenda-Final August 15, 2017 9. 17-0923 Second Reading Ordinance - Rezoning property located at 15057 Aruba Drive (1st Reading 8/8/17) Case No. 0617-06 Aruba Bay Resort, LLC.: A change of zoning from the "CR-1/10" Resort Commercial District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay. The property is described as being Padre Island-Corpus Christi, Section C, Lots 17 thru 20 and Padre Island-Corpus Christi, Section E, Block 1, Lots 1 and 2, located along the west side of Leeward Drive at the intersection with Aruba Drive, and north of Windward Drive. Planning Commission and Staff Recommendation (July 12, 2017): Approval of the change of zoning from the "CR-1/10" Resort Commercial District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay with specified conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Aruba Bay Resort, LLC. ("Owner"), by changing the UDC Zoning Map in reference to Padre Island-Corpus Christi, Section C, Lots 17 thru 20 and Padre Island-Corpus Christi, Section E, Block 1, Lots 1 and 2, from the "CR-1/10" Resort Commercial District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0617-06 Aruba Bay Resort, LLC. Ordinance 0617-06 Aruba Bay Resort, LLC. with Exhibits Zoninq Report 0617-06 Aruba Bay Resort, LLC. with Exhibits Presentation 0617-06 Aruba Bay Resort, LLC. 10. 17-0924 Second Reading Ordinance - Rezoning property located at 3701 Airline Road (1st Reading 8/8/17) Case No. 0617-02 Margaret A. Markins and Linda Kay Cox: A change of zoning from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District. The property is described as being Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, located along the west side of Airline Road, north of Lipes Boulevard, and south of Saratoga Boulevard. Planning Commission and Staff Recommendation (June 28, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District. City of Corpus Christi Page 5 Printed on 811 412 01 7 City Council Meeting Agenda-Final August 15, 2017 Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Margaret A. Markins and Linda Kay Cox ("Owner"), by changing the UDC Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0617-02 Margaret A. Markins and Linda Kay Cox Ordinance 0617-02 Margaret A. Markins and Linda Kay Cox with Exhibits Zoninq Report 0617-02 Margaret A. Markins and Linda Kay Cox with Exhibits Presentation 0617-02 Margaret A. Markins and Linda Kay Cox 11. 17-0941 Second Reading Ordinance -Amending the Unified Development Code to improve function and implementation (1st Reading 818117) Ordinance amending the Unified Development Code by revising Table 4.4.3.A "Residential Development (Two-Family and Townhouse districts)", subsection 5.2.14 "Self-Service Storage, Including Boat and RV Storage" and subsection 7.3.12.E "Tree of Palm Requirement"; and providing for severance, penalties, and publication. Attachments: Agenda Memo CC UDC Amendments 8-8-2017 Ordinance UDC Amendments 8-8-2017 Presentation CC 8-8-2017 12. 17-0959 Second Reading Ordinance - Lease Agreement for Arts Alive! Event (1st Reading 818117) Ordinance authorizing the City Manager or designee to execute an agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of area generally bounded by current and former N. Shoreline Blvd., between Coopers Alley and Williams Street, for the Arts Alive! Event and related activities on September 2-3 2017; September 1-2 2018; and August 31-September 1 2019. Attachments: Agenda Memo-Arts Alive! 2017 Ordinance-Arts Alive! 2017 Lease Agreement-Arts Alive! 2017 L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEM 13) 13. 17-0999 Public Hearing for the Proposed FY 2017-2018 budget for the Corpus Christi Crime Control and Prevention District. City of Corpus Christi Page 6 Printed on 811 412 01 7 City Council Meeting Agenda-Final August 15, 2017 Attachments: Agenda memo-City council approve budget 08.15.2017 Approved FY 2017-2018 budget REVISED 7.26.17 Resolution-Approving Crime Control Budget FY17-18 Presentation-CCD FY2018 08.15.2017 N. REGULAR AGENDA: (ITEMS 14 - 16) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 14. 17-0978 Resolution authorizing settlement payment for Oso Golf Course cart barn damage Resolution authorizing payment to Foresight Corpus Christi Golf LLC for claim settlement of$60,250 in replacement expenses for the Oso Golf Course cart barn damaged by fire on September 30, 2016. Attachments: Agenda Memo- Foresight Golf Claim Settlement Resolution-Golf Cart Barn-$60250 Invoice- Foresight Corpus Christi Golf LLC-#574903 15. 17-0963 Resolution to fund repair of streets impacted by the Harbor Bridge Relocation Project with lowest cost financing option Resolution directing the City Manager to fund repair of selected streets impacted by the Harbor Bridge Relocation Project using the financing option which provides the lowest cost to the City. Attachments: Agenda Memo- Resolution Re Funding Harbor Bridge Related Streets REV Resolution4-Directing City Manager to seek alternate financing options 16. 17-1030 Reimbursement Resolution for Streets Related to the Harbor Bridge Relocation Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of one or more series of tax-exempt obligations to be issued by the City for authorized purposes in an amount not to exceed $4,100,000; authorizing other matters incident and related thereto; and providing an effective date. Attachments: Agenda Memo- Reimbursement Resolution for Streets Related to Harbor Bridq Reimbursement Resolution for$4.1 million of Harbor Bridge related streets O. FIRST READING ORDINANCES: (ITEMS 17 -19) 17. 17-0967 First Reading Ordinance -Amending City Code to establish guidelines for license applicants with criminal convictions Ordinance amending Chapter 1 of the Corpus Christi Code of City of Corpus Christi Page 7 Printed on 811 412 01 7 City Council Meeting Agenda-Final August 15, 2017 Ordinances by adding Section 1-14 to establish Guidelines for License Applicants with Criminal Convictions; and providing an effective date, for severance, and for publication. Attachments: Agenda memo vendor ordinance revised 08.08.2017 Ordinance-Guideline for Licensing 6-27-17 18. 17-1012 First Reading Ordinance -Adjusting Water and Wastewater Utility Rates Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water and wastewater rates; providing for publication and effective date of January 1, 2018. Attachments: Agenda Memo- update for Utility Rates Ordinance-2018 Utility Rates Draft 08.04.2017v2 Presentation-08-15-17 Utility Rate ordinance v2 19. 17-0980 First Reading Ordinance -Approving Amendment to the Tax Increment Reinvestment Zone No. 3 Project & Financing Plan Ordinance approving the amendment to the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan approved by the Board of Directors of Reinvestment Zone Number Three, Corpus Christi, Texas on July 25, 2017. Attachments: Agenda Memo-3rd Amended TIRZ#3 Prosect Plan Ordinance-3rd Amended TIRZ#3 Prosect Financing Plan Exhibit A-TIRZ#3 Amended Prosect&Financing Plan- Legistlative Changes V TIRZ#3 Resolution-3rd Amended Prosect and Financing Plan (Resolution Oniti P. FUTURE COPORATION MEETING: (ITEM 20) 20. 17-0970 Special North Padre Island Development Corporation Meeting Attachments: Agenda Memo- NPIDC 8.22.17 NPDIC Meeting Agenda 082217 NPIDC Minutes 05-30-17 NPIDC Financials 6.30.2017 NPDIC Memo-Investment Strategy 08.08.2017 NPDIC Memo-FY 2018 Budget FY2018 Budget Cash Flow OMG FY2018 Budget 1111 -Reinvestment Zone 2 Q. FUTURE AGENDA ITEMS: (ITEMS 21 -25) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. City of Corpus Christi Page 8 Printed on 811 412 01 7 City Council Meeting Agenda-Final August 15, 2017 21. 17-0863 Service Agreements for Temporary Staffing Services Motion authorizing the City Manager or designee to execute service agreements with Advance'd Temporaries, Inc. of Corpus Christi, Texas and Genesis Professional Solutions of San Antonio, Texas for temporary staffing services in accordance with Request for Proposal (RFP) No. 1096, based on best value for a total amount not to exceed $250,000 for each agreement for a grand total of$500,000. The term of these agreements is for one year with option to extend for up to three additional one-year periods, subject to the sole discretion of the City. Attachments: Agenda Memo-Temporary Staffing Services Service Agreement-Advance'd TemporariesTemporary Staffing Services Advai Form 1295-Advance'd Temporary Temporary Staffing Services Advance'd Ten Service Agreement-Genesis Professional Solutions Temporary Staffing Service Form 1295-Genesis Professional Solutions Temporary Staffing Services Gene Evaluation Matrix -Temporary Staffing Services.pdf 22. 17-0951 Resolution to execute Advance Funding Agreement for a High-Intensity Crosswalk at the intersection of Ocean Drive and Del Mar Boulevard (Bond 2012, Proposition 1) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for a High-Intensity Activated Cross Walk (HAWK) traffic signal, at the intersection on Ocean Drive and Del Mar Boulevard with the City's required payment to TxDOT in the amount of $11,800 for reimbursement of direct state costs. This is related to the Ocean Drive from Buford to Louisiana Project (Bond 2012, Proposition 1). Attachments: Agenda Memo- HAWK Traffic Siqnal Imps Ocean Drive Del Mar Blvd Resolution- HAWK Traffic Signal Imps Ocean Drive Del Mar Blvd Location Map 1 -HAWK Traffic Signal Imps Ocean Drive Del Mar Blvd Location Map 2-HAWK Traffic Signal Imps Ocean Drive Del Mar Blvd Presentation- HAWK Traffic Signal Imps Ocean Drive Del Mar Blvd Advance Funding Agreement-HAWK Traffic Signal Imps Ocean Drive Del Mar 23. 17-0956 Construction Contract for Chaparral Street Phase 2 Development Master Plan (Bond 2014, Proposition 2) Motion authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of$4,889,551.60 for the Chaparral Street Phase 2 Downtown Development Master Plan project for Base Bid 2 and Additive Alternate No. 1. (Bond 2014 Proposition 2) City of Corpus Christi Page 9 Printed on 811 412 01 7 City Council Meeting Agenda-Final August 15, 2017 Attachments: Agenda Memo Chaparral Phase 2 Project Budget Chaparral Phase 2 Location Map-Chaparral Phase 2 Form 1295 Reytec Letter of Recommendation-Chaparral Phase 2 Presentation-Chaparral 24. 17-0964 Office Lease Extension Agreement for the City Detention Center Motion to authorize the City Manager or designee to execute an Office Lease Extension Agreement for 2 years with Wilson Plaza Associates L.P. Corpus Christi, Texas as Landlord for the operation of the City Detention Center. Attachments: Agenda Memo-Office Lease Extension Agreement CDC Extendion Agreement-2017-07-12 CDC RENEWAL 2017.docx Form 1295 Certificate 100252401 25. 17-1001 Resolution supporting the approval of bonds and a project relative to Texas A&M University-Corpus Christi (TAMUCC) A resolution of the City Council of the City of Corpus Christi, Texas, authorizing the Mayor to approve the issuance of(1) the New Hope Cultural Education Facilities Finance Corporation student housing revenue bonds (CHF - Collegiate Housing Island Campus, L.L.C. - Texas A&M University - Corpus Christi Island Campus Project) Series 2017a and to approve the project to be acquired with the proceeds of such bonds. Attachments: Agenda Memo-TAMUCC Housing Bonds 081517 Resolution-Corpus Christi TEFRA 2017 Presentation-TAMUCC Bonds 2017 Mayor Certification 2017 TAMUCC Housing public notices 2017 Island Campus Student Housing Aerial I RC Sec 147 R. BRIEFINGS: (ITEMS 26 -27) 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. 26. 17-1031 Discussion of proposed Convention Center Improvements presented at the July 19, 2017 workshop City of Corpus Christi Page 10 Printed on 811 412 01 7 City Council Meeting Agenda-Final August 15, 2017 Attachments: 1410-American Bank Center Study Phase 2 Revised Reduced-01 11 15 copy HVS Presentation Updates th 7-19-17 (2) 27. 17-1048 North Beach Redevelopment S. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. T. EXECUTIVE SESSION: (ITEM 28) 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. 28. 17-0960 Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. U. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. V. ADJOURNMENT City of Corpus Christi Page 11 Printed on 811 412 01 7 Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 O forward.cctexas.com Meeting Minutes City Council Tuesday,August 8,2017 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:34 a.m. B. Invocation to be given by Paulette M. Guajardo, Council Member At-Large. Council Member At-Large Paulette M. Guajardo gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Jay Ellington, Director of Parks and Recreation. Director of Parks and Recreation Jay Ellington led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. 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 Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn City of Corpus Christi Page 1 Printed on 811112017 City Council Meeting Minutes August 8, 2017 E. Proclamations /Commendations 1. Proclamation declaring August 6-12, 2017, "National Farmers' Market Week". Proclamation declaring August 10-13, 2017, "Solomon Melvin Coles Alumni Association 31st Reunion Days". Proclamation declaring August 2017, "National Immunization Awareness Month". Mayor McComb presented the proclamations. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1)The City is hosting a series of public meetings using an interactive online tool to allow citizens the opportunity to provide input on the City's proposed general fund budget.The meetings will be held in each council member district over the next two weeks at the following locations and times:Wednesday, August 9,2017 at 6:00 p.m. at the Dr. Clotilde P. Garcia Library,5930 Brockhampton Street; Thursday,August 10,2017 at 4:00 p.m.at Northwest Senior Center,9725 Up River Road; Monday,August 14,2017 at 4:00 p.m.at Janet F. Harte Public Library,2629 Waldron;Wednesday,August 16,2017 at 6:00 p.m. at Broadmoor Park Senior Center, 1651 Tarlton;and Thursday, August 17,2017 at 4:00 p.m.at Ben F. McDonald Public Library,4044 Greenwood Drive.A virtual meeting will be held on Thursday,August 24,2017 at 6:00 p.m.where residents can participate via online video-stream, Facebook Live, CCTV and social medial channels.An English and Spanish version,along with the complete schedule of the meeting locations and times can be found on the City's website at www.cctexas.com/balancer.2)The Engineering Services Department will host a public hearing regarding Old Robstown Road from State Highway 44 to Leopard Street on Thursday,August 10,2017 at 5:30 p.m. at Joe Garza Recreation Center,3204 Highland Avenue.The improvements included:a full-depth reconstruction from a two-lane road to a three-lane road with asphalt pavement; new concrete bus pads;curb and gutter;sidewalks;ADA ramps;an off-street cycle track;and upgrades to utilities and street lighting. 3)City Manager Rose provided a list of engineering projects that have started or will be started soon:Ayers Street from Alameda Street to Ocean Drive, Bond 2014-Proposition 1;Yorktown Boulevard from Everhart Road to Staples Street, Bond 2014-Proposition 1; Creekview Drive Extension, Bond 2014-Proposition 2;and Naval Air Station -Corpus Christi Truck Inspection Staging Area, Texas Military Fund. G. MINUTES: 2. Regular Meeting of July 25, 2017 and Workshop of July 19, 2017. City of Corpus Christi Page 2 Printed on 811112017 City Council Meeting Minutes August 8, 2017 Mayor McComb referred to approval of the minutes. Council Member Molina made a motion to approve the minutes,seconded by Council Member Rubio and passed unanimously. H. BOARD & COMMITTEE APPOINTMENTS: 3. Community Youth Development (78415) Program Steering Committee Crime Control and Prevention District Marina Advisory Committee Parks and Recreation Advisory Committee Mayor McComb referred to board and committee appointments. The following appointments were made: Community Youth Development(78415) Program Steering Committee Council Member Molina made a motion to reappoint Carlos A. Barrera(78415 Resident), Rick Barrera,and Lisa Torres (78415 Resident), seconded by Council Member Rubio and passed unanimously. Council Member Vaughn made a motion to appoint Odelia Soto,seconded by Council Member Rubio and passed unanimously. Crime Control and Prevention District Council Member Lindsey-Opel made a motion to appoint Wendi Pollock (Council Member Debbie Lindsey-Opel's Representative),seconded by Council Molina and passed unanimously. City Secretary Huerta announced that Brian Rosas(Council Member Carolyn Vaughn's Representative)submitted his resignation and Council Member Vaughn has nominated Sylvia Oliver Tryon as her representative. Council Member Vaughn made a motion to appoint Sylvia Oliver Tryon, seconded by Council Member Lindsey-Opel and passed unanimously. Marina Advisory Committee Council Member Vaughn made a motion to appoint Martha A.Avery (Restaurant Representative),seconded by Council Member Hunter and passed unanimously. Parks and Recreation Advisory Committee Council Member Molina made a motion to reappoint Robert A.Alvarez,Alissa Mejia,and Ricardo Pedraza,seconded by Council Member Rubio and passed unanimously. Council Member Rubio nominated Harry O. Hallows. Council Member Guajardo nominated Mandy Cox. Council Member Smith nominated Florence D. East. Council Member Molina nominated Elizabeth Perez. City of Corpus Christi Page 3 Printed on 811112017 City Council Meeting Minutes August 8, 2017 Mandy Cox and Elizabeth Perez were appointed with Council Members Lindsey-Opel, Garza,Smith, Guajardo, McComb,Vaughn, Rubio, Molina and Hunter voting for Mandy Cox; Council Members Garza,Smith, Guajardo, McComb,Vaughn, Rubio, Molina and Hunter voting for Elizabeth Perez; Council Member Lindsey-Opel, Smith, Guajardo, McComb, and Hunter voting for Florence D. East;and Council Members Lindsey-Opel, Garza,Vaughn, Rubio,and Molina voting for Harry O. Hallows. A run-off was conducted between Harry O. Hallows and Florence D. East. Florence D. East was appointed with Council Members Hunter, McComb, Guajardo,Smith,and Lindsey-Opel voting for Florence D. East and Council Members Molina, Rubio,Vaughn and Garza voting for Harry O. Hallows. I. EXPLANATION OF COUNCIL ACTION: J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor McComb referred to comments from the public. Jack Gordy, 4118 Bray Drive,spoke regarding blocked sidewalks and requested that an item be placed on a future City Council agenda. Cheryl Martinez,3938 Surfside, spoke regarding the Animal Care Services'budget and addressed the need for the following items:full-time Animal Control night officers;an Education/Public Relations position; Live Release Coordinator; maintenance of an empty building; and Vector Control to have a separate budget. Bill King, 1649 Brentwood Drive, provided information on the costs savings associated with helping the homeless versus leaving homeless persons on the streets. Linda Gibeaut, 410 Southern Street,spoke regarding Animal Care Services and requested that the budget include: improvements to the kennels; maintenance of the facility; a Program Manager;and additional veterinary staff.Tony C. Diaz,6041 Oso Parkway, requested that the City Council consider not adopting the 2018 proposed employee insurance plan and discussed the impact the increase in premiums will have on employees.Susie Luna Saldana,4710 Hakel, requested that the City Council investigate the hiring process and advice given by staff regarding the Municipal Court Judge position. Carolyn Moon,4902 Calvin, requested that the City Council consider approving a resolution supporting the Paris Climate Accord. Ken Baker, 7421 Idle Hour,addressed the need for Corpus Christi to have a State Veterans Office. Margareta Fratila,3606 Tripoli,spoke regarding contractors for AT&T damaging property on Carroll Lane from Tiger Lane to Holly Road. K. CONSENT AGENDA: (ITEMS 4 -22) City of Corpus Christi Page 4 Printed on 811112017 City Council Meeting Minutes August 8, 2017 Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.There were no comments from the public. Mayor McComb requested that Item 5 be pulled for individual consideration. A motion was made by Council Member Vaughn,seconded by Council Member Lindsey-Opel,to approve the Consent Agenda.The consent agenda items were passed and approved by one vote as follows: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 4. Construction Contract for Corona Drive from Flynn Parkway to Everhart Road (Bond 2014, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, L.P. dba Bay LTD. of Corpus Christi, Texas in the amount of$4,679,371.25 for Corona Drive from Flynn Parkway to Everhart Road for the total Base Bid. (Bond 2014 Proposition 1) This Motion was passed on the consent agenda. Enactment No: M2017-111 6. Resolution for executing the Regional Transportation Authority (RTA) Notification for Additional Funding in 2017 Street Preventative Maintenance Program (SPMP) Resolution authorizing the City Manager or designee to execute the "Notification for Additional Funding in 2017 (Street Maintenance Program)" in an amount of$2,716,127.00 accepting the Corpus Christi Regional Transportation Authority's fiscal year 2017 allocation to the City's Street Preventative Maintenance Program (SPMP) projects. This Resolution was passed on the consent agenda. Enactment No: 031203 7. Purchase of Four Chevrolet Spark Vehicles for the Police Department Motion approving the purchase of four Chevrolet Spark vehicles from Caldwell Country Chevrolet, from Caldwell, Texas, based on a cooperative purchasing agreement with Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed City of Corpus Christi Page 5 Printed on 811112017 City Council Meeting Minutes August 8, 2017 $65,458.60. Funds are budgeted in FY2016-2017. This Motion was passed on the consent agenda. Enactment No: M2017-113 8. Purchase of One Freightliner Flatbed Crew Truck and One Freightliner 5-Yard Dump Truck for Utilities Wastewater Department Motion authorizing the City Manager, or designee, to purchase one Freightliner flatbed crew truck and one Freightliner 5-yard dump truck from Houston Freightliner, Inc., of Houston, Texas, based on the cooperative purchasing agreement with Houston-Galveston Area Council, for a total amount not to exceed $219,914. Funds are budgeted in FY2016-2017. This Motion was passed on the consent agenda. Enactment No: M2017-114 9. Service Agreement for Pump and Motor Repairs for Water Utilities Department Motion authorizing City Manager, or designee, to execute a service agreement with Smith Pump Company, Inc., of Woodway, Texas for pump and motor repairs in response to Request for Bid (RFB) No. 1048 based on the lowest, responsive, responsible bid for a total amount not to exceed $301,230, with an estimated expenditure of$ 50,205 in FY2016-2017 funded by the Water Department Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. This Motion was passed on the consent agenda. Enactment No: M2017-115 10. Lease Purchase Agreements for Computers, Laptops and Peripherals and Purchase of Servers and Monitors for Information Technology Services Motion authorizing the City Manager, or designee, to execute lease-purchase agreements with Hewlett Packard Enterprise Financial Services, of Berkeley Heights, New Jersey, for approximately 575 desktop computers for a lease-purchase term of 48-months, 420 laptop computers for a lease-purchase term of 36-months and peripherals, respectively, in accordance with the State of Texas cooperative purchasing program DIR-TSO-2538 for a total expenditure not to exceed $1,190,712; and to purchase ten servers and 300 City of Corpus Christi Page 6 Printed on 811112017 City Council Meeting Minutes August 8, 2017 monitors for an amount$92,850. No funds are required for FY2016-17; however, the total expenditure not to exceed $1,283,562 will be requested in future budget years. This Motion was passed on the consent agenda. Enactment No: M2017-116 11. Construction Contract for Residential Street Rebuild Program (RSRP) Test Project for Rogerson Drive from McArdle Road to Sunnybrook Road Motion authorizing the City Manager, or designee, to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas in the amount of$699,807.62 for the Rogerson Drive Project- McArdle Road to Sunnybrook Road for Base Bid 2 - Portland Cement Concrete (PCC) as part of the Residential Street Rebuild Program (RSRP) test projects. This Motion was passed on the consent agenda. Enactment No: M2017-117 12. Second Reading Ordinance -Construction Contract for Residential Street Rebuild Program (RSRP) Test Projects for Ralston Avenue from Staples to Alameda (1st Reading 7/25/17) Ordinance amending the Fiscal Year 2017 Operational Budget adopted by Ordinance No. 030965 by increasing expenditures in the amount of$1,000,000 in Fund 1042 Residential / Local Streets and authorizing the City Manager, or designee, to execute a construction contract with J.E. Construction Services of Corpus Christi, Texas in the amount of$1,453,476.33 for the Ralston Avenue - Staples Street to Alameda Street for Base Bid B - HMAC (Asphalt) as part of the Residential Street Rebuild Program (RSRP) test projects. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031204 13. Second Reading Ordinance -Amending the Unified Development Code Codifying Community Home use (1st Reading 7/25/17) Ordinance amending the Unified Development Code to codify Community Home use in residential districts; providing for severance; providing for penalty; providing for publication; and effective date. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031205 14. Second Reading Ordinance -Accepting and appropriating funds City of Corpus Christi Page 7 Printed on 811112017 City Council Meeting Minutes August 8, 2017 for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant amendment for the Health Department (1st Reading 7/25/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of$50,000.00, increasing the total amount to $150,000.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the amended contract period October 1, 2015, through September 30, 2018; and appropriating the increased grant amount. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031206 15. Second Reading Ordinance -Accepting and appropriating grant funds for the Immunization Branch-Locals (IMM/LOCALS) grant for the Health Department (1st Reading 7/25/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Immunization Branch-Locals (IMM/LOCALS) grant in the amount of$241,637.00 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund, to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the contract period September 1, 2017, through August 31, 2018; and appropriating related program income in the estimated amount of$70,000.00 in the Health Grants Fund No. 1066. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031207 16. Second Reading Ordinance -Accepting and appropriating grant funds for Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant for the Health Department (1st Reading 7/25/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Control Unit/Surveillance and Epidemiology Ebola (IDCU/SUREB) grant in the amount of $204,855.00, from the Texas Department of State Health Services in City of Corpus Christi Page 8 Printed on 811112017 City Council Meeting Minutes August 8, 2017 the Health Grants Fund No. 1066, to perform surveillance and epidemiology activities for infectious diseases for the contract period September 1, 2017, through August 31, 2019. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031208 17. Second Reading Ordinance - Executing a Lease Agreement for Heritage Park Properties (1st Reading 7125117) Ordinance authorizing the City Manager or designee to execute a five-year lease agreement with Corpus Christi Convention &Visitors Bureau for the following Heritage Park properties in consideration of total monthly rental payment of$3,000.00 with annual increase of 2%, and authorizing credit for improvements: (1) the Jalufka House located at 1513 North Chaparral Street; (2) the Merriman-Bobys House located at 1521 North Chaparral Street; and (3) the McCampbell House located at 1501 North Chaparral; with one five-year extension option upon agreement of the parties. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031209 18. Second Reading Ordinance - Purchase of Three 2017 Ford F-250 CNG Trucks for Parks and Recreation (1st Reading 7125117) Ordinance appropriating $153,814.00 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of three 2017 Ford F-250 CNG trucks; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $153,814.00; authorizing the City Manager or designee to execute all necessary documents to purchase a total of three 2017 Ford F-250 CNG trucks for$153,814.00 from Rush Truck Center, of New Braunfels, through a Local Government Purchasing Cooperative dba Buyboard, for use by the Parks and Recreation Department for park operations. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031210 19. Second Reading Ordinance - Purchase of Five Brush Trucks for Solid Waste Operations (1st Reading 7125117) Ordinance appropriating $832,628.52 from the reserved future replacement account into the capital outlay expenditure account in Maintenance Services Fund No. 5110 for the purchase of two brush trucks, two rear steer loader brush trucks and one self-loader brush City of Corpus Christi Page 9 Printed on 811112017 City Council Meeting Minutes August 8, 2017 truck; amending the FY2016-17 operating budget adopted by Ordinance No. 030965 by increasing expenditures by $832,628.52; authorizing the City Manager or designee to execute all necessary documents to purchase a total of five 2018 Freightliner Chassis for $510,871.00 from Houston Freightliner, of Houston, Texas, and five brush truck bodies for$321,757.52 from Petersen Industries, Lake Wales, Florida, based on the cooperative purchasing agreements with Houston-Galveston Area Council and National Joint Powers Alliance, for a total amount not to exceed $832,628.52, for use by the Solid Waste Operations. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031211 20. Second Reading Ordinance -Appropriating Grant Funds for the Purchase of Aircraft Rescue Fire Fighting (ARFF)Vehicle (7125117) Ordinance appropriating $765,790 from Federal Aviation Administration Grant No. 3-48-0051-055-2017 in the No. 3020 Airport Capital Improvement Fund for the purchase of a Class 4 Aircraft Rescue Fire Fighting (ARFF) vehicle for use at Corpus Christi International Airport; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $765,790 each; authorizing the City Manager or designee to execute a supply agreement with Oshkosh Airport Products, LLC, of Appleton, Wisconsin, to purchase the ARFF vehicle in accordance with Request for Bid (RFB) No. 1093 based on the lowest responsive, responsible bid of$855,155, with the 10% match and additional funds for the purchase paid from Airport fund reserves. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031212 21. Second Reading Ordinance -Appropriating funds to extend Taxiway "K" (Kilo) Construction at the Corpus Christi International Airport (7125117) Ordinance appropriating $274,267 from Federal Aviation Administration Grant No. 3-48-0051-050-2013, Amendment No. 5, in the No. 3020 Airport Capital Improvement Fund for additional funding for construction of approximately 7,150 square yards of new pavement to expand and extend Taxiway Kilo at the Corpus Christi International Airport and necessary drainage, electrical, lighting and signage improvements, with the 10% match provided from the Airport Capital Reserve Fund; amending the FY2016-2017 Capital Budget by increasing revenues and expenditures by $274,267 each. This Ordinance was passed on second reading on the consent agenda. City of Corpus Christi Page 10 Printed on 811112017 City Council Meeting Minutes August 8, 2017 Enactment No: 031213 22. Second Reading Ordinance -Amending City Code to Allow 24-hour Commercial Loading Zones (7/25/17) Ordinance amending Chapter 53, Section 163 "Standing or parking in commercial loading zones; restrictions" of the Corpus Christi Code of Ordinances to allow 24-hour commercial loading zones; and providing an effective date, for severance, for penalty and for publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031214 5. Construction Contract and Professional Services Contract for Lifecycle Curb and Gutter Replacement Project Motion authorizing the City Manager, or designee, to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of$536,850 and to execute a professional services contract with Engineering and Construction Management Services, LLC (ECMS) of Corpus Christ, Texas in the amount of$95,040 for the Lifecycle Curb & Gutter Replacement project. Both contracts will be executed for one base year with two (2) administrative one-year options. Mayor McComb referred to Item 5,execution of a construction contract and professional services contract for the Lifecycle Curb&Gutter Replacement Project. Executive Director of Public Works Valerie Gray and council members discussed the following topics: the execution of two contracts for the project; the use of Indefinite Delivery/Indefinite Quantity(IDIQ)construction contract to oversee the work; the project scope;whether there are standard specifications that can be used to design the project;the project budget; and consideration to use in-house engineers to design the project in the future. Council Member Rubio made a motion to approve the motion,seconded by Council Member Vaughn. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-112 M. PUBLIC HEARINGS: (ITEMS 23 -25) 23. Public Hearing and First Reading Ordinance - Rezoning property located at 15057 Aruba Drive City of Corpus Christi Page 11 Printed on 811112017 City Council Meeting Minutes August 8, 2017 Case No. 0617-06 Aruba Bay Resort, LLC.: A change of zoning from the "CR-1/10" Resort Commercial District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay. The property is described as being Padre Island-Corpus Christi, Section C, Lots 17 thru 20 and Padre Island-Corpus Christi, Section E, Block 1, Lots 1 and 2, located along the west side of Leeward Drive at the intersection with Aruba Drive, and north of Windward Drive. Planning Commission and Staff Recommendation (July 12, 2017): Approval of the change of zoning from the "CR-1/10" Resort Commercial District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay with specified conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Aruba Bay Resort, LLC. ("Owner"), by changing the UDC Zoning Map in reference to Padre Island-Corpus Christi, Section C, Lots 17 thru 20 and Padre Island-Corpus Christi, Section E, Block 1, Lots 1 and 2, from the "CR-1/10" Resort Commercial District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 23. Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property to allow for the construction of a planned community that will consist of 52 single-family lots, 3 common areas, and 1 commercial lot. Mr. Green presented information including: an aerial view of the subject property;the Planned Unit Development(PUD)layout; a master site plan and utility plan;a deviation table; and the zoning pattern for the development. Mr. Green stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing.There were no comments from the public. Mayor McComb closed the public hearing. Council members and staff discussed the following topics: the proposed width of the streets;fire trucks and emergency vehicles access on the streets; prohibited parking on Aruba Drive;whether the property is in a flood plain; elevation of properties;the Planning Commission's vote on the rezoning;and connectivity of sidewalk to Aruba Drive. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn City of Corpus Christi Page 12 Printed on 811112017 City Council Meeting Minutes August 8, 2017 Nay: 1 - Council Member Guajardo Abstained: 0 24. Public Hearing and First Reading Ordinance - Rezoning property located at 3701 Airline Road Case No. 0617-02 Margaret A. Markins and Linda Kay Cox: A change of zoning from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District. The property is described as being Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, located along the west side of Airline Road, north of Lipes Boulevard, and south of Saratoga Boulevard. Planning Commission and Staff Recommendation (June 28, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Margaret A. Markins and Linda Kay Cox ("Owner"), by changing the UDC Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 24. City Secretary Rebecca L. Huerta announced that Council Member Lindsey-Opel was abstaining from this item. Interim Director of Development Services Bill Green stated that the purpose of this item is to rezone the subject property to allow for the construction of a small retail center of approximately 10,000 square feet in size. Mr. Green presented the following information: an aerial view of the subject property;the zoning pattern;and the Unified Development Code requirements. Mr. Green stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing.There were no comments from the public. Mayor McComb closed the public hearing. Council members and staff discussed the following topics: the shape of the subject property; the type of business being considered for the property;the applicant requesting that the property be rezoned prior to the sale of the property; the buyer being Elaine Hoffman;the restrictions on the square footage if a restaurant is built on the property;the property being located on an arterial street;the development increasing tax revenue;and opposition to a light at Lipes Boulevard and Airline Road. During the discussion of the buyer of the property, Mayor McComb announced that he was abstaining from this item. City of Corpus Christi Page 13 Printed on 811112017 City Council Meeting Minutes August 8, 2017 Council Member Garza made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 2- Mayor McComb and Council Member Lindsey-Opel 25. Public Hearing and First Reading Ordinance -Amending the Unified Development Code to improve function and implementation Ordinance amending the Unified Development Code by revising Table 4.4.3.A "Residential Development (Two-Family and Townhouse districts)", subsection 5.2.14 "Self-Service Storage, Including Boat and RV Storage" and subsection 7.3.12.E "Tree of Palm Requirement"; and providing for severance, penalties, and publication. Mayor McComb referred to Item 25. Interim Director of Development Services Bill Green stated that the purpose of this item is to amend the Unified Development Code(UDC)with the following amendments:clarifying the townhouse lot design standards by adding the word "lot"; eliminating the building height limitation for boat and recreation vehicle storage areas in the Resort Commercial zoning districts to allow taller building that accommodate larger boats or recreational vehicles;and correcting a typo"of"to"or" regarding Tree or Palm Requirements. Mr. Green stated that the Planning Commission and staff are in favor of the UDC text amendments. Mayor McComb opened the public hearing.There were no comments from the public. Mayor McComb closed the public hearing. Council members and staff spoke regarding the following topics: landscaping restrictions and requirements;continued amendments to the UDC to make the ordinance more user-friendly;a background on the development of the UDC; future amendments related to commercial buildings;and the City enforcing the UDC requirements on City properties. Council Member Rubio made a motion to approve the Ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 L. RECESS FOR LUNCH Mayor McComb called for a recess at 1:37 p.m. Mayor McComb reconvened the Council meeting at 2:14 p.m. City of Corpus Christi Page 14 Printed on 811112017 City Council Meeting Minutes August 8, 2017 Q. BRIEFINGS: (ITEM 35) 35. Old Bayview Cemetery Mayor McComb deviated from the agenda and referred to Item 35. Karen Howden, Board Secretary for the Nueces County Historical Society, stated that the purpose of this item is to provided an update on the Old Bayview Cemetery.The Old Bayview Cemetary is approximately 4 acres and has been owned and maintained by the City of Corpus Christi for the past 165 years.The cemetary has been designated as a Historical Cultural Landmark,a Texas Historic Cemetary and State Archaeological Landmark by the Texas Historical Commission, and is eligible for the National Registry of Historic Places. The Corpus Christi Public Library has produced a website with information on the cemetery. Ms. Howden presented photos and information regarding the historical landmarks on the property including:the overview of Old Bayview Cemetery;the Explosion of the Steamship Dayton;Thomas S. Parker; Louis De Planque; John Dix; Eli Todd Merriman;and William DeRyee. Ms. Howden provided a briefing to the City Council on the individuals buried at the cemetery who served in various wars and made Corpus Christi their home. Ms. Howden emphasized that the cemetery is not segregated and has no sections. The Voices of South Texas is a walk through Old Bayview Cemetery which brings history to the community through storytellers and reenactors.This year's walk is scheduled for November 4, 2017 from 10:00 a.m.to 2:00 p.m. Ms. Howden stated that with the City's support, Old Bayview Cemetery can continue to share its story to future generations with the Voices of South Texas.The cemetery is in need of lighting,fencing, protection and preservation. Council members spoke regarding the following topics:appreciation to the Nueces County Historical Commission for their passion and commitment to the cemetery; grant opportunities to support the cemetery; consideration for the use of hotel occupancy tax(HOT)funds;and a future fundraiser by Friends of Old Bayview Cemetery. N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEM 26) 26. First Reading Ordinance - Lease Agreement for Arts Alive! Event Ordinance authorizing the City Manager or designee to execute an agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of area generally bounded by current and former N. Shoreline Blvd., between Coopers Alley and Williams Street, for the Arts Alive! Event and related activities on September 2-3 2017; September 1-2 2018; and August 31-September 1 2019. Mayor McComb deviated from the agenda and referred to Item 26.Assistant Director of Parks and Recreation Becky Perrin stated that the purpose of this item is to execute an agreement with the Arts Community Center of Corpus Christi, Inc.to allow use of the area generally bounded by current and former City of Corpus Christi Page 15 Printed on 811112017 City Council Meeting Minutes August 8, 2017 N.Shoreline Boulevard, between Coopers Alley and Williams Street,for the Arts Alive! Event and related activities on September 2-3,2017;September 1-2, 2018;and August 31-September 1,2019. There were no comments from the Council or the public. Council Member Molina made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 27 -34) Mayor McComb referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Items 29 and 30. 27. Resolution ratifying the submission of grant applications from the Homeland Security Grant Program Resolution ratifying the submission of grant applications in the amount of$98,235.59 to the Texas Office of the Governor- Homeland Security Grant Division, Homeland Security Grant Program for law enforcement terrorism prevention activities. This Resolution was recommended to the consent agenda. 28. Authorizing settlement payment for Oso Golf Course cart barn damage Motion authorizing payment to Foresight Corpus Christi Golf LLC for claim settlement of$60,250 in construction expenses for the Oso Golf Course cart barn damaged by fire on September 30, 2016. This Motion was recommended to the regular agenda. 29. Resolution authorizing the City Manager to move forward with a Bond 2018 Street Program as outlined at the July 13, 2017 Council Workshop Resolution authorizing the City Manager to move forward with a 2018 Bond Program including an Implementation Plan as outlined by City Staff at the July 13, 2017 City Council Workshop. This Resolution was recommended to the consent agenda. City of Corpus Christi Page 16 Printed on 811112017 City Council Meeting Minutes August 8, 2017 30. Resolution for sale of Certificates of Obligation to fund repair of certain streets impacted by the Harbor Bridge Relocation Project Resolution directing sale of Certificates of Obligation to fund repair of certain streets impacted by the Harbor Bridge Relocation Project in the event an alternate source of financing at a lower cost is not available. MOTION OF DIRECTION Council Member Smith made a motion directing the City Manager to consider alternate sources of lower-cost financing,seconded by Council Member Guajardo and passed (Council Member Hunter-absent). This Resolution was recommended to the regular agenda. 31. Service Agreement for On-Call Plumbing Repair Services for the Utilities Department Motion authorizing City Manager, or designee, to execute a service agreement with Javier M. Reyna dba Spring Plumbing and Construction, of Corpus Christi, Texas for plumbing repair services in accordance with Request for Bids (RFB) No. 1123 based on the lowest, responsive and responsible bid for a total amount not to exceed $39,312.50, with an estimated expenditure of$6,552.08 in FY2016-2017. The term of the agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City. This Motion was recommended to the consent agenda. 32. Service Agreement for Emergency Spill and Remediation to Protect Storm Sewer System Motion authorizing City Manager, or designee, to execute a service agreement with Horizon Environmental, of Houston, Texas for emergency spill response and remediation services in response to Request for Bid No.1036 based on the lowest, responsive, responsible bid for a total amount not to exceed $22,762.30, with an estimated expenditure of$3,793.72 in FY2016-2017, and funded by the Utilities Department-Storm Water Division. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. This Motion was recommended to the consent agenda. 33. Supply Agreement for hydrofluorosilicic acid for treatment of potable water at the O.N. Stevens Water Treatment Plant Motion authorizing the City Manager, or designee, to execute a supply agreement with Pencco, Inc. of San Felipe, Texas for the purchase of hydrofluorosilicic acid in response to Request for Bid (RFB) No. 1106 City of Corpus Christi Page 17 Printed on 811112017 City Council Meeting Minutes August 8, 2017 based on the lowest, responsive, responsible bid for a total amount not to exceed $182,250.00, with an estimated expenditure of$30,375.00 in FY2016-2017 funded by the Water Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. This Motion was recommended to the consent agenda. 34. Purchase of 18 2017 Ford Trucks for the Utilities Department Motion authorizing the City Manager, or designee, to purchase 16 2017 Ford F-150 Service Trucks from Silsbee Ford, of Silsbee, Texas, for the amount of$478,877.50 and two 2017 Ford F-550 Service Trucks from Grande Truck Center of San Antonio, Texas, for $192,598.00 based on the Local Government Purchasing Cooperative dba Buyboard, for a total amount not to exceed $671,475.50. Funds are budgeted in FY2016-17. This Motion was recommended to the consent agenda. R. LEGISLATIVE UPDATE: None. Q. BRIEFINGS: (ITEM 36) 36. Review of Type B Corporation Mayor McComb referred to Item 36. Business Liaison Alyssa Barrera stated that the purpose of this item is to provide an overview of the Type B Corporation and next steps for appointing the Board of Directors. Ms. Barrera presented the following information: an overview of the Type A and Type B Sales Tax local economic development toolbox;a graph illustrating the top 10 Texas'largest cities use of local sales tax;a timeline of the Corpus Christi sales tax;a comparison of Type A versus Type B membership; the 2016 voter-approved Type B ballot;frequently asked questions; the public hearing requirements for 4B projects;steps to creating the corporation;and next steps.A draft of the Certificate of Formation and bylaws was provided in the packet. City Secretary Rebecca L. Huerta proposed the following schedule for appointment of the Board of Directors:Wednesday,August 9,2017 -send out a press release advertising the vacancy of 7 members;August 9 -23,2017- accept applications;August 24-28, 2017-provide the City Council with the board packet for consideration;August 29,2017- City Council would make appointments to the Corporation;and September 12,2017 -the ceremonial swearing-in would be conducted during the City Council meeting. Council members and staff discussed the following topics: the status of the Type A Board;formation of the Type B Board;consideration to have council members serve as members on the Board;the administrative costs for service of City staff and officers;the reason Type A Board members cannot serve on City of Corpus Christi Page 18 Printed on 811112017 City Council Meeting Minutes August 8, 2017 the Type B Board; and the Council policy prohibiting individuals from servicing on more than one board. MOTION OF DIRECTION Council Member Lindsey-Opel made a motion directing the City Secretary to delay the public advertisement by two weeks and to bring back an item to discuss the council policies and composition of the Type Board,to include the 5 members from the Type A Board and and 2 council members,seconded by Council Member Garza and passed unanimously. S. EXECUTIVE SESSION: (ITEMS 37 -39) Mayor McComb referred to the day's executive sessions.The Council went into executive session at 3:20 p.m. The Council returned from executive session at 5:36 p.m. 37. 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 the City's professional service management agreement for the Corpus Christi Museum of Science and History. Mayor McComb referred to Item 37 and the following motion was considered: Motion to authorize the City Manager or designee to execute a one-month extension to the Professional Services Management Agreement for the Corpus Christi Museum of Science and History with CCMJV, LLC to allow for negotiation of a future agreement. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Smith.This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-118 38. 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 disposal of waste in Type IV Landfill (as described in 30 TAC § 330.5) located at/near 1435 County Road 26 (also known as Gulley-Hurst Landfill) and municipal solid waste fees. This E-Session Item was discussed in executive session. 39. 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 the right to City of Corpus Christi Page 19 Printed on 811112017 City Council Meeting Minutes August 8, 2017 remove and/or appoint members to the Board of Directors of the Corpus Christi Crime Control and Prevention District and the Corpus Christi Regional Economic Development Corporation and Article II of the City Charter, Section 2-311 of the City Code, restrictions on actions that may be taken by governmental entities against their employees pursuant to 42 USC 1983, 1 st, 5th, & 14th Amendments to the U.S. Constitution, related federal laws, City charter provisions, ordinances, and state laws and Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officer(s) (Directors of the Corpus Christi Crime Control and Prevention District) or to hear a complaint or a charge against public officer(s) (Directors of the Corpus Christi Crime Control and Prevention District). This E-Session Item was discussed in executive session. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. MOTION OF DIRECTION Council Member Smith made a motion directing the City Manager to bring back a briefing regarding the proposed convention center expansion and hotel for future discussion, seconded by Council Member Hunter and passed unanimously. U. ADJOURNMENT The meeting was adjourned at 5:45 p.m. City of Corpus Christi Page 20 Printed on 811112017 Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 O forward.cctexas.com Meeting Minutes City Council Workshop Session Tuesday,August 8,2017 9:00 AM Council Chambers Public Notice -- ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. COUNCIL MAY GIVE DIRECTION TO THE CITY MANAGER, BUT NO OTHER ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE TRAINING ROOM DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 9:03 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. Present 9- Mayor Joe McComb, Council Member Rudy Garza, Council Member Paulette Guajardo, Council Member Michael Hunter, Council Member Debbie Lindsey-Opel, Council Member Ben Molina, Council Member Lucy Rubio, Council Member Greg Smith, and Council Member Carolyn Vaughn Council Member Hunter arrived at 9:07 a.m. C. BRIEFINGS TO CITY COUNCIL: 1. Proposed FY 2017 -2018 Budget Workshop -General Fund and Internal Service Funds Mayor McComb referred to Item 1. City Manager Margie C. Rose provided opening remarks regarding the proposed FY 2017-2018 budget workshop covering the General and Internal Services Funds. Director of Budget and Strategic Management Eddie Houlihan presented information on the following topics related to the General Fund: mission; number of employees; revenue/general resources;total expenditures; projected change in the fund balance;and FY 2018 decision packages. In response to questions from council members, Mr. Houlihan discussed the following topics: time line for completion of natatorium renovations; ownership of the natatorium;communications and planning relating to contractual expenditures related to the natatorium and other projects;that the City of Corpus Christi Page 1 Printed on 811112017 City Council Workshop Session Meeting Minutes August 8, 2017 natatorium's hours of operation are shared between Corpus Christi Independent School District and the City;that the cost of living adjustment, programmed into the FY 2018 General Fund for Police and Fire,are the result of contractual obligations set out in their collective bargaining agreements with the City; the sources of funding for the cost of living adjustment for Police and Fire; using the funding set aside for the cost of living adjustment for Police and Fire for other priorities;the listing of contractual obligations as decision packages;what decision the city council is being asked to make when items are contractual obligations;the financial unsustainability of monies dedicated to public safety; the need for Police and Fire to"come to the table" to address their fiscally unsustainable collective bargaining agreements. Mr. Houlihan presented an overview and the order of departmental presentations. Chief of Police Mike Markel (including Animal Control and Code Enforcement), Fire Chief Robert Rocha, Director of Solid Waste Lawrence Mikolajczyk, Director of Parks and Recreation Jay Ellington,and Director of Court Administration Gilbert Hernandez each presented the following information for their respective departments: mission and mission elements; key services and related full-time equivalencies(FTEs);efficiencies achieved in FY 2017 and planned in FY 2018; number of employees;total revenues; and expenditures. Following the Code Enforcement portion of Chief Markel's presentation,the following items were discussed in response to questions from council members:the status of programs funded by the Crime Control and Prevention District;funding for additional Police officers;and the impact of Internal Service allocations. Following Chief Rocha's presentation, the following items were discussed in response to questions from council members: consideration to give the Fire Department some EMS revenues; moving resources from within the Fire Department to staff Fire Station 18; history of staffing plans for Fire Station 18; the desire to staff Fire Station 18;that construction of Fire Station 18 should be completed by about November of 2017; Fire Department staffing levels; the decisions for which city council is responsible;funding of drag-up pay for Fire personnel;and a request from certain council members that Chief Rocha provide the city council with a map showing response times for each fire station in the City, depicted as circles surrounding each fire station. Following Mr. Mikolajczyk's presentation,the following items were discussed in response to questions from council members: the frequency and location of street sweeping;the remaining life of the landfill; that landfill life is calculated by volume;the current and historical frequency of bulky trash pickup;and the reason the Solid Waste Department's debt service is being paid from the Debt Service Fund versus from the General Fund. Following Mr. Ellington's presentation,the following items were discussed in response to questions from council members: the number of FTEs dedicated to drainage mowing;the duties and staffing levels of Park Operations;the importance of making the bayfront more beautiful;the adopt-a-park program; and the amount of General and Operating Fund revenue necessary to support the proposed expenditures. City of Corpus Christi Page 2 Printed on 811112017 City Council Workshop Session Meeting Minutes August 8, 2017 Following Mr. Hernandez' presentation,the following items were discussed in response to questions from council members: the need to modernize and streamline the customer queueing process at Municipal Court; the number of clerks planned for warrant production;computers in city marshals'vehicles; the use of walk-through metal detectors; Special Revenue Fund sources and uses; records retention;collection of fines; payment plans and related fees; court costs set by the state and fines set by a judge,and the percentage of each that goes to the State of Texas/are retained by the City;a council member asked for a review of fees assessed by municipal court judges; utilizing community service in lieu of fines;and the efficiency with which customer calls are answered. D. ADJOURNMENT The meeting was adjourned at 11:13 a.m. City of Corpus Christi Page 3 Printed on 811112017 mus c.� AGENDA MEMORANDUM Future item for the City Council Meeting of August 8, 2017 NORPOPP�EAction item for the Cit Council Meeting of August 15, 2017 1852 Y 9 9 DATE: July 19, 2017 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Ratifying Submission of Grant Application to the 2016 Homeland Security Grant Program (HSGP) in the Amount of$98,235.59 CAPTION: Resolution ratifying the submission of grant applications in the amount of$98,235.59 to the Texas Office of the Governor — Homeland Security Grant Division, Homeland Security Grant Program for law enforcement terrorism prevention activities. PURPOSE: The Texas Office of the Governor— Homeland Security Grants Division has informed the City of Corpus Christi that our jurisdiction has been awarded three (3) grants totaling $98,235.59 from the Homeland Security Grant Program (HSGP) for Law Enforcement Terrorism Prevention Activities (LETPA). The purpose of the grants is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. A need analysis was conducted and specialized equipment was identified before applying for the grants. When the special equipment is purchased it will be distributed to the appropriate departments. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of resolution to accept and appropriate grant funds. EMERGENCY/ NON-EMERGENCY: Staff is requesting a non-emergency reading to this routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance—Grants and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $98,235.59 $98,235.59 BALANCE $98,235.59 $98,235.59 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this resolution to ratify the submission of a grant application in the amount of$98,235.59 for the purchase of special terrorism prevention equipment. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Ratifying the submission of grant applications in the amount of $98,235.59 to the Texas Office of the Governor— Homeland Security Grant Division, Homeland Security Grant Program for law enforcement terrorism prevention activities. WHEREAS, the City of Corpus Christi finds it in the best interest of the citizens of Corpus Christi, that the Man-Portable X-ray Units, Swiftwater Rescue Training and Equipment, and Grid Aim System projects be operated for the year 2017; WHEREAS, the City of Corpus Christi agrees not to provide applicable matching funds for the said projects as matching funds are not required by the Homeland Security Grant Program grant application; WHEREAS, the City of Corpus Christi agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Governor in full; and WHEREAS, the City of Corpus Christi designates the City Manager's designee, the Deputy Fire Chief, as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council ratifies submission of Grant Number 2966302 for Man- Portable X-ray Units, Grant Number 3142601 for Swiftwater Rescue Training and Equipment, and Grant Number 3133801 for Grid Aim System, totaling $98,235.59, to the Texas Office of the Governor— Homeland Security Grant Division, Homeland Security Grant Program for law enforcement terrorism prevention activities. Grant Number 2966302 Man-Portable X-ray Units Grant Number 3142601 Swiftwater Rescue Training and Equipment Grant Number 3133801 Grid Aim System SECTION 2. The City Manager's designee, the Deputy Fire Chief, as the grantee's authorized official, may apply for, accept, reject, alter or terminate the grant. Page 1 of 2 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 SC U NCOHP00.PE 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 8, 2017 Action Item for the City Council Meeting of August 15, 2017 DATE: August 3, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager M arkVV(a)cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director of Street Operations AndyL(a)cctexas.com (361) 826-1957 Resolution authorizing moving forward with a Bond 2018 Program CAPTION: Resolution authorizing the City Manager to move forward with a 2018 Bond Program including an Implementation Plan as outlined by City Staff at the July 13, 2017 City Council Workshop. PURPOSE: The purpose of this Agenda Item is to obtain authorization to move forward with a Bond 2018 package as presented to Council during its July 13, 2017 Workshop. BACKGROUND AND FINDINGS: During the April 14, 2015 City Council Meeting presentation on Residential / Local Street Reconstruction funding, Council directed the City Manager to hold a Bond Election in 2018 in the amount of$110 Million. Over the past several months (May through July), Council was presented a list of projects and an implementation plan for a proposed Bond 2018. The recommended implementation plan included preparing Preliminary Feasibility Studies to obtain better 1 scopes and project estimates prior to the Referendum. The anticipated cost of these studies is estimated to be $2 Million. In May 2012, Council passed a Resolution (see attachment) which committed "necessary funding of any remaining Bond 2008 —Street proceeds" to fund three additional street project. The Airline intersection is being done as part of the Bond 2014, Proposition 2 Rodd Field Road Expansion Project. The Yorktown Road Extension was performed as a Bond 2012, Proposition 1 project and is complete. In early 2016 the PR 22 Project design engineer's opinion of probable construction costs was estimated to be approximately $11 Million. The amount of funds available for the PR 22 Project in Bond 2004 was close to $1.2 Million. A reconciliation of Bond 2008 projects performed at that time yielded approximately $5.9 Million in funds available for the PR 22 Project. The balance of funds needed were to be provided by the Tax Increment Reinvestment Zone#2 (TIRZ#2). In early 2017, following the completion of several projects, a second reconciliation of Bond 2008 projects identified an additional $2.5 Million in available funds. Staff recommends that the $2 Million necessary for the Preliminary Feasibility Studies for Bond 2018 come from this additional available Bond 2008 money. The implementation plan also included obtaining stakeholder input to further define and prioritize certain projects, and pre-designing projects prior to the 2018 Referendum. Three projects would be designed to "shovel ready" to facilitate beginning construction shortly after passage of the Referendum. Additionally, six projects would be pre-designed to 60% with construction starting early in 2018. The estimated cost of the pre-design work is approximately $ 5 Million. On March 15, 2017 bids were opened for construction of the PR 22 Project. Since then, problems have arisen for the developer of the adjacent related private development. The PR 22 Project bids expire on September 11, 2017. With no indication of a resolution of the developer's problems in sight, staff recommends that the bids be allowed to expire and the project be re-bid when it is apparent the development will proceed. This may allow for some of the Bond 2008 available funds to be used for the Bond 2018 pre-design work. However, staff will evaluate Bond 2012 and 2014 Programs in the September timeframe to determine if the $5 Million is available from these Bond packages. During the June 1St Workshop, Council directed staff to return with a revised Bond 2018 package with the following criteria: 1. Proposition 1 -$52 million including improvements to North Beach related to the new Harbor Bridge and no increase in ad valorem taxes 2. Proposition 2 —additional street projects to be funded by a one-cent increase in ad valorem taxes 3. Proposition 3— projects to be funded by another one-cent increase in ad valorem taxes The revised Bond 2018 package was presented at a July 13, 2017 Workshop: Proposition Description # Projects Budget 1 Streets 23 $ 52.0 M 2 Additional Streets 13 22.0 M 3 Public Safety & Facilities 13 22.0 M TOTAL BOND 49 $ 96.0 M The proposed implementation plan was also revised to include addressing streets impacted by, but not included in, the Harbor Bridge Replacement Project (HBRP): Four streets were identified and discussed during a HBRP presentation earlier in the Workshop. Following discussion of the projects, Council directed staff to move forward with a Bond 2018 package as presented at the July 13, 2017 Workshop. 2 ALTERNATIVES: 1. Do not approve the Resolution (Not recommended). 2. Approve an amended Resolution (Not recommended). OTHER CONSIDERATIONS: Approval of this Resolution is needed to move forward with the feasibility studies early enough to meets deadlines for a November 2018 Bond election. CONFORMITY TO CITY POLICY: This item adheres to all City policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Engineering Services and Street Operations Departments FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: (None). RECOMMENDATION: City staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution 029485—Additional funding from Bond 2008 Resolution Regarding Bond 2018 Summary of Proposed Bond 2018 Projects List of City Streets for Proposed Bond 2018 3 Resolution authorizing the City Manager to move forward with a 2018 Bond Program including an Implementation Plan as outlined by City Staff at the July 13, 2017 City Council Workshop WHEREAS, over the last three months (May 4, 2017, June 1, 2017 and July 13, 2017), City staff has presented the City Council with various projects to be included in a proposed 2018 Bond Program; and WHEREAS, at the conclusion of the July 13, 2017 City Council Workshop, the City Council directed the City Manager to move forward with the 2018 Bond Program as presented to City Council with three propositions in the aggregate amount of Ninety-Six Million and No/100 Dollars ($96,000,000.00) as set out below: Proposition 1 Streets—23 Projects $ 52 Million Proposition 2 Additional Streets — 13 Projects $ 22 Million Proposition 3 Public Safety & Facilities $ 22 Million Total $ 96 Million WHEREAS, at the July 13, 2017 Workshop, the City Council directed the City Manager to move forward with the Implementation Plan outlined by staff during the Workshop which includes the following steps: • Prepare Preliminary Feasibility Reports to refine project costs and scope of work for 2018 Bond Program Projects; • Use funding from the 2008 Bond Package, Proposition 1 to fund the estimated $2,000,000 cost for the Preliminary Feasibility Reports; • Obtain stakeholder input to help define scope of work and priorities for certain proposed projects; • Predesign projects to expedite project implementation pending a successful 2018 Bond Referendum, specifically getting three (3) projects to "shovel ready" and six (6) projects to approximately 60% design. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Resolution are hereby approved and adopted. SECTION 2. The City Council hereby directs and authorizes the City Manager to move forward with a 2018 Bond Program and Implementation Plan as described herein and as discussed at the July 13, 2017 City Council Workshop. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of 12017 The above resolution was passed by the following vote: Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Resolution supporting the use and commitment of necessary funding of any Remaining Bond 2008 —Street Proceeds to fund additional projects requested by the City Council. WHEREAS, there may be funds remaining from the Bond 2008 Street Proceeds after the authorized street projects have been completed; WHEREAS, City Council requests the necessary funding of any remaining Bond 2008 — Street Proceeds be used to provide the necessary funding for additional projects requested by Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council supports the use and commitment of necessary funding of any Remaining Bond 2008 — Street Proceeds to fund the following additional street projects numbered in order of priority: (1) Park Road 22 Bridge Project; (2) Airline Intersection at Yorktown and Rodd Field Road; and (3) Yorktown Road Extension from Cimarron to Rodd Field Road. ATTEST: THE CITY OF CORPUS CHRISTI i Armando Chapa Joe Acid me City Secretary Mayor 042412 reso supporting use&commitment of necessary funding remaining bond 2008—street proceeds v.2— vo approval ' �' 5� INDEXED Corpus Christi, Texas �r of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. } Priscilla G. Leal �wr� David Loeb 0 John E. Marez Nelda Martinez j Mark Scott OW 042412 reso supporting use&commitment of necessary funding remaining bond 2008—street proceeds v,2— vo approval 029, 4 85 PROPOSED BOND 2018 PROJECTS DRAFT PROPOSITION 1 -STREETS # STREETS(ARTERIAL AND COLLECTORS) LIMITS DISTRICT COST CUMULATIVE DISTRICT 1 1 LEOPARD ST PALM DR NUECES BAY BLVD 1 $ 3,100,000 2 CALALLEN DR RED BIRD LN BURNING TREE LN 1 $ 1,100,000 3 CALLICOATTE RD UP RIVER RD IH 37 1 $ 900,000 4 BEACH AVE DEAD END ATGULFBREEZE ECAUSEWAY BLVD 1 $ 800,000 5 NORTH BEACH ACCESS MGMNT INITIATIVE LIMITS(TBD-pending ongoing study) 1 $ 2,000,000 $ 7,900,000 $ 7,900,000 DISTRICT 5 SSTAPLES ST KOSTORYZ RD BALDWIN BLVD 2 $ 6,500,000 6 BRAWNER PKWY KOSTORYZ RD CARROLL LN 2 $ 3,000,000 7 SWANTNER DR TEXAN TR INDIANAAVE 2 $ 2,500,000 $ 12,000,000 $ 19,900,000 DISTRICT 3 9 EVERHART RD S PADRE ISLAND DR HOLLY RD 3 $ 5,300,000 10 GOLLIHAR RD CROSSTOWN EXPWY GREENWOOD DR 3 $ 3,750,000 11 FRIO ST/DORADO ST/HACALA CORRIDOR GREENWOOD DR MARTIN ST 3 $ 1,600,000 $ 10,650,000 $ 30,550,000 DISTRICT 4 12 LAGUNA SHORES RD S PADRE ISLAND DR GRAHAM RD 4 $ 2,100,000 13 LAGUNA SHORES RD HUSTLIN'HORNET DR CARIBBEAN DR 4 $ 2,800,000 14 HOLLY RD PAUL JONES AVE RODD FIELD RD 4 $ 3,000,000 $ 7,900,000 $ 38,450,000 DISTRICT 5 15 SLOUGH RD RODD FIELD RD EAST TO DEAD END 5 $ 2,100,000 16 LIPES BLVD YORKTOWN BLVD STAPLES ST 5 $ 2,900,000 17 WOOLDRIDGE RD CASCADE DR EVERHART RD 5 $ 1,700,000 18 STRASBOURG DR RIOM ST MARSEILLE DR 5 $ 1,500,000 $ 8,200,000 $ 46,650,000 CITYWIDE ONGOING PROJECTS 19 TXDOT PARTIC I PATIO N/TRAF FI C CONGESTION MGMNT $ 1,250,000 20 TRAFFIC SIGNAL IMPROVEMENTS $ 1,000,000 21 STREET LIGHTING IMPROVEMENTS $ 500,000 22 ALTERNATIVE MOBILITY(CITY MATCH) $ 250,000 23 ADA IMPROVEMENTS(SPMP) $ 2,350,000 $ 5,350,000 $ 52,000,000 PROPOSITION 1 TOTAL $ 52,000,000 PROPOSITION 2-ADDITIONAL STREETS # STREETS(ARTERIALAND COLLECTORS) LIMITS DISTRICT COST CUMULATIVE DISTRICT 1 1 DOWNTOWN MGMNT DISTRICT IMPROVEMENTS TBD-Ongoing TIRZ No.3 study 1 $ 1,500,000 2 LEXINGTON BLVD LEOPARD ST HOPKINS 1 $ 2,500,000 $ 4,000,000 $ 4,000,000 DISTRICT 2 3 EVERHART RD S PADRE ISLAND DR McARDLE RD 2 $ 1,250,000 4 ALAMEDA ST CHAMBERLAIN ST LOUISIANA ST 2 $ 2,500,000 $ 3,750,000 $ 7,750,000 DISTRICT 3 5 MC ARDLE KOSTORYZ CARROLLANE 3 $ 1,225,000 6 CASTENON TROJAN DR DELGADO 3 $ 1,000,000 7 JUNIOR BECK BEAR LANE DEAD END 3 $ 1,500,000 $ 3,725,000 $ 11,475,000 DISTRICT 4 8 PADRE ISLAND ACCESS MGMNT INITIATIVES TBD-Ongoing MPO/City Accss Mgt Study 4 $ 1,500,000 9 AIRLINE RD S PADRE ISLAND DR McARDLE DR 4 $ 2,100,000 10 LAGUNA SHORES MEDITERRANEAN DR WYNDALE ST 4 $ 2,875,000 $ 6,475,000 $ 17,950,000 DISTRICT 5 11 SOUTH OSO PKWY S STAPLES ST S OSO PKWY 5 $ 450,000 12 LONGMEADOW DR ST ANDREWS DR HUNTDR 5 $ 1,600,000 $ 2,050,000 $ 20,000,000 ALL DISTRICTS 13 DEVELOPER PARTICIPATION All $ 2,000,000 $ 2,000,000 $ 22,000,000 PROPOSITION 2 TOTAL $ 22,000,000 PROPOSITION 3-PUBLIC SAFETY&FACILITIES 1 POLICE DEPT COMMUNICATION SYSTEM UPGRADE $ 2,400,000 2 FLOUR BLUFF POLICE SUBSTATION ALTERATIONS/EXPANSION $ 800,000 3 FIRE DEPARTMENT EMERGENCY POWER UPGRADES $ 300,000 4 FIRE DEPARTMENT DRIVEWAYAND APPARATUS BAY IMPROVEMENTS $ 900,000 $ 4,400,000 5 PARKING RENOVATIONS AND UPGRADES $ 2,000,000 6 MECHANICAL,ELECTRICAL AND FIRE ALARM UPGRADE PROJECTS $ 4,100,000 7 ROOF REPLACEMENT AND UPGRADE PROJECTS $ 4,950,000 8 ADA BUILDING IMPROVEMENTS PROJECT $ 750,000 9 ELEVATOR MODERNIZATION AND UPGRADES $ 1,500,000 10 INTERIOR/EXTERIOR UPGRADES $ 1,800,000 $ 15,100,000 11 PARKS&RECREATION AND SENIOR CENTER PARTICIPATION PROJECT $ 750,000 12 PARK SYSTEM PLAYGROUND IMPROVEMENT PROJECTS $ 750,000 13 SPORTS FIELD AND LIGHTING SYSTEM IMPROVEMENTS PROJECTS $ 1,000,000 $ 2,500,000 $ 22,000,000 PROPOSITION 3 TOTAL $ 22,000,000 * Street projects do not include utility costs(typically 1:1 match). Grand Total $ 96,000,000 .mUS c� flGo � � INFORMAL STAFF REPORT l�40gPs 0.At4� 1852 MEMORANDUM To: Margie C. Rose, City Manager �- Thru: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works From: Jeffrey Edmonds, P.E., Director of Capital Programs- Date: August 9, 2017 Subject: CITY COUNCIL ACTION REQUEST (CCAR) RESPONSE — 08/08/17 List of Streets for Proposed Bond 2018 ISSUE: At the August 8, 2017 Council meeting, Councilmember Rubio asked for a copy of the latest list of streets for the proposed Bond 2018. BACKGROUND & FINDINGS: A Resolution directing the City Manager to move forward with a 2018 Bond Program as outlined by City staff at the July 13, 2017 City Council Workshop was presented to Council on August 8, 2017, During the discussion, Councilmember Rubio requested a copy of the latest list of streets proposed for the Bond package. NEXT STEPS: Attached is the list of proposed Bond 2018 projects presented to Council during the July 13, 2017 Council Workshop. There have been no changes to the list since the Workshop. The list will also be added to the Legistar agenda item. PROPOSED BOND 2018 PROJECTS DRAFT PROPOSITION 1 -STREETS R S I REEFS(ARTERIAL AND COLLECTORS) LIMITS DISTRICT COST CUMULATIVE DI$TRIC-T 1 1 LEOPARDST PALM DR NUEC£5BAY BLVD 1 S 3,100.000 2 CALALREN OR RED BIRD LN BURNING TREE LN 1 S 1,100,000 3 CALUCOATTE RO UP RIVER RD IH 37 1 $ 900.000 4 BEACH AVE DEAD END AT GULFBREEZE E CAUSEWAY BLVD 1 S 800,D00 5 NORTH BEACH ACCESS MGMII INITIATIVE LIMITS(TBD-pen&ng ongoing study) 1 $ 2,00G.000 5 7.900.000 S 7.900,000 DISTRICT2 5 S STAPLES ST KOSTORYZ RD BALDWIN BLVD 2 $ 6,500,000 6 BRAWNER PKWY KOSFORYZ RD CARROLL LN 2 5 3,000,000 7 SWANT14ER DR TEXAN TR IND IANA AVE 2 S 2.500,00o S 12,OOD.DDD S 19,900,DD0 DISTRICT 3 9 EVERHART RD 5 PADRE ISLAND DR HOLLY RD 3 5 5,300,000 10 GOLLIHAR RD CROSSTOWN EKPWY GREENWOOD DR 3 5 3,750,000 It FRIO ST/DORADO ST/HACAIA CORRIDOR GREENWOOD OR MARTIN ST 3 5 1.600,000 5 10,650,000 5 30,550,000 DISTRICT _ 12 LAGUNA SHORES RD 5PADRE ISLAND OR GRAHAM RD 4 5 2,100,WO 13 LAGUNA SHORES RD HUSrl-IN'HORNET DR CARIBBEAN DR 4 5 2,800,000 14 HOLLY RD PAUL JONES AVE ROD FIEW RD 4 S 3.000,000 5 7,900.D00 5 38.450,000 DISTRICTS 15 SLOUGH RD ROOD FIELD RD EAST TO DEAD END 5 5 2.100,000 16 LIPES BLVD YORKTOWN BLVD STAPLES 57 5 5 2,900,000 17 WOOLDRIDGE RD CASCADE OR EVERHART RD S $ 1,100,000 18 STRASBOURG DR RIOM ST MARSEILLE DR 5 5 1,500,000 S 8200.000 5 46.650,000 CITTWIDE ONGOING PROJECTS 19 TXDOT PARTICIPATION/TRAFFIC CONGESTION MGM NT $ 1,250,000 20 TRAFFIC SIGNAL IMPROVEMENTS 5 1,000,000 21 STREET LIGHTING IMPROVEMENTS 5 500,000 22 ALTERNATIVE MOBILITY(CITY MATCH) S 2SOI 23 ADA IM PROVEMENTS ISPMP) 5 2,350,000 $ 5,350,000 S 52.000,000 PROPOSITION I TOTAL $ 52 000,000 ' PROPOSITION 2-ADDITIONAL STREETS p STREETS{ARTERIAL AND COLLECTORS) LIMITS DISTRICT COST I CUMULATIVE DISTRICT 1 1 DOWNTOWN MGMNT DISTRICT IMPROVEMENTS - TBD-Ongoing TIRZ No.3 study 1 S 1,500.000 2 LEXINGTON BLVD LEOPARD ST HOPKINS 1 S 2,500,000 $ 4,000.000 $ 4,b00.000 DISTRICT 2 3 EVERHART RD 5 PADRE ISLAND DR MCARDLE RD 2 5 1,750,000 d ALAMEDA ST CHAMBERLAIN ST LOUISIANA ST _ 5 2.500.000 5 3.750.000 S 7.750.000 DISTRICT 5 MC ARDLE KOSTORYZ CARROL LANE 3 5 1,225,000 6 CASTENON TROJAN DR DELGADO 3 5 1.000.000 7 JUNIOR BECK BEAR LANE DEAD END 3 5 1,500,000 $ 3,725,000 S 11.475,000 DISTRICT4 8 PADRE ISLAND ACCESS MGMNT INITIATIVES TBD-Ongoing MPO/CRy Accss Mgt 514dy 4 5 1,500,000 9 AIRLINE RD S PADRE ISLAND DR MCARDLE DR 4 S 2,100,000 10 LAGUNA SHORES MEDITERRANEAN DR WYNDALE ST 4 5 2,875,000 _ S 6,475,000 $ 17,950.000 DISTRICTS 11 SOUTH 050 PKWY S STAPLES ST 5 OSO PKWY S 5 450,000 12 LONGMEADOW DR STANDREWS DR HUNT DR 5 S 160U,00U S 7,050,DDD $ 20.000.000 ALL DISTRICTS 13 DEVELOPER PARTICIPATION All S 2,000,000 5 2,000,000 S 22,000,000 PROPOSITION 2 TOTAL $ 22000.000 PROPOSITION 3-PUBLIC SAFETY&FACILITIES 1 POLICE DEPT COMMUNICATION SYSTEM UPGRADE 5 2,400,000 2 FLOUR BLUFF POLICE SUBSTATION ALTERATIONS/EXPANSION 5 800.000 3 FIRE DEPARTMENT EMERGENCY POWER UPGRADES $ 300,000 4 FIRE DEPARTMENT DRIVEWAY AND APPARATUS BAY IMPROVEMENTS 5 900,000 S 4,400,000 5 PARKING RENOVATIONS AND UPGRADES $ 2,000,000 6 MECHANICAL,ELECTRICAL AND FIRE ALARM UPGRADE PRU1fCTS 5 4,100,000 7 ROOF REPLACEMENT AND UPGRADE PROJECTS S 4,950,000 8 ADA BUILDING IMPROVEMENTS PROJECT $ 750,000 9 ELEVATOR MODERNIZATION AND UPGRADES $ 1,500,000 10 INTERIOR/EXTERIOR UPGRADES $ 1,800,000 $ 15,100,000 11 PARKS&RECREATION AND SENIOR CENTER PARTICIPATION PROJECT $ 750,000 12 PARK SYSTEM PLAYGROUND IMPROVEMENT PROJECTS $ 750,000 13 SPORTS FIELD AND LIGHTING SYSTEM IMPROVEMENTS PROJECTS S 1,000000 5 2,500,000 $ 22.000,D00 PROPOSITION 3 TOTAL 5 zz.D0o,000 Street Projects do not include utility costs(typically 1:1 match). Grand Tota I $ 4fi3O�0,00D SC o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 8, 2017 NORPOPP�EAction Item for the Cit Council Meeting of August 15, 2017 1852 Y 9 9 DATE: August 8, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Executive Director of Utilities Dane _cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 _cctexas.com (361) 826-3169 Plumbing Repair Services for the Utilities Department CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with Javier M. Reyna dba Spring Plumbing and Construction, of Corpus Christi, Texas for plumbing repair services in accordance with Request for Bids (RFB) No. 1123 based on the lowest, responsive and responsible bid for a total amount not to exceed $39,312.50, with an estimated expenditure of $6,552.08 in FY2016-2017. The term of the agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: The purpose of this agreement is to provide on-call plumbing repair services for the Utilities Department. BACKGROUND AND FINDINGS: In the daily operations of emergency repairs and line location, City staff can unintentionally break a customer's gas, water, irrigation, or wastewater service lines. To maintain optimum customer service, damage to the customer's line must be repaired by a licensed plumber that can complete the repair in a timely manner and provide a warranty for workmanship. Plumbing repair services will be provided throughout the City, as requested by the Utilities Department. The contractor is to provide specified services during regular business hours, as well as after hours for emergency work, including nights, weekends and holidays, on an as needed basis. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received one responsive, responsible bid, out of 166 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, Spring Plumbing and Construction of Corpus Christi, Texas. ALTERNATIVES: None 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 DEPARTMENTALCLEARANCES: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $369,070.36 $32,760.42 $401,830.78 Encumbered / Expended Amount $189,405.07 $0.00 $189,405.07 This item $6,552.08 $32,760.42 $39,312.50 BALANCE $173,113.21 $0.00 $173,113.21 Fund(s): Utilities Fund Comments: The initial contract term total is $39,312.50, of which $6,552.08 is funded in FY2016-17. The total estimated contract value will be $117,937.50 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION RFB 1123 PURCHASING DIVISION PLUMBING REPAIR SERVICES FOR UTILITIES DEPT. BUYER:Cynthia Perez Javier M.Reyna dba Spring Plumbing Corpus Christi,TX Unit Extended Item Description Qty. Unit Markup Price Price 1 Parts/Materials Markup $5,000 EA 40% $2,000.00 $7,000.00 2 Labor/Plumber -Normal Working Hours 225 HRS n/a $88.00 $19,800.00 3 Labor/Plumber-After Hours and Holidays 50 HRS n/a $132.00 $6,600.00 4 Labor/Helper-Normal Working Hours 100 HRS n/a $43.00 $4,300.00 5 Labor/Helper-After Hours and Holidays 25 HRS n/a $64.50 $1,612.50 TOTAL: $39,312.50 SC G� Off' H v SERVICE AGREEMENT NO. 1123 NQRPORAI' 1852 Plumbing Repair Services for Utilities Department THIS Plumbing Repair Services for Utilities Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Javier M. Reyna dba Spring Plumbing and Construction ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Plumbing Repair Services for Utilities Department in response to Request for Bid/Proposal No. 1 123 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Plumbing Repair Services for Utilities Department ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional 12-month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then-current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $39,312.50, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Page 1 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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. The City's Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Phone: (361 ) 826-1649 Email: joannam@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, 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 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Page 2 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Page 3 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. 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, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contract Administrator Address: 2726 Holly Rd. Corpus Christi, Texas 78415 Fax: (361 )826-1715 IF TO CONTRACTOR: Spring Plumbing Attn: Javier M. Reyna Owner/Master Plumber 5566 Ayers St., Ste. #71 , Corpus Christi, Texas 78415 Fax: N/A City of Corpus Christi Page 4 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 17. CONTRACTOR AGREES TO 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 WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, 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 AGREEEMENT 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. 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 SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of 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, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Page 5 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor 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 had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1 ) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Page 6 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 7 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 CONTAACTO�q Signature: Printed Nael C�`/��(: M:�� 1CA, Title: 5 leu t�1h��r Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty-Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1 123 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Ctilisti Page 8 of 8 Service Agreement Standard Form Approved as to Legal Form 711116 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide Plumbing, Emergency Plumbing, and Gas maintenance and repairs city wide on an as needed basis. Maintenance and repair is defined as work that involves the mending of a broken system, component(s), or sub-component(s) to include: plumbing drain line cleaning,water service lines, main sewer lines, back-flow prevention devices, etc. Specific work requirements will be identified in each work order as deemed necessary and approved by the City. 1.2 Scope of work A. Service Requirements: a. The Contractor shall be able to perform specified services during regular business hours from 8:00 am to 5:00 pm, as well as after hours for emergency work, including nights, weekends, and holidays on an as needed basis. b. The Contractor shall receive work order requests in writing, email, or fax, and shall respond to request within 30 minutes. c. The Contractor shall be on site within two (2) hours after request for regular service and within one (1 ) hour of an emergency request for service. The City reserves the right to determine when a job is considered an emergency. The City reserves the right to use another contractor or any means of accomplishing the work if the Contractor response times are non-compliant. d. The Contractor shall furnish all labor, supervision, tools, materials, and specialized equipment to perform the work. e. For work the City deems to be "emergency," the Contractor shall repair or mitigate all plumbing and gas deficiencies before leaving the job site, up to and including any new deficiencies that may arise at the site. The City must approve any mitigated work. For work the City deems to be "non-emergency", additional time to complete the repair may be approved, subject to the City's discretion. f. Repairs shall include any and all plumbing issues that may arise. g. The Contractor shall have a clean-up operation in effect at all times. h. The Contractor shall have a sufficient number of licensed plumbers with helpers to fulfill work requirements. L The Contractor shall be responsible for any damages to our property. All damages must be reported, and repaired or replaced by the Contractor at no cost to the City. j. The Contractor shall have back flow testing capabilities. k. The Contractor shall have the ability to detect gas leaks. I. When Contractor considers the work to be complete, the Contractor shall notify the City Representative. B. The Contractor shall accept work orders from the following authorized personnel: a. Superintendent b. Utilities Foreman c. Supervisor C. All parts used for any repair shall be new and unused. D. Contractor shall provide a quote for major repairs, defined as exceeding $1 ,000.00. All quotes shall include labor and parts, with allowable markup in accordance with the pricing schedule in the contract. E. The Contractor shall completely document all repairs. A copy of each repair slip will be provided to the personnel on site and shall include the following: a. Contract number- work order number b. Site location of the repair c. Description of the repair d. Itemized list of parts/materials/equipment e. Start time and End Time F. If any plumbing or gas issues are deemed non-repairable, the Contractor shall immediately notify the City Representative that submitted the work order. 1.3 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Attachment B - Bid /Pricing Schedule o°mus c� ° CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1123 MRPOPPE xs52 Plumbing Repair Services for Utilities Department Date: PAGE 1 OF 1 � Authorized Bidder: ������ 1 Signature: I �" 1. Refer to "Instructio C'riders" a d Contract Terms ems and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Invoices: Invoices shall be submitted in accordance with the following: Charges shown shall be separated to reflect an hourly charge, per plumber, and charges for parts/materials. Item Description Unit I Qty- Total Price Parts/Materials Estimated Markup 1 Parts/Materials Markup EA 1 $5,000 7 qC. $ `?, CSG Labor Unit Total Price Price 2 Labor/Plumber Normal Hours HRS 225 $ J M-F 8:00am -5:00pm $�S t�t�" C , 00 3 Labor/Plumber After Hours HRS 50 5:00pm -8:00am $ �, $ (p (-P U 4 Labor/Helper Normal Hours HRS 100 $ $ M-F 8:00am -5:00pm 00 5 Labor/Helper After Hours HRS 25 $ $ 5:00pm - 8:00am I (A) ISO Total ] Attachment C - Insurance Requirements 3.1 Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator 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 endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, 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, 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractorshall 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 renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. 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. 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; • 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, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. 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. 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 contract. 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 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. Attachment C - Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this service agreement. Attachment D - Warranty No warranty requirement necessary for this service agreement Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 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: 2017-197227 Date Filed: 04/24/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the businessentity's place of business. Spring Plumbing & Construction 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 comract, and provide a description of the services, goods, or other property to be provided under the contract. 86-106318 Specialize in leak repair, gas piping repair, water heater repair and installation, sewer line replacement, drain cleaning, faucet repair and numerous other plumbing services. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Contro(lin Ittterrnediary 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. \C.r/_,--,ITL 1 ...4, - Signature of authorized agent AFFIX NOTARY STAMP / SEAL ABOVE 'Y /2....0..... t Sworn to and subscribed before me, by the said��� r of contracting iQ/t~J [Phis the �__ C GARCIA PUBLIC Texas business entity `"//y /{ 9 c . I, day of � 20 / . to certify which, witness my hand and seal o ffice. "P`°'" AMADOR : - `,; NOTARY 0 .. "' State of 7 • C i Z e.) C 1 Signature of officer administerip , , e''' + •. 07-05-201 tf • • ah Printed name of o �,., � :du(• •a• e of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 8, 2017 Action Item for the City Council Meeting of August 15, 2017 DATE: TO: August 8, 2017 Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services, Purchasing Kim B2@cctexas.com (361) 826-3169 Emergency Spill Response and Remediation Service Agreement CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with Horizon Environmental, of Houston, Texas for emergency spill response and remediation services in response to Request for Bid No.1036 based on the lowest, responsive, responsible bid for a total amount not to exceed $22,762.30, with an estimated expenditure of $3,793.72 in FY2016-2017, and funded by the Utilities Department -Storm Water Division. The term of the agreement is for one year with an option to extend for up to two additional one- year periods, subject to the sole discretion of the City. PURPOSE: This service will provide a contract for emergency spills and cleanups that are a threat to the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) with no responsible party other than the City. The Texas Commission on Environmental Quality (TCEQ) MS4 Permit WQ0004200000 requires that the City must implement programs which prevent, contain, and respond to spills that may discharge into the MS4. BACKGROUND AND FINDINGS: Emergency spills or other issues that occur with the City as the responsible party must be remediated to ensure pollution and/or contaminants do not reach the MS4 which ultimately drain into waterways. Previous cleanups have been the result of City vehicle accidents which are leaking automotive fluids and/or fuels; spills of fluids occurring due to City infrastructure; and, wastewater overflows. This contract will allow the City to have an emergency cleanup company on standby for responds to spills and cleanups that City staff is not able to handle due to the hazardous materials involved. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received two responsive, responsible bids, out of 78 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, Horizon Environmental. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities Department — Storm Water FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $152,400.00 $22,762.30 $175,162.30 Encumbered / Expended Amount $117,807.80 $0.00 $117,807.80 This item $3,793.72 $22,762.30 $26,556.02 BALANCE $30,798.48 $0.00 $30,798.48 Fund(s): Storm Water Comments: The initial contract term total is $22,762.30, of which $3,793.72 will be funded in FY2016- 17. The total estimated contract value will be $68,286.90 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: CYNTHIA PEREZ BID TABULATION RFB 1036 EMERGENCY SPRILL RESPONSE AND REMEDIATION SERVICES Total: $22,762.30 Total: $39,814.50 Horizon Environmental Miller Environmental Corpus Christi, TX Corpus Christi, TX Item Description Qty. Unit Markup Unit Price Extended Price Qty. Unit Unit Markup Price Extended Price 1 Labor Fees 145 HRS $30.00 $4,350.00 145 HRS I $130.00 L $18,850.00 2 Materials Markup 6,705.00 Est. 1% $6,772.05 6,705.00 Est. 15% $7,710.75 3 Equipment Markup 11,525.00 Est. 1% $11,640.25 11,525.00 Est. 15% $13,253.75 Total: $22,762.30 Total: $39,814.50 SERVICE AGREEMENT NO. 1036 Emergency SpiII Response and Remediation Services THIS Emergency Spill Response and Remediation Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Horizon Environmental ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Emergency SpiII Response and Remediation Services in response to Request for Bid/Proposal No. 1036 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Emergency Spill Response and Remediation Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $22,762.30, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 8 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. The City's Contract Administrator for this Agreement is as follows: Crystal Ybanez Water Department 361-826-1289 CrystalYcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, 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 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30'h annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. 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, including the necessity of providing a 001 in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Crystal Ybanez Environmental Services Superintendent 13101 Leopard St., P.O. Box 9277, Corpus Christi, TX 78410 Fax: (361) 826-4550 IF TO CONTRACTOR: Horizon Environmental Attn: Jack Ostermaier Title: Vice- President, Sales and Marketing Address: 2407 Albright Drive, Houston, Texas 77017 Fax (713) 378-0717 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 8 17. CONTRACTOR AGREES TO 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 WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, 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 AGREEEMENT 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. 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 SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT, 18. Termination. {A} The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of 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, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor 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 had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response {Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252,908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement, 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Farm Approved as to Legal Form 7/1 /16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 8 CONTRACTOR Signature: 44;1441;., 621Aar,%- Printed Name: Davian M. Pinder Title: President Date: 7/7/2017 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1036 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 8 of 8 Attachment A - Scope of Work 1.1 General Requirements/Background Information A. The Contractor shall provide emergency spill response and remediation services as outlined in this Scope of Work. 1.2 Scope of Work A. Service Requirements for the Contractor: 1. Shall be able to provide specified services twenty-four (24) hours a day, three hundred and sixty-five (365) days per year, on an as needed basis. 2. Will receive work order requests and shall respond by phone within 30 minutes of a call being placed by the Utilities Department. 3. Must be on site within two hours of receipt of work order of a request for services. 4. Shall begin spill response and/or remediation within 2 hours of arrival on site unless otherwise approved by Utilities Department. 5. Must have a sufficient number of certified/trained personnel to fulfill work demands. 6. Shall have HAZWOPER, RCRA and any other training required by OSHA, Federal, State or local regulations. 7. Will have the capability and capacity to respond to on-site, highway, in water, or on shoreline incidents. 8. Shall have the facilities and equipment to meet the response time dictated in this specification. 9. Shall have the experience to meet this specification for chemical and/or petroleum spills. 10. Shall have experience and training to respond to land and water remediation. 11. Shall have the ability to mitigate any or all spill incidents, for example gas, oil, sugar water and other types of spills. 12. Shall have multiple vacuum trucks available for immediate response to eliminate and/or mitigate pollutant loading and/or contamination to the Municipal Separate Storm Sewer System (MS4) and/or waters of the state. 13. Shall have the ability to perform hydro -excavation. 14. Will have the capability to perform work in confined spaces and have the safety equipment and training required to support. 15. Must have the capacity to collect analytical samples according to State standards. All samples taken shall have a copy sent to the City Contract Administrator or their designee. 16. Shall have the capability and equipment to hydro -jet infrastructure lines blocked by a material or hazard. 17. Responsible for any or all decontamination of personnel and equipment. B. Spill remediation shall include any and all affected areas. C. All items used for spill response and remediation shall be free from the threat of cross contamination. D. Contractor shall provide status updates to City throughout the duration of the response. E. At time of completion of services, the Contractor shall report back to the City. F. All response and remediation services provided shall be documented by the Contractor. A copy of the work order shall be provided to the City with the following information: • Site location • Description of response and/or remediation services provided • List of materials used • Log of timeline, from time of City request to departure from the scene. G. The Contractor shall provide follow up services in the event additional remediation is required. 1.3 Work Site and Conditions A. The work shall be performed at any location within the City of Corpus Christi's jurisdictional boundary and/or any location deemed affected by incidents occurring within the City of Corpus Christi's jurisdictional boundary, which shall include incidents occurring and/or threatening navigable waterways and/or waters of the state for which the City has the responsibility to protect through state issued permits. The work may be required on land, roadways, infrastructure, ditches, waterways, structures, objects, and other items that are determined to be affected by the incident. 1.4 Contractor Quality Control and Superintendence A. The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Payment Work will be paid for on a Time and Material basis. Documentation including time records, receipts purchase or lease records for materials and equipment will be required to demonstrate charges. Attachment B - Bid Pricing/Schedule 0 CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1036, Emergency Spill Response and Remediation Services Date: Ato to/ ? Bidder: goriZo err 'ico en1/ Authorized Signature: PAGE 1 OF 1 1 Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a, the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices: b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. item Description Unit Qty. Total Price Labor Fees HRS. 145 Unit Price 1.30 *0 Markup % $ 4(350 , ea Total Price 1 Labor Fees Materials/ Equipment 2 Materials Markup Est. $6,705.00 /"A 1 / '7L; $ Cp;77Z,o‘ 1/, (ao. LS 3 Equipment Markup Est. $11,525.00 Total $ 2't, 7(1Z, 36 Example: Item 2 calculation is $6,705,00 X % markup + $6,705,00 = Total Price $6,705,00 X 5% = $335.25 + $6,705.00 = $7,0480,25 Same mathematical formula applies for Item 3 as above. Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must 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. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, 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 and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of Bodily Injury and Property Damage cancellation, non -renewal, material change or termination required on all certificates and policies. Per occurrence - aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit Or State of Texas Minimum Limits for personal or rental autos. PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000 / $500,000 / $500,000 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements - 1. Applicable for paid employees, 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 Contractor will be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 2. 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. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. 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 4. 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. ■ 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 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 calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. 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. 6. 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 Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. 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 contract. 8. 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 under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2017 Insurance Requirements Utilities Emergency Response and Remediation Services 01/17/2017 cg Risk Management Attachment C - Bond Requirements No bond requirements necessary for this supply agreement; Section 5. (B) is null for this service agreement. ATTACHMENT D: WARRANTY REQUIREMENTS No warranty requirements necessary for this supply agreement; Section 8. Warranty is null for this service agreement. 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 IJSE ONLY CERTIFICATION OF FILING Certificate Number: 2017-232245 Date Filed: 07/05/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Horizon Environmental Houston, 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 services, goods, or other property to be provided under the contract, 230-5 i RFB1036 Emergency Spill Response and Remediation 4 Name of Interested Party City, State, Country (place of business} Nature of interest (check applicable) Controlling Intermediary Horizon Environmental Victoria, 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. e•,"""++'++ HALEY SANFORD ;c, :4n' Notary Public, State 4f Texas sq:,'�. �� e Comm, Expires 05-10-2020 j'� Le�v ,..4,,,.....„, ''+;rFoF�l; Notary ID 130656002 Signature of authorized agent of contracting business entity AFFIX Sworn NOTARY STAMP 1 SEAL ABOVE to and subscribed before me, by the said lh� f `� {� /�, p f VI All)N1 1 531 �c/I , this the /S. day of j�. , 20 11 , to certify which, witness my hand and seal of office, �J j 400- +a,1,1,\:06{AAPN(A. Signat of officer administering oath Printed name of officer administering oath Title of offer administering oath Forms provided by Texas Ethics Commission www,ethics.state.tx,us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 8, 2017 Action Item for the City Council Meeting of August 15, 2017 DATE: August 8, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Supply Agreement for Hydrofluorosilicic Acid for Water Treatment for the O.N. Stevens Water Treatment Plant CAPTION: Motion authorizing the City Manager, or designee, to execute a supply agreement with Pencco, Inc. of San Felipe, Texas for the purchase of hydrofluorosilicic acid in response to Request for Bid (RFB) No. 1106 based on the lowest, responsive, responsible bid for a total amount not to exceed $182,250.00, with an estimated expenditure of $30,375.00 in FY2016-2017 funded by the Water Fund. The term of the agreement is for one year with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City. PURPOSE: This item is to approve a supply agreement for hydrofluorosilicic acid for the O.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The product hydrofluorosilicic acid will be used in the treatment of potable (drinking) water to reduce the incidence of dental caries (tooth decay). The Hydrofluorosilicic Acid will be fed by means of a liquid feeding system. Commercial strength hydrofluorosilicic acid has a typical strength of 25 percent acid content, and is produced as a co -product in the manufacture of wet -process phosphoric acid and other phosphate fertilizers. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, two non-responsive bids one no bid out of 34 notifications issued, and is recommending the award to the lowest, responsive, responsible bidder, Pencco, Inc. ALTERNATIVES: No feasible alternatives OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statutes regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities -Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $5,516,252.15 $151,875.00 $5,668,127.15 Encumbered / Expended Amount $4,457,214.84 $0.00 $4,457,214.84 This item $30,375.00 $151,875.00 $182,250.00 BALANCE $1,028,662.31 $0.00 $1,028,662.31 Fund(s): Water Fund Comments: The initial contract term total is $182,250.00, of which $30,375.00 is funded in FY2016-17. The total estimated contract value will be $546,750.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation TITLE: RFB 1106 Hydrofluorosilicic Acid for Water Treatment Supplier 1 CITY OF CORPUS CHRISTI PURCHASING DIVISION REQUEST FOR BID BID TABULATION Supplier 2 Supplier 3 Supplier 4 Supplier 5 Univar Solvay Mosaic Global Sales, LLC Pencco, Inc. Shannon Chemical Corporation Kent, Washington Houston, Texas Lithia, Atlanta San Felip, Texas Malvem, Pennsylvania UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION Unit QTY PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 1 Hydrofluorosilicic Acid Wet Ton 450 $415.00 $186,750.00 _ _ $405.00 $182,250.00 TOTAL $186,750.00 Non- Responsive Non- Responsive $182,250.00 No Bid SUPPLY AGREEMENT NO. 1106 Hydrofluorosilicic Acid for Water Treatment for the O.N. Stevens Water Treatment Plant THIS Hydrofluorosilicic Acid for Water Treatment for the O.N. Stevens Water Treatment Plant Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Pencco, Inc ("Supplier"), effective for all purposes upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Hydrofluorosilicic Acid for Water Treatment for the O.N. Stevens Water Treatment Plant in response to Request for Bid No. 1106 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Hydrofluorosilicic Acid for Water Treatment for the O.N. Stevens Water Treatment Plant in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then - current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $182,250.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 7 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. The City's Contract Administrator for this Agreement is as follows: Name: Diana Zertuche Garza Department: Utilities Phone: 361-826-1827 Email: DianaG@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, 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 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 7 intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 7 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Diana Zertuche Garza Title: Contracts/Funds Administrator Address: 2726 Holly Rd. Corpus Christi Texas 78415 Fax: 361-826-4488 IF TO SUPPLIER: Pencco, Inc. Attn: Sarah Duffy Title: Bid Secretary Address: P.O. Box 600 San Felipe, Texas 77473 Fax: (979) 885-3208 17. SUPPLIER AGREES TO 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 WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 7 LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT 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. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 7 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor 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 had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 7 SUPPLIER Signature: ail Printed Name: Sarni') b Title: Bid z Date: 7/05/1'7 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1106 Exhibit 2: Supplier's Bid Response City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 7 1.1 Attachment A- Scope of Work General Requirements/Background Information It is the intent of this specification to describe hydrofluorosilicic acid to be used to treatment of potable (drinking) water to reduce the incidence of dental caries (tooth decay). Hydrofluorosilicic Acid is produced as a co -product in the manufacture of wet -process phosphoric acid and other phosphate fertilizers. The Hydrofluorosilicic Acid is fed by means of a liquid feeding system. Commercial strength Hydrofluorosilicic Acid has a typical strength of 25 percent acid content. The estimated annual requirement for Hydrofluorosilicic (Fluorosilicic) Acid is estimated to be 450 wet tons. 1.2 Product Specifications 1. Hydrofluorosilicic Acid shall contain between 20 and 30 percent Hydrofluorosilicic Acid by weight. 2. American National Standards Institute/American Water Works Association Standard for Hydrofluorosilicic Acid, ANSI/AWWA B703-06. 3. American National Standards Institute/National Sanitation Foundation Institute Standard for Drinking Water Treatment Chemicals - Health Effects, ANSI/NSF 60. 4. Conformance to ANSI/NSF 60 must be obtained through certification of this product by an agency recognized by the Texas Commission on Environmental Quality. 1.3 Delivery and Weighing Requirements A. Each shipment shall be in approximately 4,000 -gallon tank truck lots. Tank trucks shall be of appropriate design to handle this material safely and the shipping thereof shall meet all applicable U.S. Department of Transportation and State of Texas regulations. This statement shall be on each truck load lot "Notice: This material meets the requirements of AWWA B703-06 Standard for Hydrofluorosilicic Acid". B. Each chemical shipment must be weighed by local certified weighers before delivery to and after unloading at the O.N. Stevens Water Treatment Plant, 13101 Leopard St., Corpus Christi, Texas 78469-9277. The truck driver must promptly deliver chemical shipment weight "ticket" or legible copies to the City of Corpus Christi, Contract Administrator, 13101 Leopard St., Corpus Christi, Texas 78469-9277. RFB Template 10.10.16 C. Deliveries will be made Monday through Friday, 8 A. M. to 5 P. M. only, unless an emergency arises, then the Contract Administrator may approve after hour deliveries. D. An affidavit of compliance, by the manufacturer, stating that at the time of loading, the Hydrofluorosilicic Acid, furnished, complies with all applicable requirements of ANSI/AWWA B703-06 and a Certified Analysis of each load shall be provided to the City of Corpus Christi, Plant Supervisor, 13101 Up River Rd., Corpus Christi, Texas 78469-9277. E. This analysis shall include, but is not limited to, 1) hydrofluorosilicic acid content, 2) free acid content, other than hydrofluorosilicic acid, 3) specific gravity, and 4) heavy metals. 1.4 OSHA AND TRAINING: Any material supplies must comply with all requirements and standards of the Occupational Safety and Health Act. All appropriate marking shall be in place before delivery. Items not meeting OSHA specifications will be refused. Supplier is required to provide training to City employees in the safe handling, storage, and use of the material on a semiannual basis at the convenience of the City. This training shall include a presentation of sufficient length to visually portray the proper procedures of handling, storage, and use. Also, all information contained on the Safety Data Sheets shall be thoroughly covered. 1.5 Ownership City's ownership of the Hydrofluorosilicic Acid shall begin, and supplier ownership shall cease, upon the unloading of the chemical at the Stevens Water Plant. 1.6 Supplier Quality Control and Superintendence The Supplier shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Supplier will also provide supervision of the work to insure it complies with the contract requirements. 1.7 Billing Billing and pay quantity shall be based on "local" certified weight and the percent Hydrofluorosilicic Acid content. RFB Template 10.10.16 Attachment B - Bid Pricing Schedule Date: 5/16/17 Bidder: Pencco, Inc. CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1106 RFB Hydrofluorosilicic Acid for Water Treatment Authorized Signature: PAGE 1 OF 1 Sarah Duffy,J�:Q•� Sec. 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. The prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest infommation on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required govemmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description . UNIT QTY Unit Price Total Price 1 Hydrofluorosilicic Acid Wet Tons 450 $405 . 0 0 $182,250.00 Attachment C- Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator 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 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 - 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 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 POLLUTION LIABILITY (Including Cleanup and remediation) $1,000,000 Per Incident Limit $1,000,000 Aggregate RFB Template 10.10.16 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 11. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of 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 renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. 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. 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; • 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 RFB Template 10.10.16 Tess than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. 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. 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 contract. 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 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. 2017 Insurance Requirements Purchasing Division - Utilities Dept. Hydrofluorosilicic Acid - Potable Water Treatment 03/29/17 sw Risk Management RFB Template 10.10.16 Attachment C - Bond Requirements No bond requirements necessary for this supply agreement; Section 5. (B) is null for this supply agreement. ATTACHMENT D: WARRANTY REQUIREMENTS No warranty requirements necessary for this supply agreement; Section 8. Warranty is null for this supply agreement. For provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 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: 2017-239336 Date Filed: 07/20/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Pencco, Inc. San Felipe, 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 1desctiistior Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a of the services, goods, or other property to be provided under the contract. RFB 1.106 Hydrofluorosilicic Acid 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 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. as ;;per•..,- JENNIFER LYNN MATURA �=z Notary Public, State of Texas � ' ( _. '►y • Notary ID # 12934467-2 Signature of authorized a. • �.f - tracting business entity '• rk •�4= My Commission Expires AFF N • .t^r -• h 2021 Sworn to and subscribed before me, by the said , (1,1/1,( r i- y , this the day of J (.lPle. , 20 1-1 , to certify which, witness my hand and seal of office. N0Qignature �rl%��. ,. � Jeniii- TP y A of . r cer administering oath Printed name of officer administering oath Title of officer administdring oath For provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 8, 2017 Action Item for the City Council Meeting of August 15, 2017 DATE: August 8, 2017 TO: Margie C. Rose, City Manager FROM: Jim Davis, Director of Fleet Maintenance jimd@cctexas.com (361) 826-1909 Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kim B2@cctexas.com (361) 826-3169 Purchase of 18 2017 Ford Trucks for the Utilities Department CAPTION: Motion authorizing the City Manager, or designee, to purchase 16 2017 Ford F-150 Service Trucks from Silsbee Ford, of Silsbee, Texas, for the amount of $478,877.50 and two 2017 Ford F-550 Service Trucks from Grande Truck Center of San Antonio, Texas, for $192,598.00 based on the Local Government Purchasing Cooperative dba Buyboard, for a total amount not to exceed $671,475.50. Funds are budgeted in FY2016-17. PURPOSE: This item is to approve the purchase of 16 2017 Ford F-150 Trucks and two 2017 Ford F-550 Service Trucks for the Utilities Department. BACKGROUND AND FINDINGS: The purchase of 16 F-150 pickups for Utilities will be distributed throughout the Water, Wastewater, and Storm Water Departments. The Water Department pickups will be used at the Wesley Seal Dam (one), Choke Canyon Dam (one) and Water Quality (two). The Wastewater Department pickups will be used at Collections (four), Broadway Wastewater Plant (one) Oso Wastewater Plant (one), Laguna Madre Wastewater Plant (one) and Allison Wastewater Plant (one). The Storm Water Department pickups will be used by Maintenance of Lines (two), and Treatment (two). The two units for Water Quality and one unit for Storm Water Treatment are additions to the fleet, and are to accommodate three new crews. The remaining 13 are replacement vehicles. The four units for Waste Water Collections are CNG bi-fuel equipped trucks. The remaining 14 pickups are not CNG, because of their assigned locations or scope of work. These units are critical pieces of equipment needed to ensure seamless, and proper operation of the City's Utilities Departments. The purchase of the two F-550 trucks with service bodies will be used by the Wastewater Department. One unit is a replacement for a nine year old unit with over 11,000 hours and is well past its service life. The unit is used by the Maintenance of Lines division and is a critical piece of equipment used in maintaining and keeping the City's Water line system operational. The other will be used at the Lift Station Operation and Maintenance division of the Wastewater Department. Several units are currently being evaluated for replacement; the replacement vehicles will meet the end of service life requirements to include age, mileage, and or life -to -date maintenance cost vs. purchase price when they are turned in and taken out of service. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Fleet Maintenance Operations and Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $1,815,735.92 $0.00 $1,815,735.92 Encumbered / Expended Amount $646,461.11 $0.00 $646,461.11 This item $671,475.50 $0.00 $671,475.50 BALANCE $497,799.31 $0.00 $497,799.31 Fund(s): Water, Wastewater and Storm Water Comments: None. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ PRICE SHEET VARIOUS FORD TRUCKS TLGP 521-16 ITEM DESCRIPTION QTY. UNIT Silsbee Ford Silsbee, Texas Grande Truck Center San Antonio, Texas UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1. 2. 3. 4. 5. 6. 7 8.2017 9. 10. 11. 12. 2017 Ford F-150 Ext Cab Upgrade 2017 Ford F-150 Ext Cab Upgrade 2017 Ford F-150 Ext Cab Upgrade w/Lightbar 2017 Ford F-150 Ext Cab Upgrade CNG Conversion 2017 Ford F-150 Ext Cab Upgrade 2017 Ford F-150 Ext Cab Upgrade 2017 Ford F-150 Ext Cab 4X4 w/Lightbar Ford F-150 Ext Cab Upgrade w/Lightbar BuyBoard Fee 2017 Ford F-550 Diesel w/Crane Body 2017 Ford F-550 Diesel Service Truck w/Crane Body BuyBoard Fee 1 1 2 4 4 2 1 1 1 1 1 1 EA EA EA EA EA EA EA EA EA EA EA EA $31,828.50 $27,518.80 $31,380.80 $37,135.40 $24,398.60 $27,090.60 $29,657.80 $26,393.60 $400.00 $31,828.50 $27,518.80 $62,761.60 $148,541.60 $97,594.40 $54,181.20 $29,657.80 $26,393.60 $400.00 $92,574.00 $99,624.00 $400.00 $92,574.00 $99,624.00 $400.00 $478,877.50 Total Cost: $671,475.50 $192,598.00 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 8, 2017 Second Reading for the City Council Meeting of August 15, 2017 DATE: July 14, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Public Hearing and First Reading for Property located at 15057 Aruba Drive CAPTION: Case No. 0617-06 Aruba Bay Resort, LLC.: A change of zoning from the "CR-1/IO" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay. The property is described as being Padre Island -Corpus Christi, Section C, Lots 17 thru 20 and Padre Island -Corpus Christi, Section E, Block 1, Lots 1 and 2, located along the west side of Leeward Drive at the intersection with Aruba Drive, and north of Windward Drive. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of a planned community that will consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. RECOMMENDATION: Planning Commission and Staff Recommendation (July 12, 2017): Approval of the change of zoning from the "CR-1/IO" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay with specified conditions. Vote Results: For: 7 Against: 0 Absent: 2 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from "CR-1/IO" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay to allow for the construction of a planned community that will consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. The proposed rezoning to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay is consistent with the adopted Future Land Use Map, PIanCC, and the Mustang/Padre Island Area Development Plan. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Mustang/Padre Island Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay is consistent with the adopted Future Land Use Map, PIanCC, and the Mustang/Padre Island Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 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 Aruba Bay Resort, LLC. ("Owner"), by changing the UDC Zoning Map in reference to Padre Island -Corpus Christi, Section C, Lots 17 thru 20 and Padre Island -Corpus Christi, Section E, Block 1, Lots 1 and 2, from the "CR-1/IO" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Aruba Bay Resort, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, July 12, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "CR-1/IO" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay, and on Tuesday, August 8, 2017, 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 Aruba Bay Resort, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Padre Island -Corpus Christi, Section C, Lots 17 thru 20 and Padre Island -Corpus Christi, Section E, Block 1, Lots 1 and 2, located along the west side of Leeward Drive at the intersection with Aruba Drive, and north of Windward Drive. (the "Property"), from "CR -1/10" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay (Zoning Map No. 028025), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is The Aruba Planned Unit Development (PUD) Guidelines and Master Site Plan for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Aruba Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 14.25 dwelling units per acre. 3. Parking: The property must have a minimum of 2 parking spaces (9 feet wide by 18 feet long) per dwelling unit. Parking standards for any commercial uses are set at 1 parking space for every 355 square feet of gross floor area. Parking is prohibited within the private street and pedestrian walkways. 4. Setbacks and Lot Width: Minimum front yard setbacks for all lots shall be seven feet and on a corner four feet. Minimum width for townhouse lots shall be 16 feet. 5. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 6. Private Street Access: The 2 -way private access drive shall not be less than 24 feet and the 1 foot ribbon curb shall be striped or marked to indicate "Fire Lane/No Parking." 7. Pedestrian Access: Sidewalks shall be 6 feet wide on one side of the private street and shall be constructed and maintained as identified on the master site plan. 8. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 9. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-06 Aruba Bay Resort, LLC. - PUD\Council Documents\Ordina nce_0617-06_Aruba Bay Resort, LLC..docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-06 Aruba Bay Resort, LLC. - PUD\Council Documents\Ordina nce_0617-06_Aruba Bay Resort, LLC..docx Page 3 of 3 R-2 0 r7 SUBJECT PROPERTY CASE: 0617-06 & NOTICE AREA 1191-1 Murrasri ly 1 191-2 MJ ^•-i y 2 PMI -S MJ ON Profess }-__~_ .. 191 -Ar Mali' rir CN -1 Neighbor roodnerD CN -2 Neigkbwheed €,o_ CR -1 Resell Ciminero CR -2 CQ -1 CG -2 CI CBD CR -3 FR H BP Re seri Cow mer° r. General Canine General Conner Irian sive Connier,.• Dewnlown Connerolal Ruse rl Cow menaNl Farm Rural Irslerld Ove rly IN liras 1 Park L Light Induatr.a, lir Ho-cvy Industrial PAID Planned Will Ddu Overlay RA -1 !"nni-Famlli 10 R!4 0k—Tamllye R.1_1. E. = hole-Tamlpl • .r - Two -Family • .1a 1.In0H-Family is RE Re side nils l E Male RUTH MAY nhome bP RV Ipeolar Parmll liacreatI nal Vehicle Pari[ _ _ :,r•ed Home ihth 2'}:r Sri AOrnes 421I12W.11>tad ov a -feed oenes"ip Mare Ch nes Moor X Jrnes ,r opposMs Lae C. _ d: &=3 7:271 7 Q.rat 6y: Jaar,r:aS: Daptn-1 a9ralagnrarr,Sanrl:gs SUBJECT FRO PERT Y LOCAflOfi MAP ARUBA PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND, CORPUS CHRISTI, TEXAS OWNER ARUBA BAY RESORT, LLC SUBMITTED BY HANSON PROFESSIONAL SERVICES, INC. ENGINEER: CRAIG B. THOMPSON, P.E. SOUTH TEXAS PRIME DESIGN GROUP, INC. DESIGNER: JON HALL JUNE 2017 HANSON: 16E0337 HANSON Engineering 1 Planning 1 Allied Services 4501 Gollihar Road, Corpus Christi, Texas 78411 ■ Tel 361-814-9900 ■ Fax 361-814-4401 ■ www.hanson-inc.com CONTENTS DEVELOPMENT DESCRIPTION 3 DEVELOPMENT LOCATION MAP 3 ADJACENT LAND USE AND ZONING 3 LOT LAYOUT 4 DEVELOPMENT DEVIATIONS 5 DEVELOPMENT GUIDELINES 5 OPEN SPACE LAYOUT 8 VEHICULAR AND PEDESTRIAN ACCESS 9 PARKING REQUIREMENTS 10 TYPICAL CROSS SECTION 10 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 2 DEVELOPMENT DESCRIPTION The Aruba Planned Unit Development (PUD) consists of a Master Site Plan of 3.65 acres, being all of Lots 17, 18, 19, and 20, Padre Island -Corpus Christi Section C, of Volume 34, Pages 133 M.R.N.C.T. and all of Lots 1 and 2, Block 1, Padre Island -Corpus Christi Section E, of Volume 38, Pages 25-26, M.R.N.C.T., at the intersection of Aruba Dr. and Leeward Dr. on Padre Island. The development is a planned community that will consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. The property currently sits on low density residential and vacant land and is currently zoned Resort Commercial (CR-1/IO). The Future Land Use Plan designates the area as mixed use. The proposed zoning is RM-AT/IO/PUD. The proposed density will be 1 unit for every 2522 square feet per the residential and common area lots. DEVELOPMENT LOCATION MAP Google Maps Imagery Date: March 2017 ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 3 CURRENT LAND USE ZONING North of Property Vacant CR -1, CR -2, RM -AT South of Property Medium Density Residential RM -AT East of Property Medium Density Residential RM -AT West of Property Vacant CR -1, CR -2, RS -6 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 3 LOT LAYOUT The following is the Lot Layout for the development: LOT PROPERTY BOUNDARY UNE Vt 1c Q RESIDENTIAL LOT COMMON AREA LOT 11 Q COMMERCIAL LOT PUD BOUNDARY / / 7ROPERTY /BOUNDARY UNE LO T 16 LO T 15 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 4 DEVELOPMENT DEVIATIONS The following table indicates the Development Deviations for the Residential Lots: DESCRIPTION UDC- ZONING/PLATTING ORDINANCE REQUIREMENTS (RS-TH) PUD REQUIREMENTS Lot Area in Square Feet Minimum = 2,600 Maximum = N/A Minimum = 1,490 Maximum = 4,000 Lot Width at Front Yard Requirement Line in Feet Minimum = 26 Maximum = N/A Minimum = 22 Maximum = N/A Right-of-way / Access Easement 50 feet Minimum = 24 feet Pavement Width in Feet Minimum = 28 Minimum = 24 Yard Requirements (Minimum in Feet) Street — Non -Corner 10 Minimum = 7 Street—Corner 10 Minimum = 4 Side — Single 0 0 Side — Total 0 0 Rear 5 5 Curb Type Standard 6" Curb and Gutter 1' Ribbon Curb Sidewalk 5' width on both sides 6' sidewalk required when on one side of road The following table indicates the Development Deviations for the Common Area Lots: DESCRIPTION UDC- OPEN AREA PUD REQUIREMENTS Parking requirement per Parks and Open Area in Square Feet 1 per 10,000 SF outdoor lot area 1 per 10,360 SF* * — The development is designed to be walkable and the common areas are intended for the residences only. The following table indicates the Development Deviations for the Commercial Lot: DESCRIPTION UDC- COMMERCIAL PUD REQUIREMENTS Parking requirement per Retail Sales and Service in Square Feet 1 per 250 SF 1 per 355 SF DEVELOPMENT GUIDELINES The fol owing tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER LOT NUMBERS Residential Lot(s) 1 1-52 Common Area and Access Easement Lot(s) 1 53-55 Commercial Lot 2 1 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 5 RESIDENTIAL LOTS DESCRIPTION REQUIREMENTS Usage Residential Open Space- Percent Minimum 30 Building Height — Maximum in Feet 45 Building Spacing — Minimum in Feet 10 Parking Requirement Per Unit Minimum = 2 Maintenance Lot Owner and/or Home Owners Association (HOA) Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, and landscaping. Rental Daily, weekly, and monthly rentals are allowed COMMON AREA LOTS DESCRIPTION REQUIREMENTS Usage Non -Residential Structures supporting the Community Lot Area in Square Feet Minimum = N/A Maximum = N/A Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non -Corner 7 * Street—Corner 7* Side —Single 0 Side —Total 0 Rear 5 Building Height — Maximum in Feet 1 -story Building Spacing — Minimum in Feet As per International Building Code Landscape Requirement Will be determined during building permitting. Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. * — Yard requirement is for Block 1, Lot 53 and 55 only. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 6 COMMERCIAL LOT DESCRIPTION REQUIREMENTS Usage Commercial Lot Area in Square Feet Minimum = N/A Maximum = N/A Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non-Corner 18 10 Street—Corner Side —Single 0 Side —Total 0 Rear 5 Building Height — Maximum in Feet N/A Building Spacing — Minimum in Feet As per International Building Code Landscape Requirement Will be determined during building permitting. Maintenance Lot Owner Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 7 OPEN SPACE LAYOUT The fol owing is the Open Space Layout for the development: OPEN SPACE CALCULATION QUANTITY (SQUARE FEET) QUANTITY (ACRE) Total Area of PUD 159148 3.65 Total Non -Open Space (Impervious Area) 1,2,3 107053 2.46 67% Total Open Space (Pervious Area) 4 52095 1.19 33% 1 Constructed building area 2 Driveway area LDT 3 Area of all Pavement and Sidewalk Minimum Open Space required is 30% °91\89 pAyrQ '''rk OFEN SPACE \ Vi STREET PAVEMENTS CRIVEWAY% SCEVOLK 8/� 1 ' i LOT16 / / HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 8 VEHICULAR AND PEDESTRIAN ACCESS The Vehicular and Pedestrian Access for the development is indicated below. The entrances into the development will provide a 24 foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 24' wide from back -of -curb to back -of -curb. The development will provide 6' sidewalks on one side of the road to promote walkability and access to future amenities as indicated. Vehicular access onto Block 1, Lots 18-25 and 55 from Leeward Drive and onto Block 1, Lots 25-36 from Aruba Drive is prohibited. 0 1z 1A PARKING AREA (9'x 18' SPACES) 16' SIDEWALK R48' [20' WIDE EMERGENCY MOVEMENT APPROXIMATE (10'x15') DUMPSTER LOCATION WITH REQUIRED SCREENING 6' SIDEWALK .f/ RG By il PARKING AREA F�qy , , (i)' 9x18 SPACES) , \ PARKING AREA \ ,`,,,\ \ ,,,, PARKING AREA 1 R28' (9'x18' SPACES) ' (9'x 1$ SPACES, 1 �' PARKING AREA \ �/ (8'x21' \\ � SPACES) / \"-;' 1/%4°2 6SIDEWALK �/' 1 0, /O Afelpistom goo / ir / ,, / , PARKING AREA `�' (9'x18' SPACES) HSTREET PAVEMENT & DRIVEWAY SIDEWALK PUD BOUNDARY LOT 16 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 9 PARKING REQUIREMENTS The following is the Parking Requirements for the development: LOT TYPE REQUIREMENTS QUANTITY OF LOTS QUANTITY OF PARKING REQUIRED QUANTITY OF PARKING PROVIDED Residential 1 2 per unit 52 104 104 Residential - Guest Parking 1 1 per 5 units 52 11 41 Common Area 1 per 10,360 SF 3 4 4 Commercial 1 per 355 SF 1 10 10 Total: 129 159 1— Parking can be provided within the unit or anywhere within the limits of the development. TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: NOTE: The Right of Way is a Private Access Easement and Private Utility Easement. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 10 Cross Section A PL BL I � X15' UE -4011P- Cross Section B 6' SIDEWALK 1' CURB 30' ROW PL 6' !BL 15' UE 1' CUIB- 22'PAVEMENT- 6' Cross Section C 22 PAVEMENT 23' 18' BL PL PL 30' ROW 15' UE 6' SIDEWALK - 18' DRIVEWAY 7' BL/UE 1' CURB 1' CURB - 22' PAVEMENT HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 11 Cross Section D A, IF 1r PL PL 23' 18' BL 1-15' UES 30° ROW 6' SIDEWALK - 18' DRIVEWAY - 1' CURB 1' CURB- - 22' PAVEMENT Cross Section E PL 6' BLUUE CURB 41' ROW PL 11.0' PAVEMENT PAVEMENT 8' PARKING 1' CURB 23' 18'BL 15' UE --I : 6' SIDEWALK 18' DRIVEWAY -I-- Cross Section F 23' PL PL I- ; 1B' BL 15' UES i 1' CURB �r18' DRIVEWAY 30' ROW 18' BL_ -1 -15' UE -H tir,•�\`err 1 11' PAVEMENT PAVEMENT' 6' SIDEWALK --1' CUFB 18' DRIVEWAY -I- HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 12 Cross Section G -1' CURB 1' CURB-.- 22' URB- 22' PAVEMENT PL 23' 18' BL -� 1S' UES i 6' SIDEWALK --18' DRIVEWAY For illustration purposes only. Residential structures may vary. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 13 NE"Al2I97 8,451E145484 0705 RE ED o-04 E D -1992 / BAB' N,"' 19"W 46.82' 2007"Arr (EL9) ,� AS PER PANEL 485464 0405 REVISED 9-17-1992 ARUBA DRIVE 60' RIGHT-OF-WAY LEGEND• N 80250020020 - - DE. 0;11 'ROAD CENTERLINE ✓l 0 20 40 aL0EK3YMa0L Zy 11 FT11 PUBLIC EASEMENT CROSSINGLOT UNE .- PRIVATE EASEMENT ON UTIUTY EASEMENT U E FEMA FLOOD ZONE BNDY M R MAP RECORDS YARD REQUIREMENT Y R D R DEED RECORDS FIRE STRIPING MOORING LINERIOHTOF wav 9 ZONE "A13". (EL 9)69 AS PER PANEL 465494 0705 D r2.2„.,{ % REVISED 5<1999 _tel �� �aaainwrJ 2091E "2116 (EL 9') AS R PANEL 405464 0405 REVISED 9-121902 ,3O 29 i s OZ 2s n °h92ti °°'P '70 -7, Fv WIN MMUN AREA PaNv e_CCESS MEM B. p• NAT -'1 - 111111111 24' 47"E 290.39' GENERAL NOTES TOTAL PLATTED AREA CONTAINS 3 85 ACRES OF LAND INCLUDING PRIVATE STREET. 2. ALL BEARINGS ARE GRD BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD 1983). ELEVATIONS ARE BASED ON NGV029. 3. A 5/8" DIAMETER BY 18" LONG IRON ROD VNTH RED PLASTIC CAP STAMPED"NAISMITH ENG. C C., TX." VNLL BE SET AT ALL PLAT CORNERS, BLOCK CORNERS, LOT CORNERS, POINTS OF CURVATURE, AND POINTS OF TANGENCY, UNLESS OTHERVMSE NOTED. THIS SURVEYOR CANNOT CERTIFY AS TO UN -RECORDED EASEMENTS AND/OR RIGHT-OF.WAY THAT MAY MPACT THE SUBJECT PROPERTY AND ARE NOT VISIBLE AND APPARENT. CAUTION MUST BE TAKEN VNTH PIPELINE MARKERS INDICATING BURIED LINES NOT ON RECORD. m oa S71° LOT 16 Im PADRE ISLAND -CORPUS CHRISTI -SECTION C :LR VOLUME 34. PAGE 133 M. R.N. C. T. INCHES ABOVE THE LOWEST ADJACENT TOP OF CURB (OR CROWN OF ROAD IF UNCUR0EG), WHICHEVER IS HIGHER. RECEIVING WATERS THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IST E LAGUNA MADRE. THE TME° HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE LAGUNA MADRE AS "EXCEPTIONAL" AND "OYSTER WATERS". THE TME° HAS ALSO CATEGORIZED T E LAGUNA MADRE RECEIVING WATER AS "CONTACT RECREATION" USE. FEMA INFORMATION. PLOTTING THE PROPERTY BY SCALE ON EFFECTIVE FLOOD INSURANCE RATE MAP COMM UNITY -PANEL NO. 485484 04050 MAP REVISED SEPTEMBER 17, 1992, INDICATES THE PROPERTY IS LOCATED IN FLOOD ZONE 011 NNTH ELEVATION OF e') AND ON COMM UNITY -PANEL NO. 405494 07050, MAP REVISED MAY 4, 1992, INDICATES THE PROPER, IS LOCATED IN FLOOD ZONE Ata VNTH ELEVATION OF 99, DEFINED AS AREAS OF 100 -YEAR FLOOD BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS DETERMINED. THE YARD REQUIREMENTS ARE AS DEPICTED AND BASED ON THE PUO. 10. IMPROVEM ENTS N EWCON STRUCTIONI NASPECIAL FLOODHAZARDARE30000=INEDBYFEMA, MUST H"E00FL0 10.1. LOTS MINIM U ION (0= FLOOR ELEVATION FOR HABITABLE LIVING SPACE AT ORABOVE THE B0SE FLOOD 10.1.1.0. 0 NGLE-FAMILY- 53208(,)1-92100,3152" BLOCK IJ ELEVATION(BFEJ PER THE CURRENTAPPLICABLE FLOOOINSURANCE RATE MAP (FIRM), OR 18 10.1.1 B. COMMON AREA- BLOCK:1 41,434 SFJ 55 CO"s"P"f REA 3305E 4 VIII¢ ncE2 0 WIo Curve Table Curve # Length Radius Delta Chord Direction Ch tlL g 01 25.03 80.00 17.93 S56 28' 35'6 24.93 C2 39.04 76.34 29.30 N50"47.21"W 38.62 C3 130.00 245.02 30.40 551.20.20T 128.48 Cd 15.71 10.00 90.00 N21. 32'26"W 14.14 Cs 54.07 150.58 20.57 53.76 C6 150.39 667.77 12.90 150.07 C7 2.59 245.02 0.58 536"25'53"E 2.50 C8 28.06 245.02 6.57 S40' OM 23"E 28.06 C9 22.33 245.02 5.22 S45'5, 01"E 22.32 C10 22.79 245.02 5.33 851" 10' 32"E 22.78 C11 12.10 245.02 2.83 555"15'15"E 12.09 C12 27.20 245.02 6.36 559' 50.55T 27.19 C13 15.01 2.13.2.1 3.54 566'47'24"E 15.01 C14 16.61 150.58 6.32 C15 22.24 150.58 8.46 N12. 40.06,V 22.22 C16 15.22 150.58 5.79 N19. 47' 45"W 15.22 C17 0,56 667.77 0,05 N20" 4.1' 27'AV 0.56 C12 149.83 667.77 12.86 149.52 C19 21.99 14.00 90.00 N8" 51.41"E 19.80 C20 13.80 26.00 30.40 N51. 20'23"W 13.63 C21 4.12 10.00 23.58 378' 19. 4, 4.09 17.21 20.00 49.30 16.68 C23 4.25 26.00 9.36 566. 441 ONE 4.24 C24 18.74 26.00 41.29 541.24'3TE 18.34 C25 67.73 52.00 76.62 516" 32' 5811/6 63.04 C26 31.42 20.00 90.00 S81 08'19'6 28.28 C27 27.12 56.90 27.74 550" OP 39"E 26.85 C28 254 56.60 2.60 565"10.55"E 254 C29 0,06 56.00 0.06 566`30.39T 0.06 22.28 28.00 45.58 21.69 C31 22.28 28.00 45.58 N89. 19.59,V 21.69 032 5.22 28.00 10.67 561" 12' 16"E 5.21 C33 17.16 28.00 35.11 16.89 C34 28.71 28.00 58.74 27.47 C35 7.76 28.00 15.88 N45. 55' 15"E 7.74 1011BA. BLOCK 1, LOT 54- PRIVATE STREET SHALL BE USED AS ACCESS AND UTILTY EASEMENT AND MAINTAINED BY HOME OWNERS ASSOCIATION. 10.1.1E COMMERCIAL 1 (LOT I, BLOCK 2, NOT OWNED BY HOME OWNERS ASSOCIATION) 11. ALL ROADS, SANITARY SEWER LINES, AND COMMON AREAS VMTHIN PRIVATE EASEMENTS WILL BE PRIVATE AND ARE TO BE MA NTAINED BY THE HOMEOWNERS ASSOCIATION. THE CITY HAS NO OBLIGATION OR INTENTION TO EVER ACCEPT SUCH STREETS AS PUBLIC RIGHT -OF -WAV. 12. THE HOME OWNERS ASSOCIATION AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS ANY GOVERNMENTAL ENTITY FOR DAMAGE TO'. A. PRIVATE STREETS REASONABLY USED BY GOVERNMENT VEHICLES B. INJURES OR DAMAGES TO OTHER PERSONS PROPERTIES OR VEHICLES CLAIMED AS A RESULT OF STREET DESIGN OR CONSTRUCTION 12. REPLACEMENT COSTS OF THE PRIVATE SIDEWALK AND OTHER AMENITIES VMTHIN A PUBLIC UTILITY EASEMENT SHALL BE THE RESPONSIBILITY OF THE HOME OWNER'S ASSOCIATION. 13. THE ARUBA PUD ORDINANCE NUMBER IS XXXX-XX. 14. VEHICULAR ACCESS SHALL BE PROHIBITED ONTO LOTS 1325 AND 55, BLOCK 1 FROM LEEWARD OR. AND LOTS 25-38, BLOCK 1 FROM ARUBA OR. PLANNING COMMISSION FINAL REPORT Case No. 0617-06 INFOR No. 17ZN1017 Planning Commission Hearing Date: July 12, 2017 Applicant & Legal Description Owner: Aruba Bay Resort, LLC. Applicant/Representative: Hanson Professional Services, Inc. Location Address: 15057 Aruba Drive Legal Description: Padre Island -Corpus Christi, Section C, Lots 17 thru 20 and Padre Island -Corpus Christi, Section E, Block 1, Lots 1 and 2, located along the west side of Leeward Drive at the intersection with Aruba Drive, and north of Windward Drive. Zoning Request From: "CR-1/IO" Resort Commercial District with the Island Overlay To: "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay Area: 3.65 acres Purpose of Request: To allow for the construction of planned community that will consist of 52 single-family Tots, 3 common areas Tots, and 1 commercial lot. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "CR -1/10" Resort Commercial with the Island Overlay Vacant Mixed Use North "CR -1/10" and "CR -2/I0" Resort Commercial with the Island Overlay and "RM-AT/IO/PUD" Multifamily AT with the Island Overlay and a Planned Unit Development Vacant Mixed Use South "RM-AT/I0" Multifamily AT with the Island Overlay Medium Density Residential Mixed Use East "RM-AT/I0" Multifamily AT with the Island Overlay Medium Density Residential Mixed Use West "CR -2/10" Resort Commercial with the Island Overlay Drainage Mixed Use ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for mixed uses. The proposed rezoning to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay is consistent with the adopted Future Land Use Map which calls for mixed uses. Map No.: 028025 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 392 feet of street frontage along Aruba Drive which is designated as an "Al" Minor Arterial Undivided Street and 340 feet of street frontage along Leeward Drive which is designated as a "01" Minor Residential Collector Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Aruba Drive Local/Residential 50' ROW 28' paved 60' ROW 40' paved N/A Leeward60' Drive 01 Minor Collector ROW 40' paved 100' ROW 60' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CR-1/IO" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay to allow for the construction of planned community that will consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. Development Plan: The subject property is comprised of 3.65 acres and is proposed to be a planned community that will consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. Minimum Dimensions "RM -AT" District Standards "RS-TH" District Standards Proposed PUD Deviation Lot Area 5,000 sf. 1,600 sf. 1,490 sf. Yes Minimum Lot Width 50 ft. 16 ft. 22 ft. No Front Yard 20 ft. 10 ft. 7 ft. Yes Front Yard (Corner) 10 ft. 10 ft. 4 ft. Yes Side Yard 5 ft. 0 ft. 0 ft. No Rear Yard 5 ft. 5 ft. 5 ft. No Open Space 25% 30% 30% No Paved Street Width 28 ft. 28 ft. 24 ft. Yes Curb Type 6 -in. curb & gutter 6 -in. curb & gutter 1 ft. ribbon curb Yes Parking Requirement 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) Com: 1:250 sf. 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) Com: 1:250 sf 2/ unit (2 bedroom) 1/5 units (guests) Com: 1:355 sf. Yes Sidewalks 5 ft. on both sides or 6 ft. on both sides of private streets 5 ft. on both sides or 6 ft. on both sides of private streets 6 ft. sidewalk on one side of the private street Yes `RS-TH" District standards are applied in the "RM -AT" District in the cases of Townhome Developments. Staff Report Page 3 Existing Land Uses & Zoning: The subject property is currently zoned "CR-1/IO" Resort Commercial with the Island Overlay and is vacant land. To the west is Packery Channel). To the north, several rezoning cases have occurred since 2011. Approved rezoning included two Planned Unit Developments (PUD) in 2013 and 2015. Other properties in close proximity to the north include "CR-1/IO" Commercial Resort with the Island Overlay and "RM-AT/IO" Multifamily AT with the Island Overlay properties. Both "CR-1/IO" and "RM-AT/IO" properties allow apartments and overnight accommodation uses. To the south are properties zoned "RM-AT/IO" Multifamily AT with the Island Overlay and consist of high density residential (i.e. condominiums and townhomes) developments. Lastly, to the east across Leeward Boulevard are properties zoned "RM- AT/IO" Multifamily AT with the Island Overlay and also consist of high density residential (i.e. condominiums and townhomes) developments. Additionally, one Planned Unit Development was approved and constructed in 2013. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. However, the property will be replatted as part of the Planned Unit Development (PUD) rezoning process. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang/Padre Island Development Plan (ADP). The proposed rezoning to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development is consistent with the adopted with the Mustang/Padre Island ADP. The proposed rezoning is also consistent with the following policies of the Comprehensive Plan: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Tourist -oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). • The designation of "Mixed Use" in the Future Land Use Plan expresses the City's desire to mix residential and non-residential uses. (Policy Statement B.10). Department Comments: • The proposed rezoning is compatible with the Future Land Use Map, PIanCC, and the Mustang/Padre Island Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. Staff Report Page 4 • The property is currently vacant, zoned "CR-1/IO" Resort Commercial with the Island Overlay, and has never been developed. • Surrounding properties have been rezoned within the past thirteen years indicating a pattern towards high density residential and commercial development. The zoning pattern is in line with a PIanCC policy statement of creating urban villages and accommodating continuous growth. • The PUD will allow Daily, Weekly, and Monthly rentals. The current "CR -1" Resort Commercial District with the Island Overlay allows this use today. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. Additionally, PUDs are encouraged in the Mustang/Padre Island ADP. • Staff finds that the proposed deviations are acceptable and the request has been approved by the Technical Review Committee (TRC). • The subject property is located in a "Vinyl Not Allowed" area. Planning Commission and Staff Recommendation (July 12, 2017): Approval of the change of zoning from the "CR-1/IO" Resort Commercial District with the Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Aruba Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. 2. Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 14.25 dwelling units per acre. 3. Parking: The property must have a minimum of 2 parking spaces (9 feet wide by 18 feet long) per dwelling unit. Parking standards for any commercial uses are set a 1 parking space for every 355 square feet of gross floor area. Parking is prohibited within the private street and pedestrian walkways. 4. Setbacks and Lot Width: Minimum front yard setbacks for all lots shall be seven feet and on a corner four feet. Minimum width for townhouse lots shall be 16 feet. 5. Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 6. Private Street Access: The 2 -way private access drive shall not be less than 24 feet and the 1 foot ribbon curb shall be striped or marked to indicate "Fire Lane/No Parking." 7. Pedestrian Access: Sidewalks shall be 6 feet wide on one side of the private street and shall be constructed and maintained as identified on the master site plan. Staff Report Page 5 8. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 9. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Public Notification Number of Notices Mailed — 84 within 200 -foot notification area 8 outside notification area As of July 7, 2017: In Favor — 2 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Planned Unit Development (PUD) Guidelines and Master Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-06 Aruba Bay Resort, LLC. - PUD\Council Documents\CC Report_0617-06_Aruba Bay Resort, LLC..docx R-2 0 r7 SUBJECT PROPERTY CASE: 0617-06 & NOTICE AREA 1191-1 Murrasri ly 1 191-2 MJ ^•-i y 2 PMI -S MJ ON Profess }-__~_ .. 191 -Ar Mali' rir CN -1 Neighbor roodnerD CN -2 Neigkbwheed €,o_ CR -1 Resell Ciminero CR -2 CQ -1 CG -2 CI CBD CR -3 FR H BP Re seri Cow mer° r. General Canine General Conner Irian sive Connier,.• Dewnlown Connerolal Ruse rl Cow menaNl Farm Rural Irslerld Ove rly IN liras 1 Park L Light Induatr.a, lir Ho-cvy Industrial PAID Planned Will Ddu Overlay RA -1 !"nni-Famlli 10 R!4 0k—Tamllye R.1_1. E. = hole-Tamlpl • .r - Two -Family • .1a 1.In0H-Family is RE Re side nils l E Male RUTH MAY nhome bP RV Ipeolar Parmll liacreatI nal Vehicle Pari[ _ _ :,r•ed Home ihth 2'}:r Sri AOrnes 421I12W.11>tad ov a -feed oenes"ip Mare Ch nes Moor X Jrnes ,r opposMs Lae C. _ d: &=3 7:271 7 Q.rat 6y: Jaar,r:aS: Daptn-1 a9ralagnrarr,Sanrl:gs SUBJECT FRO PERT Y LOCAflOfi MAP ARUBA PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND, CORPUS CHRISTI, TEXAS OWNER ARUBA BAY RESORT, LLC SUBMITTED BY HANSON PROFESSIONAL SERVICES, INC. ENGINEER: CRAIG B. THOMPSON, P.E. SOUTH TEXAS PRIME DESIGN GROUP, INC. DESIGNER: JON HALL JUNE 2017 HANSON: 16E0337 HANSON Engineering 1 Planning 1 Allied Services 4501 Gollihar Road, Corpus Christi, Texas 78411 ■ Tel 361-814-9900 ■ Fax 361-814-4401 ■ www.hanson-inc.com CONTENTS DEVELOPMENT DESCRIPTION 3 DEVELOPMENT LOCATION MAP 3 ADJACENT LAND USE AND ZONING 3 LOT LAYOUT 4 DEVELOPMENT DEVIATIONS 5 DEVELOPMENT GUIDELINES 5 OPEN SPACE LAYOUT 8 VEHICULAR AND PEDESTRIAN ACCESS 9 PARKING REQUIREMENTS 10 TYPICAL CROSS SECTION 10 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 2 DEVELOPMENT DESCRIPTION The Aruba Planned Unit Development (PUD) consists of a Master Site Plan of 3.65 acres, being all of Lots 17, 18, 19, and 20, Padre Island -Corpus Christi Section C, of Volume 34, Pages 133 M.R.N.C.T. and all of Lots 1 and 2, Block 1, Padre Island -Corpus Christi Section E, of Volume 38, Pages 25-26, M.R.N.C.T., at the intersection of Aruba Dr. and Leeward Dr. on Padre Island. The development is a planned community that will consist of 52 single-family lots, 3 common areas lots, and 1 commercial lot. The property currently sits on low density residential and vacant land and is currently zoned Resort Commercial (CR-1/IO). The Future Land Use Plan designates the area as mixed use. The proposed zoning is RM-AT/IO/PUD. The proposed density will be 1 unit for every 2522 square feet per the residential and common area lots. DEVELOPMENT LOCATION MAP Google Maps Imagery Date: March 2017 ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 3 CURRENT LAND USE ZONING North of Property Vacant CR -1, CR -2, RM -AT South of Property Medium Density Residential RM -AT East of Property Medium Density Residential RM -AT West of Property Vacant CR -1, CR -2, RS -6 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 3 LOT LAYOUT The following is the Lot Layout for the development: LOT PROPERTY BOUNDARY UNE Vt 1c Q RESIDENTIAL LOT COMMON AREA LOT 11 Q COMMERCIAL LOT PUD BOUNDARY / / 7ROPERTY /BOUNDARY UNE LO T 16 LO T 15 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 4 DEVELOPMENT DEVIATIONS The following table indicates the Development Deviations for the Residential Lots: DESCRIPTION UDC- ZONING/PLATTING ORDINANCE REQUIREMENTS (RS-TH) PUD REQUIREMENTS Lot Area in Square Feet Minimum = 2,600 Maximum = N/A Minimum = 1,490 Maximum = 4,000 Lot Width at Front Yard Requirement Line in Feet Minimum = 26 Maximum = N/A Minimum = 22 Maximum = N/A Right-of-way / Access Easement 50 feet Minimum = 24 feet Pavement Width in Feet Minimum = 28 Minimum = 24 Yard Requirements (Minimum in Feet) Street — Non -Corner 10 Minimum = 7 Street—Corner 10 Minimum = 4 Side — Single 0 0 Side — Total 0 0 Rear 5 5 Curb Type Standard 6" Curb and Gutter 1' Ribbon Curb Sidewalk 5' width on both sides 6' sidewalk required when on one side of road The following table indicates the Development Deviations for the Common Area Lots: DESCRIPTION UDC- OPEN AREA PUD REQUIREMENTS Parking requirement per Parks and Open Area in Square Feet 1 per 10,000 SF outdoor lot area 1 per 10,360 SF* * — The development is designed to be walkable and the common areas are intended for the residences only. The following table indicates the Development Deviations for the Commercial Lot: DESCRIPTION UDC- COMMERCIAL PUD REQUIREMENTS Parking requirement per Retail Sales and Service in Square Feet 1 per 250 SF 1 per 355 SF DEVELOPMENT GUIDELINES The fol owing tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER LOT NUMBERS Residential Lot(s) 1 1-52 Common Area and Access Easement Lot(s) 1 53-55 Commercial Lot 2 1 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 5 RESIDENTIAL LOTS DESCRIPTION REQUIREMENTS Usage Residential Open Space- Percent Minimum 30 Building Height — Maximum in Feet 45 Building Spacing — Minimum in Feet 10 Parking Requirement Per Unit Minimum = 2 Maintenance Lot Owner and/or Home Owners Association (HOA) Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavements, fencing, landscaping, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, and landscaping. Rental Daily, weekly, and monthly rentals are allowed COMMON AREA LOTS DESCRIPTION REQUIREMENTS Usage Non -Residential Structures supporting the Community Lot Area in Square Feet Minimum = N/A Maximum = N/A Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non -Corner 7 * Street—Corner 7* Side —Single 0 Side —Total 0 Rear 5 Building Height — Maximum in Feet 1 -story Building Spacing — Minimum in Feet As per International Building Code Landscape Requirement Will be determined during building permitting. Maintenance Home Owners Association (HOA) Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. * — Yard requirement is for Block 1, Lot 53 and 55 only. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 6 COMMERCIAL LOT DESCRIPTION REQUIREMENTS Usage Commercial Lot Area in Square Feet Minimum = N/A Maximum = N/A Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street — Non-Corner 18 10 Street—Corner Side —Single 0 Side —Total 0 Rear 5 Building Height — Maximum in Feet N/A Building Spacing — Minimum in Feet As per International Building Code Landscape Requirement Will be determined during building permitting. Maintenance Lot Owner Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 7 OPEN SPACE LAYOUT The fol owing is the Open Space Layout for the development: OPEN SPACE CALCULATION QUANTITY (SQUARE FEET) QUANTITY (ACRE) Total Area of PUD 159148 3.65 Total Non -Open Space (Impervious Area) 1,2,3 107053 2.46 67% Total Open Space (Pervious Area) 4 52095 1.19 33% 1 Constructed building area 2 Driveway area LDT 3 Area of all Pavement and Sidewalk Minimum Open Space required is 30% °91\89 pAyrQ '''rk OFEN SPACE \ Vi STREET PAVEMENTS CRIVEWAY% SCEVOLK 8/� 1 ' i LOT16 / / HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 8 VEHICULAR AND PEDESTRIAN ACCESS The Vehicular and Pedestrian Access for the development is indicated below. The entrances into the development will provide a 24 foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 24' wide from back -of -curb to back -of -curb. The development will provide 6' sidewalks on one side of the road to promote walkability and access to future amenities as indicated. Vehicular access onto Block 1, Lots 18-25 and 55 from Leeward Drive and onto Block 1, Lots 25-36 from Aruba Drive is prohibited. 0 1z 1A PARKING AREA (9'x 18' SPACES) 16' SIDEWALK R48' [20' WIDE EMERGENCY MOVEMENT APPROXIMATE (10'x15') DUMPSTER LOCATION WITH REQUIRED SCREENING 6' SIDEWALK .f/ RG By il PARKING AREA F�qy , , (i)' 9x18 SPACES) , \ PARKING AREA \ ,`,,,\ \ ,,,, PARKING AREA 1 R28' (9'x18' SPACES) ' (9'x 1$ SPACES, 1 �' PARKING AREA \ �/ (8'x21' \\ � SPACES) / \"-;' 1/%4°2 6SIDEWALK �/' 1 0, /O Afelpistom goo / ir / ,, / , PARKING AREA `�' (9'x18' SPACES) HSTREET PAVEMENT & DRIVEWAY SIDEWALK PUD BOUNDARY LOT 16 HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 9 PARKING REQUIREMENTS The following is the Parking Requirements for the development: LOT TYPE REQUIREMENTS QUANTITY OF LOTS QUANTITY OF PARKING REQUIRED QUANTITY OF PARKING PROVIDED Residential 1 2 per unit 52 104 104 Residential - Guest Parking 1 1 per 5 units 52 11 41 Common Area 1 per 10,360 SF 3 4 4 Commercial 1 per 355 SF 1 10 10 Total: 129 159 1— Parking can be provided within the unit or anywhere within the limits of the development. TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: NOTE: The Right of Way is a Private Access Easement and Private Utility Easement. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 10 Cross Section A PL BL I � X15' UE -4011P- Cross Section B 6' SIDEWALK 1' CURB 30' ROW PL 6' !BL 15' UE 1' CUIB- 22'PAVEMENT- 6' Cross Section C 22 PAVEMENT 23' 18' BL PL PL 30' ROW 15' UE 6' SIDEWALK - 18' DRIVEWAY 7' BL/UE 1' CURB 1' CURB - 22' PAVEMENT HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 11 Cross Section D A, IF 1r PL PL 23' 18' BL 1-15' UES 30° ROW 6' SIDEWALK - 18' DRIVEWAY - 1' CURB 1' CURB- - 22' PAVEMENT Cross Section E PL 6' BLUUE CURB 41' ROW PL 11.0' PAVEMENT PAVEMENT 8' PARKING 1' CURB 23' 18'BL 15' UE --I rag 6' SIDEWALK 18' DRIVEWAY -I-- Cross Section F 23' PL PL I- ; 18' BL 15' UES i 1' CURB �r18' DRIVEWAY 30' ROW 18' BL_ -1 -15' UE -H J fr 1 11' PAVEMENT PAVEMENT' 6' SIDEWALK --1' CUFB 18' DRIVEWAY -I- HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 12 Cross Section G -1' CURB 1' CURB-.- 22' URB- 22' PAVEMENT PL 23' 18' BL -� 1S' UES i 6' SIDEWALK --18' DRIVEWAY For illustration purposes only. Residential structures may vary. HANSON ARUBA PLANNED UNIT DEVELOPMENT (PUD) Page 13 NE"Al2I97 8,451E145484 0705 RE ED o-04 E D -1992 / BAB' N,"' 19"W 46.82' 2007"Arr (EL9) ,� AS PER PANEL 485464 0405 REVISED 9-17-1992 ARUBA DRIVE 60' RIGHT-OF-WAY LEGEND• N 80250020020 - - DE. 0;11 'ROAD CENTERLINE ✓l 0 20 40 aL0EK3YMa0L Zy 11 FT11 PUBLIC EASEMENT CROSSINGLOT UNE .- PRIVATE EASEMENT ON UTIUTY EASEMENT U E FEMA FLOOD ZONE BNDY M R MAP RECORDS YARD REQUIREMENT Y R D R DEED RECORDS FIRE STRIPING MOORING LINERIOHTOF wav 9 ZONE "A13". (EL 9)69 AS PER PANEL 465494 0705 D r2.2„.,{ % REVISED 5<1999 _tel �� �aaainwrJ 2091E "2116 (EL 9') AS R PANEL 405464 0405 REVISED 9-121902 ,3O 29 i s OZ 2s n °h92ti °°'P '70 -7, Fv WIN MMUN AREA PaNv e_CCESS MEM B. p• NAT -'1 - 111111111 24' 47"E 290.39' GENERAL NOTES TOTAL PLATTED AREA CONTAINS 3 85 ACRES OF LAND INCLUDING PRIVATE STREET. 2. ALL BEARINGS ARE GRD BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD 1983). ELEVATIONS ARE BASED ON NGV029. 3. A 5/8" DIAMETER BY 18" LONG IRON ROD VNTH RED PLASTIC CAP STAMPED"NAISMITH ENG. C C., TX." VNLL BE SET AT ALL PLAT CORNERS, BLOCK CORNERS, LOT CORNERS, POINTS OF CURVATURE, AND POINTS OF TANGENCY, UNLESS OTHERVMSE NOTED. THIS SURVEYOR CANNOT CERTIFY AS TO UN -RECORDED EASEMENTS AND/OR RIGHT-OF.WAY THAT MAY MPACT THE SUBJECT PROPERTY AND ARE NOT VISIBLE AND APPARENT. CAUTION MUST BE TAKEN VNTH PIPELINE MARKERS INDICATING BURIED LINES NOT ON RECORD. m oa S71° LOT 16 Im PADRE ISLAND -CORPUS CHRISTI -SECTION C :LR VOLUME 34. PAGE 133 M. R.N. C. T. INCHES ABOVE THE LOWEST ADJACENT TOP OF CURB (OR CROWN OF ROAD IF UNCUR0EG), WHICHEVER IS HIGHER. RECEIVING WATERS THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IST E LAGUNA MADRE. THE TME° HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE LAGUNA MADRE AS "EXCEPTIONAL" AND "OYSTER WATERS". THE TME° HAS ALSO CATEGORIZED T E LAGUNA MADRE RECEIVING WATER AS "CONTACT RECREATION" USE. FEMA INFORMATION. PLOTTING THE PROPERTY BY SCALE ON EFFECTIVE FLOOD INSURANCE RATE MAP COMM UNITY -PANEL NO. 485484 04050 MAP REVISED SEPTEMBER 17, 1992, INDICATES THE PROPERTY IS LOCATED IN FLOOD ZONE 011 NNTH ELEVATION OF e') AND ON COMM UNITY -PANEL NO. 405494 07050, MAP REVISED MAY 4, 1992, INDICATES THE PROPER, IS LOCATED IN FLOOD ZONE Ata VNTH ELEVATION OF 99, DEFINED AS AREAS OF 100 -YEAR FLOOD BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS DETERMINED. THE YARD REQUIREMENTS ARE AS DEPICTED AND BASED ON THE PUO. 10. IMPROVEM ENTS N EWCON STRUCTIONI NASPECIAL FLOODHAZARDARE30000=INEDBYFEMA, MUST H"E00FL0 10.1. LOTS MINIM U ION (0= FLOOR ELEVATION FOR HABITABLE LIVING SPACE AT ORABOVE THE B0SE FLOOD 10.1.1.0. 0 NGLE-FAMILY- 53208(,)1-92100,3152" BLOCK IJ ELEVATION(BFEJ PER THE CURRENTAPPLICABLE FLOOOINSURANCE RATE MAP (FIRM), OR 18 10.1.1 B. COMMON AREA- BLOCK:1 41,434 SFJ 55 CO"s"P"f REA 3305E 4 VIII¢ ncE2 0 WIo Curve Table Curve # Length Radius Delta Chord Direction Ch tlL g 01 25.03 80.00 17.93 S56 28' 35'6 24.93 C2 39.04 76.34 29.30 N50"47.21"W 38.62 C3 130.00 245.02 30.40 551.20.20T 128.48 Cd 15.71 10.00 90.00 N21. 32'26"W 14.14 Cs 54.07 150.58 20.57 53.76 C6 150.39 667.77 12.90 150.07 C7 2.59 245.02 0.58 536"25'53"E 2.50 C8 28.06 245.02 6.57 S40' OM 23"E 28.06 C9 22.33 245.02 5.22 S45'5, 01"E 22.32 C10 22.79 245.02 5.33 851" 10' 32"E 22.78 C11 12.10 245.02 2.83 555"15'15"E 12.09 C12 27.20 245.02 6.36 559' 50.55T 27.19 C13 15.01 2.13.2.1 3.54 566'47'24"E 15.01 C14 16.61 150.58 6.32 C15 22.24 150.58 8.46 N12. 40.06,V 22.22 C16 15.22 150.58 5.79 N19. 47' 45"W 15.22 C17 0,56 667.77 0,05 N20" 4.1' 27'AV 0.56 C12 149.83 667.77 12.86 149.52 C19 21.99 14.00 90.00 N8" 51.41"E 19.80 C20 13.80 26.00 30.40 N51. 20'23"W 13.63 C21 4.12 10.00 23.58 378' 19. 4, 4.09 17.21 20.00 49.30 16.68 C23 4.25 26.00 9.36 566. 441 ONE 4.24 C24 18.74 26.00 41.29 541.24'3TE 18.34 C25 67.73 52.00 76.62 516" 32' 5811/6 63.04 C26 31.42 20.00 90.00 S81 08'19'6 28.28 C27 27.12 56.90 27.74 550" OP 39"E 26.85 C28 254 56.60 2.60 565"10.55"E 254 C29 0,06 56.00 0.06 566`30.39T 0.06 22.28 28.00 45.58 21.69 C31 22.28 28.00 45.58 N89. 19.59,V 21.69 032 5.22 28.00 10.67 561" 12' 16"E 5.21 C33 17.16 28.00 35.11 16.89 C34 28.71 28.00 58.74 27.47 C35 7.76 28.00 15.88 N45. 55' 15"E 7.74 1011BA. BLOCK 1, LOT 54- PRIVATE STREET SHALL BE USED AS ACCESS AND UTILTY EASEMENT AND MAINTAINED BY HOME OWNERS ASSOCIATION. 10.1.1E COMMERCIAL 1 (LOT I, BLOCK 2, NOT OWNED BY HOME OWNERS ASSOCIATION) 11. ALL ROADS, SANITARY SEWER LINES, AND COMMON AREAS VMTHIN PRIVATE EASEMENTS WILL BE PRIVATE AND ARE TO BE MA NTAINED BY THE HOMEOWNERS ASSOCIATION. THE CITY HAS NO OBLIGATION OR INTENTION TO EVER ACCEPT SUCH STREETS AS PUBLIC RIGHT -OF -WAV. 12. THE HOME OWNERS ASSOCIATION AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS ANY GOVERNMENTAL ENTITY FOR DAMAGE TO'. A. PRIVATE STREETS REASONABLY USED BY GOVERNMENT VEHICLES B. INJURES OR DAMAGES TO OTHER PERSONS PROPERTIES OR VEHICLES CLAIMED AS A RESULT OF STREET DESIGN OR CONSTRUCTION 12. REPLACEMENT COSTS OF THE PRIVATE SIDEWALK AND OTHER AMENITIES VMTHIN A PUBLIC UTILITY EASEMENT SHALL BE THE RESPONSIBILITY OF THE HOME OWNER'S ASSOCIATION. 13. THE ARUBA PUD ORDINANCE NUMBER IS XXXX-XX. 14. VEHICULAR ACCESS SHALL BE PROHIBITED ONTO LOTS 1325 AND 55, BLOCK 1 FROM LEEWARD OR. AND LOTS 25-38, BLOCK 1 FROM ARUBA OR. Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen Ia intencion de asistir a este junta v que requieren servicios especiales, se les surplice que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante Ia junta y su irides es limitado, favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0617-06 Aruba Bay Resort, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "CR -1110" Resort Commercial District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Padre Island -Corpus Christi, Section C, Lots 17 thru 20 and Padre Island -Corpus Christi, Section E, Block 1, Lots 1 and 2, located along the west side of Leeward Drive at the intersection with Aruba Drive, and north of Windward Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 12, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: i r- /1 -� Address: ice/ r le Quite'/ iv (Z 17" /0 / City/State: C�� Qr�� �� /! 041N FAVOR ( ) IN OPPOSITION Phone: Z,Ligj xn ?-656, REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1017 Property Owner ID: 13 2:? Signature 193/x.017 Case No. 0617-06 Project Manager Andrew Dimas Email: AndrewD2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 13 054600010101 HICKS RICHARD A 15110 Leeward Dr Apt 101 Corpus Christi, TX 78418 LIS. POSTAGE >i PITNEY BOWES ! -- .=0,X111 ZIP 784 $ 000.46° 02 4vr 0000340617 JUN 30 2017 CR -2 SUBJECT PROPERTY CASE: 0617-06 SUBJECT PROPERTY WITH ZONING ® fr mpeProperty 4.1 ..a.11.Ie I 4.r •.f welt 1 4.1 ■ 1.1411, l OY MSII•.m DON. 4.41 ■forum• 11 C11.1 .I p.I11 DIDO Cf0.4,4; 01.1 III•.IMMII Df0.414t p.1 0.N4 C.nn.h.l 00.1 Dawn Darman•! W1 001111C0114IN$ D33 en.r11 Doom. rya Ca •Y.s1..C.nn. rural DSO 00.411.. 0I..*nrs p.1 ..Nrt7.1.4nm n ,.4I.r11 • 41.1w• O 1 111.1.1.**. 0. me,4I1 0037 .ram... {Mt pre Owrn1 O 11D I.yw.r.y Il RBA I.Iwr .l,l O 143 114w04l1 41 O 0.11 I.a.famq O 111 Ia;.1., It O 1 44.21141II.4. 11114 ro.ee0110 10 Wool 0.r.l M M 44 000rad V14.14 7030 403 •Ir1w/YID .f.. [LOCATION MAP' gOi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidadest gue tienen la intencion de asistir a esta junta v true requieren servicios especiales, se les suplica oue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la junta v su hales es limitado, favor de Ilamar al departamento de servicios de desarrollo al nOmero (361) 826-3240 al menos 48 horas antes de la junta oara solicitar un interorete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0617-06 Aruba Bay Resort, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "CR -1110" Resort Commercial District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Padre Island -Corpus Christi, Section C, Lots 17 thru 20 and Padre Island -Corpus Christi, Section E, Block 1, Lots 1 and 2, located along the west side of Leeward Drive at the intersection with Aruba Drive, and north of Windward Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 12, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: /?/ S ir Address: /57(0 LAC, Pax/4 \ /0 / CitylState: ar.ts' ar 5r (vN FAVOR ( ) IN OPPOSITION Phone: � S `7� 7'�! Z. L CP REASON: .) Id r'LZ I` Aci vie r„ r/r/�i re=5— f Om y& Vai,4 2 rrt- (` , SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1017 Property Owner ID: 33 Signature 7/D3 ad(7 Case No. 0617-06 Project Manager: Andrew Dimas Email: AndrewD2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 33 054600010101 HICKS RICHARD A 15110 Leeward Dr Apt 101 Corpus Christi, TX 78418 U S. POSTAGE )>PITNEY BOWES ZIP 78412 $ 000.460 02 411 0000340617 JUN 30 2017 CR.2 ro SUBJECT PROPERTY CASE: 0617-06 SUBJECT PROPERTY WITH ZONING 17711 54e1/C' Prrp&y d 1 141 4 0Y 4.4 11 C.•1 40.4 22 .1 0.•i ma CO 2 44 17/0 ns 7.r 1. 2.1.401, t 1.•144014040 1 . *41440.141 1.4214210.0 0211. ■.1.4014 •1 7421.47..1 C•.44T4u ..211.4.... 0.441•2114 b.Nn ▪ n C.ah.r..1 04•2142C2.4.1,111422 117..•. CaO.•rr. 0.41(018,0.4.7.4. 0011201 80.04410 141211 C...1M 40.1. 140.1 O 110420.40.1 1.1...2..8 a. u 11111161410 • ••m .1211.1401. . YC 70.../ 401 Do ?v.* 111.•0 11442.40..4 11 1114 1044.1...!• ■ .144 221101/1.2.4 7.1 . 14. 1.. fa.0 • 2• 400t140y '1 10 44..12N2 J.IO. 111.111 101'010111 14 47.10 141.1 M 407.11801721 MCI* PIP 4211 2x.11.11.7.1111• LOCMiON 11,1.4P' IW Ciryol Zoning Case #0617-06 Aruba Bay Resort, LLC. From: "CR -1" Resort Commercial District To: "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay City Council Presentation August 8, 2017 Aerial Overview Subject Property at 15057 Aruba Drive N At PUD Layout GOOPEI 600110.,44,0 \ LME �i y UNOMV S ME NEM)BIi k IOi \\ �( Q CdMpIMWtOT Q. O' Q CObfoC1K l01 % S�®,..__ �P7(1Z PU011101M_ RY 4 PUD Layout Master Site Plan N36° 08' 19°W 46.82' ,,.- MARUBA DRIVE f 60' R!GHT-nF -WA V N66° 3T 26°W r.rt SM.- . 1 ASPER NMI 46. OHM. ROMA MVP T5� a ti 6 Utility Plan No No Yes Yes Yes Yes No Yes Yes No Yes Minimum Lot Width Front Yard 5,000 sf. 50 ft. 20 ft. Front Yard (Corner) Deviation Table Minimum Dimensions "RM -AT" District Standards "RS-TH" District Standards Proposed PUD Deviation Lot Area Side Yard 10 ft. 5 ft. Rear Yard Open Space Paved Street Width Curb Type Parking Requirement Sidewalks 5 ft. 25% 28 ft. 6 -in. curb & gutter 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) Com: 1:250 sf. 5 ft. on both sides or 6 ft. on both sides of private streets 1,600 sf. 16 ft. 10 ft. 1,490 sf. 22 ft. 7 ft. 10 ft. 4 ft. Oft. 5 ft. 30% 28 ft. 6 -in. curb & gutter 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) Com: 1:250 sf 5 ft. on both sides or 6 ft. on both sides of private streets Oft. 5 ft. 30% 24 ft. 1 ft. ribbon curb 2/ unit (2 bedroom) 1/5 units (guests) Com: 1:355 sf. 6 ft. sidewalk on one side of the private street 8 Zoning Pattern Staff Recommendation Approval of the "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 8, 2017 Second Reading for the City Council Meeting of August 15, 2017 DATE: July 14, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Public Hearing and First Reading Property located at 3701 Airline Road CAPTION: Case No. 0617-02 Margaret A. Markins and Linda Kay Cox: A change of zoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District. The property is described as being Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, located along the west side of Airline Road, north of Lipes Boulevard, and south of Saratoga Boulevard. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of a small retail center approximately 10,000 square feet in size. RECOMMENDATION: Planning Commission and Staff Recommendation (June 28, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District. Vote Results: For: 7 Against: 0 Absent: 2 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District to allow for the construction of a small retail center approximately 10,000 square feet in size. The proposed rezoning to the "CN -1" Neighborhood Commercial District is inconsistent with the adopted Future Land Use Map. However, the proposed rezoning is consistent with PIanCC, the Southside Area Development Plan, and past rezoning decisions. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is inconsistent with the adopted Future Land Use Map. However, is consistent with PIanCC, the Southside Area Development Plan, and past rezoning decisions. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 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 Margaret A. Markins and Linda Kay Cox ("Owner"), by changing the UDC Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, from the "FR" Farm Rural District to the "CN -1" Neighborhood 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 Margaret A. Markins and Linda Kay Cox. ("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, a public hearing was held on Wednesday, June 28, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District, and on Tuesday, August 8, 2017, 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 Margaret A. Markins and Linda Kay Cox ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, located along the west side of Airline Road, north of Lipes Boulevard, and south of Saratoga Boulevard (the "Property"), from "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District (Zoning Map No. 042031), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-02 Margaret A. Markins and Linda Kay Cox\Council Documents\Ordinance_0617-02_Margaret A. Markins and Linda Kay Cox.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-02 Margaret A. Markins and Linda Kay Cox\Council Documents\Ordinance_0617-02_Margaret A. Markins and Linda Kay Cox.docx Page 3 of 3 r t " ,V4r4,:f WALL ST 14P4fir* 4147 UBJECT 441 FRS-604ff It#4744747 PROPERTY Y� a FR 800 Feet CG -2 0 Date Created: 6/7/2017 Prepared By: JeremyM Department of Development Services CASE: 0617-02 SUBJECT PROPERTY WITH ZONING Subject Property 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 m 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 LOCATION MAP • YOR�TO`y N.6,,4` Oso Cayo Del Oso WIN City of Corpus Christi or/ Exhibit A PLANNING COMMISSION FINAL REPORT Case No. 0617-02 INFOR No. 17ZN1020 Planning Commission Hearing Date: June 28, 2017 Applicant & Legal Description Owner: Margaret A. Markins and Linda Kay Cox Applicant/Representative: Elaine Hoffman Location Address: 3701 Airline Road Legal Description: Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, located along the west side of Airline Road, north of Lipes Boulevard, and south of Saratoga Boulevard. Zoning Request From: "FR" Farm Rural District To: "CN -1" Neighborhood Commercial District Area: 3.91 acres Purpose of Request: To allow for the construction of a small retail center approximately 10,000 square feet in size. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "FR" Farm Rural Vacant Medium Density Residential North "RS -6" Single -Family 6 and "CN -1" Neighborhood Commercial Low Density Residential and Vacant Medium Density Residential South "FR" Farm Rural,Medium "RM -2" Multifamily 2 and a Drainage Ditch Vacant, and High Density Residential DensityDrainage, Residential and Mixed Use Eastand "CG -2" General Commercial "FR" Farm Rural Low Density Residential and Vacant High Density Residential West "RS -6" Single -Family 6 Low Density Residential and Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is inconsistent with the adopted Future Land Use Map which calls for medium density residential. Map No.: 042031 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 930 feet of street frontage along Airline Road which is designated as an "Al" Minor Arterial Undivided Street. § 1- •O L Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Airline Road "Al" Minor Arterial 95' ROW 64' paved 90' ROW 70' paved 3,301 ADT (2013) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District to allow for the construction of a small retail center. Development Plan: The subject property is comprised of 3.91 acres and is proposed to be a small retail shopping center approximately 10,000 square feet in size. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural and is vacant land. To the west are single-family residences (Manhattan Estates Subdivision) zoned "RS -6" Single -Family 6 District. Manhattan Estates was zoned to the "RS -6" Single -Family 6 District is 2005 and the homes that share a property line with the subject property were constructed between 2007 and 2010. To the north, rezoning cases occurred to the "CN -1" Neighborhood Commercial District and the "RM -3" Multifamily District in 2005 for the construction of an apartment complex and shopping center. The apartment complex was constructed and is currently operating. However, the adjacent proposed shopping center has yet to be constructed and the 3.38 acre property remains vacant. To the south across Lipes Boulevard a property was rezoned to "RM -2" Multifamily 2 District in 2012 for the construction of an apartment complex. To the south a rezoning occurred to the "CG -2" General Commercial District in 2015. The apartment complex is in the process of completion. To the east a rezoning occurred in 2015 to the "CG -2" General Commercial District. The proposed use was a large retail center which has not yet been developed. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial is inconsistent with the Future Land Staff Report Page 3 Use Map. However, the proposed rezoning is consistent with the following policies of the Southside ADP and PIanCC: • Encourage the protection and enhancement of residential neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Support planning to explore the idea of creating urban and neighborhood villages at major intersections as identified by the mixed-use category in the Future Land Use Map (Future Land Use, Zoning, and Urban Design Policy Statement 2). • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Support the separation of high-volume traffic from residential areas or other noise -sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The "B-1" Neighborhood Commercial and other commercial zoning regulations, in concert with the Comprehensive Plan policies, should be reviewed and revised as necessary to control the size and use of commercial centers so they remain in scale with their surrounding uses and highway carrying capacity (Policy Statement B.4). Department Comments: • The proposed rezoning is incompatible with the Future Land Use Map. However, the proposed rezoning is compatible with PIanCC and the Southside Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The property is currently vacant and is a remaining "FR" Farm Rural tract and has never been developed. • Surrounding properties have been rezoned within the past twelve years indicating a pattern towards commercial development. The pattern is in line with a PIanCC policy statement of creating urban villages. • While Medium Density Residential uses are indicated on the Future Land Use Map, the size, shape, and limited access to a residential street are not conducive to a single-family development. A proposed small single-family development would only have access to Airline Road which is designated as an "Al" Arterial Street. • If the "CN -1" Neighborhood Commercial District is approved, the retail development will still need to abide all requirements of the Unified Development Code (UDC). Specific requirements would entail buffer yards and additional setbacks. Additionally, the "CN -1" District does not allow bars, pubs, taverns, or nightclubs. Staff Report Page 4 Planning Commission and Staff Recommendation (June 28, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District. Vote Results: For: 8 Opposed: 0 Absent: 0 Abstained: 1 Public Notification Number of Notices Mailed — 37 within 200 -foot notification area 4 outside notification area As of June 23, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 1.22% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0617-02 Margaret A. Markins and Linda Kay Cox\Council Documents\CC Report_0617- 02_Margaret A. Markins and Linda Kay Cox.docx r t " ,V4r4,:f WALL ST 14P4fir* 4147 UBJECT 441 FRS-604ff It#4744747 PROPERTY Y� a FR 800 Feet CG -2 0 Date Created: 6/7/2017 Prepared By: JeremyM Department of Development Services CASE: 0617-02 SUBJECT PROPERTY WITH ZONING Subject Property 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 m 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 LOCATION MAP • YOR�TO`y N.6,,4` Oso Cayo Del Oso WIN City of Corpus Christi or/ Exhibit A Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, cue tienen la intencion de asistir a este junta v que requieren servicios especiales, se les suplica Que den aviso 48 horas antes de la junta Hernando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la junta v su irides es limitedo, favor de Hamar al departamento de servicios de desarrollo al nUmero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0617-02 Margaret A. Markins and Linda Kay Cox have petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Flour Bluff and Encinal Farm and Garden Tract, Section 20, 5 acres out of Lot 26, located along the west side of Airline Road, north of Lipes Boulevard, and south of Saratoga Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 28, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person, by telephone call or by letter. Printed Name: jeLi, Address: 3 7 e5) `2.. jA4J 1) City/State:c ( ) IN FAVOR (gIN OPPOSITION Phone: REASON: r p� t e�r-�, � -�a S� 1 e. ae--,142--10 pMe-f4 sa if- w u 9e7 OOf- pP b u5,.-. -S5 a Cr?2-cA-e- b Lakt SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1020 Property Owner ID: 33 Case No. 0617-02 Project Manager. Andrew Dimas Email: AndrewD2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 33 474900030260 SHAFFER JOHN C AND WFE VICTORIA L SHAFFER 3702 BERKLEY DR Corpus Christi, TX 78414 HALL sr } 1 U.S. POSTAGE >> PITNEY BOWES ZIP 78412 $ 000.46° 02 411 0000340617 JUN 16 2017 cri • Cn Prepared ay w rr.ry.1 ennorm of Orm!opm•nr Services CASE: 0617-02 SUBJECT PROPERTY WITH ZONING Subject Property Ria -1 Multifamily 1 RM r Mumumny 2 RN a LWRH1mlly i O R Professions. {Mlle• RN AT MLLltnam ly AT CN i. Ile IBhOorhood Commercial CN•2 Nelelhtrarlwod Commercial CR Retort Commercial CR -T Resort Commertlel CG -1 General Cemmemlel CO 2 General Commercial O Intensive Cammerc. CIO Oaf ntpwn Commeralel CR.] ResorI Commercial FR I arm leure1 N Na,dnc Overlay IP Business Pare R. LIIMIndusOla. M Meavy lnduerrlm PVD Planned Von Gov. Overlay RS 10 Slple,ranrrry 10 R54 Single -Fore N RS -11 S Stogie FamRy t E RS TF Too•Famlly RS 11 L1ngle.Famlly 11 RE Rnrdertus Elders RS -TN Rosenbaum. SP Special Period Ru Recreational Vehicle Par% RN!. ebwiaclured Nome • • 0 eat SUBJECT. PROPERTY LOCATION MAP CILyor Corpus Christi Zoning Case #0617-02 Margaret A. Markins and Linda Kay Cox From: "FR" Farm Rural District To: "CN -1" Neighborhood Commercial District City Council Presentation August 8, 2017 Aerial Overview N A Subject Property at 3701 Airline Road Zoning Pattern UDC Requirements Buffer Yards: "CN -1" to "RS -6" Type B: 10110 pts. Noise: 7' Wall Setbacks: Street: 20 feet Side: 0 feet Rear: 2:1 Setback (height) Parking: 1:250 Sf. Net floor area Uses Allowed: Retail, Offices, Apartments *Bars/Nightclubs Not Allowed Staff Recommendation Approval of the "CN -1" Neighborhood Commercial District AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 8, 2017 Second Reading for the City Council Meeting of August 15, 2017 DATE: July 18, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3268 Unified Development Code Text Amendments CAPTION: Ordinance amending the Unified Development Code by revising Table 4.4.3.A "Residential Development (Two -Family and Townhouse districts)", subsection 5.2.14 "Self -Service Storage, Including Boat and RV Storage" and subsection 7.3.12.E "Tree of Palm Requirement"; and providing for severance, penalties, and publication. PURPOSE: The purpose of this item is to update the regulations of the Unified Development Code (UDC) to improve its function and implementation. BACKGROUND AND FINDINGS: The Unified Development Code (UDC) became effective July 1, 2011. As part of the UDC's continued improvement to address the city's development needs, staff has presented several text amendments that have been approved by the Planning Commission and City Council since the adoption of the UDC. Today, staff is proposing the following three text amendments: TOWNHOUSE LOT DESIGN STANDARDS Table 4.4.3 "Residential Development (Two -Family and Townhouse districts)" is being amended by adding the word `lot' to clarify that the minimum square footage and width applies to the square footage and width of the lot not the building. USE REGULATIONS 5.2.14.D "Self -Service Storage, Including Boat and RV Storage" is being amended to eliminate the building height limitation (currently set at 15 feet) in the Resort Commercial zoning districts to allow a taller building that can accommodate larger boats or recreational vehicles. The proposed amendment will also limit the height of lighting to 20 feet similar to the former Zoning Ordinance. The UDC has three Resort Commercial zoning districts: "CR -1" = formerly known as "B-2" Bayfront Business District "CR -2" = formerly known as the "B -2A" Barrier Island Business District "CR -3" = formerly known as the "BD" Corpus Christi Beach Design District The former Zoning Ordinance did not limit the height of boat and RV storage buildings, however, the former ordinance limited the height of any lighting to 20 feet in only in the "B -2A" Barrier Island Business District. The proposed amendment would reinstate the former Zoning Ordinance regulations with regards to limiting the height of lighting and not restricting the height of the building. LANDSCAPING 7.3.12.E "Tree of Palm Requirements" is being amended to correct a typo. "Of" should be "or" — (i.e. Tree or Palm Requirements) ALTERNATIVES: Denial or alteration of the proposed text amendments. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed text amendments conform to City policy. EMERGENCY /NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Unified Development Code by revising Table 4.4.3.A "Residential Development (Two -Family and Townhouse districts)", subsection 5.2.14 "Self -Service Storage, Including Boat and RV Storage" and subsection 7.3.12.E "Tree of Palm Requirement"; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 12, 2017, during a meeting of the Planning Commission when the Planning Commission recommended approval of the proposed UDC amendments, and on Tuesday, August 8, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, convenience, and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. UDC Article 4 "Base Zoning Districts", Table 4.4.3.A "Residential Development (Two -Family and Townhouse districts)" is amended is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below. Table 4.4.3.A Residential Development (Two -Family and Townhouse districts) Townhouse DISTRICT Townhouse Min. Site Area (sq. ft.) Min. Lot Area Per Dwelling Unit (sq. ft.) Front Access 20,000 2,600 Rear Access 2,200 Shared Parking 1,600 Min. Dwelling Unit Lot Width (ft) Front Access 26 Rear Access 22 Shared Parking 16 Min. Yards (ft.) Street Street (corner) 10 10 Side (single) Side (total) 0 0 Rear 5 Min. Building Separation (ft.) 10 Min. Open Space 30% Max. Height (ft.) 45 SECTION 2. UDC Article 5 "Use Regulations", subsection 5.2.14 "Self -Service Storage Including Boat and RV Storage" is amended as stated below. 5.2.14. Self -Service Storage, Including Boat and RV Storage A self-service storage establishment, including boat and Recreational Vehicle Park storage, shall be permitted in accordance with the use tables in Article 4 subject to the following standards: D. In the "CR" Resort Commercial zoning districts, wall -mounted or freestanding lights a storage building shall not exceed 4-5-20 feet in height. SECTION 3. UDC Article 7 "General Development Standards", Section 7.3 "Landscaping," subsection 7.3.12.E is amended as stated below. 7.3.12. Measured Compliance E. Tree of or Palm Requirement A minimum of 50% of all required points shall be achieved through tree or palm plantings. SECTION 4. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Page 2 of 3 K:\DevelopmentSvcs\SHARED\Legistar\2017 CC Agenda Items\8-8-2017\UDC Amendments\Ordinance_UDC Amendments 8-8- 2017.docx That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 3 K:\DevelopmentSvcs\SHARED\Legistar\2017 CC Agenda Items\8-8-2017\UDC Amendments\Ordinance_UDC Amendments 8-8- 2017.docx Unified Development Code Text Amendments City Council Presentation August 8, 2017 Townhouse Standards Townhouse DISTRICT Townhouse Min. Site Area (sq. ft.) Min. Lot Area Per Dwelling Unit (sq. ft.) Front Access 20,000 2,600 RearAccess 2,200 Shared Parking 1,600 Min. Dwelling Unit Lot Width f tti Front Access 26 RearAccess 22 Shared Parking 16 Min. Yards (ft.) Street Street (corner) 10 10 Side (single) Side (total) 0 0 Rear 5 Min. Building Separation (ft.) 10 Min. Open Space 30% Max. Height (ft.) 45 2 Boat/RV Storage Building Height 5.2.14 Self -Service Storage, Including Boat and RV Storage A self-service storage establishment, including boat and Recreational Vehicle Pafk storage, shall be permitted in accordance with the use tables in Article 4 subject to the following standards: D. In the "CR" Resort Commercial zoning districts, wall - mounted or freestanding lights a storage building shall not exceed 4-5 20 feet in height. Sample Impacted Project 15'-0" 21' 0" rr�r�����r�r��rrrrrrrrrrrrrrrrrrrrrr 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1`-_ I T I T I T I T I T I T --.rr ---- ERposed Ret17S — LT}P 2I{ Trial Typ.; -- -• -_ •- rrrrrrrr — — — ti l ti 1 1 1 1 ❑ 1 1 — I I 1 1 ❑ I I — Landscaping 7.3.12.E Tree of or Palm Requirement A minimum of 50% of all required points shall be achieved through tree or palm plantings. Recommendations Planning Commission and Staff recommend approval of the proposed amendments to the Unified Development Code. AGENDA MEMORANDUM First Reading Item for the City Council Meeting of August 8, 2017 Second Reading Item for the City Council Meeting of August 15, 2017 DATE: July 12, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3464 Authorization of a Lease Agreement for the 2017 Arts Alive! Event CAPTION: Ordinance authorizing the City Manager or designee to execute an agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of area generally bounded by current and former N. Shoreline Blvd., between Coopers Alley and Williams Street, for the Arts Alive! Event and related activities on September 2-3 2017; September 1-2 2018; and August 31 -September 1 2019. PURPOSE: To approve date, location, and consideration for the Arts Alive! and related activities September 2nd and 3rd, 2017; September 1-2 2018; and August 31 -September 1 2019. BACKGROUND AND FINDINGS: The second annual Arts Alive! Event is set to take place on September 2nd and 3rd, 2017 with a weekend of curated artistic experiences featuring interactive art, live demonstrations, and a hands-on art action. Visitors are invited to participate in various art forms, such as printmaking, woodturning, metal casting, painting and pottery. The scheduled event includes food trucks, live music, unique art demonstrations, community art projects, kid's activities and much more. The event will also feature works by artists from across the nation on display for sale. This event is funded in part by a grant made available through the City of Corpus Christi's Hotel Occupancy Tax (HOT) revenue. ALTERNATIVES: Do not approve event agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements in conjunction with public events. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital X Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered/ Expended Amount This item 0 0 BALANCE 0 0 Fund(s): General Comments: None RECOMMENDATION: Staff recommends approval of this agreemen.t LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with Exhibits Ordinance authorizing the City Manager or designee to execute an agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of area generally bounded by current and former N. Shoreline Blvd., between Coopers Alley and Williams Street, for the Arts Alive! Event and related activities on September 2-3 2017; September 1-2 2018; and August 31 -September 1 2019. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of City property generally bounded by current N. Shoreline Blvd. and former N. Shoreline Blvd. between Coopers Alley and Williams Street for the Arts Alive! Event and related activities for September 2-3, 2017; September 1-2, 2018; and on August 31 - September 1, 2019. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 15 LEASE AGREEMENT FOR ARTS ALIVE! State of Texas § Know All By These Presents: County of Nueces § This short term Lease Agreement ("Lease Agreement") between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly designated City Manager, and the Arts Community Center of Corpus Christi, Inc. ("ACC"), a Texas non-profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A. City - means the City of Corpus Christi, a Texas home -rule municipality. B. City Attorney - means the City of Corpus Christi's City Attorney or designee. C. City Council — means the City Council of the City of Corpus Christi, Texas. D. City Manager - means the City of Corpus Christi's City Manager, or the City Manager's designee. E. City Secretary — means the City of Corpus Christi's City Secretary, or designee. F. ACC — means the Arts Community Center of Corpus Christi, Inc., a Texas non-profit corporation. G. ACC's Agent - means a duly authorized representative of the ACC. H. Corpus Christi - Nueces County Health District — means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. I. Event - means the Arts Alive! events and related activities sponsored by the ACC. The Event dates are described in Exhibit B. J. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or designee. K. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. L. Parks Director - means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. M. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or designee. N. Premises-- means the fenced area generally bounded by current N. Shoreline Blvd., former N. Shoreline Blvd., Coopers Alley and Williams Street, as shown in Exhibit A. Page 2 of 15 O. Risk Manager - means the Director of the City of Corpus Christi's Risk Management Division, or designee. P. Solid Waste Director — means the Director of the City of Corpus Christi's Solid Waste Operations Department. Q. Street Director — means the Director of the City of Corpus Christi's Street Operations. 2. TERM. This Lease Agreement takes effect upon execution by the City Manager. The ACC will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. PREMISES AND PERMITTED USES. City grants to the ACC the privilege of using the area of the fenced area generally bounded by current N. Shoreline Blvd., former N. Shoreline Blvd., Coopers Alley and Williams Street, as shown in Exhibit A, for the Arts Alive! Event. 4. PREMISES REVISIONS. Construction along Shoreline or other unforeseen circumstances may impact and change the Premises (Exhibit A) and other parts of this lease. If Exhibit A is revised, new Exhibit A will be executed by the City Manager and ACC Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit A. New Exhibit A becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM.The ACC's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. PLANNING MEETINGS. Prior to this year's Event the Parks Director, Director of Street Operations and Police Chief will meet with ACC representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, the Premises will be reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether Exhibit A needs to be revised by the Parks Director and ACC. If revised, new ExhibitA will follow process in §4 PREMISES REVISIONS. ACC's Agent may request additional meetings. 7. ADMISSION FEE. ACC may charge an admission fee. Special Events connected with ACC may charge another fee to help defray the cost of entertainment. 8. ACC'S FINANCIAL OBLIGATIONS. A. Permit Fees. The ACC must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one-time Parks and Recreation Large Special Event Permit fee of $400.00, Health PermitNendor Fees, Development Services Permit Fees. B. Costs of City Services. The parties are not anticipating that City services will be provided for the Event. However, should any City services be utilized for the Event, then the Parks Director will invoice the ACC for costs of all such City services, including but not limited to, services provided for the Event by City Utilities Department, City Solid Waste Operations Department, City Parks and Recreation Department, and City Police Department, and City Fire Department within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the Page 3 of 15 ACC's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. ACC's failure to pay the undisputed charges on City's invoice within 30 days after submittal to ACC shall result in a late payment fee being assessed against ACC. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. C. Deposit. The ACC must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pickup, removal of any structures, or repairs and damages to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the ACC within 30 days after the Event. D. Reimbursement for Damages to City Property. During the course of the Event, damages may occur to City Property. This includes, but is not limited to, damages to the turf, landscaping, utility infrastructure, water and/irrigation lines and related equipment caused by acts or omissions of the ACC, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give the ACC an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the ACC for any additional cost of repair. 1. Repairs to Premises. Parks Director will provide the ACC's Agent a Punchlist of damages to the City Property authorized for the Event, as defined in §3 PREMISES AND PERMITTED USES, within seven (7) days after the ACC has vacated the property, following the conclusion of the Event. ACC will have the opportunity to restore all items on the Punchlist to original condition within ten (10) days after receipt of the Punchlist. For any turf or sod damage, the ACC must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If the ACC fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice the ACC for any additional costs. Damages to City property will be billed at the City's cost of repair. 2. Repairs to other City Property. Within 30 days after the conclusion of the Event, the City will provide the ACC's Agent an itemized invoice for cost of repairs and damages, if any, on any other City property for the Event. If Deposit is not utilized for repairs to the Premises, any balance will be applied to the itemized invoice amount for the Event. ACC will pay City's invoice for damages, within 30 days after City tenders the invoice to ACC's Agent, less any amount(s) the ACC has disputed. 9. GENERAL PERMITS. ACC shall obtain necessary permits from City Departments, as outlined below. A. Special Event Permit. ACC will obtain a Special Event Permits from the Parks & Recreation Department for use of Park property and to authorize water services on Park property, as specified in the City Code of Ordinances. As part of the Special Event permit, a street closure process will govern any necessary street closures. ACC must provide the Street Director and Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure, in accordance with City Code of Ordinances. All temporary street closures on a temporary basis are subject to the requirements of City Code of Ordinances. Page 4 of 15 B. Temporary Promotional Event Permit ACC will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. it is the responsibility of the ACC to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. ACC may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. C. Vendor Permit. ACC must ensure all mobile food units and temporary food service establishments comply with all applicable City ordinances and also requirements of the Corpus Christi-Nueces County Health District for the sale of foods and the protection of the public welfare. ACC shall be responsible for payment of all City Health Permit /Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) D. Alcohol Vendors. ACC must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage ACC for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Corpus Christi - Nueces County Health District for the sale of foods and the protection of the public welfare. ACC shall be responsible for payment of all City Health Permit Nendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in §16 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. E. Fireworks Permit. If Fireworks are being hosted, ACC must obtain Fireworks Permit from the Fire Department. Any requested use of City property for fireworks launch must be approved separately by written agreement of the City Manager, with concurrence from the third party operator of the City facility, the City director overseeing the City property, and also compliance with additional insurance requirements imposed by the City Risk Manager. F. Water Events. For any water events. ACC must obtain necessary permits from the United States Coast Guard. G. Additional Permits. ACC's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. H. Music and Movie Licenses. ACC is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music and display of movies at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS A. Barricades, Traffic Signs. The ACC must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. ACC shall contract with a third party company to implement traffic control plan provided by the City Traffic Engineering Department. Event setup will not begin without the protection of traffic control devices. Page 5 of 15 B. Parking. The ACC will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities C. Signage and Advertising. ACC's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre -approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. D. Rest Rooms, Drinking Water and First Aid. The ACC must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A First Aid station must also be provided at each site throughout the duration of the Event and its related activities. E. Fence. ACC may provide a temporary six-foot (6') chain Zink fence around Event areas, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with the ACC's needs upon Parks Director's concurrence, as outlined in § 4, PREMISES REVISIONS. F. Storm Water System Protection. ACC must install screens, approved by City's Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. ACC must remove the screens within the non-exclusive use period after the close of the Event. However, ACC must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City's Executive Director of Public Utilities. G. Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if ACC provides the Parks Director prior written assurances that ACC will remedy said damages in accordance with §8 ACCS FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H. Temporary Buildings. ACC must receive prior written approval from the Parks Director to place any Temporary Buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-exclusive use time period. I. Pavement. Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Capital Programs, provided however, that no approval will be given if the work will require subsequent repairs by the City. J. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). Page 6 of 15 11. CLEAN UP. ACC is responsible for trash pickup at the Event. ACC must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. ACC may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the ACC and taken to a location designated by the ACC. ACC may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give ACC's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers for reimbursement by ACC shall be pay. 12. RIGHT OF ACC TO USE PUBLIC STREETS. ACC acknowledges that the control and use of Public Streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council and the compliance by ACC with the terms and conditions contained within this Lease Agreement. 13. EMERGENCY VEHICLE LANES. ACC must at all times maintain Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all obstructions. 14. SECURITY. ACC is responsible to determine whether to provide security officers during the Event, and after the Event closes each night. ACC will assign the security officers duties. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off-site crowd and traffic control for the Event as needed and include costs of police officers in the costs, §8 ACC FINANCIAL OBLIGATIONS, above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 15. SAFETY HAZARDS. The ACC, upon written notice of identified Safety Hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards. 16. INSURANCE. ACC agrees to comply with attached insurance Exhibit C. In addition, ACC's Agent must furnish to the Risk Manager, Commercial General Liability Insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 per occurrence for personal injury, death and property damage. ACC is required to provide a $1,000,000 Combined Single Limit Automobile Liability Policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least two weeks prior to each Event. ACC must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the ACC's Events on Premises then Liquor Liability Insurance in the amount of $1,000,000 per occurrence must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. ACC must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period each year. Page 7 of 15 ACC must require all volunteers to sign an accident waiver form that ACC must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, ACC must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, ACC must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non -renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to ACC. 17. INDEMNITY. ACC shall indemnify and hold City, its officers, agents and employees ("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 damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the indemnitees or on the part of ACC or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ("Indemnitors") entering upon City property to set-up and take-down, hold, attend, or participate in the Arts Alive! event and associated activities, with the expressed or implied invitation or permission of ACC, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the indemnitors under this Agreement. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. ACC covenants and agrees that if City is made a party to any litigation against ACC or in any litigation commenced by any party, other than ACC relating to this ACC Lease Agreement, ACC shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. NOTICE. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 880-3461 FAX (361) 880-3864 If to ACC: Art Community Center of Corpus Christi, Inc. Attn: Executive Director 101 N. Shoreline Blvd. Corpus Christi, TX 78401 (361) 884-6406 FAX (361) 884-8836 Page 8 of 15 19. ASSIGNMENT. ACC may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 20. BREACH, TERMINATION. Any failure on the part of ACC to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by ACC entitles City to terminate this Lease Agreement without notice or demand of any kind, notwithstanding any license issued by City and no forbearance by City of any prior breach by ACC is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by ACC and the sums inure to the benefit of City as a set-off against any debt or liability of ACC to City otherwise accrued by breach hereof. 21. NOT PARTNERSHIP OR JOINT VENTURE. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from ACC by the City are compensation for provision of City services as described herein and for the right of ACC to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. The ACC recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 23. COMPLIANCE WITH LAWS. ACC must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at ACC's sole expense and cost. 24. NON-DISCRIMINATION. ACC warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 25. DISCLOSURE OF INTEREST. (Exhibit D) ACC agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 26. CERTIFICATE OF INTERESTED PARTIES. ACC agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties". These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or Page 9 of 15 c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https:l/www.ethics.state.tx.uslwhatsnew/elf info_form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 27. CONFLICT OF INTEREST. Contractors agree, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. 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. 28. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and ACC for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to ACC's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on , 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Approved as to form: By: Lisa Aguilar, Assistant City Attorney For the City Attorney Name: Title: Page 10 of 15 ART COMMUNITY CENTER OF CORPUS CHRISTI, INC. By: 0_,ALA,_.,1. A A 1 k Name: Manna 13I thili-Z Gke.rma4 Title: Mk -utast `17i rer Date: (C aU 1"S , 0`11 Page 11 of 15 EXHIBIT A Premises for Event to be inserted Exhibit 8 — Dates for Arts Alive! 2017 Arts Alive: Set -Up Dates for Event: August 31 & September 1, 2017 Thursday, August 31, 2017 8 am — 6pm Event Set up Friday, September 1, 2017 — Event Set up Dates for Event: September 2 & 3, 2017 Saturday, September 2, 2017 — 10am — 8pm Sunday, September 3, 2017 — 10am — 6pm Take Down Date for Event: September 4, 2017 Monday, September 4, 2017 — 8am — 1pm 2018 Arts Alive: Set -Up Dates for Event: August 30 & 31, 2018 Thursday, August 30, 2018 — 8am — 6pm — Event Set up Friday, August 31, 2018 — Event Set up Dates for Event: September 1 & 2, 2018 Saturday, September 1, 2018 — 10am — 8pm Sunday, September 2, 2018 — 10am — fipm Take Down Date for Event: September 3, 2017 Monday, September 3, 2018 — 8am — fpm 203.9 Arts Alive: Set -Up Dates for Event: August 29 & 30, 2019 Thursday, August 29, 2019 — 8am — 6pm — Event Set up Friday, August 30, 2019 — Event Set up Dates for Event: August 31 & September 1, 2019 Saturday, August 31, 2019 — l0am — 8pm Sunday, September 1, 2019 — 10am — 6pm Take Down Date for Event: September 2, 2019 Monday, September 2, 2019 — 8am — 1pm Page 12of15 EXHIBIT B 2017 EVENT Set -Up Dates for 2017 Event: Thursday, September _, 2017 8am - 6pm Event Set Up Friday, September , 2017 - Event Set -Up Dates for 2017 Event: September 2, 2017 -10 am - 6pm September 3, 2017 - 10 am - 4pm Take Down Date for 2017 Event: September , 2017 -- 8am to 1 pm 2018 EVENT Set -Up Dates for 2018 Event: Thursday, September , 2018 8am - 6pm Event Set Up Friday, September , 2018 - Event Set -Up Dates for 2018 Event: September 1, 2018 - 10 am - 6pm September 2, 2018 - 10 am - 4pm Take Down Date for 2018 Event: September , 2018 - 8am to 1 pm 2019 EVENT Set -Up Dates for 2019 Event: Thursday, August 30, 2019 8am - 6pm Event Set Up Friday, September , 2019 - Event Set -Up Dates for 2019 Event: August 31, 2019 - 10 am - 6pm September 1, 2019 - 10 am - 4pm Take Down Date for 2019 Event: September , 2018 -- 8am to 1 pm Page 13 of 15 EXHIBIT C INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee (ACC) must not commence work under this contract until alI insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products:' Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and Dismemberment $$5,000 for Medical Page 14of15 LIQUOR LIABILITY $1,000,000 Per Occurrence PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within I0 days of any change made by the Lessee or as requested by the City. Lessee 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. Lessee agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; Page 15 of 15 • 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' Iiability 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Insurance Requirements Parks and Recreation Dept. 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: 2017-237282 Date Filed: 07/17/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. The Art Community Center of Corpus Christi Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract tar which the form is being filed. The 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 services, goods, or other property to be provided under the contract. 74-1716003 art festival a Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check if there is NO Interested Party, only X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. --/taX11 all AitAda/fr' Signature of authori agent of con n ! • usiness entity AFFIX NOTARY STAMP / SEAL ABOVE Swam to and subscribed before me, by the said 4-11,-42..-BltL +Ze (S YY m ct.t�.this the 1 day of J 4..17 y , 20 )1 .,, to certify which, witness my hand and seal of office. gt • . - - - • + TERRI A KELLY PU: TE OF TEXAS .�i0Y I— * NOTARY e +! Sig ure of officer administerin!0.th Printed name of officer adminikted aa 1 Title of o cer - . minis e i tr ooah Forms nrovided by Texas Ethics Commission www.ethics_state_tx_us Version V1.0.883 AGENDA MEMORANDUM Public Hearing and Future Item for the City Council Meeting of August 15, 2017 Action Item for the City Council Meeting of August 22, 2017 DATE: August 2, 2017 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 361-886-2603 Public Hearing for and Resolution approving the FY 2017/2018 budget for the Corpus Christi Crime Control and Prevention District. CAPTION: Public Hearing for and resolution approving the FY 2017/2018 budget for the Corpus Christi Crime Control and Prevention District. PURPOSE: Hold a public hearing and approve the Crime Control and Prevention District FY2017/2018 budget. BACKGROUND AND FINDINGS: Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. On November 4, 1997, the voters established the Crime Control and Prevention District for 5 years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, on April 14, 2007 for ten years and on November 8, 2016 for ten years. This continues the 1/8th-cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The Crime Control and Prevention District held a public hearing on June 21. 2017 and the Board adopted the budget on the same day and amended on July 26, 2017 due to the increased cost of retirement and insurance, figures that were not available in June. The budget must now be submitted to the City Council for approval. The City Council must hold a public hearing in accordance with notice and all other procedures required by law. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $6,497,826 $6,497,826 BALANCE $6,497,826 $6,497,826 Fund(s): 9010 — Crime Control and Prevention District fund Comments: Revenues of $6,628,500 are budgeted to support the expenditures. RECOMMENDATION: Staff recommends approving the budget LIST OF SUPPORTING DOCUMENTS: Budget adopted by the Crime Control and Prevention District Board of Directors Resolution Approving the Crime Control and Prevention District Budget Presentation CITY OF CORPUS CHRISTI, TEXAS Crime Control and Prevention District FY 2017-2018 Adopted Budget eilIP-Niiir to ci „mi. 4 pA .. . roast,,,.. ,i. 4. DISTRICT *\ Adopted: June 21, 2017 Revised: July 26, 2017 Crime Control & Prevention District FY 2015/2016 Actual Revenues & Expenditures FY 2016/2017 Year End Revenue & Expenditure Estimates FY 2017/2018 Adopted Budget Actuals Amended Estimated Adopted 2015/2016 2016-2017 2016-2017 2017/2018 Beginning Balance Revenues Sales Tax 6,044,548 4,884,816 4,884,816 3,655,801 6,601,264 6,900,000 6,562,872 6,628,500 Interest on Investments 21,813 8,700 8,700 - Net Inc./Dec. in FV of Investm (1,731) - Miscellaneous 1,045 - Transfer from Other Funds - LGLLB 4,587 Juvenile Drug Testing 4,670 8,000 8,000 Total Current Revenues Total Funds Available Expenditures 6,631,649 6,916,700 6,579,572 6,628,500 12,676,197 11,801,516 11,464,388 10,284,301 Police Officer Costs 5,654,966 6,353,595 5,929,101 6,392,940 Police Officer Trainee Intern 93,905 - - Pawn Shop Detail 163,199 212,500 160,004 Public Safety Veh. & Equip. 1,049,656 881,123 881,123 - Police Academy Costs 142,841 - - Election Costs - 75,000 75,000 - Juvenile Assessment Center 460,184 490,101 490,101 Crime Prevention 168,500 188,869 188,869 Juvenile City Marshals 58,130 84,389 84,389 - Reserve Appropriation - 150,000 - 104,886 Adopted: 6/21/17 Revised: 7/26/17 Total Expenditures 7,791,381 8,435,577 7,808,587 6,497,826 Ending Balance 4,884,816 3,365,938 3,655,801 3,786,475 Surplus/(Deficit) (1,159,732) (1,518,877) (1,229,015) 130,674 Page 1 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER COSTS - 11711 EXPENDITURE BUDGET Account Description Actuals 2015/2016 Amended 2016-2017 Estimated Adopted 2016-2017 2017/2018 Salaries and Wages Overtime Other Pay Retirement Group Insurance Benefits Other Employee Benefits Chemical/Household Supplies Clothing Fuel & Lubricants Food and Food Supplies Minor Tools & Equipment Office Supplies Maintenance & Repairs Professional Services Vehicle Repairs Telephone/Telegraph Service Equipment Maintenance Police Supplemental Insurance Police Vision Insurance Sworn Employee - Dental Self Insurance Allocation FTES: FY 2011/2012 - 50 Police Officers FY 2012/2013 - 50 Police Officers FY 2013/2014 - 50 Police Officers FY 2014/2015 - 63 Police Officers FY 2015/2016 - 63 Police Officers FY 2016/2017 - 63 Police Officers FY 2017/2018 - 63 Police Officers 3,422,367 288,099 177,305 994,807 377,856 33,192 61,362 53,903 1,152 32,344 90 6,020 14 15,831 973 6,500 5,656 27,840 148,440 5,654,966 3,423,850 332,229 225,000 1,099,176 538,091 32,746 300 101,202 175,000 1,000 148,563 1,200 300 2,500 300 17,550 1,000 6,500 5,292 34,020 207,777 6,353,595 3,410,496 256,003 180,551 945,722 538,091 32,746 200 55,720 94,968 803 140,594 1,000 150 2,800 150 16,042 750 7,210 6,188 31,140 207,777 5,929,101 3,488,998 332,229 225,000 1,184,943 722,368 33,059 300 55,720 65,000 1,000 55,000 1,200 300 2,500 300 17,550 1,000 7,440 6,720 33,840 158,473 6,392,940 * 2% pay increase as per Police contract Adopted: 6/21/17 Revised: 7/26/17 Page 2 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER TRAINEE INTERN -11712 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Adopted 2015/2016 2016-2017 2016-2017 2017/2018 Salaries & Wages Overtime Retirement FY 2013/2014 FY 2014/2015 FY 2015/2016 FY 2016/2017 FY 2017/20/8 Totals 75,488 18,417 MP MI de 93,905 - 5 Police Officer Trainee Interns - 5 Police Officer Trainee Interns - 5 Police Officer Trainee Interns - 0 Police Officer Trainee Interns - 0 Police Officer Trainee Interns Adopted: 6/21/17 Page 3 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PAWN SHOP DETAIL -11713 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Adopted 2015/2016 2016-2017 2016-2017 2017/2018 Salaries and Wages Overtime Other Pay Retirement Group Insurance Benefits Other Employee Benefits Minor Tools & Equipment Minor computer equipment Minor Office Equipment Office Supplies Professional services Non -Capital Lease Payments Travel Self Insurance Allocation FTES: FY 2011/2012 - 4 ftes FY 2012/2013 - 4 ftes FY 2013/2014 - 4 ftes FY 2014/2015 - 4 ftes FY2015/2016-4ftes FY 201612017-4ftes FY 2017/2018 - 4 ftes Adopted: 6/21/17 Revised: 7/26/17 106,285 112,164 74,749 779 3,000 1,000 579 1,000 551 27,057 32,073 19,934 13,344 21,010 21,010 2,100 2,079 2,079 - 4,100 4,000 - - 295 167 500 250 2,224 2,500 2,020 - 21,758 21,758 1,256 1,278 1,319 - 2,000 2,000 9,408 9,038 9,038 M. Totals 163,199 212,500 160,004 Page 4 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PUBLIC SAFETY VEHICLES & EQUIPMENT - 11717 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Adopted 2015/20/6 2016-2017 2016-2017 2017/2018 Minor Tools & Equipment 433,672 244,277 231,517 Computer Equipment and software 14,373 - Professional Services 1,200 - Interdepartmental - services 16,826 - Vehicles & Machinery 269,198 345,092 346,240 Improvements Other than Building 236,837 270,486 265,486 Other Equipment 77,551 38,880 37,880 M. Totals 1,049,656 898,735 881,123 FY 2014/2015 - 5 replacement vehicles FY 2014/2015 - 4 additional vehicles FY 2015/2016 - 6 replacement vehicles FY 2016/2017 - 4 replacement vehicles FY 2017/2018 - 0 replacement vehicles Adopted: 6/21/17 Page 5 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE ACADEMY COSTS - 11718 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Adopted 2015/2016 2016-2017 2016-2017 2017/2018 Salaries & Wages Overtime Retirement 113,457 188 29,196 Totals 142,841 Police Officer Trainees FY 2013/2014 - 5 Police Officer Trainees FY 2014/2015 - 5 Police Officer Trainees FY 2015/20/6 - 5 Police Officer Trainees FY 2016/2017 - 0 Police Officer Trainees FY 2017/2018 - 0 Police Officer Trainees Adopted: 6/21/17 Page 6 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT ELECTION COSTS - 49001 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Adopted 2015/2016 2016-2017 2016-2017 2017/2018 Professional Services Totals Adopted: 6/21/17 Revised: 7/26/17 120,000 75,000 120,000 75,000 Page 7 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE ASSESSMENT CENTER - 49002 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Adopted 2015/2016 2016-2017 2016-2017 20/7/2018 Salaries and Wages Overtime Other Pay Retirement Group Insurance Benefits Other Employee Benefits Books & Periodicals Food & Food Supplies Minor Tools & Equipment Minor Office Equipment Office Supplies Maintenance & Repairs Maintenance Supplies Professional Services Postage & Express Charges Rentals Mileage Reimbursement Non -Capital Lease Payments Telephone/Telegraph Service Building Maintenance & Service Memberships, Licenses & Dues Training - Supervisory Training - General Printing Advertising & PR Printing Outside Print Shops Travel Self Insurance Allocation FTES: FY 2011/2012 - 6.6 ftes FY 2012/2013 - 6.6 ftes FY 2013/2014 - 6.6 ftes FY 2014/2015 - 6.6 ftes FY 2015/2016 - 6.6 ftes FY 2016/2017 - 6.6 ftes FY 2016/2017 - 0 ftes Adopted: 6/21/17 241,577 255,499 255,499 603 500 500 1,267 3,500 3,500 57,515 71,648 71,648 21,899 27,631 27,631 3,480 3,431 3,431 34,975 7,200 7,200 - 100 100 409 100 100 3,219 3,223 3,000 - 100 100 10,248 14,988 10,000 235 235 52,322 70,109 70,109 3,122 4,000 4,000 361 4,900 4,900 9,915 7,035 7,035 - 100 100 135 550 550 - 1,950 1,950 373 300 300 1,796 800 800 1,509 2,500 2,500 15,457 14,913 14,913 in In in ni Totals 460,184 495,313 490,101 Page 8 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT CRIME PREVENTION - 49008 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Adopted 2015/2016 2016-2017 2016-2017 2017/2018 Salaries & Wages Overtime Retirement Group Insurance Benefits Other Employee Benefits Food and Food Supplies Minor tools & Equipment Minor Office Equipment Office Supplies Maintenance & Repairs Professional services Postage & Express Charges Non -Capital Lease Payments Membership, Licenses, & Dues Training - General Printing Advertising & PR Printing Outside Print Shops Travel Self Insurance Allocation FTES: FY 2013/2014 - 3 ftes FY2014/2015-3ftes FY 2015/2016 - 3 ftes FY 2016/2017 - 3 ftes FY 2017/2018 - 0 ftes Adopted: 6/21/17 Revised: 7/26/17 104,671 26,815 8,904 1,584 84 1,767 1,172 54 8 1,144 8,581 1,049 5,611 7,056 110,591 2,000 31,086 29,404 11,234 11,234 1,559 1,559 - 12 3,925 3,425 2,000 1,882 3,500 2,000 300 50 2,000 970 2,500 1,090 20,281 12,964 5,000 3,000 3,300 2,970 6,779 6,779 111,530 Totals 168,500 206,055 188,869 Page 9 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE CITY MARSHALS - 49010 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Adopted 2015/2016 2016-2017 2016-2017 2017/2018 Other Employee Benefits Professional Services Self Insurance Allocation FTES: FY 2011/2012 - 3 ftes FY 2012/2013 - 3 ftes FY 2013/2014 - 3 ftes FY 2014/2015 -1 fte FY 2015/2016 -1 fte FY 2016/2017 -1 fte FY 2017/2018 - 0 fte Adopted: 6/21/17 1,584 1,559 1,559 49,490 96,357 76,051 7,056 6,779 6,779 Totals 58,130 104,695 84,389 Page 10 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT RESERVE APPROPRIATION - 80000 EXPENDITURE BUDGET Account Description Actuals 2015/2016 Amended 2016-2017 Estimated 2016/2017 Adopted 2017/2018 Reserve Appropriation Totals 133,000 104,886 - 133,000 - 104,886 Page 11 Resolution Approving the FY 2017-2018 budget for the Corpus Christi Crime Control and Prevention District Whereas, the Crime Control and Prevention District Board held a public hearing on June 21, 2017 and the Board adopted FY 2017-2018 budget on the same day; Whereas, the Crime Control and Prevention District Board amended the adopted FY 2017-2018 budget on July 26, 2017; and Whereas, the City Council of the City of Corpus Christi held a public hearing on the budget adopted by the board on August 15, 2017. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS SECTION 1. The fiscal year 2017-2018 budget for the Corpus Christi Crime Control and Prevention District is approved. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor 1 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn 2 Corpus Christi Crime Control and Prevention District FY2018 Proposed Budget co : psn':`. `at ,4fs l 1 0 2 DISTRICT Council Presentation 08.15.2017 Crime Control & Prevention District FY 2018 Proposed Budget • Continued focus on Core Program — 63 Police Officers Crime Control & Prevention District FY 2018 Proposed Budget • Assignment of 63 Police Officers — 8 Directed Patrol Officers — 10 Gang Unit (JET) Officers — 3 Moped Officers — 2 Traffic Safety Officers — 1 Narcotics Officer (with a drug dog) — 1 Crime Stoppers Officer — 36 Patrol Officers (enhance patrol response) — 2 Patrol Lieutenants Crime Control & Prevention District FY 2018 Proposed Budget • Total Expenditures $6,497,826 • Total Revenues $6,628,500 • Ending fund balance $3,786,475 • Budget reductions to bring expenditures more in line with revenue: — Eliminated Pawn Shop Detail — Eliminated Replacement Vehicles — Eliminated Crime Prevention — Eliminated Juvenile Assessment Center — Eliminated Juvenile City Marshalls Crime Control & Prevention District FY 2018 Proposed Budget July 26 — CCCCPD public hearing & budget adoption August 15 - City Council Public Hearing and Future reading August 22 — City Council approves or rejects Resolution for CCCCPD Budget Crime Control & Prevention District FY 2018 Proposed Budget QUESTIONS AGENDA MEMORANDUM Future Item for the City Council Meeting of August 8, 2017 Action Item for the City Council Meeting of August 15, 2017 DATE: July 28, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll@cctexas.com (361) 826-3464 Oso Golf Course Claim Settlement CAPTION: Resolution authorizing payment to Foresight Corpus Christi Golf LLC for claim settlement of $60,250 in replacement expenses for the Oso Golf Course cart barn damaged by fire on September 30, 2016. PURPOSE: This item is to approve payment to Foresight Corpus Christi Golf LLC of $60,250 to settle a claim due to unforeseen damage to the Oso Golf Course cart barn. BACKGROUND AND FINDINGS: On Friday September 30, 2016, the golf cart barn at Oso Beach Golf Course caught fire and was destroyed. Insurance settlements have been received and appropriated on April 18, 2017 of $95,734.24. On July 25, 2017, City Council approved an ordinance to transfer funds from the General Liability Fund to the No. 4691 Golf Capital Reserve Fund to supplement settlement payments in the amount of $54,265.76 and authorizing settlement of existing claims totaling $13,487.14. ALTERNATIVES: Do not authorize payment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This motion conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget — Golf Capital Fund $150,000.00 $150,000.00 Encumbered / Expended Amount $13,487.14 $13,487.14 This item $60,250.00 $60,250.00 BALANCE $76,262.86 $76,262.86 Fund(s): Golf Capital Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Invoice#574903 Resolution authorizing payment to Foresight Corpus Christi Golf LLC for claim settlement of $60,250 in replacement expenses for the Oso Golf Course cart barn damaged by fire on September 30, 2016 Whereas, the golf cart barn at the Oso Beach Golf Course was destroyed by fire on September 30, 2016; Whereas, the insurance proceeds of $95,734.24 were received and appropriated by City Council into the Golf Capital Reserve Fund on April 18, 2017; and additional funds of $54,265 were appropriated by the City Council for said purpose on June 25, 2017; Whereas, Texas Local Government Code Section 252.022 (a)(3) exempts procurements necessary because of unforeseen damage to public property from competitive bidding requirements; Whereas, the City Council finds that to the extent that any payment provided hereunder constitutes a purchase or acquisition, that such purchase and/or acquisition is declared to be a procurement made because of unforeseen damage to public property and exempted from competitive bidding requirements pursuant to Texas Local Government Code Section 252.022; Whereas, in City Contract No. 2010-396 on October 26, 2010, the City of Corpus Christi ("the City") and Foresight Corpus Christi Golf LLC ("Foresight") entered into a Lease Agreement ("the Lease Agreement") for the Oso Beach Golf Course and the Gabe Lozano Golf Course; Whereas, pursuant to the Lease Agreement, any improvements made to the Oso Beach Golf Course property will inure to the benefit of the City at the expiration or termination of the Lease Agreement; Whereas, following request by City -employed personnel, Foresight made commitments for improvements and acquisitions for its leasehold on the Oso Beach Golf Course for replacement of the cart barn (the "improvements and acquisitions") including, as follows: delivery of metal building, installation of foundation, related expenses, including onsite portable restroom for workers, builders risk insurance cost, windstorm certification for portions of the building, ADA review, and fees for company performing installation services. Whereas, the City Council finds that the City is liable for a claim for the improvements and acquisitions in quantum meruit because (1) valuable services or materials provided by Foresight Corpus Christi Golf LLC to the City, (2) which has accepted the services or materials, (3) under such circumstances as would reasonably notify Foresight Corpus Christi Golf LLC that Foresight Corpus Christi Golf LLC expected to be paid. Now, therefore, be it Resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. That the recitals reflected above are true and accurate and hereby incorporated into this Resolution. Section 2. That the City Manager or designee is authorized to settle the claims in quantum meruit for the aforementioned improvements and acquisitions in the amount of $60,250. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn FORESIGHT CORPUS CHRISTI GOLF LLC 512 E BLANCO ROAD SUITE 100 BOERNE, TX 78006 Bill To City of Corpus Christi 120 t Leopard Street Corpus Christi. TX. 78401 Invoice Date Invoice # 7/26/2017 574903 P.O. No Terms Project Quantity Description Dickson Builders, Inc. Invoice #03293-2 2nd draw for OSO Beach Cart Bum Rebuild Rate Total 60.250.00 8.25% Amount 60,250.00 0.00 560,250.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 8, 2017 Action Item for the City Council Meeting of August 15, 2017 DATE: August 10, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager M arkVV@cctexas. com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services JeffreyE@cctexas.com (361) 826-3851 CAPTION: Andres Leal, Jr., P.E., Director of Street Operations AndyL@cctexas.com (361) 826-1957 Constance Sanchez, Director of Finance Constance P@cctexas. com (361) 826-3227 Resolution directing the City Manager to fund repair of streets impacted by the Harbor Bridge Replacement Project using the lowest cost option Resolution directing the City Manager to fund repair of selected streets impacted by the Harbor Bridge Relocation Project using the financing option which provides the lowest cost to the City. PURPOSE: The purpose of this Agenda Item is to obtain authorization to move forward with financing, through the least cost option, repair of certain streets identified to be impacted by the Harbor Bridge Replacement Project (HBRP) which are not included in the HBRP. The repairs must be performed prior to a Bond 2018 Referendum. 1 BACKGROUND AND FINDINGS: During a Workshop on July 13, 2017, Council viewed and discussed a presentation on the Harbor Bridge Replacement Project (HBRP). During the presentation, eight streets which will be impacted by, but are not included in, the HBRP were identified and discussed. Agnes and Laredo, will not need to be addressed for several years and may be considered for future Bond. Beach Avenue and North Beach Access Management Initiative are included in the proposed Bond 2018 package. Timon and Surfside Boulevards, and Lipan and Comanche Streets have been identified for repairs prior to the November 2018 Bond Referendum and are estimated to cost approximately $ 4.1 Million. Traffic detours associated with the HBRP have already begun in the North Beach area. Although State roadways were designated for the detour routes, Timon and Surfside Boulevards are expected to receive significant increased traffic volumes. Both streets are recommended for immediate overlay treatments so that their pavement can sustain the anticipated traffic levels. Comanche, Leopard and Lipan streets are expected to be impacted by HBRP construction in 2018 through 2020. The Comanche Street bridge (over Crosstown Expressway) is scheduled for reconstruction beginning in May 2018. Leopard Street is scheduled for limited closures beginning in Spring 2018 with full closure beginning in Spring 2019. While work on Leopard and Comanche Streets is underway, the Lipan Street bridge will become the primary egress for visitors to the Uptown area. An overlay treatment for Lipan Street, and complete reconstruction of Comanche Street, is recommended so that these streets can withstand the anticipated increases in traffic volume. At the July 13th Workshop, Council directed the City Manager to search for the $ 4.1 Million needed from sources other than Certificates of Obligation (CO), and to reserve COs as the funding source of last resort. Staff has reviewed all Capital Funds several times and no available funds (reserves) have been identified. During the August 8, 2017 Council Meeting, the City Manager was directed to fund the repairs using the financing mechanism that provides the least cost to the City. Certificates of Obligation are to be used only if they are found to be the least expensive option. ALTERNATIVES: 1. Do not approve the Resolution (Not recommended). 2. Approve an amended Resolution. OTHER CONSIDERATIONS: Approval of this Resolution is needed to move forward with addressing the Harbor Bridge related streets in time to meet the scheduled HBRP activities. CONFORMITY TO CITY POLICY: This item adheres to all City policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Engineering Services, Street Operations, and Finance 2 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: (None). RECOMMENDATION: City staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution 3 Resolution directing the City Manager to fund repair of selected streets impacted by the Harbor Bridge Relocation Project using the financing option which provides the lowest cost to the City. WHEREAS, during the City Council Workshop on July 13, 2017, City staff identified four city streets, referenced below in need of repair, resurfacing and/or reconstruction as they will be impacted by the upcoming TXDOT Harbor Bridge Replacement Project: and • Timon Boulevard from Coastal Avenue to Sandbar Avenue; • Surfside Boulevard from Coastal Avenue to Reef Avenue; • Lipan Street from Crosstown Expressway to Upper Broadway; • Comanche Street from Crosstown Expressway to Staples Street. WHEREAS, these street projects must be started in 2017 so that the construction does not adversely impact or delay TXDOT's Harbor Bridge Replacement Project, therefore they cannot be added to the 2018 Bond Program; and WHEREAS, City Council instructed the City Manager at the July 13, 2017 workshop to search for any available funding in City accounts that might be used to pay for the four referenced street projects; and WHEREAS, during the August 8, 2017 City Council meeting, city staff reported to City Council that they were unable to locate any available funding in existing City accounts to pay for the referenced street projects; and WHEREAS, during the same meeting, City Council directed the City Manager to explore alternate debt financing options for the referenced street projects at the lowest cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this Resolution are hereby approved and adopted. SECTION 2. That the City Manager is directed to fund repair of selected streets impacted by the Harbor Bridge Relocation Project using the financing option which provides the lowest cost to the City. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of , 2017 Joe McComb Mayor The above resolution was passed by the following vote: Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn AGENDA MEMORANDUM Action Item for the City Council Meeting of August 15, 2017 DATE: August 9, 2017 TO: Margie C. Rose, City Manager THRU: Sylvia Carrillo -Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP©cctexas.com (361) 826-3227 Reimbursement Resolution for Streets Related to the Harbor Bridge Relocation CAPTION: Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of one or more series of tax-exempt obligations to be issued by the City for authorized purposes in an amount not to exceed $4,100,000; authorizing other matters incident and related thereto; and providing an effective date. PURPOSE: The City plans on issuing certificates of obligation or alternate funding solutions (if obtained at a lower cost of borrowing than the certificates of obligation) to repair streets impacted by the Harbor Bridge Replacement Project (HBRP), but which are not included in the HBRP. Since work on the streets is scheduled to begin prior to receipt of the debt proceeds, this resolution is needed for the City to reimburse itself for costs incurred prior to the debt obligations being issued. BACKGROUND AND FINDINGS: During a City Council workshop held on July 13, 2017, the City Council viewed and discussed a presentation on the HBRP. During the presentation, streets impacted by, but not included in, the HBRP were identified and discussed including Timon Boulevard, Surfside Boulevard, Lipan Street, and Comanche Street. The cost for improvements needed for these streets is estimated to be $4.1 million. The City plans on issuing certificates of obligation or alternate funding solutions (if obtained at a lower cost of borrowing than the certificates of obligation) to be able to perform repairs prior to related scheduled HBRP construction activities. For the City to be eligible for reimbursement of any expenditure incurred prior to the issuance of the debt, the City must declare its intent to reimburse itself for payments made prior to the debt obligations being issued. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: n/a OTHER CONSIDERATIONS: Approval of this resolution is needed to move forward with addressing the Harbor Bridge related streets in time to meet the scheduled HBRP activities. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • City Attorney's Office • Engineering Services • Financial Services FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - - - Encumbered/Expended amount of (date) - - - - This item - - - BALANCE - - - - FUND(S): COMMENTS: Not applicable RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS FROM THE PROCEEDS OF ONE OR MORE SERIES OF TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES IN AN AMOUNT NOT TO EXCEED $4,100,000; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) designing, constructing, renovating, improving, constructing, reconstructing, restructuring and extending streets, bridges, and sidewalks improvements (as well as necessary drainage improvements incidental thereto), relocating utilities, street lighting, technology improvements, and signage, acquiring lands and rights-of-way necessary for streets, bridges, and sidewalks, as the same relate to street improvements resultant from construction of Harbor Bridge (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the Issuer's projects that are the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt obligations (the Obligations) that the Issuer currently contemplates issuing in the principal amount of not to exceed $4,100,000 to finance a portion of the costs of the Project; and 82507833.1 WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2. The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4. The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5. This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6. With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds", as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. -2- 82507833.1 SECTION 8. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] -3- 82507833.1 PASSED, ADOPTED AND APPROVED on this the 15th day of August, 2017. ATTEST: City Secretary (CITY SEAL) APPROVED THIS 15th day of August, 2017: Miles Risley, City Attorney -4- 82507833.1 CITY OF CORPUS CHRISTI, TEXAS Mayor THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 15th day of August, 2017, relating to establishing the City's intention to reimburse itself in an amount not to exceed $4,100,000 for the prior lawful expenditure of funds relating to constructing various capital improvements to City property, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 15th day of August, 2017. City Secretary (CITY SEAL) 82507833.1 That the foregoing resolution was read and passed finally on this the 15th day of August, 2017, by the following vote: Mayor Joe McComb Rudy Garza Carolyn Vaughn Paulette Guajardo Ben Molina Michael Hunter Lucy Rubio Debbie Lindsey -Opel Greg Smith PASSED AND APPROVED, this the 15th day of August, 2017. ATTEST: Rebecca Huerta City Secretary 82507833.1 Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 15, 2017 Second Reading Ordinance for the City Council Meeting of August 22, 2017 DATE: TO: July 26, 2017 Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Amending Ordinance to establish guidelines for license applicants with criminal convictions CAPTION: Ordinance amending Chapter 1 of the Corpus Christi Code of Ordinances by adding Section 1-14 to establish Guidelines for License Applicants with Criminal Convictions; and providing an effective date, for severance, and for publication PURPOSE: These guidelines apply to any license, permit, certificate, registration, or other authorization (license) granted by the City that may be denied for prior criminal convictions. The vast majority of criminal convictions reviewed by the City will fit within the categories of crimes detailed in the ordinance. However, these guidelines are not intended to be an exclusive listing, i.e. they do not prohibit the City from considering crimes not listed. After due consideration of the circumstances of the criminal act and the general factors listed above, the City may find that a conviction not described in the ordinance renders a person unfit to hold a license. In addition to the specific crimes listed, multiple violations of any criminal statute should always be reviewed, for any license type. Multiple violations may reflect a pattern of behavior that renders the applicant unfit for the license. BACKGROUND AND FINDINGS: The Police Department met with representatives of the vehicles for hire companies that we permit which include Taxi companies, limousine companies, sightseeing companies, and wreckers. The meeting was held on July 10, 2017 at 1:00 pm with 18 representatives from the 35 companies. Each individual received a draft copy of the new ordinance and was briefed on the contents. They were advised if they had any questions or concerns with the new ordinance to email them by Friday 7/14/17. No emails were received. No concerns were expressed over the categories of crimes listed that could exclude a driver from receiving a permit. Green N Go cab did express concern about the time frame for some offenses such as drug offenses. It was pointed out to them that under section (3) it provides that offenses not related to the licensed occupation could only be considered if it was less than (5) years. Lauren Rabe with Environmental Health, met with other local vendors on April 26, 2017 and they were advised of the background regulation changes, which would eliminate some of the ambiguity such as moral turpitude. She advised there was no opposition and they all seemed pleased with the clarity. 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: 2016- 2017 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 adopting the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Chapter 1 of the Corpus Christi Code of Ordinances by adding Section 1-14 to establish Guidelines for License Applicants with Criminal Convictions; and providing an effective date, for severance, and for publication Whereas, Texas Occupational Code §53.025 requires a licensing authority to issue guidelines relating to the practice of the licensing authority. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 1 of the Corpus Christ Code of Ordinances is revised to add Section 1-14 to read as follows: Sec 1-14. - Guidelines for License Applicants with Criminal Convictions (a) Applicability These guidelines apply to any license, permit, certificate, registration, or other authorization (license) granted by the City that may be denied for prior criminal convictions. The vast majority of criminal convictions reviewed by the City will fit within the categories of crimes described below. However, these guidelines are not intended to be an exclusive listing, i.e. they do not prohibit the City from considering crimes not listed herein. After due consideration of the circumstances of the criminal act and the general factors listed above, the City may find that a conviction not described herein renders a person unfit to hold a license. In addition to the specific crimes listed below, multiple violations of any criminal statute should always be reviewed, for any license type. Multiple violations may reflect a pattern of behavior that renders the applicant unfit for the license. (b)General Criminal Convictions (1) A license may be denied to any person ever convicted for any of the following offenses: (A) Tex. Penal Code §15.03, (Criminal Solicitation) if the offense is punishable as a felony of the first degree; (B) Tex. Penal Code §19.02, Penal Code (Murder); (C) Tex. Penal Code §19.03, Penal Code (Capital Murder); (D) Tex. Penal Code § 20.04, Penal Code (Aggravated Kidnapping); (E) Tex. Penal Code § 20A.02, Penal Code (Trafficking of Persons); (F) Tex. Penal Code § 21.11(a)(1), Penal Code (Indecency with a Child); 1 (G) Tex. Penal Code § 22.011, Penal Code (Sexual Assault); (H) Tex. Penal Code § 22.021, Penal Code (Aggravated Sexual Assault); (I) Tex. Penal Code § 22.04(a)(1), Penal Code (Injury to a Child, Elderly Individual, or Disabled Individual), if: (1) the offense is punishable as a felony of the first degree; and (2) the victim of the offense is a child; (J) Tex. Penal Code § 29.03, Penal Code (Aggravated Robbery); (K) Tex. Penal Code § 30.02, Penal Code (Burglary), if: (1) the offense is punishable under Subsection (d) of that section; and (2) the actor committed the offense with the intent to commit a felony under Tex. Penal Code § 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; (L) Tex. Penal Code § 43.05, Penal Code (Compelling Prostitution); (M) Tex. Penal Code § 43.25, Penal Code (Sexual Performance by a Child); (N) Chapter 481, Health and Safety Code, for which punishment is increased under: (1) Section 481.140 of that code (Use of Child in Commission of Offense); or (2) Section 481.134(c), (d), (e), or (f) of that code (Drug-free Zones) if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections. (0) Tex. Penal Code § 21.02, Penal Code (Continuous sexual abuse of young child or children); or (P) an offense under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice if the offense contains elements that are substantially similar to the elements of an offense listed above. (2). Upon a determination that the person may pose a continued threat to public safety or employment of the person in the licensed occupation would create a situation in which the person has an opportunity to repeat the prohibited conduct, a person will be considered to have been convicted of an offense for purposes of this section regardless 2 of whether the proceedings were dismissed and the person was discharged pursuant to deferred adjudication for the following offenses: (A) Tex. Penal Code § 21.02 (Continuous sexual abuse of young child or children) (B) Tex. Penal Code § 21.11 (a)(1) (Indecency with a Child); (C) Tex. Penal Code § 22.011 (Sexual Assault); (D) Tex. Penal Code § 22.021 (Aggravated Sexual Assault); (E) Tex. Penal Code § 25.02 (Prohibited sexual conduct), (F) Tex. Penal Code § 43.05, Penal Code (Compelling Prostitution); (G) Tex. Penal Code § 43.25, Penal Code (Sexual Performance by a Child); (H) Tex. Penal Code § 43.26 (Possession or promotion of child pornography); (I) Tex. Penal Code § 43.02 (Prostitution), if the offense is punishable under Subsection (c)(3) of that section; (J) Tex. Penal Code § 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the actor committed the offense or engaged in the conduct with intent to violate or abuse the victim sexually; (K) Tex. Penal Code § 30.02 (Burglary), Penal Code, if the offense or conduct is punishable under Subsection (d) of that section and the actor committed the offense or engaged in the conduct with intent to commit a felony listed in Paragraph (A) or (C); (L) Tex. Penal Code § 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), if, as applicable: (i) the judgment in the case contains an affirmative finding under Tex. Code of Criminal Procedure, Article 42.015; or (ii) the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age; (M) the second violation of Tex. Penal Code § 21.08 (Indecent exposure); (N) a violation of Tex. Penal Code § 33.021 (Online solicitation of a minor); 3 (0) a violation of Tex. Penal Code § 20A.02(a)(3), (4), (7), or (8) (Trafficking of persons); (P) a violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), (D), (E), (G), (J),(H), (I), (J), (K), (L), (N),or (0);or (Q) the second violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure. (3) A license may be denied to any person ever convicted for an offense that does not directly relate to the duties and responsibilities of the licensed occupation and that was committed less than five years before the date the person applies for the license. (c) Job Specific Criminal Convictions. These guidelines apply to the specific licenses granted by the City listed below. These guidelines reflect the most common or well-known categories of crimes and/or and their relation to specific license types. (1) AUTO WRECKER PERMIT, TAXICAB DRIVER, VEHICLE FOR HIRE DRIVER, TAXICAB CERTIFICATE, LIMOUSINE OR SIGHTSEEING SERVICE PERMIT, AMBULANCE SERVICE, AND MOBILE FOOD VENDOR (A) Crimes involving fraud or deceptive business practices Reasons: (1) Licensees have the means and the opportunity to practice deceit, fraud and misrepresentation related to services. (B) Crimes involving prohibited sexual conduct or involving children as victims Reasons:(1) Licensees have direct contact with members of the general public often in settings with no one else present. (2) A person with a predisposition for crimes involving prohibited sexual conduct or involving children as victims would have the opportunity to engage in further similar conduct. (C) Crimes against the person such as homicide, kidnapping and assault Reasons: (1) Licensees have direct contact with members of the general public often in settings with no one else present. These situations have potential for unobserved or confrontational behavior. (2) A person with a predisposition for a violent response would pose a risk to the public. 4 (D) Crimes involving the receipt, sale or other distribution of illegal goods or substances, including stolen property, illegal weapons, drugs, drug paraphernalia, and the like Reasons: (1) Licensees' mobility allows them the opportunity to receive, sell or otherwise distribute illegal goods or substances. (2) A person with a predisposition and experience in committing such crimes would have the opportunity to engage in further similar conduct. (E) Crimes against property such as theft or burglary Reasons: (1) Licensees have access to customer's contents. (2) A person with the predisposition and experience in committing crimes against property would have the opportunity to engage in further similar conduct. (F) Crimes involving racketeering, organized crime, or criminal influence Reasons: (1) Persons with the predisposition and experience in committing crimes depriving others of money or property through a criminal enterprise would have the opportunity to engage in further similar conduct. (G)Crimes involving intoxication and operating a motor vehicle, including driving while intoxicated, intoxication assault, and intoxication manslaughter Reasons: (1) Persons who show a history of operating a motor vehicle while not having the normal use of their mental or physical faculties due to alcohol or drugs, especially when others are killed are injured as a result, would have the opportunity to engage in further behavior when operating a motor vehicle. (2) SEXUALLY ORIENTED BUSINESSES (A) Crimes involving prohibited sexual conduct or involving children as victims Reasons:(1) Licensees have the means and the opportunity to engage in prohibited sexual conduct. (2) A person with a predisposition for crimes involving prohibited sexual conduct or involving children as victims would have the opportunity to engage in further similar conduct. (B) Crimes involving prostitution Reasons: (1) Licensees have the means and the opportunity to engage in prostitution. (2) A person with a predisposition for crimes involving prohibited sexual conduct or involving children as victims would have the opportunity to engage in further similar conduct. (C) Crimes involving obscenity, sale, distribution, or display of harmful material to a minor, or possession or promotion of child pornography Reasons: (1) A person with a predisposition and experience in committing such crimes would have the opportunity to engage in further similar conduct. 5 (D) Crimes involving the receipt, sale or other distribution of illegal goods or substances, including stolen property, illegal weapons, drugs, drug paraphernalia, and the like Reasons: (1) Licensees have the means and the opportunity to receive, sell or otherwise distribute illegal goods or substances. (2) A person with a predisposition and experience in committing such crimes would have the opportunity to engage in further similar conduct. (E) Crimes involving racketeering, organized crime, or criminal influence Reasons: (1) Persons with the predisposition and experience in committing crimes depriving others of money or property through a criminal enterprise would have the opportunity to engage in further similar conduct. (F) Crimes involving lewd, immoral, indecent conduct Reasons: (1) Licensee allowing a willful and wanton disregard for these guidelines could establish a pattern of conduct for employees and patrons to continue upon leaving the establishment. (2) Licensee has the means and opportunity to engage in behavior that is offensive to public decency. (3) Licensee has a responsibility to comply with state and municipal health and sanitary law or ordnances. (3) PEDDLERS, VENDERS, ITINERANT MERCHANTS, COMMERCIAL SOLICITORS AND DANCE HALL PERMITS (A) Crimes involving fraud or deceptive business practices Reasons: (1) Licensees have the means and the opportunity to practice deceit, fraud and misrepresentation related to services. (B) Crimes involving prohibited sexual conduct or involving children as victims Reasons:(1) Licensees have direct contact with members of the general public often in settings with no one else present. (2) A person with a predisposition for crimes involving prohibited sexual conduct or involving children as victims would have the opportunity to engage in further similar conduct. (C) Crimes against the person such as homicide, kidnapping and assault Reasons: (1) Licensees have direct contact with members of the general public often in settings with no one else present. These situations have potential for unobserved or confrontational behavior. (2) A person with a predisposition for a violent response would pose a risk to the public. (D) Crimes involving the receipt, sale or other distribution of illegal goods or substances, including stolen property, illegal weapons, drugs, drug paraphernalia, and the like 6 Reasons: (1) Licensees' mobility allows them the opportunity to receive, sell or otherwise distribute illegal goods or substances. (2) A person with a predisposition and experience in committing such crimes would have the opportunity to engage in further similar conduct. (E) Crimes against property such as theft or burglary Reasons: (1) Peddlers can obtain specific information regarding residences' access and presences. (2) A person with the predisposition and experience in committing crimes against property would have the opportunity to engage in further similar conduct. (F) Crimes involving racketeering, organized crime, or criminal influence Reasons: (1) Persons with the predisposition and experience in committing crimes depriving others of money or property through a criminal enterprise would have the opportunity to engage in further similar conduct. (d)Factors for Consideration (1) In determining whether a criminal conviction should be grounds to deny a license the following factors are considered in all cases: (A) the nature and seriousness of the crime; (B) the relationship of the crime to the purposes for requiring a license to engage in the occupation; (C) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and (D) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation. (2) In determining the fitness to perform the duties and discharge the responsibilities of the licensed occupation of a person who has been convicted of a crime, the agency will also consider the following: (A) the extent and nature of the person's past criminal activity; (B) the age of the person when the crime was committed; (C) the amount of time that has elapsed since the person's last criminal activity; (D) the conduct and work activity of the person before and after the criminal activity; (E) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release; (F) other evidence of the person's fitness, including letters of recommendation from:(1) prosecutors and law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; (2) the sheriff or chief of police in the community where the person resides; and (3) any other person in contact with the convicted person; and (G) proof that the applicant has: (1) maintained a record of steady employment; (2) supported the applicant's dependents; (3) maintained a record of good conduct; and (4) paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted. (e) Notice Any person whose licenses is denied, suspended or revoked for a prior conviction of a crime will be provided written notice of: (1) the reason for the suspension, revocation, denial, or disqualification; (2) the review procedure provided by Tex. Occ. Code § 53.052; and (3) the earliest date the person may appeal the action of the licensing authority. SECTION 2. This ordinance takes effect after official publication. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. 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. 8 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 9 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 15, 2017 Second Reading Ordinance for the City Council Meeting of August 22, 2017 DATE: August 4, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Water Utilities DanG@cctexas.com, 361-826-1718 Ordinance Adjusting Water and Wastewater Utility Rates CAPTION: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water and wastewater rates; providing for publication and effective date of January 1, 2018. PURPOSE: To amend the Code of Ordinances for the revision of Water and Wastewater utility rates. BACKGROUND AND FINDINGS: The Proposed FY 2018-2019 Budget includes estimates of revenues generated from increased fees and rates and new fee/rates necessary to fund specific projects and/or cover existing operating costs. ALTERNATIVES: Council may choose not to amend the Code of Ordinances. OTHER CONSIDERATIONS: These rates will remain in place for calendar years 2018 and 2019. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Water, Wastewater FINANCIAL IMPACT: ❑ Operating I] Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $32,257,646 $32,257,646 BALANCE $32,257,646 $32,257,646 Fund(s): Fund 4010 Water, Fund 4200 Wastewater Comments: Rate changes and/or consumption changes will generate estimated additional revenue of $21,921,650 for Water and $10,335,996 for Wastewater over the next two fiscal years. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water and wastewater rates; providing for publication and effective date of January 1, 2018 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-50 of the Code of Ordinances regarding water rates is revised with new rates as shown in underlined text below to be effective on January 1, 2018. Sec. 55-50. - Schedule. (a) Base rates for water service. The rates for water service are as follows: (1) Monthly minimum charges. a. Metered treated water customers. 1. Inside city limits ("ICL"): Meter Size (Inches) Effective January 1, 2016 January 1, 2018 Residential 5/8 —3/4 Commercial 5/8 —3/4 Residential and Commercial 1 11/2 2 $12.11 13.15 12.1'1 13.15 18.21 19.70 30.35 32.80 60.70 65.60 Page 1 3 97.12 104.95 4 19'1.2'1 209.85 6 303.50 327.90 8 and larger 607.00 655.75 Large Volume Any size 22,78'1.00 24,614.00 Temporary construction 1 18.21 19.70 11/2 2 30.35 32.80 60.70 65.60 2. Outside city limits ("OCL"): Meter Size (Inches) Effective January 1, 2016 January 1, 2018 r Residential 5/8 —3/4 Commercial 5/8 —3/4 Residential and Commercial 1 $ 1'1.57 15.75 1'1.57 15.75 21.85 23.65 Page 2 b. Untreated water customers. Effective January 1, 20162018 Minimum monthly service charge, water districts/municipalities with raw water supply contracts executed after January 1, 1997 Minimum monthly service charge for public agency for resale untreated water without a raw water supply contract executed after January 1, 1997 1 Minimum monthly service charge, industrial $'117.99 440.98 25'1.57 268.57 '136.88 460.91 Page 3 11/2 36A2 39.35 2 72.8'1 78.70 3 116.5'1 125.95 4 233.09 251.85 6 36'1.20 393.45 8 and larger 728A0 786.90 Large Volume Any size Temporary construction 1 11/21. 2 38,015.00 41,068.00 21.85 23.65 36A2 39.35 72.8'1 78.70 b. Untreated water customers. Effective January 1, 20162018 Minimum monthly service charge, water districts/municipalities with raw water supply contracts executed after January 1, 1997 Minimum monthly service charge for public agency for resale untreated water without a raw water supply contract executed after January 1, 1997 1 Minimum monthly service charge, industrial $'117.99 440.98 25'1.57 268.57 '136.88 460.91 Page 3 1 Minimum monthly service charge, domestic 1'1.55 15.35 Minimum annual service charge, domestic Minimum monthly service charge, agricultural irrigation water service Minimum monthly service charge, temporary construction water service Minimum monthly service charge, temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority 1'15.62 153.63 218.29 230.30 291.05 307.06 1,679.6'1 1.772.02 Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $25'1.57268.57, the customer shall be billed $25'1.57268.57, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. c. Blended water customers. Effective January 1, 2016 January 1, 2018 i Any size $36,280.00 38,275.40 (2) Monthly volume charges per 1,000 gallons. a. Residential rate. 1. Inside city limits: J 1 Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Minimum* Page 4 Next 4,000 Gallons $64-76.60 Next 9,000 Gallons 6.980 7.55 Over 15,000 Gallons 7.59 8.20 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Next 4,000 Gallons Next 9,000 Gallons Over 15,000 Gallons *Use the minimum charges in subsection (a)(1). b. Commercial rate. 1. Inside city limits: Minimum* $2.31 2.55 2.92 3.15 3.65 3.95 Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Minimum* Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Outside city limits: $6.781 7.20 Page 5 1 Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Minimum* Over 2,000 Gallons $3.012 3.60 *Use the minimum charges in subsection (a)(1). c. Golf course and athletic field irrigation water inside city limits. Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Minimum* Over 2,000 Gallons $3.092 3.55 *Use the minimum charges in subsection (a)(1) for ICL customer. d. Residential irrigation water on separate meter. 1. Inside city limits: Meter Size (Inches) JOL Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Over 2,000 Gallons 2. Outside city limits Minimum* $7.59 8.20 Meter Size (Inches) Effective January 1, 2016 January 1, 2018 Page 6 First 2,000 Gallons Over 2,000 Gallons e. Resale treated water rates. Minimum* $3.65 3.95 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: Effective January 1, 2017 January 1, 2018 First 2,000 Gallons Minimum* Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). $1.331 1.405 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: Effective January 1, 2017 January 1, 2018 First 2,000 Gallons Minimum* Over 2,000 Gallons $1.930 2.236 *Use the minimum charges in subsection (a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve-month period. 1. Inside city limits: Page 7 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Outside city limits: $5.686 6.00 Effective January 1, 2016 January 1, 2018 First 10,000,000 Gallons Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1). g. Minimum* $1.998 2.40 Large volume blended water customers. A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a large volume blended water customer. 1. Inside city limits: Effective January 1, 2016 January 1, 2018 1 First 10,000,000 Gallons Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Minimum* $3.628 3.828 Page 8 First 10,000,000 Gallons Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1). 3. Peaking factor. [To be determined.] h. Temporary water service. 1. Treated water. A. Inside city limits: Minimum* $0.127 0.134 Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). B. Outside city limits: Minimum* $6.781 7.20 Effective January 1, 2016 January 1, 2018 First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Untreated water. A. Inside city limits: Minimum* $3.012 3.60 Page 9 First 2,000 Gallons Over 2,000 Gallons Minimum* 2 x RWCA *Use the minimum charges in subsection (a)(1). B. Outside city limits: Effective January 1, 20162018 First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). i. Agricultural irrigation water outside city limits. Minimum* 2 x RWCA Effective January 1, First 2,000 Gallons Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). J. Minimum* 2 x RWCA Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. Page 10 k. Temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority. Effective January 1, 2016 2018 First acre foot or fraction thereof Minimum* Over acre foot $1,206.98 1,273.36 per acre foot or fraction thereof *Use the minimum charges in subsection (a)(1). (b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)g. of this section.) The RWCA will be based on projected system -wide raw water sales, adjusted for water losses. The RWCA will be calculated every odd -numbered year no later than October 1 to be effective the following January of even -numbered years using the adopted utility rate model. Two (2) subsequent years' RWCA will be calculated according to the following procedures, and then an average rate determined which will yield raw water required revenues over a two-year period: (1) Use projected system -wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) Include budgeted expenditures for purchases of water. (4) Include purchases of water rights, amortized over the duration of the water right agreement. (5) Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half-year convention used in the year of acquisition. (6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. (7) Page 11 (9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. (10) Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) (11) Include funds necessary to collect coverage required on current annual debt service in order to comply with bond covenants, and improve the financial position and bond ratings of the city's water fund. (12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. (13) Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). (14) Include funds necessary to establish and maintain a future water resources reserve fund (water supply development reserve) with an ultimate target balance of thirty million dollars ($30,000,000.00), and an annual contribution of approximately two million dollars ($2,000,000.00) per fiscal year. Revenue from this water supply development reserve will be deposited into a fund set aside for this purpose. (15) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. (16) Determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold for the prior two (2) years. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the RWCA. (c) Definitions. Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the city's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: Construction, including debt service, operation, and maintenance of dams and reservoirs. Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. Construction, including debt service, operation, and maintenance of wells. Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. Page 12 Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. (d) The raw water cost adjustment shall be calculated on an annual basis for those large volume wholesale customers with contracts containing such provisions. (Ord. No. 9472, 8-27-1969; Ord. No. 11613, 8-8-1973; Ord. No. 12208, §§ 1, 2, 8-7-1974; Ord. No. 14140, §§ 1-3, 1-25-1978; Ord. No. 16446, §§ 1, 2, 8-12-1981; Ord. No. 16593 § 1, 10-14- 1981; Ord. No. 17166, §§ 1-3, 7-28-1982; Ord. No. 17762, §§ 1, 2, 8-3-1983; Ord. No. 18351, §§ 1, 2, 7-24-1984; Ord. No. 18587, §§ 1, 2, 12-4-1984; Ord. No. 20411, §§ 1, 2, 7-26-1988; Ord. No. 21001, § 1, 10-9-1990; Ord. No. 21438, §§ 1-4, 7-21-1992; Ord. No. 21814, § 1(a) - (c), 12-14-1993; Ord. No. 22741, § 1, 11-12-1996; Ord. No. 22832, § 1, 1-28-1997; Ord. No. 22879, § 1, 3-25-1997; Ord. No. 23706, § 1, 7-20-1999; Ord. No. 23910, § 1, 1-11-2000; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § la, 7-24-2001; Ord. No. 24969, § 1, 7-23-2002; Ord. No. 25386, § 1, 7-22-2003; Ord. No. 025866, § 1, 7-27-2004; Ord. No. 026368, § 1, 7-26- 2005; Ord. No. 026900, § 1, 7-25-2006; Ord. No. 027355, § 1, 7-24-2007; Ord. No. 027781, § 1, 7-22-2008; Ord. No. 028256, § 1, 7-28-2009; Ord. No. 028686, § 1, 7-20-2010; Ord. No. 029158, § 1, 7-26-2010; Ord. No. 029386, § 1, 2-28-2012; Ord. No. 029584, § 1, 7-31-2012; Ord. No. 029917, § 1, 7-30-2013; Ord. No. 030242, § 2(Exh. A), 7-29-2014; Ord. No. 030295, § 1, 9-23-2014; Ord. No. 030605, § 1, 9-8-2015; Ord. No. 030718, § 1, 12-15-2015; Ord. No. 031028, § 1, 12-20-2016) Page 13 SECTION 2. Section 55-100 of the Corpus Christi Code of Ordinances regarding wastewater rates is revised with new rates as shown in underlined text below to be effective on January 1, 2018. Sec. 55-100. - Schedule. (a) The monthly charge to be paid by users of sewer service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount of water used by the user according to the following rates: Classification Effective January 1, 24462018 r r Inside city limits One -family minimum monthly charge (first 2,000 gallons) Next 4,000 gallons Next 9,000 gallons Over 15,000 gallons Insidc city limits Onc family per 1,000 gallons ovcr 2,000 Inside city limits One -family maximum monthly charge (up to 25,000 gallons) Outside city limits One -family minimum monthly charge (first 2,000 gallons) Next 4,000 gallons Next 9,000 gallons Over 15,000 gallons Outsidc city limits Onc family per 1,000 gallons ovcr 2,000 $ 3'1.03 32.60 3.25 4.85 7.25 6.69 187.90 161.75 '12.5'1 40.75 6.25 9.35 14.00 1'1.85 Page 14 Outside city limits One -family maximum monthly charge (up to 25,000 gallons) Inside city limits Commercial minimum monthly charge (first 2,000 gallons) Inside city limits Commercial per 1,000 gallons over 2,000 Outside city limits Commercial minimum monthly charge (first 2,000 gallons) Outside city limits Commercial per 1,000 gallons over 2,000 38'1.09 289.90 '16.02 44.75 47-94.70 57.53 55.95 9.59 9.35 _(b) The amount of water used to compute the monthly bills to ono family rocidontial cuctomorc shall bo computed every two (2) years on the basis of the "winter average" or "interim average" that is calculated under this subsection. (1) Definitions. December 1 of each even numbered year. "winter averaging wastewater charge period" based upon their average monthly water consumption during that period. "winter average usage" as defined in subsection (b)(1)b. of this section is ostabliched for tho individual customer. d. Service area: The geographic region served by the city's wastewater system. (2) Winter average criteria. a. The customer must receive wastewater service at one (1) location during the three (3) consecutive reading periods in order to establish a "winter average usage". b. "Winter average usage" charges shall apply to one family residential customers only. c. The "winter average usage" shall be based on a customer's average water consumption for three (3) complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each even numbered year. d. The following method will be used to calculate a customers "winter average usage": 1. Add the three (3) winter months' water consumption to get total water consumption Page 15 2. Divide three month usage amount by three (3) to get winter average usage. Such winter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. calculate the customer's wastewater bill for each month until a new winter average usage is ■- 31 will reflect wastewater usage based on the previous "wintor avoraging wastewater chargo period". f. New and relocating customers; adjustments: 1. Customers new to the service area, who have not established a "winter average", shall be billed at the "interim average" rate. average" at their previous address, shall be billed at the "interim average" rate or their "winter average" rate at the previous address, whichever is less. "winter average" at their previous address, shall be billed at the "interim average" rate. /1. When a customer experiences a substantial incroase in water or wastewater usago from hidden water leaks in the plumbing system during the wintor avorage chargo period, and if the customer can produce proof of repairs, the director of finance or the director's designee may adjust the wastewater bill. (sb) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index, two hundred fifty (250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in section 55-148. (Code 1958, § 38-49; Ord. No. 9863, § 1, 7-29-1970; Ord. No. 11612, § 1, 8-8-1973; Ord. No. 12209, § 1, 8-7-1974; Ord. No. 12656, § 1, 6-25-1975; Ord. No. 13860, § 1, 8-3-1977; Ord. No. 15700, § 1, 8-13-1980; Ord. No. 16448, § 1, 8-12-1981; Ord. No. 17156, § I, 7-28-1982; Ord. No. 17763, § 1, 8-3-1983; Ord. No. 18352, § 1, 7-24-1984; Ord. No. 18940, § 1, 7-23-1985; Ord. No. 19403, § 1, 7-29-1986; Ord. No. 20412, § 1, 7-26-1988; Ord. No. 20748, § 1, 8-8-1989; Ord. No. 21001, § 1, 10-9-1990; Ord. No. 21440, § 1, 7-21-1992; Ord. No. 21662, § 1, 5-25-1993; Ord. No. 21671, § 1, 6-8-1993; Ord. No. 21814, § 1(e), (0, 12-14-1993; Ord. No. 21965, § 1, 6- 14-1994; Ord. No. 22743, § 1, 11-12-1996; Ord. No. 23706, § 1, 7-20-1999; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § le, 7-24-2001; Ord. No. 24969, § 6, 7-23-2002; Ord. No. 25396, § 6, 7-22-2003; Ord. No. 025866, § 5, 7-27-2004; Ord. No. 026368, § 5, 7-26-2005; Ord. No. 026900, § 5, 7-25-2006; Ord. No. 027355, § 5, 7-24-2007; Ord. No. 027781, § 7, 7-22-2008; Ord. No. 028256, § 5, 7-28-2009; Ord. No. 028690, § 1, 7-20-2010; Ord. No. 029160, § 3, 7-26- 2011; Ord. No. 029917, § 7, 7-30-2013; Ord. No. 030242, § 4(Exh. A), 7-29-2014; Ord. No. 030295, § 5, 9-23-2014; Ord. No. 030605, § 4, 9-8-2015) Page 16 Section 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance and all revised water and wastewater rates included in this ordinance take effect on January 1, 2018. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 17 Water Utility Rates City Council August 15, 2017 Rate Review Schedule Date Topic April 5, 2017 City Council Workshop June 21, 2017 City Council Workshop July 19, 2017 City Council Workshop August 15, 2017 August 22, 2017 City Council Meeting Water System 101 Water Utility Rate Model -- Update Water Utility Rate Model — Update 1st reading— Proposed Water Utility Rates 2nd reading — Proposed Water Utility Rates Assumptions for Water Rates • Proposed rates reflect a similar percent increase in volume charges for rate tiers • Rates rounded to nearest nickel for Retail customers • Rates based on a 'Cost of Service' model • Zero growth in usage per customer • 0.5% growth in number of connections • Utility Revenue Bonds - None will be issued for the remainder of FY17, or FY18 - Will be issued for FY19 • Does not include funding for proposed 2018 Bond issue • Applies to all rate classes 2-6,000 Proposed Water Rate Summary Usage (gallons) Current Proposed % increase from current DEMAND CHARGE: ICL Residential & Commercial Minimum Chg 12.14 13.15 OCL Residential & Commercial Minimum Chg 14.57 15.75 CUSTOMER CLASS: OCL Wholesale Public Agency OCL Residential OCL Commercial OCL Large Volume ICL Treated Lg Volume 0+ 0+ 1.33 1.41 1.93 2.24 6-15,000 15,000 + 2,000 + 10 million + 10 million + 2.34 2.92 3.65 3.01 2.00 5.69 2.55 3.15 3.95 3.60 2.40 6.00 ICL Residential 2-6,000 6.07 6.60 6-15,000 6.98 7.55 15,000 + 7.59 8.20 ICL Commercial Raw Water Cost Adj (RWCA) Raw Water Development Charge 2,000 + per 1,000 per 1,000 6.78 0.94 0.05 7.20 0.99 * 0.05 8.3% 8.1% 5.6% 15.9% 9.0% 7.9% 8.2% 19.6% 20.1% 5.4% 8.7% 8.2% 8.0% 6.2% 5% 0.0% * Same as July 21 workshop; differs from August 7 City Manager Memo regarding Water Utility Rates 4 Assumptions for Wastewater Rates • Wastewater rates tiered - billed based on actual water use (25,000 gallons cap) • Winter quarter averaging no longer used • "Rounding up" wastewater rates to nearest nickel • $12 million will be added to Wastewater Operating for 'pay as you go' Collection System Repair and Replacement Program • Rates based on a 'Cost of Service' model • Utility Revenue Bonds - None will be issued for the remainder of FY17, or FY18 - Will be issued for FY19 • Does not include funding for proposed 2018 Bond issue • Applies to all rate classes Proposed Wastewater Rate Summary RESIDENTIAL— Inside City Limits Current - Winter Qtr. Averaging Proposed -based on actual water usage Minimum charge—first 2,000 gallons $34.03 $32.60 Per 1,000 up to 25,000 $6.69 2,000 — 6,000 gallons 6,001— 15,000 gallons 15,001— 25,000 gallons $ 3.25 $ 4.85 $ 7.25 6 Inc (Dec) Water Utility Rates RESIDENTIAL— Inside City Limits SAMPLE BILL WATER Monthly Water Usage Current PROPOSED Inc (Dec) 3,000 gallons $21.19 $22.34 $1.15 4,000 gallons $28.25 5,000 gallons $35.31 $29.98 $1.73 $37.53 $2.22 8,000 gallons $58.32 $62.91 $4.59 WASTEWATER Winter Quarter Avg or Monthly Water Usage Current (Winter Qtr Avg) PROPOSED (Monthly Water Usage) 3,000 gallons $40.72 4,000 gallons $47.41 5,000 gallons $54.10 8,000 gallons $74.17 $35.85 ($4.87) $39.10 ($8.31) $42.35 ($11.75) $55.30 ($18.87) 7 Questions? AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 15, 2017 Second Reading Ordinance for the City Council Meeting of August 22, 2017 DATE: July 28, 2017 TO: Margie C. Rose, City Manager FROM: Alyssa Barrera, Business Liaison (361) 826-3356 Approval of Third Amendment to the TIRZ #3 Project & Financing Plan CAPTION: Ordinance approving the amendment to the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan approved by the Board of Directors of Reinvestment Zone Number Three, Corpus Christi, Texas on July 25, 2017. PURPOSE: The purpose of this item is to update the Amended Project & Financing Plan for Tax Increment Reinvestment Zone #3. BACKGROUND AND FINDINGS: In 2008, the City of Corpus Christi created Tax Increment Reinvestment Zone #3 in the City's Downtown, adopting a draft Project & Financing Plan (Project Plan). The Project Plan is required by the State, must include all activities of a Tax Increment Reinvestment Zone and must be adopted by the municipality by ordinance. In 2015, the TIRZ #3 Board and City Council approved an Amended Project Plan, which created programs and initiatives to facilitate the type of development needed in the downtown. In 2016, the TIRZ #3 Board and City Council approved a Second Amendment, which expanded programming and services from the Downtown Management District; refined Incentive Programs; and enabled funds to be expended for public, cultural and/or historic properties within the Zone, updated Del Mar College's Participation, and updated the Project Plan Budget for FY 2017. On July 25, 2017 the TIRZ #3 Board approved a Third Amendment to the Project Plan, including: • Rename the Site Assembly & Development category to Site Management & Development; • Discuss a Pilot Vacant Building Program in the Reinvestment Zone; • Expand both Parking Management and Traffic Pattern and Streetscapes to authorize funding for implementation; • Expand other Programs and Initiatives to include Cultural District Plan, upon Board's approval of the DMD's FY 2018 Scope of Services. This Third Amendment now comes to City Council for adoption by ordinance. ALTERNATIVES: City Council may choose not to adopt the Third Amendment to the Project Plan. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms with the Tax Code and City Charter. EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Finance, Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Beginning Fund Balance $3,388,432 $3,388,432 Proposed Revenue $1,300,973 $1,300,973 Proposed Expenditures $2,220,000 $2,220,000 DIFFERENCE $2,469,405 $2,469,405 RECOMMENDATION: Staff recommends approving the Project and Financing Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance —Third Amendment to TIRZ #3 Project & Financing Plan Third Amendment to TIRZ #3 Amended Project & Financing Plan (Track Changes Version) TIRZ #3 Board Resolution — Third Amendment to TIRZ #3 Amended Project & Financing Plan ORDINANCE APPROVING THE AMENDMENT TO THE TAX INCREMENT REINVESTMENT ZONE #3 AMENDED PROJECT & FINANCING PLAN APPROVED BY THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER THREE, CORPUS CHRISTI, TEXAS ON JULY 25, 2017. WHEREAS, in 2008, through Ordinance 027996, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Three, Corpus Christi, Texas," over a portion of the city that includes the City's downtown area; WHEREAS, Ordinance 027996 included a preliminary reinvestment zone financing plan; WHEREAS, on August 25, 2015, the City Council passed Ordinance 030592, which approved the "Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan"; WHEREAS, the "Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan" was last amended by City Council on September 27, 2016; WHEREAS, on July 25, 2017, the Board of Directors of Reinvestment Zone Number Three passed a resolution approving a third amendment to the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan; WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan for the Reinvestment Zone Number Three, Corpus Christi, Texas, as amended and approved by the Board of Directors of Reinvestment Zone Number Three by resolution on July 25, 2017. A copy of the Plan is attached hereto and incorporated as "Exhibit A." That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor City of Corpus Christi / Corpus Christi Downtown Management District Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan Introduction Tax Increment Financing is an economic development tool authorized by Chapter 311 of the Texas Tax Code, through which governments can designate a portion of tax increment to finance improvements to promote development of a defined area, called a "Reinvestment Zone." The defined area must meet one of the five criteria outlined in Chapter 311. In 2008, through Ordinance 027996, the City of Corpus Christi created Tax Increment Reinvestment Zone #3 ("TIRZ #3" or "the Zone"), over a portion of the city that includes the city's Downtown area. There have been three amendments to the ordinance; expansion of boundaries (April 2009), correction of termination date (March 2012) and correction of board composition (August 2014). A change in the economic climate immediately after the creation of TIRZ #3 hindered the performance of the fund and prevented any investment from occurring. Throughout this time, there has not been an update to the Preliminary Project & Financing Plan in the 2008 Ordinance. This document, the 2015 Amended Project & Financing Plan, is intended to replace the previous Project & Financing Plan and any future amendments will modify this version. This 2015 Amended Project & Financing Plan is based on research conducted for the Downtown Area Development Plan (DADP), currently underway. Upon completion of the DADP, there will be an amendment to refine aspects of the 2015 Amended Project & Financing Plan. TIRZ #3 consists of a Board of Directors and is supported by the City Manager's designee, currently the City's Business Liaison, and the Executive Director of the Corpus Christi Downtown Management District (DMD). Second Amendment (FY 2017) — To continue and enhance the Zone's efforts, this Amendment provides for programming and services from the DMD; refines some of the Incentive Programs; and provides the ability for TIRZ funds to be expended for public, cultural and/or historic properties within the Zone. Updates also include the commitment from Del Mar College's extended participation to the end of the Zone. Note: Schedule of Project Expenditures (Page 7) updated as Exhibit C — FY 2017 Project Plan Budget. Third Amendment (FY 2018) — this Amendment renames the (5) Site Assembly & Development category to (5) Site Management & Development and discusses a pilot vacant building program in the Reinvestment Zone. Additionally, both (6) Parking Management and (7) Traffic Pattern and Streetscapes expand to authorize funding for implementation. (8) Other Programs and Initiatives expands to include Cultural District Plan, upon Board's approval of the DMD's FY 2018 Scope of Services. Note: Schedule of Project Expenditures updated as Exhibit C — FY 2018 Project Plan Budget. Criteria for Zone Creation The 2008 Project Plan stated that the defined area of TIRZ #3 qualified for designation as a "Reinvestment Zone" because it suffered from "economic stagnation, inadequate infrastructure, and deteriorating 11 3age City of Corpus Christi / Corpus Christi Downtown Management District properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment." Conditions listed that met the Criteria of Chapter 311, Section 005 included: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to Chapter 311, these conditions must "substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use." Conditions in 2008 met these requirements, as indicated by the Market and Economic Study undertaken at that time. While our community has benefitted from a boost in economic activity since 2008, the Downtown did not see the same level of development. This solidifies the 2008 position that conditions would not be overcome or corrected without significant intervention and assistance from the public sector. A Consistent Vision for Downtown For decades, efforts had been made to improve and revitalize Downtown Corpus Christi, with various levels of success. The 2006 Downtown Redevelopment Vision resulted in the creation of TIRZ #3, but a change in environment prevented immediate implementation. Other efforts have included: 2004 — Bayfront Master Plan 2006 — Downtown Redevelopment Report 2013 — Central Business Development Plan 2014— RUDAT 2015 — Downtown Area Development Plan (Underway) The 2006 Redevelopment Report vision statement is consistent with the vision illustrated in the 2015 Downtown Area Development Plan, which is currently in draft form. "Downtown Corpus Christi is a safe, clean, pedestrian friendly community comprised of a central business district, arts and culture, sports and entertainment areas. This unique vibrant waterfront community will provide local residents, tourists and families' opportunities to enjoy fine restaurants, shops and residential facilities." Anticipated Zone Role in Downtown Improvements The 2008 Market and Economic Study indicated the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. It stated that the "current structure of Corpus Christi's economy, the aging of existing development, and inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in Downtown." The 2014 Analysis of Residential Market Potential repeated those themes, with extra emphasis on residential development and introduction of the concept of gap financing. Additionally, the 2015 environment has the new dynamic of regional investment valued at tens of billions of dollars. 21 Page City of Corpus Christi / Corpus Christi Downtown Management District The primary functions of TIRZ #3 will be • To Support Private Sector Development & Investment • To Plan & Construct Public Improvements • To Provide Revitalization Focused Programs & Services The Zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a changed public environment in Downtown. By improving and enhancing streets, sidewalks, and public spaces, plus upgrading utilities, the zone and the other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that Downtown will become a vibrant and economically vital urban waterfront district with a variety of residential, retail, and lodging uses, a strong office base, and popular public facilities. Project Plan Existing Uses and Conditions/Boundaries §311.01 (b) (1) The Zone includes approximately 856 acres wholly within the City of Corpus Christi. Its boundaries encompass nearly all of the Downtown area. A very wide variety of land uses are present within the TIRZ. The boundaries and land uses within the Zone are shown in Exhibit A. The existing conditions within the Zone are described generally below. A legal description of the Zone with a specific accounting for the proposed boundaries is given in Exhibit B. In the 2015 DADP, the identities of neighborhoods in the Downtown were emphasized as way to build unifying identities and create distinct experiences. Each of those regions is described generally below. SEA District - A large area of publicly owned cultural and entertainment facilities comprises the north end of the zone. These facilities include: • Port of Corpus Christi's Ortiz Center • Harbor • Corpus Christi Museum of Science & History Playhouse • Art Museum of South Texas • Brewster • Whataburger Field Street Icehouse • American Bank Convention Center & Arena • Heritage Park — Restored Historic Homes, now used as Non -Profit Offices or Cultural Museums. Moving south, the next few blocks vary between vacant, undeveloped land and low density residential, bordered to the west by Port facilities and storage space, southeast by the Port of Corpus Christi Offices and the Federal Courthouse. The southern portion of the SEA District also includes two restaurants, a vacant hotel, U -Haul, Fire Station #1 and the historic Nueces County Courthouse. IH 37 is the physical southern border of this area, with the transition from a highway to on and off ramps coming to surface grade. South of IH 37, a natural bluff distinguishes the high-rise, office building core of the Uptown. Broadway marks a topo-graphical change as the edge of a bluff, and the higher elevation area to the west of the street north of Lipan Street is characterized mainly by professional office uses, some in high-rise towers. TIRZ #3 picks up two blocks of Uptown, with Tancahua as the west border. Of Downtown's office properties, only the Frost Bank building is one of two Class "A" properties. Overall occupancy for the Downtown office market is around 80 percent. 31 Page City of Corpus Christi / Corpus Christi Downtown Management District Outside of the Zone, Uptown continues to include major government anchors, including Corpus Christi Independent School District Offices, Nueces County Courthouse, a Regional Transportation Authority Service Center {under construction) and Corpus Christi City Hall. Marina Arts District (Downtown Management District) — The area east of Broadway is lower in elevation and features a walkable pedestrian grid with a mix of land uses, including hotels, office, residential and retail. The boundary of this neighborhood is based on the petition of property owners that created the Downtown Management District in 1993. This area is the historic center of Corpus Christi, but many of the original buildings have been demolished, due to neglect or natural disasters. The last large wave of construction occurred in the 1980's. The most recent investment large scale private investment is currently under construction, a $27 million residential property with ground floor retail, the Cosmopolitan. The area is interspersed with surface parking lots and vacant, blighted property. In several places, public spaces and sidewalks are in deteriorated condition. Another unique feature of this neighborhood is the Corpus Christi Municipal Marina, spanning three man- made T -heads along the Bayfront. The Marina is comprised of over 600 slips, several restaurants and the Corpus Christi Yacht Club, the third oldest yacht club in the Gulf Coast. Bayshore Park Neighborhood — At Kinney Street, the Zone gets divided by a redundancy of roadways and a few vacant parcels. This portion of the Zone includes the YMCA, a Greek Orthodox Church, Episcopal Church, Methodist Church and several parks. Additionally, there is a mix of early 20th century single family homes and multi -family residential developments. The multi -family developments are truly a diverse mix, including high rise and mid -rise, market rate and affordable, ownership and rental, constructed at all different times with various architectural styles. Many of the original homes, especially at the south end of the neighborhood, have been converted to professional office use. This neighborhood would lend itself to the revitalization seen in older neighborhoods across the country, however an absence of neighborhood support services prevents the unification necessary to create this self identity. A potentially defining feature of this neighborhood is the 34 acres of park land for which the City is currently undergoing a Design -Build process to complete a Bond 2008 project that relocated traffic lanes to unite a patchwork of public space. The southeastern corner of the zone includes the Emerald Beach hotel and Marina del Sol condominiums. This neighborhood abuts the Christus Spohn Shoreline hospital complex. Christus Spohn Shoreline is just outside TIRZ #3 Boundaries, but the system is planning a $325 million investment in the community in the coming years. Municipal Ordinances §311.011 (b) (2) The City may modify existing ordinances in order to make the area in and around TIRZ #3 more friendly to the types of residential and recreational activity desired. Some other policies that will be updated include building design, setbacks and streetscape requirements, in order to establish a built environment that supports the downtown character. City Planned Improvements (Non Project Costs) §311.011 (b) (3) The City of Corpus Christi has over $29 million in improvement projects currently funded and in some stage of planning or construction, independent from this TIRZ #3 Project Plan. The City will continue to use Bonds packages a major source of public improvement funding. Project Source Timeframe Cost 41 Page City of Corpus Christi / Corpus Christi Downtown Management District Shoreline Realignment Bond 2008 Ongoing $13,000,000 SEA District Improvements Bond 2012 2015-2016 $500,000 Chaparral St. Phase II Bond 2014 2015-2016 $9,000,000 Water Street Improvements Bond 2014 2015-2016 $5,000,000 Streetscape Improvements Bond 2014 2015-2015 $1,500,000 Wayfinding Program HOT Funds 2015 $200,000 Total $29,200,000 Relocation §311.011 (b) (4) No relocation of existing residents is anticipated to be required as part of the Project Plan. Financing Plan Estimated Project Cost Description (§311.011 (c) (1) & Kind, Number and Location of TIRZ Improvements §311.001 (c) (2) TIRZ #3 is anticipated to participate in projects that support the development and economic activity projected in the DADP, especially when cost of development creates a gap due to utility or infrastructure conditions. The initial focus is on residential and mixed-use development. 1. Chaparral Street Property Improvement Grant Program — This three-year matching grant program will support and encourage private investment in the built environment along Chaparral Street for active businesses. Due to its "Main Street" characteristics and its function of connecting the Marina Arts District (Downtown Management District Boundary) and SEA District, Chaparral Street is a first phase priority for successful revitalization of the Zone. During FY 2016-2019, TIRZ #3 will make $200,000 available per year to match approved property improvements funded by the property owners. The Zone will consider from a 50/50, up to 30/70 match, depending on how the scope of the project meets the priorities of the Zone. Applications will be accepted until the allocation is exhausted for each fiscal year. 2. New Tenant Commercial Finish -Out Grant Program— In order to support mixed-use developments and the demand for more dining and entertainment venues in the Downtown, the Zone will reimburse approved leasable new tenant finish -outs at a maximum rate of $10 per square foot. First -floor, active street use projects will be a priority consideration. During FY 2016- 2019, $100,000 will be allocated annually. Qualified expenses include: floor and wall upgrades, HVAC, kitchen equipment, awnings and other permanent, semi-permanent fixtures. Grant is reimbursable to the Tenant, but written approval must come from Landlord in application. Applications will be accepted until the allocation is exhausted for each fiscal year. 3. Downtown Living Initiative —The Residential Demand Study conducted for the DADP stated that over the next 5 years, 1,850 new units could be absorbed in the greater downtown if the threshold made investment attractive. Apartment occupancy was 94.2% in the first Quarter of 2015 (industry considers 96% to be full occupancy). In order to stimulate development, for FY 2016-2019, the Zone will provide a $10,000 per unit reimbursement grant for multi -family developments of over 10 units 51 Page City of Corpus Christi / Corpus Christi Downtown Management District that meet the required design criteria. Applications will be accepted until the allocation is exhausted for each fiscal year, and allocations may be split between years and committed in advance. 4. Project Specific Development Agreement — In situations where higher development costs create a financing gap, TIRZ #3 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net new tax increment. A pro -forma is required to qualify for up to 75% reimbursement of the new taxes for 10 years if a development is 5,000 sq. ft or creating 25 or more new residential units. If further gap exists, staff will undertake additional third party review to justify any additional reimbursement, based on the "but, for" principle. The qualifying elements for this Program include: • Environmental Remediation/Code Compliance • Historic Preservation • Structured Parking • Urban Design/Landscaping • Public Improvements/Utilities F; Residential Developments over 100 Units may be considered as an individual cost element. 5. Site Assembly Management & Development — In FY 2017 and 2018, TIRZ #3 will develop a program to facilitate activation of vacant properties within the Zone and propose to City Council adoption of a downtown vacant building ordinance. The program will establish minimum requirements for vacant properties and designate registered properties as eligible for incentives or emergency funding. Funding will be allocated to establish and administer the program. In order to activate strategically located properties, TIRZ #3 may place properties under option and work towards developing proposals for development, then assist in acquisition and development of the properties. Additionally, the Zone may purchase properties outright for redevelopment and dispose of properties, if approved by the Board. Under this initiative, funding may also be expended for stabilization or redevelopment of public, cultural and/or historic properties. 6. Parking Study & Development— In key locations where parking is undersupplied or inadequately distributed, the Zone can assist in providing public parking facilities such as on -street spaces or off- street lots and structures. TIRZ #3 will conduct a study in FY 2016 in order to develop a strategic approach for parking in the Downtown. Additionally, the Zone may support any efforts City may undertake for appropriate parking management infrastructure such as meters, lot improvements, structured lots garages and occupancy monitoring systems. 7. Traffic Pattern Study & Streetscapes — TIRZ #3 may contribute to studies for traffic movement and improvements in roadway infrastructure (repaving, repair, widening, redesign), traffic management infrastructure (signals, signs), and beautification (landscaping in medians, special lighting, etcn). In F\' 20 The Zone will contribute up to $150,000 for a traffic pattern study as the first phase of this initiative. Additionally, pedestrian accommodations and streetscapes will be a priority. Funds may also be expended on implementation of infrastructure improvements, as budgeted. 61 Page City of Corpus Christi / Corpus Christi Downtown Management District Other Programs & Initiatives — TIRZ #3 will develop other programs and initiatives that will be presented to the Board for approval, during the life of the Zone. In FY 2017, the following initiatives are being added: • Downtown Management District Bike Share Initiative • Downtown Management District Expanded Scope of Services. FY 2018 — Downtown Management District — Cultural District Plan 9. Management & Professional Services- Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. These costs were originally estimated at $50,000 per year for the 20 -year life of the Zone, but to date the only dollars expended have been for state reporting requirements. Staff plans to strategically engage outside resources to evaluate revenue projections and continue to develop innovative, effective programs. Economic Feasibility Study §311.011 (c) (3) The 2008 Market and Economic Feasibility Study for TIRZ #3 was completed by CDS Market Research I Spillette. In 2014 and 2015, Goody Clancy completed additional studies that reflect the more recent environment, and emphasize the importance of residential development in any revitalization. Those studies include: • Residential Market Potential (Zimmerman/Volk) — final • Retail Market Analysis & Strategy (Mike Berne) — draft • Hotel, Office, Retail (W-ZHA, Sarah Woodworth) — draft • Incentives & Development Economics (W-ZHA, Sarah Woodworth) — draft Estimate of Bonded Indebtedness §311.011 (c) (4) It was not anticipated that TIRZ would issue bonded debt, but would be funded on a pay-as-you-go basis. If the annual revenue and available non -bonded debt financing are insufficient to address the needs of TIRZ #3, we may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual Zone revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c) (5) Costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you- go project expenditure approach. The following table summarizes proposed planned expenditures for TIRZ #3 until FY 2019. Another set of programs will be proposed in FY 2018, based on an assessment of needs at that time. Schedule of Project Expenditures FY FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 Year 2015 2016 2017 2018 2019 Beg. Bal $1,563,751 $2,333,342 $1,730,387 $1,540,935 $1,631,307 + New Increment1 794,591 997,045 1,160,548 1,440,372 1,615,149 1 Chaparral Street Grant Program2 200,000 200,000 200,000 71 Page City of Corpus Christi / Corpus Christi Downtown Management District 2 New Tenant Commercial Fin Grant ProgramSee sh nut 1 1 100 000 1 100 000 1 100,000 Tax Revenue Exhibit C for FY 2017 3 Downtown Living Initiative2 000,000 County 4 Project Specific Developmen Agreement3 Update of Project Budget TBD TBD 5 Site Assembly & Developmei FY 10 $ 8,655,793 6 Parking Study & Developmer._ $ 50,400 $ - $ - $ 50,400 FY 11 21,931,954 4,698,427 7 Traffic Pattern Analysis & Streetscapes 127,703 150,000 12,059 156,251 FY 12 8 Other Programs & Initiative 15,449,665 15,290,811 129,988 54,227 39,451 9 Management & Professional Services 25,000 50,000 50,000 50,000 50,000 Expenditure Totals 25,000 1,600,000 1,350,000 1,350,000 50,000 TIRZ Ending Balance 2,333,342 1,730,387 1,540,935 1,631,307 3,196,456 Notes: 1 Increment Projection developed by CCREDC, will be monitored closely to ensure program allocations 2 Program allocations will be authorized each Fiscal Year. 3 Incentive available will be based on the amount of investment and increment generated by private sector. Method of Financing and Sources of Revenue §311.011(c) (6) Methods of Financing. TIRZ #3 will initially take a primarily pay-as-you-go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Developer cash reimbursement agreements where the revenues from the Zone's property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project. • If future Zone revenues to support debt service payments are anticipated, the Zone may also issue bonded debt, the term of which will not extend past the expected life of the Zone. Sources of Revenue. The primary source of revenue for TIRZ #3 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, and Del Mar College on the taxable property value increment within TIRZ #3. The City, and County, and Del Mar College have agreed to participate in funding TIRZ #3 with 100% of the incremental property taxes collected over the life of the Zone. ... .. The assessed value base year for the City of Corpus Christi is 2009; the base year or Nueces County and Del Mar College is 2010. The 2015 adjusted projection of incremental property tax revenue contributed to the Zone is as follows: Sources of Revenue Year Increment Value Tax Revenue City County Del Mar City County Del Mar TOTAL FY 10 $ 8,655,793 $ 50,400 $ - $ - $ 50,400 FY 11 21,931,954 4,698,427 4,674,139 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,665 15,290,811 129,988 54,227 39,451 223,666 FY 13 43,910,295 38,988,148 38,041,488 250,533 136,845 98,148 485,526 FY 14 57,920,528 52,767,539 51,604,697 338,988 179,932 129,355 648,275 FY 15 71, 728,002 65, 346, 609 63, 906, 562 419,798 216,258 158,535 794,591 FY 16 90, 003, 549 81, 996, 244 80,189, 287 526,758 271,358 198,928 997,045 81 Page City of Corpus Christi / Corpus Christi Downtown Management District FY 17 104, 763, 037 95, 442, 631 93, 339, 356 613,140 315,858 231,550 1,160, 548 FY 18 130, 022, 872 118, 455,186 115, 844, 781 760,977 392,016 287,380 1,440,372 FY 19 145, 800, 015 132, 828, 691 129, 901, 537 853,315 439,583 322,251 1,615,149 FY 20 173,112, 004 157, 710, 826 154, 235, 343 1,013,162 521,928 382,616 1,917,707 FY 21 189, 976, 968 173, 075, 373 169, 261, 300 1,111, 867 572,776 419,892 2,104, 534 FY 22 207,413,655 188,960,778 184,796,638 1,213,917 625,342 458,431 2,297,695 FY 23 225, 441, 446 205, 384, 699 200, 858, 623 1,319,428 679,70C 498,276 2,497,404 FY 24 244, 080, 379 222, 365, 390 217, 465,110 1,428,515 735,896 539,472 2,703,883 FY 25 263, 351,172 239, 921, 727 234, 634, 557 1,541,300 793,99-,, 582,065 2,917,362 FY 26 283, 275, 244 258, 073, 223 252, 386, 047 1,657,908 854,068 626,102 3,138, 077 FY 27 303,874,743 276,840,056 270,739,314 1,778,469 916,174 671,631 3,366,275 FY 28 325,172, 564 296, 243, 083 289, 714, 756 1,903,118 980,387 718,704 3,602,209 FY 29 347,192,382 316,303,874 309,333,466 2,031,992 1,046,776 767,373 3,846,141 $ 35,963,109 These estimates will continue to be monitored and adjusted quarterly. Current Appraised Value & Estimated Captured Appraised Value §311.011(c)(7), (8) According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $310,019,372. The table above projects taxable value increment captured by the Zone over the remainder of its duration, if all taxing entities continue participation. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the three jurisdictions. Captured value projections assume a 3.39% annual value appreciation rate for existing development, based on estimates by economist Dr. Ray Perryman and do not take into account future investments. Duration of the Zone §311.011(c)(9) TIRZ #3 will exist until 2028, however, the Board, City and other taxing entities may agree to extend the Zone. 91 Page List of Exhibits Exhibit A Exhibit B Exhibit C City of Corpus Christi / Corpus Christi Downtown Management District TIRZ #3 Boundaries and Land Uses Legal Description FY 2017 Project Nan Budget FY 2018 Project Plan Budget 101 Sage City of Corpus Christi / Corpus Christi Downtown Management District Exhibit A— Boundaries & Land Use • TIRZ Boundary O • SEA District LJ • Uptown • Marina Arts District (DMD) • k3ayshore Park O Tax Increment Finance District #3 MEMO 1112r0 Amps ere poos•cort• xullering mon vem Prepared By. MBB Pnnlin9 Date: Thul9d4y, [Winer 18, 2007 9:14:41 AM Project Source: City of Corpus Chnstl • Development Senece0 d:/1 City of Corpus Christi 111 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit B - Legal Description of the Zone BEGINNING AT A POINT on the center line of the Corpus Christi Ship Channel and commonly known as the Corpus Christi — Port Aransas Waterway at its intersection with the northerly extension of the West right-of-way line of Sam Rankin Street; Thence Easterly along the centerline of the Corpus Christi — Port Aransas Waterway to its intersection with the northerly extension of a line parallel with the breakwater 50' feet on the east side for a point in the Corpus Christi Bay and the Northeast corner; Thence Southerly along said line, being 50 feet on the East side and parallel with the breakwater, following the meanders of the breakwater in the Corpus Christi Bay to its intersection with an "A-2" zoning line approximately 1,000 feet from the shoreline and parallel with the East right-of-way line of Shoreline Boulevard for a point in the Corpus Christi Bay; Thence Southwesterly along said "A-2" zoning line extending parallel and approximately 1,040 feet from the East right-of-way line of South Shoreline Boulevard to its intersection with a second "A-2" zoning line extending parallel and approximately 1,000 feet from an existing 18 foot seawall easement, inside the Marina Del Sol Boat Harbor, for a point in the Corpus Christi Bay; Thence Southeasterly along said line 200 feet more or less past its intersection with the easterly extension of the south most boundary of Lot 3, Block 1 of Marina Del Sol Subdivision for a point in the Corpus Christi Bay and the Southeast corner; Thence Southwest along a line 200 feet more or less to the South and parallel with the extension of the south boundary of Lot 3, Block 1 of Marina Del Sol Subdivision to the Corpus Christi Bay Shoreline; Thence Northwest along the Corpus Christi Bay Shoreline to its intersection with the extension of the South most boundary of Lot 3, Block 1 of Marina Del Sol Subdivision; Thence Southwest along the South boundary of Lot 3, Block 1 of Marina Del Sol Subdivision, 540 feet more or less to the centerline of Ocean Drive for a point; Thence Northwest along the centerline of Ocean Drive to its intersection with the centerline of Morgan Avenue; Thence Southwest along the centerline of Morgan Avenue, to a point in the center line of Santa Fe Street for the Southwest corner; Thence Northwest along the centerline of Santa Fe Street to its intersection with the centerline of Hancock Street; Thence Southeast along the centerline of Hancock Street to its intersection with the centerline of South Tancahua Street:; Thence Northerly along the centerline of South Tancahua Street, passing Furman, Coleman, Park, Agnes, and Laredo Street, to a point in the centerline where South Tancahua becomes North Tancahua, and continuing along North Tancahua, passing Kinney, Blucher, Comanche, Lipan, Leopard, Antelope and Buffalo Street and continuing past IH 37 to its intersection with the centerline of the existing northwest frontage road of I.H. 37, for a point; Thence Northeast along the centerline of said existing northwest frontage road of I.H. 37 to its intersection with the South right-of-way line of West Broadway Street for a point; Thence along the South right-of-way line of West Broadway Street to its intersection with the westerly extension of the South right-of-way line of Concrete Street for a point; Thence Northeasterly along the South right-of-way line of Concrete Street extended, to its intersection with the north right-of- way line of West Broadway Street, for a point; Thence Northwesterly along the North right-of-way line of West Broadway Street to the Southeast property line of the City of Corpus Christi's Broadway Wastewater Treatment Plant; Thence Northeasterly along the City of Corpus Christi's Broadway Wastewater Treatment Plant Southeast property line to its intersection with the common South boundary line of Lots 1, Block 58 of the Beach Addition; Thence West along the South boundary line of Lot 1, Block 58 out of the Beach Addition, to its Southwest corner for a point; 121 Sage City of Corpus Christi / Corpus Christi Downtown Management District Thence Northwest along the common, West boundary line of Lots 1 thru 6, Block 58, of the Beach Addition, to its intersection with the South right-of-way line of Resaca Street; Thence Northeast along the South right-of-way line of Resaca Street to its intersection with the centerline of Tancahua Street, for a point; Thence Northwest along the centerline of Tancahua Street to its intersection with the centerline of Port Avenue, for a point; Thence Southwest along the centerline of Port Avenue, to its intersection with the West right-of-way line of Sam Rankin Street for an outside corner; Thence Northerly along the West right-of-way line of Sam Rankin Street and its extension to its intersection with the centerline of the Corpus Christi — Port Aransas Waterway center line in the Corpus Christi Ship Channel to the POINT OF BEGINNING. Excluded properties to meet state statute prohibiting Tax Increment Financing Districts from containing 10% or more of the area used for residential purposes: Beach Addition Block 55 Lots 10 thru 12 13 1 Sage City of Corpus Christi / Corpus Christi Downtown Management District Exhibit C Tax Increment Reinvestment Zone #3 Proposed Budget FY 2017 Year FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Budget Actual Budget Estimated Proposed Future Futare Beg. Bal $ 1,563,751 5 1,563,751 $ 2,2 97.833 $ 2,253,569 $ 2,930,612 $ 2,253,464 $ 1,508,279 +Increment Revenue $ 734,082 $ 691,162 $ 994,117 5 865,843 $ 1,127,852 $ 1.409815 $ 1,762,269 1 Chaparral St Grant Program $ - $ - $ 200,000 $ 72,800 5 204000 $ 200,000 5 - 2 New Tenant Commercial Finish Out Grant Prof $ - 5 - $ 100,000 $ - $ 104000 $ 100,000 $ - 3 Downtown Living lnitiative 5 - S - I5 1.000.000 5 - S 903.000 5 910,000 5 - 4 Project Specific Development Agreement- 5 Site Management & Development $ - 5 site Assembly & Development See Below for FY 2018 - $ - 6Parking Study &Development Parking Study & Development - $ 7 Traffic Pattern Analysis &Streetscapes $ 50,000 500,000 5 1,0(4000 8 Other & Initiatives Update Project Budget 350.0 000 450 9Managemgrams ent&ProfessiionalServices Other Programs & Initiatives of $ - $ 350,000 $ TOTAL EXPENDITURES 9 2,155,000 $ 1,470000 End Bal $ 50,000 1,508,279 $ 1,800.548 Neta: 1 Ending FY 2016 Increment is not final. 1 1 1 1 1 1 2 Other Programs & Initiatives are DMO Requests for funding in FY 17. Project Plan will need to be updated to reflect changes. 1 1 1 1 1 1 1 Proposed Budget FY 2018 141 Page Year FY 2016 FY 2016 FY 2017 FY 2018 Budget Actual Budget Estimated Proposed Beg. Bal $ 2,297,833 $ 2,253,569 $ 2,953,576 $ 2,992,483 $ 3,388,432 + Increment Revenue $ 994,117 $ 914,191 $ 1,127,852 $ 1,070,317 $ 1,291,273 1 Chaparral St. Grant Program $ 200,000 $ 71,942 $ 200,000 $ 100,000 $ 200,000 2 New Tenant Commercial Finish Out Grant Program $ 100,000 $ - $ 100,000 $ 15,000 $ 100,000 3 Downtown Living Initiative $ 1,000,000 $ - $ 905,000 $ - $ 725,000 4 Project Specific Development Agreement $ - $ - $ - $ - $ - 5 Site Management & Development $ - $ - $ - $ - $ 100,000 6 Parking Study & Development $ 100,000 $ 98,534 $ 50,000 $ 50,000 $ 150,000 7 Traffic Pattern Analysis & Streetscapes $ 150,000 $ - $ 150,000 $ 150,000 $ 500,000 8 Other Programs & Initiatives $ - $ 350,000 $ 350,000 $ 395,000 9 Management & Professional Services $ 50,000 $ 4,801 $ 50,000 $ 9,368 $ 50,000 TOTAL EXPENDITURES $ 1,600,000 $ 175,277 $ 1,805,000 $ 674,368 $ 2,220,000 End Bal $ 1,691,950 $ 2,992,483 $ 2,276,428 r$ 3,388,432 $ 2,459,705 I 141 Page RESOLUTION Resolution approving the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan WHEREAS, in 2008, through Ordinance 027996, the City of Corpus Christi (the "City") created Tax Increment Reinvestment Zone #3 (TIRZ #3) over a portion of the City that includes the City's Downtown area; WHEREAS, a change in the economic climate immediately after the creation of T1RZ #3 hindered the performance of the fund and prevented any investment from occurring until now; WHEREAS, the Board of TIRZ #3 (the "Board") adopted the Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan (the "Plan") by Resolution; WHEREAS, the Board most recently approved an amendment to the Plan on August 23, 2016; and WHEREAS, the Board wishes to make certain changes and amendments to the Plan; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TAX REINVESTMENT ZONE #3: SECTION 1. The Board adopts the attached Amended Project and Financing Plan. This resolution takes effect upon Board approval on this thew day of cji�� 2017. ATTEST: THE BOARD OF TAX REINVESTMENT ZONE #3 {{Lk{ j.)._),, I) _.)'- Rebecca Huerta Carolyn VaugHn Secretary Chair APPROVED: 2 day of ..J L - i LI , 2017. Corpus Christi, Texas of -31-11 , 2017 The above resolution was passed by the following vote: Carolyn Vaughn Rudy Garza Paulette Guajardo Michael Hunter Claudia Jackson Al Jones Debbie Lindsey -Opel Joe McComb Ben Molina Mike Pusley Lucy Rubio Greg Smith °tit itiWr 'Aide cuie CLbStnd' GIL AGENDA MEMORANDUM Future item for the North Padre Island Development Corporation Meeting of August 15, 2017 Action item for the North Padre Island Development Corporation Meeting of August 22, 2017 DATE: July 281h, 2017 TO: Board of Directors North Padre Island Development Corporation FROM: Keith Selman, Assistant City Manager Keithse©cctexas.com (361) 826-3232 Special North Padre Island Development Corporation Meeting CAPTION: Special meeting of the North Padre Island Development Corporation. PURPOSE: This is a special meeting of the North Padre Island Development Corporation. BACKGROUND AND FINDINGS: Regular items for this meeting include minutes and financial report. Special Items for this meeting include: - Investment Strategy - FY 2018 TIRZ #2 Budget ALTERNATIVES: Do Not Approve These Items OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: TIRZ #2 Board Island Strategic Action Committee "ISA C" City of Corpus Christi Engineering Department City of Corpus Christi Finance Department City of Corpus Christi Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: NA RECOMMENDATION: Approve these Items. LIST OF SUPPORTING DOCUMENTS: Meeting Agenda Minutes Treasurers Report NPIDC Memo — Investment Strategy NPIDC Memo - Budget FY 17-18 TIRZ#2 Budget Spreadsheet FY17-18 TIRZ#2 Budget Date: Time: Location: AGENDA NORTH PADRE ISLAND DEVELOPMENT CORPORATION SPECIAL MEETING Tuesday, August 22, 2017 During the meeting of the City Council beginning at 11:30 a.m. City Council Chambers, Corpus Christi City Hall 1201 Leopard Street Corpus Christi, Texas 78401 1. Call meeting to order. Secretary Rebecca Huerta calls roll. Board of Directors Greg Smith, President Joe McComb, Vice President Lucy Rubio Rudy Garza Michael Hunter Ben Molina Carolyn Vaughn Paulette Guajardo Debbie Lindsey -Opel Officers Margie C. Rose, General Manager Keith Selman, Asst. General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer 2. Approve minutes from the Board meeting on May 30, 2017 3. Treasurer's Report 4. Discussion and possible action regarding Investment Strategy 5. Motion approving the Fiscal Year 2017-2018 Budget for the Reinvestment Zone Number Two, City of Corpus Christi, Texas 6. Public Comment 7. Adjourn. NORTH PADRE ISLAND DEVELOPMENT CORPORATION CITY HALL — COUNCIL CHAMBERS 1201 LEOPARD TUESDAY, MAY 30, 2017 DURING THE CITY COUNCIL MEETING BEGINNING AT 11:30 A.M. PRESENT MEMBERS Greg Smith, President Joe McComb, Vice President Rudy Garza Michael Hunter Ben Molina Carolyn Vaughn Paulette Guajardo Vacant ABSENT Lucy Rubio 1. STAFF Margie C. Rose, General Manager Keith Selman, Asst. General Manager Rebecca L. Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer Call meeting to order — President Smith called the meeting to order at 1:04 p.m. 2. Roll call — Secretary Huerta called the roll and verified that the necessary quorum of the board and the required officers were present to conduct the meeting. 3. Approve minutes from the Board meeting of January 17, 2017. — Ms. Vaughn made a motion to approve the minutes, seconded by Mr. Hunter and passed (Rubio was absent) 4. Treasurer's Report. —Treasurer Constance L. Sanchez provided an overview of the revenue and expenditures detail for the Reinvestment Zone No. 2 fund. Treasurer Sanchez and a board member discussed the status of the investment income progress and options to increase interest. 5. Public Comment - None. 6. Motion approving a one-year agreement between the City of Corpus Christi and Texas A & M University — Corpus Christi (TAMU-CC) for Packery Channel Monitoring in an amount not to exceed $257,745. — Assistant General Manager Keith Selman stated that the purpose of this item is to approve a one-year agreement between the City and TAMU-CC for Packery Channel Monitoring. This action was approved by the Island Strategic Action Committee (ISAC) and Tax Reinvestment Zone No. 2. Mr. Hunter made a motion to approve the motion, seconded by Ms. Vaughn. This Motion was passed and approved with the following vote: Smith, McComb, Garza, Hunter, Molina, Vaughn, and Guajardo, voting "Aye"; Rubio was absent. 7. Adjournment — The meeting was adjourned at 1:09 p.m. North Padre Island Development Corporation BALANCE SHEET June 30, 2017 ASSETS Cash and cash equivalents Total assets LIABILITIES AND FUND BALANCES Liabilities Accounts payable Fund balance Restricted North Padre Island Development Total fund balance $ 10,351,513 10,351,513 10,351,513 10,351,513 Total liabilities and fund balances $ 10,351,513 North Padre Island Development Corporation INCOME STATEMENT For the Nine Months Ended June 30, 2017 Revenues Taxes and business fees Earnings on investments Total revenues $ 3,563,103 12,326 3,575,429 Expenditures Community Development 30,453 Debt service Interest 176,850 Paying agent fees 500 Total expenditures 207,803 Excess (deficiency) of revenues over (under) expenditures 3,367,626 Other financing sources (uses) Transfer out Total other financing sources (uses) (8,737) (8,737) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other uses 3,358,889 Fund balance at beginning of year 6,992,624 Fund balance at June 30, 2017 $ 10,351,513 INFORMAL STAFF REPORT MEMORANDUM DATE: August 1, 2017 TO: Board of Directors North Padre Island Development Corporation FROM: Constance P. Sanchez, Director of Finance constancep@cctexas.com (361) 826-3227 PURPOSE: Since 2008 when the financial market declined, interest earnings for Fund 1111 Reinvestment Zone Number 2 have also declined to practically nothing even though the fund has maintained cash balances throughout the years. As a result, the North Padre Island Development Corporation (NPIDC) has asked why no/very little interest is being earned. This agenda item is to discuss a new investment strategy for the North Padre Island Development Corporation's funds held in escrow by Bank of New York Mellon. BACKGROUND AND FINDINGS: An Indenture of Trust agreement was initially signed between NPIDC and the Bank of New York (BONY) Trust Company on February 1, 2003 and then again on March 1, 2008 whereby all tax increments collected by NPIDC were to be deposited into a 'Pledged Revenue Fund" held in trust by the Bank of New York Trust Company (now called Bank of New York Mellon). This was a security measure enacted upon the creation of the Tax Increment Reinvestment Zone (TIRZ) #2 to ensure that the tax increment revenue collected would be used to first pay the tax increment contract revenue bonds and then to pay expenses as outlined in the agreement. These funds have been recorded in the City of Corpus Christi's accounting records in Fund 1111 "Reinvestment Zone No. 2". Initially when the TIRZ was created and contract revenue bonds were sold for the construction of Packery Channel, the City established a capital fund - Fund 3277 "Packery Channel CIP Fund" — to deposit the bond proceeds and pay the expenditures for the construction of Packery Channel. Interest was earned on the cash balances in this fund until 2010 when all the proceeds were expended. The City then created a second fund - Fund 3278 "Packery Channel Project — TIF2" — to account for capital projects in the TIRZ. Since no bond proceeds remained to fund these projects, the TIRZ #2 Board approved to transfer tax increment proceeds into this capital fund to account for the capital projects. The operating fund (Fund 1111) and the capital project funds (Funds 3277 and 3278) have maintained fund balances as follows: TIRZ Fund Balance Fiscal Year Ended Fund 1111 Fund 3278 2008 $ 5,138,470 $ 168,074 2009 $ 6,857,092 $ 28,233 2010 $ 8,358,697 $ - 2011 $ 6,067,506 $ 900,517 2012 $ 4,609,185 $ 1,072,652 2013 $ 4,912,874 $ 1,242,938 2014(14 -months) $ 5,064,191 $ 957,280 2015 $ 4,981,931 $ 2,363,453 2016 $ 6,992,624 $ 2,008,188 2017 (budget) $ 8,710,026 $ 1,955,583 The tax increment revenue held in trust by the BONY is invested in Dreyfus Government Securities Cash Management — Participant Shares Fund as authorized by the president of the NPIDC on March 11, 2008. The money in the City's capital project fund, on the other hand, is invested by the City Treasurer. In recent years, the money market mutual fund fees for funds held in trust by BONY have been just as much as the interest earned — meaning NPIDC has been earning no interest income. It was a goal for City staff to find the best way to invest these funds throughout the term of the TIRZ - December 31, 2022 unless it is renewed - to earn the most interest as possible while protecting the principal balances and complying with the City's investment policy. Historical interest returns based on the cash balances for both funds are as follows: Interest Earned BONY Interest City Interest Fiscal Year Ended Fund 1111 Fund 3278 2008 $ 136,481.31 $ 54,444.69 2009 $ 24,525.37 $ 7,523.44 2010 $ 28.62 $ - 2011 $ 3,167.36 $ 1,587.58 2012 $ 542.17 $ 1,713.11 2013 $ 0.57 $ 821.11 2014(14 -months) $ 99.08 $ 444.84 2015 $ 1.74 $ 2,527.64 2016 $ 511.36 $ 10,355.12 2017 (thruJune 30, 2017) $ 12,326.03 $ 11,005.56 Total $ 177,683.61 $ 90,423.09 Through a collaboration with J. J. Hart, a member of a subcommittee of the Island Strategic Action Committee (ISAC), City staff recommends that the BONY liquidate the money market mutual fund that NPIDC's cash is currently invested. We are then recommending that the funds be invested as follows: 20% in a local government investment pool (Texpool) 60% in 1 -year US Treasuries 20% in 2 -year US Treasuries TIRZ #2 has ongoing expenses including annual bond payments and monitoring of the Packery Channel. Currently, these expenses are covered by the annual revenue to the fund. There are two (2) larger projects being considered in future fiscal years: the first is for dredging of the Packery Channel at a budgeted cost of $3 million (conservative estimate) and the second is for funding towards the Park Road 22 bridge at a cost of $4 million. Additionally, $6 million of reserves has been set aside from the fund balance. The $6 million includes $4 million for dredging, $1.5 million for bond reserves, and $0.5 million for general reserves. Annually in September, the City Treasurer will review the fund balance and estimated expenditures for the upcoming fiscal year to determine the investable balance and will reallocate the funds to the percentages noted above - as fund and trust indenture restrictions allow. Because of trust indenture restrictions and annual expenditures, the local government investment pool balance will never be less than $2 million ($1.5 million for bond reserves and $0.5 million for general reserves). Additionally, the amount of investment in the 1 -year US Treasury will not be less than the next debt service payment. Investments made in US Treasuries will be evaluated and chosen based on a maturity date prior to the bond payment date and the best yield at the time of purchase. These US Treasury investments will be made with maturities of approximately 1 -year to 2 -years on an annual basis. We recommend that any new money deposited with BONY be placed in the local government investment pool throughout the fiscal year. This investment strategy will allow ample lead time to have cash available as needed while providing the best possible yield for these funds. BONY currently charges NPIDC approximately $5,200 per year in bank fees. It has been confirmed that there will be no cost to liquidate the NPIDC's funds. However, to invest in the local government investment pool, a $75 fee will be charged per account per month to maintain the outside investments, a $25 fee per transaction will be charged on all deposits, withdrawals, transfers on each account, and a $50 fee will be charged for each US Treasury purchase. City staff expects the additional fees to be approximately $4,000 per year. Currently, the local government investment pools are earning 0.99% and longer-term treasury bills currently range from 1.09% to 1.34%. 1.5000 1.4000 1.3000 1.2000 11000 10000 0.9000 0.8000 0.7000 0.6000 r TexPool, 1 -Year Treasury, and 2 -Year Treasury Rates May 1, 2017 through July 31, 2017 r 110 60 00 60 60 60 60 60 60 60 60 d 60 Q,y'1 60 60 0 60 60 60 60 60 60 60 60 60 60 0.0 0 60 Qy1 60 °`1"y\y° ,�ti�'y�ti�y�ti��,�' 41'''�,1' ,"5�1ry��'"N "+,y1'yry\4''�,�ti,',o` ��"1* 41'' 41'4') A\ ���� �'` �'� y0tiy°\�°\ry -Tex Pool-1Year Treasuries 2 Year Treasuries By putting the NPIDC's money in these investments, interest earnings for NPIDC should increase to approximately $100,000 annually. In order for this change in investment strategy to occur, this proposal needs to be discussed with the NPIDC Board of Directors. If the NPIDC Board of Directors concurs, then the president of the Corporation will need to send BONY a letter requesting the change. RECOMMENDATION: City staff recommends moving the NPIDC's investments from money market mutual funds to a local government investment pool and US treasuries in the allocation noted on the previous page. INFORMAL STAFF REPORT MEMORANDUM DATE: August 1, 2017 TO: Board of Directors North Padre Island Development Corporation FROM: Eddie Houlihan, Director of Management and Budget EddieH@cctexas.com (361) 826-3792 PURPOSE: This item includes the FY 2018 Budget for the NPDIC and Tax Increment Reinvestment Zone #2. Attached are two documents: FY 2018 Budget Cash Flow FY 2018 Budget — Reinvestment Zone #2 Ending TIF capital Ppm.% NM Bzlznce $ 963,594 $ 464,836 $ 462,430 $ 632,953 $ 79,997 $ 168,074 $ 28,233 $ 900,517 $ 1,072,652 $ 1242,938 $ 957,280 $ 2,363,453 $ 2,008188 $ 1279545 $ 1279 545 $ 1279545 $ 1279545 $ 1279 545 $ 1279 545 Reinves6nent Zone Number Two City of Corpus Christi Texas Packery Channel Projections Proposed Fiscal Year 2017-2018 Budget Tu FTE Beginning NM Taxable Captured Value TIF InMrest Total Annual cash Ending Veer TIF Fund Values Real Collections EamingzOFees a z Project Flow TI n0 Balance Pr0Pais ry ECPwesECPeises Balance 2000 2001 $ 82,695,893 (1) 2001 2002 $ 92,086,188 $ 10,905,193 $ 163,482 $ 354 $ 111,712 $ $ 52,124 $ 52,124 2002 2003 $ 52,124 $ 101,265,608 $ 20,531,573 $ 281,039 $ 1,544 $ 58,594 $ $ 223,989 $ 276,113 2003 2004 $ 276,113 $ 111377,838 $ 31,242,521 $ 460,542 $ 2,658 $ 168,833 $ $ 294,367 $ 570,480 2004 2005 $ 570,480 $ 148,690,968 $ 69,016,056 $ 1,015,239 $ 15,930 $ 503,177 $ $ 527,992 $ 1,098,472 2005 2006 $ 1098,472 $ 173610,137 $ 91,012,532 $ 1,333,540 $ 58,540 $ 672,150 $ $ 719,930 $ 1,818,402 2006 2007 $ 1,818,402 $ 252,025,820 $ 170,293,479 $ 2,332,093 $ 127,129 $ 817,482 $ $ 1641740 $ 3,460,142 2007 2008 $ 3,460,142 $ 345,361,546 $ 263,629,205 $ 2,851,595 $ 143,028 $ 1,316,295 $ - $ 1,678,328 $ 5,138,470 2008 2009 $ 5,138,470 $ 411,201,302 $ 328,505,409 $ 3,601,895 $ 24,525 $ 784,763 $ 1,123,035 $ 1,718,622 $ 6,857,092 2009 2010 $ 6857,092 $ 391127,739 $ 305,772,760 $ 3357,599 $ 29 $ 775,293 $ 1080,730 $ 1,501,605 $ 8,358,697 2010 2011 $ 8,358,697 $ 330,788907 $ 249,503,484 $ 2,803,583 $ 3,167 $ 1,157,358 $ 3,940,583 $ (2,291,191) $ 6,067,506 2011 2012 $ 6067,506 $ 299,932,835 $ 218,546,042 $ 2,399,907 $ 542 $ 1,224,045 $ 2634,725 $ (1,458,321) $ 4,609,185 2012 2013 $ 4,609,185 $ 319,401 639 $ 230,460 941 $ 2,513,028 $ - $ 1,189,008 $ 1,020,332 $ 303,689 $ 4,912 874 2013 2014 $ 4,912,874 $ 327,772,541 $ 238,911,352 $ 2,632,938 $ 99 $ 2,321,958 $ 159,762 $ 151,317 $ 5,064,191 2014 2015 $ 5,064,191 $ 362,775,885 $ 273,365,948 $ 2,880,930 $ 2 $ 1267,694 $ 1,695,498 $ (82,260) $ 4,981,931 2015 2016 $ 4,981,931 $ 409,700,308 $ 327,004 415 $ 3,405,002 $ 511 $ 1,310,344 $ 84,476 $ 2,010,693 $ 6,992,624 2016 2017 $ 6,992,624 $ 435,126,626 $ 352,430,733 $ 3,845,518 $ 302 $ 1349700 $ 117,755 $ 2,378,365 $ 9,370,989 2017 2018 $ 9,370,989 $ 476895,749 $ 394,199,856 $ 4,038755 $ - $ 1,385,150 $ 102,346 $ 2,551259 $ 11,922248 2018 2019 $ 11922,248 $ 4240,693 $ - $ 1,511,000 $ - $ 2729693 $ 14,651,941 2019 2020 $ 14,651,941 $ 4,452727 $ - $ 1,615200 $ - $ 2837,527 $ 17,489,468 2020 2021 $ 17,489,468 $ 4,675,364 $ - $ 1707200 $ - $ 2,968,164 $ 20,457,632 2021 2022 $ 20,457,632 $ 4,909,132 $ - $ 1,687225 $ - $ 3221 907 $ 23,679,539 $ 58,194,601 $ 378,360 $ 22,934,181 $ 11 959242 $ 23,679,539 (1) - Obtained from the TIF Detail Report for2008 from the N ueces County Tax Office_ Total Ending CUMULATIVE TIF Fund Balance Bond Dredging Maintenance Funds Available ResH4e Reserve ReSe a Other Projects Agma10 CAFR $ 52124 Agrees 10 CAFR $ 1239,707 Agrees to CAFR $ 1,035,316 $3,000,000 Agrees to COM $ 1360,902 $3,000,000 Agrees to CAFR $ 2,451,355 $3,000,000 Agreato CAM $ 3,540,139 $3,000,000 $ 540,139 Agrees to CAFR $ 5306,544 $3,000,000 $ 2306,544 Agrees to CAFR $ 6,885325 $1500000 $ 5385325 Agrees to CAFR $ 8,358,697 $1,500,000 $1,400,000 $ - $ 5,458697 Agrees tocaFR $ 6,968,023 $1,500,000 $1,400,000 $ - $ 4,068,023 Agrees to CAFR $ 5,681,837 $1500000 $2,500,000 $ 500,000 $ 1,181,837 Agrees to CAFR $ 6,155,812 $1,500,000 $2,912,874 $ 500,000 $ 1,242,938 Agreato CAFR $ 6021,471 $1,500,000 $3,064,191 $ 500,000 $ 957,280 Agrees to CAFR $ 7,345 384 $1,500,000 $2,981,931 $ 500,000 $ 2,363,453 Agrees to CAM $ 9,000,812 $1,500,000 $4,000,000 $ 500,000 $ 3,000,812 Fstmated $ 10,650,534 $1500000 $4,000,000 $ 500,000 $ 4,650,534 Fro,. Budget $ 13,201,793 $1500000 $4,000,000 $ 500,000 $ 7201793 $ 15,931 486 $1,500,000 $ 4,000 000 $ 500,000 $ 9,931,486 $ 18,769,013 $1,500,000 $ 4,000 000 $ 500,000 $ 12,769,013 $ 21,737,177 $1,500,000 $4,000,000 $ 500,000 $ 15,737,177 $ 24,959,084 $1,500,000 $ 4,000,000 $ 500,000 $ 18,959,084 Including released bond reserve $ 20,459,084 Recap of Expenditures for FY 2016-2017 Recap of Exoendluros for FY 2017-2018 P ackery Patrol Operations $ 106,106 Packery Patrol Operations 89.500 Administrative Costs 11,649 Administrative Costs 12.846 Total $ 117755 Total $ 102,346 Cao8al Ex 8enddures for FY 2016-2017 Expenses Encumbered Total Packery Channel Resimoms $ 16,067 $ 302,668 $ 318,735 P ackery Channel Misc Imps (Aerial photography) 1270 - 1,270 Packery Channel Monitoring 2015-2016 46,463 104,430 150,893 Packery Channel Mondonng 2016-2017 - 257,745 257,745 $ 63,800 $ 664,843 $ 728,643 REINVESTMENT ZONE NO. 2 FUND (1111) REVENUE DETAIL OF - ACCOUNT ACCOUNT ACTUALS BUDGET ESTIMATED PROPOSED NUMBER DESCRIPTION 2015-2016 2016-2017 2016-2017 2017-201a Unreserved Reserved for Encumbrances Reserved for Commitments BEGINNING BALANCE OPERATING REVENUE Taxes 300020 RIVZ#2 current taxes -City 300050 RIVZ#2 current taxes -County 300060 RIVZ #2 current taxes -Hospital 300110 RIVZ#2 deLinquent taxes -City 300140 RIVZ#2 deLinquent taxes -County 300150 RIVZ#2 deLinqnt taxes -Hospital 300210 RIVZ#2 P & I - City 300240 RIVZ#2 P & I - County 300250 RIVZ#2 P & I-HospitaL District Total Taxes TOTAL OPERATING REVENUE NON-OPERATING REVENUE 481,931 0 4,500,000 1,582,624 910,000 4,500,000 4,870,989 0 4,500,000 4,981,931 0 6,992,624 9,370,989 1,886,110 978,655 401,743 36,465 20,107 8,361 41,976 22,359 9,227 1,800,000 933,807 383,556 19,999 10,000 2,999 14,999 8,501 3,702 2,197,636 1,108,756 457,825 19,765 11,467 4,691 25,393 12,440 7,545 2,307,516 1,164,191 480,716 20,753 12,040 4,927 26,662 14,027 7,923 3,405,001 3,177,563 3,845,518 4,038,755 3,405,001 3,177, 563 3,845,518 4,038,755 Interest Income 340900 Interest on investments 511 0 302 0 Total Interest Income 511 0 302 0 TOTAL NON-OPERATING REVENUE 511 0 302 0 TOTAL REVENUE & INTERFUND CONTRIB 3,405,513 3,177,563 3,845,820 4,038,755 TOTAL FUNDS AVAILABLE 8,387,444 3,177,563 10,838,444 13,409,744 REINVESTMENT ZONE NO. 2 FUND (1111) EXPENDITURE DETAIL BY ORGANIZATION —ORG NUMBE ORGANIZATION ACTUALS BUDGET ESTIMATED PROPOSED NAME 2015-2016 2016-2017 2016-2017 2017-2018 Departmental Expenditures 12960 Packery Patrol Operations Total Departmental Expenditures Non -Departmental Expenditures 55000 Principal retired 55010 Interest 55040 Paying agent fees 60010 Transfer to General Fund Total Non -Departmental Expenditures TOTAL REINVESTMENT ZONE NO. 2 FUND (1111) RESERVED FOR ENCUMBRANCES RESERVED FOR COMMITMENTS UNRESERVED CLOSING BALANCE 55,898 107,245 106,106 89,500 55,898 107,245 910,000 394,650 5,694 28,578 990,000 353,700 6,000 11,649 106,106 89,500 990,000 353,700 6,000 11,649 1,070,000 309,150 6,000 12,846 1,338,922 1,361,349 1,361,349 1,397,996 1,394,820 1,468,594 1,467,455 1,487,496 910,000 4,500,000 1,582,624 0 0 4,500,000 4,500,000 4,870,989 7,422,248 6,992,624 9,370,989 11,922,248 Balance Available in Capital Project Fund: $1,277,073 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 15, 2017 Action Item for the City Council Meeting of August 22, 2017 DATE: August 15, 2017 TO: Margie C. Rose, City Manager FROM: Steve Viera, Director Human Resources SteveV@cctexas.com 361 826-3445 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim B2@cctexas.com (361) 826-3169 Temporary Staffing Services CAPTION: Motion authorizing the City Manager or designee to execute service agreements with Advance'd Temporaries, Inc. of Corpus Christi, Texas and Genesis Professional Solutions of San Antonio, Texas for temporary staffing services in accordance with Request for Proposal (RFP) No. 1096, based on best value for a total amount not to exceed $250,000 for each agreement for a grand total of $500,000. The term of these agreements is for one year with option to extend for up to three additional one-year periods, subject to the sole discretion of the City. PURPOSE: This item is to provide an update of the City's Temporary Staffing Program and request authorization to execute a service agreement with two vendors selected through the City's RFP process based on best value. BACKGROUND AND FINDINGS: City's Temporary Staffing Program: The City has been utilizing four (4) temporary staffing agencies: Unique, Advanced, Express and Remedy to fulfill departmental temporary staffing needs. On May 24, 2016, Human Resources reported a projected temporary staffing services cost from May 2016 to April 2017 of approximately $9,000,000. On August 1, 2016, the City implemented the City's Temporary Staffing Program to gain control and oversight on program administration, reduce annual temporary costs and create a pool of qualified candidates that would pass the City's stringent pre-employment screening process for potential temporary to regular employee hire status. To date, the Human Resources department has transitioned and/or hired approximately 230 temporary workers, and placed in the City's Temporary Staffing Program. Additionally, 26 temporary workers have transitioned from City temporary employment status to City full-time employee status. Human Resources has projected an annual cost savings of $1,919,160. To date, the City has no agency temporary workers on staff. Temporary Employment Service Contracts: In conjunction with the implementation of the City's Temporary Staffing Program, Human Resources worked with the Purchasing Department and issued an RFP to numerous local and non -local temporary staffing agencies. 18 temporary agencies submitted their proposals for consideration, and were scored by a selection committee. The top four agencies were interviewed. Advance'd Temporary Services and Genesis Temporary Services were the two temporary service agencies that were selected. The annual contracts are valued up to $500,000 with three one-year options. The selected temporary staffing agencies will be utilized if Human Resources cannot fill a position through the City's temporary candidate pool. ALTERNATIVES: There are no other alternatives. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures along with the State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Various City Departments FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $41,667 $458,333 $500,000 Encumbered / Expended Amount This item $41,667 $458,333 $500,000 BALANCE $0 $0 $0 Fund(s): Various City Departments Comments: The City's Temporary Staffing Program will be utilized by various City departments on an as needed basis. Annual funding will be requested during each of the following budget years by the various departments. The initial combined contract value is $500,000. The total contract value is $2,000,000 if all option years are executed. RECOMMENDATION: Human Resources recommends approval to award service contracts to Advance'd Temporary Services and Genesis Temporary Services. LIST OF SUPPORTING DOCUMENTS: Service Agreement — Advance'd Temporaries, Inc. Form 1295 — Advance'd Temporaries, Inc. Service Agreement — Genesis Professional Solutions Form 1295 — Genesis Professional Solutions Evaluation Matrix SERVICE AGREEMENT NO. 1096 Temporary Staffing Services THIS Temporary Staffing Services Agreement ("Agreement') is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Advanced Temporaries, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager") . WHEREAS, Contractor has bid to provide Temporary Staffing Services in response to Request for Bid/Proposal No. 1096 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Temporary Staffing Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to three additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $250,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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. The City's Contract Administrator for this Agreement is as follows: Tracy Lawson Human Resources Phone: 361-826-3314 Email: TraceyL©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, 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 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. 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, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Tracy Lawson Title: Human Resources Recruiting Manager Address: 1201 Leopard St., Corpus Christi, Texas 78401 Fax: 361-826-3322 IF TO CONTRACTOR: Advanced Temporaries, Inc. Attn: Lori Galan -Garcia Title: Assistant Vice President Address: 4639 Corona Suite #1, Corpus Christi, Texas 78411 Fax: 361-851-2234 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 17. CONTRACTOR AGREES TO 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 WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, 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 AGREEEMENT 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. 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 SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of 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, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor 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 had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTO:IR Signature. Printed Name: JDr I ojti'1- ,a rel Title: v)0 {ct)i6 (Y-) 9 Date:(0/ 1)i CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1096 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 ATTACHMENT A - SCOPE OF WORK 1. General Requirements A. The City shall place orders for leased workers only as such needs arise subsequent to the execution of a contract(s). Use of Contractor's leased worker services shall not be retroactive to any date prior to the execution of a contract(s). B. The City intends to secure leased workers for the positions enumerated herein from the Contractor(s) to whom a contract(s) is awarded; however, the City shall not be bound to do so nor shall the City be bound to secure from the Contractor(s) to whom a contract is awarded for positions not enumerated herein. C. The City will request direct placement recruiting on an as needed basis. A specific job description and turnaround time will be discussed at the time the City submits the request. D. The City reserves the right to add or delete position titles to and from any contract. The same markup will apply to these positions as outlined in the pricing schedule. Such additions or deletions shall be made solely by means of a fully executed, written amendment. E. The City reserves the right to interview any and all prospective leased workers prior to and as a condition of assignment with the City. F. The City retains sole authority to: accept or reject assignment of any prospective leased worker and terminate the services of any leased worker, with or without cause, at any time during placement. 2. Scope of Work A. The Contractor will provide the City, on request by the City, with qualified temporary staffing services. The City's primary objective for this RFP is to obtain qualified and competent temporary personnel on a timely basis. B. The City will submit the requests for the positions with job description and salary/rate to all companies providing temporary staffing. Resumes will be required and a selection will be made. The company that submits the most qualified candidate will then be notified to start the assignment process C. The Contractor shall ensure that all leased workers selected for assignment with the City meet the minimum requirements for the position as mandated by the City. Resumes shall be provided to the Human Resources Department named herein or to the using department upon request. D. The Contractor shall supply the using department with leased workers in a timeframe that meets the needs of the using department. During the selection process, all the awarded Contractors will be given the opportunity to fill the requested positions. The Contractor whose candidate is selected will fill the position. E. The Contractor shall not place leased workers with the City until acceptable results are obtained on all pre -placement checks required for each position title. The Contractor shall not place leased workers with City who are related to City employees within the same department or in a position that may cause a conflict of interest. All leased workers must comply with City Employment of Relatives policy. Contractor shall not place previous City employees terminated for cause or poor performance with any department. F. The Contractor's customer service personnel (particularly those taking orders) shall be courteous and respectful at all times. Failure to adhere to this requirement shall constitute grounds to utilize another contracted provider. G. The Contractor shall pay its leased workers in a manner that does not involve City personnel or disrupt operations of the City. In no case shall The Contractor distribute paychecks at job sites or City facilities. In no case shall City staff be required to distribute The Contractor's checks to leased workers. 3. Reporting A. The Contractor shall provide the Purchasing Division and Human Resources Department monthly reports, due the first week of each month and a final report within seven business days after the expiration of this agreement , including: 1. Leased employees name, start date, and end date 2. Position title (as used in this bid contract) 3. Regular number of hours 4. Regular bill rate per hour 5. Total dollars paid at regular bill rate per position title 6. Overtime number of hours 7. Overtime bill rate per hour 8. Total dollars paid at overtime bill rate 4. Payment and Invoicing A. The Contractor shall submit valid invoices directly to the Accounts Payable Department with a copy to Human Resources Department. Upon completion of the work ordered, the Contractor shall submit valid invoices for services. Valid invoices shall be submitted monthly for recurring services performed during the preceding week or month, respectively. Each invoice shall list the number of regular and overtime hours worked by each leased worker, the amount charged for regular and overtime hours for each leased worker and the lump sum due. Please note that overtime must be approved by the City in writing prior to the employee working overtime. B. Payment will be made for each assigned lease worker at the actual hourly rate approved by the City for the position multiplied by the approved markup for overhead as shown in the pricing form. C. The Contractor shall not bill and the City shall not pay any late or administrative fees, penalties, charges or interest in conflict with law. D. The Contractor will not charge any fees to the leased worker for using the Contractor's services. 5. Background and Credit Investigation A. The Contractor shall perform background checks on all candidates and a credit investigation may be required on candidates' with positions that require handling money and will be reviewed on a case by case scenario. B. At the Contractor's expense, the Contractor shall conduct background and credit investigations and furnish the results of same to the City's Director of Human Resources, or designee, who will determine each prospective leased worker's eligibility for placement with the City. C. The Contractor, prior to placing any and all leased workers with the City, will submit the criminal background report to the Human Resources Administrator or designee for review and approval or denial. D. The Contractor shall conduct, on a national basis, all credit investigations and shall reflect "Actual" credit history. For those prospective leased workers who have resided solely in the State of Texas for the ten years immediately preceding their placement with the City, the Contractor need only conduct a State of Texas background check which shall consist of a search for criminal convictions at the state level and in those counties in which said prospective leased worker has resided. For those prospective leased workers who have resided outside the State of Texas at any time and for any duration of time during the ten years immediately preceding placement with the City, the Contractor shall conduct a national background check which shall consist of a search of the following for criminal convictions: federal records and records of the states and counties/parishes in which said prospective leased worker has resided in the ten years immediately preceding placement with the City. All background checks shall search for criminal convictions and Also -Known -As (AKA). 6. Special Instructions A. All leased workers must pass a ten panel drug test prior to being placed with the City, at the expense of the Contractor. B. All leased workers placed with the City by the Contractor are, and shall remain throughout the duration of any placement with the City, employees of the Contractor. C. Unless specified otherwise herein, any and all licenses, certifications, trainings, etc. that are a prerequisite to initial placement or requisite to continued placement with the City shall be the sole responsibility (including payment therefor) of the leased worker. D. Some positions may require a leased worker to possess keys to City establishments. Leased workers shall return all keys when their assignment is complete. If all keys to a given City establishment are not returned, the City will absorb the cost of replacing keys and/or locks for the first occurrence during the term of the contract. On the second occurrence and every time thereafter, the Contractor will absorb the cost of replacing all locks and/or keys. This charge will be deducted from the next invoice due for payment. E. All leased workers shall make provisions for transportation to and from job sites. City staff shall not be responsible for transporting leased workers to and from job sites. Leased workers are required to be at work on time. One such violation constitutes grounds for replacing the leased worker. F. When a leased worker is no longer needed by the City, the Department shall notify the Contractor and Human Resources via e-mail which will include the "End Date and Time of Assignment". The City shall not be responsible for and shall not pay for any charges beyond the "End Date and Time of Assignment". G. Should any leased workers accept a position with the City prior to the leased workers working the minimum number of days, 90, the Contractor can charge the conversion fee outlined on the Pricing Sheet. H. Should any leased workers satisfy an initial 90 day probation period, the City shall not be responsible for any penalty or payment to the Contractor or leased worker to convert the leased worker to a City employee. I. Contractor must educate all temporary staff employees that NO DRIVING of any vehicles or equipment is permitted under any circumstance or condition and if a temporary staff employee violates this policy the Contractor is liable and financially responsible, irrespective of fault. ATTACHMENT B - BID/PRICING SCHEDULE DATE: April 13, 2017 CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP 1096 Temporary St fling Services Advance'd Temporaries/A.T. Staffing PROPOSER RIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Quote your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. Office/Clerical Markup Percentage overtime at 1.4 bill rate % from percent pay Professional Markup Percentage overtime at 1.4 bill rate % 27 percent from pay rate Light Industrial Markup Percentage overtime at 1.4 bill rate 36p ercent % from pay rate Conversion Fee 0 to 45 days 5% conversion fee after 45 days no fee Direct Placement Recruiting a Fee Percentage % 15 percents of annual salary ATTACHMENT C - INSURANCE REQUIREMENTS A. BIDDER'S LIABILITY INSURANCE 1. Bidder must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Bidder must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Bidder must furnish to the City's Risk Manager and Director Human Resources, 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 by endorsement, 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 PROFESSIONAL LIABILITY (including) 1. Engineering/Design 2. Medical $1,000,000 Per Claim CRIME/EMPLOYEE DISHONESTY $100,000 Per Employee WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 3. In the event of accidents of any kind related to this agreement, Bidder must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Bidder 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 Bidder will be promptly met. 2. Bidder shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Bidder'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. 3. Bidder 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. Bidder 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 Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Bidder 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, 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; • Provide for an endorsement that the "other insurance clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Bidder'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. In addition to any other remedies the City may have upon Bidder'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 Bidder to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Bidder hereunder until Bidder demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Bidder may be held responsible for payments of damages to persons or property resulting from Bidder's or its subcontractor's performance of the work covered under this agreement. 8. It is agreed that Bidder'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. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2017 Insurance Requirements Human Resources Leased Employee Services Agreement 04/07/2017 sw Risk Management ATTACHMENT C- BOND REQUIREMENTS Section 5. (B) is null for this Service Agreement. ATTACHMENT D- WARRANTY REQUIREMENTS Section 8. Warranty is null for this Service Agreement. 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, A.T. Staffing/Advance'd Temporaries, Inc. 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 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-230341 Date Filed: 06/28/2017 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 services, goods, or other property to be provided under the contract, 1096 Temporary Staffing Services 4 Name of Interested Party City, State, Country (place of business) Con Nature of interest (check applicable) trolling Intermediary 5 Check only if there is NO Interested Party. op I 6 AFFIDAv� � 09�;1'OY$�D/p�4 �� Qy ° ��� FOF ���' ;128879x •° ` AFFIX Nd (;ijl A MI't 111VE 14/0/111 11\`+\ Sworn to and subscribed before me, by the said 20 1,1 , to certify which, witness my hand an i swear, or affirm, nder penalty of perjury, that the above disclosure is true and correct. Signature Mai e d seal of oific uthorized agent of contracting business entity nature of officer administering oath Printed name of officer administering oath , this the day of %..) e, I of officer adminis ering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 SERVICE AGREEMENT NO. 1239 Temporary Staffing Services THIS Temporary Staffing Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Genesis Professional Solutions ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager") . WHEREAS, Contractor has bid to provide Temporary Staffing Services in response to Request for Bid/Proposal No. 1096 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Temporary Staffing Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to three additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $250,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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. The City's Contract Administrator for this Agreement is as follows: Tracy Lawson Human Resources Phone: 361-826-3314 Email: TraceyL©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, 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 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. 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, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Tracy Lawson Title: Human Resources Recruiting Manager Address: 1201 Leopard St., Corpus Christi, Texas 78401 Fax: 361-826-3322 IF TO CONTRACTOR: Genesis Professional Solutions Attn: Shelah Simmons Title: President/CEO Address: 8000 IH -10 West, San Antonio, Texas 78230 Fax: 210-525-1557 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 17. CONTRACTOR AGREES TO 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 WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, 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 AGREEEMENT 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. 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 SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of 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, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor 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 had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR. Signature: Lf./2 J, Printed Name:,+ ,)e/(/ 6;iiiv-rv) Title: Date: ao/f7 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1096 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 ATTACHMENT A - SCOPE OF WORK 1. General Requirements A. The City shall place orders for leased workers only as such needs arise subsequent to the execution of a contract(s). Use of Contractor's leased worker services shall not be retroactive to any date prior to the execution of a contract(s). B. The City intends to secure leased workers for the positions enumerated herein from the Contractor(s) to whom a contract(s) is awarded; however, the City shall not be bound to do so nor shall the City be bound to secure from the Contractor(s) to whom a contract is awarded for positions not enumerated herein. C. The City will request direct placement recruiting on an as needed basis. A specific job description and turnaround time will be discussed at the time the City submits the request. D. The City reserves the right to add or delete position titles to and from any contract. The same markup will apply to these positions as outlined in the pricing schedule. Such additions or deletions shall be made solely by means of a fully executed, written amendment. E. The City reserves the right to interview any and all prospective leased workers prior to and as a condition of assignment with the City. F. The City retains sole authority to: accept or reject assignment of any prospective leased worker and terminate the services of any leased worker, with or without cause, at any time during placement. 2. Scope of Work A. The Contractor will provide the City, on request by the City, with qualified temporary staffing services. The City's primary objective for this RFP is to obtain qualified and competent temporary personnel on a timely basis. B. The City will submit the requests for the positions with job description and salary/rate to all companies providing temporary staffing. Resumes will be required and a selection will be made. The company that submits the most qualified candidate will then be notified to start the assignment process C. The Contractor shall ensure that all leased workers selected for assignment with the City meet the minimum requirements for the position as mandated by the City. Resumes shall be provided to the Human Resources Department named herein or to the using department upon request. D. The Contractor shall supply the using department with leased workers in a timeframe that meets the needs of the using department. During the selection process, all the awarded Contractors will be given the opportunity to fill the requested positions. The Contractor whose candidate is selected will fill the position. E. The Contractor shall not place leased workers with the City until acceptable results are obtained on all pre -placement checks required for each position title. The Contractor shall not place leased workers with City who are related to City employees within the same department or in a position that may cause a conflict of interest. All leased workers must comply with City Employment of Relatives policy. Contractor shall not place previous City employees terminated for cause or poor performance with any department. F. The Contractor's customer service personnel (particularly those taking orders) shall be courteous and respectful at all times. Failure to adhere to this requirement shall constitute grounds to utilize another contracted provider. G. The Contractor shall pay its leased workers in a manner that does not involve City personnel or disrupt operations of the City. In no case shall The Contractor distribute paychecks at job sites or City facilities. In no case shall City staff be required to distribute The Contractor's checks to leased workers. 3. Reporting A. The Contractor shall provide the Purchasing Division and Human Resources Department monthly reports, due the first week of each month and a final report within seven business days after the expiration of this agreement , including: 1. Leased employees name, start date, and end date 2. Position title (as used in this bid contract) 3. Regular number of hours 4. Regular bill rate per hour 5. Total dollars paid at regular bill rate per position title 6. Overtime number of hours 7. Overtime bill rate per hour 8. Total dollars paid at overtime bill rate 4. Payment and Invoicing A. The Contractor shall submit valid invoices directly to the Accounts Payable Department with a copy to Human Resources Department. Upon completion of the work ordered, the Contractor shall submit valid invoices for services. Valid invoices shall be submitted monthly for recurring services performed during the preceding week or month, respectively. Each invoice shall list the number of regular and overtime hours worked by each leased worker, the amount charged for regular and overtime hours for each leased worker and the lump sum due. Please note that overtime must be approved by the City in writing prior to the employee working overtime. B. Payment will be made for each assigned lease worker at the actual hourly rate approved by the City for the position multiplied by the approved markup for overhead as shown in the pricing form. C. The Contractor shall not bill and the City shall not pay any late or administrative fees, penalties, charges or interest in conflict with law. D. The Contractor will not charge any fees to the leased worker for using the Contractor's services. 5. Background and Credit Investigation A. The Contractor shall perform background checks on all candidates and a credit investigation may be required on candidates' with positions that require handling money and will be reviewed on a case by case scenario. B. At the Contractor's expense, the Contractor shall conduct background and credit investigations and furnish the results of same to the City's Director of Human Resources, or designee, who will determine each prospective leased worker's eligibility for placement with the City. C. The Contractor, prior to placing any and all leased workers with the City, will submit the criminal background report to the Human Resources Administrator or designee for review and approval or denial. D. The Contractor shall conduct, on a national basis, all credit investigations and shall reflect "Actual" credit history. For those prospective leased workers who have resided solely in the State of Texas for the ten years immediately preceding their placement with the City, the Contractor need only conduct a State of Texas background check which shall consist of a search for criminal convictions at the state level and in those counties in which said prospective leased worker has resided. For those prospective leased workers who have resided outside the State of Texas at any time and for any duration of time during the ten years immediately preceding placement with the City, the Contractor shall conduct a national background check which shall consist of a search of the following for criminal convictions: federal records and records of the states and counties/parishes in which said prospective leased worker has resided in the ten years immediately preceding placement with the City. All background checks shall search for criminal convictions and Also -Known -As (AKA). 6. Special Instructions A. All leased workers must pass a ten panel drug test prior to being placed with the City, at the expense of the Contractor. B. All leased workers placed with the City by the Contractor are, and shall remain throughout the duration of any placement with the City, employees of the Contractor. C. Unless specified otherwise herein, any and all licenses, certifications, trainings, etc. that are a prerequisite to initial placement or requisite to continued placement with the City shall be the sole responsibility (including payment therefor) of the leased worker. D. Some positions may require a leased worker to possess keys to City establishments. Leased workers shall return all keys when their assignment is complete. If all keys to a given City establishment are not returned, the City will absorb the cost of replacing keys and/or locks for the first occurrence during the term of the contract. On the second occurrence and every time thereafter, the Contractor will absorb the cost of replacing all locks and/or keys. This charge will be deducted from the next invoice due for payment. E. All leased workers shall make provisions for transportation to and from job sites. City staff shall not be responsible for transporting leased workers to and from job sites. Leased workers are required to be at work on time. One such violation constitutes grounds for replacing the leased worker. F. When a leased worker is no longer needed by the City, the Department shall notify the Contractor and Human Resources via e-mail which will include the "End Date and Time of Assignment". The City shall not be responsible for and shall not pay for any charges beyond the "End Date and Time of Assignment". G. Should any leased workers accept a position with the City prior to the leased workers working the minimum number of days, 90, the Contractor can charge the conversion fee outlined on the Pricing Sheet. H. Should any leased workers satisfy an initial 90 day probation period, the City shall not be responsible for any penalty or payment to the Contractor or leased worker to convert the leased worker to a City employee. I. Contractor must educate all temporary staff employees that NO DRIVING of any vehicles or equipment is permitted under any circumstance or condition and if a temporary staff employee violates this policy the Contractor is liable and financially responsible, irrespective of fault. ATTACHMENT B - BID/PRICING SCHEDULE 6. PRICING SHEETS DATE: !1-i CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP 1096 Temporary Staffing Services ROPOS R AU H+RIZ :''NA U 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Quote your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. Office/Clerical Markup Percentage �] % 1 Professional Markup Percentage %j7 bJ + Light industrial Markup Percentage % 91 "fi .� Conversion Fee 7 C.J Direct Placement Recruiting Percentage Fee % j 3 Bidder Proposal Response ATTACHMENT C - INSURANCE REQUIREMENTS A. BIDDER'S LIABILITY INSURANCE 1. Bidder must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Bidder must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Bidder must furnish to the City's Risk Manager and Director Human Resources, 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 by endorsement, 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 PROFESSIONAL LIABILITY (including) 1. Engineering/Design 2. Medical $1,000,000 Per Claim CRIME/EMPLOYEE DISHONESTY $100,000 Per Employee WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 3. In the event of accidents of any kind related to this agreement, Bidder must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Bidder 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 Bidder will be promptly met. 2. Bidder shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Bidder'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. 3. Bidder 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. Bidder 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 Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Bidder 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, 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; • Provide for an endorsement that the "other insurance clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Bidder'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. In addition to any other remedies the City may have upon Bidder'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 Bidder to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Bidder hereunder until Bidder demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Bidder may be held responsible for payments of damages to persons or property resulting from Bidder's or its subcontractor's performance of the work covered under this agreement. 8. It is agreed that Bidder'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. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2017 Insurance Requirements Human Resources Leased Employee Services Agreement 04/07/2017 sw Risk Management ATTACHMENT C- BOND REQUIREMENTS Section 5. (B) is null for this Service Agreement. ATTACHMENT D- WARRANTY REQUIREMENTS Section 8. Warranty is null for this Service Agreement. 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: 2017-227236 Date Filed: 06/2112017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Genesis Professional Solutions San Antonio, 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 services, goods, or other property to be provided under the contract. 1239 Personnel Management Temporary Support 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary City of Corpus Christi Corpus Christi , TX United States 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. Vii: �""�� REBECCA LYNN KING =* MY COMMISSION EXPIRES `+t September 19, 2017 r � �- - h,.i l n di-nt 1--) ,,, , contracting AFFIX Sworn Signature ot`authorized agent of business entity NOTARY STAMP 1 SEAL ABOVE �j to-and subscribed before me, by the said this the off- day of -t' 20 1 , to certify which, witness my hand and seal of office. �cc c� _Li `Kl_�''� O�k- T psi L C- Si nature off of cer minister oath Printed name of officer administeringoath Title of er administeringoath 9 �g Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 RFP No.1096 Temporary Staffing Services - Summary Evaluation Marix l PCOProposal Evaluation pTemporaries Advanced Genesis Professional Solutions Kelly Services, Inc. SearchPros Staffing Minimum Qualifications Required three years in business No outsanding lawsuits during last 5 years No outsanding regulatory issues last 5 years No current litigation ith the City during the last 5 years References Provided for firm Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Technical Proposal Technical Proposal (50 points) 41.67 42 30 28.33 Firm Experience (28 points) Understanding of Project Scope (22 points) Interview Interview (30 points) 22.33 21.33 21 26.33 Firm Experience (12 points) Understanding of Project Scope (18 points) Price Price (20 points) 20 17.05 16.15 13.58 Total 84 80.38 67.15 68.24 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 15, 2017 Action Item for the City Council Meeting of August 22, 2017 DATE: July 28, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, 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 Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Advance Funding Agreement (TxDOT) High -Intensity Activated Crosswalk (HAWK) Traffic Signal Ocean Drive and Del Mar Boulevard CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for a High -Intensity Activated Cross Walk (HAWK) traffic signal, at the intersection on Ocean Drive and Del Mar Boulevard with the City's required payment to TxDOT in the amount of $11,800 for reimbursement of direct state costs. This is related to the Ocean Drive from Buford to Louisiana Project (Bond 2012, Proposition 1). PURPOSE: The purpose of this Agenda Item is to execute an AFA with TxDOT outlining project requirements and required payment to TxDOT in the amount of $11,800 for state reimbursement of preliminary engineering, environmental, right of way, utilities and construction oversight. BACKGROUND AND FINDINGS: Citizens expressed concern about pedestrian safety during design meetings for the Ocean Drive project. Special events at Cole Park attract high volumes of pedestrian traffic that cross Ocean Drive. In response to concerns about pedestrian safety, a TAP (Transportation Alternatives Program) grant was sought for the installation of a High Intensity Activated Cross Walk (HAWK) system at the intersection of Ocean and Del Mar. The TAP grant was approved in February 2016 and provides for 80/20 construction cost sharing. The existing crossing at Del Mar is equipped with standard warning flashers and a crosswalk. The HAWK system will provide a safer pedestrian crossing. The AFA outlines the terms of the cost share participation for both parties. The estimated construction cost of the project is $168,520 for which the City is responsible for 20% or $33,704. TxDOT will be responsible for 80% of the project construction total up to a maximum of $134,816. The city is responsible for reimbursing TxDOT for work performed for their oversight of design and construction activities. The TxDOT has estimated their administrative cost will be $11,800. The City's participation, for construction and the TxDOT administration cost is $45,504. The City cost is programmed under the Ocean Drive project (Bond 2012, Proposition 1). The HAWK system is a pedestrian crossing signal for protected pedestrian crossings, stopping roadway traffic only as needed. The HAWK provides an alternative for the installation of a standard traffic signal and is proven to increase safety for pedestrians. The proposed HAWK signal construction will include, but is not limited to: foundations, signal poles, mast arms, signal heads/beacons, pedestrian pole, pedestrian heads, conduits, conductors, controller cabinet, electrical service, etc. ALTERNATIVES: 1. Execute the Advance Funding Agreement with TXDOT. (Recommended) 2. Do not execute the Advance Funding Agreement with TXDOT. (Not recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $11,800 $11,800 TxDOT Projected Participation Total Budget Encumbered / Expended Amount This item (TxDOT Oversight pymt) 11,800 11,800 Future Anticipated Expenditures This Project BALANCE 0 0 Fund(s): Street CIP RECOMMENDATION: City staff recommends approval of the Resolution to enter into the Advance Funding Agreement and payment to TxDOT in the amount of $11,800. LIST OF SUPPORTING DOCUMENTS: Resolution Location Maps Presentation Advance Funding Agreement RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN ADVANCE FUNDING AGREEMENT (AFA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR A HIGH-INTENSITY ACTIVATED CROSS WALK (HAWK) TRAFFIC SIGNAL, AT THE INTERSECTION ON OCEAN DRIVE AND DEL MAR BOULEVARD WITH THE CITY'S REQUIRED PAYMENT TO TXDOT IN THE AMOUNT OF $11,800 FOR REIMBURSEMENT OF DIRECT STATE COSTS. THIS IS RELATED TO THE OCEAN DRIVE FROM BUFORD TO LOUISIANA PROJECT (BOND 2012, PROPOSITION 1). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Advance Funding Agreement (AFA) for a High -Intensity Activated CrossWalk (HAWK) traffic signal at the intersection on Ocean Drive and Del Mar Boulevard with the Texas Department of Transportation (TXDOT) with the City's required payment to TXDOT in the amount of $11,800 for reimbursement of direct state costs. SECTION 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Advance Funding Agreement, including minor amendments thereto. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of , 2017 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn V SHIP CHANN 0 o; SCALE: N.T.S. PROJECT LOCATION 'v l CORPUS CHRISTI BAY 7' TEXAS A&M UNIVERSITY CORPUS CHRISTI CORPUS CHRISTI NAVAL AIR STATION FLOUR BLUFF LOCATION MAP NOT TO SCALE LAGUNA MADRE HAWK Traffic Signal Ocean Drive and Del Mar Boulevard CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES wv Ped pole with flashing beacon and push button HAWK Signal mast arm with flashing beacon and push button HAWK Traffic Signal Ocean Drive and Del Mar Boulevard CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Chr sti Engineering High Intensity Activated CrossWalK (HAWK) Traffic Signal Ocean Drive and Del Mar Boulevard Council Presentation August 15, 2017 Location Map Corpus Chrsti Engineering Ped pole with flashing beacon and push button HAWK Signal mast arm with flashing beacon and push button 2 High Intensity Activated CrossWalK Corpus Chr sti Engineering 3 HAWK Traffic Signal Corpus Chr sti Engineering • The HAWK signal assists pedestrians to cross safely • The HAWK signal allows "steady" green to vehicles and returns to green after pedestrian activation. • Cost-effective with minimal traffic disruption vs. typical traffic signal • Joint City/TxDOT project with respective 20/80 cost sharing HAWK Traffic Signal Corpus Chr sti Engineering The proposed HAWK traffic signal construction will include, but not limited to: • Two sections of upgraded foundations for signal poles with mast arms • Installation of 2 signal poles with mast arms and luminaires • Installation of a pedestal pole with pedestrian signals • Electrical installation of conduits, conductors and controller cabinet • Crosswalk and yield bar markings (Ocean Dr. Bond 2012) Project Schedule Corpus Chrsti Engineering 2017 SEP I OCT L____NOV I DEC Bid Construction CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development 0916-35-207 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES PROGRAM PROJECT MPO -Selected On -System This Local Project Advance Funding Agreement ("LPAFA") is made between the State of Texas ("State"), acting through the Texas Department of Transportation, and City of Corpus Christi ("Local Government"), acting through its duly authorized officials. BACKGROUND Local Government and State have adopted a Master Agreement that states the general terms and conditions for transportation projects developed through this LPAFA. Local Government prepared and submitted to State or Metropolitan Planning Organization ("MPO") a nomination form for consideration under the Transportation Alternatives Program ("TAP") for the project, which is briefly described as High -Intensity Activated crosswalk traffic signal ("Project"). Federal law establishes federally funded programs for transportation improvements to implement its public purposes. Federal law, 23 USC § 134 and 49 USC § 5303, requires that State and MPOs develop transportation plans and programs for urbanized areas of Texas. Tex. Transp. Code §§ 201.103 and 222.052 establish that State shall design, construct, and operate a system of highways in cooperation with local governments. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds. The Texas Transportation Commission ("Commission") passed Minute Order Number 114491 ("MO") dated February 25, 2016 awarding funding for projects in the 2017 TAP Program Call of the Corpus Christi MPO, including Project. The rules and procedures for TAP are established in 23 USC § 213, and 43 Tex. Admin. Code Subchapter 11.F. The governing body of Local Government has approved entering into this Agreement by resolution dated which is attached to and made a part of this Agreement as Attachment A. Therefore, State and Local Government agree as follows: AFA-LPAFA TAP Page 1 of 15 Revised 2016-10-18 CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development AGREEMENT 1. Period of Agreement and Performance 1.1. Period of Agreement. The period of this LPAFA is as stated in the Master Agreement, without exception. 1.2. Period of Performance. a. The Performance Period for each phase of work begins on the date specified in the Federal Project Authorization Agreement ("FPAA") for that phase of work. Local Government may not begin work until issued the State Letter of Authority ("SLOA") for that phase of work. b. The Performance Period for each phase of work ends on the date specified in the FPAA for that phase of work. 2. Termination of the Agreement 2.1. This Agreement may be terminated by any of the following conditions: a. By mutual written consent and agreement of all parties; b. By any party with 90 days written notice; or c. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching party. 2.2. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations, State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. 2.3. If Local Government withdraws from Project after this Agreement is executed, Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. 2.4. A project may be eliminated from the program as outlined below. If Project is eliminated for any of these reasons, this Agreement will be appropriately terminated. A project may be eliminated from the program, and this Agreement terminated, if: a. Local Government fails to satisfy any requirements of the program rules cited in 43 Tex. Admin. Code Subchapter 11.F. b. The implementation of Project would involve significant deviation from the activities proposed in the nomination form and approved by the Texas Transportation Commission or MPO in consultation with State. AFA-LPAFA TAP c. Local Government withdraws from participation in Project. d. State determines that federal funding may be lost due to Project not being implemented and completed. e. Funds are not appropriated, in which case this Agreement shall be terminated immediately with no liability to either party. Payment under this Agreement beyond the current fiscal biennium is subject to availability of appropriated funds. Page 2 of 15 Revised 2016-10-18 CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development f. The associated FPAA is not issued by the end of the third federal fiscal year following the federal fiscal year for which the funds are authorized. Federal fiscal years run October 1 through September 30. g. Local Government fails to attend progress meetings at least twice yearly, as scheduled by State. 2.5. State, at its sole discretion, may terminate this Agreement if State does not receive project invoice within 270 days of FPAA. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work, Use of Project, and Project Location 4.1. The scope of work for Project (located as shown in Attachment B, Project Location Map) consists of: The installation of a HAWK (High -Intensity Activated crossWalK) traffic signal at the intersection of Ocean Drive and Del Mar Boulevard. The proposed HAWK signal construction will include, but not limited to: foundations, signal poles, mast arms, signal heads, pedestrian pole, pedestrian heads, conduits, conductors, controller cabinet, electrical service, etc. . 4.2. Any project changes proposed must be submitted in writing by Local Government to State. Changes may also require an amendment to this Agreement and the approval of the FHWA, State, M PO, or the Commission. Any changes undertaken without written approval and amendment of this Agreement may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. 5. Right of Way and Real Property Acquisition 5.1. Right of way and real property acquisition shall be the responsibility of Local Government. Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real property. If Local Government is the owner of any part of Project site under this Agreement, Local Government shall permit State or its authorized representative access to occupy the site to perform all activities required to execute the work. 5.2. Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC § 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR § 24.2(g). Documentation to support such compliance must be maintained and made available to State and its representatives for review and inspection. 5.3. Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use to the real property required for development of Project. Evidence of title or right of use shall be acquired in the name of (1) State, if the real property is to be made part of the State Highway System, and (2) Local Government, otherwise. The evidence of title or rights shall be acceptable to State, and be free and clear of all encroachments. Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop Project according to the approved Project plans. Local Government shall be responsible for securing any additional real property required for completion of Project. AFA-LPAFA TAP Page 3 of 15 Revised 2016-10-18 CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development 5.4. Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to State for approval prior to Local Government acquiring the real property. Tracings of the maps shall be retained by Local Government for a permanent record. 5.5. Local Government shall determine property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations must list the parcel numbers, ownership, acreage, and recommended compensation. The tabulation must be accompanied by an explanation to support the estimated values, together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by Local Government in performing this work may be eligible for reimbursement after Local Government has received written authorization by State to proceed with determination of real property values. State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market values. 5.6. For State -selected projects, Local Government shall not use eminent domain or condemnation to acquire real property for this TAP Project. 5.7. Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel, or the net cost thereof, whichever is less. In addition, reimbursement will be made to Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. 5.8. Local Government and current property owner are responsible for any costs associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project. State will not pay any of these costs. 5.9. If Project requires the use of real property to which Local Government will not hold title, a separate agreement between the owners of the real property and Local Government must be executed prior to execution of this Agreement. The separate agreement between Local Government and the current property owner must establish that Project will be dedicated for public use for a period of time not less than ten years after project completion and commensurate with the federal investment as outlined in 43 Tex. Admin. Code § 11.317. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of Project after completion. The separate agreement must be approved by State prior to its execution and a copy of the executed separate agreement shall be provided to State. 5.10. Local Government shall execute individually or produce a legal document as necessary to provide for Project's continued use from the date of completion, and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. 5.11. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24, and with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local Government agrees to monitor Project to ensure: (1) continued use of the property for approved activities, and (2) the repayment of the Federal funds, as appropriate. Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. AFA-LPAFA TAP Page 4 of 15 Revised 2016-10-18 CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development Upon Project completion, State will continue to perform periodic visits to confirm Project's continued use and upkeep. 5.12. Before the advertisement for bids, Local Government shall provide a certification to State that all real property has been acquired. 6. Utilities Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to State of a delay resulting from Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. Unless specified in (1) the nomination form approved by State or MPO in consultation with State and (2) this agreement, Local Government will not be reimbursed with federal or state funds for the cost of required utility work. Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, Local Government shall provide, at State's request, a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before construction begins. Additional utility work may be required due to unknown conditions discovered during construction. These costs may be eligible for TAP participation if: (1) the activity is required to complete Project; (2) the cost is incidental to Project; and (3) TAP funding is available. Any change orders must be approved by State prior to incurring any cost for which reimbursement is sought. 7. Environmental Assessment and Mitigation Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. 7.1. Local Government is responsible for the identification and assessment of any environmental problems associated with the development of Project. 7.2. Local Government is responsible for the cost of any environmental problem's mitigation and remediation. These costs will not be reimbursed or credited towards Local Government's financial share of Project unless specified in the nomination form and approved by State or MPO in consultation with State. 7.3. Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. 7.4. Before the advertisement for bids, Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Architectural and Engineering Services Architectural and engineering services for preliminary engineering will be provided by Local Government. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these services; and with Tex. Gov't Code Subchapter 2254.A., in all cases. Professional services contracts for federally funded projects must conform to federal requirements. For State -selected projects, architectural and engineering services are not eligible for TAP reimbursement. 8.1. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for Historic Preservation AFA-LPAFA TAP Page 5 of 15 Revised 2016-10-18 CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable. The engineering plans shall be developed in accordance with State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway and Transportation Officials' ("AASHTO") publications, "A Policy on Geometric Design of Highways and Streets" and "Guide for the Development of Bicycle Facilities," as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. The use of other systems of specifications shall be approved by State in writing in advance. 8.2. When architectural and engineering services are provided by or through Local Government, Local Government shall submit any plans it has completed to State for review and approval. Local Government may also submit the plans to State for review any time prior to completion. Local Government shall make the necessary revisions determined by State. Local Government will not let the construction contract until all required plans have received State approval. 8.3. When architectural and engineering services are provided by or through State, then the following applies: State is responsible for the delivery and performance of any required architectural or preliminary engineering work. Local Government may review and comment on the work as required to accomplish Project purposes. State will cooperate with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 9. Construction Responsibilities 9.1. Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by State prior to advertising for construction. 9.2. All contract letting and award procedures must be approved by State prior to letting and award of the construction contract, whether the construction contract is awarded by State or by Local Government. 9.3. All contract change order review and approval procedures must be approved by State prior to start of construction. 9.4. Upon completion of Project, the party constructing Project will issue and sign a "Notification of Completion" acknowledging Project's construction completion. 9.5. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements provided in 23 CFR Parts 633 and 635, and shall include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Subpart 635.B. 9.6. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work. Prior to completion of Project, the party responsible for construction will notify the other party to this Agreement of the anticipated completion date. All parties AFA-LPAFA TAP Page 6 of 15 Revised 2016-10-18 CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development will be afforded the opportunity to assist in the final review of the construction services performed by the contractor. 10. Project Maintenance 10.1. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use. The property shall be maintained and operated for the purpose for which it was approved and funded for a period of time commensurate with the federal investment or State rules, whichever is greater. Should Local Government at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses, consistent with Project's original intent. State may require Local Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture requirements. Should Local Government consider conveying the property, State and FHWA must be notified prior to the sale, transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction, detailing any required recapture, must be obtained from FHWA prior to the transaction. Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro -rata amount, considering the original percentage of federal funds provided and the time elapsed from Project completion date. This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. 10.2. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government. State shall not be responsible for honoring any warranties under this Agreement. 10.3. Should Local Government derive any income from the development and operation of Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance. A project income report shall be submitted to State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures and with the property management standards established in 2 CFR Part 200. 10.4. Should any historic properties be included in or affected by this federally funded Project, the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of Project. 11. Local Project Sources and Uses of Funds 11.1. AFA-LPAFA TAP A Project Budget Estimate and Source of Funds is provided as Attachment C, showing the total estimated development cost of Project. This estimate shows the itemized cost of real property, utilities, environmental assessments, construction, and other construction related costs. To be eligible for reimbursement or as in-kind contribution, costs must have been included in the nomination form approved by the Texas Transportation Commission or MPO in consultation with State. State and the Federal Government will not reimburse Local Government for any work performed outside the Performance Period. After federal funds have been obligated, State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. Page 7 of 15 Revised 2016-10-18 CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development 11.2. If Local Government will perform any work under this Agreement for which reimbursement will be provided by or through State, Local Government must complete training in Local Government Procedures Qualification for the Texas Department of Transportation before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on Project successfully completes and receives a certificate for the course. Local Government shall provide the certificate of qualification to State. The individual who receives the training certificate may be an employee of Local Government or an employee of a firm that has been contracted by Local Government to perform oversight of Project. State in its discretion may deny reimbursement if Local Government has not designated a qualified individual to oversee Project. 11.3. The Project budget and source of funds estimate based on the budget provided in the nomination form is included as Attachment C. Attachment C shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources, as well as the maximum amount in federal Transportation Alternative Program funds assigned by the Commission or MPO in consultation with State to Project. This Agreement may be amended from time to time as required to meet the funding commitments based on revisions to the Transportation Improvement Program, Federal Project Authorization and Agreement ("FPAA"), or other federal documents. 11.4. Local Government will be responsible for all non-federal participation costs associated with Project, including any overruns in excess of Project's estimated budget and any operating or maintenance expenses. 11.5. State will be responsible for securing the federal share of funding required for the development and construction of Project, in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission or MPO in consultation with State. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are not eligible for reimbursement. 11.6. Following execution of this Agreement, but prior to the performance of any plan review work by State, Local Government will pay to State the amount specified in Attachment C for plan review. At least 60 days prior to the date set for receipt of the construction bids, Local Government shall remit its remaining local match as specified in Attachment C for State's estimated construction oversight and construction cost. 11.7. In the event State determines that additional funding is required by Local Government at any time during Project, State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment C and 100 percent of any overruns above the federally authorized amount. Local Government will make payment to State within 30 days from receipt of State's written notification. 11.8. Whenever funds are paid by Local Government to State under this Agreement, Local Government will remit a warrant made payable to the "Texas Department of Transportation." The warrant will be deposited by State and managed by State. Funds may only be applied by State to Project. 11.9. Upon completion of Project, State will perform an audit of Project costs. Any funds due to Local Government, State, or the Federal Government will be promptly paid by the owing party. If after final Project accounting, any excess funds remain, those funds may be applied by State to Local Government's contractual obligations to State under another advance funding agreement with approval by appropriate personnel of Local Government. AFA-LPAFA TAP Page 8 of 15 Revised 2016-10-18 CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development 11.10. In the event Project is not completed, State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. 11.11. 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 re -plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by Local Government. The cost of providing right of way acquired by State shall mean the total expenses in acquiring the property interests through negotiations, including, but not limited to, expenses related to relocation, removal, and adjustment of eligible utilities. 11.12. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contract or subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under this Agreement 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. An 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. 11.13. State will not pay interest on any funds provided by Local Government. 11.14. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement. 11.15. 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 State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and if federal funding is reduced as a result, State shall have no responsibility to reimburse Local Government for those costs. 11.16. If Local government is an Economically Disadvantaged County ("EDC") and if State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. 12. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction time estimate, including types of activities and month in which the activity will be completed, in the format required by State. This requirement applies whether Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of State, Local Government shall submit any information required by State in the format directed by State. 13. 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. 14. Compliance with Laws AFA-LPAFA TAP Page 9 of 15 Revised 2016-10-18 CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this LPAFA. When required, Local Government shall furnish State with satisfactory proof of this compliance. 15. Disadvantaged Business Enterprise Program Requirements 15.1. The parties shall comply with the Disadvantaged Business Enterprise ("DBE") Program requirements established in 49 CFR Part 26. 15.2. Local Government shall adopt, in its totality, State's federally approved DBE program. 15.3. Local Government shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market, project size, and nature of the goods or services to be acquired. Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. 15.4. Local Government shall follow all other parts of 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. 15.5. Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. 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. 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 Local Government of its failure to carry out its approved program, State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC § 3801 et seq.). 15.6. Each contract Local Government signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) 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. 16. Debarment Certifications 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, 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 Agreement AFA-LPAFA TAP Page 10 of 15 Revised 2016-10-18 CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development shall require any party to a contract, subcontract, or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by State, to furnish a copy of the certification. 17. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: 17.1. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 17.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for Local Government shall complete and submit the federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17.3. The parties shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and all sub -recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite imposed by 31 USC § 1352 for making or entering into this transaction. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 18. Insurance 18.1. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide State with a fully executed copy of 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 State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and State may recover damages and all costs of completing the work. 18.2. For projects including buildings, Local Government agrees to insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed. 19. Federal Funding Accountability and Transparency Act Requirements 19.1. 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. AFA-LPAFA TAP Page 11 of 15 Revised 2016-10-18 CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development 19.2. Local Government agrees that it shall: a. Obtain and provide to State a System for Award Management ("SAM") number (Federal Acquisition Regulation ("FAR") Subpart 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/ b. Obtain and provide to 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 and entities required to do so by visiting the Dun & Bradstreet on-line registration website http://fedgov.dnb.com/webform; and c. Report the total compensation and names of its top five executives to State if: 1. More than 80 percent of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and 2. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 20. Single Audit Report 20.1. 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 Part 200. 20.2. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at singleaudits@txdot.gov. If expenditures are less than the threshold during Local Government's fiscal year, Local Government must submit a statement to TxDOT's Compliance Division as follows: We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY 20.3. For each year Project remains open for federal funding expenditures, 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 Project has been formally closed out and no charges have been incurred within the current fiscal year. 21. Civil Rights Compliance 21.1. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 21.2. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, AFA-LPAFA TAP Page 12 of 15 Revised 2016-10-18 CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 21.3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. 21.4. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations and instructions. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 21.5. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancelling, terminating, or suspending of the contract, in whole or in part. 21.6. Incorporation of Provisions: The Local Government will include the provisions of paragraphs 21.1 through 21.6 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if Local Government becomes involved in, or is threatened with, litigation with a subcontractor, or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 22. Pertinent Non -Discrimination Authorities During the performance of this contract, the Performing Agency, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: 22.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. AFA-LPAFA TAP Page 13 of 15 Revised 2016-10-18 CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development 22.2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects). 22.3. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). 22.4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. 22.5. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). 22.6. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). 22.7. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). 22.8. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. 22.9. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). 22.10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. 22.11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). 22.12. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). AFA-LPAFA TAP Page 14 of 15 Revised 2016-10-18 CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Each party is signing this agreement on the date stated opposite that party's signature. Approved as to form: Assistant City Attorney AFA-LPAFA TAP City of Corpus Christi Date: By: Valerie H. Gray, P.E. Executive Director Public Works THE STATE OF TEXAS Date: By: Kenneth Stewart Director of Contract Services Texas Department of Transportation Page 15 of 15 Revised 2016-10-18 AFA-LPAFA_TAP CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT Page 1 of 1 Attachment A AFA-LPAFA_TAP CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development ATTACHMENT B PROJECT LOCATION MAP Nuencs E E - • CORPUS CHRISTI INTERNATIONAL I PO0T • NP tM�' H ?TTI LEOPARD 37i� AIL f TAP GRANT APPLICATION OCEAN DR. HAWK SIGNAL AT DEL YAR BLVD. CORPUS CHRISTI BAY 414 a SUBJECT: TAP GRANT APPLICATION OCEAN DR. HAWK SIGNAL ammo Traffic Engineering Office Street Operations Division Page 1 of 1 Attachment B CSJ: 0916-35-207 District 8: City of Corpus Christi Code Chart 648: 09800 Project: HAWK Signal CFDA Title: Highway Planning &Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development ATTACHMENT C PROJECT ESTIMATE AND SOURCE OF FUNDS LG Performs PE Work or Hires Consultant / LG Lets Project to Construction Work Performed by Local Government ("LG") Description of Project Costs to be Incurred Total Project Cost Estimate Federal Participation Includes additional percentage for TDC apportionment where applicable State Participation Local Government (LG) Participation Includes any EDC reduction where applicable % Cost % Cost % Cost Planning/Maps/Education/Non-CST $0 0% $0 0% $0 0% $0 Preliminary Engineering $0 0% $0 0% $0 0% $0 Environmental Cost $0 0% $0 0% $0 0% $0 Right of Way $0 0% $0 0% $0 0% $0 Utilities $0 0% $0 0% $0 0% $0 Construction $168,520.00 80% $134,816.00 0% $0 20% $33,704.00 In-kind donation Value (Add to Total Project Cost - 20% Maximum value) $0 0% $0 0% $0 0% 460 Work by LG Subtotal $168,520.00 $134,816.00 $0 $33,704.00 Work Performed by the State (Local Participation paid up front by LG to TxDOT) Preliminary Engineering' $0 0% $0 0% $0 0% $0 Environmental Cost' $0 0% $0 0% $0 0% $0 Right of Way3 $0 0% $0 0% $0 0% $0 Utilities2 $0 0% $0 0% $0 0% $0 Construction2 $0 0% $0 0% $0 0% $0 Work by State Subtotal $0 $0 $0 $0 AFA-LPAFA_TAP Page 1 of 2 Attachment C CSJ: 0916-35-207 District 8: City of Corpus Christi Code Chart 648: 09800 Project: HAWK Signal CFDA Title: Highway Planning &Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development Direct and Indirect State Costs Incurred for Review, Inspection, Administration & Oversight Description of Project Costs to be Incurred Total Project Cost Estimate Federal Participation Includes additional percentage for TDC apportionment where applicable State Participation Local Government (LG) Participation Includes any EDC reduction where applicable % Cost % Cost % Cost Preliminary Engineering' $2,832.00 0% $0 0% $0 100% $2832.00 Environmental Cost' $1,416.00 0% $0 0% $0 100% $1416.00 Right of Way' $1,416.00 0% $0 0% $0 100% $1416.00 Utilities' $1,416.00 0% $0 0% $0 100% $1416.0 Construction2 $4,720.00 0% $0 0% $0 100% $4720.00 Direct State Costs Subtotal $11,800.00 0% $0 0% $0 100% $11,800.00 Indirect State Costs $8,881.00 $0 $8,881.00 $0 TOTAL PARTICIPATION $189,201.00 $134,816.00 $8,881.00 $45,504.00 In-kind Contribution Credit Applied 0% $0 TOTAL REMAINING PARTICIPATION AFTER IN-KIND CONTRIBUTION $0 The estimated total participation by Local Government is $45,504, plus 100% of overruns. Total estimated payment by Local Government to State is $11,800.00. 'Local Government's first payment of $7,080 is due to State within 30 days from execution of this contract. 2 Local Government's second payment of $4,720 is due to State within 60 days prior to the Construction contract being advertised for bids. 31f ROW is to be acquired by State; Local Government's share of property cost will be due prior to acquisition. The eligible percent of required local match is stated in the nomination and must be 20% or greater, unless In -Kind, EDC adjustments or TDCs are applied. This is an estimate, the final amount of Local Government participation will be based on actual costs. Maximum federal TAP funds available for Project are $134,816. AFA-LPAFA_TAP Page 2 of 2 Attachment C AGENDA MEMORANDUM Future Item for the City Council Meeting of August 15, 2017 Action Item for the City Council Meeting of August 22, 2017 DATE: July 26, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, 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: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Contract Chaparral Street Phase 2 Downtown Development Master Plan (Schatzel to Taylor) Bond 2014 Proposition 2 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $4,889,551.60 for the Chaparral Street Phase 2 Downtown Development Master Plan project for Base Bid 2 and Additive Alternate No. 1. (Bond 2014 Proposition 2) PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Chaparral Street Phase 2 Downtown Development Master Plan Project. BACKGROUND AND FINDINGS: This project is as a continuation Phase 1 Chaparral Street from William Street to Schatzel Street, Downtown Street Improvements (Bond 2008). Bond 2014 Brochure description: "Chaparral Street — Phase 2 Downtown Development Master Plan (Schatzel to Taylor) — This project will continue the Chaparral Street improvements from Schatzel Street to Taylor Street with minor modifications. This will include new curbs, widened sidewalks including but not limited to textured concrete and/or pavers, street pavement. New trees, shrubs, irrigation, landscape lighting and other amenities are also included." Project Scope: Phase 2 improvements include the full depth reconstruction of the existing 2 -lane roadway with new sidewalks, ADA ramps, curb & gutter, signage, pavement markings, and landscaping. The project includes replacement of traffic signal at Taylor Street intersection, street lighting (illumination) relocations and upgrades in coordination with AEP. As part of this project, a new modernized parking meter system will be introduced that was developed as part of the Downtown Parking Study. Utilities improvements include water, wastewater, storm water, and gas. This project provides for conversion from one-way to two-way traffic from Coopers Alley to Interstate Highway 37. The existing roadway is a 2 -lane one-way roadway with angled parking. The conversion is to a 2 -way roadway with 1 -lane in each direction and parallel parking. The conversion from angled to parallel parking results in a reduced number parking locations on Chaparral Street. The displaced parking was relocated on the adjacent side streets of Schatzel, William and Starr and will be complete prior to the start of construction to reduce the impacts during construction. Only one lane of traffic will be maintained during construction with no parking within the construction limits. The existing section of Chaparral is concrete pavement with a HMAC overlay. This project was bid with (Base Bid 1) for HMAC and (Base Bid 2) for Portland Cement Concrete (PCC), with one Additive Alternative. Additive Alternative No. 1 provides for resurfacing and re -striping at Schatzel Street from Water Street to Mesquite Street with new signage, striping, angled parking and required pedestrian/ADA improvements. Additive Alternative also includes colored stamped concrete at intersection crossings on Water Street. Project construction sequencing was specifically coordinated with the Downtown Management District and business to minimize disruption. The project will also be coordinated with the Bond 2014 Downtown Traffic Signal and Lighting Improvement project. On July 5, 2017, the City received proposals from two (2) bidders and bids are as follows: Only two bids were submitted as shown with the lowest bid from Reytec Construction Resources, Inc. for Base Bid 2 PCC rigid pavement. Engineer Opinion of Probable Cost: CPC Interests, LLC dba Clark Pipeline Services Corpus Christi, Texas Reytec Construction Resources, Inc. Houston, Texas Base Bid 1 (HMAC) 4,900,000.00 6,029,402.73 No Bid Additive Alternate No. 1 - 233,003.94 No Bid Base Bid 1 Plus Additive Alternate No. 1 - 6,262,406.67 No Bid Base Bid 2 (PCC) 5,300,000.00 No Bid 4,788,204.60 Additive Alternate No. 1 - No Bid 101,347.00 Base Bid 2 Plus Additive Alternate No. 1 - No Bid 4,889,551.60 Only two bids were submitted as shown with the lowest bid from Reytec Construction Resources, Inc. for Base Bid 2 PCC rigid pavement. ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: HDR Engineering, Inc. is the design engineer that was selected for this project under Request for Qualifications No. 2014-08. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction and professional service contracts. Conforms to FY 2016-2017 Street Capital Improvement Planning (CI P) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $6,508,185.00 $6,508,185.00 Encumbered / Expended Amount 0.00 0.00 This item 4,889,551.60 4,889,551.60 Future Anticipated Expenditures This Project 1,541,093.40 1,541,093.40 BALANCE 77,540.00 77,540.00 Fund(s): Street and Utility CI RECOMMENDATION: City staff and HDR recommend award of a construction contract to Reytec Construction Resources, Inc. in the amount of $4,889,551.60 for Base Bid 2 plus Additive Alternate No. 1 for Chaparral Street Phase 2 Downtown Development Master Plan project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Form 1295 Letter of Recommendation Presentation PROJECT BUDGET ESTIMATE Chaparral Street Phase 2 Downtown Development Master Plan BOND 2014 Proposition 2 PROJECT FUNDS AVAILABLE: Street BOND 2014 Proposition 2 $ 5,000,000 Storm Water CIP 275,316 Wastewater CIP 565,868 Water CIP 596,821 Gas CIP 70,180 TOTAL FUNDS AVAILABLE $ 6,508,185 FUNDS REQUIRED: Construction Fees: Construction (Reytec) THIS ITEM $ 4,889,552 Streets 4,004,171 Utilities 885,381 Storm Water 110,645 Water 367,849 Wastewater 343,087 Gas 63,800 Contingency (10%) 488,955 Construction Inspection and Testing Fees 159,914 Construction Inspection Estimate (3%) 146,687 Construction Materials Testing (PSI) 13,227 Design & Geotechncial Fees 711,394 *Engineering Design (HDR) Original through Amendment No. 2 711,394 Geotechnical Testing 8,700 Reimbursement Fees 172,131 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) (1.5%) 73,340 Engineering Services (Project Mgt) (2%) 97,791 Misc. (Printing, Advertising, etc.) 1,000 TOTAL $ 6,430,645 ESTIMATED PROJECT BUDGET BALANCE $ 77,540 *Large A/E Contract approved by City Council on October 25, 2016 by Motion No. M2016-143 o 0 o; SHIP CHANN CORPUS CHRISTI LEOPARD 115Wri -q roil -grip TAN SCALE: N.T.S. PROJECT LOCATION CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI CORPUS CHRISTI NAVAL AIR STATION FLOUR BLUFF LOCATION MAP NOT TO SCALE LAGUNA MADRE Project Number: E15107 Chaparral Street Phase 2 Schatzell St to Taylor St Bond 2014 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES 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: 2017-237023 Date Filed: 07/14/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Reytec Construction Resources, Inc. Houston, 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 services, goods, or other property to be provided under the contract. Project No. E15107 Chaparral St. Phase 2 from Schatzell St to Taylor St. (Bond 2014) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Reyes, Rebecca Houston, TX United States X Reyes, Gregg T. Houston, 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 ��, LAURA G. LEAL • R pA i **"^-ir" Notary Public, State of Texas :Lati{'" My Commission Expires 26 2018 above disclosure is true and correct. August , �prrtu+ AFFIX NOTARY STAMP / SEAL ABOVE Sworrto and subscribed before me, by the said re 20 ri , to certify which, witness my hand and seal of o ice. S ature of authorized agent of contracting business entity TI es , this the 1 day of . , 6. utd N - Cir Signature of officer administering oath Printed name of officer administering oath Title of officer administining oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 July 13, 2017 274176 Mr. J. H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469-9277 Reference: CHAPARRAL ST PHASE 2 FROM SCHATZELL ST TO TAYLOR ST (BOND 2014) PROJECT NO. E15107 Dear Mr. Edmonds: HDR Engineering has reviewed and tabulated the bids for the referenced project. There were two bidders for the project. (Reference Attachment 1, Bid Tabulation). The bidders in ascending order were Reytec Construction Resources, Inc. and CPC Interests, LLC Dba Clark Pipeline Services. All discrepancies found are shown in (Reference Attachment 1, Bid Tabulation). The total bid of Reytec Construction Resources, Inc is $34,758,204.60 with error (Reference Attachment 2) and $4,889,551.60 with correction, as compared to HDR's opinion of probable construction cost of $5,300,000 for Base Bid 2. The total bid of CPC Interests, LLC Dba Clark Pipeline Services Inc. the second bidder, is $6,262,406.67 for Base Bid 1 (Reference Attachment 3) as compared to HDR's opinion of probable construction cost of $4,900,000 for Base Bid 1. Reytec Construction Resources Inc. is a Texas company and has contracted with the City of Corpus Christi on City street projects. Their field personnel have the requisite experience and performed similar type work on previous City contracts as shown on their Statement of Experience form. HDR recommends that the contract be awarded to Reytec Construction Resources Inc. for Base Bid 2 in the amount of $4,788,204.60 and Additive Alternate No. 1 in the amount of $101,347.00 for a total amount of $4,889,551.60 provided that funds are available. If you have any questions, please contact our office (361) 696-3300. 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401-0849 hdrinc.com (361) 696-3300 Sincerely, HDR Engineering, Inc. Ricardo Pedraza, P.E. Project Engineer CC: Chris Hale, P.E. Jerry Shoemaker, P.E. Attachments: 1. Bid Tabulation 2. Contractor Submittal — Reytec Construction Resources Inc. 3. Contractor Submittal — CPC Interests, LLC Dba Clark Pipeline Services 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401-0849 hdrinc.com (361) 696-3300 Corpus Chr sti Engineering Chaparral Street Phase 2 Downtown Development Master Plan BOND 2014, Proposition 2 Council Presentation August 15, 2017 Project Location CHAPARRAL ST.I CORPUS CHRISTI BAY TEXAS AS. UNIVERSITY CORPUS CHRISTI N SCALE N.T.S. CORPUS CHRISTI NAVAL AIR STANON FLOUR BLUFF �hrsti Engineering 2 TWO-WAY TRAFFIC CONVERSION (APPLIES TO ROADWAY WITHIN PROJECT LIMITS) Project Vicinity PHASE 2 ADDITIVE ALTERNATE NO. 1 (MILL & OVERLAY) CHAPARRAL ST. r„ z SCALE: N.T.S. PHASE 2 CHAPARRAL ST. (FULL RECONSTRUCTION) PHASE 2 BASE BID (MILL & OVERLAY) �hrsti Engineering Project Scope �hrsti Engineering Chaparral Street Phase 2 includes: • Continuation of Phase 1 Chaparral Street from William Street to Schatzell Street, Downtown Street Improvements (Bond 2008) • Full reconstruction with PCC rigid pavement • New widened sidewalks, curb & gutter, and ADA ramps • Replacement of traffic signal at Taylor Street intersection • Two-way traffic conversion from Coopers Alley to Interstate Highway 37 • Displaced parking relocated on the adjacent side streets • New landscaping • Project sequencing was coordinated with Downtown Management District and business to minimize disruption Project Schedule �hrsti Engineering 2017 2018 J A Bid/ Award s O N D J F M A M J J A • Construction "I= Construction Estimate: 365 days AGENDA MEMORANDUM Future Item City Council Meeting of 8/15/17 Action Item for the City Council Meeting of 8/22/17 DATE: July 24, 2017 TO: Margie C. Rose, City Manager FROM: Gilbert Hernandez gilberth@cctexas.com (361) 826-2540 Execute Office Lease Extension Agreement for the City Detention Center CAPTION: Motion to authorize the City Manager or designee to execute an Office Lease Extension Agreement for 2 years with Wilson Plaza Associates L.P. Corpus Christi, Texas as Landlord for the operation of the City Detention Center. PURPOSE: The City of Corpus Christi City Detention Center is currently located in the Wilson Plaza building. The lease extension is to continue the use of the needed facility to house detained individuals for crimes committed within the City's jurisdiction. The term of the lease shall be for 2 years commencing December 1, 2017 and ending November 30, 2019. The rent will be $7,146.48 per month, $85,757.76 annually. BACKGROUND AND FINDINGS: The Municipal Court's current agreement with the Wilson Plaza Associates L.P. expires on November 30, 2017. The original lease agreement has been in effect since April 13, 2004 when an urgent need surfaced. Plans for a new facility or the remodeling of a City owned building have not been funded, and an agreement with the County is not foreseen in the near future. ALTERNATIVES: Purchase and/or remodel a currently owned City building. OTHER CONSIDERATIONS: Develop a contract with the Nueces County. CONFORMITY TO CITY POLICY: Contracts or agreements that exceed $50,000 require City Council authorization. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Finance, Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable The financial impact will be $7,146.48 per month, $85,757.76 annually. Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $0.00 $85,757.76 $85,757.76 Encumbered / Expended Amount 0.00 0.00 $0.00 This item (additional revenue) 0.00 0.00 0.00 BALANCE 0.00 $85,757.76 $85,757.76 Comments: RECOMMENDATION: Staff recommends the City Council approve the proposed motion. LIST OF SUPPORTING DOCUMENTS: Office Lease Extension Agreement. STATE OF TEXAS ) COUNTY OF NUECES ) OFFICE LEASE EXTENSION AGREEMENT 1. PTIES: That on this 12th day of July, 2017, this Lease extension made between Wilson Plaza Associates L. P. Corpus Christi, Texas, as Landlord, and City of Corpus Christi Detention Center, as Tenant. Landlord leases to Tenant and Tenant leases from Landlord, upon the terms and conditions herein and those set forth in the previous Lease agreement dated 12-01-15 , unless otherwise agreed herein, the demised premises described below. A copy of the original, 04-13-04 lease agreement is available in the manager's office, address below. 2. DEMISED PREMISES: The demised premises and building in which the premises are located, are described as follows: Building Name: Wilson Plaza, North Suite No.113 A, Building street address, city, county, state: 615 Leopard, Corpus Christi, Nueces, Texas. Net rentable square footage of 5,503 as defined by BOMA standards of measurements. 3. TERMS: The term of this lease shall be for 2 (two) years commencing on December 01, 2017, and ending November 30, 2019 . 4. RENTS: Rent shall be $7,146.48 per month, payable in advance, on the first of each month at Landlord's office, if any, in the above building; otherwise, at such other address in said county as may be subsequently furnished by Landlord for such purposes, 900 Wilson Plaza West, Corpus Christi, Texas 78401-0669. Rent received after the first shall be deemed as delinquent. In the event any rent payable pursuant to this Agreement is not timely paid and remains unpaid for a period of ten (10) days after payment would otherwise be due, then a late payment charge shall be due and payable upon demand of Landlord in an amount equal to fifteen percent (15%) times the amount unpaid for each partial or full calendar month during which such rent remains unpaid. This charge shall be in addition to all other remedies provided for by the previous lease agreement. 5. SECITY DEPOSIT: Security deposit shall be the same as previous lease agreement unless otherwise stated here $ N/A . If Tenant fails to give Landlord thirty (30) days written notice prior to terminating the lease, to pay rent or other sums when due, the security deposit may at Landlord's option be applied to such unpaid amounts. 6. USE: Tenant shall use the premises for the following purpose and no other (nature of Tenant's business) City Detention and Magistration Center . 7. CERTIFICATE OF INSUR=ANCE: A current certificate of insurance shall be furnished by Tenant pursuant to the conditions set forth in the original lease agreement. 8. TENANT BROKER: In the event Tenant employs a broker to negotiate future Lease transactions, whether expansions or renewals, the fee charged by the Tenant's Broker shall be paid by the Tenant and not included in the new Lease. 9. Exhibits: Exhibit "A" Legal Description, Exhibit "B" Floor plans, Exhibit "C" Landlords improvements, and Exhibit "D" Renewal option are deemed incorporated in this agreement in their entirety, whether or not actually attached. EXECUTED this the day of , 2017. Wilson Plaza Associates, L.P. Landlord: / Focus Investment Co. L.L.C. General Partner By Herman A. Parker General Manager Approved as to legal form this By: Buck Brice Assistant City Attorney Tenant: City of Corpus Christi City Manager or designee day of , 2017. for City Attorney EXHIBIT "A" LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to -wit: TRACT: Lot No. One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Nixon re -plat of the 1 . is No. Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of Cc pus Christi, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Pa:7 18, Map Records, Nueces County, Texas. TRACT 11: Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and Twelve (12), in Block Three (3), of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown by the map or plat thereof, recorded in Volume A, Page 3, Map Records, Nueces County, Texas. TRACT III: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and being more particularly described by Metes and bounds as follows: BEGINNING at a drill hole, in a concrete retaining wall, in the east boundary line of North Carancahua Street, the southwest corner of Block 3, BLUFF PORTION of the City of Corpus Christi, Texas and southwest corner of the R. M. Kleberg Tract, for the northwest corner of this survey; Thence South 88 degrees 31'20" East with the south boundary line of said Block 3, and north boundary line of said Kleberg Tract, and with the general course of an old board fence, 301.76 feet to a one inch iron pipe in the west boundary line of North Broadway, the Southeast corner of said Block 3, the northeast corner of said Kleberg Tract, for the Northeast corner of this survey; THENCE south 1 degree 00' West with the said West boundary of North Broadway, and east boundary line of said Kleberg Tract, 50 feet to a one inch iron pipe for the Southeast corner of this Survey; THENCE North 88 degrees 31'20" West parallel with said south boundary line of Block 3, and no" th boundary line of said Kleberg Tract, 301.84 feet to a drill hole in a concrete retaining wall in said east boundary line of North Carancahua Street, and west boundary line of said Kleberg Tract, for the southwest corner of this survey; THENCE North 1 degree 05'20" East with said east boundary line of North Carancahua Street and west boundary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same land as described in a certain deed dated May 5, 1930, from R. M. Kleberg, and wife, Mamie S. Kleberg to D. K. Martin, Trustee, which is recorded in Volume 194 page 138-139, Deed Records, Nueces County, Texas. ETh EXHIBIT #BD FLOOR PLAN EXI[:IT "C" LANDLORDS'S 6 a'c4DROVMENTS Tenant accepts the demised premises in "As is" condition EXHIBIT "D" REMEUSAL OPTION At the end of this renewal term, November 30, 2019, Tenant shall have the right to renew this lease for a period of three (3) one (1) year periods, provided that Tenant delivers to Landlord written notice of Tenant's intent to renew at least 120 days prior to the end of the lease term. However, Tenant shall not have such right of renewal if Tenant is in default as defined elsewhere in this Lease either a the time of such notice of renewal or at the end of the Lease term. The terms of this Lease during such renewal term shall continue, including rent adjustments as defined elsewhere in this Lease. 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: 2017-240659 - Date Filed: 07/25/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Wilson-Plaza.Associates; LP 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 -descriptiofr of itreservices, goods, rottrerproyertyl tTepro ? d ander- a a contract 17-0964 Office Lease 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediay 5 Check only if there is NO Interested Party. X - -6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ',�,SONYA VELA 'frG%/ L (- ,NotaryID 124256910 / Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP /SEAL ABOVE Sworn to and subscribed before me, by the said 'as:ylI"lic^ v el4- , this the 44S day of 20 l 7 , to certify which, witness my hand and seal of office. Signature of «icer 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 V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 15, 2017 Action Item for the City Council Meeting of August 22, 2017 DATE: August 3, 2017 TO: Margie C. Rose, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution supporting the approval of bonds and a project relative to Texas A&M University -Corpus Christi CAPTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, AUTHORIZING THE MAYOR TO APPROVE THE ISSUANCE OF THE NEW HOPE CULTURAL EDUCATION FACILITIES FINANCE CORPORATION STUDENT HOUSING REVENUE BONDS (CHF- COLLEGIATE HOUSING ISLAND CAMPUS, L.L.C.-TEXASA&M UNIVERSITY -CORPUS CHRISTI ISLAND CAMPUS PROJECT) SERIES 2017A AND TO APPROVE THE PROJECT TO BE ACQUIRED WITH THE PROCEEDS OF SUCH BONDS. PURPOSE: In order for the interest on the bonds to be exempt from the holder's income, pursuant to Section 147(f) of the Internal Revenue Code of 1986, the Series 2017A bonds and the Project (i.e., student housing) must be approved by the City Council after the publication of Notice of Hearing and the holding of a hearing. BACKGROUND AND FINDINGS: The City has previously been asked to approve bonds and projects under Section 147(f) of the Internal Revenue Code of 1986. On May 17, 2016, the City approved two revenues bonds — one for the construction of student housing on the Texas A&M University Corpus Christi (TAMUCC) Momentum Campus (currently under construction) and the acquisition of current student housing on the Ward Island Campus (which did not occur). On May 13, 2014, the City approved bonds for the student housing on the TAMUCC Momentum Campus. In addition, in 2006, the City Council approved bonds for a non-commercial radio station operated by an educational media foundation. The resolution specifically states the bonds "... shall not constitute obligations of the City or a pledge of its faith and credit, and the City shall not be obligated to pay the Bonds or the interest thereon or otherwise incur any liability in respect thereof." A Notice of Public Hearing was published in the Corpus Christi Caller -Times on July 18, 2017. A Public Hearing relating to the notice was held on August 1, 2017. According to the minutes of the public hearing, no member of the public spoke at the meeting. ALTERNATIVES: Denial of the Resolution OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Not applicable EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Financial Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not applicable RECOMMENDATION: Staff recommends approval of the resolution LIST OF SUPPORTING DOCUMENTS: Resolution Presentation Certification Public Notices Map of housing on TAMUCC Ward Island Campus Internal Revenue Service Section 147 CITY OF CORPUS CHRISTI, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, AUTHORIZING THE MAYOR TO APPROVE THE ISSUANCE OF (I) THE NEW HOPE CULTURAL EDUCATION FACILITIES FINANCE CORPORATION STUDENT HOUSING REVENUE BONDS (CHF — COLLEGIATE HOUSING ISLAND CAMPUS, L.L.C. — TEXAS A&M UNIVERSITY — CORPUS CHRISTI ISLAND CAMPUS PROJECT) SERIES 2017A AND TO APPROVE THE PROJECT TO BE ACQUIRED WITH THE PROCEEDS OF SUCH BONDS WHEREAS, the New Hope Cultural Education Facilities Finance Corporation (the "Issuer") was created pursuant to the Cultural Education Facilities Finance Corporation Act, Article 1528m, Vernon's Revised Civil Statutes (to be codified in the Local Government Code, Chapter 337), as amended (the "Act"), and has the power, authority and rights to issue revenue bonds for the purpose of aiding any accredited institutions of higher education, secondary schools, and primary schools, and authorized charter schools in financing or refmancing educational facilities and housing facilities and facilities that are incidental, subordinate, or related thereto or appropriate in connection therewith; and WHEREAS, CHF — Collegiate Housing Island Campus, L.L.C., a single member Alabama limited liability company (the "Borrower"), has requested that the Issuer issue, and the Issuer proposes to approve the issuance of, its Student Housing Revenue Bonds (CHF — Collegiate Housing Island Campus, L.L.C. — Texas A&M University — Corpus Christi Island Campus Project) Series 2017A (the "Bonds"), pursuant to the Act and pursuant to a Trust Indenture between the Issuer and Regions Bank, as trustee (the "Indenture"), and to loan the proceeds of the Bonds to the Borrower, pursuant to a Loan Agreement between the Issuer and the Borrower (the "Loan Agreement") for the purpose of providing funds to fmance the cost of acquisition, improvement and equipping of approximately 23 student housing buildings containing approximately 1,228 units (approximately 1,790 beds) and various related amenities and improvements to be located on the campus of Texas A&M University—Corpus Christi, to pay certain start-up and operating expenses, to fund a debt service reserve fund for the Bonds, and to pay the costs of issuing the Bonds (collectively, the "Project"); and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires that the Bonds and the Project be approved by the "applicable elected representative" of the governmental unit in which the Project is located after a public hearing following reasonable public notice; and WHEREAS, the Mayor of the City of Corpus Christi, Texas (the "City") has been requested to approve, as the applicable elected representative of the City, the issuance of the Bonds and the Project in accordance with the requirements of the Code, and will be furnished with affidavits of publication of notice of such hearings which shall be published in a newspaper of general circulation available to residents within the boundaries of the City and minutes of the public hearings to be conducted in connection therewith once such hearings have been held; and Page 1 of 3 WHEREAS, the City Council desires to hereby authorize the Mayor to approve the issuance of the Bonds and the Project; and WHEREAS, the actions of the Issuer with respect to the Project and the Bonds (including the issuance of the Bonds and the execution and delivery of the Indenture and Loan Agreement) and the action of the Mayor and the City Council with respect to the matters described herein will create no liability for the City and the City Council desires to authorize the Mayor to execute the required approval in connection with the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1 The Mayor of the City of Corpus Christi, Texas, is hereby authorized to approve the issuance of the Bonds and the Project, for the limited purposes stated herein, and to execute and deliver such approval as requested. SECTION 2 The authorization to approve the Bonds and the Project is made for the sole purpose of satisfying the requirements of Section 147(f) of the Code, and for no other purpose and shall not be construed as a representation, warranty or other undertaking of any kind by the Mayor, the City or the City Council in respect of the Bonds or the Project. The Bonds shall not constitute obligations of the City or a pledge of its faith and credit, and the City shall not be obligated to pay the Bonds or the interest thereon or otherwise incur any liability in respect thereof. SECTION 3 The Mayor and City Secretary of the City and other officers of the City are hereby authorized to execute and deliver such instruments, certificates or documents necessary or advisable to carry out the intent and purpose of this resolution. SECTION 4 This Resolution shall take effect immediately upon its passage and shall continue in force and effect from the date hereof. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 3 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 3 of 3 Texas A&M University -Corpus Christi Bonds Residential Housing Council Presentation Future Agenda August 15, 2017 What TAMUCC is asking City to do APPROVE THE ISSUANCE OF Student Housing Revenue Bonds And Approve The Project To Be Acquired With The Proceeds Of Such Bonds (i.e., existing housing on Ward Island Campus) NOTE: The City Council previously approved the Bonds and the Project on May 17, 2016. However, the transaction was put on hold and, due to the passage of time, new approvals are required Internal Revenue Code In order for the interest on the bonds to be exempt from the holder's income, Section 147(f) of the Internal Revenue Code of 1986, the Series 2017A bonds and the Project (i.e., student housing) must be approved by the City Council after the publication of Notice of Hearing and the holding of a hearing. Notice and Public Hearing On July 18, 2017, notice of a public hearing was published in the Corpus Christi Caller Times. The public hearing was held on August 1, 2017. No member of the public attended the public hearing and thus no objections were made to the issuance of the Bonds or the Project to be acquired. Ward Island/Main Campus Approximately 1,228 Units Bond Amount Not to Exceed $95,000,000 CERTIFICATE OF THE MAYOR OF THE CITY OF CORPUS CHRISTI, TEXAS The undersigned Mayor of the City of Corpus Christi, Texas, (the "City") hereby certifies with respect to the issuance by the New Hope Cultural Education Facilities Finance Corporation (the "Corporation") of its Student Housing Revenue Bonds (CHF — Collegiate Housing Island Campus, L.L.C. — Texas A&M University — Corpus Christi Island Campus Project) Series 2017A (the "Bonds"), that: 1. This certificate is based upon the CERTIFICATE OF PUBLIC HEARING OFFICER REGARDING PUBLIC HEARING attached hereto as Exhibit A relating to the public hearing conducted on August 1, 2017, by the duly appointed hearing officer of the Corporation in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); and 2. Solely for purposes of the approval requirements of the aforesaid Section 147(f) of the Code, and for no other purposes, in my capacity as Mayor, I hereby approve the Bonds and the facilities to be financed with the proceeds of the Bonds; provided, however, THAT THIS APPROVAL SHALL NOT BE CONSTRUED AS (1) A REPRESENTATION OR WARRANTY BY THE CITY, THE MAYOR OF THE CITY, THE STATE OF TEXAS OR ANY OTHER AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE STATE OF TEXAS THAT THE BONDS WILL BE PAID OR THAT ANY OBLIGATIONS ASSUMED BY ANY OF THE PARTIES UNDER THE INSTRUMENTS DELIVERED IN CONNECTION WITH THE BONDS WILL IN FACT BE PERFORMED; (2) A PLEDGE OF FAITH AND CREDIT OF THE CITY OR THE STATE OF TEXAS OR ANY AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE STATE OF TEXAS OR THE CITY; OR (3) A REPRESENTATION OR WARRANTY BY THE CITY CONCERNING THE VALIDITY OF THE CORPORATE EXISTENCE OF THE CORPORATION OR THE VALIDITY OF THE BONDS. Mayor, City of Corpus Christi Date: , 2017 EXHIBIT A CERTIFICATE OF PUBLIC HEARING OFFICER REGARDING PUBLIC HEARING Re: New Hope Cultural Education Facilities Finance Corporation Student Housing Revenue Bonds (CHF— Collegiate Housing Island Campus, L.L. C.— Texas A&M University—Corpus Christi Project) Series 2017A The undersigned, Rebecca Torres, designated Hearing Officer of New Hope Cultural Education Facilities Finance Corporation (the "Issuer"), the Issuer of the above -referenced bonds (the "Bonds"), called the Public Hearing of the Issuer held in Bayview Room 320 of the University Center, 6300 Ocean Drive, Corpus Christi, Texas 78412, on August 1, 2017 to order at 11:00 a.m. I declared that a Public Hearing required under Section 147(f) of the Internal Revenue Code of 1986 was open for purposes of discussing the Bonds and the projects to be financed, refinanced or constructed with the proceeds of the Bonds (the "Projects") by CHF — Collegiate Housing Island Campus, L.L.C., an Alabama limited liability company. I declared that the required notice of the Public Hearing for the Projects was published in the Corpus Christi Caller -Times, being a newspaper of general circulation in the City of Corpus Christi, Texas, as evidenced by an Affidavit of Publication attached hereto as Schedule I. I proceeded to hold the Public Hearing. No member of the public attended the Public Hearing and thus no comments were made or discussed about the Projects or the Bonds. After sufficient time was given for any member of the public to make their comments with respect to the Bonds and the Projects, I declared the Public Hearing closed at 11:15 a.m. DATED: August 1, 2017. Rebecca Torres, Hearing Officer New Hope Cultural Education Facilities Finance Corporation SCHEDULE I Affidavit Of Publication [attached hereto] THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI AFFIDAVIT OF PUBLICATION § BEFORE ME, a notary public in and for the above named County, on this day personally appeared the person whose name is subscribed below, who, having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of the Corpus Christi Caller Times, which is a newspaper of general circulation in the City of Corpus Christi, Texas, devoting not less than 25% of its total column lineage to the carrying of items of general interest, published not less frequently than once each week, entered as second-class postal matter in the county where published, and having been published regularly and continuously for not less than 12 months prior to the making of any publication; and that a true and correct copy of the NOTICE OF PUBLIC HEARING, a clipping of which is attached to this Affidavit, was published in said Newspaper on lig ,2017. 2017. Authorized Officer or Employee SUBSCRIBED AND SWORN TO BEFORE ME on the€Q day of (SEAL) r rv' tir•.:;.. SYLVIA P PERE My Notary ID # 126819013 *,.•' Expires February 27, 2021 NOTICE OF PUBLIC HEARING CalierTimes Tuesday, July 18, 2017 9B Legg NOTICE OF PUBLIC HEARING The New Hope Cultural Edu- cation Facilities Finance Corporation (the "Issuer") will hold a public hearing at 11:00 a.m. on August 1, 2017 in Bayview Room 320 of the University Center, 6300 Ocean Drive, Corpus Christi, Texas 78412. Among items to be discussed will be a proposal for issuance by the issuer of its Student Housing Revenue Bonds (the "Bonds"), which will be issued in one or more series in an aggregate prin- cipal amount not to exceed $95,000,000. The Bonds will be issued to provide funds to finance the cost of the acquisition, renova- tion, furnishing and equip- ping of approximately 23 student housing buildings containing approximately 1,228 units and including the related facilities on the property and various relat- ed amenities and improve- ments and other education- al facilities, to fund interest on the Bonds, to fund cer- tain start-up costs, to fund a debt service reserve fund for the Bonds, and to pay the costs of issuing the Bonds (collectively, the "Project"). The Project will be owned by CHF - Collegiate Hous- ing Island Campus, L.L.C., an Alabama limited liability company, the sole member of which is Collegiate Hous- ing Foundation, an organi- zation described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the "Code"), and managed by American Campus Commu- nities, Inc. or a controlled affiliate of American Cam- pus Communities, Inc. The Project is located on the island campus of Texas A&M University -Corpus Christi at or adjacent to 6515 ocean Drive, Corpus Chris- ti, Texas 78412. Members of the public may attend or submit written comments prior to the hearing regard- ing the Project or the Bonds to the Issuer c/o Joseph E. Eckert, McCall, Parkhurst & Horton L.L.P., 717 North Harwood, Suite 900, Dallas, Texas 75201. This notice is published and the hearing is to be held to satisfy the requirements of Section 147(f) of the Code. You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) IRC Sec. 147 Current through PL 114-143, approved 4/11/16 IRC > INTERNAL REVENUE CODE > SUBTITLE A. INCOME TAXES > CHAPTER 1. NORMAL TAXES AND SURTAXES > SUBCHAPTER B. COMPUTATION OF TAXABLE INCOME > PART IV. TAX EXEMPTION REQUIREMENTS FOR STATE AND LOCAL BONDS > SUBPART A. PRIVATE ACTIVITY BONDS § 147. Other requirements applicable to certain private activity bonds. (a) Substantial user requirement. (1)In general. Except as provided in subsection (h), a private activity bond shall not be a qualified bond for any period during which it is held by a person who is a substantial user of the facilities or by a related person of such a substantial user. (2)Related person. For purposes of paragraph (1), the following shall be treated as related persons -- (A)2 or more persons if the relationship between such persons would result in a disallowance of losses under section 267 or 707(b) [/RC Sec. 267 or 707(b)], (B)2 or more persons which are members of the same controlled group of corporations (as defined in section 1563(a) [IRC Sec. 1563(a)], except that "more than 50 percent" shall be substituted for "at least 80 percent" each place it appears therein), (C)a partnership and each of its partners (and their spouses and minor children), and (D)an S corporation and each of its shareholders (and their spouses and minor children). (b) Maturity may not exceed 120 percent of economic life. (1)General rule. Except as provided in subsection (h), a private activity bond shall not be a qualified bond if it is issued as part of an issue and-- (A)the average maturity of the bonds issued as part of such issue, exceeds (B)120 percent of the average reasonably expected economic life of the facilities being financed with the net proceeds of such issue. (2)Determination of averages. For purposes of paragraph (1)-- (A)the average maturity of any issue shall be determined by taking into account the respective issue prices of the bonds issued as part of such issue, and (B)the average reasonably expected economic life of the facilities being financed with any issue shall be determined by taking into account the respective cost of such facilities. (3)Special rules. (A)Determination of economic life. For purposes of this subsection, the reasonably expected economic life of any facility shall be determined as of the later of-- (i)the date on which the bonds are issued, or (ii)the date on which the facility is placed in service (or expected to be placed in service). (B)Treatment of land. (i)Land not taken into account. Except as provided in clause (ii), land shall not be taken into account under paragraph (1)(B). Page 2 of 7 IRC Sec. 147 (ii)Issues where 25 percent or more of proceeds used to finance land. If 25 percent or more of the net proceeds of any issue is to be used to finance land, such land shall be taken into account under paragraph (1)(B) and shall be treated as having an economic life of 30 years. (4)Special rule for pooled financing of 501(c)(3) organization. (A)In general. At the election of the issuer, a qualified 501(c)(3) bond shall be treated as meeting the requirements of paragraph (1) if such bond meets the requirements of subparagraph (B). (B)Requirements. A qualified 501(c)(3) bond meets the requirements of this subparagraph if -- (i)95 percent or more of the net proceeds of the issue of which such bond is a part are to be used to make or finance loans to 2 or more 501(c)(3) organizations or governmental units for acquisition of property to be used by such organizations, (ii)each loan described in clause (i) satisfies the requirements of paragraph (1) (determined by treating each loan as a separate issue), (iii)before such bond is issued, a demand survey was conducted which shows a demand for financing greater than an amount equal to 120 percent of the lendable proceeds of such issue, and (iv)95 percent or more of the net proceeds of such issue are to be loaned to 501(c)(3) organizations or governmental units within 1 year of issuance and, to the extent there are any unspent proceeds after such 1 -year period, bonds issued as part of such issue are to be redeemed as soon as possible thereafter (and in no event later than 18 months after issuance).A bond shall not meet the requirements of this subparagraph if the maturity date of any bond issued as part of such issue is more than 30 years after the date on which the bond was issued (or, in the case of a refunding or series of refundings, the date on which the original bond was issued). (5)Special rule for certain FHA insured loans. Paragraph (1) shall not apply to any bond issued as part of an issue 95 percent or more of the net proceeds of which are to be used to finance mortgage loans insured under FHA242 or under a similar Federal Housing Administration program (as in effect on the date of the enactment of the Tax Reform Act of 1986 [enacted Oct. 22, 1986]) where the loan term approved by such Administration plus the maximum maturity of debentures which could be issued by such Administration in satisfaction of its obligations exceeds the term permitted under paragraph (1). (c) Limitation on use for land acquisition. (1)In general. Except as provided in subsection (h), a private activity bond shall not be a qualified bond if-- (A)it is issued as part of an issue and 25 percent or more of the net proceeds of such issue are to be used (directly or indirectly) for the acquisition of land (or an interest therein), or (B)any portion of the proceeds of such issue is to be used (directly or indirectly) for the acquisition of land (or an interest therein) to be used for farming purposes. (2)Exception for first-time farmers. (A)In general [Caution: For calendar years beginning in 2016, see § 3.21 of Rev. Proc. 2015-53 (26 USCS § 1 note) for provision that the loan limit amount under this subparagraph for first time farmers is $ 520,000.]. If the requirements of subparagraph (B) are met with respect to any land, paragraph (1) shall not apply to such land, and subsection (d) shall not apply to property to be used thereon for farming purposes, but only to the extent of expenditures (financed with the proceeds of the issue) not in excess of $ 450,000. (B)Acquisition by first-time farmers. The requirements of this subparagraph are met with respect to any land if-- Page 3 of 7 IRC Sec. 147 (i)such land is to be used for farming purposes, and (ii)such land is to be acquired by an individual who is a first-time farmer, who will be the principal user of such land, and who will materially and substantially participate on the farm of which such land is a part in the operation of such farm. (C)First-time farmer. For purposes of this paragraph-- (i)In general. The term "first-time farmer" means any individual if such individual-- (I)has not at any time had any direct or indirect ownership interest in substantial farmland in the operation of which such individual materially participated, and (II)has not received financing under this paragraph in an amount which, when added to the financing to be provided under this paragraph, exceeds the amount in effect under subparagraph (A). (ii)Aggregation rules. Any ownership or material participation, or financing received, by an individual's spouse or minor child shall be treated as ownership and material participation, or financing received, by the individual. (iii)Insolvent farmer. For purposes of clause (i), farmland which was previously owned by the individual and was disposed of while such individual was insolvent shall be disregarded if section 108 [IRC Sec. 108] applied to indebtedness with respect to such farmland. (D)Farm. For purposes of this paragraph, the term "farm" has the meaning given such term by section 6420(c)(2) [IRC Sec. 6420(c)(2)]. (E)Substantial farmland. For purposes of this paragraph, the term "substantial farmland" means any parcel of land unless such parcel is smaller than 30 percent of the median size of a farm in the county in which such parcel is located. (F)Used equipment limitation. For purposes of this paragraph, in no event may the amount of financing provided by reason of this paragraph to a first-time farmer for personal property-- (i)of a character subject to the allowance for depreciation, (ii)the original use of which does not begin with such farmer, and (iii)which is to be used for farming purposes,exceed $ 62,500. A rule similar to the rule of subparagraph (C)(ii) shall apply for purposes of the preceding sentence. (G)Acquisition from related person. For purposes of this paragraph and section 144(a) [IRC Sec. ], the acquisition by a first-time farmer of land or personal property from a related person (within the meaning of section 144(a)(3) [IRC Sec. 144(a)(3)]) shall not be treated as an acquisition from a related person, if-- (i)the acquisition price is for the fair market value of such land or property, and (ii)subsequent to such acquisition, the related person does not have a financial interest in the farming operation with respect to which the bond proceeds are to be used. (H)Adjustments for inflation. In the case of any calendar year after 2008, the dollar amount in subparagraph (A) shall be increased by an amount equal to-- (i)such dollar amount, multiplied by (ii)the cost -of -living adjustment determined under section 1(f)(3) [/RC Sec. 1(f)(3)] for the calendar year, determined by substituting "calendar year 2007" for "calendar year 1992" in subparagraph (B) thereof.lf any amount as increased under the preceding sentence is not a multiple of $ 100, such amount shall be rounded to the nearest multiple of $ 100. Page 4 of 7 IRC Sec. 147 (3)Exception for certain land acquired for environmental purposes, etc. Any land acquired by a governmental unit (or issuing authority) in connection with an airport, mass commuting facility, high-speed intercity rail facility, dock, or wharf shall not be taken into account under paragraph (1) if-- (A)such land is acquired for noise abatement or wetland preservation, or for future use as an airport, mass commuting facility, high-speed intercity rail facility, dock, or wharf, and (B)there is not other significant use of such land. (d) Acquisition of existing property not permitted. (1)In general. Except as provided in subsection (h), a private activity bond shall not be a qualified bond if issued as part of an issue and any portion of the net proceeds of such issue is to be used for the acquisition of any property (or an interest therein) unless the 1st use of such property is pursuant to such acquisition. (2)Exception for certain rehabilitations. Paragraph (1) shall not apply with respect to any building (and the equipment therefor) if-- (A)the rehabilitation expenditures with respect to such building, equal or exceed (B)15 percent of the portion of the cost of acquiring such building (and equipment) financed with the net proceeds of the issue.A rule similar to the rule of the preceding sentence shall apply in the case of structures other than a building except that subparagraph (B) shall be applied by substituting "100 percent" for "15 percent". (3)Rehabilitation expenditures. For purposes of this subsection-- (A)In general. Except as provided in this paragraph, the term "rehabilitation expenditures" means any amount properly chargeable to capital account which is incurred by the person acquiring the building for property (or additions or improvements to property) in connection with the rehabilitation of a building. In the case of an integrated operation contained in a building before its acquisition, such term includes rehabilitating existing equipment in such building or replacing it with equipment having substantially the same function. For purposes of this subparagraph, any amount incurred by a successor to the person acquiring the building or by the seller under a sales contract with such person shall be treated as incurred by such person. (B)Certain expenditures not included. The term "rehabilitation expenditures" does not include any expenditure described in section 47(c)(2)(B) [IRC Sec. 47(c)(2)(8)]. (C)Period during which expenditures must be incurred. The term "rehabilitation expenditures" shall not include any amount which is incurred after the date 2 years after the later of-- (i)the date on which the building was acquired, or (ii)the date on which the bond was issued. (4)Special rule for certain projects. In the case of a project involving 2 or more buildings, this subsection shall be applied on a project basis. (e) No portion of bonds may be issued for skyboxes, airplanes, gambling establishments, etc. A private activity bond shall not be a qualified bond if issued as part of an issue and any portion of the proceeds of such issue is to be used to provide any airplane, skybox or other private luxury box, health club facility, facility primarily used for gambling, or store the principal business of which is the sale of alcoholic beverages for consumption off premises. The preceding sentence shall not apply to any fixed -wing aircraft equipped for, and exclusively dedicated to providing, acute care emergency medical services (within the meaning of section 4261(g)(2) [IRC Sec. 4261(g)(2)]). (f) Public approval required for private activity bonds. (1)In general. A private activity bond shall not be a qualified bond unless such bond satisfies the requirements of paragraph (2). Page 5 of 7 IRC Sec. 147 (2)Public approval requirement. (A)In general. A bond shall satisfy the requirements of this paragraph if such bond is issued as a part of an issue which has been approved by-- (i)the governmental unit-- (I)which issued such bond, or (II)on behalf of which such bond was issued, and (ii)each governmental unit having jurisdiction over the area in which any facility, with respect to which financing is to be provided from the net proceeds of such issue, is located (except that if more than 1 governmental unit within a State has jurisdiction over the entire area within such State in which such facility is located, only 1 such unit need approve such issue). (B)Approval by a governmental unit. For purposes of subparagraph (A), an issue shall be treated as having been approved by any governmental unit if such issue is approved-- (i)by the applicable elected representative of such governmental unit after a public hearing following reasonable public notice, or (ii)by voter referendum of such governmental unit. (C)Special rules for approval of facility. If there has been public approval under subparagraph (A) of the plan for financing a facility, such approval shall constitute approval under subparagraph (A) for any issue-- (i)which is issued pursuant to such plan within 3 years after the date of the 1st issue pursuant to the approval, and (ii)all or substantially all of the proceeds of which are to be used to finance such facility or to refund previous financing under such plan. (D)Refunding bonds. No approval under subparagraph (A) shall be necessary with respect to any bond which is issued to refund (other than to advance refund) a bond approved under subparagraph (A) (or treated as approved under subparagraph (C)) unless the average maturity date of the issue of which the refunding bond is a part is later than the average maturity date of the bonds to be refunded by such issue. For purposes of the preceding sentence, average maturity shall be determined in accordance with subsection (b)(2)(A). (E)Applicable elected representative. For purposes of this paragraph-- (i)In general. The term "applicable elected representative" means with respect to any governmental unit-- (I)an elected legislative body of such unit, or (II)the chief elected executive officer, the chief elected State legal officer of the executive branch, or any other elected official of such unit designated for purposes of this paragraph by such chief elected executive officer or by State law.lf the office of any elected official described in subclause (II) is vacated and an individual is appointed by the chief elected executive officer of the governmental unit and confirmed by the elected legislative body of such unit (if any) to serve the remaining term of the elected official, the individual so appointed shall be treated as the elected official for such remaining term. (ii)No applicable elected representative. If (but for this clause) a governmental unit has no applicable elected representative, the applicable elected representative for purposes of clause (i) shall be the applicable elected representative of the governmental unit- (I)which is the next higher governmental unit with such a representative, and Page 6 of 7 IRC Sec. 147 (II)from which the authority of the governmental unit with no such representative is derived. (3)Special rule for approval of airports or high-speed intercity rail facilities. If-- (A)the proceeds of an issue are to be used to finance a facility or facilities located at an airport or high-speed intercity rail facilities, and (B)the governmental unit issuing such bonds is the owner or operator of such airport or high-speed intercity rail facilities,such governmental unit shall be deemed to be the only governmental unit having jurisdiction over such airport high-speed intercity rail facilities for purposes of this subsection. (4)Special rules for scholarship funding bond issues and volunteer fire department bond issues. (A)Scholarship funding bonds. In the case of a qualified scholarship funding bond, any governmental unit which made a request described in section 150(d)(2)(B) [IRC Sec. 150(d)(2)(8)] with respect to the issuer of such bond shall be treated for purposes of paragraph (2) of this subsection as the governmental unit on behalf of which such bond was issued. Where more than one governmental unit within a State has made a request described in section 150(d)(2)(B) [ Sec. 150(d)(2)(8)], the State may also be treated for purposes of paragraph (2) of this subsection as the governmental unit on behalf of which such bond was issued. (B)Volunteer fire department bonds. In the case of a bond of a volunteer fire department which meets the requirements of section 150(e) [IRC Sec. 150(e)], the political subdivision described in section 150(e)(2)(B) [IRC Sec. 150(e)(2)(8)] with respect to such department shall be treated for purposes of paragraph (2) of this subsection as the governmental unit on behalf of which such bond was issued. (g) Restriction on issuance costs financed by issue. (1)In general. A private activity bond shall not be a qualified bond if the issuance costs financed by the issue (of which such bond is a part) exceed 2 percent of the proceeds of the issue. (2)Special rule for small mortgage revenue bond issues. In the case of an issue of qualified mortgage bonds or qualified veterans' mortgage bonds, paragraph (1) shall be applied by substituting "3.5 percent" for "2 percent" if the proceeds of the issue do not exceed $ 20,000,000. (h) Certain rules not to apply to certain bonds. (1)Mortgage revenue bonds and qualified student loan bonds. Subsections (a), (b), (c), and (d) shall not apply to any qualified mortgage bond, qualified veterans' mortgage bond, or qualified student loan bond. (2)Qualified 501(c)(3) bonds. Subsections (a), (c), and (d) shall not apply to any qualified 501(c)(3) bond and subsection (e) shall be applied as if it did not contain "health club facility" with respect to such a bond. (3)Exempt facility bonds for qualified public-private schools. Subsection (c) shall not apply to any exempt facility bond issued as part of an issue described in section 142(a)(13) [IRC Sec. 142(a)(13)] (relating to qualified public educational facilities). History (Added Oct. 22, 1986,P.L. 99-514, Title XIII, § 1301(b), 100 Stat. 2635; Nov. 10, 1988,P.L. 100-647, Title I, § 1013(a)(11) -(13)(B), (29), (36), Title VI, § 6180(b)(4), (5), 102 Stat. 3539, 3543, 3544, 3728; Dec. 19, 1989, PL. 101-239, Title VII, § 7816(s)(3), 103 Stat. 2423; Nov. 5, 1990, P.L. 101-508, Title XI, § 11813(b)(8), 104 Stat. 1388-552; Aug. 20, 1996, P.L. 104-188, Title I, § 1117(a), (b), 110 Stat. 1764; June 7, 2001, P.L. 107-16, Title Page 7of7 IRC Sec. 147 IV, § 422(d), (e), 115 Stat. 66; May 22, 2008, P.L. 110-234, Title XV, Subtitle C, Part III, § 15341(a) -(d), 122 Stat. 1517; June 18, 2008, P.L. 110-246, § 4(a), Title XV, Subtitle C, Part III, § 15341(a) -(d), 122 Stat. 1664, 2279; Feb. 14, 2012, P.L. 112-95, Title XI, § 1105(a), .) INTERNAL REVENUE CODE Copyright © 2016 Matthew Bender & Company, Inc. a member of the LexisNexis Group TM All rights reserved. TRAHAN ARCHITECTS RICAN BANK CENTER STUDY PHASE 11 - NOVEMBER 2014 The American Bank Center, renovated and expanded in the mid 2000s, includes the Selena Auditorium, expanded Convention Center and the ABC Arena. The renovated and expanded facility includes new and existing conditions which would be resolved by further modification. Existing Structure EXPANSION a AMERICAN BANK CENTER - STUDY PHASE 11 S1031IHal NVHV2I1 The proposed renovation and wpansion is based upon the expansion program recommended by HVS as well as past wperience with similar centers. Ilincludes the linear expansion and renovation of the entry sequence, exhibition halls and meeting rooms, arena support and auditorium refinement. Extruded Bar Concept EXPANSION 9 AMERICAN BANK CENTER - STUDY PHASE 11 S1031IHal NVHV2I1 ▪ THEATRE ▪ LOBBY CONVENTION CENTER ARENA OCONVENTION CENTER LEVEL 1 SCALE: 1/128"= 1'-0" A 8,000 sf Existing 0 sf Area diagram indicating Level 1 area modifications and expansion Area Diagram PROGRAM AMERICAN BANK CENTER - STUDY PHASE II S 1031IHSUV NVHVUI ▪ THEATRE ▪ LOBBY CONVENTION CENTER ARENA OCONVENTION CENTER LEVEL 2 SCALE: 1/128"= 1'-0" Existing 1 25;010-sf Ell openlir Existi il TiMi Area diagram indicating Level 2 area modificafions and expansion Area Diagram PROGRAM II 3SVHd AQfIS - 2131N30 >I' 10311H3 V NVHV2I1 ▪ THEATRE 1 Existing 2 Loading 3 Storage . LOBBY AREA: 31,575 s/ AREA: 23,736 s/ 4 Main Lobby (East) 5 Secondary Lobby (West) CONVENTION CENTER AREA .216,930s/ 6 Exhibition Hall 7 Food Court 8 Prefunction (circulation etc.) 9 Support (restrooms/mech etc.) 10 Loading/Storage/Recieving ® ARENA AREA: 107,600s/ 11 Existing 12 Promenade 13 Freight Elevator 14 Hockey Team Locker 15 Basketball/Arena Football Locker 16 Storage/Recieving 17 Back of House Performance 18 Officials locker AMERICAN BANK CENTER - LEVEL 1 O SCALE: 1/128"= 1'-0" 7 Level 1 Plan showing revisions to the theater, entry lobby sequence, and pre-func ion and food court zones of the convention center. The exhibit halls are also expanded to the west and include new dock and support/loading space. The arena includes a proposed lobby expansion to accommodate circulation from the south hotel site as well as renovations to existing locker rooms a new freight elevator and expanded support to the west to accommodate additional facilities. Planning AMERICAN BANK CENTER - STUDY PHASE II S1031IHal NVHV211 12 8 Irl■��..hi l mim■ co® IBI MP 11 W.- M'i Mai .� WI ■ MI 14 s4.--1 tttttt� 8 MI° 9 9 6 14 13 16 15 1_ 17 int 9 10 Level 1 Plan showing revisions to the theater, entry lobby sequence, and pre-func ion and food court zones of the convention center. The exhibit halls are also expanded to the west and include new dock and support/loading space. The arena includes a proposed lobby expansion to accommodate circulation from the south hotel site as well as renovations to existing locker rooms a new freight elevator and expanded support to the west to accommodate additional facilities. Planning AMERICAN BANK CENTER - STUDY PHASE II S1031IHal NVHV211 1 3 THEATRE AREA: 31,985 s/ 1 Existing 2 Reallocated Event Space 3 Rehearsal Room 4 Mezzanine LOBBY AREA: 0 sf 5 Open Below Main Lobby (East) CONVENTION CENTER AREA: 143,800 sf 6 Large Meeting Room 7 Meeting Room 8 Prefunction (circulation etc) 9 Storage 10 Service Corridor ® ARENA AREA: 67,330sf 11 Existing 12 Promenade 13 Freight Elevator OAMERICAN BANK CENTER - LEVEL 2 SCALE: 1/128"= 1'-0" 10- 8 limy! as o 1 �': "owl 6 MBE 7 6 0N 6 —10 13 Level 2 Plan showing revisions to the theater, entry lobby sequence, and pre -function and meeting level of the convention center. The meeting level includes reconfigured junior ballroom facilities as well as substantial increases in meeting room spaces supported by service corridors.. The arena includes a proposed lobby expansion to accommodate circulation from the south hotel site as well as a new freight elevator. Planning E AMERICAN BANK CENTER - STUDY PHASE II S1031IHal NVHV211 Future Hotel Proposed Sitea', ', _ Proposed Garage 525 spaces, Site B displaces parking. Thus the proposed hotel project may include a parking garage on existing parking lots, connected to the new hotel by a skybridge, which includes displaced and new parking to support the ABC and the hotel. Site B HOTEL STUDY AMERICAN BANK CENTER - STUDY PHASE II S1031IHal NVHV211 Diagram showing the relationship of the Site B hotel in relation to the new entry sequence and the existing theater. The hotel tower, which includes the restaurant, lobby lounge, guest services, health club and spa, is separated from the meeting room/ballroom wing. Site B - Massing HOTEL STUDY 34 AMERICAN BANK CENTER - STUDY PHASE 11 S1031IHal NVHV2I1 WM 11 / ❑0 n ❑ te 8�0 g I'` ❑ 0 8 00i'ob Parking -Hotel �2 Connection l (-0 00----,_ 00 - n n 0 IIIIIIIIIII 1 i ���OGIIIII_ j 0 0 0 -- VIII HIT AN Hotel -Conference Connection Diagram indicating the proposed circulation route for patrons moving to and from the hotel to the convention center and connectivity to the parking garage 5 0' 1 0' 250' Connection HOTEL STUDY 36 AMERICAN BANK CENTER - STUDY PHASE II S1031IHal NVHV211 LOBBY ▪ RESTAURANT ▪ BALLROOM SUPPORT / B.O.H. ▪ SPA / FITNESS ▪ ADMIN / EMPLOYEE SUPPORT ▪ HOUSEKEEPING / MEP HOTEL ROOMS ROOF TERRACE HOTEL B - PROGRAM MASSING Axonometric diagram showing the programmatic allocation of the Site B hotel complex Program Stack HOTEL STUDY 7` AMERICAN BANK CENTER - STUDY PHASE II S1031IHal NVHV211 LO 1 2 3 • RE 4 • BA 5 ATTL FIN ®o'; 1013111 A11E: 5 6 8 0 00 0O0 00 Planning HOTEL STUDY 38 AMERICAN BANK CENTER - STUDY PHASE 11 S1031IHal NVHV2I 3BY nlr y - -otion ebb, ARCA: Lobby Su ervices 0,030 es/ est :: STAURANT uul rye 6,330gs 4REA: / Ear- ar.LROOM . OOM AREA. :0,600gcf re-Buncti.., leeting itchcn Rooms 8PCFT / IR -) 4 AIR�kA• a 7 ATTL FIN ®o'; 1013111 A11E: 5 6 8 0 00 0O0 00 Planning HOTEL STUDY 38 AMERICAN BANK CENTER - STUDY PHASE 11 S1031IHal NVHV2I • HO 1 2 • BA 3f 4E 51 AD 11111111111 1111111111 3 Plannini 0 00 000 00 HOTEL STUDY 39 AMERICAN BANK CENTER - STUDY PHASE II S1031IHal NVHV211 JSEKEEPING/MLP .o EP .Lf1OOM tairrBal aIlroom keepir,5 Iroom Support ,RA '3,780ys/ ARCA. u e� atien AD 11111111111 1111111111 3 Plannini 0 00 000 00 HOTEL STUDY 39 AMERICAN BANK CENTER - STUDY PHASE II S1031IHal NVHV211 AD 1A 2E MI rims ME ME MP MUM' IMO MU Offi OM= .'I'7f .yee glirgn MEI 2 SU 3 B.O.H. IIE_ A11E: 4 AD 00 OI 0 (o 00 )% Planning HOTEL STUDY 44' AMERICAN BANK CENTER - STUDY PHASE II S1031IHal NVHV211 O HO 1 Suites 2 Standard -P1 r +R 8+0 �) CC n 1 2 TOTAL HOTEL ROOM FLOOR AREA: 188,100 gsf Planning HOTEL STUDY 41 AMERICAN BANK CENTER - STUDY PHASE II S1031IHal NVHV211 SP4/Ei 1 Ftness 2 Spa TN E S aF Fq /fi tng< AD 0 00 690o 00 Planning HOTEL STUDY 42.. AMERICAN BANK CENTER - STUDY PHASE II S1031IHal NVHV211 . RO 1 Vegetated Roof 2 Pool TFF R AGF ALE 4144f= R R R1 AD 1 2 LEI 101001 3 OE -3u 000 00 0 Oo ,000 so/i 0 00 0900 00 Planning HOTEL STUDY 43 AMERICAN BANK CENTER - STUDY PHASE II S1031IHal NVHV211 View of the Site B massing concept within the ABC campus context Conceptual Rendering HOTEL STUDY 44 AMERICAN BANK CENTER - STUDY PHASE II S1031IHal NVHV2I1 ABC Center Study Findings and Recommendations Corpus Christi, Texas July 2017 ABC Market and Feasibility Study Scope Timeline December 2010—July 2013 CCCVB worked with Johnson Consulting on Feasibility Study January 2014 RFQ Released for new study May 2014 Contract signed with HVS January 2015 First draft delivered to CCCVB from HVS March 2015 Second draft delivered to CCCVB from HVS July 2015 Final draft delivered to CCCVB from HVS May 2016 Revised final draft to City Manager July 2017 Presentation to CCCVB Board of Directors & City Council HVS Convention, Sports & Entertainment Role of Convention Center • Typically do not generate operating profits — they are a loss leader • Generates economic benefit for a community by attracting new visitors • Generates tax revenues and jobs in the local economy • Serves as the "living room of the community" • Gathering place for entertainment and civic events • Provide tourism infrastructure • Enhances quality of life Hotels, Restaurants, Attractions, Retail Community and City of Corpus Christi's General Fund Benefit From Visitors Note: Meeting space in hotels does not cash flow — provided to fill hotel rooms HVS Convention, Sports & Entertainment Importance of Headquarters Hotel • Hotel at convention centers has become the norm • Hotel at convention centers: San Antonio, Houston, Austin, Ft. Worth, McAllen, Dallas, Grapevine • Many RFPs for conventions requires all under one roof • Corpus Christi continues to be eliminated from consideration set Corpus Christi Also Competes With Large Hotels • Hotels with more than 1,000 rooms: Austin, Dallas, San Antonio, Grapevine, Houston • Hotels with more than 100,000 sq. feet of meeting space: Galveston, San Antonio, Dallas, Austin, Houston, Grapevine, Frisco HVS Convention, Sports & Entertainment 84.0 7 9.0 74.0 6 9.0 64.0 59.0 54.0 49.0 44.0 39.0 34.0 Impact of Conventions and Events February Occupancy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2016 2017 *2o16 dates are not reflective. Numbers correspond to days of the week in comparison to 2017. 95.0 90.0 85.0 80.0 75.0 70.0 65.0 60.0 55.0 50.0 45.0 40.0 35.0 Impact of Conventions and Events March Occupancy SkillsTJS Y v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2015 .2016 *2015 dates are not reflective. Numbers correspond to days of the week in comparison to 2016. Slide 6 tl change chart title to "March Occupancy" and also on all of these graphs thazinski, 7/14/2017 t2 Not clear to me in what year hte events occur 2015 of 2016? thazinski, 7/14/2017 95.0 90.0 85.0 50.0 75.0 70.0 65.0 60.0 55.0 50.0 45.0 40.0 Impact of Conventions and Events April Occupancy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2015 2016 *2015 dues are not reflective. Numbers correspond to days of the week in comparison to 2016. 100.0 95.0 97.0 85.0 80.0 75.0 70.0 65.0 60.0 55.0 50.0 Impact of Conventions and Events July Occupancy 1 2 8 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2015 -2016 *2015 dates are not reflective. Numbers correspond to days of the week in comparison to 2016. 2016 Economic Impact at American Bank Center Source: DMAI Calculator Conventions 8c Meetings $26 million Non -meetings 8c Conventions $8.3 million Total Economic Impact in 2017 $34.9 million HVS Convention, Sports & Entertainment ABC Market and Feasibility Study Scope Background and Outline • Market analysis • Comprehensive event planner survey • Comparable venue analysis • Hotel market analysis (estimate of funding gap) • Assessment of existing conditions • Preliminary recommendations for expansion and improvements • Financial operations Analysis • Economic impact estimates • Concept Plan — a physical plan for venue improvements completed by Trahan Architects • Project Costs — based on physical plan, estimate costs for each element of the project completed by Rider Levett Bucknall • Financing Options — analysis of financing options for various components of the project completed by HVS HVS Convention, Sports & Entertainment Consequences of Doing Nothing Lost business has been increasing in recent years as events outgrow the center or prefer other Texas destinations. 381 384 Over the next decade, Corpus Christi would cease to participate in the convention market in a meaningful way. Thousands of Attendees •.. 299 354 .........3.05....... 347 307 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 HVS Convention, Sports & Entertainment 11 Key Findings of Phase One Research • A modest expansion of exhibit hall and meeting room space would meet most event planner needs and allow for more simultaneous events. TOTAL FUNCTION SPACE (SF) Expansion, 177,000 Existing, 136,000 MEETING ROOM DIVISIONS Expansion, 34 Existing, 22 • Existing exhibit, ballroom and meeting spaces are substandard. • Meeting and banquet spaces as well as lobby spaces need to be reconfigured. • Event planner survey data shows that improvements and the addition of 40,000 sf of exhibit space would meet the needs of 96% of interested event planners HVS Convention, ,ports & Entertainment Need for Adjacent Hotel Rooms (convention event planners) Required 82% Not Required Preferred 12% 95% of convention planners need or prefer proximate hotel (n = 108) Required 58% 5% Preferred Not Required 28% 14% 86% of convention planners need or prefer headquarters hotel (n = 43) ABC Expansion Concept •TRAHAN ARCHITECTS HVS Convention, Sports & Entertainment Page 14 The Impact of Expansion An expanded ABC could annually attract approximately: 27 more events * 74,000 more attendees 42,000 more room nights 250 200 150 100 50 ESTIMATED NUMBER OF EVENTS 2014/15 2014/15 2018/19 2020/21 Expansion No Expansion *New events include high -impact conventions, trade shows, and conferences. 2022/23 HVS Convention, Sports & Entertainment Page 15 Economic Impact In a future stabilized year of operation (in 2014 dollars) • $33 million in annual direct, indirect and induced economic impact • 325 full-time equivalent jobs • $1.34 million in annual sales and hotel tax collections by the City Net present value of 20 years of spending = $445 million HVS Convention, Sports & Entertainment Page 16 Estimated Project Costs and Sources of Funds Auditorium $10.8 M Cash Funded Phase 2 Project Hotel $69.6 M Debt and/or Equity Repaid with Hotel Net Income and Project Generated Taxes Arena $10.3 M Cash Funded from the Arena Trust Fund Convention Center* $75.1 M Lodging Tax Supported Revenue Bonds *Convention center project incl udes new expanded function space, retrofit of existing space, lobby improvements, a garage, and a connecting pedestrian bridge. HVS Convention, Sports & Entertainment 17 HOT Revenue Capacity without a Tax Increase 30 years of HOT Revenue = $737 Million 30 years of HOT Revenue allocated to expenses = 441 Million Residual HOT Revenue Available to repay debt = $280 Million Amount needed to repay interest and principal on debt* = $176 Million *Assumes $75 million in capital costs, 5% issuance costs, 5% interest rate, and 30 year amortization. HVS Convention, Sports & Entertainment Summary of HVS Findings & Recommendations • If unchanged, the ABC will lose its ability to participate in the convention center business. • A modest level of investment in the ABC and headquarters hotel could significantly increase the economic impact of the center. • The hotel would contribute income to the project. • Existing HOT could finance most of the improvements. • Further explore hotel financing options through an RFP process that invites a public private partnership or public hotel financing. • HOT revenues provide sufficient capacity to finance ABC improvements. • Cash finance arena improvements and other qualifying project components with available Arena Trust Funds. HVS Convention, Sports & Entertainment Next Steps • Build consensus to proceed with the project. • Confirm building program elements to be included in the project. • Work with financial advisors to develop a financing plan. • Prepare RFP for convention center design and construction team. • Prepare RFP for design and construction team for Hotel Development. HVS Convention, Sports & Entertainment Page 20 Contact Information: Thomas Hazinski Managing Director HVS Convention, Sports & Entertainment 312-587-9900 Ext. 11 thazinski@hvs.com