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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) ~ .. 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) , ,.. 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) ~ .'- CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~.o 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 ,... 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 , . 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 - \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 ____0.. \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. ************* . 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 . -' 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. * * * * * * * * * * * * * -I 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 -' 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: " 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 --1 Minutes - Regular Council Meeting 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 ._..T-....._....._~--_. .. Minutes - Regular Council Meeting March 27, 2001 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 -1 ~. Minutes - Regular Council Meeting March 27, 2001 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: -.-, -~. Minutes - Regular Council Meeting March 27,2001 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 T 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." --1 Minutes - Regular Council Meeting March 27, 2001 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. -, Minutes - Regular Council Meeting 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 ._---........ Minutes - Regular Council Meeting March 27, 2001 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. ~ Minutes - Regular Council Meeting March 27, 2001 Page 15 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." , --~._---'------' Minutes - Regular Council Meeting March 27,2001 Page 16 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 ~ ,. 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 -"r . 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 F,M, 624 So.n Po. tricio County ~ N NUECES ACRES LIFT STATION 11513 HEAVEN DR. NUECES BAY liS S? ~ -< " " "" <[ CJ "" z o w '-' Cl ':i: HEAVEN DR. W l- I- <[ CJ Ll :J ....J <[ Ll "" MALLARD "" I- W ....J CJ :> H'w'Y 44 "" "" w - N :z w ~ Ll ::0: :z <[ L:l "" CJ ::0: "" :z <[ "" "" CJ CJ :- "" "" <[ ....J Ll AGNES .,., 3: ..... '" w "" "" I- cJ CCIA :I: ~ Ll CJ ,., :I: I- :::> CJ '" Nueces County "" CJ CJ :- "" "" <[ ....J ~ LOCA TION MAP NOT TO SCALE 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 ~ -- - - - - CITY OF CORPUS CHRISTI, TEXAS -.'..'.,. .~< 6 ...--.'....,-_._..__0 ~ 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 , .------....', -~ 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 , .. 8 , . 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 .. ~ 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 . .. 9 --, - 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 . . <~ ~Q.fS'Dt",I" k'~'1O .. I$/-S' , 'r~~~, ,0111=1, ;':,- ...'i<-~'<~"d~ -:-?};'l:tiriV/ /""Co,j ~~:!i ~~si-;' ~ 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 \ ^-" "- 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 \Mproject\ councilexhibits \exh6152.dwg I r, <s'~ 1110 "J , ~, ~ ~-i'a ~<' "-' ~ ~ <: @ ~ II) "' S. STAPLES CENTER SUNRISE MALL Cl ~ Q:: ~ -.J !);; '<( GULFWAY SHOP. CENTER Sou 7;y .0""0 ~~ Ot?/~ Cl ~ Q:: ~ 91 '<( 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 = , .' \Mproject\councilexhibits \ exh6152.dwg PEAR'01l1f I =r T T. IT 'fl"!= T1= I - e.--: ~(\\.,\~ =t:::~ ~~~...-' - I-- ---- y / I- - I-- ~ :/..' -I-- f- _ ~K __ '- - f-- -tlr~f!P- -- - - f- - '"' -- - - f- - I:., ~ __ _ - f- - - - - -I-- _ - f- - - - - _I-- _ 1--- __ __I-- ~ Q ~ a:: f3 a:: 0 J: I-- lI) I-- ~ ~ ;::) I-- (:> :5 - ~ =9 -' - I f-- '1== I-- l- f- PURDU HUSTLIN HORNET DRIVE NEW RIGHT TURN LANE Q ~ a:: :2: o a:: Q ..... ~ FLOUR BLUFF ELEMENTARY SCHOOL -c I\. r--.: e-- e-- f-- f-- f-- e-- h I Till // J-- ><\ RI E f-- f-- r---:.. I 11-'~/f Ef I I I'"\~ f--- I--- f--- I--- ~ M= e-- e-- e-- e-- e-- ~ III Cl GLENOAK DRIVE STORM DITCH ~ - f-- . . "t:::::: I I-- . . - I I ~onk~C ~ ~~'S GLENOAK I. I. -.J 1.1. I II1I '1/11 CIP PROJECT No. 6152 LOGA TION MAP NOT TO SCALE 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 LA/2300.082 April 5. 200 I (11 :53am) - 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 LA/2300.082 April 5,200 I (I 1:53am) 2 ----r . 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. LA/2300.082 April 5, 2001 (II :53am) 3 1 .' 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 LA/2300.082 April 5, 200 I (I 1:53am) 4 -r - 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. LA/2300.082 April 5. 2001 (11 :53am) 5 . ." 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 LA/2300.082 April 5, 200 I (I 1:53am) 6 . 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 LA/2300.082 April 5, 200 I (II :53am) 7 . . 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. LA/2300.082 April 5, 200 I (II :53am) 8 T 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. LA/2300.082 April 5. 200 I (II :53am) 9 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 LA/2300082 April 5, 200 I (II :53am) 10 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 LA/2300.082 April 5, 200 I (I 1:53am) II 13 -'''T -. . ~. 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 . .' 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 ~) l1RB0504.002 -"-"' Jimm'f Bray~ -[)raft Artic:~s_of_lncorp.o.~ation-south texas electric proJect_d~_.~__~___ Page 1 -_._~~ 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 ~_.._._--~--------------~--'--------._._---~--_._---.---- ......... 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 3 . .. 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 IJRB31 00.00 1 , .' 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 ~. 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 ". 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. 3 ~ -' 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 5 .' 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? 6 T . 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 7 --, , 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. 8 - 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. 9 ~. 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 10 ~ - . . . 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. 11 - . t0o.. "'^ -<L E""t; it PL",""C' r;~~ I :::""'I~ {.,"IM U-" t, 5(,1/<i'6CJ-5'J7Cf, j'-~I.~,,0..~~~~~,=< ~74oRMHJI..J'Jo',q k\NGSv1U.A2 51:~>'ii}o')-... hMhl"'DJb5@IUT~()Al IJJASlafM .J!ji1'P"" filL- sq.t-- ~bd? it J:-ti~u..@.ltrlnJ#IH..Il.( Mffe&J ~;;rfZ.- tV-t.s/aco (1S&)96J'-"JI3/ ftf-hrneC) @.Glc.nef.nE A1,~~ ;:::i:.t'1""~ JI.#/-77'- -'2..7/ ~ ~~/...o< <'*\.e~qJ'" {()lfIt~tJ ~ f!<?t7'X;?"f-/1 &O-~'7--3~C7 j0'04-r'~ Ml-Z ~~o\ b(.( I("~ i3u /'/"(, %~;) r;~~7.eoJ(S"..I,".....,.....: kaye.JL ~2- G~3fLa~!{~ ('I$t6)A7-~~1 .--- LOJb!I &V~;,) c..;t,!cfbN'~( ~3clelol-~gO'l i!...'\.,"\.A'J~":'f{JdeJie, -\Q..e..~vl rY\a......t- ;(\e~ C. :~ofr;,+'t- ~~I)::) dJ' -3~-/ J.. ~tf~.6 ~~~4ll<'~ (:y~)%t:J-a~"f7 cY~(syll:. 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