HomeMy WebLinkAboutAgenda Packet City Council - 04/10/2001
CITY
COUNCIL
AGENDA
City of
Corpus
ChrIsti
April 10, 2001
1 :45 p.m.
Proclamation declaring April 15 - 22, 2001 as "Days of Remembrance"
Honorary Citizenship Certificates to German Exchange Students
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
APRIL 10, 2001
2:00 P.M.
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 after the Presentations section. Please speak
into the microphone iocated at the podium and state your name and address. Your presentation will be limited to three minutes.
If you have a petition or other information pertaining to your subject, please present it to the City Secretary.
Si ud. Desea dirigirse al Concilio y cree que su ingles es limitado, habra un inter prete 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 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Brother William Hitt, Brighton Park Baptist Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Betty Jean Longoria
Council Members:
Javier D. Colmenero
Melody Cooper
Henry Garrett
Arnold Gonzales
Rex A. Kinnison
John Longoria
Mark Scott
City Manager David R. Garcia
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
E. MINUTES:
1. Approval of the Joint and Regular Meetings of March 27, 2001 . (Attachment # 1)
Agenda
Regular Council Meeting
April 10, 2001
Page 2
F. SPECIAL CONSIDERATION ITEM:
2.a. Ordinance canvassing returns and declaring the results of the
General Election held on April 7, 2001, in the City of Corpus Christi,
for the purpose of electing the Mayor, and Council Members, and for
the ballot measure to repeal Ordinance No. 024270. (Attachment # 2)
2.b. Ordinance ordering a runoff election to be held on April 21, 2001 in
the City of Corpus Christi; designating polling place locations;
enacting provisions incident and relating to the subject and purpose
of this ordinance. (Attachment # 2)
G. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
H. PRESENTATIONS: (NONE)
I. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT
SCHEDULED ON THE AGENDA. PLEASE LIMIT PRESENTATIONS
TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL
DURING THIS TIME PERIOD, PLEASE SIGN THE FORM A T THE
REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME,
ADDRESS AND TOPIC. (A recording is made of the meeting; therefore,
please speak into the microphone located at the podium and state your name and
address. If you have a petition or other information pertaining to your subject.
please present it to the City Secretary.)
Si usted se dirige a la junta y cree que su ingles es limitado, habra un interprete
ingles-espanol en la reuni6n de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERA TE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL
DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL
MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING.
J. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed as
motions, resolutions, or ordinances. If deemed appropriate, the City Council
will use a different method of adoption from the one listed; may finally pass
an ordinance by adopting it as an emergency measure rather than a two
reading ordinance; or may modify the action specified. A motion to
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April 10, 2001
Page 3
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.
K.
CONSENT AGENDA
Notice to the Public
The following items are 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.
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration.)
3. Motion approving a supply agreement for approximately 5,000 tons of
50% caustic soda with Formosa Plastics Corporation, USA,
Livingston, New Jersey, based on low bid, in accordance with Bid
Invitation No. BI-0093-01 for an estimated annual expenditure of
$880,000. The term of the contract will be twelve months with option
to extend for up to two additional twelve-month periods, subject to the
approval of the contractor and the City Manager or his designee.
Funds have been budgeted by the Water Department in FYOO-01.
(Attachment # 3)
4. Motion approving the purchase of a mobile water injection system
from Robstown Hardware Company, Robstown, Texas, based on sole
source, for a total amount of $24,700. The mobile water injection
system will be used by the Solid Waste Department. Funds are
available from the Council of Governments Grant No. 00-20-G12.
(Attachment # 4)
5. Motion authorizing the City Manager or his designee to execute a
construction contract with Reese Contracting, Inc. for a total fee not
to exceed $221,450 for the Nueces Acres Lift Station. (Requires 6
votes) (Attachment # 5)
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April 10, 2001
Page 4
6. Motion authorizing the City Manager or his designee to issue a
Request for Proposal for a natural gas supply contract. (Attachment
#6)
7.a. Resolution authorizing the City Manager or his designee to submit a
grant application to the Comptroller of Public Accounts, State Energy
Conservation Office in the amount of $33,500 for the City of Corpus
Christi's Clean Cities Coordinator program. (Attachment # 7)
7.b. Motion authorizing the City Manager or his designee to execute a
contract in the amount of $33,500 with the State Energy Conservation
Office that will fund a Clean Cities Coordinator Program and pay
expenses relating to the City's Clean Cities Alternatives Fuels
Initiatives. (Requires 6 votes)(Attachment # 7)
7.c. Ordinance appropriating $33,500 from the Comptroller of Public
Accounts, State Energy Conservation Office in the No. 1050
Federal/State Grants Fund for the City of Corpus Christi's Clean Cities
Coordinator Program. (Attachment # 7)
8.a. Motion authorizing the City Manager or his designee to accept a grant
in the amount of $50,772 and execute a contract with the Corporation
for National Service for the continuation of the Retired and Senior
Volunteer Program. (Attachment # 8)
8.b. Ordinance appropriating a $50,772 grant from the Corporation for
National Service in the No. 1050 State and Federal Grants Fund for
the continuation of the Retired and Senior Volunteer Program.
(Attachment # 8)
9.a. Motion authorizing the City Manager or his designee to accept a grant
in the amount of $154,342 in funding from the Executive Office of the
President, Office of National Drug Control Policy, to support the Police
Department's role in the Texas Coastal Corridor Initiative in the
Houston High Intensity Drug Trafficking Area. (Attachment # 9)
9.b. Ordinance appropriating $154,342 in the No. 1050 Federal/State
Grants fund from the Executive Office of the President, Office of
National Drug Control Policy, to support the Police Department's role
in the Texas Coastal Corridor Initiative in the Houston High Intensity
Drug Trafficking Area. (Attachment # 9)
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
.
Agenda
Regular Council Meeting
April 1 0, 2001
Page 5
10.a. Motion authorizing the City Manager or his designee to accept a
Hazardous Materials Emergency Preparedness Planning Grant in the
amount of $20,928 from the Texas Department of Public Safety
Division of Emergency Management to fund: (a) the development of
a web-accessible hazardous materials database, (b) the purchase of
public education materials, (c) the purchase of "Consequence
Analysis Toolset" software, (d) and to hire temporary staff to update
Annex D. (Attachment # 10)
10.b. Ordinance appropriating $20,928 from the Texas Department of
Public Safety Division of Emergency Management in the No. 1050
Federal/State Grants Fund for hazardous materials emergency
preparedness planning activities. (Attachment # 10)
L. PUBLIC HEARINGS: (NONE)
M. REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
11. Motion authorizing the City Manager or his designee to execute an
engineering services contract in the amount of $53, 1 01 with Martinez,
Guy and Maybik for the Intersection Approach Improvements at the
following sites: (Bond Issue 2000 Project C-11) (Requires 6 votes)
(Attachment # 11)
Airline Road - new right turn lane on southbound Airline Road
at South Padre Island Drive Expressway westbound frontage
road;
South Staples Street - new right turn lane on southbound
Staples Street at Everhart Road; and
Waldron Road - new right turn lane on northbound Waldron
Road at Hustlin' Hornet Drive.
12. Motion authorizing the City Manager or his designee to execute an
agreement with the law firm of Linebarger, Heard, Goggan, Blair,
Graham, Pefia and Sampson, L.L.P., to collect outstanding court fines
and fees on behalf of the City of Corpus Christi. (Requires 6 votes)
(Attachment # 12)
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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Agenda
Regular Council Meeting
April 10, 2001
Page 6
13. Resolution approving the creation of and the Articles of Incorporation
of the South Texas Electric Project, Inc. (Attachment # 13)
N. EXECUTIVE SESSION:
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 matters
listed on the agenda, when authorized by the provisions of the Open
Meetings Act, Chapter 551 of the Texas Government Code. In the event/he
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.
Planned Executive Session and Related Action
Notice is given specifically that the City Council expects to go into
executive session during this meeting regarding the following
additional matter:
14. Executive session pursuant to Texas Government Code Section
551.071 regarding City of Corpus Christi v. William Riddick et ai, No.
95-7104-G, 319th District Court, Nueces County, Texas with possible
discussion and action related thereto in open session.
O. REPORTS:
The following reports include questions by Council to Staff regarding City
policies or activities; request by Council for information or reports from Staff;
reports of activities of individual Council members and Staff; constituent
concerns; current topics raised by media; follow-up on Staff assignments;
scheduling of future Council meetings and activities; and other brief
discussions regarding city-related matters.
15. LEGISLATIVE UPDATE: Consideration of resolutions and actions
deemed appropriate by the City Council as to legislative issues before
the 77th Texas Legislature.
16. CITY MANAGER'S REPORT
.
Upcoming Items
17. MAYOR'S UPDATE
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April 10, 2001
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
18. COUNCIL AND OTHER REPORTS
P. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance to
City Hall, 1201 Leopard Street, at Ia.., 00 p.m.,~, 2001.
Armando Chapa
City Secretary
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the
Friday before regularly scheduled council meetings. If
technical problems occur, the agenda will be uploaded on
the Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
T
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CITY COUNCIL
1999 PRIORITY ISSUES: CONTINUE "AS IS"
Improve Basic Services: Trash, Brush, Debris
Improve Basic Services: Street and Road Maintenance
Improve Basic Services: Animal Control
ZImprove Basic Services: Quality Water
Improve Basic Services: Lighting
fit Stormwater / Drainage
EN
Northside Plan Residential / Community Park Development
40
Capital Improvements /Bond Issue
OAirport Improvements
Street Assessment
Golf Course
y>� Youth Crime Initiatives
Environmental Compliance
k
Development Center
11 Community -Oriented Policing
1999 PRIORITY ISSUES: CONTINUE WITH REVISIONS
9Privatize Services
1 • Explore additional opportunities
.vifilw Crime Control District Initiatives
• Address budget concerns and the ability to fund the program for the long-term
Bavfront Development Plan
• Continue to vigorously pursue development in the Bayfront Arts &Sciences Park area
• Continue coordination / collaboration among entities in the area
Improve Basic Services: Park Maintenance
oft • Prepare / repair facilities
• Evaluate current facilities for improvement priorities
• Identify undeveloped park land for possible sale
• Consider outsourcing neighborhood park maintenance to Neighborhood Associations,
with assurances of equity
• Explore establishment of Adopt -A -Park program
Animal Control
• Ensure adequate staff and equipment
• Establish a "Cooperative Veterinarian" program
Economic Development
• Participate with local and regional economic development initiatives (not necessarily
with funding)
Bayfront Convention Center Expansion
• Modify plans or identify alternative funding sources as a result of study
NEW PRIORITY ISSUES FOR 2000
Internal Issues
Charter Revision
• Tax Cap
• Term Limits
• Utility Transfers
Review previous Charter Commission's recommendations
&A.2 Improve Working Relationships with Other Taxing Entities
• Invite to quarterly meetings
"Tax Summit"
Explore opportunities to share in tobacco settlement dollars
Landscaping / Improvement of Entryway from Corpus Christi International Airport
• Code enforcement
Address Long-term Budgetary Issues
om• Reach agreement on a plan / philosophy
• Acquire software, ensure monthly requisitions and timely CAFR
Ma Legislative Issues
Museum of Science and History Long -Range Plan
Tax Increment Financing District (Packery Channel)
Long-range Strategic Water Planning Capacity
External Issues
Metrocom
Nil Crosstown Expressway
Spaceport
TMedical Campus
Long-range (after the Bond Issue)
Downtown Development
• Median improvement / landscaping
• Plan for development of west end of downtown (First United Methodist Church to
Memorial Coliseum)
Hospitality Industry Development - Central City
CC Beach Development
Marina Development
�( Development of Island, Post-Packery Channel
Foreign Trade Zone Expansion
Community -wide Visioning Process
1
T
N!fNUTES
JOINT MEETfNG OF THE
CORPUS CHRISTI CITY COUNCIL AND
CRIME CONTROL .-\j'JD PREVENTION DISTRICT BOARD OF DIRECTORS
March27,2001-1210p.m.
CITY COUNCIL
\[ayor Samuel L. Neal Jf.
\1ayor Pro Tem Betty Jean Longoria
Javier D. Colmenero
Melody Cooper*
Henry Garrett
Dr. Arnold Gonzales
Rex Kinnison
John Longoria
Mark Scott
CRIME CONTROL DISTRICT BOARD
Leon Loeb, President
Larry Baker
Linda Bridges
Eddie Gamez
Adolfo Garza
John Heldenfels
W. L. Hennis
Danny Mora
Isaac Valencia
City Staff Present
City Manager David R. Garcia
City Attorney James R. Bray Jf.
City Secretary Armando Chapa
Police Chief Pete Alvarez
Police Cmdf. Bryan Smith
Recording Secretary Rachelle P Ramon
Mayor Neal called the meeting to order in the Basement Training Room of City Hall. City
Secretary Chapa checked the roll and verified that a quorum was present to conduct the meeting. Mr.
Loeb verified that there was a quorum of the Board of Directors of the Corpus Christi Crime Control
and Prevention District. (*Council Member Cooper arrived at 12: 14 p.m.)
Mr. Loeb read from prepared remarks regarding the Crime Control District's achievements
since its inception and particularly in the last year. He noted that the directed patrol program has been
initiated and has achieved very positive results. The Juvenile Assessment Center has had improved
coordination with Municipal Court, which has also made referrals for case management. In addition,
the district board has approved one-time funding for the improved video imaging system, which is
now being implemented. Mr. Loeb also reported that the Finance and Budget departments have
improved the timeliness and accuracy of the information they provide to the district board members.
Mf. Loeb said that at the Crime Control District meeting on March 21st, the board
unanimously approved its FY200I-02 budget and a public hearing is set for April 18th. He said the
board approved a long-term budget plan which commits the district to adding 10 police officers to
the existing complement of 40. which fulfills the promise made in the original district plan to fund
50 officers. He said the FY2001-02 budget also contains increased funding for one-time
expenditures requested by the Citizen Advisory Councils and the directed patrol officers. such as
street lighting, passive traffic control, graffiti-resistant coatings, and miscellaneous expenditures
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\1inutes - Joint Meeting
\larch 27. 200 I
Page 2
necessary to eliminate neighborhood nuisances.
The board president said they also approved one-time funding for additional equipment for
the proposed conversion of the Crime Prevention Unit and the DARE Unit into an integrated
commulllty policing group, which would be responsible tor directed patrol activities, drug education
and crime prevention at the neighborhood level.
Mr. Loeb pointed out that in order to fund the additional 10 police officers, reductions will
have to be made in several support positions, effective at the end of FY2002-03. In order to do that,
vacant support positions would not be filled and the remaining support personnel would be
transferred to vacant parallel positions in General Fund departments. He said the board considered
several factors in making their budget decisions, including the commitment made to the public that
the Crime Control District would add 50 police officers to the force, and their belief that the Police
Department can reengineer its internal processes to accommodate the resulting reduction in support
personnel. Mr. Loeb also commended Cmdr. Smith for his outstanding work as the administrator of
the Crime Control District.
Cmdr. Smith delineated specific achievements in the Crime Control District's third year:
directed patrol program and the Citizen Advisory Councils (seven officers); Campus Crime Stoppers
program (one officer); street lighting program; expansion of the Juvenile Enforcement Team (10
officers) and Canine Unit (one officer); Juvenile Curfew and Truancy Assessment Center; police
legal advisor (one attorney); pawn shop detail; video imaging system; replacement of high-mileage
vehicles; prisoner transport vehicle; crime scene vans; expanded bicycle patrol (five officers);
walking motors (three officers); and expanded traffic safety section (two officers).
Cmdr. Smith then discussed the long-term plan to accommodate the 50 police officers and
to maintain the Juvenile Assessment Center. which would eliminate 25 support positions. He noted
that staff thinks the 40-officer plan is the best plan operationally for the Police Department and the
citizens. He also discussed the proposal to convert the Crime Prevention and DARE units into the
community policing plan, which would basically decentralize many operations to carry out a wide
variety of tasks. One of the effects of that proposal would be a cost of $285,800 for vehicles and
equipment for FY2001-02.
A discussion ensued about the proposal to add 10 more police officers and the resulting
reduction in support personnel, as well as the proposed conversion of the DARE unit. City Manager
Garcia and city staff discussed the problem of the high turnover rate in the Dispatch Center and the
difficulty in training and retaining personnel there. With regard to the board's proposed budget, Mr.
Garcia said he understands why the board made their recommendations and he noted that the most
important issue is to ensure that the Crime Control District is reauthorized by the voters. Mayor Neal
said they need to evaluate how the district is fulfilling its mission.
Mr. Garcia, Chief Alvarez and other city staff also responded to Council members' questions
about other aspects of the Crime Control District and the Police Department, including the
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\Iinutes - Joint Meeting
\larch 27,2001
Page J
Metrocom Dispatch Center, child safety fee bill in the legislature. the Police Department and Crime
Control budgets, collective bargaining contract and civilian personnel.
Cmdr. Smith pointed out that the Crime Control District's tlve-year plan is on track and they
are addressing a budget concern that is two years away with the intention of convincing the voters
that the district is worthy of being reauthorized in the future.
Mr. Abel Alonzo, 1701 Thames, thanked the Crime Control Board for their efforts. He said
if the support personnel reductions are made, it is important to tlnd positions for the displaced
personnel. He Said the board unanimously approved funding all 50 police officers and he hopes the
Council will unanimously approve all 50 officers as well.
There being no further business. Mayor Neal adjourned the joint meeting at 1: 17 p.m.
*************
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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 27, 2001
2:35 p.m.
PRESENT
Mayor Samuel 1. Neal Jr.
Mayor Pro Tern Betty Jean Longoria
Council Members:
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Amold Gonzales
Rex A. Kinnison
John Longoria
Mark Scott
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Assistant City Attorney Jay Reining
Recording Secretary Rachelle P. Ramon
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Ron Boggs, Mt. Olive Lutheran Church-LCMS,
following which the Pledge of Allegiance to the United States flag was led by Council Member
Colmenero. City Secretary Chapa called the roll and verified that the necessary quorum of the
Council and the required charter officers were present to conduct the meeting. Mayor Neal called
for approval of the minutes of the regular Council meeting of March 20, 2001. A motion was made
and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Jesse Hix said he has had a problem communicating with members of the Corpus Christi
Police Department. Mayor Neal said they will ask Cmdr. Bryan Smith, Coordinator of the Crime
Control and Prevention District, to contact Mr. Hix.
Mr. Roland Garza, of the Felix Longoria Chapter of the American GI Forum, said that
organization will launch a series of campaigns to draw attention to the concerns of city employees,
particularly regarding collective bargaining. He said they have sworn affidavits delineating
retaliation, sexual harassment and low morale.
Mr. Trian Serbu, 14310 Playa del Rey, said the Packery Channel proposal is still the original
developer's plan for Lake Padre to provide access from his seagate across the public beach to the
Gulf of Mexico. He said this proposal is not a viable boat pass and will not constitute an increase
in available jobs. He said there is nothing preventing the developer from proceeding with plans to
develop that area without Packery Channel. Council Member Scott said the project the city is
supporting includes maintaining the channel to the Intercoastal Waterway and bulkheading the
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Minutes - Regular Council Meeting
March 27,2001
Page 2
residential property. Mr. Scott said studies have shown that the least expensive way to renourish the
beach in front of the seawall is to use the dredge material from Packery Channel.
Mr. Buck Sosa said he worked as a Corpus Christi firefighter for 32 years and served as
president of the local firefighters association. He said if collective bargaining worked for police and
fire employees, it should work for other city employees too. He urged the Council to allow city
employees to use "dues checkoffs" so they can have someone represent them.
Mr. J.E. O'Brien, 4130 Pompano, said the bond rating agencies have said that the city's
growth has averaged 3.8% per year for the last five years, which he says refutes claims that growth
in this community has been nonexistent. He said the Combined Utilities Fund last year had over $25
million in net income and if costs are reduced, the Council should consider reducing utility rates or
providing rebates to ratepayers. Mayor Neal pointed out that the average growth in the state was
22.8% so Corpus Christi did not experience robust growth. Mr. Scott added that the net taxable
assessed values in Corpus Christi went up 1.9% while the Consumer Price Index increased 2.3%.
Mr. David Perry, 14126 Cutlass, asked if anything had been done concerning the restrictions
upon his commercial property on Palmira Street. Mayor Neal said the issue Mr. Perry is referring to
was brought before the Planning Commission, which recommended it to the Council. The Council
in turn considered it in a public hearing and subsequently approved it. He said they are well aware
of Mr. Perry's concerns.
Mr. John Nelson, 7125 Cano Lane, said the Council proposes developing a residential area
and calling it economic development. He said Corpus Christi's job market pays very poorly. Mayor
Neal said the tax increment financing zone, which is the proposed financing mechanism for the
Packery Channel project, does not include residential construction.
Mr. Jack Gordy, 310 Norton St., said "Corpus Christi Yes" is illegally placing political signs
in the rights-of-way and the Council is allowing it to continue.
Mr. Jim Kolter, 13705 Tajamar St., commended the Council for the forward-looking
approaches they are using to meet the city's challenges. He asked what the alternative will be if the
tax increment financing zone is not approved by the voters, including what the plan will be for the
seawall on Padre Island. He said there is a cost if nothing is done.
Mr. Abel Alonzo said that contrary to what the opposition says, the Packery Channel issue
is about jobs and the people who will be most affected are Hispanic youth.
Mr. Mike Zepeda said there are a number of city employees who want the city to allow them
to deduct union or association dues from their paychecks. He said he has been promoting this issue
for 30 years and he questioned why the employees have not been allowed to take advantage of it.
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Minutes - Regular Council Meeting
March 27,2001
Page 3
Mayor Neal deviated from the regular agenda and opened discussion on Item 20, high priority
transportation corridors. City Manager Garcia introduced Mr. David Cich, Executive Director of the
Economic Development Council for the City of Alice. He referred to a presentation scheduled on
March 29th for the Texas Transportation Commission by the Alice and Jim Wells County
Transportation Committee and the Robstown Area Development Commission. He said they are
proposing a special funding designation to support the development of relief routes along Phase I
high-priority corridors of the Texas trunk system for rural communities under 50,000 in population.
Mr. Cich explained that the Phase I high-priority corridors provide for a network off our-lane
divided highways to connect key points, including Mexican ports of entry, truck routes, deepwater
ports, military installations, and tourism and recreation areas. All of those points exist along the
Hwy. 44/59 corridor connecting the Port of Laredo to the Port of Corpus Christi.
Mr. Cich said plans are underway by the Laredo District Office of the Texas Department of
Transportation to expand Hwys. 59 and 44 to a four-lane divided highway from Laredo to San Diego
in 10-mile sections starting in the near future. He said development of relief routes in Alice and
Robstown will eliminate critical bottlenecks that currently hinder the free flow of freight traffic from
port to port. He then described the congestion that travelers currently experience on Hwy. 44 through
Alice and Robstown caused by several traffic lights, excessive traffic, and railroad traffic, which will
increase over the years.
Mr. Cich said the proposed relief routes will provide an alternative for hazardous cargo,
improve safety in the populated areas, and reduce air pollution in Alice and Robstown caused by
idling vehicles. The routes will also provide an uninterrupted free flow of traffic from port to port.
He also listed the legislators and communities pledging support for this proposal. Council Member
Scott thanked Mr. Cich and others for their efforts. There were no comments from the audience. City
Secretary Chapa polled the Council for their votes as follows:
20. RESOLUTION NO. 024410
Resolution to the Texas Transportation Commission expressing the City of Corpus Christi's
strong support for the Commission to designate a special funding category to support the
completion of studies and construction of relief routes on the Phase I High Priority Corridors
of the Texas Trunk System for rural cities less than 50,000 population and to provide
immediate priority for funding for development of the Alice and Robstown relief routes
along the high-priority corridors, and that funding also be considered for the cities of San
Diego and Freer as second priorities.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 3, a presentation on the status of the convention
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Minutes - Regular Council Meeting
March 27,2001
Page 4
center and arena projects. City Manager Garcia explained that a meeting was held last week between
the design team and the stakeholders (impacted entities) to review key issues in the development of
these two very important projects.
Mr. Kevin Stowers, Acting Assistant Director of Engineering Services, introduced Mr.
Andrew McLean of Thompson, Ventulett, Stainback & Associates, Mr. Robert Fatovic of
Arquitectonica, and Mr. Raymond Gignac of Gignac & Associates. Mr. Gignac said the architectural
firms have been charged with programming the facilities and developing a master plan for the area.
He said the design issues to be considered include the cost of the facilities, ingress, egress, building
location and relationship to the bay.
Using a computer presentation, Mr. McLean reviewed three options for the location of the
arena in relation to the expanded convention center: Option I proposed placing the arena on city-
owned property on Brewster Street with the future expansion of the convention center running in a
westward direction; Option 2 considered placing the arena on city-owned property with the
convention center expanding south onto privately owned property; and Option 3 proposed locating
the arena on privately owned property south of the convention center with the center's future
expansion to the west on city-owned property.
Mr. McLean then discussed in more detail Option 3, which is the option being recommended
by the stakeholders group because of its synergism with the convention center, its location right on
the bay, and the shared use of the loading docks, which saves money. Mr. Fatovic described design
options for the arena itself, which would consist of 8,000 fixed seats and 1,500 to 2,000 moveable
seats. Mr. Fatovic, Mr. McLean and Mr. Gignac then responded to Council members' questions. Mr.
McLean added that a parking study is currently being conducted and should be completed soon.
Deputy City Manager Noe said the next presentation will include more detailed information
about the projects' budgets and the possibility of acquiring land to locate the arena on the area
bounded by Chaparral, Resaca and Shoreline. He added that SMG, the firm hired by the city to
manage the arena, will be actively involved in updating the figures for operating expenses and
revenues. Mr. Angel Escobar, Director of Engineering Services, pointed out that the recommended
proposal saves the majority of the existing parking in that area.
There was consensus of the Council to direct the design teams to continue with plans for
Option 3. Mr. Garcia said they would begin negotiations with the landowner regarding that property.
* * * * * * * * * * * * *
Mayor Neal announced the following executive sessions: Item 30-pursuant to Texas
Govemment Code Section 551.072 regarding the purchase, exchange, lease, or value of real property
in connection with acquisitions necessary for the Rincon Bayou Project; and Item 31-pursuant to
Texas Government Code Section 551.071 regarding the L-Head Baitstand lease, with possible
discussion and action related thereto in open session. The Council went into executive session.
Minutes - Regular Council Meeting
March 27, 2001
Page 5
The Council returned from executive session. There were no comments from the audience
on Items 28.a. or 28.b. City Secretary Chapa polled the Council for their votes as follows:
28.a. RESOU JTION NO. 024412
Resolution recognizing public necessity of and authorizing acquiring fee simple title to 67.3
acres of land in connection with the Rincon Bayou water diversion project in San Patricio
County, Texas, and acquiring said title by eminent domain or otherwise, said 67.3 acres
being out of the Victoriano Juares and Pedro Villareal Grant, A-32, San Patricio County,
Texas, and more particularly described in that certain deed dated August 21, 1912, recorded
in Volume 43, Page 372 of the Deed Records of San Patricio County, Texas.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
28.b. RESOLUTION NO. 024413
Resolution recognizing public necessity of and authorizing acquiring fee simple title to
1l.183 acres ofland, more or less, located in San Patricio County in the Victoriano Juares
and Pedro Villareal Grant, A-32, in connection with the Rincon Bayou water diversion
project in San Patricio County, Texas, and acquiring said title by eminent domain or other-
wise, said 11.183 acres being more particularly described in Exhibit "A" attached hereto.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 15, University Beach Park project. Assistant City
Manager Tom Utter explained that previously Texas A&M University-Corpus Christi (T AMU-CC)
and the Texas General Land Office had entered into a contract for the construction of a beach park
in Corpus Christi Bay immediately across Ocean Drive from the university. However, there were
legal issues in transferring the use grant of state land to TAMU-CC and timing problems in
completing the project before the funding expires in late September.
Mr. Utter said the parties met with city officials and the following proposed resolutions were
drafted. They would allow the City of Corpus Christi to assume the role of the local government
entity to accept the use grant while stipulating that T AMU-CC would continue to be responsible for
the operation and maintenance of the beach, which would be open to residents as well. Mayor Neal
called for comments from the audience.
Mr. Ray Hayes, from TAMU-CC, expressed the university's appreciation to city staff and
the Council for allowing this project to continue to the benefit of all involved. City Secretary Chapa
polled the Council for their votes as follows:
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Minutes - Regular Council Meeting
March 27, 2001
Page 6
IS.a. RESOLUTION NO. 024404
Resolution authorizing the City Manager or his designee to execute on behalf of the City of
Corpus Christi an agreement with the Texas General Land Office related to the University
Beach Park.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
IS.b. RESOLUTION NO. 024405
Resolution authorizing the City Manager or his designee to execute on behalf of the City of
Corpus Christi an agreement with Texas A&M University-Corpus Christi related to the
University Beach Park.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 19, Rodd Field Public Improvement District. Mr.
Utter explained that Rodd Field Village, which was annexed by the city in 1989, was part of the old
Rodd Field, a Naval airfield, which had its own sewer and water systems and streets. When the
property was sold, almost all the lots were not platted and, as a result, the owners cannot build or
expand their businesses. Mr. Utter said staff worked with the property owners to design the public
improvement district and to date, owners of 73% of the acreage and 81 % of the value of the
properties have committed to the project.
Mr. Utter said that with one exception, this proposal is exactly the same as what was
proposed in the original annexation plan. The exception is that this proposal calls for a minimum
pavement width of24 feet as opposed to the original plan, which had a 30-foot street width. He said
this plan will allow for basic city services to be constructed.
Council Member Kinnison referred to a proposed substitute resolution distributed to the
Council which states that "the City Manager is directed to rely on the Rodd Field Village annexation
service plan and not the current requirements in the city's Platting Ordinance and street and utility
construction standards, specifications, and detail sheets." Mr. Kinnison said there are many property
owners who plan to continue developing that area and he said it is time to fulfill the promise that was
made a long time ago. There were no comments from the audience.
Mr. Kinnison made a motion to substitute the resolution to which he referred, seconded by
Mr. Longoria. Responding to Dr. Gonzales, Mr. Utter further explained the improvements contained
in the annexation plan. He said if those improvements were constructed today from the ground up,
staff estimates they would cost about $6.5 million. However, they are proposing following the
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March 27, 2001
Page 7
original annexation service plan at an approximate cost of $700,000. Mr. Utter said if the Council
approves this action, it will start the public improvement district process which will have to come
back to the Council for the actual assessment followed by construction in about 12 months.
The motion to submit the substitute resolution passed unanimously. City Secretary Chapa
polled the Council for their votes as follows:
19. RESOLUTION NO. 024409
Resolution setting the level of public improvements within the proposed Rodd Field Public
Improvement District.
The foregoing resolution passed, as substituted, by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 10, contract with Terra-Genesis Housing. There were
no comments from the audience. Council Member John Longoria introduced Mr. Ron Anderson,
Executive Director of Terra-Genesis, which has made many improvements to that housing area.
Mr. Anderson said they began improving Lexington Manor Apartments about seven years
ago. He noted that Terra-Genesis is the HUD grantee and the Police Department is the sub-grantee.
He said the funds will be used for additional policing in the neighborhood, for additional undercover
services, and surveillance equipment. Other grant funds will be used by the District Attorney's Office
for the prosecution of drug-related crimes which occur in that area.
City Secretary Chapa polled the Council for their votes as follows:
10.a. RESOLUTION NO. 024400
Resolution authorizing the City Manager or his designee to execute a contract with Terra-
Genesis Housing Inc., a HUD grant recipient, for the Corpus Christi Police Department to
provide supplemental police services within the patrol area that surrounds the Lexington
Manor Apartments, for a period of24 months and not to exceed $95,500.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent.
10.b. ORDINANCE NO. 024401
Ordinance appropriating $95,500 from Terra-Genesis Housing Inc. for supplemental police
patrol within the patrol area that surrounds the Lexington Manor Apartments in the No. 1020
General Fund-Police Department, amending Ordinance No. 024130 which adopted the
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Page 8
FY2000-01 Budget by increasing both revenues and appropriations by $95,500 in the No.
1020 Fund.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper,
Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 2, a presentation about the Clean Texas program, a
voluntary leadership program of the Texas Natural Resource Conservation Commission. Mr. Rob
Borowski, Coordinator of Clean Texas, said the program offers benefits and incentives to members
who commit to improving the environment and sustaining a quality oflife for future generations. He
said there are three membership levels of Clean Texas: Leader, Partner and Advocate.
Mr. Borowski said that in the Leader level, the following commitments are made: set
environmental improvement goals with community support; establish internal and community-wide
environmental programs; create a system to ensure compliance and continuous improvement; and
provide community communications and sustainability practices. The Partner level, in which the City
of Corpus Christi participates, encompasses the first two commitments and the Advocate level
involves promoting the Clean Texas program and supporting a community environmental outreach
program. Mr. Borowski also responded to Council members' questions.
* * * * * * * * * * * * *
The third presentation (Item 4) was the quarterly update on the water utility reengineering
effort. Using a computer presentation, Mr. Ron Massey, Assistant City Manager for Public Works
and Utilities, said they have adopted a reengineering theme called "E'n which stands for
"effectiveness, efficiency, and economy." He said the reengineering effort continues to focus on three
areas: employees, costs and rates and a city-wide "springboard."
Mr. Massey said that with regard to employees, the city is working to reengineer the utilities
within the confines of the current compensation plan through the use of skill-based pay, more formal
in-house training, and additional pay to field staff for training. He said keys to long-term
improvements include a new compensation/classification plan and shift-differential pay.
In the second focus area of costs, Mr. Massey said that departmentally controlled costs are
only a portion of the total budget. For example, in the water department, other costs include fees and
charges, debt service, and water purchases. He said that if the water or wastewater departments were
privatized, only the departmentally controlled costs would be affected as follows: $18.1 million
(36%) for the water department and $12.7 million (48%) for the wastewater department. However,
with reengineering, the whole department budget is affected.
Mr. Massey said that factors impacting operation and maintenance (O&M) costs include
changes in demand, new regulatory requirements, and significant changes in input prices (such as
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Minutes - Regular Council Meeting
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Page 9
electricity). He said in order to effectively reengineer, staff needs to better define "base-line"
conditions and to track factors driving O&M costs. Mr. Massey said the most important tool to
manage and reduce O&M costs is a computerized maintenance management system (CMMS), which
will improve maintenance practices, planning and scheduling of work, performance measurement,
and cost tracking.
Regarding the third focus area, serving as a springboard, Mr. Massey said the water utility
reengineering lessons can be applied to other city departments. He said CMMS is an important tool
for the entire city as it will improve work practices and help control costs. Responding to Mayor
Neal, Mr. Massey said in order to implement CMMS, staff will need to select a fully integrated
software package and reengineer certain work practices. He said staff is determining what the cost
for that will be.
The Mayor also asked about optimum staffing levels. Mr. Ed Garaiia, Water Superintendent,
said that of the 195 authorized positions, 135 are currently filled. He said they are staffing the
department on base load conditions rather than peak conditions and, when necessary, they will
augment staffing levels with temporary employees. Mr. Foster Crowell, Wastewater Superintendent,
said the Wastewater Department's current staffing is 153 while they are authorized for 197. He said
since there are six treatment plants, they will not be able to lower that number much more until
SCADA and instrumentation are installed. He said since the city does not offer competitive salaries,
it is difficult to attract certified employees from the private sector.
City Manager Garcia said a new compensation and classification system would allow the city
to broaden the salary ranges and job classifications; staff plans to make a recommendation on this
issue in a few months. Mayor Neal encouraged staff to continue their efforts while keeping in mind
previous comments regarding the inability to live on minimum wage.
Council Member Garrett requested a comparison of utility costs from two years ago to today,
and Mr. Garaiia said staff will provide that information. Mr. Garrett also asked if a classification
study can be done internally. Mr. Garcia replied that staffhad initially considered contracting out that
study; however, they are looking at different options and will bring them back in the near future.
Council Member Colmenero asked whether CMMS or the compensation study would be
pursued first. Mr. Massey replied that they would like to implement both of them in similar time
frames. Mr. Garcia added that they are both key budgetary issues.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 5-18). City Secretary Chapa
noted that Items 10 and 15 were approved by the Council earlier in the meeting. Council members
requested that Item 14 be withheld for discussion. There were no comments from the audience. Mr.
Chapa polled the Council for their votes and the following were passed:
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Minutes - Regular Council Meeting
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Page 10
5. M2001-112
Motion approving the purchase of thirty-eight computers, two servers and two projectors
from Microtek Sales, Corpus Christi, Texas to be used by the Corpus Christi Public
Libraries, in accordance with the State of Texas Cooperative Purchasing Program for a total
of $90,072. Funds are available through the Telecommunication Infrastructure Fund (TIF)
Grant.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
6. M2001-113
Motion approving the purchase of a DTM for AS/400 (document generation tool) from
H.T.E., Lake Mary, Florida, based on sole source, to be used by the Utilities Business Office
for a total amount of $35,354. Funds are budgeted under the Utilities Business Office
operating budget, FYOO-O I.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
7.a. M2001-114
Motion authorizing the City Manager or his designee to execute a construction contract in
an amount not to exceed $215,525 with A. Ortiz Construction and Paving, Inc. for the Rolled
Curb and Gutter Replacement FY2000-01 Project.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
7.b. M2001-115
Motion authorizing the City Manager or his designee to execute an engineering/construction
management contract in an amount not to exceed $22,240 with Engineering and Construction
Management Services, Inc. for the Rolled Curb and Gutter Replacement FY2000-0 I Project.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
8. M2001-116
Motion authorizing the City Manager or his designee to execute Change Order Nos. 2 and
3 to increase the escrow amount with the Texas Department of Transportation in the amount
of$96,847.09 due to higher bid prices and the relocation of a proposed multiple box culvert
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Minutes - Regular Council Meeting
March 27, 2001
Page II
away from a historical landfill area as part of the McArdle Road Improvements, Phase 2
(Weber to Carroll Lane) construction contract in accordance with the Advanced Funding
Agreement.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, 1. Longoria, and Scott voting "Aye."
9. M2001-117
Motion authorizing the City Manager or his designee to execute Change Order No.7 with
Haas-Anderson Construction Company for a total fee not to exceed $108,800 for a total
restated fee not to exceed $4,790,675.09 for waterline rehabilitation.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
II. ORDINANCE NO. 024402
Ordinance authorizing the City Manager or his designee to consent to the sublease of a
certain portion of the premises (currently under lease to Signature Flight Support
Corporation) to Ocean Air Center, LLC, subject to the terms of the Master Lease with
Signature Flight Support Corporation.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper,
Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
12.a. M2001-118
Motion authorizing the City Manager or his designee to accept a grant of $1 ,000 from the
Texas Division of Emergency Management for television public service announcements
during the 2001 Hurricane Season.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
12.b. ORDINANCE NO. 024403
Ordinance appropriating $1,000 from the Texas Division of Emergency Management in the
No. 1050 Federal/State Grants Fund for television public service announcements during the
200 I Hurricane Season.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper,
Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
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Page 12
13. M2001-119
Motion authorizing the City Manager or his designee to execute a master lease purchase
agreement with Bane of America Leasing for a one-year term with a renewal option of one
year.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
16. ORDINANCE NO. 024406
Ordinance authorizing the City Manager or his designee to execute a five-year concession
services with Prince Catering at both the Oso Beach Municipal Golf Course and the Gabe
Lozano, Sr. Golf Center in consideration of Prince Catering paying 17% of monthly gross
sales or $2,500 per month, whichever is greater, at each facility.
The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
17. ORDINANCE NO. 024407
Ordinance authorizing the City Manager or his designee to execute a five-year lease
agreement with the Gulf Coast Gem and Mineral Society ("Lessee") at the Kiwanis
Recreation Center in consideration of lessee providing lapidary classes and workshop
programs {"Programs") to the public and payment to the City of 35% of all revenues
generated from these programs.
The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
18. ORDINANCE NO. 024408
Ordinance authorizing the City Manager or his designee to execute a ten-year lease with Oso
Pony Baseball League for the use of a portion of South Guth Park in consideration of Oso
Pony Baseball League maintaining the premises and improvements and operating a baseball
program.
The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 14, cable franchise renewal. Council Member
Kinnison asked City Manager Garcia to ensure that this issue is expeditiously concluded.
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March 27, 2001
Page 13
Responding to the Mayor, Mr. Garcia said that originally the parties initiated the informal
process for the cable franchise renewal. However, due to different circumstances, they are now
moving into the formal process, which is much more intensive legally.
In reply to Council Member Colmenero, Mr. Reining explained that the reference in the
agenda item to AT&T Broadband Cable Services is a description of motion M98-404 and not who
the current permittee is, which is Time Warner. Mr. Garcia added that Time Warner has a different
set of corporate policies and negotiating parameters and they are trying to maintain consistency
throughout their system. However, some of those issues were not in the city's agreement and that
has caused delays in the franchise renewal process. City Secretary Chapa polled the Council for their
votes as follows:
14. M2001-120
Motion amending Motion M98-404, as amended, which authorized a professional services
agreement with Adrian Herbst, Baller Herbst Law Group, P.c., to authorize legal services
in connection with the formal process of cable renewal for AT&T Broadband Cable Services,
not to exceed $52,800 for legal services in connection with the formal process, excepting
only services for matters that could not be anticipated.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 21, appropriation of the bond proceeds. Deputy City
Manager Noe said this is a companion item to last week's action in which the Council authorized
the issuance of the bonds. There were no comments from the audience. City Secretary Chapa polled
the Council for their votes as follows:
21. ORDINANCE NO. 024411
Ordinance appropriating $30,800,000 from the proceeds of the sale of the Corpus Christi
General Improvement and Refunding Bond, Series 2001 in the following funds and
authorizing any rebate and arbitrage that may be accrued during the term of the bond issue:
Fund 3358, "Public Health and Safety 2001 eIP Fund," in the amount of$5,330,000 for the
purpose of public health and safety improvements including Animal and Vector Control
Facility, Fire/Police Training Facility, improvements to the Fire Stations, construction of
Mustang Island Fire Substation, and Health Department major roof repairs;
Fund 3288, "Park and Recreation 2001 CIP Fund," in the amount of $4,424,000 for the
purpose of improvements to Park and Recreation facilities including renovation to four
senior and six recreation centers, youth outdoor sports facilities, renovation/development of
existing parks, and the H.E.B. Tennis Center Pavilion;
Fund 3261, "Museum 2001 CIP Fund," in the amount of $270,000 for the purpose of
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Page 14
improvements to the Corpus Christi Science and History Museum fire suppression and
heating air condition systems; and
Fund 3540, "Street 2001 CIP Fund," in the amount of $20,776,000 for the purpose of street
improvements, street resurfacing and relating improvements for various streets,
neighborhood street reconstruction, sidewalk accessibility improvements for the disabled,
traffic signal improvements at congested intersections with high accident rates, and the City's
share of cost participation in State Highway Department projects.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper,
Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Items 22-27, Bond 2000 projects. Mr. Escobar referred to
a time line to discuss in detail the schedule of the bond projects and he responded to Council
members' questions. He pointed out that all the projects include ADA improvements. The Mayor
said that about $20 million in construction work is being accomplished with about $11 million in
bond monies, which Mr. Noe and Mr. Cruz-Aedo explained. The Mayor added that of the utility
projects, about $5 million is for stormwater projects, which is currently supported by the water rates.
Mr. Longoria commended staff for acting quickly in initiating these projects. Mrs. Longoria
said the public needs to be made more aware of the successful implementation of these projects. She
commented favorably on the improvements to Horne Road and she asked about the set-aside monies
for art in public places. Mr. Tony Cisneros, Director of Park and Recreation, said staff will
recommend to the Council and committees that they exempt the overlay projects and street projects
from the set-aside requirement. Mr. Colmenero further asked about the Horne Road project. There
were no comments from the audience. City Secretary Chapa polled the Council for their votes:
22. M2001-121
Motion authorizing the City Manager or his designee to execute an engineering services
contract in the amount of $319,630 with Govind and Associates Inc. for the street
improvements at Horne Road from Ayers Street to Kostoryz Street.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, 1. Longoria, and Scott voting "Aye."
23. M2001-122
Motion authorizing the City Manager or his designee to execute an engineering services
contract in the amount of $459,300 with Bass and Welsh Engineering for neighborhood
street reconstruction at the following sites: Laguna Shores Road, Azores Road, Catcay Drive,
and Jamaica Drive.
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The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
24. M2001-123
Motion authorizing the City Manager or his designee to execute an engineering services
contract in the amount of $398,314 with Coym, Rehmet and Gutierrez Engineering Inc. for
neighborhood street reconstruction at the following sites: Woodlawn Drive, Birmingham
Street, Lyons Street, Brookdale Drive, Whiting Drive, and Annaville Road.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
25. M2001-124
Motion authorizing the City Manager or his designee to execute an engineering services
contract in the amount of $229,195 with Govind and Associates Inc. for the street
improvements at McArdle Road, Phase 3 from Everhart Road to Holmes Drive.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
26. M2001-l25
Motion authorizing the City Manager or his designee to execute an engineering services
contract in the amount of $95,485 with Naismith Engineering Inc. for the street
improvements at Cliff Maus Road, Phase lA, from FM665 to just south of Rockford Road
and guardrails/pedestrian bridges/school zones.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Mr. Kinnison asked if the funding for art in public places is a Council policy, and Mr. Garcia
replied that it is. Mr. Kinnison suggested revisiting that issue. Mr. Chapa polled the Council for their
votes on Item 27 as follows:
27. M2001-l26
Motion authorizing the City Manager or his designee to execute an engineering services
contract in the amount of $293,050 with Naismith Engineering Inc. for the street
improvements at Yorktown Boulevard from Lake Travis Drive to Weber Road.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, 1. Longoria, and Scott voting "Aye."
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Mayor Neal opened discussion on Item 29, fireworks display. There were no comments from
the audience. City Secretary Chapa polled the Council for their votes as follows:
29. ORDINANCE NO. 024414
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with Old Concrete Street, L TD, for the right to stage a fireworks display in
conjunction with a performance with the Corpus Christi Symphony Orchestra at the adjacent
Concrete Street Amphitheater; and establishing a fee of $460.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper,
Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal asked City Secretary Chapa to provide a report on the status of early voting for
the April 7, 2001 election. Mr. Chapa stated that as of March 26,2001, there were 5,733 voters and
at this same time in 1999 there were 2,968, which is a considerable increase. He said 40% of the
early vote came out of District 4 and half of those were from Precinct 40 on Padre Island.
The Mayor then called for the City Manager's report. Mr. Garcia reminded the Council about
the April3rd rededication of Wesley Seale Dam, and he said there will be ajoint meeting with the
Convention and Visitors Bureau on April 17th at noon. Mr. Garcia said the FY2001-02 budget
process has begun and staff has targeted May 22nd for the initial submission to the Council.
Mayor Neal said the Council received information regarding the $750 million in public and
private construction projects that are ongoing or being initiated. He then called for Council reports.
Mr. Garrett asked how long the parking lot near Harbor Playhouse will be tom up. Mr. Garcia
said staff will provide a report. Mr. Garrett also reported several problems with the escalator at the
convention center. Dr. Gonzales asked about a clean-up program scheduled for April 7th. Mayor
Neal said it is the "Don't Mess with Texas Trash-Off'which is a state-sponsored event in which local
organizations participate. Dr. Gonzales said April 7th is also Election Day and he urged people to
go out and vote.
Mr. Colmenero reported traffic concerns at the intersection of Del Mar and Brownlee. He
also referred to a letter from Goodwill Industries which he forwarded to Mr. Garcia. Mrs. Longoria
thanked stafffor quickly addressing a concern at the airport.
Mayor Neal asked staff to inform the Council about volunteer Adopt-a-Park activities when
thcy occur. Therc being no further business to come before the Council. J\fayor ";ea! adjourned the
Council meeting at 6:20 p.m. on March 27, 2001.
* * * * * * * * * * * * *
,
.
2
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CITY OF CORPUS CHRISTI
CITY SECRETARY
TO:
Mayor Neal and Council Members
FROM:
Armando Chapa, City Secretary
DATE:
April 6, 2001
SUBJECT: Ordinance Canvassing and Declaring Results of the April 7, 2001 General
Election and Calling a Runoff Election for April 21,2001, If Necessary
Attached are two draft ordinances. (Final ordinances will be given to you on Tuesday at
the City Council meeting.) The first ordinance is to canvass and declare the results of the
April 7, 2001 election. In order to canvass the results, the City Council must compare
results provided to the Mayor by the precinct election judges to the tabulation reports
provided. The Council has the option to review all precincts or randomly select a few.
Upon determination that the results are accurate, the Council must approve this ordinance.
The second ordinance is to call a Runoff Election for April 21,2001, if necessary. Early
voting is tentatively scheduled for April 16 and 17,2001. Actual sites for branch and
mobile voting will be recommended based on races involved in the Runoff Election.
~
Armando Chapa
City Secretary
DRAFT
AN ORDINANCE
CANVASSING RETURNS AND DECLARING THE RESULTS OF THE
GENERAL ELECTION HELD ON APRIL 7, 2001, IN THE CITY OF
CORPUS CHRISTI, FOR THE PURPOSE OF ELECTING THE MAYOR,
AND COUNCIL MEMBERS, AND FOR THE BALLOT MEASURE TO
REPEAL ORDINANCE NO. 024270; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Corpus Christi ordered and called a
General Election for the election of Mayor, eight Council Members, and for the ballot
measure to repeal Ordinance No. 024270.
WHEREAS, notice of said election was given as required by law;
WHEREAS, said election was duly held on the 7th day of April, 2001, in conformity
with the election laws of the State of Texas, and the results of said election have been
certified and returned by the judges and clerks thereof; and
WHEREAS, this Council has today canvassed the returns of said election; and
WHEREAS, the Council finds that the said election was in all respects lawfully held
and that the City Secretary's tally and certification of results to the Council are correct:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The tally of votes cast in the regular election held on the 7th day of
April, 2001 for Mayor, and Council Members, and for the ballot measure to repeal
Ordinance No. 024270 be made and certified to by the City Secretary of the City of Corpus
Christi, a copy of which is attached hereto and made a part hereof, and the same is hereby
adopted as the official tabulation of the votes cast at said election, for each candidate and
the proposition in each precinct and in sum, and that said tabulation be filed and recorded
in the official records of the City of Corpus Christi as the official canvass of said election.
SECTION 2. The results of such canvass are declared to be:
That the following were duly elected:
Mayor
Council Member, District One
Council Member, District Two
Council Member, District Three
Council Member, District Four
Council Member, District Five
Council Member, At Large
~ ..
Council Member, At Large
Council Member, At Large
Proposition
Yes
No
That none of the candidates for the following offices, received the required number
of votes cast in said election thereby creating a necessity for a runoff election in
accordance within the Charter of the City of Corpus Christi.
That the candidates who received the highest and second highest number of votes
in the main election are hereby certified for placement in a runoff election as follows:
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
judgement of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, work, 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. The necessity of making an official canvass of votes and declaring the
results thereof immediately in order to meet the requirements of State Law and the City
Charter creates a public emergency requiring the suspension of the Charter rule that no
ordinance shall be passed finally on the date of its introduction but that such ordinance
shall be read at two regular meetings of the City Council, and the Mayor having declared
that such emergency exists, having requested the suspension of the Charter rule that this
ordinance be passed finally on the date of its introduction and take effect and be in full
force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the
_ day of April, 2001.
" .
ATTEST:
City Secretary
APPROVED DAY OF APRIL, 2001
JAMES R. BRAY, JR., CITY ATTORNEY
By
.
. .
MAYOR
THE CITY OF CORPUS CHRISTI
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings; IlWe, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced, or at the present
meeting of the City Council
Respectfully,
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
.'
DRAFT
AN ORDINANCE
ORDERING A RUNOFF ELECTION TO BE HELD ON APRIL 21,2001, IN
THE CITY OF CORPUS CHRISTI FOR THE ELECTION OF
AND ; DESIGNATING
POLLING PLACE LOCATIONS; ENACTING PROVISIONS INCIDENT AND
RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE;
AND DECLARING AN EMERGENCY.
WHEREAS, the regular City election for Mayor, eight (8) Council Members and the
ballot measure to repeal Ordinance No. 024270 was held in the City of Corpus Christi, on
April 7, 2001, in accordance with law; and
WHEREAS, the official canvass of said election reveals that none of the candidates
for the offices of and received the
number of votes required for election; and
WHEREAS, Article II, Section 3, of the City Charter sets the runoff election for the
second Saturday following the regular election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A runoff election for the offices of , and
in the City of Corpus Christi shall be held April 21, 2001,
with the names of the following candidates for the respective office(s) as follows:
SECTION 2. That at said election herein ordered, all the qualified voters of the City
of Corpus Christi eligible to vote in the runoff election shall be permitted to vote.
SECTION 3. The names of candidates for said office shall be placed on said ballot
in the manner and form prescribed by law.
SECTION 4. Precinct ballot counters shall be employed at the election in
accordance with the Texas Election Code and the Election shall be held at the polling
places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on
Attachment A hereto incorporated by reference and made part of this ordinance. The
.......
Election shall be held in accordance with the election laws of the State of Texas. The polls
shall be open from 7:00 a.m. to 7:00 p.m. on the day of the Election. Testing of the
precinct ballot counting equipment shall be conducted as prescribed by the Secretary of
State's directive "Alternate Method of Testing Precinct Ballot Equipment".
SECTION 5. The City Secretary shall conduct the Election as directed by ordinance
of the City Council and by law.
SECTION 6. Paper ballots and precinct ballot counters shall be used for the
conduct of the Election on election day and for early voting. Early voting in person at each
of the temporary branch polling places shall be conducted from 8:00 a.m. to 5:00 p.m.,
Monday and Tuesday, on April 16 and 17, 2001, contingent upon the receipt and disbursal
of ballots. Such early voting in person may be conducted at the main early voting polling
place located in the lobby of City Hall, in the Collections Section, 1201 Leopard. Other
branch and mobile voting locations will be recommended based on races involved in the
runoff election.
In addition, early voting in person may be conducted at the mobile temporary branch
polling places set forth in the attached Exhibit B, determined by the City Secretary
dependent upon those precincts involved in the Runoff Election. The City Secretary is
authorized to adjust the mobile temporary branch polling place schedule as required.
Each branch polling place and the main early polling place shall serve all election
precincts.
SECTION 7. The City Secretary is directed to post and publish such election notices
as are required by the Election laws of the State of Texas. The City Secretary is further
appointed as the authority and officer responsible for the conduct of said election and is
hereby authorized and directed to make all necessary arrangements for the holding of said
election in accordance with and subject to the laws of this State including but not limited
to contracting with Nueces County for the use of tabulation equipment, supplies and
printing of ballots.
SECTION 8. By approving and signing this ordinance, the Mayor officially confirms
as his action ail matters recited in this ordinance which by law come within his jurisdiction.
SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance shall be held invalid or unconstitutional by final
judgement of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, work, 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 10. The fact that it is necessary and essential that the governing body
of the City of Corpus Christi order elections pertaining to municipal affairs, that the notice
"
of such election should be promptly posted and published, that a runoff City election shall
be held on the second Saturday following the regularly scheduled election, and that the
requirements of the Voting Rights Act of 1965 may be timely met, and immediate action
is necessary for the efficient and effective administration of the city's affairs, creates a
public emergency and an imperative public necessity requiring the suspension of the
charter rule that no ordinance shall be passed finally on the date of its introduction but that
such ordinance shall be read at two meetings of the City Council, and the Mayor, having
declared that such emergency and necessity exist, having required the suspension of the
Charter rule and that this ordinance be passed finally on the date of its introduction and
take effect and be in full force and effect from and after its passage, the Council hereby
finds that such emergency and necessity do exist, and IT IS ACCORDINGLY SO
ORDAINED, this the _ day of April, 2001.
ATTEST:
City Secretary
MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED:
Day of April, 1999
JAMES R. BRAY, CITY ATTORNEY
City Attorney
"
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings; I/We, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced, or at the present
meeting of the City Council.
Respectfully,
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
.'
3
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AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement for approximately 5,000 tons of
50% caustic soda with Formosa Plastics Corp. USA, Livingston. N. J., based on low bid, in
accordance with Bid Invitation No. BI-0093-01 for an estimated annual expenditure of $880,000.
The term of the contract will be twelve months with option to extend for up to two additional
twelve-month periods, subject to the approval of the contractor and the City Manager, or his
designee. Funds have been budgeted by the Water Department in FY 00-01.
...............................................................................
BACKGROUND:
Purpose:
This caustic soda is used to adjust the pH level of the blended
Nueces River - Lake Texana treated water to acceptable levels.
The Lake Texana water has a lower pH than the Nueces River
water and must be adjusted accordingly.
Previous Contract:
The option to extend the previous contract was not exercised, due
to the vendor's inability to maintain contract pricing.
Bid Invitations issued:
twenty-six
Bids Received:
Five
Price Analysis:
When compared to previous contract, pricing has increased from
$121.90 to $176.00 per ton. The increase is due to a high demand
for caustic soda. According to the Producer's Price Index, pricing
is increasing. The current market trend is for pricing to continue to
increase.
Award Basis:
Low Bid
Funding:
Activitv Name Organization Number
Amount
Water
520010-4010-31010
$900,000
~
.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
BID INVITATION NO. BI-0093-01
50% LIQUID CAUSTIC SODA
BUYER: ESTHER C. BARRERA
TOTAL
ITEM VENDOR QTY UNIT PERfTON GRAND TOTAL
FORMOSA PLASTIC CORP 5000 TON $176.00 $880,000.00
POINT COMFORT, TX
2 VAN WATERS & ROGERS 5000 TON 188.00 940,000.00
CORPUS CHRISTI, TX.
3 VALLEY SOLVENTS & 5000 TON 199.00 995,000.00
CHEMICALS
CORPUS CHRISTI, TX
4 DPC INDUSTRIES, INC. 5000 TON 192.29 961,450.00
CORPUS CHRISTI, TX.
5 ALTIVA CORPORATION 5000 TON 204.75 1,023,750.00
HOUSTON, TX.
, .
4
"
AGENDA MEMORANDUM
RECOMMEDA nON: Motion approving the purchase of a mobile water injection system from
Robstown Hardware Co., Robstown, Texas, based on sole source, for a total amount of $24,700.
The mobile water injection system will be used by the Solid Waste Department. Funds are
available from the Council of Governments Grant # 00-20-GI2.
************************************************************************
BACKGROUND:
Purpose:
The equipment will be used to enhance the brush grinding I composting
operations at the Elliot Landfill. By spaying water on the composted
windrows (hot composting), the decomposition process is accelerated and the
end product is improved upon. The equipment is purchased though the
Coastal Bend Council of Government's (COG) grant program targeted at
reducing/recycling waste at the landfill.
Award Basis:
Sole source. The mobile water injection system is completely self-sufficient
and does not require any special accommodations to operate it. It is
configured to be towed by any vehicle capable of pulling its weight. The
equipment has an adjustable rack, independent hydraulic system, independent
hydraulically controlled sprayer arms, remote control system and a self
stabilizing suspension system that is required for the rugged conditions at the
landfill. The Hardi Navigator 1000 is the only self-contained water injection
system that contains all of these features. Robstown Hardware Company is
the sole source distributor of Hardi equipment in Nueces County.
Funding:
Council of Governments Grant # 00-20-G 12.
550020-1050-806085
$32,226
T
5
AGENDA MEMORANDUM
DATE: April 3, 2001
SUBJECT: Nueces Acres Lift Station (Project No. 7170)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a construction contract
with Reese Contracting, Inc. for a total fee not to exceed $221,450 for the Nueces Acres
Lift Station.
ISSUE: Recent failure of the fiberglass wet well prompted an investigation into the existing
facility, Results determined the most cost-effective solution was replacement of the current
facility with a completely new station.
FUNDING: Funds for this project are available in the FY 2000-01 Wastewater CIP.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~./;C:- ~y~~/C' (
rtlp... 'Angel R. Escobar, P. E., I I
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tab Summary
Exhibit "D" Location Map
Nuec.. Acre. Lift Station
P.gelofl
H:\HOME\L YNDAS\GENIWASTEWATER\7170 NUECES ACRES UFT STATION\MEMO.DOC
1
. .
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Nueces Acres Lift Station (Project No. 7170)
PRIOR COUNCIL ACTION:
1. Auqust 22. 2000 - Approval of the FY 2000-01 Capital Improvement Budget
(Ordinance No. 024162).
PRIOR ADMINISTRATIVE ACTION:
1. Seotember 1. 2000 - Small Agreement for Engineering Consultant Services with
Coym, Rehmet & Gutierrez Engineering, Inc. for a total fee not to exceed $14,975
for professional engineering services related to subject project.
FUTURE COUNCIL ACTION: None
PROJECT BACKGROUND: The Nueces Acres Lift Station recently experienced a
complete failure of the fiberglass wet well due to soil subsidence. To allow for continued
operations of the facility Wastewater Department crews installed an emergency by-pass
around the wet well as a temporary measure. A subsequent investigation of the Nueces
Acres Lift Station has revealed the cost-effective method of repair is complete replacement
of the facility with a new station. Due to the extensive construction required to repair the
wet well and obsolescent conditions of the existing equipment, a new facility complete with
pumps sized to accommodate future growth is recommended.
PROJECT DESCRIPTION: This project consists of demolition of the existing lift station,
site work; new fiberglass reinforced wet well; lift station pumps, valves and piping; 10-inch
gravity sewer with 5-foot diameter manholes; and electrical and control wiring.
BID INFORMATION: This project consists exclusively of a base bid. The City received
proposals from nine (9) bidders on March 28, 2001.
The bid range was from $221,450.00 to $ 368,677 .00
Reese Contracting, Inc. was the lowest responsive bidder. The Consultant Engineer's
estimate is $278,000.00. The City's Consultant, Coym, Rehmet & Gutierrez Engineering,
Inc. and city staff, recommend that based on past satisfactory experience a contract be
awarded in the amount of $221 ,450.00 to Reese Contracting Inc.
H:\HOME\LYNOASIGEN\WASTEWATERI7170 NUECES ACRES LIFT STATlON\8ACKGROUND.OOC
EXHIBIT "A"
Page 1 of 2
1
CONTRACT TERMS: The contract specifies that the project will be completed in 180
calendar days, with completion anticipated by early November 2001.
FUNDING: Funds for this project are available in the Wastewater Capital Improvement
Budget Commercial Paper Program.
FINAL PRODUCT: This product will result in a completely new lift station designed to
accommodate future growth in the service area.
EXHIBIT "A"
Page 2 of 2
H;\HOME\LYNDAS\GEMWASTEWATER\7170 NUECES ACRES LIFT STATION\BACKGROUND.OOC
1
NUECES ACRES LIFT STATION
Project No. 7170
Project Budget
April 3, 2001
FUNDS AVAILABLE:
FY 2000-2001 Wastewater CIP 1550910-4500-00000-150355)...................... $270,028.00
FUNDS REQUIRED:
Construction (estimate)....................................................................................
Contingencies (10%)...... ......................................... .... .... ...... ............ .... ..... ......
Consultant (Coym, Rehmet, Gutierrez).......... .... ............ ...... ................. .... .......
Major Projects Activity. .... .... ... ............. ............. .... .... .... .... ....... .... ....... .... ..... .....
Construction Inspection Activity...... ............ .... .... .... ..... .... ..... ...... .... ... .... ..... .....
Testing (Rock Engineering & Testing Laboratory, Inc.)...................................
Printing.............................................................................................................
Advertising...................................................................................................... .
Total.................................................................................................................
$221,450.00
22,145.00
14,975.00
4,429.00
4,429.00
1,600.00
500.00
500.00
$270,028.00
EXHIBIT B
Page 1 of 1
H:\HOME\l YNDAS\GEN\WASTEW~1\7170_N-1\BUOGET ,WB2
. .
TABULATED BY: J. Don Rehmet, P.E., R.P.L.S.
DATE: Wednesday, March 28, 2001
NUECES ACRES LIFT STATION
PROJECT NO. 7170
DESCRIPTION
1. Base Bid, New Lift Station and
Demolition of Existing Station including
piping, valves, equipment, structures,
foundations, sanitary sewer, electrical,
controls and sitework.
2. Dewatering Facilities, if required, for
Lift Station and Sanitary Sewer
construction. This item will not apply to
minor dewatering normally associated
with construction.
TOTAL BASE BID
COYM, REHMET & GUTIERREZ ENGINEERING, INC.
Reese Contracting, Inc.
P.O. Box 8352
Corpus Christi, TX 78468
ENGINEERS ESTIMATE: $278,000.00
Page 1 of 3
TIME OF COMPLETION: 180 Calendar Days
R.S. Black Civil
Engineers & Contractors
P.O. Box 6385
Corpus Christi, TX 78466
King -Isles, Inc.
1641 Goldston
Corpus Christi, TX 78409
QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
1 L.S. $221,449.00 $221,449.00 $247,300.00 $247,300.00 $247,715.00 $247,715.00
1 L.S. $1.00 $1.00 $0.00 $0.00 $35.00 $35.00
$221,450.00 $247,300.00 $247,750.00
EXHIBIT C
Page 1 of 3
TABULATED BY: J. Don Rehmet, P.E., R.P.L.S.
DATE: Wednesday, March 28, 2001
NUECES ACRES LIFT STATION
PROJECT NO. 7170
DESCRIPTION
1. Base Bid, New Lift Station and
Demolition of Existing Station including
piping, valves, equipment, structures,
foundations, sanitary sewer, electrical,
controls and sitework.
2. Dewatering Facilities, if required, for
Lift Station and Sanitary Sewer
construction. This item will not apply to
minor dewatering normally associated
with construction.
TOTAL BASE BID
COYM, REHMET & GUTIERREZ ENGINEERING, INC.
BMW Engineering, Inc.
410 S. Enterprize Pkwy
Corpus Christi, TX 78405
ENGINEERS ESTIMATE: $278,000.00
Page 2 of 3
TIME OF COMPLETION: 180 Calendar Days
W.T. Young Construction
Company
P.O. Box 9197
Corpus Christi, TX 78469
APCCO
455 Hereford Road
Corpus Christi, TX 78408
QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
1 L.S. $248,618.00 $248,618.00 $248,600.00 $248,600.00 $265,000.00 $265,000.00
1 L.S. $3,600.00 $3,600.00 $22,000.00 $22,000.00
$252,218.00
$270,600.00
$8,750.00 $8,750.00
$273,750.00
EXHIBIT C
Page 2 of 3
TABULATED BY: J. Don Rehmet, P.E., R.P.L.S.
DATE: Wednesday, March 28, 2001
NUECES ACRES LIFT STATION
PROJECT NO. 7170
DESCRIPTION
1. Base Bid, New Lift Station and
Demolition of Existing Station including
piping, valves, equipment, structures,
foundations, sanitary sewer, electrical,
controls and sitework.
2. Dewatering Facilities, if required, for
Lift Station and Sanitary Sewer
construction. This item will not apply to
minor dewatering normally associated
with construction.
TOTAL BASE BID
COYM, REHMET & GUTIERREZ ENGINEERING, INC.
Bracco Construction Co.
P.O. Box 7067
Corpus Christi, TX 78467
ENGINEERS ESTIMATE: $278,000.00
Page 3 of 3
TIME OF COMPLETION: 180 Calendar Days
Pate & Pate Enterprises
Inc.
300 Valleywood
The Woodlands, TX 77380
Columbia Contracting, Inc.
P.O. Box 200709
San Antonio, TX 78220
QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
1 L.S. $281,036.00 $281,036.00 $339,000.00 $339,000.00 $333,477.00 $333,477.00
1 L.S. $14,640.00 $14,640.00
$295,676.00
$5,000.00 $5,000.00 $35,200.00 $35,200.00
$368,677.00
EXHIBIT C
Page 3 of 3
File: \Mproject\councilexhibits\exh7170.dwg
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PROJECT No. 7170
EXHIBIT "0"
Nueces Acres
Li ft Station
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 4 02 2001
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CITY OF CORPUS CHRISTI, TEXAS
-.'..'.,.
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6
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CITY COUNCIL
AGENDA MEMORANDUM
2001
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to issue a Request for
Proposal for a natural gas supply contract.
ISSUE: The current natural gas supply contract will expire on July 1, 2001 at 9:00 a.m.
REQUIRED COUNCIL ACTION: Council approval is requested when issuing a Request for
Proposal.
PREVIOUS COUNCIL ACTION: Approval of a supply agreement for natural gas by passage
of Motion M99-157.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Deborah A. Marroquin, P. E.
Gas Superintendent
~~
Ronald F. Massey
ACM, Public Works/Utilities
.
." ..
BACKGROUND INFORMATION
The City of Corpus Christi is requesting proposals for a natural gas supply to commence on
July 1, 2001. The term of the contract shall be for a minimum of twenty-four (24) months
ending July 1, 2003, with the option to extend for up to three additional twelve month periods.
In addition, proposals will be considered for a sixty (60) month period ending July, 2006.
Options are subject to the approval of the Seller and the City Manager, or his designee. The
City is requesting competitive sealed proposals for a firm supply of natural gas of 100% of the
City's total requirements on a daily basis through a single supplier, but will consider proposals
to serve specific distribution systems. However, proposals limited to specific distribution
systems will only be considered if other acceptable suppliers have submitted proposals that will
ensure service to the remaining distribution system.
For several years prior to 1994, the Gas Department purchased 50% of its daily natural gas
requirements from Valero Transmission, L.P. under a long term commitment, and 50% at more
favorable spot market rates from Valero's subsidiary, Reata Industrial Gas, L.P. During 1~93, _
the annual weighted average price of natural gas from Valero was $4.88/MCF whilEr" the
average price from Reata was $2.81/MCF. Thus, the combined average price for the year was
$3.84/MCF. By amendment to the Gas Department's natural gas supply contract with Valero in
December, 1993, the City began purchasing 100% spot market priced natural gas on January
1,1994.
Major provisions contemplated by the new contract include the following:
Firm Supply
>> The City of Corpus Christi-Gas Department has always made it a
point to provide the City with sufficient gas supplies without
interruptions or curtailments. Such security may come at
additional cost, but the City's distribution system has an obligation
to secure dependable supplies and responsible deliverability to its
customers.
Single/Multiple Supplier>> The proposal is structured so a single supplier can bid on 100% of
the City's daily natural gas requirements. The natural gas
distribution system has been divided into five (5) separate
systems allowing up to five suppliers to bid. However, these
multiple suppliers must constitute 100% of the City's daily natural
gas requirements. In addition, transportation of natural gas into
the City's system will be the responsibility of the seller.
Price
>> The Gas Department has found it advantageous to establish gas
purchase price as a function of a recognized industry index. The
index selected is the Houston Ship Channel Index. Bidders
should propose a base gas price which will be adjusted monthly
according to changes in the index. In addition to the above
pricing structure, alternative pricing options will be considered.
It is recommended that the bid packages be advertised during the weeks of April 14'h and 2151,
2001.
.
. ,~'.
BACKGROUND INFORMATION
The City of Corpus Christi is requesting proposals for a natural gas supply to commence on
July 1, 2001. The term of the contract shall be for a minimum of twenty-four (24) months
ending July 1, 2003, with the option to extend for up to three additional twelve month periods.
In addition, proposals will be considered for a sixty (60) month period ending July, 2006.
Options are subject to the approval of the Seller and the City Manager, or his designee. The
City is requesting competitive sealed proposals for a firm supply of natural gas of 100% of the
City's total requirements on a daily basis through a single supplier, but will consider proposals
to serve specific distribution systems. However, proposals limited to specific distribution
systems will only be considered if other acceptable suppliers have submitted proposals that will
ensure service to the remaining distribution system.
For severai years prior to 1994, the Gas Department purchased 50% of its daily natural gas
requirements from Valero Transmission, L.P. under a long term commitment, and 50% at more
favorable spot market rates from Valero's subsidiary, Reata Industrial Gas, L.P. During 1993,
the annual weighted average price of natural gas from Valero was $4.88/MCF while the
average price from Reata was $2.81/MCF. Thus, the combined average price for the year was
$3.84/MCF. By amendment to the Gas Department's natural gas supply contract with Valero in
December, 1993, the City began purchasing 100% spot market priced natural gas on January
1,1994.
Major provisions contemplated by the new contract include the following:
Firm Supply
>> The City of Corpus Christi-Gas Department has always made it a
point to provide the City with sufficient gas supplies without
interruptions or curtailments. Such security may come at
additional cost, but the City's distribution system has an obligation
to secure dependable supplies and responsible deliverability to its
customers.
Single/Multiple Supplier>> The proposal is structured so a single supplier can bid on 100% of
the City's daily natural gas requirements. The natural gas
distribution system has been divided into five (5) separate
systems allowing up to five suppliers to bid. However, these
multiple suppliers must constitute 100% of the City's daily natural
gas requirements. In addition, transportation of natural gas into
the City's system will be the responsibility of the seller.
Price
>> The Gas Department has found it advantageous to establish gas
purchase price as a function of a recognized industry index. The
index selected is the Houston Ship Channel Index. Bidders
should propose a base gas price which will be adjusted monthly
according to changes in the index. In addition to the above
pricing structure, aiternative pricing options will be considered.
It is recommended that the bid packages be advertised during the weeks of April 14'h and 21s',
2001.
.
,'"
7
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CITY COUNCIL
AGENDA MEMORANDUM
2001
AGENDA ITEM:
a. Resolution authorizing the City Manager, or the City Manager's designee, to
submit a grant application to the Comptroller of Public Accounts, State Energy
Conservation Office in the amount of $33,500 for the City of Corpus Christi's
Clean Cities Coordinator Program.
b. Motion authorizing the City Manager, or the City Manager's designee, to
execute a contract in the amount of $33,500 with the State Energy
Conservation Office that will fund a Clean Cities Coordinator Program and pay
expenses relating to the City's Clean Cities Alternative Fuels Initiatives.
c. Ordinance appropriating $33,500 from the Comptroller of Public Accounts,
State Energy Conservation Office in the No. 1050 Federal/State Grants Fund
for the City of Corpus Christi's Clean Cities Coordinator Program; and declaring
an ernergency.
ISSUE:
The City of Corpus Christi-Gas Department, through its Marketing Staff, will
promote the Clean Cities initiatives by introducing and expanding the use of
alternative fuels. The funding, up to $33,500, will be reimbursed through a grant
from the State Energy Conservation Office (SECO).
REQUIRED COUNCIL ACTION: Council approval is required to authorize the City
Manager to submit a grant application to the Comptroller of Public Accounts, State
Energy Conservation Office. Council approval is also required to authorize the City
Manager to contract with SECO for a grant to adrninister and facilitate the Clean
Cities Coordinator Program. Council action is also required to appropriate funds
from the grant for the Clean Cities Alternative Fuels Program.
PREVIOUS COUNCIL ACTION: Approval of a grant for $50,000 to promote the Clean Cities
Alternative Fuels Initiative by passage of Ordinance No. 022852.
RECOMMENDATION: Staff recommends the approval of the resolution, motion and ordinance
as presented.
Deborah A. Marroquin, P.
Gas Superintendent
~~~,
Ronald F. Massey
ACM, Public Works/Utilities
-
BACKGROUND INFORMATION
The Clean Cities Alternative Fuels Prograrn is a locally-based government/industry partnership,
coordinated by the United States Department of Energy through SECO in the State of Texas.
The program objective is to acceierate the introduction of and expansion of the use of
alternative fuels and alternative fuel vehicles by the public and private industry.
Clean Cities is a voluntary program which encourages a public/private partnership to
accomplish its objectives. In addition to meeting the local goals of the cities throughout the
nation, the Clean Cities activities have been designed to fulfill the requirements of legislative
and executive directives: Executive Order 12844, Federal Use of Alternative Fueled Vehicles,
1993; Energy Policy Act of 1992; Executive Order 12759, Federal Energy Management, 1991;
Clean Air Act Amendment of 1990; and Alternative Motor Fuel Act of 1988.
The SECO grant will reimburse the City for its expense in administering a Clean Cities
Coordinator Program. Clean Cities initiatives wili be managed by the City of Corpus Christi-Gas
Department Marketing Staff who will promote the development of program strategies for future
alternative fuel initiatives. Objectives include development of the alternative fuels market, clean
air strategies, educational programs and fleet conversion to alternative fueis.
" .
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE
COMPTROLLER OF PUBLIC ACCOUNTS, STATE ENERGY
CONSERVATION OFFICE IN THE AMOUNT OF $33,500 FOR THE CITY
OF CORPUS CHRISTI'S CLEAN CITIES COORDINATOR PROGRAM
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to
submit a grant application to the Comptroller of Public Accounts, State Energy
Conservation Office in the amount of $33,500 for the City of Corpus Christi's Clean
Cities Coordinator Program, as described in Attachment A, which is incorporated and
made part of this resolution.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
APPROVED: 4th day of April, 2001.
James R. Bray Jr.
City Attorney
By: ~~ ~
R. J~ ining
First Assistant City Attorney
R1120281.wpd
ORDINANCE
APPROPRIATING $33,500 FROM THE COMPTROLLER OF PUBLIC
ACCOUNTS, STATE ENERGY CONSERVATION OFFICE IN THE NO.
1050 FEDERAUSTATE GRANTS FUND FOR THE CITY OF CORPUS
CHRISTI'S CLEAN CITIES COORDINATOR PROGRAM; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $33,500 from the Comptroller of Public Accounts, State Energy
Conservation Office is appropriated in the NO.1 050 Federal/State Grants Fund for the
City of Corpus Christi's Clean Cities Coordinator Program.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and votin9 upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
,2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Armando Chapa
City Secretary
APPROVED: This 4th day of April, 2001:
James R. Bray, City Attorney
By: ~-7 /'7-7
R. Ja Inin9
. . Firs Assistant City Attorney
R11202A1.wpd
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AGENDA MEMORANDUM
April 2, 2001
SUBJECT: Acceptance and appropriation of the Retired and Senior Volunteer Program Federal
Grant Renewal for FY 2001/2002.
AGENDA ITEM:
Item A: Motion authorizing the City Manager, or his designee, to accept a grant in the amount of
$50,772 and execute a contract with the Corporation for National Service for the continuation of the
Retired and Senior Volunteer Program.
Item B: Ordinance appropriating $50,772 grant from the Corporation for National Service in the No.
1050 State and Federal Grants Fund for the continuation of the Retired and Senior Volunteer
Program.
ISSUE: Funding has been made available through the Corporation for National Service grants. This
grant will provide enhanced funding to continue the Retired and Senior Volunteer Program. These
funds must be formally accepted and appropriated by the City Council. The fund authorization will be
for the period April 1 , 2001 through March 31, 2002.
BACKGROUND:
The Retired and Senior Volunteer Proaram has proven to be exceptionally beneficial to both the
senior citizens and various public and private agencies. RSVP volunteers are individuals 55 years or
older who utilize their talents and experience to serve the needs of the community. During the past
grant period over 700 enrolled volunteers contributed over 10,000 hours monthly with 118 non-profit
agencies, health care proprietaries and governmental units, these include the City of Corpus Christi,
local hospitals, nursing homes, the American Red Cross, Texas State Aquarium, Nueces County
Juvenile Justice Center and local school districts. During the FY 00-01 grant period 115,000 hours
were contributed to the community. Over 350 RSVP volunteers worked in various City departments
such as Police, Library, and Park and Recreation, resulting in an annual value of over $555,000
provided to the City of Corpus Christi.
The Corporation for National Service provides funding to each Retired and Senior Volunteer Program
across the state. The City will receive a total award of $50,772 in Federal funds which will require
matching City funds. The matching City funds are appropriated in the current years budget.
Council Action Reauired:
The grant awards must be appropriated by the City Council.
Recommendation:
The Staff recommends that the City Council approve authorization to execute contracts with The
Corporation for National Service and appropriate the $50,772 in grant funds for the Retired and
Senior Volunteer Program.
~
~~tJ ~ C~
Marco A. Cisneros, Director
Park & Recreation Department
Additional SuPport Materials
Background Information X
Contract Summary X
Ordinance X
H;\PR-D1R\SHARED\SCS\COUNCIL\O I 02\AGNDRSVP.O I
03/03/0109:12 AM
Corporation for National Service Page 1 of 1
Notice of Grant Award - Federal Funding Certification
Grant Number
Amendment Number
GM
440W066-18
o
Grantee ID
Amendment Date
1746CXXl574 A4
Mar 03, 2001
Grantee Address
CITY OF CORPUS CHRISTI
1201 LEOPARD
CORPUS CHRISTI, TX 75401
Issued By
Program Manager
Southwest Service Center-eNS
1999 Bryan St; Ste 2OSO
No Administration Office address to report
DALLAS, TX 75201
Accounting Information
Une CFDA Program Nome
Funding Citation
94.002 Retired Senior Volunteer Program
2OO1-....DVSA-61413-P74-4101
Begin Date
End Date
Increment Amount
ll3/31J2002
$5O,m.oo
$5O,m.oo
Total Amount
04IJ112OO1
Total Funding:
$5O,m.oo
$50, m.oo
Grants Management Official
3h/o'
/
Date
-
Supplemental Budget Document
Donunent Number
Type orGnnt
G........Type
Fed NonCorp Funds
AppU..... Non-Co'1' Funds
StIde Non-Corp Funds
Local NOD-COrp Funds
Other Non-Corp Funds
CNS Volunteer Support Expenses
Non-Fed Volunteer Support EJ:penses
EIuuVohmteerSupportE~emn
CNS Volunteer Expensel
Non-Fed. Volunteer Expemes
Ruess Volunteer Expenses
CNSStl........
N...-Fed StIpends
ExcelS StIpends
Fed Stipend VSY
Non-Fed Stipend VSY
Fed. Non-StIpend Vo"
Non-Fed Non-StIpend_Vole
Project D1red:or's Salary
Project DIredon Pereent 1bne
Initial Grant
Sum Amendments
4<<l\IVll!6-1 e
5-Augmentation
N-Prlvate Nonprofrt Organization
$0.00
$66,190.00
$18,115.00
$0.00
$0.00
$43,825.00
$63,015.00
$10,673.00
$7,147.00
$3,175.00
$7,442.00
$0.00
$0.00
$0.00
o
o
o
o
$26,624.00
100
Saturday, March 03, 2001
Totals
Notice Of Grant Award
Grant Number - 440W086-18
Type of Grant - 5-Augmentation
Terms and Conditions
The ProgramlProject Manager for this grant is listed on the face page of the Notice of
Grant Award. The Program/Project Manager has full authority to represent the
Corporation in connection with management of the technical and programmatic
performance of the grant. They are not authorized to change the terms and
conditions, estimated costs, or period of performance, or to give approvals, written or
verbal, specifically reserved for the grants officer.
Grantees not paid through HHS/PMS will request Federal funds using a Standard
Form 270, "Request for Advance or Reimbursement", submitting a single original
signed copy to the Service Center.
Grantees will report quarterly expenditures on Standard Form 269A "Financial Status
Report", by submitting a single original signed form to the Service Center within 30
days of the end of each fiscal quarter (March 31, June 30, September 30, December
31).
With reference to Quarterly Financial Status Reports, there will be no fourth quarter
FSR submitted. A final FSR will be due within ninety (90) days of the end of the
budget period.
When issuing statements, press releases, requests for proposals, bid solicitations,
annual reports and other documents describing projects or programs funded in whole
or in part with Federal Corporation money, the grantee receiving Federal funds,
including but not limited to the State and local governments, shall clearly state (1) the
percentage of the total cost of the project or program which will be financed with
Federal Corporation money, and (2) the dollar amount of Federal Corporation funds
for the project or program.
Grantees whose monthly advances of Federal funds are or are projected to be
$25,000 or more are required to submit to the Grants Officer an original signed copy of
Standard Form 272, Federal Cash Transactions Report, no later than 15 calendar
days following the end of each quarter.
Saturday, March 03, 2001
Page 1 of 3
- .
Salaries and wages charged to this grant must be supported by signed time and
attendance records for each individual employee, regardless of position, and by
documented payrolls approved by a responsible official of the grantee. Salaries and
wages chargeable between this grant and other programs or functions of the grantee
organization must be supported by individual time distribution records.
Grantees will send checks for disallowances of grant costs and when cash is to be
returned to the Agency at the closeout of the grant relationship to the Corporation
Collection Officer in the Service Center, or in the case of grants awarded by
Headquarters, to the Corporation Collection Officer at Headquarters.
Grantees shall prepare a Project Progress Report (CNCS-1020 for Senior Corps or
CNS 1433 for AmeriCorps*VIST A) annually at the end of the 4th quarter of the budget
period. The report shall be submitted to the Corporation Program/Project Manager no
later than 30 days after the end of the designated reporting period.
Institutions of higher education and other non-profit organizations covered by OMS
Circular A-110 must maintain advance Federal funds in an interest bearing account.
Interest earned on advances deposited in such accounts shall be remitted annually in
a check, made payable to the U.S. Treasury, to the Department of Health and Human
Services, Payment Management System, P.O. Box 6021, Rockville, MD 20852. The
document transmitting the check must indicate that the payment is interest earned on
advanced Federal funds. Interest up to $250 per year maybe retained by the grantee
for administrative expenses.
Grantee will assure that at Recognition events, the Corporation is acknowledged as
the Federal agency responsible for the primary Federal funding of the project.
Unexpended Federal funds from a prior budget period should be applied to reduce the
advance amount by no later than the second advance. The amount of the
unexpended balance and the computation of how it will be applied must be explained
on the Request for Advance or Reimbursement, Standard Form 270.
External evaluation and data collection. The grantee must cooperate with the
Corporation and its evaluators in all monitoring and evaluation efforts. As part of this
effort, the grantee must collect and submit certain project data, as defined in the
Project Profile and Volunteer Activity (PPVA) and must provide data as requested or
needed to support external evaluations.
Costs allowed under this grant are limited to those categories contained in signed
application package dated 1/30101.
Saturday, March 03, 2001
Page 2 of 3
This award includes a $ 2,186 administrative cost increase based on additional Fiscal
Year 2001 funding provided by the Congress. This action is taken at the convenience
of the government to expedite providing increased Fiscal Year 2001 appropriations to
programs. The sponsor must propose which line item(s) the increase will be applied to
within 60 days of receiving this award.
Grantee shall prepare a Government Performance and Results Act (GPRA) Project
Data Report for Senior Corps annually for the fiscal year ending September 30. The
report must be submitted to Senior Corps Headquarters each December 1 st.
Saturday, March 03, 2001
Page 3 of 3
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ORDINANCE
APPROPRIATING $50,772 GRANT FROM THE CORPORATION FOR
NATIONAL SERVICE IN THE NO. 1050 STATE AND FEDERAL GRANTS
FUND FOR THE CONTINUATION OF THE RETIRED AND SENIOR
VOLUNTEER PROGRAM; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That a grant from the Corporation for National Service in the amount of
$50,772 for the continuation of the Retired and Senior Volunteer Program is appropriated in the No.
1050 State and Federal Grants Fund.
SECTION 2. That upon written request of the' Mayor or five Council members, copy
attached, the City Council (I) finds and declares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the day of , 2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Legal form approved ('vl-M---r..I...... .2... y-
,2001; James R. Bray Jr., City Attorney.
By:
'I-.~ ~
Lisa Aguilar. Assistant City Attorney
H:\LEG_D1R\LISA\L1SA\ORD3\(lRDJ.371
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CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a grant in the amoWlt of$ I 54,342
in funding from the Executive Office of the President, Office of National Drug Control Policy,
to support the Police Departments role in the Texas Coastal Corridor Initiative in the Houston
High Intensity Drug Trafficking Area.
B. Ordinance appropriating $154,342 in the No. 1050 Federal/State Grants fund from the Executive
Office of the President, Office of National Drug Control Policy to support the Police
Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug
Trafficking Area; and declaring an emergency.
Date: April 2. 200 I
ISSUE: The Office of National Drug Control Policy provides funding each year for the City to
participate in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative (mDT A).
BACKGROUND INFORMATION: The Corpus Christi Police Department is in the fifth year as
a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created
by the Executive Office of the President, Office of National Drug Control Policy. The grant provides
for the salary and benefits of a full-time program analyst, administrative aide, overtime for 3 Corpus
Christi Police Officers, radio airtime/maintenance, and equipment.
The program focuses on this specific geographic area because it serves as a conduit for narcotics into
Corpus Christi and other metropolitan cities as well as a location for money laWlderers to conduct
illegitimate businesses with a consumer base that affects the local population with residual crime.
Other agencies participating are the Nueces COWlty SherifI; Texas Department of Public Safety, Drug
Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcoho~
Tobacco, and Fireanns. The initiative focuses on the identification and disruption of narcotics
trafficking organizations operating in the cOWlties of Aransas, San Patricio, Refugio, Nueces,
Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics
through this area will be disrupted and long entrenched families of narcotics traffickers will be
apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence
gathered will be downloaded and shared with other Drug Trafficking Initiatives across the COWltry.
FUNDING: There is no match required by the City.
G OC~~
P. Alvarez
ChiefofP .
ADDITIONAL SUPPORT MATERIAL
Award Letter x
,
Houston HIDTA
t\
15355 Vantage Parkway West, Suite # 175
Houston, TX 77032
Phone: (281) 987-3488
Fax: (281) 987-3889
'1-:;1'
To: HIDTA Fund Recipient
From: Carol Wilson
Fax:
Pages:
Phone:
rhte: 03/14/01
Re:
. Comments:
CD
ATTENTION:
The FY2001 HlDTA funds have fmally arrived!!! Please fmd enclosed the
Application for Federal Assistance and the ONDCJJ Award Leuers/Cooperative
Agreements. Please follow AlL instructions included in the documentation. Both
of these fonns for all grants must be correctly signed and forwarded to:
The National HIDTAAssistance Center
8401 Northwest 53rd Terrace, Suite #208
Miami, FL 33166
Please read and complete these forms as soon as possible. These fonns must be
received by the Assistance Center before the FY2001 funds will be activated and
available to expend
Also, please ensure that personnel in your Budget/Finance deparbnents
receive copies of these documents. These documents contain specific
instructions concerning the implementation of the grants. Also, their files
need them in order to be complete.
.. .,
March 14,2001
If you have any questions, please feel free to contact me at (281) 987-3488.
Thank you,
~~
Carol WJlson
Financial Manager, Houston HIDTA
. Page 2
1
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF NATIONAL DRUG CONTROL POLICY
Washington, D. C. 20503
March 9, 2001
Chief Pete Alvarez, Jr.
Corpus Christi Police Dept.
321 John Sartain Street
Corpus Christi, TX 78403
Dear Chief Alvarez, Jr.:
We are pleased to inform you that an Award, Grant Number #IlPHNP517, has been
approved in the amount of$154,342.00. This award to the Corpus Christi Police Dept. will
support Texas Coastal Corridor Initiative initiative(s) at the Houston High Intensity Drug
Trafficking Area (HIDTA).
The original and one copy of the Award with Special Conditions are enclosed. If you
accept this award, sign both the Award and Special Conditions and return a copy to The
National HIDTA Assistance Center in Miami. Keep the original copy of the Cooperative
Agreement Award and Special Conditions for your file.
By accepting this award, you assume certain administrative and financial responsibilities
including the timely submission of all financial and programmatic reports, resolution of all
interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should
your organization not adhere to the terms and conditions of this award, it is subject to
termination for cause or other administrative action as appropriate.
If you have any questions pertaining to this grant award, please feel free to contact Phuong
DeSear at 202-395-6739.
urt F. Schmid
ational HIDT A Director
Enclosures
.
~ "
Executive Office of the President AWARD
Office of National Drug Control Policy Cooperative Agreement Page -.L of ~
I. Recipient Name and Address 4. Award Number: II PHNP517
Corpus Christi Police Dept.
321 John Sartain Street
5.Project Period: 1/1/2001 to 12/31/2001
Corpus Christi, TX 78403 Budget Period: 1/1/2001 to 12/31/2001
IA. Recipient IRS/Vendor No. 6. Date: 3/9/200 I 7. Action
2. Subrecipient Name and Address 8. Supplement Number jlg Initial
o Supplemental
.
2A. Subrecipient IRS/V endor No. 9. Previous A ward Amount
3. Project Title 10. Amount of This A ward $154,342.00
Texas Coastal Corridor Initiative initiative( )
II. Total Award $154,342.00
12. Special CondItions (Check, ifappiicable)
o The above Cooperative Agreement is approved subject to such conditions or limitations as are set
forth on the attached -2. pagers).
I. Statutory Authority for Grant: Public Law 106-554
AGENCY APPROVAL RECIPIENT ACCEPTANCE
14. Typed Name and T,tle of Approvmg ONDCP 15. Typed Name and Title 01 AuthorIzed ReCipient
Official Official
Kurt F. Schmid QtillfPgta \1.81''''''' J..1)t'\'1l1) R. Gkc..\ A lit J
Office ofNationai Drug Control Policy C,~of Corpus Christi Pul;" flcl'L. C. \ \'{ I"I\fot{t\o.
16. Sig atur<: A!~Ving o~cial 17. Signature of Authorized Recipient Date
It \
^-"
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18. Accounting Classification Code
19. HIDTAAWARD
.....
Office of National Drug Control Policy
Attachment to Award # llPHNP517
Page 2 of6
Award Recipient: Corpus Christi Police Dept.
HIDT A:
Houston
Initiative:
Texas Coastal Corridor Initiative initiative(s)
Project Contact:
Award Amount:
12/31/200 I
Mr. Stan Furce
$154,342.00
Award Period: 1/1/2001 to
ONDCP Contact:
All requests for payment and inquiries should be submitted to:
The National HIDTA Assistance Center
8401 Northwest 53rd Terrace, Suite 208
Miami, Florida 33166
(305) 716-3270
A. Conditions
I. The award is based on the detail budget attached to the application submitted for
this initiative. This is your approved budget for the initiative and any deviation must
comply with the reprogramming requirements as set forth in the ONDCP Guidelines.
B. General Provisions
I. This award is subject to:
a. the Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, also known as the "Common
Rule",
b. the Certifications Regarding Lobbying, Debarment, Suspension ami Olher
Responsibility Matters; Drug-Free Workplace Requirements; Federal Debt
Status, and Nondiscrimination Statutes And Implementing Regulations.
c. the audit requirements ofOMB Circular A-l33,
d. the cost principles contained in OMB Circular A-87, and
e. the administrative guidelines contained in ONDCP's Financial and
Administrative Guidelines.
Office of National Drug Control Policy Attachment to Award #
IlPHNP517
Page 3 of6
2. Payment Basis
OMB Standard Form 270 - Request for Advance or Reimbursement" shall be used to
request payment. Copies of invoices, payroll registers, and canceled checks must
accompany the SF 270 to provide documentation for the reimbursement request. Request
for advances will be accompanied by detail specifying the obligation. Documentation of
how the advance was spent must be submitted before another advance or reimbursement
can be requested. Funding for this award is authorized to be paid on a monthly basis.
Payments will be made via Electronic Fund Transfer to the award recipient's bank account.
Recipients are therefore requested to provide the following information in Block 10 of the
SF 270: bank name, bank address, bank telephone number, point of contact at the bank,
American Bankers Association (ABA) number, and account number. This will provide the
banking information needed to make payments to the proper bank account. The bank must
be FDIC insured. It is desirable that the bank be a member of the Federal Reserve System.
The account must be interest bearing. (All payments greater than $25,000 must be made
by EFT. Recipients must request a waiver from this provision for payments less than
$25,000).
Except for interest earned on advances of funds exempt under the Intergovernmental
Cooperaction Act (31 V.S.C. 6501 et seq.) and the Indian Self-Determination Act (23
V.S.C. 450), grantees and subgrantees shall promtly, but at least quarterly, remit
interest earned on advances to ONDCP. The grantee or subgrantee may keep interest
amounts up to $100 per year for administrative purposes. (21 CFR Section 1403.21i)
3. Reporting Requirements
Financial Status Reports (OMB Standard Form 269) will be required quarterly during the
award period and at the end of the award. Performance reports will be required as
specified in the Program Guidance.
Note that the final financial reports should be cumulative for the entire award period.
Performance Reports: Due as specified in the Program Guidance.
Financial Status Reports (OMB Standard Form 269) should be submitted to Office of
National Drug Control Policy, 750 17th Street, NW, Washington DC 20503. Attn:
Phuong DeSear, Room 538. Phone: 202-395-6739, Fax: 202-395-5176.
1
~ p.
Office of National Drug Control Policy
Attachment to Award #
IIPHNP517
Page 4 of6
Special Conditions
HIDT A Cooperative Agreements
The following special conditions are incorporated into each award document.
1. In order to provide for compatibility, integration, coordination, and cost
effectiveness in the use, procurement, and operation of ADP systems, equipment, and
software, recipients are encouraged and authorized to enter into joint purchase or service
agreements on a reimbursable or nonreimbursable bases with other HIDT A award
recipients. Award recipients are authorized and encouraged to enter into joint purchases or
service agreements with other HIDT A award recipients.
2. No federal funds shall be used to supplant state or local funds that would otherwise
be made available for project purposes.
3. The operating principles found in 28 CFR Part 23, which pertain to information
collection and management or criminal intelligence systems, shall apply to any such
systems supported by this award.
4. Prior to expenditure of confidential funds, the award recipient or subrecipient shall
sign a certification indicating that he or she has read, understands, and agrees to abide by
all of the conditions pertaining to confidential fund expenditures as set forth in Attachment
B to the ONDCP Financial and Administrative Guide for Cooperative Agreements. This
certification should be submitted to the Assistance Center.
5. The award recipient agrees to account for and use program income, including but
not limited to asset forfeitures, in accordance with the "Common Rule" and the ONDCP
Financial and Administrative Guide for Cooperative Agreements. Moreover, the use of
program income must be consistent with the National Drug Control Strategy.
6. Where furniture has been approved in the budget, the recipient will make every
effort to utilized existing State and local surplus property prior to the purchase of any
furniture, including computer furniture or items of similar nature.
7. The award recipient may not use designated aircraft assigned to HIDTA-approved
task operations and initiatives for the transport of VIP Executive(s) or similar
circumstances not relating to the goals and objectives of state and local law enforcement
programs.
8. The budget submitted with the proposal is approved.
Office of National Drug Control Policy Attachment to Award #
IlPHNP517
Page50f6
Reprogramming between budget categories within the same agency and initiative requires
the approval of the respective HIDT A Director and must be in accordance with procedures
established by the Executive Committee.
Reprogramming of funds between agencies or initiatives requires the written approval of
the ONDCP HIDTA Office, regardless of the dollar value of the reprogramming.
In all cases the recipient is responsible for maintaining detailed records of the
reprogramming activities and forwarding notification to your HIDT A Director regarding
reprogramming activities as they occur.
9. The recipient agrees to comply with the organizational audit requirements of OMB
Circular A-133, "Audits of State and Local Governments." The management letter must
be submitted with the audit report. Audits must be submitted no later than thirteen (13)
months after the close of the recipient organizations audited fiscal year. The submission of
the audit report shall be as follows:
An original and one copy shall be sent to the cognizant Federal Agency. Also, a
copy of the audit report shall be sent to Office of National Drug Control Policy,
750 17th Street, NW, Washington DC 20503. Attn: Phuong DeSear, Room
538. Phone: 202-395-6739, Fax: 202-395-5176.
10. The recipient agrees to submit operation reports as defined in the Current Year
Program Guidance.
11. Equipment acquired under the grant program must be used by the recipient in the
program or project for which it was acquired as long as needed, whether or not the project
or program continues to be supported by Federal funds. When no longer needed for the
original program, the equipment may be used in other activities supported by the Federal
agency. The recipient may dispose of the original equipment when no longer needed or
supported by the grantor agency.
Inventory lists must be supplied to the HIDT A Director to facilitate the sharing of
equipment within and between the HIDT As. Items to be inventoried include
Communications, Computer & Related Equipment, Suryeillance Equipment, Photo,
Vehicles, Video, and Weapons.
12. The recipient will be permitted to designate funds that would be matched or shared;
however, these matched or shared funds will not constitute an obligation on behalf of the
recipient.
Office of National Drug Control Policy Attachment to Award # IlPHNP517
Page 6 of6
13. Budget item submissions for equipment and other contract items are accepted as
best estimate only and are not deemed approved at that price. Recipients are required to
assure such items are not currently available, are not duplicative or excessive, and should
make market surveys and obtain the best prices available.
14. The recipient acknowledges that failure to submit an acceptable Equal Employment
Opportunity Plan (ifrecipient is required to submit one pursuant to 28 CFR section
42.302), that is approved by the Office of Civil Rights, is a violation of its Certified
Assurances and may result in the suspension of the drawdown of funds.
15. The recipient agrees to complete and keep on file, as appropriate, Immigration and
Naturalization Service Employment Eligibility Verification Form (I-9). This form
is to be used by recipients of federal funds to verify that persons are eligible to work
in the United States.
RECIPIENT ACCEPTANCE OF SPECIAL CONDITIONS
David R. Garcia
Typed Name
City Manaqer
Title
(Signature)
Date
.
Budget Detail Report
Fiscal Year: 2001
Grant: IlPHNP517/
HIDTA Location: Houston
Task Force: Texas Coastal Corridor Initiative ,/
Recipient Agency: Corpus Christi Police Department /;
Resource Agency: Corpus Christi Police Department
Personnel:
Name
Program Analyst ,/
Administrative Aide v'
Annual
$40,000.00 ,/
Time
I
$20,500.00 V I
Total Personnel:
Amount ,/'
$40,000
$20,500 ./
560,500.00'/
Benefits:
Name
Program Analyst ./'
Administrative Aide ./
Annual Time
$10,000.00./
$5,000.00 ./ I
Total Benefits:
Overtime:
Position
Investigator ./
Investigator II
Investigator V
Hours
270.00./
270.00 ./
270.00 ,/
Rate
$33.00./
$33.00/"
$33.00/
Total Overtime:
Amount
$10,000 ./
$5,000./
515,000.00 ,/
Amount
$8,910./
$8,910'/
$8,910'/
526,730.00/
Services:
Name
Radio AirtimeIMaintenance ,/
License Plate Reader Installation ,/
Months Rate
12,/' $176.00./
1./ $50,000.00 v'
Total Services:
Amount
$2, 112 ./
$50,000 ./
552.112.00,/
Total: $154,342 ,/
Page25of31
ORDINANCE
APPROPRIATING $154,342 IN THE NO. 1050 FEDERAL/STATE GRANTS
FUND FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE
OF NATIONAL DRUG CONTROL POLICY, TO SUPPORT THE POLICE
DEPARTMENT'S ROLE IN THE TEXAS COASTAL CORRIDOR
INITIATIVE IN THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING
AREA; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $154,342 is appropriated in the No. 1050 FederallState Grants fund from the
Executive Office of the President, Office of National Drug Control Policy to support the Police
Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug
Trafficking Area.
SECTION 2. That upon written request of the Mayor or five Council members, copy attached,
the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the Charter
rule that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the _
day of ,2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED~ 5' ,200L JAMES R. BRAY, JR., CITY ATTORNEY
By: '. '/....ifiz.- ~
Lisa Aguilar, A tstant City Attorney
10
"'~------~'_."---'
CITY COUNCIL
AGENDA MEMORANDUM
April 10, 2001
AGENDA ITEM: (Caption, as it should appear on the agenda)
Item A: Motion authorizing the City Manager to accept a HAZARDOUS MATERIALS
EMERGENCY PREPAREDNESS PLANNING GRANT in the amount of $20.928.00
from the Texas Department of Public Safety Division of Emergency Management to
fund: (a) the development of a web-accessible hazardous materials database, (b)
the purchase of public education materials, (c) the purchase of "Consequence
Analysis Toolsef' software, (d) and to hire temporary staff to update Annex D.
Item B: Ordinance Appropriating $20,928 from the Texas Department of Public
Safety Division of Emergency Management in the No. 1050 Federal/State Grants
Fund for hazardous materials emergency preparedness planning activities; and
declaring an emergency
ISSUE: The City of Corpus Christi and Nueces County have significant amounts of
hazardous chemicals being manufactured anellor transported within their boundaries.
With these vast amounts of chemicals comes the likelihood of accidents. To ensure
that the City and County's emergency responders are provided with useful
hazardous materials information, it is essential that a database of hazardous
materials in the county be developed, as well as updating Annex D, Radiological
Protection, of the City Emergency Operations Plan. Remaining current with the
latest HazMat planning software ensures the City and the County will not fall into
technological obsolescence. The general public also needs to be provided with
infDrmation regarding personal safety planning for hazardous chemical incidents,
highlighting the need for additional Safety Plan brochures.
This grant will allow the LEPC and Office of Emergency Management to more easily
compile data for the HazMat database and update Annex D, as well as improving the
technical proficiency of the City and County's HazMat planning capabilities. The
public stands to have more safety plan information available to them in the form of
the Safety Plan brochures, which will be printed using grant monies. Deadline for
completion of all projects is August 31, 2001 with a final summary report and final
billing with invoices and check numbers submitted to the State by the City no later
than September 1, 2001.
1
, .
REQUIRED COUNCIL ACTION: Council approval is required to authorize contracts
and appropriate grant monies.
PREVIOUS COUNCIL ACTION: The City Council approved the 1998 Hazardous
Materials Emergency Planning Grant from the Texas Department of Public Safety
Division of Emergency Management in the amount of $28,480 for: (a) the
development of Annex Q, (b) Conducting of HazMat Tabletop Training exercises, (c)
the development of a public education program for television broadcast.
FUNDING: The grant requires a hard or soft match of 20% ($5,232) of the total
project. The Local Emergency Planning Committee and Office of Emergency
Management have already formally agreed to pay any hard match that may be
required. Total project costs equal $26,160 with $5,232 representing the 20% match.
The City of Corpus Christi LEPC will pay $1,200 as its contribution towards the funds
match. The Office of Emergency Management will pay $4032 as its contribution
towards the funds match. A combination of both hard and soft matching funds may be
used to satisfy the 20% matching funds requirement set by the State. Funds have been
budgeted in the General Funds of both the Office of Emergency Management and the
Local Emergency Planning Committee.
Special Note: The contract from the State, page 3, section E, states that the City
agrees to spend the average of the City's LEPC expenditure for the past two years, or
$119,943.00, in addition to the City's 20% cost match for this grant. The City's LEPC
contributions average $10,000 over the past two years.
CONCLUSION AND RECOMMENDATION: Staff recommends approving the
ordinance to appropriate a grant in the amount of $20,928.00 received from the
Texas Department of Public Safety Division of Emergency Management for
Hazardous Materials Emergency Preparedness Planning.
Juan J. Ada
Fire Chief/LEPC Chairman
ADDITIONAL SUPPORT MATERIAL
Contract x
Award Letter x
Ordinance x
-*'
DIVISION OF EMERGENCY MANAGEMENT
TEXAS DEPARTMENT OF PUBLIC SAFETY
RICK PERRY
Governor
5805 N. Lamar Blvd.
Box 4087
Austin, Texas 78773-0220
Duty Hours 512 424-2138
Non-duty Hours 512 424-2000
Fax 512 424-2444
THOMAS A. DAVIS, JR.
Director
TOM MILLWEE
Coordinator
April 2, 2001
Mr. Sam Williams
Corpus ChristilN ueces County LEPC
201 N. Chaparral, Suite 300
Corpus Christi, TX 78469
Dear Mr. Williams:
I am pleased to infonn you that your Hazardous Materials Emergency Preparedness planning grant
application to develop a web-accessible hazardous materials database, purchase public education
materials and Consequence Analysis Toolset Software, and hire temporary staff to update Annex D has
been approved by the State Emergency Response Commission for an award of $20,928.00. The State
Emergency Response Commission did not approve your request for the desktop computer as the grant is
not intended to be an equipment-funding program. This grant has been awarded based on the Corpus
ChristilNueces County LEPC application submitted on October 15, 2000.
The State Emergency Response Commission has detennined that this grant award is tendered to your
jurisdiction until April 20, 2001. Both copies of the grant contract must be signed by your fiscal agent
and returned to the Division of Emergency Management, no later then 5:00 p.m. on April 20, 2001. We
will return one copy upon final execution by the State.
You may submit bill for reimbursement of authorized expenditures monthly or as they are incurred along
with supporting documentation such as cancelled checks and/or receipts. All projects must be completed
by August 3 I , 2001.
If you have any questions, please call my program manager, Mr. Brad Ellis at (512) 424-5985.
Sincerely,
---y:::: J. .
Tom Millwee
State Coordinator
STM/BSE
T
Page 1 of 15 pages
Contract Number
TEXAS DEPARTMENT OF PUBLIC SAFETY
DIVISION OF EMERGENCY MANAGEMENT
5805 North Lamar Blvd.
Austin, Texas 78773-0225
STATE OF TEXAS
COUNTY OF TRAVIS
AGREEMENT FOR
HAZARDOUS MATERIALS EMERGENCY
PREPAREDNESS PLANNING GRANT
PARTIES
THIS AGREEMENT FOR A PLANNING GRANT is made by and between the State of Texas,
acting by and through the Texas Department of Public Safety, Division of Emergency
Management, hereinafter called the "STATE," and the City of Corpus Christi serving as a fiscal
agent for the Local Emergency Planning Committee (LEPC), hereinafter referred to as the
"CITY," pursuant to the authority of TEXAS GOVERNMENT CODE SS 418.043 and 418.044 and/or
S791.011.
WITNESSETH
WHEREAS, the STATE has no programmed resources to implement this requirement of federal
law; and
WHEREAS, the STATE will receive funds from the United States Department of Transportation
to accomplish the tasks detailed in this agreement.
A GR!;;;!;;; M!;;;N I
NOW, THEREFORE, the STATE and the CITY in consideration of the mutual covenants and
agreements contained herein, do mutually agree as follows:
The CITY agrees to perform Hazardous Materials Emergency Preparedness planning activities in
connection with the project as stated in the Articles to follow and outlined hereafter, and for
having rendered such services, the STATE agrees to pay to the CITY compensation for these
services as set out in this agreement. All services performed under this agreement shall be
performed under the supervision of the STATE's State Coordinator, Division of Emergency
Management (DEM) represented by the Training Section Administrator.
~
I
FROM
FAX NO. 5124245647
Apr. 04 2001 06:35AM P2
Page 2 of 15 pages
I. CONTRACT I'ERIOD
This agreement shall hecome elTective U?on the date of linal execution by lhe STATE and shall
be completed by August 31, 2001 unless tenuinated in 11l11llllncr defined herein.
2. SERVICES TO 13F. PROVIDED llY THE CITY
The CITY shall provide the deliverable(s) listed below as approved by the Local Emergency
Planning Committee (LEPC).
A. A final copy oflhe updattod Al.1nex D: Radiological Protection.
B. The web address fOT lhe weh accessible database for the Tier II contllCt and facility
inlonnation.
C. A distribution list showing the distribution of the public educatillO malerials.
D, An example of the pruducl prOlluced with the CATS software.
h. Monthly progress reportS.
F, Monthly expenditures report.
3. SERV1CES 1'0 BE I'ROVlDED BY THE 81' A TE
The STATE shllll provide planning Ilssistance to the CITY in the form of guidance so the CITY
can timely complele the deliverabll;lS Hsled above.
4 COMPENSATION AND METHOD OF PAYMENT
A. 111e nuudrnum amount payable by the STATE under this agreement is twenty thousand
nine hundred twenty-three dollurs ($20,923.00). All pll.ymenlS to the CITY shall be made
when expenses are paid by the CITY, and II valid invoice or receipt and proof of payment
for ll'dch expense is submitted to the 81' ATE. Th.:l total amount of the grant will be pllid
when all deliverable! have been rcc.:lived and paid for by rhe CITY.
B. To receive rellnbunlcment for a!luwllblc costs, the CITY shall submit IIn orib.;nal and Ibm
copies of all invoices or receipt. alung with copies of canceled checks 01' other proof of
paymenl for each invoice or receipt to the STATE no later than the ISth day of .,.ach
month for expenses paid by the ClTV during the previous month. La the following
address:
FROM
FAX HL. ; 5124245647
04 2001 06:35AM P3
I'uge 3 of 15 page~
Attention: Brnd Ellis
Traininl: Section, MSC 0225
Texas Department (,I" Public Safet.y
Division of Emergency ManagClIIl:nt
Post Office Box 4087
^u~lin, Tcxlll' 78713-0225
C. The STAn, shall make payment to the CITY within thirty (10) days from receipt of the
CITY's reimbursable expenses. provided the request lor payment is properly prepared,
exccuted, and documented.
D. ^ hard or soft match of 20% of the to,." project amount is required by the CIIY
amounting to at least five lhou,-;and two hundred thirly"thrcc dollars ($5,232.00). The
total project amount is twenty six thousand one hundred sixty dollars ($26,160,00). Soft
match may include any of the following expenses thlll are reasonable, allowable and
allocable to 1he project.
I) Salaries, fringe benefits. per diem. housing. or trllvel expenscs incurred by arry person
other than II government employee while allcndinl/. training classes Or involved in
program activitic~-
2) Private contributions such as corporate contributions of facilities or services such as
free classroom space,
3) Voluntary contributions sllch as ilrefighter support, ",'mergcncy personnel support.
and the time of uny LEpC member,
4) Equipment or fa~.;lities u~ed for exercises. whether public or private.
5) Facility spuce necessary to conducl activities for the grant prograln.
6) University studentI' volunteering time to aid ill collection of data.
.r:. The CITY agrees to spend the average of the CITY's Local Emergency Planning
Committee expenditure for planning a~1ivities for the past two years, or one hundred
nineteen thousand nine hundred forty thrllC dollars ($119,943.00), in addition to the
CITY's twenty percent (20%) CClst match for this grant.
S. PROGRESS
^. The CITY shallnollx->g.in the work outlined herein until tinal cxecuti<ln of this agrClelTlent
by the STATE.
9_ The CITY shall, loom time tll time during progress of the wnrlc. defined herein, conler
wIth the STATE. The CITY ~hall prepare and present such informatiun lUll! dalll as may
be pertinent and 11ecessary or as may be requcstcd by the STATE in order tll evaluate the
--. i
~.
Page 4 of 15 pages
summary by the 15th of each month covering the prevIOus month's activities. This
summary shall include as a minimum:
1) Summary of events and activities that occurred during this reporting period.
2) A summary of any problems that may have occurred.
3) An updated schedule of events and/or project completion.
4) Any changes that will affect the project.
C. The CITY shall furnish all equipment, materials and supplies required to perform the
services provided for under this agreement.
D. A monthly report will be submitted to the STATE by the CITY no later than the 15th day
of each month, by one of the following means:
1) Mail:
Attention: Brad Ellis
Training Section, MSC 0225
Texas Department of Public Safety
Division of Emergency Management
Post Office Box 4087
Austin, Texas 78773-0225
2) Fax:
Attention: Brad Ellis
(512) 424-5647
3) E-mail:
brad.ellis@txdps.state.tx.us
E. A final summary report and final billing with invoices and check numbers will be
submitted to the STATE by the CITY no later than September 1,2001.
6. TERMINA nON
A. This agreement may be terminated by any of the following conditions:
1) By mutual agreement and consent of both parties.
2) By the STATE upon written notice to the CITY as consequence of the CITY's failure
to perform the services herein in a satisfactory manner and within the limits provided,
with proper allowances being made for circumstances beyond the control of the CITY
as determined in good faith and reasonable business judgment by the STATE.
-~.,.
Page 5 of IS pages
3) By the STATE for reasons of its own and not subject to the mutual consent of the
CITY upon not less than ten (10) days written notice to the CITY.
4) By satisfactory completion of all services and obligations described herein.
B. Should the ST ATE terminate this agreement as herein provided, no expenses except
those due and payable at the time of termination shall thereafter be paid to the CITY.
Payment for the work at the time of termination shall be based upon work completed at
that time.
C. The termination of this agreement and payment of any amount in the settlement as
prescribed herein shall extinguish all rights, duties, obligations and liabilities of the
STATE and the CITY under this agreement.
7. DISPUTES
The CITY shall be responsible for the settlement of all contractual and administrative issues
arising out of procurement made by the CITY in support of this grant program. Any disputes
concerning the work or obligations defined herein or additional costs, or any non-procurement
issues shall be settled at the sole discretion of the Department of Public Safety.
8. INDEMNIFICATION
To the extent authorized by the Constitution and Laws of the State of Texas the CITY shall
indemnify and hold harmless the STATE, its officers and employees from all third party claims
for injury to, or death of, persons and damage to, or loss of, physical property directly due to
activities of itself, its agents, contractors, officers or employees, performed under this agreement
and which result from the negligence or willful misconduct of the CITY or of any person
employee by the CITY. The CITY shall also indemnify and hold harmless the STATE, its
officers and employees from any and all expenses, including attorney fees which might be
incurred by the STATE, its officers and employees as a result of such activities by the CITY, its
agents, contractors, officers and employees.
9. COMPLIANCE WITH LAWS
The CITY shall comply with all federal, state and local laws, statutes, ordinances, rules,
regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any
manner affecting the performance of this agreement.
10. ASSURANCES
The CITY assures that no person shall, on the grounds of race, creed, color, handicap, national
origin, gender, political affiliation or beliefs, be excluded from, be denied benefit of, or be
subject to discrimination under any program or activity funded in whole or in part under this
agreement. Incorporated by reference the same as if specifically written herein are rules,
regulations, and all other requirements imposed by law, including but not limited to compliance
with those pertinent rules and regulations of the State of Texas and those of United States
agencies providing funds to the State of Texas.
-'
Page 6 of 15 pages
11. AUDIT REQUIREMENTS
The CITY hereby agrees to comply with the requirements specified in the Single Audit Act, 31
U.S.C. SS 7500 et seq. (Supp.1999) (Public Law 104-156), as applicable.
12. SIGNATORY AUTHORITY
The undersigned signatory for CITY hereby represents and warrants that he/she is an officer of
the organization for which he/she has executed this agreement, and that he/she has full and
complete authority to enter into this agreement on behalf of the CITY.
IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed in
duplicate effective the date of the last signature to this agreement.
CITY
APPROVAL RECOMMENDED
~W
Tom Millwee
State Coordinator
Division of Emergency Management
Date:
Date:
7/1~/O\
~L1CSAFETY
. -
Tom Haas
Chief, Accounting and Budget Control
Date: 3-23-DI
-1
Page 7 of 15 pages
CERTlF/CATlON--DRUG FREE WORKPLACE ACT OF 1988
The recipient certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the recipient's workplace and specifying the
actions that will be taken against employees for violation of such
prohibition;
(b) Establishing a drug-free awareness program to inform employees
about:
1. The dangers of drug abuse in the workplace:
2. The recipient's policy of maintaining a drug-free workplace:
3. Any available drug counseling, rehabilitation, and employee
assistance programs; and
4. The penalties that may be imposed on employees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the
performance of the project be given a copy of the statement required by
paragraph (a);
(d) Notifying each employee in the statement required by paragraph
that, as a condition of employment under the award, the employee must:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction
for a violation occurring in the workplace no later than 5 days after
such conviction;
(e) Notifying the Award Official within 10 days after receiving notice
under subparagraph (d)2, from an employee or otherwise receiving actual
notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving
notice under subparagraph (d)2, with respect to any employee who is so
convicted:
1. Appropriate personnel action against such an employee, up
to and including termination; or
~ ..
Page 8 of 15 pages
2. Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency:
(g) Making a good-faith effort to continue to maintain a drug-free
workplace thought implementation of paragraphs (a), (b), (c), (d), (e), and
(t).
Place of performance (Street address, city, CITY, state, zip code)
DATE
(Recipient)
by
(Signature of Authorized Official)
~----r
~ ..
Page 9 of 15 pages
U.S. DEPARTMENT OF TRANSPORTATION
HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS
TRAINING AND PLANNING GRANTS
CERTIFICATION OF COMPLIANCE WITH GOVERNMENT-WIDE
GUIDANCE ON LOBBYING RESTRICTIONS
(31 U.S.C. 1352)
The
(Grant Recipient)
certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Grant Recipient, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, and officer or employee of
Congress, or an employee or 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, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the Grant Recipient shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(3) The Grant Recipient shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification
is a prerequisite for making or entering into this transaction imposed by section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 for such failure.
DATE
(Recipient)
by
(Signature of Authorized_Official)
-'
Page 10 of 15 pages
APPENDIX A
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
DEPARTMENT OF TRANSPORTATION
The State of Texas (hereinafter referred to as the "Recipient") HEREBY AGREES THAT
as a condition to receiving any Federal financial assistance from the Department of
Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act) and all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-assisted Programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the
Regulations) and other pertinent directives, to the end that in accordance with the Act,
Regulations, and other pertinent directives, no person in the United States shall, on the
grounds of race, color, sex or national origin, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any program or
activity for which the Recipient receives Federal financial assistance from the
Department of Transportation, and HEREBY GIVE ASSURANCE THAT it will promptly
take any measures necessary to effectuate this agreement. This assurance is required
by subsection 21.7(a)(1) of the Regulations.
More specifically and without limiting the above general assurance, the Recipient
hereby give the following specific assurance with respect to the project.
1. That the Recipient agrees that each "program" and each "facility" as
defined in subsections 21.23(e) and 21.239(b) of the Regulations, will be (with
regard to a "program") conducted, or will be (with regard to "facility") operated in
compliance with all requirements imposed by, or pursuant to, the Regulations.
2. . That the Recipient shall insert the following notification in all solicitations
for bids for work or material subject to the Regulations and, in adapted form in all
proposals for negotiated agreements:
The Recipient, in accordance with Title VI of the Civil Rights Act of 1964,
78 State. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of
the Department of Transportation issued pursuant to such Act, hereby
notifies all bidders that it will affirmatively insure that in regard to any
contract entered into pursuant to this advertisement, minority business
-1
.
Page 11 of 15 pages
enterprises will be afforded full opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race,
color, sex or national origin in consideration for an award.
3. That the Recipient shall insert the clauses of Appendix B of this assurance
in every contract subject to the Act and the Regulations.
4. That this assurance obligates the Recipient for the period during which
Federal financial assistance is extended to the project.
5. The Recipient shall provide for such methods of administration for the
program as are found by the Secretary of Transportation or the official to whom
he delegates specific authority to give reasonable guarantee that it, other
recipients, subgrantees, contractors, subcontractors, transferees, successors in
interest, and other participants of Federal financial assistance under such
program will comply with all requirements imposed or pursuant to the Act, the
Regulations and this assurance.
6. The Recipient agrees that the United States has a right to seek judicial
enforcement with regard to any matter arising under the Act, and Regulations,
and this assurance.
THIS ASSURANCE is given in considerations of and for the purpose of obtaining any
and all Federal grants, loans, contracts, property, discounts or other Federal financial
assistance extended after the date hereof to the Recipient by the Department of
Transportation and is binding on it, other recipients, subgrantees, contractors,
subcontractors, transferees, successors in interest and other participants in the
Department of Transportation Program. The person or persons who signatures appear
below are authorized to sign this assurance on behalf of the Recipients.
DATE
(Recipient)
by
(Signature of Authorized Official)
-l
- .
-"-T
Page 12 of 15 pages
APPENDIX B
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
DEPARTMENT OF TRANSPORTATION
During the performance of this contract, the contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
1.
Compliance with Reaulations: The contractor shall comply with the Regulations
relative to nondiscrimination in Federally assisted programs of the Department of
Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this
contract.
2.
Nondiscrimination: The contractor, with regard to the work performed by it during
the contract, shall not discriminate on the grounds of race, color, sex, or national
origin in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The contractor shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
3.
Solicitation for Subcontracts. Includina Procurement of Materials and Eauipment:
In all solicitations either by competitive bidding or negotiation made by the
contractor for work to be performed under a subcontract, including procurements
of materials or leases of equipment, each potential subcontractor or supplier shall
be notified by the contractor of the contractor's obligations under this contract
. and the Regulations relative to nondiscrimination on the grounds of race, color,
sex, or national origin.
4.
Information and Reports: The contractor shall provide all information and
information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish this information the contractor shall so certify to the
State of Texas or the Research and Special Programs Administration as
appropriate, and shall set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of the contractor's noncompliance
with nondiscrimination provisions of this contract, the State of Texas shall impose
5.
-"
Page 13 of 15 pages
contract sanctions as it or the Research and Special Programs Administration
may determine to be appropriate, including, but not limited to:
(a) withholding of payments to the contractor under the contract until the
contractor complies; and/or
(b) cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of
paragraphs (1) through (6) in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto. The contractor shall take such action with
respect to any subcontract or procurements as the State of Texas or the
Research and Special Programs Administration may direct as a means of
enforcing such provisions including sanctions for noncompliance: Provided,
however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontract or supplier as a result of such direction, the
contractor may request the State of Texas to enter into such litigation to protect
the interests of the State of Texas, and, in addition the contractor may request
the United States to enter into such litigation to protect the interests of the United
States.
DATE
(Recipient)
by
(Signature of Authorized Official)
."
Page 14 of 15 pages
APPENDIX C
ASSURANCE OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
DEPARTMENT OF TRANSPORTATION
The following clauses shall be included in all deeds, licenses, permits, or similar
instruments entered into by the State of Texas.
The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself/himself,
his/her heirs, personal representatives, successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree [in the case of deeds and
leases add "as a covenant running with the land"] that in the event facilities are
constructed, maintained, or otherwise operation on the said property described in this
[deed, license, lease, permit, etc.] for a purpose for which a Department of
Transportation program or activity is extended or for another purpose involving the
provision of similar services or benefits, the [grantee, licensee, lessee, permittee, etc.]
shall maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of
Federally-Assisted Programs of the Department of Transportation - Effectuation of Title
VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
[Include in licenses, leases, permits, etc.]'
That in the event of breach of the above nondiscrimination covenants, State of Texas
shall have the right to terminate the [license, lease, permit, etc.] and to re-enter and
repossess said land and the facilities thereon, and hold the same as if said [licenses,
lease, permit, etc.] had never been made or issued.
[Include in deeds]'
That in the event of breach of any of the above nondiscrimination covenants, State of
Texas shall have the right to re-enter said lands and facilities thereon, and the above
described lands and facilities shall thereupon revert to and vest in and become the
absolute property of State of Texas and its assigns.
The following shall be included in all deeds, licenses, leases, permits, or similar
agreements entered into by State of Texas.
The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself/himself,
his/her personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree [in case of deeds, and leases
"--r--"
. "
Page 15 of 15 pages
add "as a covenant running with the land"] that (1) no person on the grounds of race,
color, sex, or national origin shall be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2)
that in the construction of any improvements on, over or under such land and the
furnishing services thereon, no person on the grounds of race, color, sex, or national
origin shall be excluded from the participation in, be denied the benefits of, or be
otherwise subjected to discrimination, and (3) that the [grantee, licensee, lessee,
permittee, etc.] shall use the premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally-Assisted Programs of the Department of Transportation - Effectuation of Title
vi of the Civil Rights Act of 1964, and as said Regulations may be amended.
[Included in licenses, leases, permits, etc.]'
That in the event of breach of any of the above nondiscrimination covenants, State of
Texas shall have the right to terminate the [license, lease, permit, etc.] and to re-enter
and repossess said land and the facilities thereon, and hold the same as if said [license,
lease, permit, etc.] had never been made or issued.
[Include in deeds]'
That in the event of breach of any of the above nondiscrimination covenants, State of
Texas shall have the right to re-enter said land and facilities thereon, and the above
described lands and facilities shall thereupon revert to and vest in and become the
absolute property of State of Texas and its assigns.
, Reverter clause and related language to be used only when it is determined
that such a clause is necessary in order to effectuate the purpose of Title VI
of the Civil Rights Act of 1964.
DATE
(Recipient)
by
(Signature of Authorized Official)
. ,
.
ORDINANCE
APPROPRIATING $20,928 FROM THE TEXAS DEPARTMENT OF PUBLIC
SAFETY DIVISION OF EMERGENCY MANAGEMENT IN THE NO. 1050
FEDERAUSTATE GRANTS FUND FOR HAZARDOUS MATERIALS
EMERGENCY PREPAREDNESS PLANNING ACTIVITIES; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $20,928 from the Texas Department of Public Safety Division of
Emergency Management is appropriated in the No. 1050 Federal/State Grants Fund for
Hazardous Materials Emergency Preparedness planning activities.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
,2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This 4th day of April, 2001:
James R. Bray, City Attorney
By: ~~
R. Ja R 'ning
. First Assistant City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
R11104A1.wpd
-
11
~ ..
AGENDA MEMORANDUM
DATE: March 28, 2001
SUBJECT: Intersection Approach Improvements (Bond Issue Project No. C-11)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering
services contract in the amount of $53,101 with Martinez, Guy & Maybik for Intersection Approach
Improvements at the following sites: (Bond Issue Project No. C-11)
. Airline Road - new right turn lane on southbound Airline Road at South Padre Island
Drive Expressway westbound frontage road;
. South Staples Street - new right tum lane on southbound Staples Street at Everhart
Road; and
. Waldron Road - new right tum lane on northbound Waldron Road at Hustlin' Homet
Drive.
ISSUE: This project was approved November 7,2000 in the Bond Issue 2000 Package
under Proposition No. 1 Street Improvements. A contract for professional services is
required to complete the design phase, bid phase, and construction phase; and requires
City Council approval.
FUNDING: Funds for this project are available in the FY 2000-2001 Capital Improvements
Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~k--
F {J(Z-
~ c;/cSft (
'Angel R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Project Budget
Exhibit "D" Location Map
Intersection Aooroach tmDrovements
Page 1 of1
H:\HOME\VELMAR\GEN\STREET\6152\AGENOA.MMO
BACKGROUND INFORMATION
SUBJECT: Intersection Approach Improvements
(Bond Issue Project No. C-11)
PRIOR COUNCIL ACTION:
1. November 14. 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Christi for the
adoption of seven propositions; adopting and levying a sales and use tax pursuant
to Section 4A of The Development Corporation Act as approved by the voters in
Propositions 4 and 5 (Ordinance No. 024269).
PRIOR ADMINISTRATIVE ACTION:
1. October 18. 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 -
(Public Health and Safety, Parks and Recreation, Street Improvement Projects) to
73 local architectural and engineering firms.
2. November 10. 2000 - Addendum No.1 to the Request For Qualifications (RFQ) No.
2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
3. Januarv 10. 2001 - Addendum NO.2 to the Request For Qualifications (RFQ) No.
2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
FUTURE COUNCIL ACTION: Approval of various construction contracts to complete the
project as required.
REQUIRED: Per City Charter Article II. Section 15, It shall be unlawful for the city council,
within the period beginning thirty days before any regular election and extending to the
taking of office for the newly elected council, to take any council action whereby any
appropriation of money not included in the budget is made or contract or obligation of the
city is to be created or franchise granted, or any zoning or rezoning ordinance passed or
hearing held without a two-thirds vote of the council, and any such council action taken
without a two-thirds vote shall be void.
PROJECT BACKGROUND: On Tuesday, November 7,2000, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2000. The November 7,2000 election was
held jointly with Nueces County and coincided with the Presidential Election.
EXHIBIT "A"
Paae 1 of 2
H:\HOME\VElMAR\GEN\STREET\6152\AGENDA.BKG
. .
The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety,
Parks and Recreation/Museum, and Street improvement projects. The proposed projects
target the City's most immediate needs to improve existing physical facilities, provide for
growth, and protect the City's investment in its infrastructure.
PROJECT DESCRIPTION: The proposed project consists of widening street approaches
to congested intersections through the addition of exclusive right-turn channels to relieve
traffic congestion and improve traffic flow. Locations for such improvements include the
following sites:
· Airline Road - new right tum lane on southbound Airline Road at South Padre
Island Drive Expressway westbound frontage road;
· South Staples Street - new right turn lane on southbound Staples Street at
Everhart Road; and
· Waldron Road - new right turn lane on northbound Waldron Road at Hustlin'
Hornet Drive.
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B".
FINAL PRODUCT: Design, Bid and Construction services will result in intersection
approach improvements including compliance with ADA requirements at the following sites:
· Airline Road - new right tum lane on southbound Airline Road at South Padre
Island Drive Expressway westbound frontage road;
· South Staples Street - new right turn lane on southbound Staples Street at
Everhart Road; and
. Waldron Road - new right turn lane on northbound Waldron Road at Hustlin'
Hornet Drive.
EXHIBIT "A"
Paoe 2 of 2
H:\HOME\VELMAR\GEN\STREET\61521AGENDA,BKG
CONTRACT SUMMARY
INTERSECTION APPROACH IMPROVEMENTS
1. SCOPE OF PROJECT: Intersection Approach Improvements (#6152)
Intersection Approach Improvements (Contract C-11, Project #53)
This project includes widening street approaches to congested intersections through the addition of exclusive
right-turn channels is proposed to relieve traffic congestion and improve traffic flow. Possible locations for
such improvements primarily include:
. Airline Road, new right turn lane on southbound Airline Road at South Padre Island Drive Expressway
Westbound Frontage Road;
. South Staples Street, new right turn lane on southbound Staples Street at Everhart Road;
. Waldron Road, new right turn lane on northbound Waldron Road at Hustlin' Hornet Drive.
2. SCOPE OF SERVICES
Martinez, Guy & Maybik will perform design services necessary to review and prepare plans. specifications,
and bid and contract documents; and provide monthly status updates (project progress or delays, gantt charts
presented with monthly invoices) and provide contract administration services to complete the Project. Work
will not begin on Additional Services until requested by the AlE (provide breakdown of costs. schedules). and
written authorization is provided by the Director of Engineering Services.
3. PROJECT SCHEDULE
PROPOSED PROJECT SCHEDULE FOR
C-11-INTERSECTION APPROACH IMPROVEMENTS
DAY
DATE
ACTIVITY
Wednesday 04/11/2001 Begin Preliminary Phase
Tuesday 06/05/2001 Present Prelim Phase to City
Monday 06/25/2001 Begin Design Phase
Friday 08/03/2001 60% Design Submission
Friday 08/17/2001 City Review (2 weeks)
Monday 10/01/2001 90% Design Submission
Monday 10/15/2001 City Review (2 weeks)
Wednesday 10/17/2001 Begin Completion of Design Phase
Monday 10/29/2001 Final 100% Submittal
Monday (2) 11/05/2001 Advertise for Bids
Wednesday 11/14/2001 Pre-Bid Conference
Wednesday 11/21/2001 Receive Bids
Monday 02/04/2002 Begin Construction
Monday 07/01/2002 Construction Completion
EXHIBIT "B"
Page 1 of 2
H:\HQME\VElMAR\GEN\STREET\6152\CONTRACTSUMMARY,OQC
1
4. FEES
A. Fee for Basic Services. The City will pay the AlE a fixed fee for providing for all "Basic Services"
authorized as per the table below. The fees for Basic Services will not exceed those identified and
will be full and total compensation for all services outlined above, and for all expenses incurred in
performing these services. For services provided, AlE will submit monthly statements for basic
services rendered. The statement will be based upon AlE's estimate (and City Concurrence) of the
proportion of the total services actually completed at the time of billing. For services provided in
Construction Phase, the statement will be based upon the percent of completion of the construction
contract. City will make prompt monthly payments in response to AlE's monthly statements.
B. Fee for Additional Services. For services authorized by the Director of Engineering Services, the
City will pay the AlE a not-to-exceed fee as per the table below:
FEE FOR BASIC SERVICES Intersection
Approach Imp.
1. Preliminary Phase $ 13,929.00
2. Design Phase $ 19,883.00
3. Bid Phase $ 987.00
4. Construction Phase $ 7,757.00
Subtotal Basic Services Fees $ 42,556.00
Fee for Additional Services (Allowance)
1. Permit Preparation (as applicable)
Texas Department of License and Regulation $ 2,087.00
TXDOT $ 414.00
NPDES Permit/Amendments $ 714.00
Total Permitting $ 3,215.00
2. Topographic Survey $ 6,690.00
3. Warranty Phase $ 640.00
4. RTA Bus Relocations & Renovations to be determined
5. Environmental Assessment Report to be determined
(Airline iocation oniy).
Subtotal Additional Services Fees $ 10,545.00
TOTAL AUTHORIZED FEE $ 53,101.00
H:\HOME\VElMAR\GENISTREET\6152\CQNTRACTSUMMARY.QOC
EXHIBIT "B"
Page 2 of 2
PRELIMINARY PROJECT BUDGET
BOND ISSUE PROJECT C11
INTERSECTION APPROACH IMPROVEMENTS
(Project No. 6152)
April 3, 2001
FUNDS AVAILABLE:
Streets.......................................................................... .
Total..............................................................................
FUNDS REQUIRED:
Construction (estimate)......................................................
Contingencies (10%).. ......................................................
Land Acquisition..............................................................
Consultant (Martinez, Guy & Maybik)....................................
Engineering Reimbursements.............................................
Finance Reimbursements...................................................
Testing......................................................................... ..
Bond Issuance Expense (1%).............................................
Art In Public Places (1.25%)................................................
Printing, Advertising, etc...................................................
Total..............................................................................
H:\HOME\VElMAR\GEN\STREET\6152\BUDGET.XlS
--,
$500,000.00
$500,000.00
$285,000.00
28,500.00
95,000.00
53,101.00
14,149.00
5,000.00
5,500.00
5,000.00
6,250.00
2,500.00
$500,000.00
EXHIBIT "e"
Pace 1 of 1
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CIP PROJECT No. 6152
LOCA TION MAP
NOT TO SCALE
EXHIBIT "D"
Airline Road - New Right Turn Lane
on southbound Airline Rd. at S.P.I.D.
Expressway westbound Frontage Rd.
City of Corpus Christi, Texas
CITY COUNCIL EXHIBIT ~
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 3
DATE: 03-09-2001 ==
. .
. .
\ Mproject \ councilexhibits \ exh6152. dwg
LOCATION MAP
NOT TO SCALE
EXHIBIT "D"
CIP PROJECT No. 6152
South Staples Street
New Right Turn Lane on southbound
Staples Street at Everhart Road
City of Corpus Christi, Texas
CITY COUNCIL EXHIBIT ~
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 2 of 3
DATE: 03-09-2001 =
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LOGA TION MAP
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EXHIBIT "0"
Waldron Road
New Right Turn Lane on northbound
Waldron Road at Hustlin Hornet Drive
City of Corpus Christi, Texas
CITY COUNCIL EXHIBIT ~
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 3 of 3
DAT~ 03-09-2001 ~
,
12
- ..
CITY COUNCIL
AGENDA MEMORANDUM
Date: April 10, 2001
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an agreement
with the law firm Linebarger Heard Goggan Blair Graham Peiia & Sampson, LLP to collect
outstanding fines and fees on behalf of the City.
ISSUE: The Court will provide Linebarger Heard Goggan Blair Graham Peiia & Sampson, LLP,
a professional law firm that is experienced in collection, with cases to collect outstanding court fines
and fees on behalf of the City. We will provide cases from 1996 to current where the defendant has
entered a plea, has been established on a payment plan and the case is delinquent. We will also
provide those cases where the defendant has received a citation and never appeared to address their
outstanding case(s). The vendor does not have the legal authority to accept a plea from a defendant;
however, the vendor does have the authority to offer the defendant the option to resolve their
outstanding case by payment in full, which legally constitutes a plea of "no contest".
Funding: There are no start-up costs for the City; payment to Linebarger Heard Goggan Blair
Graham Peiia & Sampson, LLP is based on recovery only. The City will pay a commission rate that
has been negotiated at the end of each reporting period as outlined in the contract, at the rate agreed
upon. If the City receives no monies, jfthe defendant is indigent, if the case is dismissed, the City
will not be responsible for any payment.
REQUIRED COUNCIL ACTION: City Council must approve this motion as proposed.
RECOMMENDATION: Staff recommends approval of the motion as submitted.
~::;S~~
Director of Municipal Court
ADDITIONAL SUPPORT MATERIAL
Background Information
Contract
-
AGENDA MEMORANDUM
BACKGROUND INFORMATION
Development of the Request for Proposal (RFP) for Municipal Court collections has been a long
sought objective, however, many housekeeping issues had to be addressed before the Court could
seriously consider privatizing court collection of outstanding fines: reliable court records, up-to-date
operations and a computer system that could meet the vendor's technical requirements.
The purpose of the RFP was to solicit proposals from professional collection agencies that are
qualified and experienced in collecting past due court fines which includes State court costs, fees and
pure fines, preferably a vendor with experience in Municipal Courts. There are no anticipated start-
up fees for the City, payment is based on recovery only. The City will pay the vendor a commission
rate of23% at the end of the reporting period for those cases that have been referred to the vendor
for collection. If the City receives no funds, if the defendant is indigent, ifthe defendant serves time
injail in lieu of payment, if the case is dismissed, the City will not be responsible for payment to the
vendor.
The Court, as other Municipal Courts throughout the State, historically has had difficulty getting
defendants to address their cases timely, and once assessed a fine, to pay the amount owed to the
City. Although there have been many improvements at the Court which have resulted in improved
case resolution and significant increases in revenue, much more can be accomplished. We will
continue to place defendants that are delinquent on current cases on warrant and these defendants
will then be pursued by the Marshal's Division. The Marshal's Division has had a positive impact
on both case resolution and a significant impact to revenues.
However, the Court does not have the resources nor the expertise to pursue older cases. We do not
have the expertise in "skip tracing" techniques which allow a vendor experienced in collection to
locate and pursue defendants that are adept at changing their identity and have made a deliberate
attempt to "get lost". Use of a law firm that is well versed with the legal requirements of court
collections will provide a true financial benefit to the City.
Our objective is to enhance existing collection efforts and existing enforcement actions. The vendor
that we have selected will locate, track and strongly encourage our defendants to pay the outstanding
fine. Furthermore, we will work with the vendor to develop a process by which defendants that have
been assessed a fine and are delinquent may be reported to the Credit Bureau. This action will
impair the defendant's purchasing power. The inability to remove the fine owed to the City from
their credit report until the fine is paid will make it harder for the defendant to ignore the City. By
using a law firm with experience in collection to augment our existing collection efforts, we will reap
the rewards without a signi ficant investment.
.
The City will provide to the vendor the following cases; all those cases from 1996 to current where
the defendant was found guilty, assessed a fine, put on a payment plan and is delinquent. We will
also provide to the vendor all those cases where the defendant received a citation and has not
appeared. Although the vendor does not have the legal authority to take a plea on behalf of the
Court, the vendor can encourage the defendant to resolve their outstanding case by choosing the
option of payment in full, which technically is defined as a plea of "no contest". The Court will
coordinate with the vendor both collection campaigns and enforcement actions by the Marshal's
Division. We will monitor the impact of implementation to existing workloads and identify any
staffing requirements, during the budget process.
Of priority to the Court is a collection effort that is both professional and courteous without the
necessity of harassing our defendants. However, we are also looking for a collection effort that
consistently reminds the defendant that they must timely address their responsibility to the City. In
our contract, the City has the authority to review and revise all correspondence with the defendant
and the telephone scripts used by the vendor, but Linebarger will be responsible for compliance with
all laws. The Court will establish, through the internet, a process by which the vendor will receive
a file transfer of all cases referred for collection. Through this manner the Court's case information
will be updated timely to identify those cases that have been referred to a collection service.
The Court received five vendor responses to the Request for Proposal: Allied Credit Companies;
American Municipal Services Bureau; Linebarger Heard Goggan Blair Graham Pefta & Sampson,
LLP; Municipal Services Bureau; and State Metropolitan Services Corporation. The evaluation
process was comprehensive and included the following; an evaluation of the vendor written response
based on the criteria identified in the RFP. The criteria for review of the vendor responses included
court fine collection experience, technical ability for connectivity to the Court's computer system,
commission rate charged, management reports, collection notices, etc.
In addition to the evaluation of the vendor responses, the Court visited one customer for each vendor
(Allied Credit Companies - City of Scottsdate; American Municipal Services Bureau - City of
Euless; Linebarger Heard Goggan Blair Graham Pefta & Sampson, LLP - City of Houston;
Municipal Services Bureau - City of Piano; and State Metropolitan Services Corporation - City of
Ft. Worth). We felt that speaking to a customer would provide invaluable insight as to whether the
vendor actually performs what has been promised.
Also included in our evaluation process was an interview with each vendor which allowed them the
opportunity to discuss their expertise in court collections and describe their approach in complying
with the City's requirements. Because of the lengthy evaluation process, we asked the vendors to
extend their bid for an additional 90 days; all five agreed. During this interview with the Evaluation
Committee, the City had the opportunity to get clarification on the vendor's approach toward
implementation of a new customer. We also negotiated the best commission rate possible. We
questioned any outstanding issue raiscd by either the vendor's response or by the vendor's customer.
- .
This evaluation process was comprehensive; the evaluation team consisted of Court operations,
Financial, Information Systems and Legal review of the five proposals. The comprehensive
evaluation took into account the written response, the on site visit and an individual interview with
each vendor. Our evaluation of all five vendors provided a ranking which was discussed with the
Municipal Court Committee on March 14th. The vendors were ranked in the following order:
Municipal Services Bureau first, Linebarger second, Allied third, State Metropolitan fourth and
American fifth. After discussion and review the Municipal Court Committee recommends the
selection of Linebarger Heard Goggan Blair Graham Peiia & Sampson, LLP.
-.-.
CITY OF CORPUS CHRISTI
MUNICIPAL COURT COLLECTION SERVICES
THIS CONTRACT for the collection of delinquent Municipal Court fines and court costs,
hereinafter called "Contract", is made and entered into by and between the CITY OF CORPUS
CHRISTI. P.O. Box 9277, Corpus Christi, Texas 78469, a municipal corporation, home rule city,
and body politic duly authorized under the laws of the State of Texas, hereinafter called "City", and
the law firm of LINEBARGER, HEARD. GOGGAN. BLAIR, GRAHAM, PENA, & SAMPSON,
L.L.P.. 500 N. Water, Suite 1111. Corpus Christi, Texas. hereinafter called "Law Firm", based
upon the consideration and undertaking stated herein. effective for all purposes upon approval by
the Corpus Christi City Council and subsequent execution by the City Manager or designee.
I. General Scope of Services
1.0 The Law Firm shall, for and in consideration of the payment of the sum of money hereinafter
specified, perform all duties as delinquent fine attorneys related to the collection of delinquent
Municipal Court fines and court costs. provide all services necessary for the collection of those
delinquent Municipal Court fines and court costs. and provide such further services as are outlined
in this Contract.
II. Contract Document Hierarchy
2.0 This Contract, the Request for Proposal amendments. the Law Firm's best and final proposal
and the Law Firm's proposal shall constitute the contract documents. All requirements. terms, and
conditions stated in this Contract shall supersede any other document. Any inconsistencies will be
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resolved in the following order of priority:
(A) Contract
(B) RFP Amendment
(C) City's Request for Proposals for Municipal Court Collection Services
(D) Law Firm's Best and Final offer
(E) Law Firms' proposal dated November 30, 2000.
III. Term of the Contract and Termination Clause
3.0 This Municipal Court Collection Services Contract ("Contract") is for one year beginning
on the date of City Council approval. This Contract may be extended on the same terms and
conditions for three additional one-year terms upon the written request of the City Manager or
designee, ("City Manager"). sent to Law Firm at least 30 days prior to the expiration of the term.
3.1 Either party may terminate this Contract at any time with or without cause by giving 30 days'
written notice to the other party.
3.2 If the City has not awarded a new Municipal Court Collection Services Contract at the end
of this Contract, or otherwise terminated this Contract. the City Manager may extend this Contract
on a month to month basis until a new contract is av,:arded by City Council, or this Contract is
terminated. Notice of termination during any month to month extension is 30 calendar days.
IV. Compensation of the Law Firm
4.0 City will turn over all delinquent Municipal Court cases by electronic or magnetic medium,
in the format specified by the City Contract Administrator. to Law Firm for collection, on or about
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the first (1 st) and fifteenth (15) of each month. An account is considered delinquent (1) when not
paid within thirty-two (32) days of the citation date if the defendant failed to appear as promised ("no
shows"); (2) the date a payment agreement becomes delinquent or (3) the date any granted extension
ends. City agrees to pay Law Firm as compensation for services required under this Contract,
twenty-three percent (23%) of all monies actually collected and paid to the City on all delinquent
cases/accounts during the term of this Contract. The City shall pay over said funds monthly by
check. No other amounts will be paid by the City to Law Firm. The City is not responsible for
postage, telephone charges, or any of Law Firm's expenses in performing under this Contract.
4.1 No funds will be paid to Law Firm unless defendant's payment was a result of Law Firm's
actions under this Agreement. For example, if defendant is arrested and is brought to Municipal
Court to resolve outstanding cases. no compensation will be paid to Law Firm. All payments on
delinquent accounts are assumed to be a result of Law Firm's actions unless specifically refuted by
City.
4.2 If there is a dispute between City and Law Firm regarding whether Law Firm is due
compensation in a particular case, the City will not pay Law Firm until issue is resolved between the
parties.
4.3 No penalties will be assessed to City for late payments.
4.4 No additional costs will be assessed to the City for the collection of delinquent accounts as
defined herein.
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V. Collection Goals
5.0 The Law Firm agrees to work with the Contract Administrator to set reasonable collection
goals and meet quarterly with the Contract Administrator to monitor and report on the progress of
collection efforts achieved.
VI. Scope of Services
6.0 Law Firm will bill defendants for all Municipal Court fines and court costs in accordance
with the contract documents which are incorporated by reference as if set out fully herein, and all
applicable federal. state and local laws and regulations.
6.1 Law Firm will direct defendants to make all payments directly to the City Municipal Court.
Law Firm will not collect any monies for the City.
6.2 Law Firm' s collection process will be reviewed and approved by the Contract Administrator,
but Law Firm will be responsible for compliance with all laws.
6.3 Law Firm will provide Contract Administrator copy of employee orientation / training
manuals. where applicable. Contract Administrator will have review of all correspondence and
scripts used by Law Firm's collection staff.
6.4 Law Firm covenants that the customer service employees handling the City's accounts will
be familiar with the City of Corpus Christi Municipal Court requirements for acceptance of fines as
provided by the City to Law Firm.
6.5 Law Firm will coordinate mail outs with the Contract Administrator
6.6 At the end of the each year of the Contract. Law Firm will provide a cover letter to City's
Contract Administrator with listing of cases that are deemed uncollectible by the Law Firm. Law
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Firm will give its reasons why each case is uncollectible. Law Firm will also inform Contract
Administrator of applicable laws which govern disposition of uncollectible court fines.
6.7 Law Firm will maintain a toll free telephone number for customers to call.
6.8 All complaints regarding the collection process will be referred to Law Firm for resolution.
6.9 Law Firm will provide notification of all disputes or complaints raised by defendants
regarding the collection process within five business days to Contract Administrator. Law Firm will
provide Contract Administrator with written or electronic statement of the resolution.
6.10 Law Firm will provide new addresses for defendants to Contract Administrator on a monthly
basis.
VII. Management Reports
7.0 Law Firm must keep and maintain all required reports and make those reports available to
the Contract Administrator at all reasonable times. Law Firm agrees to keep such other records and
in the form as the Contract Administrator may reasonably require and to make them available at the
Contract Administrator's request. The initial list of Management Reports required herein will be
addressed at a subsequent meeting between Law Firm and the City Contract Administrator and will
be incorporated and attached as Exhibit A.
VIII. Data Transfer
8.0 City will transfer its Municipal Court case data to Law Firm via FIP Internet transfers. Law
Firm will provide the Contract Administrator with access to a secured FTP site/server at no cost to
the City.
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8.1 All data is the property of the City. Law Firm will not release the data without the written
approval of the Contract Administrator. Law Firm will return all data to the Contract Administrator
within 30 days after termination or expiration of this Contract.
8.2 City shall provide Law Firm with the data necessary to collect the fees and fines that are
subject to this Contract. Law Firm does not assume or accept responsibility for the integrity andlor
accuracy of City's data.
IX. Notices
9.0
Notices.
All notices required or permitted herein must be in writing and are deemed
to be delivered when deposited in the United States mail, postage prepaid. certified mail, return
receipt requested, as follows:
If to City:
Municipal Court Director
P.O. Box 9277
Corpus Christi. TX 78469-9277
(361) 886-2568
1fto Law Firm:
LINEBARGER. HEARD, GOGGAN, BLAIR. GRAHAM, PENA, & SAMPSON, L.L.P.,
500 N. Water, Suite 1111
Corpus Christi, TX 78471
(361) 888-6898
Attn: Paul Daniel Chapa. Partner
X. Compliance with Laws
10.0 Law Firm and City must comply with all applicable federal, state, and city laws and
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regulations in perforn1ing this Contract. Law Firm will file required reports and comply with City
conflict of interest provisions.
XI. Bond and Insurance Requirements
11.0 Law Firm covenants to maintain bonding and insurance coverages as required in Exhibit B.
XII. Contract Administrator
12.0 The Contract Administrator designated by the City is responsible for approval of all phases
of performance and operations under this Contract including authorizations for payment. All of Law
Firrn's notices or communications regarding this Contract must be directed to the Contract
Administrator. who is the Municipal Court Director, or designee.
XIII. Independent Contractor
13.0 Law Firm will perform the services hereunder as an independent contractor and will furnish
such services in its own manner and method. and under no circumstances or conditions may any
agent, servant, or employee of Law Firm be considered as an employee of the City.
XIV. Indemnification
14.0 Law Firm shall release, defend. indemnify and hold harmless the City, its agents and
employees from and against any and all claims. losses. damages. causes of action, suits and liability
of every kind. including all expenses of litigation. court costs and attorney' s fees, arising out of or
in connection with the negligent acts and/or omissions of the Law Firm. its officers. agents, or
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employees under this Contract. Law Firm is expressly required to defend City against all such
claims. The indemnity provision of this contract shall have no application to any claim or demand
which results from the sole negligence or fault of City, its officers, agents. employees or contractors.
And furthermore. in the event of joint and/or shared negligence or fault of City and Law Firm,
responsibility and indemnity, if any, shall be apportioned in accordance with Texas law and without
waiving any defenses of either party. The provisions of this paragraph are intended for the sole
benefit of the parties hereto and are not intended to create or grant any right, contractual or
otherwise, to any other persons or entities.
14.1 Law Firm will be given prompt written notification of any claims, loss, damage, suit or
liability of any kind and shall have the right to defend such action through use of its own counsel.
In its sole discretion, City shall have the right to select or to approve defense counsel to be retained
by Law Firm in fulfil1ing its obligation hereunder to defend and indemnify City, unless such right
is expressly waived by City Manager in writing. City reserves the right to provide a portion or all
of its own defense, however. City is under no obligation to do so. Any such action by City is not to
be construed as a waiver of Law Firm's obligation to defend City or as a waiver of Law Firm's
obligation to indemnifY City pursuant to this Contract. Law Firm shall retain City approved defense
counsel within seven (7) business days of City's written notice that City is invoking its right to
indemnification under this Contract. If Law Firm fails to retain Counsel within such time period,
City shall have the right to retain defense counsel on its own behalf, and Law Firm shall be liable
for all costs incurred by City.
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XV. Insurance
15.0. Before activities can begin under this Contract, Law Firm's insurance company(ies) must
deliver a Certificate of Insurance. as proof of the required insurance coverages and the fidelity bond
to the Municipal Court Director and Risk Manager. Additionally, the Certificate must state that the
Municipal Court Director will be given at least 30 days notice of cancellation, material change in the
coverages, or intent not to renew any of the policies by certified mail. The City must be named as
an Additional Insured. The City Attorney must be given copies of all insurance policies within 15
days of the City Manager's written request therefor. Insurance requirements are attached and
incorporated as Exhibit B, and may be revised annually by the City Manager upon 30 days written
notice to Law Firm.
XVI. Fiscal Year
16.0 All parties recognize that the continuation of any contract after the close of any fiscal year
of the City, which fiscal year ends on July 31 annually. is subject to appropriations and budget
approval providing for such contract item as an expenditure in that budget. The City does not
represent that the budget item will actually be adopted, that determination is within the sole
discretion of the City Council at the time each budget is adopted.
XVII. Assignment
17.0 This Contract shall be binding upon the parties. their legal representatives, successors, and
assigns. This Contract must not be assigned without prior written consent of the City Council.
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XVIII. Venue
18.0 The laws of the State of Texas shall govern the interpretation. validity. performance and
enforcement of this Contract. The parties agree that this Contract is performable in Nueces County,
Texas and that exclusive venue shall lie in \;ueces County. Texas.
XIX. Amendments
19.0 Except as specifically provided otherwise in this agreement. any alterations, additions, or
deletions to the terms of this agreement shall be by amendment hereto in writing and executed by
both parties to this agreement. Modifications which do not change the essential scope and purpose
of this Agreement may be approved on behalf of the City by the City Manager or designee.
XX. Entirety.
20.0 The entire Contract of the parties is contained herein and this Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof.
XXI. Severance.
21.0 The provisions of this Contract are severable. If any paragraph, section, subdivision,
sentences, clause. or phrase of this Contract is for any reason held to be contrary to the law or
contrary to any rule or regulation having the force and effect of the law, such decisions does not
affect the remaining portions of the law. such decisions does not affect the remaining portions of the
Contract. However, upon the occurrence of such event. either party may terminate this Contract by
giving the other party 60 days written notice This Contract is executed in duplicate originals, any
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one of which. or a true copy thereof. have the same evidentiary value.
In Witness Whereof, the parties have executed this Contract by signature below. The
effective date of this Contract shall be the date of City Council approval.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
George K. Noe, Deputy City Manager
Legal form approved ~ ~
,2001; James R. Bray, Jr., City Attorney.
By: ~~
Lisa Aguilar, Assistant City Attorney
By:
Title:
OGGAN, BLAIR, GRAHAM, PENA & SAMPSON, L.L.P
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CITY COUNCIL
AGENDA MEMORANDUM
Date: April 6, 2001
AGENDA ITEM: Resolution approving the creation of and the articles of incorporation of the
South Texas Electric Project, Inc.
ISSUE: Electric deregulation under Senate Bill 7 in the 1999 Legislature allows cities and other
entities to aggregate their electric load for purposes of purchasing electricity more economically.
One statutory method for doing this is the creation of a political subdivision corporation under
Chapter 303 of the Local Government Code.
As we advised you previously by memo (attached), on March 23,2001 we hosted a meeting of CPL
area cities to discuss aggregation. The consensus was that the cities should proceed together to
aggregate electric load through a political subdivision corporation. Corpus Christi has a long history
of working with other cities in the CPL service are on electric regulatory matters. Corpus Christi
would be one of the incorporators with Mark McDaniel on the Board of Directors. This would give
us a start in assimilating information necessary to formulate RFPs and to determine the best
combination of entities for aggregation.
Around the end of April, we would like to bring Geoffrey Gay to make a full presentation to the
Council on the statutory and economic issues surrounding aggregation. However, we would like to
get this corporation created now to expedite the necessary gathering of information. This does not
preclude the City from subsequently deciding to take another path.
RECOMMENDATION: Approval of resolution as submitted.
'>e . ~9J-...
Ron Massey, Assistant City Ma
r
,~~~~ .
Mark: McDanie , Director, Mgt & Budget
IJRB0504.001
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RESOLUTION
APPROVING THE CREATION OF AND THE ARTICLES OF
INCORPORATION OF THE SOUTH TEXAS ELECTRIC PROJECT, INC.
WHEREAS, the City of Corpus Christi desires to explore the benefits of electric aggregation
under Senate Bill 7, 1999 Legislature.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
The creation of and the Articles ofIncorporation of the South Texas Electric Project, Inc.,
a substantial copy of which is attached hereto and incorporated herein as Exhibit A, are hereby
approved.
ATTEST:
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED THIS THE b DAY OF A f v: (
,2001:
James R. Bray, Jr., City Attorney
_~R ~)
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Jimm'f Bray~ -[)raft Artic:~s_of_lncorp.o.~ation-south texas electric proJect_d~_.~__~___
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ARTICLES OF INCORPORATION
OF
SOUTH TEXAS ELECTRIC PROJECT, INC.
ARTICLE ONE
The corporation will conduct business under the name South Texas Electric Project, Inc.
ARTICLE TWO
The period of its duration is perpetual.
ARTICLE THREE
The corporation is a non-profit political subdivision corporation under Chapter 303, Texas Local
Government Code, entitled "Energy Aggregation Measures for Local Governments." as
amended.
ARTICLE FOUR
The corporation has been organized for the purposes of purchasing electricity, aiding or acting on
behalf of its members with respect to their own electricity use for their respective public facilities
and that of their citizens, negotiating on behalf of its members for the purchase of electricity,
making contracts for the purchase of electricity, and taking any other actions necessary to
purchase electricity for use in the public facilities of the political subdivision or subdivisions
represented by the corporation, and for all other purposes as may be pennilled by law for political
subdivision corporations.
ARTICLE FIVE
EXHIBIT
I ,A
..
JimlTlxBray -_DraftAril(;les of Incorporation-south texas electric project_.doc
Page 2
_H______~__._____ ___
The street address for the corporation's initial registered office is Lloyd, Gosselink. Blevins.
Rochelle, Baldwin & Townsend, P.c., III Congress Avenue, Suite 1800. Austin, Texas 78701,
and the registered agent for the corporation at this address is Geoffrey M. Gay.
ARTICLE SIX
The corporation shall have members. Membership shall be determined under the terms and
conditions provided in the corporation's bylaws.
ARTICLE SEVEN
The direction and management of the affairs of the corporation and the control and disposition of
its properties and funds shall be vested in a Board of Directors composed of such number of
persons, but not less than three, as may be fixed by the bylaws. Until changed by the bylaws, the
original number of directors shall be nine (9). The names and addresses of the persons who are
to serve as Directors of the corporation until their successors are duly elected and qualified are:
I.
James Darling
City of McAllen
P.O. Box 220
McAllen, Texas 78505-0220
4.
Larry Dovalina
City of Laredo
P.O. Box 579
Laredo, Texas 78042-0579
2.
Mark McDaniel
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469
5.
Hector M. Hinojosa
City of Kingsville
P.O. Box 1458
Kingsville, Texas 78364
3.
Denny Arnold
City of Victoria
P.O. Box 1758
Victoria, Texas 77904
6.
William O. Lamb
City of Pleasanton
P.O. Box 209
Pleasanton, Texas 78064
2
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.........
Jimmy Bray - Draft Articles of Incorporation.south texas electric project_.doc
_______ . _P:3!!e.3.
-_._---~---~_._----------_._--
7. Sunny Philip
City of La Feria
115 E. Commercial Avenue
La Feria, Texas 78559
8. James D. Roberts
City of Charlotte
P.O. Box216
Charlotte, Texas 78011.0216
9. Richard Browning
City of Edna
126 West Main
Edna, Texas 77957
ARTICLE EIGHT
The bylaws of the corporation shall be adopted by the Board of Directors and shall be approved
by the governing body of each political subdivision for which the corporation is created. The
governing bodies of at least three political subdivisions have approved these articles and the
bylaws of South Texas Electric Project, Inc. by resolution, ordinance or order.
ARTICLE NINE
The names and addresses of the incorporators are:
l.
James Darling
City of McAllen
P.O. Box 220
McAllen, Texas 78505-0220
3.
Denny Arnold
City of Victoria
P.O. Box 1758
Victoria, Texas 77904
2.
Jimmy Bray
City of Corpus Christi
P.O. Box 9277
Corpus Christi. Texas 78469
4.
Larry Dovalina
City of Laredo
P.O. Box 579
Laredo, Texas 78042-0579
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MEMORANDUM
From:
David R. Garcia, City Manager
Jimmy Bray, City Attorne~
Aggregation Meeting
To:
Subject:
Date:
March 23, 2001
Today we hosted a meeting of cities within the CPL service area on the subject of aggregation.
Geoffrey Gay made a presentation about the controlling law under Senate Bill 7 and PUCT
regulations. A copy of his power point presentation is attached, along with the sign-in sheet for
attendees. Ron Massey, Mark McDaniel, and I attended for the City.
The consensus was that cities within the CPL service area should proceed together to aggregate
electric load to maximize bargaining strength in the potentially competitive market. This would be
done through the vehicle of a corporation established pursuant to Senate Bill 7. Corpus Christi,
Laredo, McAllen, and Victoria would be incorporators. Mark McDaniel would be our representative
on the board of directors. Cities would contribute on a per capita basis for necessary consultant
studies to formulate RFPs, which is a matter of considerable complexity in this market. This
organization of CPL area cities would also be exploring possibly combining with other entities in
our area or other areas of the State to put together the most viable package. We are scheduling
another cities meeting for April 13.
We would come to the Council on April 1 0 for approval of Corpus Christi as an incorporator.
cc: George K. Noe
Ron Massey
Mark McDaniel
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March 23, 2001
AGGREGATION
OPPORTUNITIES FOR MUNICIPALITIES
AND POLITICAL SUBDIVISIONS
PRESENTATION TO
CITIES SERVED BY CPL
GEOFFREY M. GAY
LLOYD, GOSSELINK, BLEVINS,
ROCHELLE, BALDWIN & TOWNSEND, P.C.
P. O. Box 1725
Austin, Texas 78767
(512) 322-5800
(512) 472-0532 (Fax)
RETAIL ELECTRIC
COMPETITION
Geoffrey M. Gay
Lloyd, Gosselink, Blevins, Rochelle,
Baldwin & Townsend, P.C.
March 23, 2001
;,:';::: l;{:<')1,':;~:-~?tfflY" '.
PRESENT A nON TO
CITIES SERVED BY CPL
1
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RETAIL ELECTRIC
COMPETITION
Retail Electric Competition Commences
January 1, 2002
Deregulated
Post-S.B. 7
I Affiliated
GENCO
Competitive Power
Generators
T&D Utility
egulated t
Power
End User
..j\c,t.
Payment .~",e<."e<
C"
e"\
I~:::i~:t~:atl ~~~
POLR
Competitive REPs
Aggregators
(buyers' agents)
Deregu a e
2
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RETAIL ELECTRIC
COMPETITION
Price to Beat Customers
6% reduction to January 1,1999, bundled
price, adjusted for fuel costs, available to
residential and small commercial customers.
Price protection possible for up to 5 years.
RETAIL ELECTRIC
COMPETITION
;"'<;~';2'j:Fr:~.
All Other Customers
Must select services from among retail electric
providers (REPs) who may price products as
they wish.
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RETAIL ELECTRIC
COMPETITION
:,,';;;tt'tf~
o tions for Addressin Customer Choic
I. Do nothing - accept price to beat and accePt
offered by incumbent utility's affiliated REP for
unprotected load.
2. Independently negotiate with various REPS for service to
total city load or alternatively, non-price to beat load.
3. Create a bargaining unit with other political subdivisions to
maximize market strength
a. private aggregation
b. public aggregation
RETAIL ELECTRIC
COMPETITION
Is Price to Beat Necessaril the Best C
1. Higher fuel prices will be charged during summer;
2. Fuel prices may negate 6% price reduction;
3. Protection will ultimately expire;
4. Aggregation of total load may lead to lower total electric
bill than reliance on price to beat;
5. Utilities may appeal rule.
4
RETAIL ELECTRIC
COMPETITION
':~'::{::';;!;!~~'A;;r
Information for Economic Analvsis
. Annual cost and average price per kWh.
. Account-by-account spreadsheet of monthly data:
Consumption
Demand
Cost
Tariff with applicable riders
. Analysis of price to beat vs. non-price to beat.
RETAIL ELECTRIC
COMPETITION
City ofIrving Example
. 408 Electric Accounts
. Approximately $2.7 million annually
. 2-5 accounts with market exposure have current
cost of $600,000 to $ 1.2 million
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RETAIL ELECTRIC
COMPETITION
Issues to Consider
. Can aggregation of all load lower total e ectric costs?
. Can reliance on price to beat and aggregation of non,
price to beat load produce a favorable result?
. Is the price fixed? For how long? Who assumes the risk
of fuel price volatility?
. Who controls the project?
RETAIL ELECTRIC
COMPETITION
-'.q:J~!""'0'
Issues to Consider ( cont.)
. What are the opportunities for serving future needs:
. citizen aggregation
. adding additional load
. Are load management discounts available?
. Are subsidies apparent?
. How is the aggregation project financed?
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RETAIL ELECTRIC
COMPETITION
cc:sr:cc::\',::~V!!i:'
Options for Aggregation
1. Hire a private aggregator.
2. Form your own political subdivision corporation.
3. Join an established political subdivision
corporation.
. CAPP
. TWCA
. TCA (Tarrant & Dallas Counties)
. Houston Galveston COG
RETAIL ELECTRIC
COMPETITION
'c
. Investigate the viability of a statewide citIes'
aggregation project versus smaller regional projects;
. Investigate whether cities' aggregated load presents an
attractive profile to potential suppliers; and
Ifnot, whether cities should aggregate with other
political subdivisions;
Goals of Cities A
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RETAIL ELECTRIC
COMPETITION
'~""1t
. Evaluate whether only the non-price to beat load
should be aggregated;
. Test whether it is possible to secure enough municipal
participation to influence price; and
. Obtain the best possible economic package for
participating cities.
Goals of Cities A re ation Power Pro'b
RETAIL ELECTRIC
COMPETITION
",,','_:J.:!f'rW~
Cost of Participation in CAPP
. 1/2 of 1 % of 2000 electric cost;
. Capped at $14,000;
. to be refunded in administrative charges after 2003;
and
. covers start-up costs, load data analysis, RFP
preparation, contract negotiation.
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Overview To Aggregation
Aggregation involves the joining of two or more electric customers into a single
purchasing unit to purchase electricity. By joining together, these customers purchase a greater
amount of electricity, and can negotiate for reduced electric rates because of their higher
combined demand. An aggregator actively joins these customers together, but except in the case
of political subdivision aggregation, does not take title to and may not resell electricity. An
aggregator will turn the purchasing unit it creates over to a REP. In Rule g25.l11, which was
recently adopted by the PUC, there are two different classes of aggregators. A Class I aggregator
is a person who joins customers other than municipalities and political subdivisions into a single
purchasing unit, while a Class II aggregator is a person or municipality who provides
aggregation services to municipalities or other political subdivisions. The rule also provides for
the requirements that the aggregators must meet, as well as the registration requirements for
aggregators. An aggregator may not be a REP. In regard to municipalities and political
subdivisions, there are four separate classes: a person that aggregates municipalities and/or
political subdivisions, a political subdivision corporation that aggregates political subdivisions, a
public body that aggregates for its citizens who request the service, and an administrator of
citizen aggregation. In addition to PUC Rule g25.IIl, Local Government Code g303 also
provides requirements for aggregation by political subdivisions for other political subdivisions
and/or the citizens of the political subdivisions. Aggregation is addressed in the Public Utility
Regulatory Act gg39.353, 39.354, and 39.3545.
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STATUTORY CONCEPTS FOR MUNICIPAL AGGREGATION
1. An aggregator is a person joining two or more customers, other than municipalities and
political subdivisions, into a single purchasing unit to negotiate the purchase of electricity from
retail electric providers (REPs).
Municipalities are not persons and cannot be aggregators.
Aggregators cannot sell or take title to electricity. PURA 939.353
2. A municipal aggregator is a person authorized to by two or more municipal governing
bodies to create a single purchasing unit to negotiate with REPs or aggregation by a municipality
under the Local Government Code. PURA 939.354
3. A political subdivision aggregator is a person or political subdivision corporation
authorized by two or more political subdivision governing bodies to join the bodies into a single
purchasing unit to negotiate with REPs to serve facilities of the bodies or aggregation by a
person or political subdivision under the Local Government Code. PURA 939.3545
4. Aggregation by Political Subdivision Corporations
Political subdivision may include county municipality, hospital district or other political
subdivision receiving electricity from an entity participating in retail competition.
Political subdivisions join together to create a political subdivision corporation to act as
agent for the political subdivisions with respect to their own electricity use for their
respective public facilities.
The corporation may negotiate, contract, and purchase electricity. It is not constrained to
dealing a specific REP or turning its participants over to a REP.
The Corporation may recover its expenses through dues or a per kWh aggregation fee, or
a combination of both.
The Corporation may appear on its own behalf before regulatory agencies, the courts or
the Legislature.
The Corporation has all powers under the Non-Profit Corporation Act.
Local Government Code 9303.001
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REGISTRATION UNDER THE COMMISSION AGGREGATION RULE
Aggregation - to join two or more electricity customers into a purchasing unit to negotiate the
purchase of electricity by the electricity customer as part of a voluntary association of electricity
customers, provided that an electricity customer may not avoid any non-bypassable charges or
fees as a result of aggregating its load.
There are two classes of Aggregators:
Class I private
Class II public
Class I aggregators may never take title and must turn customers over to an REP. A Class I
aggregator may not be a REP or an affiliate of a REP.
There are four types of Class II aggregators:
(A) Class lIA: A person that aggregates municipalities, political subdivisions, or
both. May not take title. Negotiates with REPs to save load of public facilities.
(B) Class lIB: Political subdivision Corporation. Negotiates the purchase of
electricity from REPs, but may take title.
(C) Class IIC: Public Body that aggregates its cll1zens by a means that can
establish after the fact that participants affirmatively volunteered. A third party or
another aggregator may administer the program under contract with the City.
(D) Class lID: Administrator of citizen aggregation. A person with written
authorization from a political subdivision to administer aggregation on behalf of
citizens. Must register unless an employee of the political subdivision. May not
be a REP.
Registration Requirements of a Municipality or Political Subdivision or Corporation (Class lIB
and IIC):
1. Name;
2. Address;
3. Names and addresses of officers;
4. Affiliates and subsidiaries;
5. Customer service representative;
6. Regulatory contact;
7. Types of electricity party intends to aggregate; and
8. Any other information required on the registration form.
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Notes and Comments
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