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Home My WebLink About024790 ORD - 02/26/2002 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AMENDMENT NO.2 TO THE LEASE BETWEEN THE BUCCANEER COM- MISSION AND THE CITY OF CORPUS CHRISTI, AUTHORIZED BY ORDI- NANCE NO. 023917 ON JANUARY 18, 2000, TO ADJUST THE AMOUNT PAYABLE FOR POLICE SERVICES, ADD A LATE PAYMENT FEE, AND CLARIFY PROCEDURES FOR RESOLVING DISPUTED CLAIMS; PRO- VIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute Amendment NO.2 to the lease between the Buccaneer Commission and the City of Corpus Christi, authorized by Ordinance No. 023917 on January 18, 2000, to adjust the amount payable for police services, add a late payment fee, and clarify procedures for resolving disputed claims. A copy of Amendment NO.2 is attached to this ordinance as Exhibit A. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judg- ment 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 in- tent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication of this ordinance 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, Texas. H.\LEG-DIR\eh7aheth\El.IZAB,"T\FHordOI.IOO\Ellord.120wpd 024790 - r.. ..... ~- - That the foregoing ordinance was...@ad for the first time and passed to its second read- ing on this the 1 (ltv' day off. l(JY\.,lCln, ,2002, by the following vote: Samuel L. Neal, Jr. CtlJf, Rex A. Kinnison ('{tjL Henry Garrett Ub(}CLcn John Longoria ~ Brent Chesney Cl:f' Jesse Noyola LlljD Javier D. Colmenero CLL}L Mark Scott ~ Bill Kelly L~r~ That the foregoing ord'nance was read for the second time and passed finally on this the a Lri>d'ay of 14 ,2002, by the following vote: Samuel L. Neal, Jr. ' Rex A. Kinnison U Henry Garrett John Longoria Javier D. Colmenero Mark Scott Brent Chesney Jesse Noyola Bill Kelly PASSED AND APPROVED on this the ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa, Cit Secretary By: Samuel L. APPROVED AS TO LEGAL FORM this /g . day of ~'2002. JAMES R. BRAY, JR., CITY ATTORNEY . Hundley, As Istant City A or ey H\LFG-DJR\elizabeth\EI.IZABET\EHordO I I OO\Ellord J 20. wpd 024790 'I 1'1' r-........ - EXHIBIT A Amendment No.2 to the Lease between the City of Corpus Christi and the Buccaneer Days Commission Section 1. The Lease is amended to revise Section 7 to read as follows: Payment of City Costs. In consideration for the use of City property, the Commission will pay the City within 60 days after the Event ends each year the actual cost incurred for services rendered, including any other City services provided by departments other than Park & Recreation and Policec. less anv amountis) that the Commission has dis- puted. An invoiced amount will be considered to be in dispute upon receipt. bv the Park Director. of a written notice from the Commission. The written notice must detail the basis for the disputed claim and must be received by Director within twentv (20) calen- dar davs of Commission's receipt of Citv's invoice. Resolution and pavment of anv disputed amountis) will be Qoverned bv Section 27. The Park Director will invoice the Commission for such costs within t.veflty (20) thirtv (30) calendar days after the Event each year. Such invoice will provide an itemized breakdown of the City charges for services rendered (set up and take down, event clean-up, street sweeping and repair categories). Upon receipt of written request of the Commission's Agent, the Park Director will furnish reasonable supporting documenta- tion of such charges within ten (10) calendar days. If there is a hurricane or other storm event that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance levels, the City Manager is delegated the author- ity to adjust the billing of City's Direct Costs. A. Direct Costs. City's Direct Costs is assisting with the Event may include, but not limited to: 1. Damages to City property as a result of the Event, which will be billed at the cost of repair. Commission may repair damages. 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant City departments, at applicable City rates for the year billed, see Section 22 below. (The Commission will be given the opportunity to hire and work its own clean up crew during and after the Event.) 3. Costs of Police Officers provided for security, crowd control, traffic control, and off-site traffic control, at applicable city rates for the Police Officers as- signed. for ','ear 2000, COFflFflissiofl will pay 100% of City costs for LICf1t services afl(J 75% of all roliee olieFtiFfle. for all SUDSC<jl:lCflt 'fcars, Commis- sion will be responsible for 100% of all non-police City Direct Costs, iflcluelifl~ poliee oveFtiFfle and 50% of police overtime. 4. Costs of additional directional signage, barricades, and cones are Commis- sion's responsibility (see Sections 13 and 14) as well as any other services requested by Commission's Agent and provided by City. 'II II' r .- Ill! City will provide an annual itemized bill of Direct Costs, if any, within 30 days after the Event closes. The Commission will pay City's Direct Costs, if any, as billed within 30 days after City tenders the invoice to Commission. less any amount(s) the Commission has disputed in accordance with the procedure above. Section 2. The Lease is amended to add Section 7.B. to read as follows: B. Late Fee. Commission's failure to pay the undisputed charaes on City's invoice within 30 days after submittal to Commission shall result in a late payment fee beina assessed aaainst Commission. 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. Section 3. The Lease is amended to revise Section 27 to read as follows: Dispute Resolution. City and the Commission agree that any disputes which may arise between them concerning this Lease, such as determining the amount of damage to City property occurring as a result of the Event or reaardina an invoiced amount, will be submitted for determination and resolution, first to the Park Director, with a right of appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten (10) days after the written decision of the City Manager has been sent to the Commission. In the event of such appeal, the decision of the City Council will be final. Upon a resolution of the dispute. either by aareement of the parties or as the result of an appeal. the disputed amount will be considered due and payable to the City within ten (10) calendar days of the resolution. This Lease in no way waives the Commission's rights to seek other legal remedies during the appeals process. Section 4. All terms and conditions of the Lease not changed herein remain the same. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2002. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary David R. Garcia, City Manager, or his designee APPROVED AS TO LEGAL FORM on the day of ,2002. JAMES R. BRAY, JR, CITY ATTORNEY By: Elizabeth R. Hundley, Assistant City Attorney H\LEG-D1Rlelizabeth\F.l.IZABET\PARK & REC\BuccAmendmt2Rcviscd wpd 2 'I 11' r .- ~rr BUCCANEER DAYS COMMISSION By: Name: Title: Date: II \LEG- Dl RIel izaheth\FL IZABETIPARK & REC\BuccAmendml2Revi sed. "pd 3 'II I" , -- .-t',.' n.'\ ,!.,:~'; r ~I('r (i" r'!\., i 1_' tr~..l,;,v'" ,,~ ~_', \" \. '\: f) t1 .....,' ,;. " , 0, ,i,,'. , ' State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT ss: CITY OF CORPUS CHRISTI Ad # 4110779 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, KIeberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 3RD day(s) of MARCH. 2002. Corl:lwa.Chri8lI C8IIIiIrmn_Swlday,M$tch.3. 200vn NO'I'ICi oF PAS$!lG6 OF ORDINANCE NO. I 024190 ardina, neo aulIlOrizIng tho City Manager or his designee to execu~ Amendment No. 2 to , the lease agreement between the B U'C C.8 nee r CQmmisslon - and-1he CIty of ~ ChIou; I authorized by Ord,...-Na'.E17, on~.1',...,' ", ........ Ie ,,",pelle. '_li1ale , 'oeod~~ resolving disputed claims. This ordinance .' was passed and I \ approved on second reading by \he .City l~ounc~ of tho City of . Corpus Christ.l on F~20,2Q!lIl. lei AmIIndO ~ ClIly -taIy City of COrptJ8l::Jhristf - I. {)tft, No, () At{ 7q 0 ,~.~ n , ,~~ Credit Customer Service Manager Subscribed and sworn to me on the date of MARCH 04. 2002. C3i 02XZ 'YYlfJJU.{J... j t.{)'Le/l..--J Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. -~