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Agenda Packet City Council - 09/16/2003
CITY COUNCIL AGENDA SEPTEMBER 16, 2003 Corpus Christi 2003 / 1:45 P.M. - .Proclamation declaring September 17-23, 2003 as "National Constitution Week" At Your Service" City Staff R~cognition Program Swearing-in ceremony for newly appointed Board, Commission and Committee members Swearing-in ceremony for Municipal Court Judge AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD SEPTEMBER 16, 2003 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 pmvide~ an opportunity to address the Council at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be linlited 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 didgirse al Concilio y cree que su ingl&s es limitado, habra un int~rprete ingl~s-espa~ol 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 approp#ate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. Invocation to be given by Father Jose Angel Ortiz, Our Lady of Perpetual Health Catholic 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 Melody Cooper Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Manager George K. Noe Acting City Attorney R, Jay Reining __ City Secretary Armando Chapa E. MINUTES.'. 1. Approval of Regular Meeting of September 9, 2003. (Attachment # 1) Agenda Regular Council Meeting September16,2003 Page 2 BOARDS & COMMITTEE EXPLANATION OF COUN For administrative convenienc as motions, resolutions, or ord Council will use a different mei finally pass an ordinance by ratherthan a two reading ordin A motion to reconsider may b last regular, or a subsequer incorporated herein for recons, item. [PPOINTMENTS: (NONE) ACTION: =~, certain of the agenda items are listed nances. If deemed appropriate, the City ~od of adoption from the one listed; may adopting it as an emergency measure ~nce; or may modify the action specified. =. made at this meeting of a vote at the t special meeting; such agendas are deration and action on any reconsidered CONSENT AGENDA Notice tO the Public The following items are of a routine o1~ administrative nature. The Council has been furnished with background andisupport material on each item, and/or it has been discussed at a prewous meeting. All items will be acted upon by one vote without being discussed sepa~'ately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual considerationiin its normal sequence afterthe items not requiring separate discussion have b~en 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 en all motions, resolutions and ordinances not removed for individual consideration) Motion approving the purchase of one commercial delivery van from Lawrence Marshall Ford-Mercury, L.P. of Hempstead, Texas in accordance with Bid Invitation No. BI-0003-04 for a total amount of $33,868 based en best bid. The van will be used by Senior Community Services and is a replacement unit. (Attachment # 2) Resolution authorizing the City Manager or his designee to accept a grant in the amount of $117,975 from the Texas Department of Health to fund essential pUblic health services such as disease investigation, laboratory services and environmental health services. Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September16,2003 Page 3 3.b. Ordinance appropriating agrant in the amount of $117,975 from the Texas Department of Health in the No. 1066 Health Grants Fund to fund essential public health services such as disease investigation, laboratory ~ervices and environmental health services. (Attachment # 3) 4.a. Resolution authorizing the City Manageror his designee to accept a grant in the amount of $2~2,500 from the Texas Department of Health to fund analysis of sea water from those bays used to harvest shellfish for human consumption. (Attachment # 4) Ordinance appropriating a grant in the amount of $22,500 from the Texas Department of Health in the No. 1066 Health Grants Fund to fund analysis of sea water from bays used to harvest shellfish for human consumption. (Attachment # 4) Resolution authorizing the City Manager or his designee to accept a grant in the amount $600,000 from the Texas Department of Health for the Women, Infants, and Children (WIC) Program for FY 2003-2004, based on a $10.45 reimbursement for each participant served. (Attachment # 5) Ordinance appropriating a renewal grant in the amount of $600,000 from the Texas Department of Health in the No. 1066 Health Grants Fund for the !Women, Infants and Children 0NIC) Program for FY 2003-2004, based on a $10.45 reimbursement for each participant served. (Attachment # 5) Motion authorizing the City Manager or his designee to accept a grant in the amount of $78,900 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the cenlinued operation of the Technical Assistance Negotiated Grant Program administered bythe South Texas Library System, which is located at the Corpus Chdsti Public Library for the State iFY 2003-2004. (Attachment # 6) Ordinance appropriating a grant in the amount of $78,900 from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund for a full-time computer repair technician for public libraries within the South Texas Library System. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend et the end of the agenda summary) Agenda Regular Council Meeting September16,2003 Page 4 ! 7.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $6351691 and to execute a contract and all related documents with the Texas State Library and Amhives Commission for continued pperation of the South Texas Library System located at the ~Corpus Christi Public Library. (Attachment # 7) / 7.b. Ordinance appropriating a ! rant in the amount of $635,691 from the Texas State Library an( Archives Commission for continued 9.b. operation of the South Te: Library Grants Fund. (Atta, Motion authorizing the City grant in the amount of $127 related documents with th~ Commission for the contin[ Referral Center located at (Attachment # 8) Ordinance appropriating a ! the Texas State Library an{ of the Interlibrary Loan R Library System administere in the No. 1068 Library Ref :as Library System in the No. 1068 :hment # 7) Manager or his designee to accept a 226 and to execute a contract and all ; Texas State Library and Archives ed operation of the Interlibrary Loan ~e Corpus Christi Public Library. rant in the amount of $127,226 from Archives Commission for operation .~ferral Center by the South Texas .1 by the Corpus Christi Public Library .~rral Fund. (Attachment # 8) Motion authorizing the City a contract with the Tex Regulatory Services for fun the Community Youth Dew Code for projects as reco~ Development Steedng (Attachment # 9) Manager or his designee to execute 3s Department of Protective and :ling in the amount of $426,000 from ~lopment Program for the 78415 ZIP nmended by the Community Youth :ommittee for FY 2003-2004. Ordinance appropriating $426,000 from the Texas Department of Protective and Regulatory Services in the No. 1060 Community Youth Development Grant Fund to fund the Community Youth Development Program in tile 78415 ZIP Code for FY 2003-2004. (Attachment # 9) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 16, 2003 Page 5 Motion authorizing the City a subcontract with Commur $241,643 to provide servic{ ZIP Code. (Attachment # ~c Motion authorizing the City a subcontract with the Parl amount of $17,000 to provi the 78415 ZIP Code. (Atta, Motion authorizing the City a subcontract with the Boys in the amount of $45,957.3( to 17 in the 78415 ZIP Co, Manager or his designee to execute ities in Schools, Inc. in the amount of ,s for youth ages 6 to 17 in the 78415 ~lanager or his designee to execute and Recreation Department in the Je services for youth ages 6 to 17 in :hment # 9) Manager or his designee to execute and Girls Club of Corpus Chdsti, Inc. I to provide services for youth ages 6 .~. (Attachment # 9) 9.f. Motion authorizing the City Manager or his designee to execute a subcontract with the YMCA of Corpus Chdsti in the amount of $37,586.69 to provide services for youth ages 14 to 17 in the 78415 ZIP Code. (Attachment # 9) 10.a. Motion authorizing the CitytManager or his designee to accept a grant in the amount of $57,855 from the State of Texas, Criminal Justice Division for continUation funding available under the Violence Against Women Act (VAWA) Fund and to execute all related documents. (Attachment# 10) 10.b. 11. Ordinance appropriating $57,855 from the State of Texas, Criminal Justice Division inthe No. 1061 Police Grants Fund for continuation funding available underthe Violence Against Women Act (VAWA) Fund and appropriating $7,250 from the No. 1061 Law Enforcement Trust Police Grants Fund as matching funds. (Attachment # 10) Motion authorizing the City!Manager or his designee to execute Amendment No. 1 to a contract for professional services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $256,500 for Capital Improvement Program Project Development Assistance. (Attachment # 11) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 16, 2003 Page 6 12. 13. 14. 15. 16.a. 16.b. Motion authorizing the City Amendment No. 1 to a co Goldston Engineering, Inc amount of $299,575 for C~ Development Assistance. Motion authorizing the Cit Amendment No. 1 to a co Shiner, Moseley & Associat, amount of $516,863 for tl~ Beatty Coastal Habitat Manager or his designee to execute ~tract for professional services with . of Corpus Christi, Texas in the Ipital Improvement Program Project Attachment # 12) Manager or his designee to execute ltract for professional services with ;s, Inc. of Corpus Christi, Texas in the a Packery Channel Project - Mollie Community Monitoring Plan. (Attachment # 13) Motion authorizing the City Manager or his designee to execute Change Order No. 2 wth Reynolds Inliner, LLC of Baytown, Texas in the amount of $4(~,622 for the Broadway Basin SSO-I/I and Rehabilitation Stage 2i- Remova and Rep acement of 15- inch sanitary sewer on Pal0 Alto Street. (Attachment # 14) Motion authorizing the City Manager or his designee to execute a contract with Alan Plummf~r Associates, Inc. of Austin, Texas in an amount not to exceed $6~),400 for the Greenwood Wastewater Treatment Plant Water Effects Ratio Study of Copper in Oso Creek. (Attachment # 15) Motion authorizing the City supplemental grant in the States Bureau of Recla improvements and enhan Nueces River Project, Tex~ Vlanager or his designee to accept a amount of $5,000 from the United mation for site specific security cements at Choke Canyon Dam, s. (Attachment # 16) Ordinance appropriating ~5,000 of grant proceeds from the United States Bureau of Reclamation in the No. 1052 Water Grants Fund to provide site specific secudty improvements and enhancements at Choke Canyon Dam, Nueces River Project, Texas; and amending the Mo. 1052 Water Grants Fund Budget by increasing appropriations by $5,000. (Attachment #16) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~,) Agenda Regular Council Meeting September16,2003 Page 7 17. Second Reading Ordinanc Bayfest, Inc. approved by festival and related activit seawall along Shoreline Bo~ the convention center coml: waters and the vacant city Chaparral and Water Stree years 2003 and 2004. (Attachment # 17) I. REGUI.~_ CONSIDERATION OF MOTIONS, R Motion authorizing the City an amendment to the Con,' the City of Corpus Christi ar Visitor's Bureau to allow th the Corpus Chdsti Intema~ Regional Tourism Counci member to the bureau's Be 18. Motion authorizing the City I annual contribution of $5( participation in and suppor South Texas Military Facilit: 19. ~= - Amending a five-year lease with 3rdinance No. 023972 to conduct a es on the sidewalks, medians and Jlevard from Interstate Highway 37 to lex, the barge dock and adjacent bay lock bounded by Resaca, Fitzgerald, ls (premises) and to revise dates for First Reading - 08/19/03) AGENDA =-SOLUTIONS, AND ORDINANCE-~ J. PUBLIC HEARINGS: Manager or his designee to execute ;ulting Services Agreement between d the Corpus Chdsti Convention and ~ City of Corpus Chdsti on behalf of ional Airport and the Coastal Bend each to appoint one non-voting ard of Directors. (Attachment # 18) vlanager or his designee to make the 1,000 to continue the City's active for the mission and activities of the es Task Force. (Attachment # 19) 20.a. Public Headng to determin~e the advisability of establishing the proposed Rodd Field P~blic Improvement District. (Attachment # 20) 20.b. First Reading Ordinance - Determining advisability, nature and cost of improvements; determining district boundaries, assessment method and al~portionment of costs between district and city as a whole; approving and filing preliminary assessment roll; and authorizing and ~stablishing the Rodd Field Public Improvement District. (Attachment # 20) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summaq/) Agenda Regular Council Meeting September16,2003 Page 8 21 .a. 21 .b. 22. 23. 24. 25. L. STREET CLOSURE: Public headng to consider square foot portion of Benbr public right-of-way) out of Encinal Farm and Garden; Ordinance vacating and ab~ of Benbrook Drive (an unde~ out of Lot 13, Section 19, Garden Tracts; subject conditions and the owner r, at its expense. (Attachme~ ZONING CASES: (NONE PRESENTATIONS: Public comment will not be sc Bayfe~ 2004 (No Attach~ Fourth Quarter FY 2002-2( (Attachment # 23) Bond Issue 2000, Quarterl South Wharf Project -Prc PUBLIC COMMENT FRO NOT SCHEDULED ON TI APPROXIMATELY 5:30 COUNCIL MEETING. WH LIMIT PRESENTATIONS TO ADDRESS THE COU! PLEASE SIGN THE FORk CHAMBER, GIVING YOU~ recording is made of the meeting; located at the podium and state y or other information pertaining t~ Secretary.) vacating and abandoning a 19,144 )ok Drive (an undeveloped dedicated _or 13, Section 19, Flour Bluff and 'facts. (Attachment # 21) ndoning a 19,144 square foot portion eloped dedicated public right-of-way) Flour Bluff and Encinal Farm and o compliance with the specified platting the property within 180 days t#21) ~ited on Presentation items. ant) 34 BudgetJPerformance Report Report No. 9 (Attachment # 24) ,sed Land Use (Attachment # 25) THE AUDIENCE ON MATTERS IE AGENDA WILL BE HEARD AT ~.M. OR AT THE END OF THE ICHEVER IS EARLIER. PLEASE O THREE MINUTES. IF YOUPLAN IClL DURING THIS TIME PERIOD, I AT THE REAR OF THE COUNCIL ' NAME, ADDRESS AND TOPIC. (A therefore, please speak into the microphone )ur name and address. If you have a petition , your subject, please present it to the City Si usted se didge a la junta y cree que su ingl&s es limitado, habr& un interprete ingl~s-espat~ol en la reunion de I~ junta pare ayudade. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September16,2003 Page 9 26. 27. 28. PER CITY COUNCIL POLIi PERSON, OR MEMBEI~ BERATE, EMBARRASS PERSONAL DISRESPEC STAFF, COUNCIL MEME COUNCIL MEETING. TJ RESTRAIN A CITIZEN'S EXECUTIVE SESSION: PUBLIC NOTICE is given th~ executive session at any tim( any matters listed on the agen the Open Meeting Act, Chapt and that the City Council si: session on the following matte into executive session rega~ ;¥, NO COUNCIL MEMBER, STAFF $ OF THE AUDIENCE SHALL ACCUSE, OR SHOW ANY T FOR ANY MEMBER OF THE ERS, OR THE PUBLIC AT ANY IlS POLICY IS NOT MEANT TO IRST AMENDMENT RIGHTS. ,t the City Council may elect to go into during the meeting in order to discuss fa, when authorized by the provisions of ;r 551 of the Texas Government Code, scifically expects to go into executive rs. In the event the Council elects to go ding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session under Texas Govemment Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation, et al, No. 96-12-7404-A, 107h District Court, Cameron County, Texas; the remaining related claims of the City of Corpus Chdsti against PG&E's successor, Gulf-I'erra Texas Pipeline, L.P. and other entities; and similar claims of the City of Corpus Christi against o{ther similar entities with possible discussion and action in open session. Executive session under Texas Government Code Section 551.071 regarding CCMCAi Inc., a Texas Corporation vs. City of Corpus Chdsti, Case No. C-03-170, in the United States Distdct Court for the Southern Dis~ct of Texas, Corpus Chdsti Division with possible discussion and action in open session. Executive session under Texas Government Code Section 551.071 regarding potential claims against the City's former third party administrator, former stop loss carrier and the stop lost carrier's administrator with possible discussion and action in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September16,2003 Page10 29. / Executive session under~exas Govemment Code Sections 551.071,551.072 and 551.087 regarding the South Wharf Project in the Corpus Christi Marin~ with possible discussion and action related thereto in open ses~sion. / REPORTS: J The following reports include questions by Council to Staff regarding City policies or activities; req£ est by Council for information or reports from Staff; reports of activities constituent concerns; current ; assignments; scheduling of fu other brief discussions regain 30. CITY MANAGER'S REPOF * Upcoming Items 31. MAYOR'S UPDATE 32. COUNCIL AND OTHER R~ O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the C to Cit~ Hall, 1201 Leopard Street of individual Council members and Staff; opics raised by media; follow-up on Staff ~ure Council meetings and activities; and ing city-related matters. ~T !PORTS ~s official bulletin board at the front entrance at 2:15 p.m., September 12, 2003. City Secretary CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September16,2003 Page 11 NOTE: The City Council Agqnda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, thp agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 9, 2003 - 11:14 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Melody Cooper Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott CiW Staff: City Manager George K. Noe Acting City Attomey R. Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Charles R. Graffof St. Luke's United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. City Secretary Chapa called the roll and verified that the necessar~ 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 August 26, 2003. A motion was made and passed to approve the minutes as presented. Mayor Neal announced the iexecutive sessions, which were listed on the agenda as follows: Executive session under Texas Government Code Section 551.071 regarding CCMCA, Inc., a Texas Corporation vs. City of Corpus Christi, Case No. C-03-170, in the United States District Court for the Southern District of Texas, Corpus Christi Division with possible discussion and action in open session. Executive session under Texas Government Code Sections 551.071, 551.072 and 551.087 regarding the South Wharf Project in the Corpus Christi Marina with possible discussion and action related thereto in opan session. Executive session pursuant to Texas Government Code Section 551.074 to interview candidates for and deliberate the appointment of a Municipal Court Judge with possible discussion and action related thereto in open session. 1 Minutes - Regular Council Meeting September 9, 2003 - Page 2 The Council went into executive session. The Council returned from executive session and the following motions were passed as follows: MOTION NO. 2003-306 ! Motion authorizing the City Manager to continue employment of The Rangel Law Firm, P.C. to represent the City of Cprpus Christi regarding the sexually oriented business ordinance at an hourly rate not excegding $150, subject to certification of funds. The foregoing motion w~s passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott voting "Aye". 5. MOTION NO. 2003-307 Motion appointing John t~ank III as Judge of the Municipal Court of Corpus Christi, Texas and setting his salary at $58,500 to a term coterminous with that of the City Council. The foregoing motion wgs passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 6 and the following board appointments were made: Business Resource Center Comnlittee Roland Barrera (Reappointed) Lamont Taylor (Reappointed) Anne Drier (Appointed) Efrain Franco (Appointed) John Garcia (Appointed) Carlos Martinez (Appointed) Carole L. Peterson (Appointed) David W. Yoskowitz, Ph.D. (Appointed) Coastal Bend Council of Governments Council Member Bill Kelly (Reappointed) Council Member Javier Colmenero (Reappointed) Council Member Henry Garrett (Reappointed) Council Member Mark Scott (Reappointed) City Manager George K. Noe (Reappointed) Water Superintendent Ed Garaha (Reappointed) Clif Moss (Reappointed) Corpus Christi Convention and Visitors Bureau Curt L. Broomfield (Appointed) Mechanical/Plumbing Advisory Board Bob Hughes (Appointed) Nueces County Community Actign Agency Mayor Samuel L. Neal Jr. (Reappointed) Council Member Javier Colmenexo (Reappointed) Council Member Jesse Noyola (Reappointed) Minutes - Regular Council Meeting September 9, 2003 - Page 3 Mayor Neal called for cons Chapa announced that Council Mem 17. Council members requested tha the audience. A motion was made consent agenda, except for Items 11 Secretary Chapa polled the Council! for their votes and the following items were passed ideration of the consent agenda (Items 7-19). City Secretary >er Noyola was abstaining from the vote and discussion on Item Items 11 and 12 be discussed. There were no comments from and passed to approve Items 7 through 19, constituting the and 12, which were pulled for individual consideration. City as follows: 7. MOTION NO. 2003-308 Motion authorizing the CityiManager or his designee to execute a construction contract with Jalco, Inc. of Houston, Texas in the amount of $372,100 for the J.C. Elliott Landfill - Oso Creek Low Water Crossing Repairs. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye". 8. MOTION NO. 2003-309 Motion authorizing the City Manager or his designee to execute a contract for professional services with Chuck Anastos Associates, Inc. of Corpus Christi, Texas in the amount of $96,043 for the Facility Improvements Project. (Removal of Architectural Barriers) The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9.a. ORDINANCE NO. 025459 Ordinance appropriating $33,335.08 from the unreserved fund balance in the No. 5110 Maintenance Service Fund to provide funding for vehicle maintenance lif~s for the Maintenance Service Center; amending the FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 by increasing appropriations by $33,335.08. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting 9.b. MOTION NO. 2003-310 Motion authorizing the CiW Manager or his designee to execute a construction contract with Progressive Industries of Chicago, Illinois in the amount of $33,335.08 for the Maintenance Service Center New VehiCle Lites and Lffi Relocations. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Ktnnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting September 9, 2003 - Page 4 10. MOTION NO. 2003-311 l Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the Unite~ States Geological Survey (USGS), United States Department of the Interior for the contint~ation of surface w,ater data collection and limited studies by the United States Geological ~urvey for the City s water supply activity; and providing for the City to pay the United S~ates Geological Survey the amount of $183,475 out of a total project cost of $242,250 d~ring the federal fiscal year October 1, 2003 through September 30, 2004. The foregoing motion wa Cooper, Garrett, Kelly, Ki 13.a. MOTIONNO. 2003-314 Motion authorizing the Ci $42,000 from the Corpt reimbursement of costs inc~ 1, 2002 - September 30, 20 with the approved Metrop Work Program. ; passed with the following vote,:, Nea, l, Chesney, Colmenero, ~nison, Noyola and Scott, voting Aye '. :y Manager or his designee to accept a grant in the amount of s Christi Metropolitan Planning Organization (MPO) for [rred by the Development Services Department between October )3 for transportation planning and related studies in accordance >litan Planning Organization FY 2002-2003 Unified Planning The foregoing motion wa~ passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 13.b. ORDINANCE NO. 02546([ 14. Ordinance appropriating $42,000 from the Corpus Christi Metropolitan Planning Organization in the No. 1065 Street Grants Fund for the Corpus Christi Unified Furore Land Use Map Project for FY 2002-2003. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". ORDINANCE NO. 025461 Ordinance authorizing the expenditure of funds in the amount of $968,085 as a transfer from the No. 1020 General Fund to the No. 1067 Park and Recreation Grant Fund; and appropriating $968,0§5 in ~e No. 1067 Park and Recreation Grant Fund as City matching funds for the Senior CommUnity Services Program. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting September 9, 2003 - Page 5 15.a. MOTION NO. 2003-315_ Motion authorizing the Cit~ $803,589 from the Area Ag Community Services, Elderl Fund. The foregoing motion was Cooper, Garrett, Kelly, Kin~ 15.b. ORDiNANCE NO. 025462 Ordinance appropriating a g of the Coastal Bend for the F in the No. 1067 Park and R 16.a. 16.b. Manager or his designee to accept a grant in the amount of ency on Aging of the Coastal Bend for the FY 2003 Senior Nutrition Program in the No. 1067 Park and Recreation Grant passed with the following vote: Nea,!, Chesney, Colmenero, ,son, Noyola and Scott, voting Ay . :ant in the amount of $803,589 from the Area Agency on Aging Y 2003 Senior Community Services, Elderly Nutrition Program rreation Grant Fund. An emergency was declar{d, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO. 2003-316 Motion authorizing the City Manager or his designee to execute all documents necessary to accept and implement the FY2003 Consolidated Annual Action Plan for Community Planning and Development (CPD) Programs that include the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and Home Investment Parmership Programs (HOME). The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". ORDINANCE NO. 025463 Ordinance appropriating $7,685,714 in the No. ! 059 Community Development Block Grant Fund for the FY2003 COnsolidated Annual Action Plan for Community Planning and Development Program projects/activities that includes 1) $4,219,000 for FY2003 Community Development Block Grant (CDBG) projects, $700,000 of program income; $734,152 ofreprogrammed funds; 2) $170,000 for FY2003 Emergency Shelter Grant (ESG) activities; and 3) $1,862,562 for FY2003 Home Investment Partnership (HOME) Program for projects/activities approved by the City Council on May 20, 2003 by Resolution No. 025309. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colrflenero, Cooper, Garrett, Kelly, Kinnison,Noyola and Scott, voting / Minutes - Regular Council Meetii~g September 9, 2003 - Page 6 17. 18.a. ORDINANCE NO. 025464 Authorizing the City ManSger or his designee to execute and agreement with Aeronautical Radio, Inc. to lease space containing approximately 56 square feet located in the lower level of the terminal for the main :enance and operation ofaeronantical communication equipment providing air/ground date ¢ommunications to aircraft on the ground and en route within 200 nautical miles from Corpu ~ Christi, subject to compliance with all applicable federal, state and local laws and regulat ons in consideration of payment of $39.85 per square foot on a monthly basis for a term !up to five years. (First Reading - 6/10/03) The foregoing ordinance v~as passed with the follow,,ing v,,ote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Ki~nison, and Scott, voting Aye; Noyola abstained. 1 ORDINANCE NO. 02546~ Amending the Code of O~dinances, City of Corpus Christi by redesignating Chapter 15, Emergency Management~as Chapter 16, Emergency Management and renumbering the sections; and providing for penalties. (First Reading - 8/26/03) The foregoing ordinance Was passed with the following vot,e,: Ne,a, 1, Chesney, Colmenero, Cooper, Garrett, Kelly, Kignison, Noyola and Scott, voting Aye . 18.b. ORDINANCE NO. 02546~5 Amending the Code of O~dinances, City of Corpus Christi by redesignating Chapter 14, Elections, as Chapter 15, Elections and renumbering the sections. (First Reading - 8/26/03) The foregoing ordinance Was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Ki/lnison, Noyola and Scott, voting "Aye". 18.c. MOTION NO. 2003-317 Motion to amend prior to s~cond reading the ordinance amending the Code of Ordinances, City of Corpus Christi by designating Chapter 14 as Development Services, "by deleting the fee for commercial buildirlg site plan reviews and making other editorial corrections and changes". The foregoing motion wa~ passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kianison, Noyola and Scott, voting "Aye". 18.d. ORDINANCE NO. 025467 Amending the Code of Ordinances, City of Corpus Christi by designating Chapter 14 as Development Services; adopting the 2003 International Building Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code and Residential Code for One and Two-Family Dwellings as the City's Building, Energy Conservation, Fuel, Gas, Mechanical, Plumbing and Residential Codes; adopting the 2002 National Electrical Code as the City's Minutes - Regular Council Meetin~ September 9, 2003 - Page 7 Electrical Code; adopting the City's Flood Hazard Prevention Code; establishing provisions relating to the regulations of~excavation activities, fill materials, control of Aeolian soils and solid waste at construction sites; amending the requirements for storm water management plans; and establishing the Development Services' fee schedules and providing for penalties. (First Reading - 8/26/03) The foregoing ordinance w~ts passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kimaison, Noyola and Scott, voting "Aye". 18.e. ORDINANCE NO. 025461~ 18.f. Amending Chapter 13, Code of Ordinances, City of Corpus Christi by repealing and reserving Articles I, IV, V and VI and by renaming the title of the chapter to Chapter 13, Code Enforcement, Housing and Housing Premises Standards and Neighborhood Improvement and providing for penalties. (First Reading - 8/26/03) The foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". ORDINANCE NO. 025469 Amending Chapter 21, Code of Ordinances, City of Corpus Christi by repealing and reserving Article VI and ptoviding for penalties. (First Reading - 8/26/03) The foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 19. ORDINANCE NO. 025470 Ordinance revising Section 18-1, Fire Prevention Code of the City Code of Ordinances by incorporation of the International Fire Code, 2003 Edition; and providing for penalties. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting Mayor Neal opened discussion on Item 11 regarding street closures for Bayfest 2003. Council Member Chesney stated that he was abstaining from the vote and discussion on this item. City Secretary Chapa stated that this item was being amended to correct a number of dates. A motion to amend Item 11 as recommended by staffwas made, seconded and passed. 11. MOTION NO. 2003-312 Motion approving the application fi'om Bayfest, Inc. to temporarily close the following street sections for the Bayfest 21)03, September 19-21, 2003. a. Northbound Shoreline Boulevard (inside lane only) from the north right-of-way of Minutes - Regular Council Meeting September 9, 2003 - Page 8 Power Street median crossover (exclusive of the median crossover at Power Street) to Fitzgerald Streel beginning at 9:00 a.m., Wednesday, September 10, 2003 through 5:00 p.m., Friday, September 12, 2003 and from 6:00 a.m., Monday, September 15, 2003 through 5:00 p.m., Wednesday, September 17, 2003. Southbound Shoreline Boulevard (full closure) from the south right-of-way of Fitzgerald Street tgthe north fight-of-way of Power Street beginning at 9:00 a.m., Wednesday, Septe~nber 10, 2003 through 5:00 p.m., Tuesday, September 23, 2003. Northbound Shore ine Boulevard (full closure) between north right-of-way line of Power Street and the north right-of-way of Fitzgerald Street from 2:00 p.m., Thursday, Septeml ~er 18, 2003 through 6:00 a.m., Monday, September 22, 2003. North Water Street, full closure) between Fitzgerald Street and Palo Alto Street from 8:00 a.m., Thursda ~, September 18, 2003 through 6:00 a.m., Monday, September 22, 2003. Palo Alto Street, east half between North Water Street and southbound Shoreline Boulevard; Fitzgel'ald between North Water Street and Shoreline Boulevard; and North Water Street~ south half between Fitzgerald and Resaca Street fi.om 8:00 a.m., Thursday, Septeml~er 18, 2003 through 6:00 a.m., Monday September 22, 2003. The foregoing motion wa~ passed as amended with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinmson, Noyola and Scott, voting Aye; Chesney abstmned. Mayor Neal opened discussion on Item 12 regarding the Fire Station No. 4 "Percent for Art" Project. Council Member Kinnis~)n asked how much money was being allocated to this project. City Manager Noe replied that it ~vas $5,000, equal to one and one-quarter (1-1/4) percent of the construction cost, in accordance with the ordinance. Mr. Kinnison questioned the wisdom of funding art projects for these type~ of locations. He asked if the projects were placed in a manner here the public would actually see ~em. City Manager Noe replied that the last fire station project, on Staples near Doddridge, was visible from the outside. Mr. Kinnison questioned whether these types of projects were truly contribating to the community. He asked City Manager Noe to look into this matter before Bond 2004 to See if the Percent for Art Program still served its purpose. He suggested that the monies could go into a general art fund rather than be mandated for each construction project regardless of' its location and nature. City Manager Noe said that he would schedule a discussion on the Percent for Art Program, including a dialogue with the Arts & Cultural Commission, before Bond 2004 12. MOTION NO. 2003-313 Motion authorizing the appointment of an ad hoc peer panel to the Arts and Cultural Commission consisting .of art professionals and community peers to make a recommendation for the Fire Station No. 4 "Percent for Art" project. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnisnn, Noyola and Scott, voting "Aye"; Cooper was absent. / Minutes - Regular Council Meeting September 9, 2003 - Page 9 Mayor Neal opened discussion on Item 20 regarding the 2003 Tax Levy. Ms. Constance Sanchez, Acting Director of Financial Services, explained that this item provided for the adoption of the tax rate, discussed at the public hearing on August 26, 2003. She said that staff, was recommending approval. City Mai~ager Noe added that this was the same rate that existea prior to this year, and for the last several y~ars. Mayor Neal asked for public comment. Mr. J.E. O'Brien, 4130 Pompano, said that since valuations had increased, the tax rate should be decreased. City Secretary Chapa polled the Council for their votes as follows: 20.a. ORDINANCE NO. 025471 Ordinance prescribing the taxes to be levied, assessed and collected by the City of Corpus Christi, Texas for tax year 2003 and for each succeeding year thereafter until otherwise provided and ordained and :such other years as the same may be applicable. The foregoing ordinance ,~as passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 20.b. MOTION NO. 2003-318 Motion approving the 2003 Tax Levy of $57,640,112 based on the adopted tax rate of $0.644175 per $100 valuation in accordance with Section 26.09(e) of the Texas Property Tax Code. The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kilanison, Noyola and Scott, voting "Aye". Mayor Neal called for a short recess so that he could present proclamations. The Council returned from recess, and Mayor Neal opened discussion on Item 21 regarding the assessments for the Birmingham and Lyons Street Improvements Project. Mayor Neal asked for the purpose of this item. Mr. Angel Escobar, City Engineer, replied that in the original preliminary assessment roll, there were several driveways that were extra-width that the property owners wished not to include. Also, he said that these assessments reflected the final quantities of the project. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 0254?2 Ordinance amending Ordinance No. 024973 passed and approved on July 23, 2002 by amending Section 3 to adopt the final assessment roll and assessments to be levied against Minutes - Regular Council Meeting September 9, 2003 - Page 10 the owners of property abutting on the following streets: Birmingham and Lyons Street Improvements Project- Birmingham Street from Aii'line Road to Lyons Street and Lyong Street from Airline Road to end of street. The foregoing ordinance, vas passed with the following vote: Neal, Chesney, Colmenero, Cooper, Kinnison, Noyol~ and Scott, ' voting 'Aye", Garrett and Kelly were absent. Mayor Neal opened discu ~sion on Item 22 regarding the assessments for Woodlawn Drive Street Improvements Project. Th, ~re were no comments from the audience. City Secretary Chapa polled the Council for their votes~as follows: 22. ORDINANCE NO. 0254~3 Ordinance amending Ordlnance No. 024905 passed and approved on June 11, 2002 by amending Section 3 to adopt the final assessment roll and assessments to be levied against the owners of property ab/atting on the following street: Woodlawn Drive Street I~nprovements Project-Woodlawn Drive from South Padre Island Drive (SPID) Westbound Frontage Road to McArdle Road. The foregoing ordinance Was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 23 regarding a resolution in remembrance of the victims of the terrorist attacks on September 11, 2001. City Manager Noe said that staff thought it was appropriate to recognize the Second anniversary of this event in two ways. Fimt, he said that staffwas asking that flags fly at half-staff. Second, he asked that people pause for a moment of silence at 8:59 a.m. in remembrance of those killed in this incident. He asked Fire ChiefAdame to report on the other events that the Fire Department would be holding to honor the victims. Chief Adame said that the Fire Department would pause for a moment of silence at 8:59 a.m. on Thursday at headquarters as well as at all tile fire stations in the city. He said that the ringing of the bell signifying that a fire fighter had been lost would also take place at that exact time. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. RESOLUTION NO. 025474 Resolution in remembrance of the victims of the terrorists attacks on the United States on September 11, 2001 and recognition of the critical role of first responders in reducing the casualties from such attacks. The foregoing resolution was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal called for a brief recess. Minutes - Regular Council Meetin~ September 9, 2003 - Page ! 1 The Council retumed from r~cess. Mayor Neal referred to Item 24, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0703-08, AVE, lng: A change of zoning from an "I-2" Light Industrial District to an "I-3" Heavy Industrial District on Goldston Addition, Block 1, Lot 7 located north of Interstate Highway 37 and 200 feet east of Goldston Road (County Road 51-A). City Secretary Chapa said that the Planning Commission was recommending the denial of a "I-3" Heavy Industrial District while staff was recommending the approval of the same district. Mayor Neal asked Mr. Michael Gunning, Director of Planning, to make a presentation. Mr. Gunning said that AVE, Inc. was requesting the change in zoning to enable them to continue their adult business operation. Mr. Gunhing said that the business met the criteria for an adult business use according to the city's laws other than the zoning itself. He said that the business was at least 1000 feet away from residential p~operties and at least 1500 feet from another sexually oriented business, as required by ordinance. Acting City Attorney Reining commented that the city has been involved in litigation with AVE Inc. He said that as part of the settlement negotiations, the applicant was being encouraged to by staff to try to rezone the property from "I-2" to "I-3". He said that staff strongly recommended that their application be granted. Mayor Neal asked City Secretary Chapa to clarify what the Council would be voting on in this case. Mr. Chapa replied that the Council would be voting on the ordinance as requested by the applicant and as recommended by staff. No one appeared in opposition to the zoning change. A motion was made, seconded and passed to close the public hearing. Council Member Kelly commented that he understood that there was a recent case in San Antonio that was quite similar to this case. Acting City Attorney Reining replied that there was a case in San Antonio regarding the purchase of sexually oriented material by customers for off- premises viewing. He said that at this point, staffdid not know whether it completely applied to this case, but he said it was a close legal issue. Mr. Kelly commented that the ease appeared to be relevant for the city's consideration in pending litigation, and Mr. Reining agreed. City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 0254715 Amending the Zoning Ordinance upon application by AVE, Inc. by changing the zoning map in reference to Goldston Addition, Block 1, Lot 7 from "I-2" Light Industrial District to "I- 3" Heavy Industrial Distriat; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting September 9, 2003 - Page 12 Mayor Neal referred to Iiem 25, and a motion was made, seconded and passed to open the public hearing on the following :toning case: Case No. 0703-07, Holt Industrial District to an "] and Lot 6 located south, Drive. Company of Texas: A change of zoning from an "I-2" Light -3" Heavy Industrial District on Cormar Industrial Tracts, Lot 1R ~f South Padre Island Drive and 1,300 feet north of Greenwood ,, City Secretary Chapa sai~ the Planning Commission and staff recommended the approval of a 1-3" Heavy Industrial District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close t~e public hearing, seconded by Mr. Colmenero, and passed. Council Member Noyolalasked if the tanks would be above ground. Mr. Gunning replied affirmatively, saying that they were existing tanks that staff was trying to bring them into compliance with the fire code aad the zoning ordinance. If the Council approved the change in zoning, Mr. Gunning stated that lhe case would then go before the Zoning Board of Adjustment to be approved as a hazardous use.. Mr. Chapa polled the Colmcil for their votes as follows: 25. ORDINANCE NO. 025476 Amending the Zoning Ordinance upon application by Holt Company of Texas changing the zoning map in reference to Cormar Industrial Tracts, Lots 1R and 6 from "1-2" Light Industrial District to "I-37 Heavy Industrial District; amending the comprehensive plan to account for an deviationsi from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting Mayor Neal referred to Item 26 regarding the Landry's Memorandum of Understanding/Marina Development. He announced that the Council would go into executive session on this item under Texas Government Code Sections 551.071, 551.072 and 551.087 with possible discussion and action ir~ open session. The Council returned from executive session. Mayor Neal referred to a recent press release from the Landry's Restaurant headquarters in Houston, TX, which stated that the company was withdrawing their bid to redevelOp the Corpus Christi T-heads and downtown marina. He said that Landry's stated that the decision to withdraw the bid was made without regard to the expected vote by the Corpus Christi City CounCil. ! Minutes - Regular Council Meetin~ September 9, 2003 - Page 13 Mayor Neal made the following motion, which was seconded by Council Member Garrett: 26. MOTION NO. 2003-319 Motion to direct the City Manager to respond in writing to the Chairman of Landry's accepting their withdrawal from the continued negotiations on the development of the marina area. / The foregoing motion was l~assed unanimously (9-0). Mayor Neal made a motion to table to this item indefinitely, seconded by Council Member Garrett. Acting City Attorney Reining explained that this meant that the item could not be placed back on the agenda in the future unless requested by the majority of the Council. The motion was passed unanimously (9-0). Mayor Neal called for the City Manager's report. City Manager Noe introduced Mr. Marc Solis, the new General Manager selected by SMG for the city's convention center and new arena. Mr. Solis said that SMG was comnlitted to creating a strong partnership with the city. He said that he looking forward to the challeng~ and opportunities that lay ahead. Most importantly, Mr. Solis said that he was looking forward tO bringing first-class entertainment to Corpus Christi. Council Member Scott told Mr. Solis that a number of organizations were interested in speaking with him about advertisilag and marketing opportunities. He noted that the arena was scheduled to open in 12 months, an~l that Mr. Solis needed to move quickly. Mr. Solis agreed, and said he would be making contacts in the community to assist him in this endeavor. City Manager Noe commented that Mr. Solis was quite experienced in the entertainment industry, saying that he had brought Cher, Santana, Elton john, Shakira and Manfi to Laredo, where he formerly worked. Mr. Solis said that he would be using the muscle of SMG to bring these types of acts, as well as sporting events, to Corpus Christi as well. He said that the objective was to promote the arena to all of South Texas. He assured the Council that the arena would open with a big bang. Council Member Kinnison welcomed Mr. Solis to Corpus Christi. He asked him to meet with the Council at some point to discuss the time tables involved in the negotiations with the local hockey team and with Texas A&M University- Corpus Christi, and the sale of luxury boxes. He also said that he hoped one of Mr, Solis's responsibilities would be to develop an operating pro forma for the first year, and he was looking forward to seeing it as it developed. Mr. Solis said that they were on the same page regarding these issues. Council Member Noyola also welcomed Mr. Solis to Corpus Christi. Mr. Noyola said that the Council had great expectations for the arena and for SMG. He said that he hoped that SMG would work with local promoters and businesses to bring good entertainment to the city. He wished Mr. Solis the best of luck in this ex~deavor. Council Member Scott asked for a status report on the naming rights of the arena. City Manager Noe replied that there was a principal prospect that has hired a firm to represent them in Minutes - Regular Council Meeting September 9, 2003 - Page 14 negotiations with SFMG. He sai~ that the company's name needed to remain confidential. City Manager Noe stated that the process should be finalized within the next 60 days. City Manager Noe also stated that staffhad distributed draft copies of the Fourth Quarter report for the Council's review. I~e said that the report would be discussed at next week's meeting. Mr. Noe said that next week's cot~ncil meeting agenda would include the following items: public hearing on Rodd Field Public Irgprovement District; presentation on Bayfest; update on base closures from the city's consultanl, Steve Karlakeas; and a Bond 2000 update. Mayor Neal called for Cow to look into a constituent complain to send letters of appreciation to ti and beverages during Hurricane C in the City Manager's transmittal overlooked. He asked staff to foil Council Member Cooper ~ raised a concern that the Wednesda for commercial users that are not o spoken with Mr. JeffKaplan, Dire was impacted could contact Solid to provide this information to the ncil concerns and reports. Council Member Noyola asked staff about animal control issues. He also said that he had asked staff e vendors that had provided the EOC with complimentary food laudette. He noted there ~vere letters to a number of companies report, but he thought that some organizations may have been )w-up and ensure that all the organizations were sent letters. tated that at last night's town hall meeting, an individual had '-Saturday trash pick-up schedule could prove to be problematic ~en on Saturdays. City Manager Noe replied that he had already :tor of Solid Waste, about this matter. He said that anyone who Naste to make alternate arrangements. Ms. Cooper asked staff ~ublic. Mayor Neal asked for petitions from the audience. The following individuals spoke in support of the city's decision to e~nd negotiations with Landry's: Mr. Michael Pendleton, 1400 Ocean Drive; Ms. Connie Vallie,:302 Waverly; Ms. Frances Bailey, 730 Alden Drive; and Mr. David Noyola, 909 Marie Circle. Mr. Bill Kopecky, 3609 Topeka, spoke regarding his concerns about the construction of the arena and the problems with the seats in the SBC Center. Mr. Curt Broomfield, owner of South Beach Grill, spoke regarding the need for development in the downtown area. Mayor Neal announced that a preliminary meeting for the Co-Chairpersons of the Charter Revision Committee was scheduled for this Thursday. He said that there were some Council members who had still not appoinl~ed representatives to the committee. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 2:45 p.m. on September 9, 2003. 2 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one commercial delivery van from Lawrence Marshall Ford-Mercury, L.P., Hempstead, Texas in accordance with Bid Invitation No. BI-0003-04 for a total amount of $33,868 based on best bid. The van will be used by Senior Community Service and is a replacement unit. Fund are available through Federal/State Grant Funds and Senior Community Seruices. Purpose: Bid Invitation Issued: The !vehicle will be used by Senior Community Services for delivery of hot meals to area senior centers. Foufleen Bids Received: Pricing Analysis: Three The last unit of this type was purchased in 1999 at a cost of $30,460. Award Basis: Best iBid - The City received three bids. Champion Ford, Corpus ChriSti, Texas requested to withdraw their offer due to a mistake in pricing and therefore their bid was not evaluated. Of the other two bids received, neither bid met all aspects of the specification. However, the terms and conditions submitted with the bid invitation allows the City to consider and accept an alternate bid when most advantageous to the City. The bid received from Law~'ence Marshall Ford-Mercury L.P., Hempstead, Texas best matches the majority of the specifications, is the apparent low bidder and complies with the delivery requirements of the specifications. Funding: Federal/State 530300-1067-00000-810803 $31,500 Senior Community Services Fund 530300-1067-00000-810710 2,368 p rioCchu~rr{em3eX~ea~r a~ CG'eP~/r ~1 S er vi c e s M an ager Total $33,868 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION Bid Invitation No. BI-0003-04 Commercial Delivery Van Buyer: Maria Garza VENDOR LAWRENCE MARSHALLFORD-MI HEMPSTEAD, TEXAS CROSSTOWN FORD CORPUS CHRISTI, TEXAS ~RCURY, L.P. TOTALPRICE $33.868.0~0 $34,992.00 CiTY OF CORPUS CHRISTI MAINTENANCE SERVICES DEPARTMENT TO: FROM: SUBJECT: DATE: Mike Barrera, P~ Chris Mckec, V~ Bid Evaluation ~ August 27, 200! Bid Item 1 (Commercial Cab ~ Recommend best bid for the roi Ford Commercial Cab a each for a total of $33,8 Hempstead, Texas. ~curement and General Services Manager hicle and Equipment Specialist 31-0003-04) Commercial Cutaway Van d Chassis with PDV Body) towing purchase: ad Chassis with Supreme PDV Body priced at $33,868.00 18.00 bid by Lawrence Marshall Ford-Mercury of Funding: State Grant ($~1,500.00), Remaining mount will be paid by City of Corpus Christi matching funds. Unit is a replacement itg'm. Buy History-Last purchased in 1999 for $30,460.00. Discussion: Low Bidder, champion Ford pulled their bid because of a mistake in their bid price. Their bid did not reflect the cost of the diesel engine which is a $6,000 to $7,000 option. Both of the oth{r two bidders took exception to one or more items on the specification sheets. Lawrencei Marshall Ford-Mercury was the closest to meeting all specifications and had the lowest bid of the two responsive bidders. Both bidders took exception to the 300 H.P. diese~ engine which will not be available until December. Because of our November delivery deadline, they were forced to bid the current standard diesel engine which is 215 H.PI Both bidders also took exception to the 138" wheel base. Once again because of our tighl delivery deadline, the bidders were unable to order the chassis from the factory and had to bid a chassis that was available from the body company with a 158" wheel ba~e. These exceptions will not detract from the usability of the vehicle and I recommend we accept the vehicle as bid. 3 ENDA MEMORANDUM AGENDAITEM: Item A: A resolution authorizin accept a grant from the Texas I essential public health services environmental health services. Item B: An ordinance approprial in the No. 1066 health grants fun investigation, laboratory servic~ emergency. ISSUE: The Health Departmenl 2004 with the Texas Departmer with $117,975.00 in financial a,~ public health services. Services ~ and surveillance, laboratory se~ $18,696.00 in direct assistance City Council Action Date: September 16~ 2003 ;~ the City Manager, or the City Manager's designee, to )epartment of Health in the amount of $117,975 to fund such as disease investigation, laboratory services and lng $117,975 grant from the Texas Department of Health to fund essential public health services such as disease and environmental health services; and declaring an is in receipt of Attachment #5 to Contract #7460005741- : of Health. The contract provides the Health Department sistance for personnel supporting provision of essential ~upported under this funding include disease investigation vices and environmental health services. An additional overs a state paid clerical position and requires no action. REQUIRED COUNCIL ACTION~ Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTIONi: Council approved funding FY03-04. FUNDING: There is no match fUnding required. CONCLUSION AND RECOMMIENDATION: Recommend City Council to approve the contract attachment and approl~riate funding for continuation of public health services. Michael Silvers, D.O., IV~..P.H. Director of Public Health BACKGROUNDINFORMATION This item is an annual renewal of a grant that has been provided to the Health Department from the Texas Department of Health for many years. The purpose of this funding is to strengthen and improve local pul~lic health infrastructure and to increase local jurisdiction's abilities to provide essential publ grant provides for five staff salar assistance to the City in the amoL State, in the form of direct assista funding include provision of lab investigation, and surveillance ar health education. c health services. No matching funds are required. The es. Four of these salaries are provided though financial nt of $117,975.00. The fifth position is paid directly by the nce amounting to $18,696.00. Activities supported by this 3ratory and environmental health services, diagnosis, prevention of communicable diseases, and community TEXAS DEPARTMENT OF HEALTH 11~}0 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS COUNTY OF TRAVIS The Texas Department of Health, hereinafter referre, with CORPUS CHRISTI-NUECES COUNTY PUB AGENCY. The parties thereto now desire to amend SUMMARY OF TRANSACTION: ATT NO. 05 : OPHP ~ LOCAL PUBLIC i TDH Document No. 7460005741 2004 Contract Change Notice No. 04 I to as RECEIVING AGENCY, did heretofore enter into a contract in writing ~IC HEALTH DISTRiCT (CITY) hereinafter referred to as PERFORMING such contract attachment(s) as follows: ~ALTH SYSTEM All terms and conditions not hereby amended ren~ain in full force and effect. EXECUTED IN DUPLICATE ORIGINALS ONi THE DATES SHOWN. CORPUS CHRIST1 (CITY OF) Authorized Contracting Entity (type above if different from PERFORMING AGENCY) for and in behalf of: PERFORMING AGENCY: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) By: , (Signature of person authorized to sign) (Name and Title) Date: RECOMMENDED: By: (PERFORMING AGENCY Director, if different fi-om person authorized to sign contract RECEIVING AGENCY: TEXAS DEPARTMENT OF HEALTH (Signature of perso~autho~ized t~ sign~ Bob Burnette, Director Procurement and Contracting Services Division (Name and Title) Date: ~ ]Z~.] 0~'~ LF PCSD - Rev. 2/03 Cover Page 1 DETAILS OF ,A~TT, ACHMENTS Att/ TDH Program ID/ Amd TDHPurchase Order No. Number ! TB/PC 01 ]0000000373 / LAB/BIOTERR 02 10000000917 / TB/PC O3 / 000000O923 / BNS/WlC-CARD 04 [0000001439 / OPHP/LPHS [ 0000001000 Term Begin End 01/01/03 09/01/03 09/01/03 10/01/03 09/01/03 I'DH Document No.7460005741 2004 2han~e No. 04 12/31/03 08/31/04 09/30/13 $ Financial Assistance Source of Funds* Amount Direct Assistance 0.00 Total Amount (TDH Share) 93.116 87,979.00 87,979.00 93.283 249,939.00 0.00 249,939.00 State 149,797.00 0.00 149,797.00 10.557 0.00 0.00 0.00 State 93.991 117,975.00 18,696.00 136,671.00 Totals $605,690.00 $18,696.00 $624,386,00 *Federal funds are indicated by a number from the ~atalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETA1LS. Cover Page 2 DOCt PURCt PERFORMING AGENCY: CORP1 DISTR RECEIVING AGENCY PROGRAI TERM: September 01, 2003 THRL SECTION I. SCOPE OF WORK: LOCAL PUBLIC HEALTH SUPP{ MENT NO. 7460005741-2004 ~TTACHMENT NO. 05 [ASE ORDER NO. 0000001000 JS CHRISTI-NUECES COUNTY PUBLIC HEALTH ICT (CITY) ,I: OFFICE OF PUBLIC HEALTH PRACTICE August 31, 2004 )RT FUNDS PERFORMING AGENCY shall us} direct assistance and/or financial assistance, as specified in SECTION III, BUDGET, from RECEIVING AGENCY to improve or strengthen local public health infrastructure by: · Developing objective(s)ito address a public health issue; · Utilizing resources pro,~ided through this contract to conduct activities and services that provide or support the delivery of essential public health services; and · Assessing, monitoring, land evaluating the essential public health services provided, and developing strategics to improve the delivery of essential public health service(s). These tasks shall be performed in! accordance with PERFORMING AGENCY'S FY 04 Local Public Health (LPHS) Service Delivery Plan and the FY 04 Texas Application for Preventive Health and Health Services Block Grant Funds. The assessment]evaluation activities must include a standard that is identified in the PERFORMING AGENCY'S FY (}4 LPHS Service Delivery Plan. Acceptable standards include the National Public Health Performance Standards approved by the Centers for Disease Control and Prevention, Performance Standards developed by the Texas Association of Local Health Officials, Healthy People 2010 and any federal, state or local law or regulation governing the delivery of essential public health services. Evaluation methods utilizing standards not listed in this contract Attachment must be pre-approved by RECEIVING AGENCY. PERFORMING AGENCY shall comply with all applicable federal and state laws, rules, regulations, standards and guidelines in effect on the beginning date of this contract Attachment. The following documents are incorporated by reference and made a part of this contract Attachment: PERFORMING AGENCY'S FY 04 LPHS Service Delivery Plan; ATTACHMENT - Page 1 · Chapter 23-11 of the HealthyiPeople 2010; · Section 121.002, Texas Heall~h & Safety Code, Definition of Ten Essential Public Health Services; and · FY 04 Texas Application for Preventive Health and Health Services Block Grant Funds. Two types of support are available under this program: (1) Direct assistance in the fc (2) Financial assistance from a. General Revenue b. Federal Preventiv, c. Earnings from the Government Co& DIRECT ASSISTANCE State-paid positions under this co~ PERFORMING AGENCY'S FY 04 FINANCIAL ASSISTANCE PERFORMING AGENCY shall d supporting/providing, assessing, m ~,~hlic health service~ for addressin~ rrn of state-paid positions and/or 'unds; Health and Health Services Block Grant; and Permanent Fund for Children and Public Health under the Section 403.1055 ~tract Attachment shall perform activities as specified in LPHS Service Delivery Plan. rect all resources authorized through this contract toward ~nitoring, and developing strategies to improve essential lmblic health issues within the jurisdiction served. Perfomaing Agency may not use earnings from the Permanent Fund for Children and Public Health for lobbying expenses under!the Government Code, Section 403.1067. PERFORMANCE MEASURES RECEIVING AGENCY shall specify the performance measure(s) to be used to assess, in part, PERFORMING AGENCY'S ability to meet the objectives outlined in the FY 04 LPHS Service Delivery Plan without waiving the enforceability of any of the other terms of the contract. PERFORMING AGENCY shall provide services in the following county(ies)/area: Nueces. SECTION II. SPECIAL PROVISIONS: General Provisions, Reports Article is revised to include the following paragraphs: PERFORMING AGENCY shall ~submit quarterly progress reports which describe progress toward completing the activities contained in PERFORMING AGENCY'S FY 04 LPHS Service Delivery Plan and any written revisions. ATTACHMENT - Page 2 PERFORMING AGENCY shall submit the first, second and third quarter's progress reports to RECEIVING AGENCY no later ti fourth quarter report to RECEIV1N¢ AGENCY'S contract term in a form PERFORMING AGENCY shall sul specified by to the RECEIVING AC an thirty (30) days after the end of each quarter, and the AGENCY sixty (60) days after the end of PERFORMING tt specified by RECEIVING AGENCY. ~mit an Annual Budget and Expenditures Report in a format ENCY by January 31, 2005. ATTACHMENT - Page 3 SECTION III. BUDGET: DIRECT ASSISTANCE Direct assistance involves the assigqment of state funded positions in lieu of cash. warrants for net earnings will be issued in accordance with state regulations. PERSONNEL TRAVEL I LABORATORY SUPPO IT OTHER TOTAL Financial status reports (FSRs) are i from activities supported with direc assistance provided through this Attachments(s) benefitting from this RECEIVING AGENCY direct assis State salary $18,696.00 0.00 0.00 0.00 $18,696.00 ot required on direct assistance. Program income generated assistance will be reported on FSRs required for financial Attachment, if applicable, or through other program assistance. ance will not exceed $ 18,696.00. ATTACHMENT - Page 4 FINA/NCIAL ASSISTANCE Financial assistance involves payrr carrying out approved activities. PERSONNEL FRINGE BENEFITS TRAVEL EQUIPMENT SUPPLIES CONTRACTUAL OTHER TOTAL ent of funds to Performing Agency for costs incurred in 117,975.00 0.00 0.00 0.00 0.00 0.00 0.00 $117,975.00 RECEIVING AGENCY financial a~sistance will not exceed $ 117,975.00. TOTAL RECEIVING AGENCY alsistance will not exceed $ 136,671.00. Financial status reports are due the/30th of December, 30th of March, 30th of June, and the 30th of November. / ATTACHMENT - Page 5 CERTIFICATION P~. G_~ARD~NG LOBBYING CERTIFICATIDN FOR CONTRACTS~ GRANTS~ LOANS AND iCOOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) (2) No federal appropriated fund undersigned, to any person fo employee of any agency, a me~ federal contract, the making ~ entering into of any cooperatb amendment, or modification agreement. If any funds other than feder~ any person for influencing or agency, a member of Cot employee of a member of £ loan, or cooperative agreeme Form-Ill, "Disclosure Fol have been paid or will be paid, by or on behalf of the influencing or attempting to influence an officer or an ~ber of Congress in connection with the awarding of any .f any federal grant, the making of any federal loan, the e agreement, and the extension, continuation, renewal, )f any federal contract, grant, loan, or cooperative I appropriated funds have been paid or will be paid to attempting to influence an officer or employee of any tress, an officer or employee of Congress, or an ongress in connection with this federal contract, grant, ~t, the undersigned shall complete and submit Standard 'm to Report Lobbying," in accordance with it's instructions. ' / (3) The undersigned shall require that the language o~ this certification be included in the award documents for all subawards at all tiers 0ncluding subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subreeipients shall certify an~ disclose accordingly. Th;~ cortiflc~tio, i~ ~ m~leria! rellresen~ation of fact u~on which reliance was placed when for making or entering into this transaction impose, d by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be s. ubject to a civil penalty of not less than $10,000 and not more th~n $100,000 for each such fmlure, Signature Print Name of Authorized IndiVidual Date 7460005741 2004-05 Application or Contract Number CORPUS CHRISTI-IqLIECES COUNTY PUBLIC H~TPI DISTRICT (CITY) Organization Name and Address 1702 HORNE ROAD CORPUS CHRISTI, TX 78469-0000 RESOLUTION AUTHORIZING THE CIT DESIGNEE, TO ACCEPT OF HEALTH IN THE A~ PUBLIC HEALTH SERVI LABORATORY SERVI{ SERVICES BE IT RESOLVED BY THE CITY MANAGER, OR THE CITY MANAGER'S ~ GRANT FROM THE TEXAS DEPARTMENT IOUNT OF $117,975 TO FUND ESSENTIAL CES SUCH AS DISEASE INVESTIGATION, ;ES AND ENVIRONMENTAL HEALTH COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager, accept a grant from the Texas De essential public health services s; environmental health services. >r the City Manager's designee, is authorized to 13artment of Health in the amount of $117,975 to fund ~ch as disease investigation, laboratory services and ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: September 8, 2003 Samuel L. Neal, Jr. Mayor Lisa Aguilar U Assistant City Attorney for City Attorney ORDINANCE APPROPRIATING $1 DEPARTMENT OF HE. FUND TO FUND E~ SUCH AS DISEASEIt AND ENVIRONMENTA AN EMERGENCY. BE IT ORDAINED BY THE CHRISTI, TEXAS: SECTION 1. That $117,975 appropriated in the No. 1066 laboratory services, and envir¢ t7,975 GRANT FROM THE TEXAS ~.LTH IN THE NO. 1066 HEALTH GRANTS SENTIAL PUBLIC HEALTH SERVICES IVESIGATION, LABORATORY SERVICES L HEALTH SERVICES; AND DECLARING CITY COUNCIL OF THE CITY OF CORPUS rant from the Texas Department of Health is lealth Grants Fund to fund disease investigation, ,nmental health services. SECTION 2. That upon writte copy attached, the City Counc need for immediate action ne( of City affairs and (2) suspend and voting upon ordinances a" passed and takes effect upon __. day of ~ request of the Mayor or five Council members, il (1) finds and declares an emergency due to the essary for the efficient and effective administration s the Charter rule that requires consideration of two regular meetings so that this ordinance is ~irst reading as an emergency measure this the ,2003. Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: September 8, 2003 Lisa Aguilar~~c~ Assistant City Attorney for City Attorney 4 AG AGENDA ITEM: Item A: A resolution authorizing accept a grant from the Texas I analysis of sea water from those CITY COUNCIL =_NDA MEMORANDUM City Council Action Date: September 16, 2003 the City Manager, or the City Manager's designee, to )epartment of health in the amount of $22,500 to fund bays used to harvest shellfish for human consumption. Item B: An ordinance appropriating $22,500 grant from the Texas Department of Health in the No. 1066 health grants fund to fund analysis of sea water from bays used to harvest shellfish for human consumptiod; and declaring an emergency. ISSUE: The Corpus Christi-Nueces County Public Health District requests City Council's approval to submit and appropriate a contract in the amount $22,500 to fund the analysis of sea water from those bays used to harvest shellfish for human consumption. This is the third year this contract is offered i TDH expects the contract to begin on 09/01/03 through 08/31/04. REQUIRED COUNCIL ACTION I Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTIONi Council approved funding for FY02-03. FUNDING: The Texas Departr~ent of Health awards eligible local Health Departments contracts to provide an analysis of sea water used to harvest shellfish for human consumption. The funding available is $22,500. There is no match funding required CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the contract attachment and appropriate funding for the analysis of sea water from those bays used to harvest shellfish for human consumption. (Department Head Signature) BACKGROUNDINFORMATION BACKGROUND: The Seafood contracting for services from ti Laboratory for the analysis of s, human consumption. This is the years the charge for laborator~ contracts stated that use of the la for the year to the Seafood Saf( equaled $9570.00. Revenue in Safety Division of the Texas Department of Health is ~e Corpus Christi-Nueces County Health Department ;a water from those bays used to harvest shellfish for third year in which a contract has been offered. In past analysis was $15.00/water samples. The past two ~oratory's services would not exceed $22,500 in charges ty Division. Revenue in 2001-2 for 7 months of testing :)002-3 for 10 months of testing equaled approximately $19,085.00. The 2003-4 contr,~ct reflects the laboratory fee for service increase to $20.00/sample to cover increased costs in laboratory salaries and supplies. The portion of the contract that is the "not to ex~ceed" remains at $22,500 for FY03-04. CONTRACT FOR PUBLIC HEALTH SERVICES 1 Contract Issued by: TEXAS DEPAR~FMENT OF HEALTH 1100 WEST 49'T STREET (RECEIVING AGENCY) AUSTIN, TEXAS 78756-3199 1 Legal Authority to Contract: Chapters 12 and I~l, Health and Safety Code. TDH DOCUMENT NO. 7460005741 A2004 LF Venue: The provisions of this Contract shall be interpret~ Texas. PERFORMING AGENCY NAME: CORPUS CH MAILING ADDRESS: P.O. BOX 9727 CORPUS STREET ADDRESS: 1702 HORNE ROAD COI d in accordance with Texas law. Venue for any court disputes shall be in Travis County, >,ISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) CHRISTI TX 78469-0000 PUS CHRISTI TX 78469-0000 NAME OF AUTHORIZED CONTRACTING ENTITY: CORPUS CHRISTI (CITY!OF) 1 PAYEE DATA (If not the same as PERFORMING AGENICY or AUTHORIZED CONTRACTING ENTITY; must be on file with the Texas State Comptroller's Office.): NAME: CITY OFCORPUS CHRISTI ADDRESS: PO BOX 9277 CORPUS CHRISTI TX 78469-9277 (City, State, Zip) State of Texas Vendor Identification No. (14 digits) I PAYEE AGENCY Fiscal 17460005741027 I Year Ending Month: July PAYEE BUSINESS INFORMATION FOR STATISTICAL REPORTING: Please check the categories that apply to your business. Small Business - A corporation, sole proprietorship, or other legal entity formed for the purpose of making a profit which is independently owned and operated and ha~ fewer than 100 employees or has less than $1,000,000 in annual gross receipts. Historically Underutilized Business (HUB) - A corporation, sole proprietorship, or joint venture formed for the purpose of making a profit in which at least 51% of all classes ~f the shares of stock or other equitable securities me owned by one or more persons who have been historically underutilized (socially d~sadvantaged) because of their identification as members of certain groups: Black American Hispanic American, Asian Pacific American, Native American, and Women. The HUB must be certified by General Services Commission or another entity. For Profit Organization SUMMARY OF CONTRACT DOCUMENTATION: COVER PAGE 1 - Receiving and Performing Agency Data COVER PAGE 2 - Details of Attachment(s) COVER PAGE 3 - Authorized Signatures GENERAL PROVISIONS - 11/2001 ATTACHMENT(S) EXHIBITS, IF APPLICABLE Cover Page 1 DETAIbS O'F ATTACHMENTS Att/ TDH Program ID/ Term I Financial Assistance Direct Total Amount Amd TDH Purchase Order No. Number Begin End Source of Amount Assistance (TDH Share) Funds* 01 SEAFOOD 0000001060 09/01/03 08/31/04 State 22,500.00 0.00 22,500.00 TDH Document No.7460005741 A2004 Totals $ 22,500.00 $ 0.00 $ 22,500.00 *Federal funds are indicated by a number from the ~atalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT ,~TTACHMENT FOR DETAILS. Cover Page 2 EXECUTED IN DUPLICATE ORIGINALs ON THE DATES SHOWN. CORPUS CHRISTI (CITY OF) Authorized Contracting Entity (type above from PERFORMING AGENCY) for and i PERFORMING AGENCY NAME: CORPUS CHRISTI-NUECES COUNT HEALTH DISTRICT (CITY) By: (Signature of person authorized to sign contrac (Name and Title) Date: RECOMMENDED: if different behalf of: PUBLIC RECEIVING AGENCY NAME: TEXAS DEPARTMENT OF HEALTH By: r~b'~g~"~re~ f ~"~rson authorized to sign contracts) Bob Burnette, Director Procurement and Contractin~ Services Division (Name and Title) By: (PERFORMING AGENCY Director, if differet fi'om person authorized to sign contract) TDH Document No: 7460005741A2004 Cover Page 3 G~NERAL PROVISIONS FOR TEXAS DEPARTMENT OF HEALTH GRANT CONTRACTS TABLE OF CONTENTS ARTICLE 1 2 3 - 4 5 - 6 7 8 9 10 11 12 13 i5 16 i'7 i8 27 31 32 33 PREAM TER~vl FUNDI~ AME~ APPLIC BLE [G MENTS BONDII' TERMS PROGPu coNTIL CONTIL REPOR'I RECOR P~EN (Fee-for-Service) GENERAL PROVISIONS 11/2001 ex~cuted in compliance with this Article RECEIVING AGENCY may not waive any term, covenant, or condition of this contract unless by amendrhent executed in compliance with this Article. PERFORMING AGENCY shall plan exp~ executed no later than ninety (90) days AGENCY shall provide a written justificat or amendment is requested during the last a reason for the delay. Revision or amc AGENCY. ARTICLE 5. Applicable Laws and Stan, This contract shall be interpreted under an¢ rules. Where applicable, federal statutes funding sources, shall apply to this contracl The principles in the Uniform Grant Mare and incorporated in UGMS by the Govemc of fixed price arrangements where costs are RECEIVING AGENCY must give prior alr in Part III- "State Uniform Administrative Post-Award Requirements, item .30-C (OMB) circulars. RECEIVING AGENC~t Regulations, and UGMS to PERFORM1N reference as a condition of this contract. PERFORMING AGENCY shall not use fu attempting to influence an officer or emplol or employee of Congress, or an employee contract or grant or the extension, continm (31 USC {}1352, as amended, and UGMS PERFORMING AGENCY shall file with registrant under the Lobbying Disclosur PERFORMING AGENCY in connection provided by RECEIVING AGENCY have names of any and all registered lobb5 PERFORMING AGENCY shall require at the same declaration, certification, and dj'. shall file the declaration, certification, and execution of a contract or grant unless PER disclosure form in connection with the awa event that materially affects the accurac) disclosure previously filed. RECEIVIN£ AGENCY upon request. nditures so that any necessary budget revisions or amendments are prior to the expiration of the Attachment term. PERFORMING on for any budget revisions and/or amendments. Ifa budget revision uarter of the Attachment term, the written justification shall include ~dment requests may be granted at the discretion of RECEIVING lards in accordance with the laws of the State of Texas and enabling state and regulations, including federal grant requirements applicable to gement Standards (UGMS) as amended by revised federal circulars :'s Budget and Planning Office shall be used as a guide in the pricing used in determining the appropriate price. proval for changes to contract Attachment(s) as specified by UGMS Requirements for Grants and Cooperative Agreements," Subpart C- hanges and applicable federal Office of Management and Budget will provide copies of applicable OMB circulars, Code of Federal AGENCY upon request. These documents are incorporated by :Is granted under this contract to pay any person for influencing or ~ee of any agency, federal or state, a Member of Congress, an officer of a Member of Congress in connection with the awarding of any lion, renewal, amendment, or modification of any contract or grant }. If at any time this contract exceeds $100,000 of federal funds, RECEIVING AGENCY a declaration containing the name of any ~ Act of 1995 who has made lobbying contacts on behalf of with that contract or grant, a certification that none of the funds been or will be used for payment to lobbyists, and disclosure of the ists with whom PERFORMING AGENCY has an agreement. y person who requests or receives a subgrant or subcontract to file closure with RECEIVING AGENCY. PERFORMING AGENCY disclosure at the time of application for the contract or grant; upon FORMING AGENCY previously filed a declaration, certification, or 'd; and at the end of each calendar quarter in which there occurs any of the information contained in any declaration, certification, or AGENCY will supply the certification form to PERFORMING PERFORMING AGENCY, if a corporation, certifies by execution of this contract that it is current and will remain current in its payment of franchis~ taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Texas Ta~ Code, §§ 171.001 et seq., as amended). A false statement regarding franchise tax status is a material breach of this contract. If franchise tax payments become delinquent during the Attachment term, payments under this cofltract will be withheld until PERFORMING AGENCY'S delinquent franchise tax is paid in full. (Fee-for-Service) GENERAL PROVISIONS Page 2 11/2001 ' · Title VIII of the Civil Rights ~ct of 1968, 42 USC §§3601 et seq., as amended, relating to nondiscrimination in the sale, rental or financing of housing; and, · The requirements of any other nondiscrimination statute(s). Collectively, such requirements obligate RECEIVING AGENCY to provide services without discrimination on the basis of race, color, national origin, age, sex, or disability. PERFORMING AGENCY shall carry out the terms of this contract in a manner which wlll assi,st RECEIVING AGENCY in complying with such obligations to the fullest extent of PERFORMING AGENCY S ability. PERFORMING AGENCY agrees to compl A. Immigration Reform and employment verification and November 6, 1986, who will ' with all or part of the following, as applicable: Texas Labor Code, Chapter 21, which requires that certain employers not discriminate on the basis of race, color, disabilit), religion, sex, national origin, or age. ;ontrol Act of 1986, 8 USC §1324a, as amended, regarding retention of verification forms for any individual(s) hired on or after ~erform any labor or services under this contract. Pro-Children Act of 1994, 20 USC {}§6081-6084, regarding the provision of a smoke-free workplace and promoting the non-use of all tobacco products. The National Research Serv ee Award Act of 1971, 42 USC §{}289a-1 et seq., as amended, and 660l (P.L. 93-348 and P.L. 103-43), as amended, regarding the protection of human subjects involved in research, develc~pment, and related activities supported by any applicable award of federal assistance, as implen~ented by 45 CFR Part 46, Protection of Human Subjects. E. The Clinical Laboratory Iml~rovement Amendments of 1988, 42 USC §263a, as amended, which establish federal requirements for the regulation and certification of clinical laboratories. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR §1910.1030, which set isafety standards for those workers and facilities in the private sector who may handle blood borne pathogens, or Title 25 Texas Administrative Code (TAC), Chapter 96, which affects facilities in the public sector. Laboratory Animal Welfare Act of 1966, 7 USC §§2131 et seq. (P.L. 89-544), as amended, pertaining to the care, handling, and treatment of warm-blooded animals held for research, teaching, or other activities supported by this award of assistance. H. Article 9102, Texas Revise6 Civil Statutes, as amended, pertaining to standards which eliminate architectural barriers for persons with disabilities. Health and Safety Code §165.004, relating to the promotion of breast-feeding by providing information that encourages breast-feeding to program participants who are pregnant women or mothers with infants. Prom~otional material may be requested from RECEIVING AGENCY by calling (512) 406-0744. J. Environmental standards pursuant to the following: (1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §{}4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality." (Fee-for-Service} GENERAL PROVISIONS Page 4 11/2001 pdyments from state funds under a contra, ;t to provide property, materials, or services or receive a state-funded grant or loan. If applicable, PERFORMR IG AGENCY agrees to comply with these provisions, certifies that it is not ineligible to receive the payments ?ecified in this contract, and acknowledges that this contract may be terminated and payment may be withheld ~this certification is inaccurate. If PERFORMING AGENCY provides me contract, either directly or through contrac if conseat to treatment is obtained pursu treatment of a child by a non-parent or chi with Chapter 32 of the Family Code, feder If PERFORMiNG AGENCY provides immunization reporting guidelines and rt Subchapter A. This requirement shall AGENCY, if any. PERFORMING AGENCY shall comply ~ Code, Chapters 401-406, and rules promul 2, which cover compensation for employee When incorporated into a contract, standi terms or conditions for receipt of RE~ subrecipients shall maintain an appropriat and specifications are met. tical, dental, psychological or surgical treatment to a minor under this ts with subrecipients, the treatment ora minor shall be provided only mt to Chapter 32 of the Texas Family Code relating to consent to rd. If requiretnents of federal law relating to consent directly conflict Il law shall supersede state law. mmunizations, PERFORMING AGENCY shall comply with all quirements set forth in the Health and Safety Code, Chapter 161, also apply to subrecipients or subcontractors of PERFORMING ith the requirements of the Texas Workers' Compensation Act, Labor gated thereunder found at 28 Texas Administrative Code (TAC), Part s' injuries. rd assurances contained in the application package, if any, become ~'EIVING AGENCY funds. PERFORMING AGENCY and its contract administration system to ensure that all terms, conditions, PERFORMING AGENCY shall comply uqith all federal tax laws and is solely responsible for filing all required state and federal tax forms. PERFORMiNG AGENCY shall comply ~vith all applicable requirements of federal and state laws, executive orders, regulations and policies goveming~ the activity described in the Attachment(s), and with the applicable standard conditions or assurances prescribed by UGMS in Part HI, "State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart B-Pre-A ard Reqmrements, ~tem . l 4-State Assurances. PERFORMING AGENCY assures it shall not transfer, assign or sell its interest in this contract without the written consent of RECEIViNG AGENCY. ARTICLE 8. Child Abuse Reporting [PERFORMING AGENCY is required to following Attachments: Human Immunod, Title X and Title 35Y (Family Planning), service), and Bureau of Nutrition Serv uirements ~mply with this article only as related to services provided under the 'ficiency Virus and Sexually Transmitted Diseases (all Attachments), 9rimary Health Care, Title V Maternal and Child Health (Fee-for- Ces/Cards (WIC).J PERFORMING AGENCY and each of its subrecipients shall make a good faith effort to comply with child abuse reporting guidelines and requirements in Chapter 261 of the Texas Family Coda relating to investigations of reports of child abuse and neglect. PERFORMING AGENCY and each of its subrecipients shall develop, implement and enforce a written policy that includes at a minimum the RECEIVING AGENCY'S Child Abuse Screening, Documenting, and Reporting Policy for Grant Services Contractors and!train all staffon reporting requirements. PERFORMING AGENCY and its subrecipients shall use the CheckliSt for TDH Monitoring as required by RECEIVING AGENCY. (The policy and checklist are available at each of the above-referenced programs' websites.) (Fee-for-Service) GENERAL PROVISIONS Page 6 11/2001 ! production of original books, manuals, filnls, or other original material, the federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purpqses (l) the copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright to which a PERFORMING AGENCY or its subrecipient purchases ownership v~ith grant support. PERFORMING AGENCY shall place an acknowledgment of federal awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such support and, if feasible, on any publication reporting the results of or describing a grant-supported activity. An acknowledg~n~eut sball be to the eff,e,,ct tb,a,t. "This publication was made possible by grant number from (federal awarding agency),, or ~he project described was supported by grant number ----- from (fedpral awarding agency) and Its contents are solely the responsibility of the authors ~nd d~not ~rily represent tbe official views oftbe (federal awarding agency)." In the event the terms of a federal grant award the copyright to PERFORMING AGENCY, RECEIVING AGENCY reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use, and to authorize others to usb, for RECEIVING AGENCY, public health, and state governmental noncommercial purposes (1) the copyright,I trade mark, service mark, and/or patent on an invention, discovery, or improvement to any process, machine, manufacture, or composition of matter; products; technology; scientific information; trade secrets; and computer software, in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright, service or trade marks or patents to which a grantee, subgrantee or a contractor purchases ownership with grant support. RECEIVING AGENCY may waive ownel~ship of a copyright, mark, or patent to a university or college with statutory authority to hold a copyright, mark, or patent or to a subcontractor of the college or university that would have the right of ownership under rules or policies of the college or university as part of the consideration for a contract. If RECEIVING AGENCY waives ownership, RECEIVING AGENCY reserves a royalty-free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use, and to authorize other to use, for RECEIVING AGENCY and state governmental non-commercial and public health purposes: (1) the copyright, trade mark, service mark, and patent in any intellectual property developed under a contract, grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright, trade mark, service mark, and patent in any intellectual property for which a grantee, subgrantee or a contractor purchases ownership with grant support or with other funds from RECEIVING AGENCY. RECEIVING AGENCY may waive ownership of the copyright to accomplish the contract objectives dealing with public health through a qualified state college or university and enhance the recruiting benefits and prestige of the college or university. PERFORMING AGENCY may publish the results of the contract performance if those results are subject to copyright law at its expense with prior RECEIVING AGENCY review and approval. RECEIVING AGENCY will not withhold the approval unreasonably. If RECEIVING AGENCY withholds approval, PERFORMING AGENCY may still publish the results of the contract performance but shall not reference the Texas Department of Health in any manner. If RECEIVING AGENCY approves aud owns the copyright, any publication should include "© (the year of publication), Texas Department of Health, All Rights Reserved." If PERFORMING AGENCY is the copyright holder, any putllication shall include acknowledgment of the support received from RECEIVING AGENCY. At least six (6) copies of any such publication shall be provided to RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional copies before or after the initial review. PERFORMING AGENCY and any subre¢ipient, as appropriate, shall comply with the standard patent rights clauses in 37 Code of Federal Regulations §401.14 or Federal Acquisition Regulations 52.227.11. (Fee-for-Service) GENERAL PROVISIONS Page 8 11/2001 c) "explicit century" shall mean date :lements in interfaces and data storage permit specifying century to eliminate date ambiguity; d) "extraordinary actions" shall be defined to mean any action outside the normal documented processing steps identified in the product's reference documentation; e) "general integrity" shall mean no va f) "implicit century" shall mean for m for all manipulations involving tha g) "product" or "products" shall be t hardware, software, firmware andh h) "valid date" shall contain a two-digi PERFORMING AGENCY and its subreciI it obtains product(s) that product(s) delive valid date data when used in accordance wi require no extraordinary actions on the p~ Products under the contract/license shall [ capabilities. If the contract/license require the foregoing warranty, then the warranty: warranty and the remedies available to ue for current date shall cause interruptions in desired operation; y data element without century, the correct century is unambiguous document; efined to include, but is not limited to, any supplied or supported ~r micro code; month, a two-digit day and a four-digit year. ,ient(s) shall obtain a warranty from any vendor/licensor from which red and installed under the contract/license shall accurately process th the product documentation provided by the contractor/licensor and t of PERFORMING AGENCY, its personnel, or its subrecipient(s). assess general integrity, date integrity, explicit and implicit century ; that specific products shall perform as a system in accordance with ;hall apply to those listed products as a system. The duration of this 'ERFORMING AGENCY or its subrecipient(s) for breach of the warranty shall be defined in, and subject ~o, the terms and conditions of the contractor's standard commercial warranty or warranties contained in the c~ntract/license; provided, that notwithstanding any provision to the contrary in such commemial warranty or Warranties, the remedies available to PERFORMING AGENCY or its subrecipient(s) shall include repair or replhcement of any supplied product if its noncompliance is discovered and made known to the contractor/licensor in writing within ninety (90) days after final acceptance. Nothing in the warranty shall be considered to limit rely rights or remedies PERFORMING AGENCY or its subrecipient(s) may otherwise have under the contract/licefise. RECEIVING AGENCY will not hold PERFORMING AGENCY responsible if the information coming to PERFORMING AGENCY'S product/softWare from RECEIVING AGENCY is inaccurate or corrupt. ARTICLE 13. Standards for Financial ~nd Programmatic Management PERFORMING AGENCY shall bill all third party payers for services provided under the Attachment(s) before submitting any request for payment to RECEIVING AGENCY. A third party payer is any person or entity who has the legal responsibility for paying all or part of the services provided, including, commercial health or liability insurance carriers, Medicaid, or Ctber federal, state, local and private funding sources. Third party billing functions shall be provided by PI~RFORMING AGENCY at no cost to the client. PERFORMING AGENCY or its subrecipient shall become a Medicaid provider if performing approved Texas Medicaid services authorized by the Attachment(s). PERFORMING AGENCY, if designated I~ 501(c)(3) organization as defined in the Internal Revenue Service Code or a for-profit organization, and its governing board, shall bear full responsibility for the integrity of the fiscal and programmatic management of tile organization. Such responsibility shall include: accountability for all funds and materials received from RE(~EIVING AGENCY; compliance with RECEIVING AGENCY rules, policies, procedures, and applicable federai and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and RECEIVING AGENCY'S monitoring processes. Further, PERFORMING AGENCY'S governing board shall ensure separation of powers, duties, and functions of board (Fee-for-Service) GENERAL PROVISIONS Page 10 11/2001 1 ini:ligible costs, PERFORMING AGENC'¢ shall return the funds to RECEIVING AGENCY within thirty (30) days of written notice. RECEIVING AGENCY may withhold all or part of any payments to PERFORMING AGENCY to offset payment for any ineligible expenditure~ that PERFORMING AGENCY has not paid to RECEIVING AGENCY, or if financial status report(s) required under the Reports Article are not submitted by the date(s) due. RECEIVING AGENCY may take repayment from funds available under any contract Attachment, active or expired, in amounts necessary to fulfill PERFORMING AGENCY repayment obligations. ARTICLE 16. Program Income PERFORMING AGENCY may, or if PEt fee-for-service system and a schedule of f Health and Safety Code, {}12.031; the Tex 25 TAC § 1.91; and other applicable laws. FORM1NG AGENCY is a local health department shall, develop a ~es for personal health services in accordance with the provisions of Board of Health rules covering Fees for Clinical Health Services, qo patient shall be denied a service due to inability to pay. All revenues directly generated by an .6 Attachment(s) during the term of the Attacl shall identify and report this income utilizi: provisions, and in the Special Provisions ol PERFORMiNG AGENCY shall use prol income not used to provide additional clie~ final billing to RECEIVING AGENCY at t RECEIVING AGENCY may base future f in identifying, billing, collecting, and reI ttachment(s) supported activity or earned only as a result of the tment(s) am considered program income. PERFORMING AGENCY ~g the forms and frequencies specified in the Reports Article of these the Attachment(s). ;ram income to provide additional client services. Any program ~t services shall be deducted from PERFORMiNG AGENCY'S total ~e end of the Attachment(s) term(s). tnding levels, in part, upon PERFORMING AGENCY'S proficiency ~orting program income, and in utilizing it for the purposes and conditions of the applicable Attachment(s).' ARTICLE 17. Contracts with Subrecipi~nts PERFORMING AGENCY may enter into contracts with subrecipients unless restricted or otherwise prohibited in specific Attachment(s). Prior to entering into an agreement equaling $25,000 or twenty-five percent (25%) of an Attachment, whichever is greater, PERFORMiNG AGENCY shall obtain written approval from RECEIVING AGENCY. Contracts with subrecipients shall be in wrilting and include the following: · Name and address of all parties; · A detailed description of the services to be provided; · Measurable method and rate of payment and total amount of the contract; · Clearly defined and executable termination clause; · Beginning and ending dates whicl) coincide with the dates of the applicable contract Attachment(s) or cover a term within the beginning and ending dates of the applicable contract Attachment(s); · Records retention requirements consistent with UGMS; · Access to inspect the work and thei premises on which any of the work is performed, in accordance with the Inspections Article contained in this contract; and · All clauses required by state/federal statutes, executive orders, and their implementing regulations. (Fee-for-Service) GENERAL PROVISIONS Page 12 11/2001 Mandatory standards and policies relating to efficiency which are contained in the state energy plan issued in compliance with the Energy Policy and Conservation Act (P. L. 94-163), 42 USC §§6201 et seq., as amended. ARTICLE 19. Reports PERFORMING AGENCY shall submit th AGENCY in the format agreed to by ti AGENCY other reports RECEIVING AG[ contract and to monitor compliance. If P reports, it shall immediately notify RECED ARTICLE 20. Inspections financial, program, and progress reports required by RECEIVING parties. PERFORMING AGENCY shall provide RECEIVING NCY determines to be necessary to accomplish the objectives of this ERFORMING AGENCY is legally prohibited from providing such qNG AGENCY. RECEIVING AGENCY and, when federa government have the right, at all reasonabl of client or patient records and discussi subrecipient(s), if any, and the premises on its subrecipient(s) shall participate in inspe representatives. All inspections and evalus with the work. pERFoRMING AGENCY (and any parent its subrecipient(s), if any, shall give RE( Auditor, or any of their duly authorized re! client or patient records, if any, for the transactions related to contract Attachmenl before and after payment. Payment under to recover excessive or illegal payments. funds are involved, any authorized representative(s) of the federal ~ times, to inspect or otherwise evaluate the work (including reviews ~ns with staff) performed by PERFORMING AGENCY and its which the work is being performed. PERFORMING AGENCY and :tions and provide reasonable access, facilities, and assistance to the 5OhS will be conducted in such a manner as will not unduly interfere affiliate or subsidiary organization, if such a relationship exists) and EIV1NG AGENCY, the federal government, and the Texas State ~resentatives, access to any pertinent books, documents, papers, and .urpose of making audit, examination, excerpts, and transcripts of s). RECEIVING AGENCY will have the right to audit billings both tttachment(s) will not foreclose the right of RECEIVING AGENCY Any deficiencies identified by RECEIVING AGENCY upon examination of PERFORMING AGENCY'S records will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGENCY'S resolution of findings shall also be c.o, nveyed in writing to RECEIVING AGENCY within thirty (30) days of receipt of RECEIVING AGENCY S findings. A RECEIVING AGENCY determination of either an inadequate or inappropriate resolution of the findings m~y result in sanctions which will remain in effect until RECEIVING AGENCY determines the deficiencies are l~roperly remedied. ARTICLE 21. Records Retention PERFORMING AGENCY and its subrecipients or subcontractors shall retain medical records in accordance with 22 Texas Administrative Code (TAG), Part 9, §165.1(b)(c) or other applicable statutes and regulations governing medical information. PERFORhffiqG AGENCY shall retain and preserve all other records, including financial records, which are generated or collected by PERFORMING AGENCY or its subrecipients or subcontractors under the terms of this contract, for a period of four (4) years after the termination of the contract. If the contract is funded through Medicaid, the federal retention period, if more than four (4) years, shall apply. PERFORMING AGENCY and its subrecipients shall retain all records for a contract that is the subject of litigation or an audit until the litigation is ended or all questions pertaining to the audit are resolved. Legal requirements for PERFORMING AGENCY may extend beyond the retention schedules established herein. (Fee-for-Service) GENERAL PROVISIONS Page 14 11/200 l RECEIVING A. AGENCY may: withdrawal of funds awarde~ unobligated balance in a p~ expiration of a contract; (3) competing or noncompeting voiding of a contract upon otherwise illegal or invalid fr Terminate all or a part of the contract. Termination is the permanent withdrawal of PERFORMING AGENCY'S authority to obligate previously awarded funds before that authority would otherwise expire or the voluntary relinquishment by PERFORMING AGENCY of the authority to obligate previou[sly awarded funds. PERFORMING AGENCY costs resulting from obligations incurred by PERI~ORMING AGENCY after termination of an award are not allowable unless expressly authorized by the notice of termination. Termination does not include: (1) on the basis of PERFORMING AGENCY'S underestimate of the ior period; (2) withdrawal of the unobligated balance as of the refusal to extend a contract or award additional funds, to make a continuation, renewal, extension, or supplemental award; or (4) determination that the award was obtained fraudulently, or was )m inception; Suspend all or part of the , temporary withdrawal of P corrective action by PERF© terminate or amend the contn agency regulations impleme~ participating in contract trans legal or debarment proceedi~ obligations incurred by PER] expressly authorized by the :ontract. Suspension is, depending on the context, either (1) the ERFORMING AGENCY'S authority to obligate funds pending [laMING AGENCY or its subrecipient(s) or pending a decision to ct, or (2) an action taken by a suspending official in accordance with ting Executive Order 12549 to immediately exclude a person from ~ctions for a period, pending completion of an investigation and such ~gs as may ensue. PERFORMING AGENCY costs resulting from ~ORMING AGENCY during a suspension are not allowable unless )tice of suspension; Disallow (deny both use of ftlnds and matching credit for) all or part of the activities or action not in compliance; Temporarily withhold cash payments. Temporarily withholding cash payments means the temporary withholding of advances or reimbursements to PERFORMING AGENCY or its subrecipient(s) for proper (}harges or obligations incurred, pending resolution of issues of noncompliance with contract conditions or indebtedness to the United States or to the State of Texas; Permanently withhold cash payments. Permanent withholding of cash payment means that RECEIVING AGENCY retains funds billed by PERFORMING AGENCY or its subrecipient(s) for a) unallowable, undocumented, disputed, inaccurate, improper, or erroneous billings; b) failure to comply with contract provisions; or c) indebtedness to the United States or to the State of Texas; Deny contract renewal or future contract awards to a PERFORMING AGENCY; Delay contract execution With PERFORMING AGENCY while other imposed or proposed sanctions are pending resolution; Place PERFORMING AGENCY on probation. Probation means that PERFORMING AGENCY will be placed on accelerated monitoring for a period not to exceed six (6) months at which time items of noncompliance shall be resolved or substantial improvement shown by PERFORMING AGENCY; (Fee-for-Service) GENISRAL PROVISIONS Page 16 11/2001 Whether PERFORMING AGENCY'S co uct or inaction is an emergency will be determined by RECEIVING AGENCY on a case-by-case basis andWill be based upon the egregious nature of the noncompliance or conduct. ARTICLE 26. Sanction Review PERFORMING AGENCY may request a r or part of tile contract, suspension of all reduction of contract funding or other cout~ renewal or future contract awards. PERFORMING AGENCY shall make th fifteen (15) days from the date of notific~ signed the notification. PERFORMING AGENCY'S notice shall AGENCY notifying PERFORMING AGE] basis for the dispute; (3) the grounds u[ identification of the issue or issues to b documentation in support of PERFORMI support of PERFORMING AGENCY'S po ~view of the imposition oftbe following sanctions: termination of all or part of the contract, permanent withholding of cash payments, act amendment resulting from noncompliance, and denial of contract request for review in writing to RECEIVING AGENCY within ttion by providing written notice of the dispute to the person who :ontain the following: (1) a copy of the letter from RECEIVING ,ICY of the sanction; (2) a specific description of each act that is the on which PERFORMING AGENCY bases the complaint; (4) an : resolved; (5) a precise statement of the relevant facts; (6) any big AGENCY'S position; and (7) a statement and authorities in ~ition. Evidence that PERFORMING AGENCY properly notified RECEIVING AGENCY consists of any of the following documents: (l) signature on delivery card; (2) confirmation of a facsimile to the correct telephone number; or (3) signed acknowledgment of ~elivery. RECEIVING AGENCY'S representative, ill schedule a meeting or a conference call to attempt to resolve the issues in dispute. If the dispute is resolved any resolution will be in writing and will be signed by all parties. If the dispute is not resolved, RECEIVING DENCY'S representative will notify PERFORMING AGENCY in writing. RECEIVING AGENCY will appr int a reviewer(s), who will review the information, who may permit or require additional information and who ~ ray grant, deny, or modify all relief requested in the written notice of dispute. The reviewer(s)'s decision will be.in writing and will contain a discussion of the reason for the decision and the remedial action, if any. The reviev er(s) will send copies of the decision to all parties by any verifiable means. The decision of the reviewer(s) is fi hal and is the final action of RECEIVING AGENCY for purposes of further proceedings. A state statute or rule or a federal statute, r~gulation or guideline will prevail over the provisions of this Article unless the statute, rule, regulation or guideline can be read together with the provision or provisions of this Article to give effect to both. ARTICLE 27. Dispute Resolution for Breach of Contract The dispute resolution process provided foriin Chapter 2260 of Texas Government Code shall be used, as further described herein, by RECEIVING AGENCy and PERFORMING AGENCY to attempt to resolve any claim for breach of contract made by PERFORMII~IG AGENCY. (This process is not applicable for governmental entities.) PERFORMING AGENCY'Si claims for breach of this contract that the parties can not resolve in the ordinary coume of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, Texas GOvernment Code. To initiate the process, PERFORMING AGENCY shall submit written notice, a~s required by subchapter B, to RECEIVING AGENCY'S Office of General Counsel. Said nolice shall specifically state that the provisions of Chapter 2260, (Fee-for-Service) GENERAL PROVISIONS Page 18 11/2001 (a) (b) (c) (d) (e) (t3 (g) A court of comp tent jurisdiction finds that PERFORMING AGENCY has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; PERFORMING AGENCY fails to communicate with RECEIVING AGENCY or fails to allow its emplo zees or those of its subrecipients to communicate with RECEIVING AGENCY as nece: sary to the performance of the contract; PERFORMING A 3ENCY breaches a standard of confidentiality with respect to the services provided ~ nder this contract; RECEIVING AG ~NCY determines that PERFORMING AGENCY is without the personnel or resou~ ces to perform under the contract; RECEIVING AG ~NCY determines that PERFORMING AGENCY, its agent or another representa ive offered or gave a gratuity (e.g., an entertainment or gift) to an official or employ~ e of RECEIVING AGENCY for the purpose of obtaining a contract or favorable treatm :nt; PERFORMING ~tGENCY'S management system does not meet the UGMS management stand trds; or PERFORMING A 3ENCY appears to be financially unstable. Indicators of financial instability may inc ude one or more of the following: PERFORM~ING AGENCY fails to make payments; PERFORMING AGENCY makes an assignment for the benefit of its creditors; PERFORMING AGENCY admits in writing its inability to pay its debts generally a~ they become due; If judgmen~t for the payment of money in excess of $50,000 (which is not covered by insurance) is rendered by any court or governmental body against PERFORMiNG AGENCY, and PERFORMING AGENCY does not (a) discharge tl~e judgment or (b) provide for its discharge in accordance with its terms, or (c~} procure a stay of execution within thirty (30) days from the date of entry theregf, and within the thirty (30) day period or a longer period during which execration of the judgment shall have been stayed, appeal therefrom and cause the eSecution thereof to be stayed during such appeal while providing such reserves therefore as may be required under generally accepted accounting principles; A writ or warrant of attachment or any similar process shall be issued by any court against all or any material portion of the property of PERFORMING AGENCY, and such writ or warrant of attachment or any similar process is not released or bonded within thirty (30) days after its entry; PERFORM}lNG AGENCY is adjudicated bankrupt or insolvent; PERFORMING AGENCY files a case under the Federal Bankruptcy Code or is seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any case or petition against it under any such law; Any property or portion of the property of PERFORMING AGENCY is sequestered by court order and the order remains in effect for more than thirty (30) days ager PERFORMING AGENCY obtains knowledge thereof; A petition is filed against PERFORMING AGENCY under any state reorganization, arrangement, insolvency, readjustment of debt, dissolution, liquidation, or receivemhip law of any jurisdiction, whether now or hereafter in effect, and such petition is not dismissed within thirty (30) days; or PERFORMING AGENCY consents to the appointment of a receiver, trustee, or liquidator of PERFORMING AGENCY or of all or any part of its property. (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (Fee-for-Service) GENERAL PROVISIONS Page 20 11/2001 DOCUMENT NO. 7460005741A-2004 ~ ATTACHMENT NO. 01 PURCHASE ORDER NO. 0000001060 PERFORMING AGENCY: CORI~US CHRISTI-NUECES COUNTY PUBLIC DISTRICT (CITY) RECEIVING AGENCY PROGRA ~I: SEAFOOD SAFETY DIVISION TERM: September 01, 2003 THR[: August 31, 2004 HEALTH SECTION I. SCOPE OF WORK: PERFORMING AGENCY shall ~onduct laboratory services for the analysis of bay water samples collected by the RECEI¥ING AGENCY. Test shall be performed in a laboratory certified to meet U.S. Food and DrUg Administration requirements for shellfish waters. PERFORMING AGENCY shall: Provide for a minimum of forty (40) bay water samples per day for RECEIVING AGENCY field offices. The number of bay water samples per year is approximately 800-1500. Peak laboratory needs are from October 15 through May 15; Analyze bay water samples for fecal coliform using the Association of Analytical Chemists (AOAC) modified A-1 method for Most Probably Number (MPN) using multiple tube fermentation; · Be available for analysis a minimum of six (6) days a week, 8:00 am to 5:00 pm; Make results available to the RECEIVING AGENCY by phone and fax within two (2) hours of completion of laboratory results and mail legible, reproducible laboratory result forms to the RECEIVING AGENCY at the following address: Texas Department of Health Attn: Seafood Safety DiVision 1100 West 49th Street Austin, TX 78756 · Be convenient to land and air travel, and located so that overnight delivery is guaranteed; · Be certified by the United States Food and Drug Administration or its certifying agency (The Texas Department of Health) for analysis of shellfish waters; ATTACHMENT - Page 1 Agree to meet laboratory proficiency standards as set forth in "Laboratory Procedures for the Examination of Seawat{r and Shellfish, fourth edition, 1970" or successive edition accepted by the U.S. Food a~ad Drug Administration shellfish laboratory checklist; and, · Clean, autoclave, and return bay water sample bottles to the originating RECEIVING AGENCY field office in c4ntainers supplied by RECEIVING AGENCY, return freight collect to the RECEIVING ~GENCY. SECTION II. SPECIAL PROVISIONS: Comply with the federal Civil Rights Act of 1964, as amended, and the Rehabilitation Act of 1979, Public Law section 93 - 112, ~ection 504. The accepted laboratory shall maintain auditable records of service provided pertinent to this contract or any component thereof, lRetention of records shall be for three (3) years. The records shall be retained beyond the three (~) year period if audit findings have not been resolved. SECTION III. BUDGET: For services satisfactorily performed, the RECEIVING AGENCY will pay the PERFORMING AGENCY an amount of $20.00 fol' each fecal coliform test with a total amount not to exceed $22,500.00. The PERFORMING AGENCY shrill submit a State of Texas Purchase Voucher (Form B-13) on a monthly basis to: Texas Department of Health Fiscal Division/Accounts Payable 1100 West 49th Street Austin, TX 78756 The voucher shall include total number of samples performed. Compensation for tests shall be based on the bidder's test fee schedule for the test. The RECEIVING AGENCY will reimburse the accepted laboratory for services rendered subject to the availability of funds. If funding is void, the accepted laboratory shall be immediately notified. ATTACHMENT - Page 2 AUTHORIZING THE CI'F DESIGNEE, TO ACCEPT OF HEALTH IN THE AM~ SEA WATER FROM TH(: FOR HUMAN CONSUMP'I BE IT RESOLVED BY THE CITY TEXAS; SECTION t. The City Manager, ( accept a grant from the Texas De analysis of sea water from those ATTEST: RESOLUTION MANAGER, OR THE CITY MANAGER'S GRANT FROM THE TEXAS DEPARTMENT UNT OF $22,500 TO FUND ANALYSIS OF SE BAYS USED TO HARVEST SHELLFISH ION COUNCIL OF THE CITY OF CORPUS CHRISTI, ,r the City Manager's designee, is authorized to )artment of Health in the amount of $22,500 to fund ,ays used to harvest shellfish for human consumption. THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: September 8, 2003 Samuel L. Neal, Jr. Mayor Lisa Aguilar Assistant City Attorney for City Attorney ORDINANCE APPROPRIATING $; DEPARTMENT OF HE, FUND TO FUND AN, USED TO HARVEST S AND DECLARING AN BE IT ORDAINED BY THE CHRISTI, TEXAS: 2,500 GRANT FROM THE TEXAS ~,LTH IN THE NO. 1066 HEALTH GRANTS t. LYSIS OF SEA WATER FROM BAYS HELLFISH FOR HUMAN CONSUMPTION; =MERGENCY. CITY COUNCIL OF THE CITY OF CORPUS SECTION 1. That $22,500 grSnt from the Texas Department of Health is appropriated in the No. 1066 Health Grants Fund to fund analysis of sea water from bays used to harvest shellfish for human consumption. SECTION 2. That upon writte~ request of the Mayor or five Council members, copy attached, the City Councll (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) suspend~s the Charter rule that requires consideration of and voting upon ordinances at~ two regular meetings so that this ordinance is passed and takes effect uponflrst reading as an emergency measure this the day of , ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: September 8, 2003 Lisa Aguilar/~~4 Assistant City Attorney for City Attorney 5 A;ENDA MEMORANDUM City Council Action Date: September 16, 2003 AGENDA ITEM: Item A: A resolution authorizing~ the City Manager, or the City Manager's designee, to accept a grant from the Texas I~epartment of Health in the amount of $600,000 for the women, infants, and children (WIC) program for FY 2004, based on a $10.45 reimbursement for each participant served. Item B: An ordinance appropriati~ng a renewal grant with the Texas Department of Health in the No. 1066 health grants fund in the amount of $600,000 for the women, infants and children (WIC) program for F-~ 2004, based on a $10.45 reimbursement for each participant served; and declaring an emergency. ISSUE: The Bureau of Clinical al~d Nutrition Services, Texas Department of Health (TDH) provides funding for supplemental food vouchers, and nutrition education at no cost to Iow income pregnant and postpartum women, infants, and children. Services are performed in accordance with the terms and specifications of the TDH and/or the United States Department of Agriculture (USDA). Based on reimbursement of $10.45 for each participant the attachment budget reflects the operational needs of the VVIC program for fiscal year 2004. This is a non Competitive grant with neutral budget impact. REQUIRED COUNCIL ACTION: Authorize execution of the attachment to the public health contract and appropriation of funds. PREVIOUS COUNCIL ACTIONI Council approved funding FY02-03. FUNDING: No match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the motion and ordinance to providb a continuation of nutritional and individual counseling services to Iow income women, infants, and children. (Department Head Signature) BACKGROUND INFORMATION The special supplemental nutriti~)n program for women, infants, and children (WIC) is a health and nutrition program thatis successful in improving the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through Iow income and nutrition~related risks. This item renews the current contract with the Texas Department of Health (TDH) to provide services to Iow income women, infants, and children. The contract will begin on `10/0'1/03 through 09/3'1/04. The main goal of the WIC program is to educate mo'~hers about proper nutrition for their babies and young children. The WIC division serves an average of 5,000 WIC clients per month. CORPUS CHRISTI -NUECES COUNTY PUBLIC HEALTH DISTRICT WIC PROJECT 38 OPERATING BUDGET FY 2004 DESCRIPTION AMOUNT S~ $360,406 ~~~ $69,757 GROW ~S~CE $34,289 C~C~ & HOUSEHOLD $1,045 B~ & PERIODIC~S $418 F~D & F~D S~PL~S $209 ~DIC~ S~PL~S $2,~ ~OR COMP~R EQ~ $3~ ~OR OFFICE EQ~ $314 OnCE S~PL~ $3,658 ~EN~CE ~TE~ $627 PROF~SION~ SER~CES $2,090 ~C~ATION S~PL~Q~. $209 LIGHT, ~AT, PO~R $10,452 POSTAG~IG~ $1,359 TEMPORARY SER~CE $3,658 ~EEPER $3,136 ~EAGE ~~E~ $1,359 TELEPHO~ $8,362 B~DING ~~CE $6,271 EQ~ ~N~CE $523 MEMBERSHIP DUES $2~ ~G~VEL $1,777 P~/COPJES~ $105 ~S. TO INS. FD 138/G~. INS $20,142 ~S. TO INS. ~ 139/SELF. INS. $2,928 TOTAL $600,000 TEXAS OEPARTMENT OF HEALTH 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS TDH Document No. 7460005741 2004 COUNTY OF TRAVIS Contract Change Notice No. 0~3 The Texas Department of Health, hereinafter referre4to as RECEIVING AGENCY, did heretofore enter into a contract in writing with CORPUS CHRISTI-NUECES COUNTY PUBI}IC H~ALTH DISTRICT (CITY) hereinafter referred to as PERFORMING AGENCY. The parties thereto now desire to amend~uch contract attachment(s) as follows: SUMMARY OF TRANSACTION' ~ ATT NO. 04 : BNS - W1C CARD PARTICIPATION All terms and conditions not hereby amended rem{tin in full force and effect. EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. CORPUS CHRISTI (CITY OF) Authorized Contracting Entity (type above if different from PERFORMING AGENCY) for and in behalf of: PERFORMING AGENCY: CORPUS CItRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) By: (Signature of person authorized to sign) (Name and Title) Date: RECOMMENDED: By: (PERFORMING AGENCY Director, if different from person authorized to sign contract RECEIVING AGENCY: TEXAS DEPARTMENT OF HEALTH By: ~ (Signature of person authorized to sign) Bob Burnette, Director Procurement and Contracting Services Division (Name and Title) Date: LF PCSD - Rev. 2/03 Cover Page 1 DETAILS OF ATTACHMENTS Att/ TDH Program ID/ Term Financial Assistance Direct Total Amount Amd TDH Purchase Order Assistance (TDH Share) No. Number Begin End Source of Amount Funds* TB~PC 01 01/01/03 12/31/0~ 93.116 87,97900 0.00 87,979.00 0000000373 LAB/BIOTERR 02 0000000917 09/01/03 08/3 l/0z 93283 249,939.00 0.00 249,939.00 TBfPC 03 09/01/03 08/3 I/0L State 149,797.00 0.00 149,797.00 0000000923 BNS£WIC-CARD 04 10/01/03 09/30/0z 10.557 0.00 0.00 0,00 0000001439 TDH Document No.7460005741 2004 Totals $487,715.00 $ 0.00 $487,715.00 Change No. 03 I *Federal funds are indicated by a number from the C~talog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT AI'TACHMENT FOR DETAILS. / Cover Page 2 DOCUMENT NO. 7460005741-2004 ATTACHMENT NO. 04 PURCHASE ORDER NO. 0000001439 PERFORMING AGENCY: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (C1TY) RECEIVING AGENCY PROGRAM BUREAU OF NUTRITION SERVICES 01, 2003 THRU: september 30, 2004 TERM: October SECTION I. SCOPE OF WORK: PERFORMING AGENCY shall pro'~ide supplemental food instruments, nutrition education and counseling to enhance good health care at no cost to low-income pregnant and postpartum women, infants and children ideniified to be at nutritional risk. In meeting this goal, PERFORMING AGENCY shall: Perform professional, administrative and clerical services necessary to determine eligibility, provide food instruments, and provide appropriate nutrition education and counseling to qualified women, infants and children in a specified geographic area. PERFORMING AGENCY shall ensure adequate staff coverage and uninterrupted delivery of services. Ser¥ices shall be performed according to the terms and specifications of RECEIVING AGENCY'S Special Supplemental Nutrition Program for Women, Infants, and Children (WlC) and/or the United States Department of Agriculture (USDA) as referenced in this Attachment. During the term of this Attachment, USDA will issue regulations, instructions, policies and/or directives which may be incorporated into the State WIC Policy and Procedures Manual and program rules. PERFORMING AGENCY shall provide services in the authorized geographic service area(s) described in PERFORMING AGENCY'S application and agreed to by RECEIVING AGENCY. PERFORMING AGENCY can change the authorized geographic service area(s) with approval from RECEIVING AGENCY. If RECEIVING AGENCY disagrees on change of geographic service area(s), PERFORMING AGENCY may terminate this contract w~th at least thirty (30) days written notice. Assist in the collection of data that will identify benefits of this nutrition intervention program and furnish financial, health, nutrition education and any other special reports in a timely manner as required by RECEIVING AGENCY Program's written rules and policies for the compilation of such data. Determine eligibility of applicants through assessment of their income, residence and nutritional status; provide nutrition education and counseling; train staff; conduct outreach to potential applicants; make referrals to other health and human service ATTACHMENT - Page 1 providers; complete surveys as requested; and maintain records as required by RECEIVING AGENCY Program s written rules and policies. Determine participants' access to health care, medical care and other human services, and make appropriate referrals. [PERFORMING AGENCY shall have a system in place to provide participants with al: health care providers under personal information. Issue prenumbered food in: participants who shall use participating vendors; mat instruments received from R for all unaccounted for food ineligible participants. PEI; issuance of infant formula in the State WIC Policy and Pre propriate health services or make appropriate referrals to ritten agreements that ensure confidentiality of participants' ruments furnished by RECEIVING AGENCY to qualified such instruments to obtain specified food items from tain complete accountability and security of all food ECEIVING AGENCY; and be held financially responsible nstruments and/or for the redeemed value of those issued to FORMING AGENCY shall be held financially liable for struments that are not authorized or prescribed according to cedure Manual. Review the immunization re~ords of WIC Program applicants/participants to ensure that immunizations are current.' Make appropriate referrals to health care providers for necessary immunizations. Offer services during extencled hours of operation outside the traditional times of 8:00 a.m. to 5:00 p.m., Monday tt~rough Friday, according to the Annual Plan of Operations as approved by RECEIVING AGENCY and incorporated by reference. Implement or expand PERFORMING AGENCY'S breastfeeding peer counseling program for training and salaries of peer counselors who assist pregnant and breastfeeding WIC particip~ants in normal breastfeeding situations, when funding is available, if participation in [this program is requested by PERFORMING AGENCY and approved in writing by RECEIVING AGENCY. Implement lactation services for WIC clients who have breastfeeding problems that are beyond the expertise of theft local WIC staff and/or peer counselors using International Board Certified Lactation !Consultants or the most qualified equivalent. Lactation services may also include staff training and lactation equipment. RECEIVING AGENCY will provide written approval of PERFORMING AGENCY'S plan to use lactation funding. The plan must include qualifications of any nc;n-board certified lactation consultant PERFORMING AGENCY proposes to use. Ensure adequate staff coverage and uninterrupted delivery of WIC services if any member of PERFORMING AGENCY'S staff is approved in writing by the RECEIVING AGENCY to participate in RECEIVING AGENCY'S dietetic internship program. This internship will consist of no less than 900 hours of supervised learning experiences in a variety of nutrition-related facilities and will prepare PERFORMING AGENCY'S selected staff member to better meet the needs of WIC participants. ATTACHMENT - Page 2 RECEIVING AGENCY will provide three (3) types of breastpumps for eligible WIC participants by distributing breastpumps to PERFORMING AGENCY or by authorizing PERFORMING AGENCY tO purchase breastpump collection kits. If PERFORMING AGENCY is authorized to purchase the breastpump collection kits, RECEIVING AGENCY will provide writte requirement is implemented PERFORMING AGENCY w Food Grant funds. When purchase collection kits, Nutri that purpose. The cost for th, administrative surplus calcula shall be identified separately Purchase Voucher, Form B-1 Implement or expand PERF( provide an array of technical notification of the specific types of collection kits. If this then the ac[ual cost of collection kits purchased by I be reimbursed by RECEIVING AGENCY utilizing WIC 'ERFORMING AGENCY receives or is authorized to :ion Services and Administration funds may not be used for purchase of the breastpump collection kits wilI not affect OhS. The number and cost of the collection kits purchased >n the face of the claim for reimbursement (State of Texas ), RMING AGENCY'S use of a registered dietitian (RD) to services. With prior written approval from RECEIVING AGENCY, obtain the servic~es of a RD who is registered with the Commission on Dietetic Registration to provide services for PERFORMING AGENCY such as: assistance with quality assu(ance, staff training, assistance with the annual nutrition education and breastfeeding plan, individual counseling for high-risk participants, and facilitated discussion classes. PERFORMING AGENCY shall comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date of this Attachment unless amended. The following documenis are incorporated by reference and made a part of this contract Attachment. Child Nutrition Act of 1966, as amended, 42 USC 1786; Uniform Federal Assistance Regulations, 7 CFR Parts 15, 15a, 15b, 246, 248, 3016, 3017 and 3018; RECEIVING AGENCY Quality Care: Client Services Standards for Public Health and Communit~ Clinics; WIC Program Rules, 25 Texas Administrative Code, §§ 31.11-31.37; Food and Nutrition Service (FNS) Guidelines; and FNS Instructions issucld under the FNS Directives Management System A copy of the current WIC Policy and Procedure Manual has been made available to PERFORMING AGENCY. The WIC Policy and Procedure Manual, all revisions made to the WIC Policy and Procedure Manual through the Texas WIC Bulletin, and written notices are incorporated into this Agreement by reference. PERFORMING AGENCY has a duty to become familiar with the contents and procedures contained within the WlC Policy and Procedure Manual. PERFORMING AGENCY Ishall comply with all of the requirements of the WlC Policy and Procedure Manual and Program rules as well as state and federal laws and amendments governing or regulating the WIC Program. ATTACHMENT - Page 3 PERFORMING AGENCY is respor~sible for ensuring that employees or agents acting on behalf of the PERFORMING AGENCY C~mply with all of the requirements of the WIC Policy and Procedure Manual, Program rules arid all state and federal laws and amendments governing and regulating the W1C Program. Within thirty (30) days of receipt oqan amended policy or rule, PERFORMING AGENCY shall inform RECEIVING AGENCY program in writing if it will not continue performance under this Attachment in compliance with th~ amended policy or rule. RECEIVING AGENCY may terminate the Attachment immediately or within a reasonable period of time as determined by RECEIVING AGENCY. / PERFORMANCE MEASURES The following performance meas AGENCY'S effectiveness in prov without waiving the enforceability o 98% of families who partici[ also receive nutrition educati food voucher issuance; ~res will be used to assess, in part, PERFORMING ding the services described in this contract Attachment, ' any of the other terms of the contract. ate in the WIC program by receiving food instruments shall ~n classes or individual counseling services to coincide with · Of all pregnant women whC~ enter the WIC program, at least 32% shall be certified as eligible during the period of}he first trimester of their pregnancy; · 88% of clients who are ent'olled in the program, excluding dual participants, transfer locked and/or migrant client~, shall participate as food instrument recipients each month (breast-feeding infants are algo included in the client count); · 60% of infants whose mothers were participants in the program during pregnancy shall be breast-fed at or before thel time of their certification of eligibility; 98% of clients who indicat~ during the enrollment process that they have no source of health care shall be referred to at least one source of health care at certification of eligibility; and, A monthly activity report which demonstrates PERFORMING AGENCY'S efforts towards meeting assigned annual targets shall be comply:ted and submitted to RECEIVING AGENCY within seven (7) working days after the end of each month. SECTION II. SPECIAL PROVISIONS: General Provisions, Assurances Article, is hereby amended to include the following: PERFORMING AGENCY hereby agrees that it shall comply with Title VI of the Civil Rights Act of 1964, 42 USC §§ 2000d et seq., Title IX of the Education Amendments of 1972, 20 USC §§1681 et seq., Section 504 of the Rehabilitation Act of 1973, 29 USC § ATTACHMENT - Page 4 794, Age Discriinination Act of 1975, 42 USC §§ 6101 et seq.; all provisions required by implementing the regulatior}s of the Department of Agriculture, 7 CFR Part 246; Department of Justice Guidelines for Enforcement of Title VI, Civil Rights Act of 1964; 28 CFR § 50.3 and 28 CFR Part 42; and Food & Nutrition Service (FNS) directives and guidelines, to the effect that no person will, on the grounds of race, color, national origin, sex, age, or disability be excluded from participation under any program or activity for which PERFORMING AGENCY receives federal financial assistance from FNS; and hereby gives assurance that It shall immediately take measures necessary to implement this Attachment. PERFORMING AGENCY ~hall compile data, maintain records and submit reports, as required, to permit effectiv~ enforcement of the nondiscrimination laws and permit authorized USDA and State 0f Texas personnel, during normal working hours, to review such records, books, and.laccounts as needed to ascertain compliance with the nondiscrimination laws. Thk Department of Agriculture, Food and Nutrition Services, has the right to seek judici~al enforcement if PERFORMING AGENCY violates any nondiscrimination laws. This Assurance is binding on PERFORMING AGENCY, its successors, transferees, and[ assignees, as long as they receive assistance or retain possession of any assistance from the Department of Agriculture. The person or persons whose signatures appear on'the COVER PAGES of this Attachment are authorized to sign this Assurance on behalf of PERFORMING AGENCY. General Provisions, Standards for Financial and Programmatic Management Article, Item A, regarding internal budgeting and] Item C, regarding billing, collection, and fee schedules are not applicable to this Attachment. General Provisions, Terms and Conditions of Payment Article, is hereby modified to include the following paragraphs: The participant caseload wild be assigned by RECEIVING AGENCY Program by giving written notice to PERFORMING AGENCY. The participant caseload is subject to change upon written notice to PERFORMING AGENCY from RECEIVING AGENCY Program with PERFORMING AGENCY'S concurrence. PERFORMING AGENCY assumes liability for all food costs resulting from PERFORMING AGENCY exceeding its assigned caseload. The number of individuals served in excess of assigned caseload are not to be included in the calculation of earned administrative funds as described below. RECEIVING AGENCY will reimburse PERFORMING AGENCY for administrative costs incurred when determining eligibility, providing appropriate nutrition education and counseling, issuing food irlstruments, making participant referrals, vendor evaluation, outreach, start-up costs and general administrative support. Administrative costs will be reimbursed based on actual costs, but not to exceed the "maximum reimbursement" set out below, based upon the sum of the participants who actually receive food instruments each month plus infants who do not receive any food ATTACHMENT - Page 5 instruments whose breastfee4ing mothers were participants to the extent that the total so derived does not exceed PER given month. Surplus funds actual costs) can be accum Surplus encumbered by Se RECEIVING AGENCY no PARTICIPANTS SERVED During the term of the Attac funds at the rate of $10.45 fo~ PERFORMING AGENCY a (1) (2) PERFORMING AGl 19% of total admini education and counse be supported by docu: RECEIVING AGE1 administrative expen properly documented more than is earned 1 AGENCY'S assignee PERFORMING AGE FORMING AGENCY'S total assigned caseload within any (the amount by which maximum reimbursements exceed ~lated and carried forward within the Attachment term. ~tcmber 30 shall be billed and vouchers received by ter than December 31,200/.~fOO ER MONTH MAXIMUM REIMBURSEMENT: lment, PERFORMING AGENCY shall earn administrative each participant served as defined above. tees that: qCY shall identify and document separately not less than ;trative costs as expenditures directly related to nutrition ing. Nutrition education and counseling expenditures shall nentation of participant attendance or non-attendance. {CY will reimburse PERFORMING AGENCY for ;es at a rate not greater than 5.26 times the amount of expenditures for nutrition education and counseling, but not rased on actual participation not to exceed PERFORMING participant caseload, plus any incentive funds allocated to NCY by RECEIVING AGENCY. (3) RECEIVING AGENCY will limit (cap) PERFORMING AGENCY'S indirect costs to the lesser Of the rate approved by RECEIVING AGENCY'S Fiscal Division or twenty f20) percent applied to PERFORMING AGENCY'S total direct salaries plus I~enefits reimbursed by RECEIVIN,,G, AGENCY. However, approval shall be obtained from RECEIVING AGENCY S Fiscal Division before the recovery of any ihdirect costs is permitted, except for indirect cost recoveries using amounts contaiged in the Uniform Grants Management Standards (UGMS) for which approval c~n be granted by the WIC Program office. (4) RECEIVING AGENCY will identify annually to PERFORMING AGENCY an amount of funds tha! shall be spent for breastfeeding promotion. The allocation of breastfeeding fttnds to PERFORMING AGENCY will be based on PERFORMING AGENCY'S proportional share of the statewide combined total of pregnant and brea~tfeeding participants as reported to RECEIVING AGENCY. (5) RECEIVING AGENCY also reserves the right to withhold a proportionate amount of earned administrative funds when evidence exists that nutrition education and/or !breastfeeding promotion is not being provided by PERFORMING AGENCY, or PERFORMING AGENCY is not complying with the provisions of USDA and/or RECEIVING AGENCY directives. ATTACHMENT - Page 6 (6) RECEIVING AGENCY reserves the right to utilize a competitive offering for the award of any future c(~nlracts at the end of the term of this Attachment. (7) (8) the rate(s) shown notification to PERFC RECEIVING AGENCY may amend or terminate this Attachment if available funds become reducec~, depleted, or unavailable during the term of the Attachment to the extent that the WIC Program is unable to provide administrative funding at .bove. RECEIVING AGENCY will provide written RMING AGENCY of such fact. RECEIVING AGEN~ Attachment if provid Attachment (but not ( the best interest of th PERFORMING AGE stated above, PERF( JY may pay for additional services as specified in this :d by PERFORMING AGENCY during the term of this therwise paid during the term of this Attachment) if it is in : State and RECEIVING AGENCY Program to do so. If ',ICY exceeds the amount of earned administrative funds as )RMING AGENCY shall continue to bill RECEIVING AGENCY for the se~'vices provided. If additional funds become available at a later date for the pro,vision of these services, RECEIVING AGENCY may pay PERFORMING AGENCY a share of these funds. (9) RECEIVING AGENCY may provide incentives to WIC local agencies for clients who are provided WI~ services outside the normal traditional hours to the extent that federal funding i~ available. (10) RECEIVING AGENCY may adjust the base reimbursement rate defined above during the term of ti'lis Attachment if it is in the best interest of the State and RECEIVING AGENCY and if additional administrative WlC Grant funds are available. PERFORMING AGENCY shall indicate separately on the face of the claim for reimbursement (State of Texgas Purchase Voucher, TDH Form B-13) the costs associated with nutrition education, breast-feeding, and other administrative costs. General Provisions, Advance PaYments Article, is not applicable to this Attachment. However, PERFORMING AGENCY will be allowed the option of receiving a two (2) month cash advance in accordance with WlC Program Policy and Procedures. General Provisions, Program Income, paragraph one, is not applicable to this Attachment. General Provisions, Overtime Compensation Article, is not applicable to this Attachment. General Provisions, Equipment and Supplies Article, is replaced with the following: PERFORMING AGENCY shall accept responsibility and financial liability for all equipment and supplies l~urchased with RECEIVING AGENCY funds, whether purchased locally by PERFORMING AGENCY or by RECEIVING AGENCY and ATTACHMENT - Page 7 transferred to the care and custody of PERFORMING AGENCY. PERFORMING AGENCY shall conduct an annual physical inventory of all equipment purchased by RECEIVING AGENCY and submit it at a time to be specified by RECEIVING AGENCY. RECEIVING AGENCY reserves the right to recover the cost of equipment or supplies purchased by PERFORMING AGENCY if General Provisions, Reports Articl~ following: A final report, Financial Sta submitted no later than Dece] RECEIVING AGENCY and placed in the custody of such articles are lost, stolen, or otherwise unaccounted for. second paragraph, second sentence, is replaced with the Lus Report, Federal form 269 (TDH Form GC-3), shall be nber 31, 2004. SECTION III. BUDGET: All categories of costs,,b, illed to RECEIVING AGENCy, and allocation of such costs, shall be in accordance with the Plan to Allc~ca~te Direct Costs (PADC) submitted by PERFORMING AGENCY and approved by RECEIIVING AGENCY. This document is incorporated herein by reference and made a part of this Attachment. ATTACHMENT - Page 8 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS~ LOANS AND FOOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief that: (1) (2) (3) No federal appropriated fund~ have been paid or will be paid, by or on behalf of the undersigned, to any person fo~ influencing or attempting to influence an officer or an employee of any agency, a men, bet of Congress in cqnnection with the awarding of any federal contract, the making o[ any federal grant, the making of any federal loan, the entering into of any cooperativ~ agreement, and the extension, continuation, renewal, amendment, or modification Of an)' federal contract, grant, loan, or cooperative agreement. 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 undersigned shall complete and submit Standard Form-Ill, "Disclosure Form to Report Lobbying," in accordance with it's instructions. The undersigned 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 repl~esentation 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 impose, d 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 and not more than $100,000 for each such failure. Signature Print Name of Authorized Individual Date 7460005741 2004 04 Application or Contract Number CORPUS CHRISTI NwJECES COUNTY PUBLIC HEALTH DISTRICT (CITY) Organization Name and Address 1702 HORNE ROAD CORPUS CHRISTIi TX 78469 0000 RESOLUTION AUTHORIZING THE CTy MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPTA~ GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE AMOUNT OF $600,000 FOR THE WOMEN, INFANTS, AND CHILDREN (WIC) PROGRAM FOR FY 2004, BASED ON A $10.45 REIMBURSI~MENT FOR EACH PARTICIPANT SERVED / BE IT RESOLVED BY THE CIT COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; / SECTION 1. The City Manager, c~r the City Manager's designee, is authorized to accept a grant from the Texas Department of Health in the amount of $600,000 for the Women, Infants, and Children (W~C) Program for FY 2004, based on a $10.45 reimbursement for each participarlt served. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: September 9, 2003 Samuel L. Neal, Jr. Mayor ~'.,~z.' Lisa Aguilar~'"'~ Assistant City Attorney for City Attorney ORDINANCE APPROPRIATING A DEPARTMENT OF HE~ FUND IN THE AMOI INFANTS AND CHIL£ BASED ON A $1 PARTICIPANT SERVEl BE IT ORDAINED CHRISTI, TEXAS: ~,ENEWAL GRANT WITH THE TEXAS ~LTH IN THE NO. 1066 HEALTH GRANTS INT OF $600,000 FOR THE WOMEN, REN (WIC) PROGRAM FOR FY 2004, ).45 REIMBURSEMENT FOR EACH ); AND DECLARING AN EMERGENCY. BY THE CITY COUNCIL OF THE CITY OF CORPUS SECTION 1. That a renewal giant with the Texas Department of Health is appropriated in the No. 1066 Health Grants Fund in the amount of $600,000 for the Women, Infants and Children 0NIC) Program for FY 2004, based on a $10.45 reimbursement for each particiC)ant served. 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) suspend~ the Charter rule that requires consideration of and voting upon ordinances at ~NO regular meetings so that this ordinance is passed and takes effect upon f~irst reading as an emergency measure this the __ day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: September 9, 2003 Lisa Aguilar L,/ Assistant City Attorney for City Attorney 6 AGENDA MEMORANDUM Date: September 16,2003 SUBJECT: South Texas Library[System Technical Assistanc{ Negotiated Grant for state fiscal year 2003-2004 AGENDA ITEMS: a) Motion authorizing the City Manager or his designee to accept a grant in the amount of $78,900 and to execute a contract and all related documents with the Texas State Library ~md Archives Commission for the continued operation of the Technical Assistanc~ Negotiated Grant Program administered by the South Texas Library System, which is located at the Corpus Christi Public Library, for the state fiscal year 2003-2004. b) Ordinance appropriating $78,900 from the Texas State and Archives Commission in the No. 1068 Library Grants Fund for full-time computer repair technician for public libraries withih the South Texas Library System; and declaring an emergency. ISSUE: The Texas State Library and Archix~es Commission designates and funds ten regional library systems in Texas each fiscal year. Gorpus Christi Public Library has been the Major Resource Center for South Texas Library System since 1971-72 and continues to be so designated in state fiscal year 2003-2004. Each regional library system is eligible to apply for a Technical Assistance Negotiated Grant to aid public library staff in using and maintaining information resource technology. South Texas Library System (STLS) provides supplementary services to its fifty-two member libraries in a twenty-six county area~ of South Texas. The Technical Assistance Negotiated Grant will provide technology support and training to those fifty-two member libraries including Corpus Christi Public Library, which is a fully participating member as well as the administrative headquarters for South Texas Library System. The contract will provide personnel: funds for one full time staff member and associated costs for telecommunications, equipment, professional services, travel, and supplies. The City will be reimbursed $5,225 for administering this grant; this indirect cost recovery is calculated at 13.93 percent of salaries. No funding will be required or requested from the City. The grant period is for September 1, 2003 through AugUst 31, 2004. This grant reflects an increase of $9,591 over last state fiscal year. AGENDA MEMORANDUM (Cont.) Technical Assistance Negotiated Grant 2003-2004 REQUIRED COUNCIL ACTION: Contracts in excess of $25,000 and appropriation of funds require City Council approval. RECOMMENDATION: i acceptance of gr~nt and appropriation of funds. Staff recommends Herb Canales Director of Libraries ORDINANCE APPROPRIATING Al STATE LIBRARY ANI 1068 LIBRARY GRAI~ REPAIR TECHNICIAN SOUTH TEXAS LIBF EMERGENCY. }RANT OF $78,900 FROM THE TEXAS ARCHIVES COMMISSION IN THE NO. TS FUND FOR FULL-TIME COMPUTER FOR PUBLIC LIBRARIES WITHIN THE ~,RY SYSTEM; AND DECLARING AN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant of ~78,900 from the Texas State Library and Archives Commission is appropriated iq the No. 1068 Library Grants Fund for full-time computer repair technician fo~public libraries within the South Texas Library System. ~ SECTION 2. That upon writte copy attached, the City Counc need for immediate action nec of City affairs and (2) suspend and voting upon ordinances al request of the Mayor or five Council members, (1) finds and declares an emergency due to the ~ssary for the efficient and effective administration ~ the Charter rule that requires consideration of two regular meetings so that this ordinance is passed and takes effect upon ~first reading as an emergency measure this the __ day of ,2003, ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: September 9, 2003 Lisa Aguilar (._.) Assistant City Attorney for City Attorney TEXAS STATE LIBRARY & ARCHIVES COMMISSION TECHNICAL AS&ISTANCE NEGOTIATED GRANT Grant # 476-04014 I. CONTRACTING PARTIES Grantor: Grantee: Texas State Librar)[ and Archives Com~nission (TSLAC) City of Corpus Ch~sti, Corpus Christi Public Library 805 Comanche Street Corpus Christi, TeXas 78401-2715 Il. TERM OF GRANT September 1, 2003, to August 31, 2004 IlL GRANTOR CERTIFICATION The grantor certifies that (1) the services specified below are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the grant is in compliance with Texas Government Code § 441.006, General Powers and Duties; Texas Government Code § 441.135 Grants (Systems Act); P.L. 104-208, the Library Services and Technology Act (LSTA); the State Plan for the LSTA in Texas; and, the Uniform Grant Management Standards (UGMS). IV. GRANT AMOUNTS A. The total amount of the grant shall not exceed: $ 78,900 B. Source of funds: CFDA # 45.310 Institute of Museum and Library Services, State Library Program Federal Fiscal Year 2003 Carryover Bill & Melinda Gates Foundation Gifts State Fiscal Year 2004 Page 1 of 9 Fiscal Year 2004 City of Corpus Christi Technical Assistance Negotiated Grant TSLAC's accounting cod!ng: Index Code 247621, Object Code 7611 Index Code 243191, Object Code 7611 Of the total amount awarded fo[ all Technical Assistance Negotiated Grants, 90% is from Federal L.S.T.A. funds (P.L. 1(!4-2081 and Budget: Personnel Fringe Benefits Travel Equipment/Property Supplies Contractual Other 1(/% is from Bill & Melinda Gates Foundation funds. $37,512 14,000 14,465 0 3,023 4,200 475 Total Direct Costs $73,675 Indirect Costs 5,225 Total $78,900 These budget categories are defined in UGMS Section Il, Attachment B and in the Technical Assistance Negotiated Grants Plrogram Guidelines. Expenditures in the following budget categories are funded through the Technical Assistance portion of a grant to TSLAC from the Bill & Melinda Gates Foundation: 1. Travel 2. Equipment 3. Supplies Grantee must notify Grantor in ~vriting if transferring funds into or out of any of the above three budget categories, even if the total amount transferred does not exceed 10% of the total grant award. V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES The Grantor must give whiten prior approval for any of the following fiscal changes: 1. Making cumulative transfOrs among budget cost categories or projects which are expected to exceed ten (101 percent of the total grant. 2. Transferring any funds into a budget cost category that currently equals zero ($01. Page 2 of 9 Fiscal Year 2004 City of Corpus Christi Technical Assistance Negotiated Grant Written prior approval is to be requested on the Prior Approval Request form and shall be requested when nearing the 10% limit, or within 30 days of the end of the grant term. This provision does not allow the total grant amount to be exceeded. All prior approvals must be received by August 2, 2004. Approvals received after this date will be considered on a case- by-case basis. The Grantor must give g, ritten ]?rior approval for any of the following programmatic changes to the application (Technical Assistance Negotiated Grants lor State Fiscal Year 2004). I. Obtaining the services of ~third party to perform activities which are central to the purposes of the grant. 2. Changing the scope or objectives of the approved program, regardless of whether there is an associated budget revislon. A change in scope is a substantive difference in the approach or method used t~) reach program objectives. Written prior approval is to be r+quested on the Prior Approval Request form. All prior approvals must be received by Qrantor by August 2, 2004. Approvals received after this date will be considered on a case-by-case basis. The Grantor hereby gives approgal for the items specified under the cost categories outlined below, if any. Before the Grantee obligates or expends grant funds for additional iten~s in the following cost categories, the GIantor must give written prior approval. Written prior approval is to be requested on the Prior A4pproval Request form. Written prior approval is also required if an item's cost or features are substantially different from what the grant specifies, or from a previous Prior Approval RequeSt. All prior approvals must be received by Grantor by August 2, 2004. Approvals received after this date will be considered on a case-by-case basis. COST CATEGORIES 1. Preaward Costs None 2. Insurance (if not required by [the grant) None 3. Rearrangements and Alteratigns of Facilities None 4. Equipment/Property None Subject to the obligations and conditions set forth in Uniform Grant Management Standards (UGMS) Section m, Subpart C.32 (la), title to equipment acquired under a grant will vest upon acquisition in the Grantee. The Grantee must include any Equipment/Property acquired with grant funds in the required bi-annual property inventory, and follow UGMS guidelines for property disposal. Page 3 of 9 Fiscal Year 2004 City of Corpus Christi Technical Assistance Negotiated Grant Equipment/Property is hereby defined as an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost that equals or exceeds the capitalization amount established by Grantee's governing entity. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with a Prior Approval Request Forin. This category includes equipment, furniture, library materials, etc., purchased wholly or in part with grant funds. The prior approval am the cost of the equipment and/or pr( such as the cost of any modification make the item usable for the purpos protective in-transit insurance, freig expenditure cost in accordance witk VI. STATEMENT OF SERVICES T~ The Grantee will comply during the p grant application (Technical Assistan, VII. TERMS AND CONDITIONS )unt is the total capital expenditure amount, which is defined as perry, including any cost necessary to put the item into service, ;, attachments, accessories, or auxiliary apparatus necessary to : for which it is acquired. Ancillary charges, such as taxes, duty, at, and installation may be included in, or excluded fi'om, capital the Grantee's regular accounting practices. BE PERFORMED :iod of this contract and provide services outlined within the :e Negotiated Grants for SFY 2004) as approved by the Grantor. A. The Grantee will comply with tine Technical Assistance Negotiated Grants Program Guidelines for SFY 2004. The Grantee will comply with tine Rules for Administering the Library Systems Act. Note that Rule 1.97 (a) will not be applicable during the term of this grant. The Grantee will comply with tine following three parts of the Governor's Office of Budget and Planning, Uniform Grant Management Standards (UGMS), revised January 2001, located at http://www.g~vern~r.state.tx.us~divisi~ns/stategrants/guidelines/~iles/UGMS~2~.d~c. 1. Cost Principles for State and Local Governments and Other Affected Entities (adapted from OMB Circular' A-87) 2. State Uniform Administrative Requirement for Grants and Cooperative Agreements (adapted from OMB Circular A-102) 3. State of Texas Single Audit Circular (adapted from OMB Circular A-133) For grants funded with state funds, the Grantee will comply with the third part of UGMS, the State of Texas Single Audit CirCular. For grants funded with federal funds, the Grantee will comply with the Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations (revised 6/97), located at http://www. whitehouse.gov/omb/grants/grants circulars, html. The Grantee will comply with the Institute of Museum and Library Services' 45 Code of Federal Regulations, Part 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments (adapted from OMB Circular A-102). Page 4 of 9 Fiscal Year 2004 City of Corpus Christi Technical Assistance Negotiated Grant FI, The Grantee will send the GrantOr a copy of any management letters issued by the auditor with the reporting package (or writte, notification, as applicable). The audit's Schedule of Erpe~diturex of Federal a~d State Awar& will list the amount of awards expended for each award year separately. The Grantee may not obligate gl obligations must bc liquidated. before August 2, 2004. All un~ Financial Status Report duc No~ received no later than Octobe~ The Grantee will add any progrz program income for the purpose ant funds after August 31, 2004. By October 15, 2004, all Final request for advance must be received by Grantor on or xpended funds must be returned to the Grantor along with the Final ember 15, 2004. Final request for reimbursement must be 15, 2004. m income to the funds committed to the grant, using such and under the conditions of the grant. The source and amount of the program income must be ~xplained in box 12 of the quarterly Financial Status Report. All publicity relating to the grarit award must include acknowledgement of the Institute of Museum and Library Services a0d the Texas State Library and Archives Commission whenever possible and practical. Publicit/{ includes, but is not limited to, press releases, media ~events, public events, displays in the library, announcements on the Grantee's website, and materials distributed through the grant prc~ject. The Grantee will provide the Grantor with one (1) set of any public relations materials produced under this grant. The Grantee certifies by this co~}tract that it will comply with the Assurances - Non- Construction Programs (OMB S~tandard Form 424B), the Certification Regarding Debarment, Suspension, Ineligibility and VOluntary Exclusion Lower Tier Covered Transactions, and the Certification Regarding Lobbying as submitted to the Grantor. Additional assurances are listed in UGMS, Subpart B.14. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, futura employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or age~nts shall neither solicit nor accept gratuities, favors or anything of monetary value from contractlors, potential contractors or parties to sub agreements. The Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. The UGMS Subpart C, Sec. 32, (d) requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment every two years. This biennial inventory does not need to be submitted to the Grantor, but must be maintained by the grantee and will be subject to review by the grantor. The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems, still and video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular and portable telephones) to be mainl~ained on inventory if their cost is above $500, or if they could be easily lost or stolen. Page 5 of 9 Fiscal Year 2004 City of Corpus Christi Technical Assistance Negotiated Grant Subject to the obligations and conditions set forth in the UGMS Section III, Subpart C, Sec. 32 (a), title to equipment acquired Under a grant will vest upon acquisition in the Grantee. When property is vested m the Grantee, the Grantee will dispose of equipment/property in accordance with the UGMS Subpart C, Sec. 32, (e). When the Grantee has been given federal or state equipment/property, the UGMS Subpart C, Sec. 32, (f) will be followed. The Grantee agrees to submit thc Equipment/Property Acquired Form by October 29, 2004, for all equipment/property purcha! ed during the current grant year. This list must balance the equipment/property purchased ~, ,ith prior approval amounts. The Grantee agrees to submit thc' Uniform Statistical Report form for Technical Assistance Negotiated Grants, including E:~planation of Variance, according to the following schedule: Reporting Period September 1, 2003 - November]30, 2003 December 1, 2003 - February 29, 2004 March 1, 2004 - May 31, 2004 June 1, 2004 - August 31, 2004 Due Date December 5, 2003 March 5, 2004 June 7, 2004 September 6, 2004 The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of Services provided by its programs and services. The Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. The Grantee agrees to submit tile quarterly Financial Status Report for the project funded under this contract according to the following schedule: Reporting Period September 1, 2003 - November 30, 2003 December 1, 2003 - February 29, 2004 Mamh 1, 2004 - May 31, 2004 June 1, 2004 - August 31, 2004 Due Date December 29, 2003 March 26, 2004 June 28, 2004 September 27, 2004 A final Financial Status Report is due by November 15, 2004. The Grantee agrees to submit ar~ annual Gates Grant Technical Assistance Report according to the following schedule: Reporting Period September 1, 2003 - August 31, 2004 Due Date September 27, 2004 The Grantee will submit the Wgrkshop Reporting Form to the Grantor for the period of September 1, 2003, to August 31, 2004, on or before September 27, 2004. Page 6 of 9 Fiscal Year 2004 City of Corpus Christi Technical Assistance Negotiated Grant The Grantee is restricted to one of two methods for requesting funds from the Grantor. The Grantee may request an advance payment for estimated expenditures to be incurred for the upcoming 30 days, or request a reimbursement of the actual expenditures for the Grantee's normal billing cycle. The Grantee will request payme*t on the OMB Standard Form 270, Request for Advance or Reimbursement, using box 12 r~ther than box 11, if requesting funds in advance. Requests may be made monthly, quarterly or any other time period, but not more than once a month. To request funds, Form 270 is doe to the Grantor by the 15th of the month. If requesting a reimbursement, the funds will usually be received by the Grantee within 10 days after TSLAC receives the funds from the fedeX'al government. If requesting an advance, the Grantee must follow procedures that minimizd the time elapsing between the receipt and the disbursement of advanced grant funds. Requests for advance funds will be disbursed by the first working day of the advance period on thc request, provided request forms are received by stated deadlines. The Grantee agrees to develop olr revise, as necessary, the specific written documentation of their current procedures for (!) collecting and reporting performance measures, and (2) conducting a fixed asset inventor-y, and (3) any other issues identified in the Grantor'~s internal audit report of grant actilvities dated May 2003. Drafts of this procedural documentation will be submitted to Grantor by October 29, 2003. Grantor will provide review and guidance to enable filnal versions to be approved by December 31, 2003. VIII. ENFORCEMENT A. Remedies for noncompliance. If a Grantee or Sub-grantee materially fails to comply with any term of an award, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, the awarding agency may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: (1) Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub- grantee, or more severe enforcement action by the awarding agency; (2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; (3) Wholly or partly suspend or terminate the current award for the Grantee's or Sub-grantee's program; (4) Withhold further awards for the program; or (5) Take other remedies that may be legally available. B. Hearings, Appeals. In taking an enfomement action, the awarding agency will provide the Grantee or Sub-grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub-grantee is entitled under any statute or regulation applicable to the action involved. Page 7 of 9 Fiscal Year 2004 City of Corpus Christi Technical Assistance Negotiated Grant Effects of suspension and terminationi Costs of Grantee or Sub-grantee resulting from obligations incurred by the Grantee or Sub-grantee during a suspension or after termination of an award are not allowable, unless the awarding agency expressly authorizes them in the notice of suspension or termination or subsequently. Other G[rantee or Sub-grantee costs during suspension or after ret ruination which are necessary, and gol reasonably avoidable, lire allowable il': (1) Thc costs result from obligations before the effective date of suspe[ of a termination, are noncancelab] (2) The costs would be allowable if ti the funding period in which the te D. Relationship to Debarment and Suspe including suspension and termination vhich were properly incurred by the Grantee or Sub-grantee sion or termination, are not in anticipation of it, and, in the case e; and, e award were not suspended or expired normally at the end of rmination takes effect. ~sion. The enforcement remedies identified in this section, do not preclude Grantee or Sub-grantee from being subject to "Debarment and Suspension" under E.O. 12549 (see UGMS Section Il/, Subpart C, Sec. 35) and state law. IX. CONTACTSATTSLAC Questions or concerns about progralnmatic issues and Prior Approval Requests should be directed to this grant's Program Manager: Kathleen Walls Grants Coordinator Phone: 512-463-5532 Fax: 512-463-8800 E-mail: kv~alls @ tsl.state.tx.us Questions or concerns about regula!ory or financial issues should be directed to: Mary Lopez Manager, Accounting and Grants Department Phone: 512-463-6626 Fax: 512-475-0185 E-mail: m]opez @ tsl.state.tx.us Fax Requests for Reimbursement/Advance, Financial Status Reports, Workshop Report Forms, Uniform Statistical Reports, annual Property/Inventory Reports, and other miscellaneous forms and reports to: April Kral Grants Aceountant Phone: 512-463-5472 Fax: 51:2-475-0185 E-mail: alqral @ tsl.state.tx.us Page 8 of 9 Fiscal Year 2004 City of Corpus Christi Technical Assistance Negotiated Grant X. Al'PlACABLE AND GOVERNI A. This grant shall be governed by legally performable in Texas. T contract shall be the law of (and Payments to the Grantor, such as those for excess advanced funds or for interest earned each quarter on advanced funds, should be mailed with an explanation of the purpose of the payment and the grant number to: April Kral Grants Accountant Texas State Library and Archives Commission PO Box 12516 Austin, TX 78711-2516 NG LAW he laws of the State of Texas. All duties of either party shall be ~e applicable law for any legal disputes arising out of this all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such digputes shall be Travis County, District Court. This grant is subject to availability of funds. XI. SIGNATURES GRANTOR GRANTEE Texas State Library and Archives Commission City of Corpus Christi, Corpus Christi Public Library Edward Seidenberg, Assistant State Librarian Signature (Must be an official empowered to enter into contracts) Typewritten or Printed Name Title Date Date Donna ~)sbo~nt~, Cl~ief Fiscal Officer t/a/o Date all.eta a. abndl~y ~, As{Rstant City Attorney F" ] For Oity Attorney ~ Page 9 of 9 Fiscal Year 2004 City of Corpus Christi Technical Assistance Negotiated Grant 7 AGENDA MEMORANDUM Date: September 16, 2003 SUBJECT: South Texas LibraryI System Grant for state fiscal 3'ear 2003-2004. AGENDA ITEMS: a) Motion authorizing I amount orS 635,691 Texas State Library ~ South Texas Librar b) Ordinance appropria Commission for the No. 1068 Library Gr he City Manager or his designee to accept a grant in the and to execute a contract and all related documents with the tnd Archives Commission for the continued operation of the System located at the Corpus Christi Public Library. :ing $ 635,691 from the Texas State and Archives :ontinued operation of the South Texas Library System in the rots Fund; and declaring an emergency. ISSUE: The Texas State Library and ArchiVes Commission (TSLAC) designates and funds ten regional l!brary systems each fiscal year. Co~pus Christi Public Library has been the Major Resource Center for South Texas Library System (STLS) since 1971-72 and continues to be so designated in state fiscal year 2002-2003. The purpose of South Texas Library System is to provide supplementary and auxiliary services to its 52 member libraries in a twenty-six county area of South Texas. Corpus Christi Public Library is both administrative headquarters for STLS and a fully participating member of STLS. The plan of service and budget are developed in consultation with: member library representatives; an advisory counci! of six laymen; the director of Corpus Christi Public Libraries; and Texas State Library and Archives Commission. Current projects that will be continued are: Administration, Collection Development, Consulting, Continuing Education, Literacy, Networked Resources, OUtreach Services, and Reference Backup. The contract provides funds for seven full-time staff members, library materials, supplies, equipment, telecommunications, trhvel, postage, printing, and professional services. Corpus Christi Public Libraries will receive $18,230 in library materials and $1,000 in adult literacy materials. In addition, the City will receive $37,248 in indirect costs calculated at 13.93 percent of direct salaries. No funding will be required or requested from the City. The grant is from September 1, 2003 through August 31, 2004. An additional $70,632 is anticipated as an amendment to this contract during the first quarter of the fiscal year. Texas State Library and Archives Commission must evaluate the financial implications of an early retirement option before releasing additional funds. If that amount is received the total grant amount this year would represent a decrease of $47,088 or 6%. AGENDA MEMORANDUM (Cont.) South Texas Library System Grant 2003-2004 REQUIRED COUNCIL ACTION Contracts in excess of $25,000 and appropriation of funds require City Council approval. RECOMMENDATION: Staff recommends acceptm~ce of grlnt and appropriation of funds. Herb Canales Director of Libraries TEXAS STATE LIBRARY & ARCHIVES COMMISSION LIBRARY SYSTEM OPERATION GRANT I Grant # 470-04004 CONTRACTING PARTIES / Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Corpus 805 Comanche St: Corpus Christi, Tt 1I. TERM OF GRANT September 1, 2003, to August 31, III. GRANTOR CERTIFICATION risti, Corpus Christi Public Library eet xas 78401-2715 004 The Grantor certifies that (1) the services specified below are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the grant is in compliance with Texas Government Code § 441.006, General Powers and Duties; Texas Government Code § 441.135 Grants (Systems Act); P.L. 104-208, the Library Services and Technology Act (LSTA); the State Plan for the LSTA in Texas; and, the Uniform Grant Management Standards (UGMS). IV. GRANT AMOUNTS A. The total amount of the grant shall not exceed: $635,691 B. Source of funds: CFDA # 45.310 Institute of Museum and Library Services, State Library Program Federal Fiscal Year 2003 Carryover General Revenue State Fiscal Year 2004 Page 1 of 9 Fiscal Year 2004 Library System Operation Grant SYSTEM: South Texas Library System Budget Information Form 2004 EXPENSE Networked Outreach Reference CATEGORY Admin CD Cons CE LIT Resources Services Backup TOTAL Personnel $120,501 $9,267 $61,549 $29,180 $2,095 $8,437 $1,576 $34,789 $267,394 Fringe Benefits $33,922 $2,720 $16,394 $7,989 $582 $2,150 $397 $11,325 $75,479 Travel $16,030 $0 $8,000 $5,000 $0 $0 $0 $0 $29,030 Equipment $0 $0 $0 $0 $0 so $0 ___ $0 Supplies $7,184 $142,356 $11,325 $100 $22,250 $0 $0 $1,700 $184,915 Contractual $5,050 $0 $0 $8,000 $2,750 $2,200 $15,900 $0 $33,900 Other $4,500 $600 $500 $400 $75 $0 $0 $1.650 $7,725 TOTAL DIRECT CHARGES $187,187 $154,943 $97,768 $50,669 $27,752 $12,787 $17,873 $49,464 $598,443 Indirect Charges $16,786 $1,291 $8,574 $4,065 $292 $1,175 $219 $4,846 $37,248 TOTALS $203,973 $156,234 $106,342 $54,734 $28,044 $13,962 $18,092 $54,310 $635,691 Indirect is 13.93% of direct salaries. Page 2 of 9 TSLAC's accounting coding: Index Code 24702, Object Code 7611 Index Code 24701~, Object Code 7611 Of the total amount awarded f funds (P.L. 104-208) and 19.3 disbursement may vary. V. WRITTEN PRIOR APPROVAl The Grantor must give written 1. Making cumulative trans to exceed ten (10) percenl 2. Transferring any funds inl Written prior approval is to be 10% limit, or within 30 days of grant amount to be exceeded. 2004. Approvals received afte · all System Operation Grants, 80.61% is from Federal L.S.T.A. 7o is from State General Revenue. An individual Grantee's FOR FISCAL AND PROGRAMMATIC CHANGES Prior approval for any of the following fiscal changes: ,~rs among budget cost categories or projects which are expected of the total grant. o a budget cost category that currently equals zero ($0). equested on the Prior Approval Request form when nearing the the end of the grant term. This provision does not allow the total dl prior approvals must be received by Grantor by August 2, r this date will be considered on a case-by-case basis. The Grantor must give written ] ~rior approval for any of the following programmatic changes to the application (System Plan of. Service): 1. Obtaining the services of third party to perform activities which are central to the purposes of the grant. 2. Changing the scope or o.b~ectives of the approved program, regardless of whether there is an associated budget revision. A change in scope is a substantive difference in the approach or method used Ko reach program objectives. Written prior approval is to be l'equested on the Prior Approval Request form. All prior approvals must be received by Grantor by August 2, 2004. Approvals received after this date will be considered on a case-I~y-case basis. The Grantor hereby gives apprOval for the items listed under the cost categories outlined below, if any. Before the Grantee obligates or expends grant funds for additional items in the following cost categories, the Grantor must give written prior approval. Written prior approval is to be requested on the Prior Approval Request form. Written prior approval is also required if an item's cost or features are subsiantially different from what the grant specifies or from a previous Prior Approval Request. All poor approvals must be received by Grantor by August 2, 2004. Approvals received after this Idate will be considered on a case-by-case basis. COST CATEGORIES 1. Preaward Costs None 2. Insurance (if not required b,~ the grant) None Page 3 of 9 Fiscal Year 2004 Library System Operation Grant 3. Rearrangements and Alterations of Facilities None 4. Equipment/Property None Subject to the obligations and conditions set forth in the Uniform Grant Management Standards (UGMS) Section l-II, Subpart C.32 (aI, title to equipment acquired under a grant will vest upon acquisition in the Grantee. The Grantee must include any Equipment/Property acquired with grant funds in the required bi-annual property inventory, and follow UGMS guidelines for property disposal. VI. Equipment/Property is hereby define( having a useful life of more than one capitalization amount established by ~ Grantor certifying the governing entit This category includes equipment, fu] grant funds. The prior approval amot the cost of the equipment and/or prop such as the cost of any modifications, make the item usable for the purpose protective in-transit insurance, freighl expenditure cost in accordance with t as an article of nonexpendable, tangible personal property !ear and an acquisition cost that equals or exceeds the Jrantee's governing entity. Grantee must furnish a statement to y's capitalization level with a Prior Approval Request Form. niture, library materials, etc. purchased wholly or in part with nt is the total capital expenditure amount, which is defined as ~rty including, any cost necessary to put the item into service, attachments, accessories, or auxiliary apparatus necessary to [or which it is acquired. Ancillary charges, such as taxes, duty, , and insta!lation may be included in, or excluded from, capital ~e Grantee s regular accounting practices. STATEMENT OF SERVICES T0 BE PERFORMED The Grantee will comply during the 14eriod of this contract and provide services outlined within the application (System Plan of Service fpr State FY04) as approved by the Grantor. System activities shall support and encourage the active and successful participation by libraries in services offered by the System and the Grantor. VII. TERMS AND CONDITIONS A. The Grantee will comply with the System Plan of Service Program Guidelines for SFY 2004. The Grantee will comply with tine Rules for Administering the Library Systems Act. Note that Rule 1.97 (a) will not be applic6ble during the term of this grant. The Grantee will comply with the following three parts of the Governor's Office of Budget and Planning, Uniform Grant Management Standards (UGMS), revised January 2001, located at http://www.g~vern~r.state.tx.us/divisi~ns/stategrants/guidelines/~les/UGMS~2~.d~c. 1. Cost Principles for State and Local Governments and Other Affected Entities (adapted from OMB Circulax A-87) 2. State Uniform Administrative Requirements for Grants and Cooperative Agreements (adapted from OMB Circulal A-102) 3. State of Texas Single Audit Circular (adapted from OMB Circular A-133) Page 4 of 9 Fiscal Year 2004 Library System Operation For grants funded with state funds, the Grantee will comply with the third part of UGMS, the State of Texas Single Audit Ci/~cular. For grants funded with federal funds, the Grantee will comply with the Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations (revised 6/97), located at http://www, whitehouse, gov/omb/grants/grants circulars, html. The Grantee will comply with Regulations, Part 1183, Unifor Agreements to States and Loca The Grantee will send the Gra~ the reporting package (or writt~ Expenditures of Federal and , award year separately. The Grantee may not obligate l obligations must be liquidated. before August 2, 2004. All u~ Financial Status Report due N{ received no later than Octob, The Grantee will add any prog~ program income for the purpos of the program income must bc he Institute of Museum and Library Services' 45 Code of Federal n Administrative Requirements for Grants and Cooperative [ Governments (adapted from OMB Circular A-102). tor a copy of any management letters issued by the auditor with :n notification, as applicable). The audit's Schedule of ate Awards will list the amount of awards expended for each lant funds after August 31, 2004. By October 15, 2004, all Final request for advance must be received by Grantor on or expended funds must be returned to the Grantor along with the Final vember 15, 2004. Final request for reimbursement must be 15, 2004. am income to the funds committed to the grant, using such :s and under the conditions of the grant. The source and amount explained in box 12 of the quarterly Financial Status Report. All publicity relating to the grant award must include acknowledgement of the Institute of Museum and Library Services and the Texas State Library and Archives Commission whenever possible and practical. Publici{y includes, but is not limited to press, releases, media events, public events, displays in the library, announcements on the Grantee's website, and materials distributed through the grant p{oject. The Grantee will provide the Grantor with one (1) set of any pubhc relations matenals produced under this grant. The Grantee certifies by this cc}ntract that it will comply with the Assurances - Non- Construction programs (OMB 8tandard Form 424B), the Certification Regarding Debarment, Suspension, ineligibility and Vk~luntary Exclusion Lower Tier Covered Transactions, and the Certification Regarding Lobbying as submitted to the Grantor. Additional assurances are listed in UGMS, Subpart B. 14. The Grantee affirms that it has inot given, offered to give, nor intends to give at any time hereafter, any economic opportunity, futura employment, gift, loan, gratuity, special discount, trip, favor or service to a public~ servant in connection with this contract. The grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to sub agreements. K. The Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. The UGMS Subpart C, Sec. 32, (d) requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property Page 5 of 9 Fiscal Year 2004 Library System Operation every two years. This biennial inventory does not need to be submitted to the Grantor, but must be maintained by the grantee and will be subject to review by the grantor. The UGMS Subpart C, Sec. 32,I (d) (3) requires certain items of equipment (stereo systems, still and video cameras, facsimile m~chines, VCRs and VCR/TV combinations, and cellular and portable telephones) to be maintained on inventory if their cost is above $500, or if they could be easily lost or stolen. Subject to the obligations and c, (a), title to equipment acquired When property is vested in the accordance with the UGMS Sul state equipment/property, the U )nditions set forth in the UGMS Section l]I, Subpart C, Sec. 32 ~nder a grant will vest upon acquisition in the Grantee. }rantee, the Grantee will dispose of equipment/property in ,part C, Sec. 32, (e). When the Grantee has been given federal or 3MS Subpart C, Sec. 32, (f) will be followed. L. The Grantee agrees to submit tl~e Equipment/Property Acquired Form by October 29, 2004, for all equipment/property purchased during the current grant year. This list must balance the equipment/property purchased ~vith prior approval amounts. M. The Grantee agrees to submit t~e Key Performance Target Report to the Grantor according to the following schedule: Reporting Period September 1, 2003- November p0, 2003 December 1, 2003 - February 29, 2004 March 1, 2004 - May 31, 2004 June 1, 2004 - August 31, 2004i Due Date December 5, 2003 March 5, 2004 June 7, 2004 September 6, 2004 The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of !services provided by its programs and se?vices. The Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. The Grantee agrees to submit the Uniform Statistical Reporting Form for Systems to the Grantor monthly, by the end of the following month. The Grantee agrees to submit the quarterly Financial Status Report for each project funded under this contract according tO the following schedule: Reporting Period September 1, 2003 - November 30, 2003 December 1, 2003 - February 29, 2004 March 1, 2004 - May 31, 2004 June 1, 2004- August 31, 2004 Due Date December 29, 2003 March 26, 2004 June 28, 2004 September 27, 2004 A final Financial Status Report is due by November 15, 2004. Page 6 of 9 Fiscal Year 2004 Library System Operation The Grantee will submit the Local/Systems Objectives Report to the Grantor. This report may be submitted monthly with the Uniform Statistical Report, or quarterly with the Key Performance Target Report. Q. The Grantee will submit the Wol'kshop Reporting Form to the Grantor for the period of September 1, 2003, to August 31 The Grantee agrees to submit the The first is due March 26, 2004, The Grantee is restricted to one c Grantee may request an advance upcoming 30 days, or request a r, billing cycle. 2004, on or before September 27, 2004. Narrative Report to the Grantor twice during the grant period. ind the final report is due September 27, 2004. f two methods for requesting funds from the Grantor. The payment for estimated expenditures to be incurred for the fimbursement of the actual expenditures for the Grantee's normal The Grantee will request payment on the OMB Standard Form 270, Request for Advance or Reimbursement, using box 12 rather than box 11, if requesting funds in advance. Requests may be made monthly, quarterly or ar~y other time period, but not more than once a month. To request funds, Form 270 is dt~e to the Grantor by the 15th of the month. If requesting a reimbursement, the funds will usually be received by the Grantee within 10 days after TSLAC receives the funds froin the federal govermnent. If requesting an advance, the Grantee must follow procedures that minimize the time elapsing between the receipt and the disbursement of advanced grant funds. Requests ~for advance funds will be disbursed by the first working day of the advance period on the request, provided request forms are received by stated deadlines. The Grantee agrees to develop or revise, as necessary, the specific written documentation of their current procedures for (1) collecl~ing and reporting performance measures, and (2) conducting a fixed asset inventory, and (3) any other issues identified in the Grantor's internal audit report of grant activities dated May 2003. Drafts of this procedural documentation will be submitted to Grantor by October 29, 2003. Grantor will provide review and guidance to enable final versions to be approved by December 31, 2003. VIII. ENFORCEMENT A. Remedies for noncompliance. If a Grantee or Sub-grantee materially fails to comply with any term of an award, whether stated in a fedem~ or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, the awarding agency may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: (1) Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub- grantee, or more severe enforcement action by the awarding agency; (2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; Page 7 of 9 Fiscal Year 2004 Library System Operation (3) Wholly or partly suspend or terminate the current award for the Grantee's or Sub-grantee's program; (4) Withhold further awards for the program; or (5) Take other remedies that may be legally available. / B. Hearings, appeals. In taking an enforcement action, the awarding agency will provide the Grantee or Sub-grantee an opportunity for such l~earing, appeal, or other administrative proceeding to which the Grantee or Sub-grantee is entitled uniter any statute or regulation applicable to the action involved. C. Effects of suspension and terminatior~. Costs of Grantee or Sub-grantee resulting from obligations incurred by the Grantee or Sub-grantee during a suspension or after termination of an award are not allowable unless the awarding agenc~ expressly authorizes them in the notice of suspension or termination or subsequently. Other Grantee or Sub-grantee costs during suspension or after terrmnation which are necessary and hot reasonably avoidable are allowable if: (1) The costs result from obligations which were properly incurred by the Grantee or Sub-grantee before the effective date of suspe~nsion or termination, are not in anticipation of it, and, in the case of a termination, are noncancelable; and, (2) The costs would be allowable if ~he award were not suspended or expired normally at the end of the funding period in which the tbrmination takes effect. D. Relationship to Debarment and Suspgnsion. The enforcement remedies identified in this section, including suspension and termination, do not preclude grantee or sub grantee from being subject to "Debarment and Suspension" under E.O. 12549 (see UGMS Section 1II, Subpart C, Sec. 35) and state law. IX. CONTACTS AT TSLAC Questions or concerns about programmatic issues and Prior Approval Requests should be directed to this grant's Project Manager: Wendy Clark Library Systems Administrator Phone: 5[2-936-2236 Fax: 51~2-463-8800 E-mail: wendy.clark @ tsl.state.tx.us Questions or concerns about regulatory or financial issues should be directed to: Mary Lopcz Manager, Accounting and Grants Department Phone: 51~2-463-6626 Fax: 51.2-475-0185 E-mail: rnlopez @ tsl.state.tx.us Page 8 of 9 Fiscal Year 2004 Library System Operation Fax Requests for Reimbursement/Advance, Financial Status Reports, Workshop Report Forms, monthly Uniform Statistical Reports, and annual Property/Inventory Reports and other miscellaneous forms and reports tO: April Krall Grants Ac, Phone: 51 Fax: 51 E-mail: ak :ountant 2-463-5472 2-475-0185 :al@tsl.state.tx.us Payments to the Grantor, such as ti on advanced funds, should be mail ,'d with an explanation of the purpose of the payment and the grant number to: April Kral Grants Ac Accountin Texas Stal PO Box E ose for excess advanced funds or for interest earned each quarter :ountant g and Grants Department : Library and Archives Commission ;516 Austin, TX 78711-2516 X. APPLICABLE AND GOVERNING LAW This grant shall be governed by the laws of the State of Texas. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This grant is subject to availability of funds. XI. SIGNATURES GRANTOR GRANTEE Texas State Library and Archives Commission City of Corpus Christi, Corpus Christi Public Library Edward Seidenberg, Assistant State Librarian Signature (Must be an official empowered to enter into contracts) Typewritten or Printed Name Title Date Date Donna ~sb~, ~hief Fisc~ Officer lzlo Date Page 9 of 9 Fiscal Year 2004 Library System Operation ORDINANCE APPROPRIATING A GRANT OF $635,691 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION FOR CONTINUED OPERA'IlION OF THE SOUTH TEXAS LIBRARY SYSTEM IN THE NOI 1068 LIBRARY GRANTS FUND; AND DECLARING AN EMEI~GENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant of ${ Archives Commission is approl continued operation of the Sou SECTION 2. That upon writter copy attached, the City Counci need for immediate action nec( of City affairs and (2) suspend.~ 135,691 from the Texas State Library and ~riated in the No. 1068 Library Grants Fund for the :h Texas Library System. request of the Mayor or five Council members, (1) finds and declares an emergency due to the ,ssary for the efficient and effective administration the Charter rule that requires consideration of and voting upon ordinances at ~o regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ~ ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: September 9, 2003 Lisa Aguilar Assistant City Attorney for City Attorney 8 AGENDA MEMORANDUM Date: September 16,2003 SUBJECT: Corpus Christi Interlibrary Loan Referral Center Grant for state fiscal year 2003 -2004 AGENDA ITEMS: a) Motion authorizing ~ he City Manager or his designee to accept a grant in the amount of $127,226 and to execute a contract and all related documents with the Texas State Library ~md Archives Commission for the continued operation of the Interlibrary Loan Referral Center located at the Corpus Christi Public Library. b) Ordinance appropri~ing a grant of $127,226 from the Texas State and Archives Commission for the Continued operation of the Interlibrary Loan Referral Center located at the Corpu~ Christi Public Library, in the No. 1068 Library Grants Fund; and declaring an emergency. ISSUE: The Texas State Library and ArchiVes Commission designates and funds regional Interlibrary Loan Referral Centers each fiscal year. Corpus Christi Public Library has been a regional referral center since 1967-68 and continues to be so designated in state fiscal year 2003-2004. The purpose of Interlibrary Loan is ~to facilitate the lending and borrowing of books and other materials among libraries throughout the United States. Participating libraries in the 26 counties of South Texas are assigned to route their requests through this regional center. The contract will provide personnel funds for three full time staff members, costs for use of the computerized lending network, supplies, equipment maintenance, printing, postage, telephone, and travel. In addition, the City will receive $9,939 in indirect costs which is calculated at 13.93 percent of direct salaries. No funding will be required or requested from the City. The grant period is for September 1, 2003 through August 31, 2004. This grant reflects an increase of $622 over last state fiscal year. REQUIRED COUNCIL ACTION: Contracts in excess of $25,000 and appropriation of funds require City Council approval. RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds. Herb Canales Director of Libraries TEXAS STATE LIBRARY & ARCHIVES COMMISSION INTERLIBItARY LOAN CENTER GRANT Grant # 771-04040 1. CONTRACTING PARTIES II Grantor: Grantee: Texas State Library and Archives Commission (TSLAC) City of Corpus Christi, Corpus Christi Public Library 805 Comanche Corpus Christi, Tegas 78401-2715 TERM OF GRANT September 1, 2003, to August 31, 2004 III. GRANTOR CERTIFICATION The Grantor certifies that (1) the services specified below are necessary and essential for activities that are properly within the statuto~ functions and programs of the affected organizations; (2) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the grant is in compliance with Texas Government Code § 441.006, General Powers and Duties; Texas Government Code § 441.135, Gran[s (Systems Act); P.L. 104-208, the Library Services and Technology Act (LSTA); the State Plan for the LSTA in Texas; and, the Uniform Grant Management Standards (UGMS). IV. GRANT AMOUNTS A. The total amount of the grant shall not exceed: $127,226 B. Source of funds: CFDA #45.310, Institute of Museum and Library Service, State Library Program Federal Fiscal Year 2003 Carryover TSLAC's accounting coding: Index 17712, Object Code 7611, AY03 Page 1 of 9 Fiscal Year 2004 City of Corpus Christi Interlibrary Loan Center Grant Budget: Personnel $67,678 Fringe Benefits 24,036 Travel 400 Equipment 0 Supplies 5,500 Contractual 5,090 Other 15,094 Total Direct Costs $117,798 Indirect Costs 9,428 Total $127,226 These budget categories are defined in UGMS, Section Il, Attachment B and in the TexNet Center Policies Manual. V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES The Grantor must give written prior approval for any of the following fiscal changes: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant. 2. Transferring any funds into a budget cost category that currently equals zero ($0). Written prior approval is to be requested on the Prior Approval Request form when nearing the 10%, limit or within 30 days of the end of the grant term. This provision does not allow the total grant amount to be exceeded. Ail prior approvals must be requested by August 2, 2004. Approvals received after this tlate will be considered on a case-by-case basis. The Grantor must give written prior approval for any of the following programmatic changes to the (Interlibrary Loan application): 1. Obtaining the services of a third party to perform activities which are central to the purposes of the grant. 2. Changing the scope or objectives of the approved program, regardless of whether there is an associated budget revision. A change in scope is a substantive difference in the approach or method used to reach program objectives. Written prior approval is to be requested on the Prior Approval Request form. All prior approvals must be received by Grantor by August 2, 2004. Approvals received after this date will be considered on a case-by-case basis. Page 2 of 9 Fiscal Year 2004 City of Corpus Christi interlibrary Loan Center Grant The Grantor hereby gives approval for the items specified under the cost categories outlined below, if any. Before the Grantee obligates or expends grant funds for additional items in the following cost categories, the Gt'antor must give written prior approval. Written prior approval is to be requested on the Prior Approval Request form. Written prior approval is also required if an item's cost or features are substantially different from what the grant specifies or from a previous Prior Approval Request. All prior approvals must be received by Grantor by August 2, 2004. Approvals received after this date will be considered on a case-by-case basis. COST CATEGORIES 1. Preaward Costs None 2. Insurance (if not required bYlthe grant) None 3. Rearrangements and Alterations of Facilities None 4. Equipment/Property Subject to the obligations and conditions set forth in the Uniform Grant Management Standards (UGMS) Section III, Subpart Ci32 (a), title to equipment acquired under a grant will vest upon acquisition in the Grantee. The~ Grantee must include any Equipment/Property acquired with grant funds in the required bi-a~lnual property inventory, and follow UGMS guidelines for property disposal. Equipment/Property is hereby defined as an article of nonexpendable, tangible personal property having a useful life of more thah one year and an acquisition cost that equals or exceeds the capitalization amount established by Grantee's governing entity. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with a Prior Approval Request Form. This category i*cludes equipment, furniture, library materials, etc., purchased wholly or in part with grant funds. The prior approval amount is the total capital expenditure amount, which is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in transit insurance, freight, and installation may be included in, or excluded from, capital expenditure cost in accordance with the Grantee's regular accounting practices. VI. STATEMENT OF SERVICES ~0 BE PERFORMED · A. The Grantor will reimburse the Grantee for expenses incurred in processing and filling interlibrary loan requests for library materials and information from public, academic, and special libraries, and for processing interlibrary loan requests originating with the Grantee. The Page 3 of 9 Fiscal Year 2004 City of Corpus Christi Inteflibrary Loan Center Grant Grantor will also reimburse the Grantee for providing OCLC system use support to Texas Group selective user libraries in the Grantee's service area. The Grantee will provide free ir~terlibrary loan service according to the operating procedures set by the Grantor. The Grantee will employ the following staff whose work assignments are exclusively to provide interlibrary loan services: ' 1 Library AssistanI li (Group 018-F0) 1 Office Assistant II (Group 014-El) 1 Senior Library Aide (Group 010170) The Grantee will provide a telephone line(s) directly into the interlibrary loan office, telephone extension to local library telephones, and permit the computer(s) to be connected without charge to an OCLC modem with line ektenders or extended distance cables, or other appropriate technology. E. The Grantee agrees to provide iapid and convenient access to its catalog of holdings and its circulation system for use without charge by the project staff. F. The budget allocations are based on the following performance objectives: 1. Fill 14,100 interlibrary loan requests from the Grantee's resources. 2. Process 25,200 interlibrary loan transactions. 3. Maintain an average response time of 24 hours for interlibrary loan requests. 4. Maintain a maximum turaaround time of 8.0 days for requests from the region filled by the Grantee. 5. Maintain a maximum turnaround time of 15.0 days for requests referred to and filled by other libraries. The Grantee will comply during the pefiod of this contract with its Interlibrary Loan Center grant application. VII. TERMS AND CONDITIONS A. The Grantee will comply with the TexNet Center Policies Manual. The Grantee will comply with the following three parts of the Governor's Office of Budget and Planning, Uniform Grant Management Standards (UGMS), revised January 2001, located at http..//www.governor.state.tx.us/divisi~ns/stategrants/guidelines/~les/UGMS~ ~ 2001.doc. 1. Cost Principles for State and Local Governments and Other Affected Entities (adapted from OMB Circular A-87) 2. State Uniform Administrative Requirement for Grants and Cooperative Agreements (adapted from OMB Circular A-102) Page 4 of 9 Fiscal Year 2004 City of Corpus Christi Interlibrary Loan Center Grant 3. State of Texas Single Audit Circular (adapted from OMB Circular A-133) For grants funded with state funds, the Grantee will comply with the third part of UGMS, the State of Texas Single Audit Circular. For grants funded with federal funds, the Grantee will comply with the Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-P~ofit Organizations (revised 6/97), located at http.'//www. whitehouse.gov/omb/grants/gra~ts_circulars, html. The Grantee will comply with tt~e Institute of Museum and Library Services' 45 Code of Federal Regulations, Part 1183, Unifomt Administrative Requirements for grants and Cooperative Agreements to States and Local iGovemments (adapted from OMB Circular A-102). The Grantee will send the Grantgr a copy of any management letters issued by the auditor with the reporting package (or writteg notification, as applicable). The audit's Schedule of Expenditures of Federal and Stdte Awards will list the amount of awards expended for each award year separately. The Grantee may not obligate grant funds after August 31, 2004. By October 15, 2004, all obligations must be liquidated. [Final request for advance must be received by Grantor on or before August 2, 2004. All unCxpended funds must be returned to the Grantor along with the Final Financial Status Report dt~e November 15, 2004. Final request for reimbursement must be received no later than OctOber 15, 2004. The Grantee will add any program income to the funds cornmatted to the grant, using such program income for the purposes and under the conditions of the grant. The source and amount of the program income must be explained in box 12 of the quarterly Financial Status Report. All publicity relating to the grant award must include acknowledgement of the Institute of Museum and Library Services and the Texas State Library and Archives Commission whenever possible and practical. Publicity includes, but is not limited to, press releases, media events, public events, displays in the library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee agrees to provide the Grantor with one (1) set of any public relations materials produced under this grant. The Grantee certifies by this contract that it will comply with the Assurances - Non- Construction Programs (OMB Standard Form 424B), the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the Certification Regarding Lobbying as submitted to the Grantor. Additional assurances are listed in UGMS, Subpart B.14. Page 5 of 9 Fiscal Year 2004 City of Corpus Christi lnterlibrary Loan Center Grant The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportt~nity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public!servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contrac!ors, potential contractors or parties to sub agreements. The Grantee agrees to maintain exceed governing entity's capit~ Grantee to reconcile the equipm equipment/property every two ~ the Grantor, but must be mainta The UGMS Subpart C, Sec. 32, and video cameras, facsimile m portable telephones) to be main 'ecords on all equipment/property with an acquisition cost that lization level. The UGMS Subpart C, Sec. 32, (d) requires the :nt/property records with a physical inventory of the :ars. This biennial inventory does not need to be submitted to ned by the Grantee and will be subject to review by the Grantor. (d) (3) requires certain items of equipment (stereo systems, still tchines, VCRs and VCR/TV combinations, and cellular and ained on inventory if their cost is above $500, or if they could be easily lost or stolen. ~ Subject to the obligations and c6nditions set forth in the UGMS Section llI, Subpart C, Sec. 32 (a), title to equipment acquired ~ander a grant will vest upon acquisition in the Grantee. When property is vested in the Grantee, the Grantee will dispose of equipment/property in accordance with the UGMS Su~part C, Sec. 32, (e). When the Grantee has been given federal or state equipment/property, the UGMS Subpart C, Sec. 32, (f) will be followed. The Grantee agrees to submit tl~e Equipment/Property Acquired Form by October 29, 2004, for all equipment/property purchased during the current grant year. This list must balance with the equipment/property purchased with prior approval amounts. The State Legislature has charged the Grantor with submitting performance measurement reports that specify the level of!services provided by its programs and services. The Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. The Grantee will maintain a record of each interlibrary loan request submitted to other libraries. 2. The Grantee agrees to sul~mit ILL statistics to the Grantor monthly. The Grantee agrees to submit turnaround time data records to the Grantor within two weeks of the completion Of the data records. The Grantee agrees to participate fully in any special study, survey, or other research and testing, which is designed to e~aluate or improve interlibrary loan policies, procedures or management, when requested by the Grantor. N. The Grantee agrees to submit the quarterly Financial Status Report for each project funded under this contract according tO the following schedule: Page 6 of 9 Fiscal Year 2004 City of Corpus Christi lnterlibrary Loan Center Grant Reporting Period September 1, 2003 - November [30, 2003 December 1, 2003 - February 29, 2004 March 1, 2004 - May 31, 2004 June 1, 2004- August 31, 2004 Due Date December 29, 2003 March 26, 2004 June 28, 2004 September 27, 2004 A final Financial Status RepoCt is due by November 15, 2004. The Grantee is restricted to one Grantee may request an advanc~ upcoming 30 days, or request a normal billing cycle. The Grantee will request payme Reimbursement, using box 12 r~ >f two meth6ds for requesting funds from the Grantor. The payment for estimated expenditures to be incurred for the imbursement of the actual expenditures for the Grantee's at on the OMB Standard Form 270, Request for Advance or tther than 11, if requesting funds in advance. Requests may be made monthly, quarterly or any!other time period, but not more than once a month. To request funds, Form 270 is due to the Grantor by the 15th of the month. If requesting a reimbursement, the funds will tlsually be received by the Grantee within 10 days after TSLAC receives the funds from the federal government. If requesting an advance, the Grantee must follow procedures that minimize the time elapsing between the receipt and the disbursement of advanced grant funds. Requests for advance funds will be disbursed by the first working day of the advance period on the request, provided request forms received by state deadlines. The Grantee agrees to develop or revise, as necessary, the specific written documentation of their current procedures for (1) collecting and reporting performance measures, and (2) conducting a fixed asset inventory, and (3) arly other issues identified in the Grantor's internal audit report of grant activities dated May 20031. Drafts of this procedural documentation will be submitted to Grantor by October 29, 2003. Grantor will provide review and guidance to enable final versions to be approved by December 31, 2003. VIII. ENFORCEMENT A. Remedies for noncompliance. If a Grantee or Sub-grantee materially fails to comply with any term of an award, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or els/~where, the awarding agency may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: (1) Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub- grantee, or more severe enforcement action by the awarding agency; (2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; Page 7 of 9 Fiscal Year 2004 City of Corpus Christi Interlibrary Loan Center Grant (3) Wholly or partly suspend or terminate the current award for the Grantee's or Sub-grantee's program; (4) Withhold further awards for the program; or (5) Take other remedies that may be ~egally available. Hearings, appeals. In taking an enforcement action, the awarding agency will provide the Grantee or Sub-grantee an opportunity for such l~earing, appeal, or other administrative proceeding to which the Grantee or Sub-grantee is entitled un0er any statute or regulation applicable to the action involved. Effects of suspension and terminatio~ incurred by the Grantee or Sub-grant~ allowable, unless the awarding agenc termination or subsequently. Other termination which are necessary, and (1) (2) · Costs of Grantee or Sub-grantee resulting from obligations e during a suspension or after termination of an award are not y expressly authorizes them in the notice of suspension or ?rantee or Sub-grantee costs during suspension or after not reasonably avoidable, are allowable if: The costs result from obligation~ which were properly incurred by the Grantee or Sub-grantee before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are noncancelable; and, The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the [ermination takes effect. Relationship to Debarment and S~aspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude Grantee or Sub-grantee from being subject to "Debarment and Suspension" under E.O. 12549 (see UGMS Section m, Subpart C, Sec. 35) and state law. IX. CONTACTS AT TSLAC Questions or concerns about programmatic issues and Prior Approval Request should be directed to this grant's Project Manager: Dayna Jones Resource Sharing Consultant Phone: 512-463-5406 Fax: 5122936-2306 E-mail: d~ones @tsl.state.tx.us Questions or concerns about regulatory or financial issues should be directed to: Mary Lopez Manager, Accounting and Grants Department Phone: 512-463-6626 Fax: 512~475-0185 E-mail: nclopez @ tsl.state.tx.us Page 8 of 9 Fiscal Year 2004 City of Corpus Christi Interlibrary Loan Center Grant Fax Requests for Reimbursement, F/nancial Status Repons, Annual Property/Inventory Repons, and other miscellaneous forms and reports to: April Kral Grants AccOuntant Fax: 512- E-mail: al~ Payments to the Grantor, such as th, quarter on advanced funds, should the grant number to: April Kral Grants Acc Texas State PO Box 12 Austin, TX X. APPLICABLE AND GOVERN] ~75-0185 al@tsl.state.tx.us for excess advanced funds or for interest earned each e mailed with an explanation of the purpose of the payment and )untant Library and Archives Commission 516 78711-2516 NG LAW A. This grant shall be governed bylthe laws of the State of Texas. All duties of either patty shall be legally performable in Texas. q~he applicable law for any legal disputes arising out of this contract shall be the law of (an~ all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such dlsputes shall be Travis County, District Court. B. This grant is subject to availability of funds. XI. SIGNATURES GRANTOR GRANTEE Texas State Library and Archives Commission City of Corpus Christi, Corpus Christi Public Library Edward Seidenberg, Assistant State Librarian Signature (Must be an official empowered to enter into contracts) Date Typewritten or Printed Name Donna ~)sb~rn)~,, Cl~ief Fiscal Officer Title Date Date Page 9 of 9 Fiscal Year 2004 City of Corpus Christi Interlibrary Loan Center Grant For Oity Attorney ORDINANCE APPROPRIATING A GRANT OF $127,226 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION FOR OPERATION OF THE ilNTERLIBRARY LOAN CENTER BY THE LIBRARY SYSTEM, ADMINISTERED BY THE SOUTH TEXAS CORPUS CHRISTI I~UBLIC LIBRARY, IN THE NO. 1068 LIBRARY GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant of $ Archives Commission is appro operation of the Interlibrary Lo; administered by the Corpus CI SECTION 2. That upon writte~ copy attached, the City Counc need for immediate action nec of City affairs and (2) suspend and voting upon ordinances at 127,226 from the Texas State Library and ~riated in the No. 1068 Library Grants Fund for the m Center by the South Texas Library System, ~risti Public Library. request of the Mayor or five Council members, (1) finds and declares an emergency due to the ,ssary for the efficient and effective administration ~ the Charter rule that requires consideration of two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2003. ATTEST: THE CITYOFCORPUS CHRISTI Armando Chapa City Secretary Samuel L. NeaI, Jr. Mayor APPROVED: September 3, 2003 Lisa Aguilar Assistant City Attorney for City Attorney 9 CITY COUNCIL AGENDA MEMORANDUM II I City Council Action Date: September 16, 2003 AGENDA ITEM: (Caption as it = Motion authorizing the Ci! Texas Department of Pro! of $426,000 from the Cor Code for projects as recor Committee for Fiscal Yea Ordinance appropriating Regulatory Services in Community Youth Devel( 2003 - 2004 and declarir ~hould appear on the agenda) ~, Manager, or his designee, to execute a contract with the ~'tive and Regulatory Services for funding in the amount lmunity Youth Development Program for the 78415 ZIP lmended by the Community Youth Development Steering · 2003 - 2004. ~26,000 from the Texas Department of Protective and he No. 1060 Federal/State Grants Fund to fund the ~ment Program in the 78415 ZIP Code for Fiscal Year ~an emergency. C. Motion authorizing the City Manager, or his designee, to execute a subcontract with Communities In Schools,~lnc. in the amount of $241,643.00 to provide services for youth ages 6 to 17 in the!78415 ZIP Code. D. Motion authorizing the City Manager, or his designee, to execute a subcontract with the Park and Recreation Department in the amount of $17,000.00 to provide services for youth ages 6 to 17 in the 78415 ZIP Code. Motion authorizing the City Manager, or his designee, to execute a subcontract with the Boys and Girls Club! of Corpus Christi, Inc. in the amount of $45,957.30 to provide services for youth ages 6 to 17 in the 78415 ZIP Code. Motion authorizing the City Manager, or his designee, to execute a subcontract with the YMCA of Corpus Christi in the amount of $37,586.69 to provide services for youth ages 14-17 in the 78415 ZIP Code. ISSUE: The Texas Department of Protective and Regulatory Services (TDPRS) is continuing to fund the Commurlity Youth Development (CYD) Program in various cities throughout the State. The City of Corpus Christi has been allocated $426,000 in program funds for Fiscal Year 2003-2004 to be used in the 78415 ZIP Code area. REQUIRED COUNCIL ACTION[: Acceptance of federal grants and contracts in excess of $15,000 require Council approVal. PREVIOUS COUNCIL ACTION: On May 20, 2003 Council approved the CYD programs for Fiscal Year 2003-2004 as recommended by the Community Youth Development Steering Committee. FUNDING: This is a state fundec~ grant, and the source of funding is from fund 1060. CONCLUSION AND RECOMMENDATION: The Community Youth Development Steedng Committee and Staff recommencted approval of $426,000 CYD Program as presented for Fiscal Year 2003-2004. | David Ondrias Acting Park and Recreation Director Attachments: BACKGROUND INFORMATION (Additional Background) In 1995, the Texas Department o a program to fund local grass by ZIP Code. The program crea 78415 ZIP Code area. These ac~ Eligible activities must fall within or employment. = Protective and Regulatory Services (TDPRS) developed ~ts efforts in the highest juvenile crime areas of the state ed activities that were not currently available within the ivities were made available to youth ages 17 and under. :he following categories: mentoring, education, activities, / In FY 98-99, thirteen ZIP Codes~n thirteen cities (McAllen, Galveston, El Paso, Amarillo, Corpus Christi, Brownsville, Au{stin, Houston, Fort Worth, Dallas, San Antonio, Waco, Lubbock) each received $500,0q0 to either continue the same youth programs started the previous year or begin new programs. In FY 00-01, two additional ZIP (~Odes were added to the list of CYD target areas (another in Dallas and a new one in PaSadena). Currently, fifteen ZIP Codes in 14 cities are designated as CYD service areas. In FY 02, the Community Youth Development contract was renewed at the funding level of $500,674, and services continued to be provided to youth residing or attending school in the 78415 ZIP Code area. On July 18, 2003, TDPRS officially informed all CYD contractors of the CYD contract renewal at the funding level (42~6,000) for the Fiscal Year 2003-2004. In anticipation of this, the City of Corpus Christi, as Fiscal Agent, called for proposals from the community. Public notice of this was advertitsed in the newspaper January 25 and February 1, 2003, and all current subcontractors were informed. On April 24, 2003, the Community Youth Development Steering Commiltee voted to recommend the following proposals for submission to TDPRS. 1. Boys and Girls Club of COrpus Christi, Inc.-After-school & Summer $45,957.30 Youth Program 2. Communities In Schools, Inc.-Mentoring, Activities, and Employment Program $241,643.00 3. Park and Recreation Department-Summer Youth Program $17,000.00 4. YMCA-Youth Leadership Program $37,586.69 5. City- Administrative Costs, Project Coordinator $83,813.01 $426,000.00 78415 COMMUNITY YOUTH DEVELOPMENT PROGRAM CONTRACT SUMMARY The contract between the ~ity of Corpus Christi and the Texas Department of Protective and Regulatory Services (PRS) contains the following provisions exclusive to this contract: a. The objective of the contr~act amendment is to award additional program monies in the amount of $426,00Q.00 to the City in order to fund current or new programs for youth in the 78415 zip qode area. b. Total administrative costA charged to the contract, including subcontractor's administrative costs, cennpt exceed 10% of the contract amount ($42,600). Total administrative costs for this program have never exceeded 10% and are not expected to exceed this arrnount in the future. c. The City agrees to provi~le the following programs using the services of four subcontractors: mentoring, youth activities, youth employment, and educational programs. d. The City will have until the 30th of the following month to submit bills to PRS for payment for previous morlth's services. PRS will try to process the bills received in an accurate and timely manner but does not guarantee immediate payment. e. A self-evaluation report must be submitted to PRS within 90 days following the end of the contract period.' Minor changes in service delivery shall be negotiated between the subcontractor and the City and reported to the Steering Committee and PRS within 30 days. Substantial changes to Iprogram services must be approved in writing, in advance, by the Steering Committee. Any changes to the type of service to be provided, or requiring development of a new subcontract, must be approved in advance by both the Steering Committee and PRS. 2. The contract between the City of Corpus Christi and the Boys and Girls Club of Corpus Christi, Inc., Communities In Schools, Inc., City of Corpus Christi Park and Recreation Department, and :YMCA, Inc. contain the following provisions exclusive to these contracts: a. Subcontractors will have until the 5th of the following month in which the service is provided to submit billings to the City for payment. Subcontractors must submit Consent Forms, Registration Forms and a Monthly Participant Summary Sheet with their monthly billings. Failure to submit these forms will delay reimbursement of that month's billings. c. Subcontractors must sub,nit a self-evaluation report to the City within 45 days following the end of the cOntract pedod. All Subcontractors must secL items for any dollar amou result in a significant char needing to add a line approval in these instano involved and/or terminatio contracts include the follo~ The obligations of the Cit upon the availability of funds for this contract contracts may be immed The term of the contract i,, August 31,2004. re prior written approval: 1 ) For transfers between line ~t; 2) When transfers, regardless of the amount, would ge in the character or scope of the programs; 3) When m, cost or expenditure to the budget. Lack of pdor .,s will be grounds for nonpayment of the item or items 3 of this contract at the option of the Fiscal Agent. ~ing provisions: ' and PRS under this Contract are expressly contingent ands for such purpose under the funding sources. If ecome unavailable during any budget pedod, these [tely terminated or reduced at the discretion of PRS. for one year from September 1, 2003 through c. The City and sUbcontractors will be responsible for the protection of all equipment purchased with program monies by subcontractors for their programs. Equipment is defined as Costing more than $2,500 and having a life expectancy of more than 2 years. d. All financial, programmatic, and supporting documentation and records must be kept a minimum of five ydars after the termination of the contract period. ORDINANCE APPROPRIATING $42 OF PROTECTIVE ANI 1060 COMMUNITY Y( FUND THE COMMUNr THE 784t5 ZIP CODE EMERGENCY. BE IT ORDAINED BY THE CHRISTI, TEXAS: SECTION 1. That a grant of $ and Regulatory Services is apl Development Grant Fund to f[ the 78415 zip code area for F' SECTION 2. That upon writte copy attached, the City Counci need for immediate action nec, of City affairs and (2) suspend~ and voting upon ordinances at passed and takes effect upon S,000 FROM THE TEXAS DEPARTMENT REGULATORY SERVICES IN THE NO. ~UTH DEVELOPMENT GRANT FUND TO 'Y YOUTH DEVELOPMENT PROGRAM IN ~OR FY 2003-2004; AND DECLARING AN CITY COUNCIL OF THE CITY OF CORPUS 326,000 from the Texas Department of Protective )ropriated in the No. 1060 Community Youth ~d the Community Youth Development Program in '2003-2004. ~ request of the Mayor or five Council members, I (1) finds and declares an emergency due to the .~ssary for the efficient and effective administration ; the Charter rule that requires consideration of two regular meetings so that this ordinance is irst reading as an emergency measure this the __ day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: September 10, 2003 Lisa Aguilar~.) Assistant Cit~ Attorney for City Attorney 10 CITY COUNCIL AGENDA MEMORANDUM Date: September 16, 2003 AGENDA ITEM: $57,855 from the State of T~ available under the Violence documents. B. Ordinance appropriating $57 No. 1061 Police Grants Fun, Against Women Act (VAWA Enfomement Trust Police Gl Motion authorizing the City I~lanager or his designee to accept a grant in the amount of ,xas, Criminal Justice Division for continuation funding Against Women Act (VAWA) Fund and to execute all related ISSUE: Fourth year funding has be( Division, under the Violence Agains primary mission of reducing and pre BACKGROUND INFORMATION: TI utilizes officers and volunteers to cc a field officer or from a walk-in to th, case manager to contact victims wi' released following arrest; contact w concerning alternatives, available s~ The case manager serves to establ agencies and the Police Departmen through speaking engagements, dis to provide victims of domestic viole~ assistance, encourage cooperation resources, and assist with immedial ,855 from the State of Texas, Cdminal Justice Division in the I for continuation funding available under the Violence Fund and appropriating $7,250 from No. 1061 Law ants Fund as matching funds. n awarded from the State of Texas, Criminal Justice Women Act (VAWA) that provides funds to projects with the venting violence against women ~e grant continues support for the Family Violence Unit that ntact family violence victims when a written report is made by unit at the Police Department. The grant funds one victim o often fear retaliation and violence when the offender is th an advocate (case manager) can provide information ~rvicas, and protective orders to avoid continued violence. sh and encourage a working relationship between social and provides educational opportunities to the community [fibution of literature, etc. The long term goal of the grant is ,ce and other serious crimes with crisis intervention, follow up ,vith law enforcement, facilitate utilization of available and long-term safety needs. REQUIRED COUNCIL ACTION: Accepting the grant award. PREVIOUS COUNCIL ACTION: APProval to submit the application on 11/19/02. FUNDING: The grant provides salarY and benefits for one Victim Case Manager, equipment, supplies, training, and mileage. The~ State provides $57,855 and the City $19,418 which may be an in-kind or a cash contribution. We are utilizing the volunteer hours from other agencies Child Protective Services, Police volunteers, etc. to provide $12,168 toward the match. The law enforcement trust provides $7,250 tor supplies and miscellaneous equipment. The funding is not on a declining percentage or ending funding cycle. CONCLUSION AND RECOMMENI~ATION: Staff recommends accepting the grant award. cOIiFICE OF THE GOVERNOR MINAL JUSTICE DIVISION GRANT ACCEPTANCE NOTICE WF-03-V30-15171-05 Corpus Christi, City of Violence Against Women Act Grant Acceptance: This Acceptance Notice must be signed by the authorized official named on the grant and returned to the Criminal Justice Division {CJD) by October 11,2003. 1. I certify that I am authorized by the applicable gore 2. If the grantee is not a state agency and the current new resolution has been included with the acceptanc( 3. I agree to the terms of the grant on behalf of the gn adoptions by reference therein. 4. I understand that the grantee is obligated to provid( 5. I understand that a violation of any term of the gran obligating all or part of the grant funds, requiring reimt CJD grant funds. 6. I understand that grant funds may be withheld until 7. I understand that each grant official position must b 8. I understand that any of the three grant officials ma 9. I understand that CJD must be notified in writing of official. The authorized official for this grant must ind, ' eligible for any grant funds until this notice of Authorized Official Verification of Information and Sample ~ ;ignatures: oing body to accept, decline, alter, or terminate this grant on behalf of the grantee. zuthorized official is not accounted for in the resolution on file at CJD, I certify that a of this grant or will be submitted prior to the collection of grant funds. ntee, including Title 1, Part 1, Chapter 3, Texas Administrative Code and the applicable match, as required by the terms of the grant. may result in CJD piecing a temporary hold on grant funds, permanently de- ursement for funds already spent, arM/or barring the grantee from receiving future tll special conditions placed on this grant are satisfied. occupied by a different individual. request adjustments to the grant. ~ny grant official change, which must include a sample signature of the new grant cate agreement by signing the Acceptance Notice. The grantee will not is executed and returned to CJD. Date The grantee must verify all of the grant official's identi~ Fing information as listed below. If the information for any of the three officials is incorrect, complete the Designation of Grant Officials :erin found at http://wvcc/.governor, state.tx.us, and return to CJD. [] YES Select YES if the all of the information below is correct, sign, and return to CJD. Select NO if any of the information be[ow is incorrect, use the Designation of Grant Officials Form to notify CJD of the updated information ONLY, sign, and return both corhpleted forms to CJD. Authorized Official t, Name: Mr. Be~i~i4¢,4~ ~c~ · Address: Post Office Box 9277, Phone: {361) 880-~-~Z~O Fax:fS~l.)~'O- ~:~c~ Position: City Manaqer City/SE'Zip: Comus Christi, Texas 78469-9277 Proiect Director Name: Chief Pete Alvaraz Position: Address: Post Office Box 9016, City/St/Zip: Phone: (361) 886-2604 Fax: (361) 88~,-2807 Email: Signature of~ ~ Date Financial Officer Name: Nk<~._M<'. Constance P, Sanchez ...... Address: Post Office Box 9277, :':':':::::~.l~ne:~ f361) 800-3610 Fax: · ;-;<.?.$'[Inature of Financial Officer .:.~.:.:.:.:.~' CJD Grant Manager:Martin, Angle Position: City/St/Zip: (361) 88(~-7320 Emaih Chief of Police Cereus Christi, Texas 78469 · Interim Financial Services Director Corpus Christi, Texas 78469 Date Post Office Box 12428, Austin, Texas 78711 (512) 463-1919 DESIGNATION OF GRANT OFFICIALS (page I of 1) OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DMSION P.O. Box 12428 Apstin, Texas 78711 512463-1919 Fax: 512475-2042 www.governor.stote.tx.ns t LEGAL NAME O~ AGENCY: [PROJECT TITLE. Project Director Name (Type or PrJnl p. P~ L~o A~-~_ ~ ~,~-~.. Official Agency Mailing Address IDaytime Telephone Number Financial Officer Name (Type or Prln~ Title and Agency E-Mail Address Extension Fax Number Title and Agency Official Agency Mailing Address E-Mail Address Daytime Telephone Number 3~ ~'gO- 3to~o Extension Fax Number IAuthoflzed Official Name (Type or Print) Title and Agency [Official Agency Mailing Address IDaytime Telephone Number E-Mail Address Extension Fax Number OFFICE OF THE GOVERNOR cRIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD Grant Number: Grantee Name: Project Title: Grant Period: Program Fund: WF-03-V30-15171-05 Corpus Christi, City of Violence Against WomeI Act 09/01/2003 - 08/31/2004 WF-Violence Against WCmen Act (VAWA) CJD Award: $57,855 Grantee Cash Match: $7,250 Grantee In-Kind Match: $t2,168 Total Project Cost: $77,273 / The Governor's Criminal Justice Division (CJp) has awarded the above-referenced grant. The approved budget is reflected in the attached Budget Su~mmary. This grant is subject to and conditioned upon acceptance of the Governor's Criminal Justic~ Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code. Applicable special conditions are cite¢l below. By signing and submitting the Grantee Acceptance Notice to CJD, the grant officials accept the r~sponsibility for the grant project and certify their agreement to the conditions of grant funding. Special Conditions and Requirements: Other Condition(s) of Funding: Please note your original budget reflects a mCtch of 25.13%. Therefore, the match requirement for this project is 25.13% of the total project costs an~l must be maintained throughout the grant period. Required Attachments: Resolution The resolution submitted in response to the Ftreliminary Review Report dated July 4, 2003 still has the incorrect dollar amounts for CJD funds, no m~atching funds, and does not contain the assurance of loss or misuse statement. Additionally, two signal~ure blocks were left blank. Submit a resolution that meets all criteria found in Section 3.2021 of the Texas Administrative Code, that is properly dated, and that is signed by all persons who have a signature block on the document. 2003-Victims Services Post Office Box 12~28, Austin, Texas 78711 (512) 463-1919 OFI~ICE OF THE GOVERNOR CRI~/ilNAL JUSTICE DIVISION APPROVED BUDGET SUMMARY Grant Number: Grantee: Project Title: Grant Period: Funding Source: WF-03-V30-15171-05 Corpus Christi, City of Violence Against Worqen Act 09/01/2003 to 08/31/2~04 WF-Violence Against ~/omen Act (VAWA) Region: Date: 2OOO 08/29/03 CJD A. Personnel: $42,145 B. Contractual: $0 C. Travel: $2,178 D. Equipment: $1,500 E. Construction: $0 F. Supplies: $6,602 G. Indirect: $5,430 Cash Match $0 $0 $0 $3,000 $0 $4,250 $0 In-Kind $12,168 $0 $0 $0 $0 $0 $0 TOTAL $54,313 $0 $2,178 $4,500 $0 $10,852 $5,43O Total: $57,855 $7,250 $12,168 $77,273 Budget A. Detail: Victim Case Manager (100%) $32~145 Fringe Benefits $10,000 Volunteers $12,168 Local Mileage $438 In-State Training and Training $1,740 Video Camera & Accessories $3,800 Computer $1,500 Office Supplies $2,500 Communication Costs $432 Printing $2,900 Postage $2,020 Services and Other Costs $3,000 (equipment maintenance, small furniture, project supplies) At the grantee approved rate of less than 10.99% of direct costs $5,430 2003-Victims Services Post Office Box 12428, Austin, Texas 78711 (512) 463-1919 ORDINANCE APPROPRIATING $57,855 FROM THE STATE OF TEXAS CRIMINAL JUSTICE DIVISION IN THE NO. 1061 POLICE GRANTS FUND FORi CONTINUATION FUNDING AVAILABLE UNDER THE VlOLENC~E AGAINST WOMEN ACT (VAWA) FUND AND APPROPRIATING $7,250 FROM NO. 1061 LAW ENFORCEMENT TRUST FUND POLICE GRANTS FUND AS MATCHING FUNDS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant of $57,855 from the State of Texas, Criminal Justice Division, is appropriated in thel No. 1061 Police Grants Fund for continuation funding available under the Vi{)lence Against Women Act (VAWA) Fund and appropriating $7,250 from No. 1061 Law Enforcement Trust Police Grants Fund as matching funds. 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 ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L Neal, Jr. Mayor APPROVED: September 8, 2003 Lisa Aguilar ~J Assistant City Attorney for City Attorney 11 AGENDA MEMORANDUM DATE: September 16, 2003 SUBJECT: Capital ImprovemE (Project No. 9007~ AGENDA ITEM: Motion authorizing the City Man Contract for Professional Servic~ for Capital Improvement Progra~ nt Program Project Development Assistance ]ger, or his designee, to execute Amendment No 1 to a ~s in the amount of $256,500 with HDR Engineering, Inc. Project Development Assistance. ISSUE: The increased volume ( capital improvement projects has made it necessary to ~t for project developme~ assistance services to assist in preparing the City's Capital Improvement Program. FUNDING: Funds to finance t~e project are available in the FY 2002-2003 Capital Improvement Program Budget. i RECOMMENDATION: Staff recommends approval of the motion as presented. /~el' R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary H :IUS E RS2~HOM E\VE LMAR\G E N~CIP~.G EN [)A - HDR~AGENDA MEMO BACKGROUNDINFORMATION SUBJECT: (Project No. 90078 Capital Improvement Program Project Development Assistance PRIOR COUNCIL ACTION: December 17, 2002 - App (Ordinance No. 025144). PROJECT BACKGROUND: Due complete the City's Capital Im assistance services are warrante( 2004 Capital Improvement Budg~ 'oval of the FY 2002-2003 Capital Improvement Budget to the increased level of project activity and the need to 3rovement Program, additional project development ; to ensure the proper completion of the City's FY 2003- ;t. HDR Engineering, Inc. has eighteen (18) Storm Water Projects and thirty-five (35) Street Projects. The projects are specified in the Exhibit "B" Contract Summary. PROJECT DESCRIPTION: Thls proposed contract includes project development assistance for various Storm Water and Street Capital Improvement Projects that are overseen by the City. Assistance from a consultant firm is deemed advisable to ensure that the City's Capital Improvernent Program will continue to be completed in a timely manner. CONTRACT SUMMARY/FEE: A contract and fee summary is attached as Exhibit "B". FINAL PRODUCT: This contract will result in project development assistance necessary to prepare the City's Capital Imp~'ovement Program. H:~USE R S2~HO M EtVELMAR~GENIClP'~AGE N DA - HDR'd~,GE N DA BACKGROUND EXHIBIT "A" I Page 1 of 1 1. PROJECT SCOPE BASIC SERVICES EXHIBIT B CONTRACT SUMMARY It is the intent of Phase 1 ! which include conceptual ~ descriptions of the projec~ Confer with the Cit, Consultant will parti~ staff, provide agend distribute meeting m of the meeting. The ( departments as rec ) provide scoping documents for the CIP Planning Guide lesigns, drawings, probable total project cost, and wdtten s. This Phase includes: , staff regarding the parameters of the Project. The ipate in a minimum of ten (10) formal meetings with City ] and purpose for each formal meeting; document and nutes and meeting report within seven (7) working days :onsultant will participate in discussions with the operating ired to satisfactorily complete the Project Submit one copy in an approved electronic format (PDF) and one (1) paper copy of each individUal project scoping document. 1) Review of the Project with the respective Operating Department(s) and identify future construction requirements. 2) Review and in~'estigation of available records, archives, and pertinent data related tothe Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings and existing conditions. 4) Provide a presentation of pertinent factors, sketches, designs, cross- sections, and parameters, preliminary layout sketches and identification of needed permits. 5) Identify the petential need for environmental site evaluations and archeology reports. 6) Identify potential governmental authorities having jurisdiction to approve the Project. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well-defined report. PROJECT SCHEDULE The Consultant will proceed as expeditiously as possible to prepare the documents required. Priority will be given to the projects included in the Storm Water listing. Based on the current project listing, the work will be completed within fifteen H:~US ERS2V-IO M E~VEL MAR~GEN~CIP~AGEN DA - HDR\EXHIBIT B CONTRACT SUMMARY EXHIBIT "B" I Page 1 of 4 (15) weeks of the Notice To Proceed. If additional projects are added, the project completion time will be extended by mutual agreement of the parties, 3. FEES Summary of Fees The work will be performe following list and Charge :1 on a time and materials basis in accordance with the ',ate Schedule as follows: CLASSIFICATION NAME RATE Project Principal/Manager Carl Crull $180.00 Sr. Project Engineer Pat Norrell $140.00 Sr. Project Engineer Bob Leahey $140.00 Project Engineer Ernest DeLaGarza $110.00 Graduate Engineer Scott Harris $80.00 Graduate Engineer Jason AIvarez $75.00 Sr. CAD Tech Gilbert Gatica $60.00 Admin Ass't Kay Bates $55.00 The estimated hours/week and total cost for the project are noted below: Name R ate/Hr Hrs/Wk Cost/Per Wk Carl Crull $ 80.00 30 5400.00 Pat Norrell $ 40.00 15 2100.00 Bob Leahey $~ 40.00 10 1400.00 Ernest DeLaGarza $~ 10.00 20 2200.00 Scott Harris 80.00 20 1600.00 Jason Alvarez 75.00 20 1500.00 Gilbert Gatica ~60.00 30 1800.00 Kay Bates $55.00 20 1100.00 Total Pe! Week 17100.00 TOTAL COST i(15 Weeks) 256,500.00 H:\U SE RS2~HO M E~VELMAR~GEN~CIP~AGENDA * HDR\EXHIBIT B CONTRACT SUMMARY EXHIBIT "B" Page 2 of 4 I STORM WATER PROJECTS Bridge Rehabilitation/Replacement Milky Way Drive Outtfall Improvements 2. 3. Windsor Park/Clarer 4. Lamar Park Subdivi,, 5. Matlock Drainage Irr 6. Ramfield Road Area 7. Glen Oak/Flour Bluff 8. Brighton Village Out 9. Master Channel 31 I 10. Drainage Channel E 11. Parkdale Village Sul 12. Graham Road Area 13. Country Club Ditch I 14. Jester/Turtle Cove F 15. Jester Outfall Impro, 16. Oso Place Subdivisi 17. Williams Channel Irt 18. S.P.I.D. Interchange ~ont Subdivision Drainage Improvements ion Area Drainage Improvements provements Drainage Improvements Drive all Drainage Improvements )rainage Improvements ~cavation - Master Channel 27 and 29 ~division Area Drainage Improvements .')rainage Improvements ~provements, Phase II ark Drainage Improvements 'ements ~n Drainage Improvements provements Drainage Improvements 5. STREET PROJECTS 1. Aaron Drive ExtensiOn 2. Cimmaron Blvd. - Srratoga to Yorktown 3. Everhart Rd. - Saratoga Blvd to Cedar Pass 4. Laguna Shores - Caribbean to SPID 5. McArdle Rd. - Nile Io Ennis Joslin 6. Williams Dr. - Staples to Rodd Field Rd. 7. Ennis Joslin Extension - SPID to Rodd field Rd. 8. Everhart Rd. Wooldlidge Rd to Saratoga Blvd. 9. Flour Bluff Dr. - SF~ID to Glenoak 10. Glenoak Dr. - Flour Bluff Dr. to Debra 11. Graham Rd. - Waldron to Laguna Shores Dr. 12. Robert St. - Alamed~a St. to Ocean Dr. 13. Waldron Rd. - Caril~bean to Yorktown 14. Wooldridge Rd. - Staples to Airline 15. Yorktown Blvd. - staples to Rodd FieLd Rd. 16. Airline Rd. - Saratoga to Yorktown Rd. 17. Aquarius St. - Das Marinas to Commodores 18. Carmel Parkway- Staples to Gollihar 19. Cimmaron Blvd. - Yorktown to Oso Parkway 20. Debra St. - Jamaica to Hustlin Hornet 21. Rodd Field Rd. - Saratoga to Yorktown 22. Wooldridge Rd - Airline to Rodd Field Rd. 23. Yorktown Blvd. - ROdd Field Rd. to Oso Creek EXHIBIT "B" Page 3 of 4 I H :~USERS2~J-IO M E~VELMAR\G EN\CIFSAGEN DA - H DR'~EXHi[~IT B CONTP. ACT SUMMARY STREET PROJECTS (continue~l) 24. Yorktown Blvd. - OsO Creek to Waldron Rd. 25. Alameda St. - Doddr~idge to Parade 26. Ocean Dr. - Buford t~) Ennis Joslin 27. Staples St. - William~ to Wooldridge 28. Staples St. - Wooldddge to Saratoga 29. 30. 31. Waldron Rd. - Purdu Gollihar Rd. - Staple Congestion Manager Flynn - Corona - T 32. Neighborhood Street Comanche St. - S~ Junior Terrace - E~ Olsen Dr. - Carroll 33. Hike and Bike Trail E Bay Trail - Holly to Bay Trail - Wooldri, 34. Purdue- Hustlin Hot 35. Neighborhood Street Matlock - Flour Blu Cline - SPID to Kni Victoria Park Dr. - ~ N. Harrington - Mci 9 to Glenoak ~ to Airline lent Improvements ger Intersection ~ Voluntary Paving m Rankin to Mexico erhart to Roberts (Sidewalk Only) _n. to Benton (Sidewalks Only ~hancements VVooldridge tge to Oso Parkway let Intersection Reconstruction ~ Dr. to Military ;kerbocker :)uebec to Wooldridge (enzie Rd. to E. Harrington Charles St. - Lepo~rd to D.E. N of Harrington Mueller- Leopard to Erwin Jester- NAS to Dirtnmitt Pier Marzbacher - Jester to Skipper Jester - Military to NAS H:'tUSERS2'~OM E~VELMAR\GEN~CIP~AG EN D^ - HDR\EXHIB[T B CONTRACT SUMMARY EXHIBIT "B" Page4 of 4 I 12 AGENDA MEMORANDUM DATE: September 16, 2003 SUBJECT: Capital ImprovemE (Project No. 9007~ AGENDA ITEM: Motion authorizing the City Man~ Contract for Professional Servic, Inc. for Capital Improvement Pr( ISSUE: The increased volume contract for project developmef Capital Improvement Program. nt Program Project Development Assistance ,ger, or his designee, to execute Amendment No. 1 to a ~s in the amount of $299,575 with Goldston Engineering, gram Project Development Assistance. f capital improvement projects has made it necessary to assistance services to assist in preparing the City's FUNDING: Funds to finance t~e project are available in the FY 2002-2003 Capital Improvement Program Budget. RECOMMENDATION: Staff rec~)mmends approval of the motion as presented. A,l~et' R. Escobar, P.E., " Director of Engineering Serviced Additional Support Material: Exhibit "A" Background Information Exhibit"B" Contract Summary H:IUS ERS2'~HOM E\VE LM~,R\GE N\CIP~,G EN DA - GOLDSTON~GENDA MEMO BACKGROUND INFORMATION SUBJECT: (Project No. 90078 Capital Improvement Program Project Development Assistance PRIOR COUNCIL ACTION: December 17, 2002- Apl: (Ordinance No. 025144). roval of the FY 2002-2003 Capital Improvement Budget PROJECT BACKGROUND: DuE complete the City's Capital In' assistance services are warrante~ 2004 Capital Improvement Budg Goldston Engineering, Inc. has t~venty-nine (29) Storm Water Projects and twenty-seven (27) Street Projects. The projec~ts are specified in the Exhibit "B" Contract Summary. Three of the Street Projects consist of multiple improvement projects as follows: to the increased level of project activity and the need to )rovement Program, additional project development to ensure the proper completion of the City's FY 2003- 1. Bayfront Arts and Sciences Park Streets 2. Corpus Christi Beach Area Streets 3. DowntoWn Area Sidewalk and Curb Improvements PROJECT DESCRIPTION: This proposed contract includes project development assistance for various Storm W~ater and Street Capital Improvement Projects that are overseen by the City. Assistance from a consultant firm is deemed advisable to ensure that the City's Capital Improvement Program will continue to be completed in a timely manner. CONTRACT SUMMARY/FEE: A contract and fee summary is attached as Exhibit "B". FINAL PRODUCT: This contracl~ will result in project development assistance necessary to prepare the City's Capital Improvement Program. EXHIBIT "A" Page 1 of 1 H:'~USERS2~H OM L~VE LMAR\G E N~CIPV~,GE N DA - GOLDSTONV~GENDA BACKGROUND EXHIBIT B CONTRACT SUMMARY 1. PROJECT SCOPE BASIC SERVICES It is the intent of Phase 1 t which include conceptual ~ descriptions of the projecl · Confer with the Cit, Consultant will parti~ staff, provide agend distribute meeting m of the meeting. The ( departments as re¢ Submit one copy in copy of each individ~ 1) Review of the identify future ~ 2) Review and im data related to site, list of pote~ improvements ~ 3) Identify results existing conditi~ provide scoping documents for the CIP Planning Guide lesigns, drawings, probable total project cost, and written s. This Phase includes: , staff regarding the parameters of the Project. The ipate in a minimum of ten (10)formal meetings with City ~ and purpose for each formal meeting; document and nutes and meeting report within seven (7) working days :onsultant will participate in discussions with the operating ired to satisfactorily complete the Project ~n approved electronic format (PDF) and one (1) paper ~al project scoping document. 'roject with the respective Operating Department(s) and 3nstruction requirements. estigation of available records, archives, and pertinent the Project including taking photographs of the Project ~tial problems and possible conflicts, intent of design, and equired, and conformance to relevant Master Plan(s). of site field investigation including site findings and )ns. 4) Provide a pres~entation of pertinent factors, sketches, designs, cross- sections, and I~arameters, preliminary layout sketches and identification of needed permits. 5) Identify the p(~tential need for environmental site evaluations and archeology reports. 6) Identify potential governmental authorities having jurisdiction to approve the Project. 7) Confer, discuss, and meet with City operating department(s) and Engineering services staff to produce a cohesive, well-defined report. 2. PROJECT SCHEDULE The Consultant will proceed as expeditiously as possible to prepare the documents required. Priority will be given to the projects included in the Storm Water listing. Based on the current project listing, the work will be completed within eleven H;\U SERS2'~HOM E~VELMAR'~GEN~CIP'~GEN DA - GOLDSTON~EXHIBIT B CONTRACT SUMMARY EXHIBIT "B" [ Page 1 of 4 and a half (11.5) weeks of the Notice To Proceed. If additional projects are added, the project completion time will be extended by mutual agreement of the parties. 3. FEES Summary of Fees The work will be performe following list and Charge Name Classificati, Sidney A. Faas Principal-in-C Philip Boehk Project Mg Sarah West Design Enc~ Joe Sauve Project Enc. Steve Synovitz Project Enc~ Bill Green Project Mg Roy Castillo Surveyor Roel Velasquez CAD Tech :t on a time and materials basis in accordance with the ',ate Schedule as follows: ,n Rate/Hr Name i'ig. $135.00 Carol Pulliam $125.00 David Mills $ 85.00 Porter Anderson $105.00 Joe Perez $115.00 Joe Deleon $125.00 Manuel Andrade $85.00 David Pena $55.00 Classification Admin. Supr. Sr. CAD Tech Designer Sr. CAD Tech CAD Tech CAD Tech Instr. Person The estimated hours/weel: and total cost for the project are noted below: Name ~ Rate/Hr Hrs/Wk CostJPer Wk Sidney A. Faa~ $135.00 10 1,350.00 Philip Boehk $125.00 30 3,750.00 Bill Green $125.00 20 2,500.00 Sarah West $ 85.00 30 2,550.00 Joe Sauve $105.00 30 3,150.00 Steve Synovit~ $115.00 10 1,150.00 Roy Castillo $85.00 20 1,700.00 David Mills $65.00 20 1,300.00 Carol Pulliam $55.00 10 550.00 David Pena $50.00 40 2,000.00 Joe Deleon $55.00 50 2,750.00 Manuel Andrade $55.00 50 2,750.00 Roel Velasquez $55.00 10 550.00 Total Per Week 26,050.00 TOTAL COST (11.5 Weeks) 299,575.00 Rate/Hr $55.00 $65.00 $80.00 $65.00 $55.00 $55.00 $50.00 H:~USERS;L~HOME~VELMAR~G EN~CIP~AG EN DA ~ GOLDSTON'rcXHIBIT B CONTRACT SUMMARY EXHIBIT "B" Page 2 of 4 I 4. STORM WATER PROJE~TS 1. Rolling Acres SubdNision Drainage 3. 4. 5. McNorton Channel I 6. Horne Road Draina 7. Chula Vista Area Dr 8. Greenwood ParkAr~ 9. Gollihar Drainage SI 10. Drainage System W~ 11. North Harrington Dri 12. North Beach Draina~ 13. Wood River & River' 14. Crestmont Subdivisi, 15. McGee Drainage Dil 16. Upper Broadway/Le, 17. Village On The GreE 18. Ayers Street Area D 19. Airport Ditch Concre 20. Van Galen Ditch Co 21. Carroll West Concr~ 22. Westview Drive Ditc 23. EbonyAcres SubdN 24. Belaire Park Subdivi 25. Sam Houston Subdi 26. Central Park Subdiv 27. CuipedPortairs/Edg~ 28. 29. Solar Estates Drainage Improvements Brookhaven Annex --(Comfort Inn) Hopkins Road Drain~ge Improvements nprovements le Ditch Improvements dnage improvements ,a Drainage Improvements stem - Ayers to Ocean Drive ,ter Quality improvements - Schanen ~e @ McKinzie Road le - Timon, Rincon Channel, CC Bay ,~anyon Area Drainage Improvements m Area Drainage improvements =h Improvements )ard Streets Area Drainage Improvements Subdivision Area Drainage Improvements 'ainage Improvements :e-Lined Channel Rehabilitation ~crete-Lined Channel Rehabilitation ~te-Lined Channel Rehabilitation ~ Improvements ision Drainage Improvements sion Drainage Improvements zision Drainage Improvements sion Drainage Improvements ;wood Park Subdivision Drainage Improvements Hereford Road Storm Drainage Improvements Leopard Street Roadside Safety Improvements - Rehfeld to Rand Morgan STREET PROJECTS 1. Bayfront Arts & Science Park Streets 2. Cliff Maus Drive- Phases 2 & 3 3. Holly Road - Crosslown to Greenwood 4. Up River Road - RaNd Morgan to McKenzie 5. Buddy Lawerence Drive - Leopard To IH 37 6. Sunnybrook Drive - Ayers to Kostoryz 7. Up River Road - IH 37 to Rand Morgan 8. Corpus Christi Beaqh Area Streets 9. Navigation Blvd - Old Brownsville to Up River 10. Ayers Street - Nortc~n to Port 11. Doddridge Street- Ocean to Staples 12. Gollihar Road - Kostoryz to Weber EXHIBIT "B" Page 3 of 4 H:'tUSER$2~HOME~VELMAR~GE N~CII:~AG EN DA - GOLDSTOFEEXH~BIT B CONTRACT SUMMARY STREET PROJECTS (continued) 13. Greenwood Drive - t~orne to SPID 14. Ocean Drive- Bufon 15. Ocean Drive - Bufon 16. Staples Street - IH 3 17. Morgan Avenue - Pc 18, Port Avenue - West 19. Leopard Street, Pha 20. Citywide Neighborh¢ 21. Downtown Area Sid( 22. Rand Morgan Road 23. ADA Curb Ramps - 24. ADA Curb Ramps - 25. ADA Curb Ramps - 26. Port Avenue - IH 37 27. Tancahua Street - U I to Doddridge I to Convention Center ~ to Six Points rt to Crosstown ~roadway to Martin Luther King ~e 4 - Rand Morgan to Tuloso od Sidewalk Improvements ,walk and Curb Improvements . IH 37 to South of Northwest Crossing Subdivision ~rterial Streets ;ollector Streets [esidential :o Mesquite/US 181 181 to Port H:IU SE RS2~HO M~VELMAR\G EN'~IP~AGEN DA - GOLDSTON~XHIBIT B CONTRACT SUMMARY EXHIBIT "B" Page4 of 4 I 13 AGENDA MEMORANDUM DATE: September 16, 2003 SUBJECT: Packery Channel AGENDA ITEM: Motion auth( Amendment No. 1 to a Profess Shiner, Moseley & Associates, h Habitat Community Monitoring F {estoration (Project No. 5122) 'izing the City Manager, or his designee, to execute onal Services Contract in the amount of $516,863 with ~c. for the Packery Channel Project- Mollie Beatty Coastal 'lan. ISSUE: Additional support is rec~uired for monitoring biological changes that might occur at ~ ~-'~lie Beatty Coastal Habita~ Community as a result of the Packery Channel opening. The work of the consultant will b~ carried out in close coordination with the City, the Texas General Land Office, regulatory ~agencies, and the U. S. Corps of Engineers to develop and implement a Plan. This can best be accomplished by contracting with Shiner, Moseley & Associates, Inc. The Contract requires Council Action as the contract exceeds the $25,000 administrative limit. FUNDING: Funding is available from the Packery Channel CIP Fund. Although the City will pay for this NE agreement in its entirety, sixty-five percent (65%) of the value of this contract, $335,960.95, is eligible towards the City's cost share of the Packery Channel project for Year Two. RECOMMENDATION: Staff recommends approval of the motion as presented. / /~g~l 'R: I~scoba~,'P.E. Director of Engineering Services 'bag Exhibit A - Additional Information Exhibit B - Location Map H:\HOME\KEVIN S\GE N\PACKERY~MoIlieBeattie~AGE N DA MEMO.doc AD~DITIONAL INFORMATION BACKGROUND: The Water Resources Development Act of 1999 authorized the North Padre Island Storm Drainage Rbduction and Environmental Restoration project of which the City of Corpus Christi was th, proposition to create a tax incre support the dredging and reopE responsible for all plan preparal bulkhead installation and beach PRIOR ADMINISTRATIVE AC awarded to address: · Pre-Project Issues; · Partnering Meeting., · Technical Reviews; · Consultations with t · Develop materials Those contracts include: · June 23, 2000 - Au $14,940 to Felix O( Reduction and Envi~ · June 25, 2001 - Au $14,800 to Shiner, .~ local sponsor. On April 7, 2001, city voters approved a nent financing district on Padre Island with the intent to ning of Packery Channel. The Corps of Engineers is ion and construction of the channel cleanout, jetty and renourishment. rlONS: Several administrative contracts have been e U. S. Corps of Engineers; and ~at the City was responsible to provide. lard of Engineering Services Contract in an amount of a~as, P.E. for the North Padre Island Storm Damage onmental Restoration Project (No. 2123) FY2000-2001. ard of Engineering Services Contract in an amount of Moseley & Associates, Inc. for the Packery Channel Restoration Project. · September 6, 2001 1 Award of Engineering Services Contract in an amount of $22,240 to Felix Oba~as, P.E. for the North Padre Island Storm Damage Reduction and Environmental Restoration Project (No. 2123) FY2001-2002. · October 16, 2001 -Award of Amendment No. 1 to Engineering Services Contract in an amount of $10,200 to Shiner, Moseley & Associates, Inc. for the Packery Channel Restoration Project - Partnering, Technical Review and U. S. Corps of Engineers Consultation. · October 31,2001 - Award of Architectural Services Contract in an amount of $15,000 to Randall;Porterfield Architects, Inc. for the North Padre Island Storm Damage Reduction and Environmental Restoration Project FY2000- 2001. · December 14, 2001 - Award of Surveying Services Contract in the amount of $17,620 to Pyle & Associates, Inc. for the Packery Channel Restoration Projec'~. H:~-IOME\KEVIN S\GEN\PACKERY~MollieBeattle~AGEN DA BACKGROUNDExhA.doc I EXHIBIT "A" Page I of 3 January 28, 2002 - Award of Engineering Services Contract in the amount $19,376.32 to URS Corporation for design services to prepare construction documents, plans and specifications for use by the U. S. Corps of Engineers to install utility casidgs to cross Packery Channel. May 6, 2002 - Award of Amendment No. 1 to Surveying Services Contract in the amount of $5,0~05 to Pyle & Associates, Inc. for the Packery Channel Restoration Projecti August 28, 2002 ~Award of Amendment No. 3 to Engineering Services Contract in the amqunt of $15,000 to Shiner, Moseley & Associates, Inc. for the Packery Channel Restoration Project. December 19, 2002~ - Award of Engineering Services Contract in the amount $8,107.22 to URS £ orporation for Packery Channel Restoration Project. January 20, 2003 -. \ward of Ratification of Engineering Services Contract in the amount of $2.",000 for the Packery Channel Restoration Project - Shamrock Island Miligation Site. January 20, 2003 -. \ward of Ratification of Engineering Services Contract in the amount of $18,£ 00 for the Packery Channel Restoration Project - Mollie Beatty Habitat Moni:oring Plan. January 20, 2003 -. \ward of Ratification of Engineering Services Contract in the amount of $22,0 ~0 for the Packery Channel Restoration Project- Coyote Island Mitigation Sit~e. February 23, 2003 - Award of Amendment No. 2 to Engineering Services Contract in the amount of $22,240 to Felix Oca~as, P.E. for the Packery Channel Restoration Project. July 8, 2003 - Award of Amendment No. 4 to Engineering Services Contract in the amount of $5,~)00 to Shiner, Moseley & Associates, Inc. for the Packery Channel Restoration Project. Au,qust 14, 2003 - Award of Engineering Services Contract in the amount of $25,000 to Shiner, Moseley & Associates, Inc. for the Packery Channel Restoration Project - Mollie Beatty Coastal Habitat Community. SCOPE OF SERVICES: The Mollie Beatty Coastal Habitat Community is a 1,11 O-acre site located within the boundaries of State Tracts 59 and 60. A baseline of pre-construction conditions will be established at the Mollie Beatty Coastal Habitat Community and the reference/control site. The baseline work will be conducted during Year 1, prior to commencement of channel dredging. Upon completion of the channel dredging, monitoring will commence. During Years 2 through 5, intensive monitoring will include avian surveys, benthic analyses, field inspections, aerial photographs, and tidal elevation analyses at the Mollie Beatty Coastal Habitat Community site. Year 2 iS considered to be the first year after channel dredging is complete. Monitoring will consist of aerial photographs and tide gauge analyses, unless significant changes are observed that warrant field work. H:\HOMEAKEVINS\G EN\PACKERY~MollieBeattie~AGEN DA BACKGROUNDExhA.doc Basic Services include the fc~llowin,q: 1. Determine Baseline Con~litions (Year 1) · Develop Plan · Aerial Photographs · Field Work · Tide Gauge Elevation · First Year Report On-Going and Post-Cons · Aerial Photographs · Field Work Tide Gauge Elevation · Annual Report (Years · Annual Report (Year.~ Reference Control Site · General · Monitoring Provisions :ruction Monitoring (Year 2-Year 5) 2-4) Additional Services include ti 1. Field Work 2. Post Hurricane Survey 3. Additional Meetings e following: H:\HOME\KEVIN S\GEN'~PACKERY~MollieBeattie'~GENDA BACKGROUNDExhA.doc I EXHIBIT "A" ~ Page 3 of 3 ~ Source: USGS tope Quads, Crane Islands SW and NW August 15, 2003 14 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Motion authorizing the City Mana Reynolds Inliner, LLC of Bayto~ Basin SSO-I/I and Rehabilitation sewer on Palo Alto. ISSUE: A large void was discovered duri~ very deteriorated requiring repla contractor was directed to proc~ retained when a block of Palo, Concrete Amphitheater. Council payment. City Council Action Date: September 16, 2003 ]er, or his designee, to execute Change Order No. 2 with n, Texas, in the amount of $ 46,622 for the Broadway Stage 2-- Removal and Replacement of 15-inch sanitary ~g televising and the entire section of sanitary sewer was :ement. Due to the potential hazard to the public, the ;ed with replacement. The section is in an easement klto Street was closed to facilitate development of the authorization of the change order is requested to process FUNDING: Funding for this project is available in the FY 2003 Wastewater Capital Improvement Program. CONCLUSION AND RECOMMENDATION: Approval of the motion is recomtnended as presented. Director of Wastewater Services 'An~l'~l F~. Escobar, P. E., Director of Engineering Services Attachments: Exhibit "A" Background Exhibit "B" Project Budget Exhibit "C" Location Map H:\HOME\KEVINS\GEN\WASTEWA\7226 Broadway SSOI&I\CO2Memo. DOC SUBJECT: AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Broadway Basin S(~wer L ne Rahab itation Project- Re-bid (Project #7226). PRIOR COUNCIL ACTION: 1. January 20, 1998 - Motion an engineering services ( $74.,783 for engineerin.c Collection System Enhan( 2. July 17, 2001 - Motion aut amendment to an enginee amount of 238,400 for the Cleaning and Broadway b 3. December 17, 2002 -Api Budget for $299,913,200, 4. February 25, 2003 - Motic execute a construction c~ amount of $1,238,20 for 1 Base Bid A-Rebid (M2003 authorizing the City Manager, or his designee, to execute ontract with Urban Engineering, Inc. in the amount of services associated with the Infiltration/Inflow (1/I) ement Program. (M1998-007) ~orizing the City Manager, or his designee, to execute an "lng services contract with Urban Engineering, Inc. in the Infiltration/Inflow (1/I) Remediation, Miscellaneous Line ~sin SSO I/I Rehab. ~roval of the Fiscal Year 2002-03 Capital Improvement Ordinance No. 025144). n authorizing the Acting City Manager or his designee to ~ntract with Reynolds, Inc. of Odeans, Indiana in the he Broadway Basin Sewer Line Rehabilitation Project, -074). August 26, 2003 - Motion uthorizing the City Manager, or his designee, to execute Change Order No. 1 with Reynolds Inliner, LLC of Baytown, Texas, in the amount of $ 40,799 for the Broadway Basin SSO-I/I and Rehabilitation Stage 2--Ciarkwood Relief Route Sewer Line Rehabilitation (M2003-293). PRIOR ADMINISTRATIVE ACTION: 1. September 15, 1998 - Administrative Amendment to an engineering services contract with Urban Engineering, Inc. for a total fee not to exceed $11,357.40, for engineering services associated with the Infiltration/Inflow (I/I) Collection System Enhancement Program. 2. January 14, 2002 -Administrative Amendment to an engineering services contract with Urban Engineering, Ihc. for a total restated fee not to exceed $14,900 for a revised fee not to exceed $1,213,700.40 for the Infiltration/Inflow (I/I) Collection System Rehabilitation Project. FUTURE COUNCIL ACTION: Future construction contracts for Miscellaneous Line Cleaning and future Collection SYstem Rehabilitation. CHANGE ORDER: The change order provides for the removal and replacement of one block of 15-inch sanitary sewer line. The sanitary sewer is located in an easement retained with a block of Palo Alto was closed to facilitate development of the Concrete Street Amphitheater. The section of line is very deteriorated and not a candidate for slip lining or other in place rehabilitation. Additionally, a large void was discovered that presents a danger of imminent collapse. EXHIBIT "A" Page 1 of 1 H:~IOME\KEVINS\GEN~WASTEWA/7226 Broadway SSOI&l\CO2Background doc BROADWAY BASIN SEWER LINE REHABILITATION - RE-BID (Project No. 7226) PROJECTBUDGET September 16, 2003 FUNDS AVAILABLE: IFiscalYear2002-03 WastewaterS~FFunds FUNDS REQUIRED: i ESTIMATED BUDGET 3,597,020.95 Construction Cost (Reynolds, Inc./ i $ 1,238,200.00 Construction Cost (King Isles, Inc.) $ 1,096,765.00 Construction Contingencies I 97,579.00 Change Order No. 1 i 40,799.00 Change Order No. 2~ 46,622.00 NE Co__nsultant (Urban Engineering) 817,105.95 Testing (estimate) , 24,950.00 Inspection 175,000.00 Engineering Reimbursements 35,000.00 Administrative Reimbursements 20,000.00 Incidental Expenses (Printing, Adv~rtising, etc.) 5,000.00 Total ............................................... t ................ ~ .................................... $ 3,597,020.95 EXHIBIT "B" J Page I of 1 \ Mproject ~ councilexhibi($ ~ exh 7226.dwg San Patricio County BROADWAY BASIN ~,'-"~ ~~~ ~K ~ SERVICE AREA _ '? .~;~.~.,1,~ ~ eces County r... ~~ , ~' NOT TO SCALE PROJECT # 7226 EXH~_Br_T "C" BROADWAY BAST_N SSO-1/1 CZT~ COU~C/L EX~Z~ZT ~ OEPARTMENT OF ENGINEERING SERVICES~ ~ AND REHABZLZTATZON STAGE 2 ~AGE: ~ o¢ ~ OATE: 09~16/2005 ~ c~ OF CORPUS CHR~ST~, T~XAS 15 AGENDA MEMORANDUM DATE: September 16, 2003 SUBJECT: Water Effects Rati~ AGENDA ITEM: Motion authorizing the City Ma Plummer Associates, Inc. of Au~ Greenwood Wastewater Treatrr Creek. Study of Copper in Oso Creek ager, or his designee, to execute contract with Alan ;tin, Texas in an amount not to exceed $60,400 for the ent Plant Water Effects Ratio Study of Copper in Oso / ISSUE: The Texas Commissiqn on Environmental Quality (TCEQ) discharge permits specifies the concentration of v~rious metals being discharged by wastewater treatment plants. The concentration of cqpper in Oso Creek has been raised by the TCEQ as a possible concern. A Water-Effeqts ratio study is necessary to address the concerns of the TCEQ. RECOMMENDATION: Approva~l of the motion as presented. Foster Crowell ~ '~ t Director of Wastewater Services~ Iz~el R. Escobar, P.E. Director of Engineering Services Attachments: a. Additional Information b. Contract Summary c. Site Map H:'~HOME\KEVINS\GEN\WASTEW^\GREENWQO\Copper'~AEAWDMemo.doc ADDITIONAL INFORMATION BACKGROUND: The Greenwoo, the concentration of various mete metal varies when the same cor when tested under laboratory cor particular chemistry of different A Water-Effects Ratio (WER) sh natural surface water conditions. toxic in natural water than the la found to have a ratios in the ran¢ A WER study for Oso Creek will · A determination of the raft( mixture of waters from Treatment Plant; t Wastewater Treatment Plant operating permit specifies Is that can be discharged. The relative toxicity of a given centration occurs in natural surface water and effluent ditions. The relative toxicity can also vary based on the 3dies of water. iy compares the relative toxicity of a metal in effluent and A WER ratio greater than 1.0 indicates the metal is less boratory water. Some Texas tidal systems have been e of 1.6 to 2.4. ~llow: of lethal concentrations of copper to test organisms in a Creek and the effluent from Greenwood Wastewater · A determination of the ratip of lethal concentrations of copper to test organisms in the effluent from Greenwo~od Wastewater Treatment Plant in laboratory water; and · Allow the City to request ~n adjustment in the Greenwood permit requirement for copper based on actual field data. CONTRACT: A contract summary is attached. See Exhibit B. CONSULTANT SELECTION: Alan Plummer Associates has been the lead City's consultant in addressing TCEQ wastewater permits. They have p~articular expertise in the biological and chemical aspects of TCEQ and EPA regulations and guidance documents. Equivalent expertise is not possessed within the Corpus Christi MSA. FUNDING: Funding annual Wastewater Operating Fund. EXHIBIT "A" I Page 1 of 1 Contract Summary SERVICES TO BE PERFORMED APAI hereby agrees to perform all con~;ulting services necessary to plan, develop, undertake, complete, and report the results of a study for the Biological Water-Effects Ratio Study of Copper in Oso Creek. SCOPE OF SERVICES The scope of services for this project consists of the following five activities. Specific tasks associated with each activity are described. Activity I Develop Work Plan · Detailed description pf sampling and analytical methods to be used for determining metals and organic m~tter; · Schedule of two samFling and testing events; · Detailed description o the acute lethality tests (48-hour LC50 tests) to be performed and the use of spiked sam ~les as part of the testing program. Activity II Collect and Ar · Task 1 -Conduct Sa~ APAI staff will co Wastewater Treatn protocols and tecl coordinate with the · Task 2- Conduct An~ Samples will be char solids, total and diss organic carbon. The sample (comprised ¢ equivalent to the ins1 laboratory water, bas Mysidopsis bahia will alyze Samples ~plin.q lect the samples from Oso Creek and the Greenwood ~ent Plant effluent. APAI personnel will use appropriate iniques required 'for this type of sampling. APAI will aboratory during the sampling events. ~lyses icterized with respect to hardness, alkalinity, pH, total suspended )lved copper, total and dissolved solids, and total and dissolved lethal concentration of copper in a simulated receiving stream f an upstream sample and an effluent sample mixed at a ratio ream Iow-flow dilution) and the lethal concentration of copper in 9d on testing using standard test organisms, will be determined. 3e used as the test organism in all testing events. Activity Ill Prepare WER!Reports The reports will include thb following: · The results and all geheral information required by the EPA guidance documents · The WER calculations and supporting quality control information Activity IV Prepare Final Report A draft repod will be prel~ared that presents the study results, including the recommended WER value, supporting data, and any other relevant justification for a water quality criteria modification. This reportiwill be submitted to the City for review. After review by the City, appropriate revisions willie made in the report, and a draft Final Report will be prepared for submittal to TNRCC. Appropriate revisions will be made to the draft Final Report in response to TNRCC comments, and a Final Report will be prepared. Activity V Conduct Meetings with City and/or TNRCC FEES AUTHORIZED The City will pay APAI a not to exceed $60,400 for providing all services. Labor will be billed at salary cost times 2.3 times the hourly salary. Special Services will be invoiced on a cost reimbursement basis with labor billed at salary cost times 2.~3 the hourly salary. APAI will advise the City Engineer in advance when the APAI contends that a parficlular service falls into the "special services" category. No service shall be compensated as a special service unless and until approved in writing by the City Engineer. Exhibit B Parle 1 of 1 \ Mproject \ councilexhibits \ exh 72 55a,dwg N NUECES BAY CORPUS CHRISTI BAY PROJECT LOCATION LAGUNA MADRE GULF OF MEXICO LOCATION MAP NOT TO SCALE WATER EFFECTS RATIO STUDY OF COPPER IN OSO CREEK CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "C" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 09/16/2003 AGENDA MEMORANDUM September 16, 2003 SUBJECT: Supplemental Grar~t - Site Specific Security Improvements - Choke Canyon Dam / AGENDA ITEM: a. Motion authorizing the City M from the U. S. Bureau of Recl~ Improvements and Enhance Texas. b. Ordinance appropriating $5, Reclamation in the No. 105; Improvements and Enhance Texas; Amending the No. 10 ~nager, or his designee, to accept a supplemental grant ~mation;n the amount of $5,000 for Site Specific Security 'nents at Choke Canyon Dam, Nueces River Project, 300.00 of grant proceeds from the U. S. Bureau of ! Water Grants Fund to provide Site Specific Security 'nents at Choke Canyon Dam, Nueces River Project, ~2 Water Grants Budget by increasing appropriations by $5,000.00; and declaring an emergency. FUNDING: Funding is provided iby the supplemental grant offer by the U. S. Bureau of Reclamation. RECOMMENDATION: Approvali of the motion and ordinance as presented. scobar, P. E. Director of Engineering Services ADDITIONAL INFORMATION Exhibit A. Background Information Exhibit B. Grant Forms H:\HOM E\KEVINS\GEN\WATER\CH OKECAN\Secu rit~AGrantAgendaMemo.doc AGI~NDA MEMORANDUM ADDITIONAIL BACKGROUND INFORMATION SUBJECT: Choke Canyon - Security Improvements - Supplement Grant BACKGROUND: The Bureau Of Reclamation awarded a $205,065 grant for security enhancements at Choke Canyon Reservoir. The funds were supplemented by Water CIP Funds to improve security at other critical Water facilities. This resulted in the installation of various security improvement~ for Choke Canyon Reservoir, Wesley Seale Dam, and Mary Rhodes Pipeline Pump St~ions. The Water Department was contacted with an offer of a supplemental grant of $5,000 by the Bureau of Reclamation. The grant must be accepted and the request to advance the funding prior to the beginning of~the Federal fiscal year. The Bureau has requested the requisition be faxed to them imrn~ediately after approval by Council. PRIOR COUNCIL ACTION: a. Au.qust 22, 2000 - Approval oflFY 2000-01Capital lmprovement Budget (Ordinance No. 024162). b. August 29, 2000 · Motion authorizing the City Manager, or his designee, to sign a grant agreement the United States Departmerlt of Interior Bureau of Reclamation in the amount of $205,065 for site security improvements and enhancements at Choke Canyon Dam (M2000-309). · Ordinance appropriating $205,065 from the United States Department of Interior Bureau of Reclamation in the amount of $205,065 for site security improvements and enhancements at Ch~oke Canyon Dam in the Inter-Governmental Fund No. 1050, amending the FY0(]-01 budget adopted by Ordinance 024130, to increase appropriations by $205,(]65 in the No. 1050 Fund for the specific security improvements (Ordinance 024183). c. February 13, 2001 - Motion a authorizing the City Manager, or his designee, to execute an Amendment to the contract with Freese and Nichols, Inc. in the amount of $165,350 for engineering services for 'Water Supply Security and Control Improvements at Choke Canyon Reservoir, Wesley Seale Dam, and Mary Rhodes Pipeline Pump Stations. c. September 18, 2001 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Ener-Tel .Services Inc. for a total fee not to exceed $600,000 for the Wesley Seale Dam / Choke Canyon Dam / Pump Station Surveillance and Security System (M2001,358). d. September 25, 2001 - Motion authorizing the City Manager, or his designee, to execute an amendment to the contract with Freese & Nichols, Inc. in the amount of $69,000 for construction phase engineering services for Water Supply Security and Control Improvements at Choke Canyon Reservoir, Wesley Seale Dam, and Mary Rhodes Pipeline Pump Stations (M2001-370). FUTURE COUNCIL ACTION: Award of contract for additional security assessment and possible construction contract. EXHIBIT "A" Page 1 of 1 07:31 From-u; bureau of reclamation +405 606 ZOZT T-080 P,OOl/O04 F-040 Oldabom Cr~'lqeM 01~ 41,49 ~]gbline Blyd., Suite 200 Oklahoma CltT, Oklshollta 73108 ~CrR-='~U OF RECLAt~'t*~Ot~ Fax Exhibit B Page 1 of 2 ! ^u~-2~-03 07:31 From-us bureau of reclamation +405 606 292? T-086 P.002/004 F-040 UNITED STATES DEPARTMENT OF THE INTERIOR B~REAU OF RECLAMATION MODIFICATION OF ASSISTANCE ACREEMENT 1. MODIFICATZONNL~£R 004 Ci=y o~ CoZlaUS Christi P.O- Box 927? Cor~us Ch~isKi, T~X&S 78469 e. COOP~RATIV~AGRE~Z~NTX GPANT No: 00FC601449 AS0-19S2-0002~GP-~6-0-1-9 6H10000 It~o~,tin~ ~.ct of June 17, 1902.as ~m~nd~d an~ ~upplem~te~ and the Wa~r Law Enforcement Act, Public Law 98-552 (S~ion $). (42 USC 1962D-19) of October $0.1984 It mod/tics the above numbs-ed s~s/stlu:w~ agreem~t as ~et forth in bl~ck 8 10. DESCRIPTION OF MODIFICATION: ~z'o~ect Ti~: ~teS~ec~c~ecu~t~uPt~vcments~d~nhan~emen~atC~krC~nDam.NuecesE~ver~r~ject~Texa.s This modification provides additional f~. ,.din~ in the amotmt of $5,000 to cover the costs assoc/ated with addit/onal security chh--cements that will be idelfli6ed during the risk assessment prOCeSS. SIGNATURE DATE Llo2d Ne~ Exhibit B Page 2 of 2 I ORDINANCE APPROPRIATING $5~000 OF GRANT PROCEEDS FROM THE U.S. BUREAU OF RECLAMATION IN THE NO. 1052 WATER GRANTS FUND TO IMPROVEMENTS ANI · DAM, NUECES RIVEI; WATER GRANTS APPROPRIATIONS EMERGENCY. BE IT ORDAINED BY THE CHRISTI, TEXAS: PROVIDE SITE SPECIFIC SECURITY ) ENHANCEMENTS AT CHOKE CANYON PROJECT, TEXAS; AMENDING NO. 1052 FUND BUDGET BY INCREASING BY $5,000; AND DECLARING AN CITY COUNCIL OF THE CITY OF CORPUS SECTION 1. That $5,000 of rant proceeds from the U.S. Bureau of Reclamation is appropriated ~ the No. 1052 Water Grants Fund to provide site specific security improvemer and enhancements at Choke Canyon Dam, Nueces River Project, Texas. SECTION 2. That the No. 10J52 Water Grants Fund budget is amended by increasing appropriations by 95,000. SECTION 3. That upon writt¢ copy attached, the City Coun( need for immediate action ne{ of City affairs and (2) suspen¢ and voting upon ordinances a passed and takes effect upon request of the Mayor or five Council members, (1) finds and declares an emergency due to the ~ssary for the efficient and effective administration s the Charter rule that requires consideration of : two regular meetings so that this ordinance is first reading as an emergency measure this the __ day of ,2003. ATTEST: THECITYOFCORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: September 9, 2003 Lisa Aguilar Assistant City Attorney for City Attorney '17' CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: __August 26, 2003 AGENDA ITEM: Ordinance am( ordinance no. 0203972 to cone medians, and seawall along Sh, Complex, the Barge Dock, and ac Resaca, Fitzgerald, Chaparral ar 2003 and 2004; providing for se~ ISSUE: Bayfest Inc. has asked tc conflicts at the Convention Cent~ REQUIRED COUNCIL ACTION: FUNDING: N/A CONCLUSION AND RECOMME ordinance authorizing change of nding a five-year lease with Bayfest, Inc. approved by uct a festival and related activities on the sidewalks, )reline Boulevard from IH37 to the Convention Center :jacent bay waters, and the v,,a, cant city block bounded by ~d Water Streets ("Premises), to revise dates for Years erance; and providing for publication change their dates for 2003 and 2004 due to scheduling Council action is required to revise an ordinance. NDATION: Staff recommends that the Council pass an dates. David Ondrias Acting Director, Park and Recreation A(~ENDA MEMORANDUM AdditiOnal Background Information Bayfest Inc. signed a five yE Shoreline Drive for their annua a.m., Monday, September 15, exclusive use and 12 p.m. September 28, 2003 for exclu~ 2004 through 8 p.m. Sunday S Thursday, September 16, 200z use for 2004. Due to conflicts their dates to 8 a.m., Mond September 28, 2003 for non-e 2003 through Sunday, Septemt a.m., Monday, September 13, exclusive use and 12 p.m. September 26, 2004 for exclu~ ar agreement for the use of City Property along festival. The original agreement had the dates of 8 '.003 through 8 p.m. Sunday October 5, 2003 for non- Fhursday, September 25, 2003 through Sunday, ive use for 2003 and 8 a.m., Monday, September 6, ~ptember 26, 2004 for non-exclusive use and 12 p.m. through Sunday, September 19, 2004 for exclusive vith the Convention Center, Bayfest agreed to move ay, September 8, 2003 through 8 p.m. Sunday (clusive use and 12 p.m. Thursday, September 18, ~er 21,2003 for exclusive use for the year 2003 and 8 004 through 8 p.m. Sunday October 3, 2004 for non- -hursday, September 23, 2004 through Sunday, ive use for the year 2004. — ;_7 u n dIA eva,y (punm6,apun bugled) IamaD uopuanuaD a 47 waoP-Azl ¢uary 3 I OTE 091 0 OB 09L 0>i 1, o 0 seeeee armn s�lHdvrA a ......... -- - -- — \ Sri I h= r �..m • pua6a0 m,u.dS e, b pua6a9 ywy9 awe0 I M pua6aa iopuap POOj ORDINANCE AMENDING A FIVE YE~RLEASE WITH BAYFEST, INC. APPROVED BY ORDINANCE NO. O23972 TO CONDUCT A FESTIVAL AND RELATED ACTIVITIES SEAWALL ALONG SHO CONVENTION CENTER ADJACENT BAY WAT BOUNDED BY RESAC~ STREETS ("PREMISES" 2004; PROVIDING FC PUBLICATION ON THE SIDEWALKS, MEDIANS, AND ~ELINE BOULEVARD FROM IH 37 TO THE COMPLEX, THE BARGE DOCK AND ERS, AND THE VACANT CITY BLOCK FITZGERALD, CHAPARRAL AND WATER TO REVISE DATES FOR YEARS 2003 AND SEVERANCE; AND PROVIDING FOR WHEREAS, the City Council of ti' lease with Bayfest to allow Bayfe~ activities on the sidewalks, media between Interstate Highway 37 a~ Barge Dock; and the vacant city b and Water Streets ("Premises"), il $250 permit fee and 100% of the e City of Corpus Christi authorized a five-year ~t to conduct the Bayfest Festival and related is, and seawall along Shoreline Boulevard ~d the Bayfront Arts and Science Park; the lock bounded by Resaca, Fitzgerald, Chaparral ~ consideration of Bayfest paying a one-time :ost of City services for event support, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or the City Manager's designee, is authorized to execute an amendment to the five year lease with Bayfest, Inc. to revise the dates the Premises may be used exclusively and non-exclusively by Bayfest for the years 2003 and 2004. A copy of the amendment is on file with the City Secretary. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competentijurisdiction, it shall not affect any other section, paragraph, subdivision, clause, pl~rase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. AMENDMENT NO. 1 TO BAYFEST FIVE YEAR LEASE AGREEMENT WHEREAS, the City of Corpus Christi (City) and Bayfest, Inc. (Bayfest) executed the Bayfest Five Year Lease Agreement (Agreement) authorized by City Council on March 21,2000 which allowed Bayfest the non-exclusive and exclusive use of certain City property for dates established in Exhibit B to the Agreement; and YEAR 2003 WHEREAS, Bayfest desires to resched Agreement; NOW, THEREFORE, the parties agree 1~ Exhibit B is amended to revise the dl NON-EXCLUSIVE 8:00 a.m. Monday, Sept. 8, 2( through 8:00 p.m. Sunday 2004 8:00 a.m. Monday, Sept. 13, through 8:00 p.m. Sunday Oc Jle its dates of use of the property referenced in the ~s follows: ~tes for years 2003 and 2004 to read as follows: ,O3 ~t. 28, 2003 003 ober3,2004 EXCLUSIVE 12:00 p.m. Thursday, Sept. 18, 2003 through Sunday September 21,2003 12:00 p.m. Thursday, Sept. 23, 2004 through Sunday September 26, 2004 2. All other terms and conditions of the ~original Bayfest Five Year Lease Aareement remain the same. City of Corpus Christi Ba~est, lnc. George K. Noe Name: City Manager Title: Attest Armando Chapa City Secretary Approved as to form: Lisa Aguilar Assistant City Attorney for City Attorney 2 That the foregoing ordin/~a~nce was read for the first time and passed to its second reading on this theIfCTMday of ~u-~t ,2003, bythe following vote: Samuel L. Neal, Jr. ~ Bill Kelly Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was Rex A. Kinnison Jesse Noyola Mark Scott the__day of. Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero read for the second time and passed finally on this ,2003 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Melody Cooper Mark Scott Henry Garrett PASSED AND APPROVED, this ~the __ ATTEST: day of ,2003. Armando Chapa City Secretary APPROVED: August 15, 2003 Lisa Aguilar ~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor july 22 bayfest amendment,DOC 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: __9/16103__ AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an amendment to the Consulting Services Agreement between the City of Corpus Christi and the Corpus Christi Convention and Visitor's Bureau to allow the City Of Corpus Christi on behalf of the Corpus Christi International Airport and the Coastal Bend RegiOnal Tourism Council each to appoint one non-voting member to the bureau's Board of Directors. BACKGROUND INFORMATION: The current agreement with the Convention and Visitor's Bureau (CVB) was executed on February 8, 2000, with an effective date of January 1, 2000. The agreement expires on July 31,2005, subject to both earlier termination and autmnatic renewal terms as provided in the agreement. On August 21st, the CVB voted to amend this agreement to include on additional non-voting member to be appointed each by the City of Corpl~s Christi on behalf of the Corpus Christi International Airport and the Coastal Bend Regional Tot~rism Council. If the amendment is approved, the CVB Board will prepare a slate of candidates on September 28th to fill these vacancies then forward the slate as a recommendation to the Council for consideration immediately thereafter. REQUIRED COUNCIL ACTION: Approval of the motion to amend as stated. M~k L. -t . ~ McDamel Executive Director of Support Services Attachments: Amendment documentation Original agreement Correspondence from CVB THIRD AMENDMENT TO CONSULTING SERVICES AGREEMENT This Third Amendment to the Consulting Services Agreement authorized by City Council Motion M2000-057 on February 8, 2000 is executed by and between the City of Corpus Christi, Texas, a municipal corporation ("the City") andithe Corpus Christi Convention and Visitors Bureau, a private Texas nonprofit corporation organize( the Corpus Christi Bay area ("the Cor 1. City and Contractor agree that the to read as follows: The above members shall inck diverse geographic represental designees, shall serve as addil Corpus Christi Authority, the Ci International Airport, and the C one non-voting member of the for the purpose of promoting convention and visitor activity in tractor") second paragraph of part 1 of General Provisions is amended de persons from all areas of the City in order to assure ion on the Board. The Mayor and City Manager, or their onal non-voting members of the Board. :r,-he~-e~ ;point oho ,",on voting m~mbcr cf thc Bccrd. The Port of ly of Oorpus Christi on behalf of the Corpus Ohristi )astal Bend Reqional Tourism Council may each appoint 3card. 2. All other provisions of the ConsuID ~g Services Agreement are unchanged. Executed on the dates indicated belo~ binding the respective parties as of the 16~ day of September, 2003. CITY OF CORPUS CHRISTI CORPUS CHRISTI CONVENTION & VISITORS BUREAU George K. Noe Name: City Manager Title: Date: Date: Attest Armando Chapa City Secretary Approved as to form: Lisa Aguilar Assistant City Attorney for City Attorney Page 2 of 2 ~IE~I\User~LOCALS~ I\Temp\CVBAME~I .DOC August8,2003 City SecretaryArmando Chapa City of Corpus Chd~i 1201 Leopard Corpus Chri~i, Texas 78401 Dear Mr. Chapa: Dudng the Board meeting on July Consulting Services Agreement ir since realized that our Bylaws re( to each Director, the Mayor and ( meeting." , 17, 2003, there was a vote in support of an amendment to our favor of adding additional non-voting members; however, we have Jire *notice of such proposed amendment(s) shall have been mailed ty Council, and the City Manager at least ten (10) days before such Please accept this as notification ~ our intention to hold such a vote during our regular Board of Directors meeting to be held on Thursday, August 21, 2003 at 12 noon at the Holiday Inn Emerald Beach, 1102 S. Shoreline Blvd., (~orpus Christi, TX 78401. The proposed amendment is as follows: Motion amending the ConsUlting Services Agreement between the City of Corpus Christi and the Corpus Christi Convention and Visitor's Bureau second paragraph part1 of General Provisions to hereafter read as follows: all include persons from all areas of the City in order to hic representation on the Board. The mayor and City ~ees, shall serve as additional non-voting members of the .... CAd=t! ^' '"~'~ .......... ~"+ ......... +~ ....... of COrpus Christi Authority, the City of Corpus Christi on risti International Airport, and The Coed!e! Bend Ref:lioP~ ~ch appoint one non-votin~l member of the Board. The above members st assure diverse geogra[ Manager, or their desig~ Board. Th~_ Pc~ cf Cc; ef-the-Bear~. The Port behalf of the Corpus Ch Tourism Council, may e: Sincerely, ~oJoey~J~a rrea/u~L~z~'''- Interim President/CEO 1201 N. Shoreline Blvd. · Corpus Chdsfi, Texa~ 78401 Phone: 1-361-881-1888 · 1-800-678-OCEAN · Fax: 1-361-888-4998 http://www, corpuschristicvb.com CONSULTING SERVICES Final THE STATE OF TEXAS COUNTY OF NUECES This Consulting Se..~cas ~ Texas, a municipal corporation (h~ Bureau, a private, Texas nonprof] and visitor activity in the Corpus, WHEREAS, the City desi and the City benefits both indirect tax and hotel and motel oceupanc WHEREAS, Contractor ~ field of visitor and conventio.n 1 promotion and advertising serwct KNOW ALL BY THESE PRESENTS ~greement is executed by and between the City of Corpus Christi, reina_Rer the "City") and the Corpus Christi Convention & Visitors : corporation organized for the purpose of promoting convention ~hristi Bay area (hereinafter the "Contractor"). 'es to attract more visitors and conventioneers to Corpus Christi, .y through more economic activity and directly by increased sales tax income developed by such visitors and conventioneers; and as professional personnel ,who are trained and experienced in the ~romofion and the City desires to continue such professional through a contractual arrangement with Contractor; NOW, THEREFORE, in ~onsideration of the mutoal covenants contained herein, the parties agree as follows: (~onvention and Visitor $~rvi~es 1. Descdntion Qf $~rvic~: Con~ractor agreea to provide professional services to the City through advertising and promotion of~visitor and convention traffic to the Corpus Christi area, and to assist in creating conditions designed to encourage them to return on other visits and for meetings. Professional services to be performed by Contractor include but are not limited to the following: a. design and implementatiooofan advertising campaign with state, national, and international coverage to feature the COrpus Christi area as an attractive region in which to vacation or have conventions or groul~ meetings; b. development and distribgtion of literature, maps, folders and other adver?s, ing and promotional material to sc~licit visitors and conventioneer% and to better inform ws~tors and eonventioneers of local attractions when they arrive; c. creation and distribution of movies, film clips, photographs, color separations and transparencies to be used for publicity; contac~g publishers, film and television producers, editors, writers, media personalities, travel agents, tour producers, executives of associations and other convention and group meetin8 prospects for theipurpose of inducing them to advertise, publicize and encourage group movements to Corpus Christi, and providing transportation for such people on familiarization trips so that they may analyze the City's visitor and convention assets; 2000-057 2-08-00 M2000-057 Convention & Visitors Bureau f. g. h. i. j. k. 1. m. n. o. p. q. r. direct, telephone, and mail contacts with to bring a convention to Corpus Christi; development of brochure distribution of such cony development and distribul the country to promote c development and distribu development and distribu development and distril: programs; provide support services development and distribu employees or officers of groups which may desire describing City of Corpus Christi convention facilities; ;ntion brochures through direct mailings; on of promotional ~tems to be nsed at various meetings throughout ~nventions coming to Corpus Christi; fion ora visual presentation for use at conventions; '.ion ora convention hid folder; ation of pictures for association publications and convention :o conventions in Corpus Christi; ion of promotional advertising in convention trade publications; direct contacts at convenl ions elsewhere in the United States and North America to attract conventions to Corpus CI ~isti; provide for the paymenl of all or a portion of convention center expenses for major conventions; involvement in and advising the City regarding the development of City activities and its physical appearance to in, prove the City's attractiveness or marketability to visitors; provide for the payment ~fall or a portion of shuttle bus expenses for major conventions; operation of at least two visitor information centers which shall make referrals to City attractions, including but ]not limited to the Aquarium, Lexington, and Museum of Science and. History, es well as otl~ area attractions, and shall endeavor to provide facilities through which reservations can bd expedited at hotels and other facilities; development of ways to measure the percentage and number of people who visit attraotions after stopping at visitor iriformation centers; compiling and analyzing d~ta and information on tourism and convention business in Corpus Christi and comparable information on other locales; providing inform~on and advi0o to businesses int~ested in tourism and convention-related business in the Corpus C]~sfi ar~t; v. advising tho City on projegted growth of tourism and cunvention-reiated bu~esa for the nex~ five yenra to assist City phnning efforts; and w, aggressively include in th~ fulfillment of its foregoing obligations, Ixomotion and marketin~ of City-owned and sponsored facilities including but not 1~. 'ted t~ the Museum of Science and History, Convention lC.enter, Coliseum, Marina, and Airport, through such methods as including materials pron~tmg such attractions in m. allouts and other efforts to assure that visitors to the Corpus Ch[risti area receive information about such attracttons. Contractor shall make report~ the end of that quarter, listing City under this Agreement. ( in a separate account establisl other money. The approval' fiduciary duty in Contractor ~ :ouncil shall approve in advance the annual budget of Contractor. to the City Council for each fiscal year quarter, within 30 days of the expenditures made by Conlractor with revenue provided by the '.ontractor must maintain revenue provided under this Agreement ed for that purpose and may not commingle that revenue with any )y the City Council of the annual budget of Contractor creates a ~ith respect to the revenue provided under this Agreement. Expenditures must be record, budget approved by the Cit expenditures for each year budgeted amount is exceed( report explaining the reasons more than ten percent must compensation paid to Contra must be reflected in a statem~ independent audit also must c~ Institute of C. ertified Public A include a statement of supper earned on payments made b books as resulting from sucl ~1 on a monthly basis in a separate fund account, according to the ~. Contractor also shall provide an independent audit for such ased on a fiscal year ending July 31. Whenever any approved I by more than ten percent, Contractor must provide the City a ['or the variance. Expenditures exceeding the budgeted amount by be paid from clearly identified funds of Contractor. All direct .-'tor's employees out of the convention and visitor fund account tt aeeompanying the budget. Accounting records and th~ necessa~ nform to the accounting standards as promulgated by the American :enuntants and to the requirements of applicable state law so as to ; revenues and expenses, and balance sheets for all funds. Interest the City must be clearly identified, credited, and reflected on the investment of such funds and the same shall be available for Contractor use within the cOnvention and visitor fund account. Any equities acquired by Contractor in personal or rea~ property of any kind derived from funds in such account shall be reflected in such statement a~d shall be depreciated at a recognized rate. Records. The books of account of the convention and visitor fund held by Contractor shall be mainta'.m, ed in a form approged by the City's Director of Finance and shall be available for inspection and copying by the!Director, and his or her duly authorized agents and representatives during resular business hours of Contractor. Renorts. Quarterly on dates designated by the City Manager, Contractor shall furnish to the City a performance report ofits cOnvention and visitor services activities under this Agreement in a form determined by the Cit~ Manager and which shall reflect overall activity, meetings, conventions and conferencel conducted and attended, identity and amounts of advertising cot, tracts placed, number ofpersoanel employed and their general duties, and copies of literature produced as well as a descrlpiion of direct mailings, and similar information. The performance report shall include, but not b~ limited to, the following measure of activity: (1) number of sales calls, personal and telephone, number of site inspections and number of trade shows attended; (2) number of convention booki number of visitor resistration the city each year ending Mar year; and (6) number of visit projected lodging tax revenu Center; (g) projected sales t~ promotion of City-owned fac of Science and History, Mar Contractor to promote any c attractions or be responsible Bond. The officers and em convention end visitor fund $100,000. Such bond shall be Contractor as named insure~ Compensation. The City Contractor the City shall pay Provided, however, that shou] March 31 in any year fall beic be renegotiated. In the event period, the City agrees to pa! amount of tax in excess of $~ receipts to the City in any ye~ renegotiated. [Each of the~ hotel/motel tax receipts exclu¢ expansion.] Notwithstanding funding to Contractor such su of the City's combination C~x expended for the location ant display adjacent to the Corpu." made only in the eve. hr the payments when due m an an terms of the lease agreement are available in the debt servlo reserves the fight to off-set Ul under this Agreement as may funds are required to cover st w ha tire (S)?ys. Pro. ded, for any operating defiot mcuz the Association seek lundin obligations under this provisi~ ~gs, delegates, and room nights booked during the fiscal year; (3) at visitor information centers; (4) actual lodging tax g~nerated for ;h 31; (5) number of column inches of publidty generated for fiscal ~r inquiries by mail and telephone in response to advertising; (7) ss from bookings, less any rental concessions at the Convention revenues from visitors; and (9) specific efforts directed toward lities, including but not limited to the Convention Center, Museum ha, and Coliseum (provided ~at, this provision shall not require the foregoing visitor attractions to the detriment of other local br attendance figures at any particular attraction). doyees of Contractor designated to withdraw funds from the shall be covered by a blanket fidelity bond in a penal sum of provided by Contractor issued by a corporate surety designating and in such form as to he approved by the City Attorney. ecs that for the convention and visiWr services performed by nnuaily to Contractor the sum of $1,625,000 (the "Base Amount"). d hotel/motei tax receipts to the City for the twelve months ending ye $3,200,000, the Base Amount for tho following rise. al year shall he City's hotel/motel tax receipts exceed $3,200,000 for the same 'a performance bonus equal to twenty-five percent (25%) of the ,200,000 up to but not exceeding $5,000,000. If hoteVmotei tax r ending March 31 exceed $5,000,000, the bonus amount shall be ~ove amounts shall be calculated based upon the amount of ing the two percent increase adopted in 1999 for convention center he foregoing, the City shall be authorized to deduct from the above ns as are necessary to pay the debt service on a $2,910,000 portion nd municipal hotel occupancy tax revenue certificates of obligation development of the Las Carabeias Columbus Fleet as a museum Christi Museum of Science and History. Said deductions must be ~s Carabelas Columbus Fleet Association fails to make its lease rant equal to cover such debt service obligation pursuant to the . effect between said Association and the City and insufficient funds ~ reserve fund for such certificates to cover such payment. The City to the entire amount of any payment from the City to Contractor be necessary to cover such obligation, and in the event additional ch payment, the Contractor asrees to pay such funds to the City further, Contractor assures the City that the City shall not be liable red by said Association in operating the Columbus Fleet nor shall ~ from the City for any such opera, ting deficit. Contractor's ,n are expressly subject to (a) the continued appropriation by the City each year of hotel/motel ~ ax funds for Contractor in an amount at least equal to the formula provided under this Agreement, and Co) the continuation of the offer on the part of the City to lease to Las Carabelas Columbus Fleet Association the area adjacent of the Corpus Christi Museum of Science and I-rntory on the same or similar terms as authorized by the City Council on December 20, 1994. Notwithstanding anything herein to the contrary, Contractor's obligations 4 concerning Las Carabelas Columbus Fleet Association and the above-described bonds are not a general liability of tho corporgtion but are solely payable out of thc revenues received from the City into Contractor's conve~Ition and visitor fund. , Installments. During the term one-twelfth of the total annu services herein engaged on or is authorized to alter tho paym payments are justified by doe Co_o_~ts. It is understood the City of Corpus Christi, copyright and may administ~ ~fl~.~M~. Contrz expenses for a convention sho~ for payment of those expenses also work closely with the Re develop good bussing plans fi that free bussing is reasonabl. ffthis Agreement, tho City shall pay to Contractor a sum equal to amount payable to Contractor for the convention and visitor d~out the first of each month; provided however, the City Manager mt schedule to increase payments early in the year if ho deems such lmentation provided by Contractor. id agreed that Contractor may copyright, to the use and benefit of ~y material or document it deems appropriate and qualified for said copyrights for the City during the term of this Agreement. ~tor shall be responsible for determining if the convention center ~ld not be charged to the convention if necessary to close a sale and fi.om Conlractor's convention and visitors budget. CoJih~tor shall gional Transportation Authority, or its successors and assigns, to r conventions, and to pay for buses when Contractor determines necessary to close a necessary convention booking. General Provision~ Directors. The affairs of the ( composed offifi.ecn (15) rae~l shall be representatives of the 3 members from the lodgi 2 members from the festal 2 members from area attn 2 members from the alr/8~ ontractor shall be governed by a board of directors which shall be ,ers selected directly by the City Council of the City. The members following groups: ~g indust~, :rant industry; ~ons; ~und transportation industry; and 6 members from the comn ~unity at large. The above members shall include persons from all areas o.fthe City in order to assure diverse geographic representation on ~he Board. Tho Mayor and CRy Manager, or their designees, shall serve as additional non-votin~ members of the Board. Appointments to the Boar.d v~ill b.e. for staggered, tl}r. ee-yea[, te.r~, s; provided that th.e. term of office of any member who Is a pubh¢ official shall coincide vath his or her term of public office. For the initial appointments Iols will be drawn, with five to serve three-year term. s, five to serve two-year terms, and five to sei've one-year terms. No person may serve as a voting member of the Board for a period lunge~ than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. The Contractor may make recommendations to th~ City Council for directors as directors' terms expire, but the Contractor always shall nominate more individuals than the number of positions available. The City Council is not restricted to select members from recommendations submitted by the Contractor or any other group. Administration and Bylaws. Contractor's Board of Directors may establish those standino committees it deems necessary. Each committee must be elected by or approved by the vote ~ the full Board of Directors. The Board is authorized to and shall employ a President/Chief Executive Officer to exereis ~ day to day management and administration of Contractor. The bylaws of Contractor attache Changes to the bylaws may I~ after providing ten (10) day, and the City Manager. No ~ provision of this Agreement President/Chief Executive Of Board members, the Mayor I n M_Qlke..q~,~. Contractor public, and such meetings r~ session is necessary for the 4. Contract~. The City and Cont~ made by Contractor with an~ 5. N -li_.N -~.TbeCayand( damages, injuries, or losses ch or the use or maintenance of d to this Contract are approved by the City for use by Contractor. made only by a two-thirds vote of Contractor's Board of Directors vrittan notice to all Board members, the Mayor and City Council, ante in bylaws may be considered which is inconsistent with any Changes in the terms of the employment agreement with the icer may be made only after providing 10 days written notice to all nd City Council, and the City Manager. trees that meetings of its board of directors shall be open to the ay be closed only when the board determines that an executive zrpose of discussing particular agenda items before it. actor agree that in no event shall the City be liable for any contracts person, firm, corporation, association or governmental body. ',ontractor agree that in no event shall the City be liable for any U'ged to or adjudged against Contractor arising fi.om its operations, ts facilities. ~. The[ parties mutually agree and under .stun. d that funding under this Agreement is subject to ann~al appropriations by the City Coun~l and that each risc. al year's funding must be included in tile budget for that year and is not effective until so approved by the City Council. Novation. This Agreement ~onstitutes a novation and supersedes all other contracts and understandings previously made between the City and the Greater Corpus Christi Business Alliance. Term. The term ofthls Agree until July 31, 2005, subject t antomafically on an annual I funding provided above durk that prior agreement betwee~ the purposes of the City's cur of such funds. ~ent shall commence as of January 1, 2000, and it shall continue earlier termination as provided herein, and subject to renewal asis thereaRer. The parties acknowledge that a portion of the ~the City's 1999-2000 fiscal year has already been provided under ~he City and the Greater Corpus Christi Business ,aJlience, and for 'ent fiscal year, this Agreement covers only the remaining portion T._e__r~,_'_,_'nation. Either pa~.y, ma~ terminate this Agreement at any ti~..e for any reason by giving one year s prior written notice tothe other party. In the event the C~ty shall cancel this Agreement upon one year's notice, the Cily shall assume any obligations of the convention and visitors fund with a term of less than one year and any other obligation approved in advance by the City 10. ~. Contracto~ specifically reserves the right to change its name as a corporate entity and do business under o0e or more assumed names in compliance with the laws of the State of Texas. No such change of~me or use of additional names shall be deemed a modification of this Agreement. 11. Eaual Oonortunity_ Employer of the City for its contract, discrimination as to race, cok as an "equal opportunity emP 12. h ' ' . Co spending money provided by' Contractor agrees to abide by the equal opporiunity requirements ~rs and shall: (a) treat all applicants and employees without r, religion, sex, national origin or disability; and Co) identify itself oyer" in all help-wanted advertising or requests. ~tractor must comply with all City purchasing requirements when he City from the Convention and Visitor Fund. 13. Notices. All notices, requests ~r other communications related to this Agreement shall be made in writing and may be given b},: (a) depositing same in th.e United States Mail, postage prepaid, certified, return receipt requested, address, d as set forth ~n this paragraph; or Co) delivering the same to the party to be notifl~l. Notice given in accordance with (a) h.ereof shall be effective upon deposit in the United States mail. The notice addresses of the parties shall, until changed as provided herein, be as follqws: City: City of Co~ 1201 Leop P.O. Box ~ Corpus Ch Attn: City l Contractor: Corpus Ch 1201 Shor, P.O. Box ¢ Corpus Ch Attn: Pres{ pus Christi, Texas trd Street 277 ~sti, Texas 78469 vianager isti Area Convention & Visitors Bureau :line Drive 4O isti, Texas 78403 lent 14. Convention & Visitors Burelu between, the Corpus Christi C Contractor, subject to the ova sale of such property to the G~ to the Greater Corpus Christi 2ity consents to the transfer back to the Corpus Christi Area i of that sublease of the space described in that Lease Agreement lamber of Conunerce and the City dated September 19, 1980, to ~11 limitation ofleaschold interests provided under the terms of the neral Services Administration and the lease-back of such interests Business Alliance. 15. Severabilitv. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of .thj.'s .~...~ent slkall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it ~hall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this Agreement, for it is the definite intent of the parties that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its PUrpose. 16. Lawful Service. The par~.ies mutually agree that the services provided under this Agreement are lawfully authorized serlaces Which the City is purchasing from Contractor. 17. Modifications and Count~ Agr~anent shall be valid Agreement may be execute original and all of which shall Executed on the dates or _{1~ ~ ,2ooo. CITY OF CORPUS CHRISTI, 'l EXAS By: City'S~creta~y APPROVED AS TO LEGAL FORM: JAMES R. BRAY, JR., CITY A~FORNEY Ass~Int City Attorn~ arts. No amendments, mod~cations or other changes to this effective absent the written agreement of the parties. This ~ one or more counterparts, each of which shall be deemed sn constitute but one and the same instrument. icated below binding the respective parties as of the I ~q'~day CORPUS CHRISTI CONVENTION & VISITORS BUREAU 8 CORPUS CHRISTIiAREA CONVENTION & VISITORS BUREAU BYLAWS ARTICLE I - PURPOSE In accordance with the b~ Convention & Visitors Bureau is Create a consciou~ of the potential trm Create a comprehe and attract conven appropriate service (c) Promote and as: development for vi (d) Create friendly rela Any person, company, or South Texas may become an ass various categories for associates, privileges and requirements conne sic purpose expressed in its Charter, the Corpus Christi Area rganlzed to: less on the part of the citizemy of the Corpus Christi Bay Area advantages of the visitor industry. asive publicity, advertising and promotional program to solicit :ions and visitors to the Corpus Christi Bay Area and provide ~ connected therewith. ist programs of information, education, recreation and ;itors to such areas. :ions between the citizens of the area and visitors. LRTICLE li - ASSOCIATES ~anization or other entity in the Corpus Christi Bay Area of aciate of the Bureau. The Board of Directors may establish the contribution or investment levels required, and the fights, ,'ted with such activities. ARTICLE HI - BOARD OF DIRECTORS 1. Composition. The affairs of the Bureau shall .b.e governed by.a Board of Directors which shall be.c~.mposed of fffiee0 (15) members selected d~rectiy by the City Council of the City of Corpus Chris. The members shall be representatives of the following groups: 3 members from the lodging industry; 2 members fi.om the restaurant industry; 2 members from ama attractions; 2 members from the air/ground transportation industry; and 6 members from tile community at large. The above members shall includ~ persons from all areas of the City in order to assure diverse geographic ?.presentation on the Board. The Mayor and City Manager, or their designees, shall serve as additional non-voting me~nbers of the Board. 2. Terms. Directors shah serve three-year terms on a staggered basis. In order to implement staggered terms, initially five Directors shall serve one-year terms and five Directors shall serve two-year terms. No person may serve as a voting member of the Board for a period longnr than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. 3. Vacancies. Any Director who is absent without excuse for four Board of Dke..~.ors meetings in a fiscal year, shah fbrfeit membership on the Board. An excused absence vall be granted when a Director is abs occurrence of a Board Member t or the Vice Chair shall contact sa to serve and to remind the Direct. Director forfeits his/her scat or ¢ the City Secretary so that the Ci appropriate industry segment. TI to Board ratification, to be prese~ fill the remainder of the unexpir~ than the number of vacant positic 4. Renresentati~r~. Wh~ industry segment is no longer en days or more, said Director shall so forfeits his/her seat, the Chain appoint a replacement to the posi then nominate a replacement, sub a recommendation of the .Direct~ shall always include more mdividl 5. ~. The Boar, ~nt because he/she is elsewhere on Bureau business. On the aving been absent three times during a fiscal year, the Chairman Board Member to determine the Director's desire to continue to attend the remaining meetings that year. In the event that a [herwise resigns or vacates the office, the Chairman shall notify ty Council may appoint a .replacement to the position from the Chairman shall then nominate persons for the position, subject ~ted to the City Council as a recommendation of the Director to term. The nominations shall always include more individuals as available. n any Director who was appointed to represent a business or ployed in that industry segment for a period of 91 consecutive forfeit his or her seat on the Board. In the evem that a Director aan shall notify the City Secretary so that the City Council may '.ion from the appropriate industry segment. The Chairman shall [ect to Board ratification, to be presented to the City Council as ,r to fill the remainder of the unexpired term. The nominations ~als than the number of vacant positions available. of Directors shall meet monthly at a specified time and date selected by the Board of Director . A majority of the Directors ho}ding office present at a regular or special Board meeting shall co:. stitute a quorum for the transaction of*Il business. i ARTICLE IV - OFFICERS 1. Electio.ns. The Board of Directors at the first Board meeting of each fiscal year, shall elect officers consisting cfa Chalmum, Vice Chair, and Secretary-Treasurer. Each officer shall be a member of the Board prior to[ the election. Officers shah serve a term of one year until the Board of Directors elects officer~ for the succeeding fiscal year. 2. Vacancies. In the event of the resignation of~ elected officer?the. Board, or in the event of forfeiture of the elected offi .ce.~.s seat from excessive absences as m Article IV above, or in the event of the death or perm~tnent disability of an eleet .e~. officer, the Chairman shall appoint a member of the Board as a successor officer, subject to ratification by the Board of Directors, to the vacated office to serve the remainder of the unexpired tenn. 3. C~irman. The Cha~aan of the Board shall preside at aH meetings of the Board of Directors and as hereinafter prescribed, or at such times as he/she may deem it advisable, call special meetings of the Board el~ Directors. He/sbe shall perform ah other duties that usually pertain to the office or are delegated to Mm/her by the Board of Dh'ectors. 2 4. Vice Chair. The Vice Chair shall, in case of the absence or disability of the Chairman, or upon request oftbe Chairman, I~erform the duties of the Chairman. 5. ~ecretarv-Trcasurer. '['he Secretary. Treasurer, shall be responsible for keeping the minutee of aH meetings of the Dire :tots. He/she shall also cause to be kept the regular books and complete records of all monies'received by the Bureau and fi.om all ~ources and of all disbursements, which disburseme~ officers or the Board of Directors. officer and an employee appointe~ kept records of meetings of the stl the Bureau and afire it as directed other duties that usually pertain 1 officers and employees of the Bur~ 6. President. The Bean Officer of the Bureau upon such t which President end ChiefExecutl be bound by the terms of such con ts shall only be made as may be authorized by the President, Checks shall be signed by any two officers of the Bureau or an i by the Chairman. The Secretary-Treasurer shall cause to be haling committees. He/she shall have the custody of the seal of or by resolution passed by the Directors and shall perform aH a the office or are delegated by the Board of Directors. All au who handle funds shall be bonded. I, of Directors may employ a President and Chief Executive .rms, conditions and for such remuneration as it deems proper, ye Officer shall be employed under a written contract end shall ~TICLE V - COMIvfI'ITP. ES 1. General. The Board o~Directors may establish such committees from time to time as it deems necessa~] for the operatioB of the Bureau. The Chairman shah appoint the members of each committee, subject to confua~aation by tho Board. 2. Nominations. Betwegn the first and fifteenth day of June during each year, the Chairman shall appoint a Nomillations Committee of five (5) Directors, for the purpose of nominating candidates for the Bo~rd of Directors for those terms which are expiring at the end of the current fiscal year. Such Nonlinatio.ns Committee shall report its nomination of candidates to the Board of Directors not more than thirty (30) days after its appointment, whereupon the Board of Directors shall approve a slat~ of candidates. The slate of candidates will be presented to the City Council of the City of Corpus Christi as the Board's recommendations for the expiring terms. The slate shah always include m~re individuals than the number of positions available. The City Council shall select the Directors prior to August l, and the new Directors shall assiime office on August 1. 3. Cooperation. The Board of Directors shall cooperate with the Corpus Christi Regional Economic D~elopment Corporation and the Corpus Christi Chamber of Commerce in the development and implementatio~ of a legislative agenda, transportation agenda, and other plans affecting the Corpus Christi region generally. Members of the Board and the corporation may be appointed to serve on such joing committees as shah be established from time to time for such purposes. The costs incurred in Such efforts shall be proportionately allocated among the entities as appropriate. 3 ARTICLE V~ - MEETINGS 1. Annuai Meetina. The held on a date in the month of Al which time, lhe submission of res an accounting of thc financial sta~ Board additionally shall elect the ~ each month according to a scbe& 3.~. SF seventy-two (72) hours written n, groups may be arranged for dis~ benefit and interest. ARTB I. ~. T! former officer and Director agsit any cause of action or claim asser his or her service to the Bureau t, with regard to non-profit corpo Directors shall be necessary to et and officers liability insurance no~ 2. Audit. The Board of supply an independem audit of t members of the Board. mnual meeting of the Board of Directors of the Bureau shall be gust of each year, to be fixed by the Board of Dkectors and at orts made by the officers of the Bureau to the Board, including ding of the Bureau, shall be made. At such annual meeting, the ,ffleers for the new fiscal year. e Board shall conduct regular meetings not less than one time le adopted by the Board. ~cial meetings may be called by the Board upon not less than ~fice. At the discretion of the Board, joint meetings with other mssion of any subject or other activity which may be of mutual ~E VII - FINANCIAL PROVISIONS Bureau shall indemnify and save harmless each present and st all claims, liabilities, losses and expenses in connection with ed against him or her arising from or connected in any way with ~ the fullest extent authorized by the laws oftbe State of Texas 'afions. No further action or authorization of the Board of ?ecl such indemnification. The Bureau shall purchase directors less than $1 million. Directors shall annually select a certified public accountant to ze Bureau's books, and such audit shall be made available to These bylaws may be D~rector% provided that notice D~rector, the Mayor and City Cc meeting. '.TICLE ~ - AlVIE'ND~S lended at any regular meeting by a two-thirds vote of the such proposed amendment(s) shall have been mailed to each uncil, and the City Manager at least ten (10) days before such 4 19 CITY COUNCIL AGENDA MEMORANDUM CI~Y COUNCIL ACTION DATE: September 16, 2003 AGENDA ITEM: Motion authorizing the City Manager to make the annual contribution of $50,000 to cont nue the City's active participation in and support for the mission and activities of th~ South Texas Military Facilities Task Force. ISSUE: The Secretary of Def ~nse has started the procedure to provide a single round of base closures and rE,alignments in 2005. Over 25% of the capacity in bases are proposed to be clos ~d. The South Texas Military Facilities Task Force has been the area's principal rE~sponding vehicle to previous closure activities. The organization must continue in E~rder to preserve our region's military presence. On August 28, 2001, the City Council passed Resolution #024565 pledging active participation in and support for :he mission and activities of the South Texas Military Facilities Task Force (attache~l). The City's financial share would be $50,000 a year. In order to continue to participate in the South Texas Military Facilities Task Force and to provide financial assistance, the City Council must approve. RECOMMENDATION: The SoUth Texas Military Facilities Task Fome has been very effective in not only maintaining our facilities, but actually increasing their mission. Cities, counties, and other governmental entities across the U. S. are in the process of gearing up for the next roupd of base closures, it is imperative that we in the Corpus Christi area do the sane. Staff recommends continued participation in and financial assistance to the Sodth Texas Military Facilities Task Force. Assistant City Manager RESOLUTION PLEDGING ACTIVE PARTICIPATION IN AND SUPPORT FOR THE MISSION AND ACTIVITIES OF THE SOUTH TEXAS MILITARY FACILITIES TASK FOR~CE WHEREAS, the Secretary of D Defense Base Closure and Re; round of closures and realignm WHEREAS, the Secretary of D in bases and might wish to clos, three rounds of closures comb~ WHEREAS, the South Texas r{ when combined with private se, approximately $700 million to ;fense has submitted to Congress amendments to the lignment Act of 1990, which would provide a single ;nts in 2003; .~fense has stated that the nation has 25% over capacity ~ as many bases in 2003 as were closed in the last led; and ~gion has over 10,000 defense-related payrolls, which '.tot service contracts and local procurement, contribute e region's economy each year; and WHEREAS, there is a need to ~/igorously defend those activities and seek other missions, which reinforce our b~ases current mission; and WHEREAS, through a great de~al of effort, our region actually saw an increase in missions and defense-related payrolls during the '93 and 95 base closure rounds; and WHEREAS, the South Texas Military Facilities Task Force has been created to help defend the military facilities in South Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpq_s Christi fully supports the mission and activities of the South Texas Military Facilities Task Force, and pledges to actively participate in the Task Force's activities. SECTION 2. Subject to the availability of appropriations for this purpose, the City of Corpus Christi pledges to provide $50,000 a year for t~vo years to the Task Force. SECTION 3. The City Manager is directed to take the measures necessary to support this critical effort to save the military facilities in the City and region. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI R13117B2.doc 02't565 APPROVED: 24th day of AuguSt, 2000. James R. Bray Jr. City Attomey R. d~ I~eining/ I / Fir§t Assistant City Attorney Corpus Christi, Texas The above resolution was paUsded by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D. Colmenem Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott .,~.TB,.~o~ C):24 5C:, 5 CfTY OF CORPUS CHRISTI CERTEVICATION OF FUNDS (City Cl~arter Article IV, Sections ? & 8) 3'7 I, the Director of Finance of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money ~h_e?u_'~_m~:l~..for~.,t? ~nt ,r~ a~r..e~..eh.t, ~bli~gation or expenditure described below is in the Treasury to c crem~ o~me tuna specmee oe~o~v, from which it is to be drawn, and has not been appropriated for any other purpose: Amount R~quired: De~'i.'~p~.~n of Contract, Ag~ Fund from which Money is t~ FOR OFFICE USE ONLY Fund No. and Name Activity/Project No. ~ement, Obligation, or Expenditure:, ~D-irector ofF_imjnce ~ Date: g/'~,f~ t , be Drawn: Activity/Project Name Appropriation Ordinance: Yes. No ~ Ordinanca~otion No.: Council Meeting Dated: 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Sept. 16, 2003 AGENDA ITEM: A) Public He proposed Rodd Field Public Imp~ B) Ordinanc~ improvements; determining distri~ costs between district and City a roll; and authorizing and establis ~ring to determine the advisability of establishing the ovement District. ~ determining the advisability, nature, and cost of ;t boundaries, assessment method, and apportionment of s a whole; approving and filing preliminary assessment ling the Rodd Field Public Improvement District. ISSUE: Establishment of a pul~lic improvement district for Rodd Field Village for the purpose of eliminating blighted cFonditions and improving the health, safety and welfare through: 1. Platting all of the properties within the proposed district. 2. Providing a financing mechanism through the use of City and private funds for the installation of public infraCructure. 3. Furthering the objective to ensure that existing and future development is in compliance with state and local development regulations and building codes. REQUIRED COUNCIL ACTION:i Approval of ordinance PREVIOUS COUNCIL ACTION: Aug. 26, 2003 motion rescheduling public hearing to Sept. 16, 2003; July 22, 2003 motion scheduling public hearing on Aug. 26, 2003; Resolution No. 024261, October 19, 2000 FUTURE COUNCIL ACTION: Second Reading required on Sept. 23, 2003 for final passage. FUNDING: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of ordinance Assistant Director of Development Services Director of Planning Attachments: A) Resolution B) Boundaries C) Improvement Plan D) Assessment Plan BACKGROUND INFORMATION The proposal to create the Rodd by City Council in October 2000; The City is authorized under C establish such a district. Resolut the City Manager to accomplish Field PID (Attachment A). City objectives: Field Public Improvement District (PID) was considered It the request of a group of Rodd Field property owners. hapter 372 of the Texas Local Government Code to on No. 024261, approved October 19, 2000 authorized various objectives in the process of establishing Rodd Staff has accomplished the following aforementioned Hired a surveyor tct survey the proposed district. Hired an engineer ~nd surveyor to prepare a plat of the property within the district. · identified any prop( condemnation. · Prepared final co improvements, · Prepared a prelimir rty that needs to be acquired by dedication, purchase, or ~t estimates for the construction of the proposed ~ary assessment roll. At this point, Staff is prepared to make the following recommendations in accordance with the aforementioned resolution: Recommend adjustments in the boundary of the proposed district (Attachment B). Recommend the specific improvements that should be constructed (Attachment C). Recommend the method that should be used for assessing the appropriate costs to the property owners (Attachment D). Recommend the apportionment of cost between the improvement district and the City. Recommend how to fund the City's share of the project cost. Please review the aboveraentioned attachments as noted for specific recommendations and analysis of the issues. In regard to the final two recommendations: A) Apportionment of!Costs - The estimated public improvement cost for the Rodd Field PID is $880,000. Staff recommends that the District be liable for $790,300. The City would be accountable for the surveying, engineering and platting fees totaling $89,700. B) Funding the City's Share -The City's portion of the project costs of $89,700 have been paid using CDBG funds. ADDITIONALBACKGROUND The Rodd Field Village industrial area has been the focus of prior City efforts to assist property owners in joining together to share in the costs of platting and installation of the required public infrastructure. Publicly dedicated streets and an approved public water supply and sanitary sewer systemlare necessary to support any new growth and to create an environment for attracting futu~'e quality development. Since the mid-1980's, the City ~as been concerned with public safety, health and environmental issues relating to ~ccess to public streets, approved water supply and sanitary sewer within the area. Wilh the annexation of Rodd Field Village in 1989, the City began code enforcement efforts With individual property owners as well as with a coalition of property owners to bring the de~ platting, zoning and building cod participate in the coalition. Only tw These are outside the proposed d Planning Commission and is pend permits for improvements to the ur became apparent that the only was through the sharing of costs reloped and developing properties into compliance with .~s. At no time did a majority of the owners agree to ) tracts of land have been platted in the Rodd Field area. strict. One plat within the district has been approved by ng recordation. The City is not allowed to issue building platted properties in accordance with the City Charter. It , the platting and infrastructure costs could be affordable all the owners. In late 1999, City Staff again begen meeting with a group of owners, at their request, to explore the feasibility of establishing a public improvement district to finance the platting and infrastructure improvementS. A public improvement district would require the assessment of all property owners, provided the State legal tests for establishing the district are met. ATTACHMENT A RESOLUTION INITIATING PROCEEDINGS TO ESTABLISH THE RODD FIELD PUBLIC IMPROVEMENT DISTRICT. WHEREAS, when the City anne>Fed the Rodd Field Village in 1989, the City recognized the area posed a unique situatio~ for the City and accepted modified development standards in the annexation servlice plan; WHEREAS, when the City of Colpus Christi annexed the Rodd Field Village, the service plan (a copy of the servi(~e plan is attached to this resolution as Exhibit 1) spelled out which improvements the City would maintain and the conditions under which the City would assume responsibility; WHEREAS, in 1991, the City tried to get the Rodd Field Village property owners to agree to fund the needed infrastructure improvements, but could not gain the agreement of all of the property bwners; WHEREAS, no public improvements have been installed by the property owners since Rodd Field Village was annexedi, except installation of a sanitary sewer lift station and sanitary sewer line that connected the private sanitary sewer lines to the City's sanitary sewer system; WHEREAS, the property owners have not made the improvements needed for the City to assume responsibility for maintenance of water and sewer lines and private streets under the service plan; WHEREAS, many of the individual tracts of land within the Rodd Field Village do not have direct access onto a dedicated public street or easements to give them access to a dedicated public street; WHEREAS, only two tracts of land within the Rodd Field Village are currently platted; WHEREAS, the owners of unpletted land within the Rodd Field Village cannot obtain building permits because of Article V, Section 6 of the City Charter and are not able to lawfully improve their propertiesi; WHEREAS, those owners who have previously looked into platting their property have been unable to plat their property due to the high costs of installing the necessary off- site public improvements and obtaining legal access to their property, WHEREAS, some of the property owners within the Rodd Field Village have gotten together in an effort to remedy tJhe current situation by asking the City Council to order the creation of a public improvement district, under Chapter 372 of the Texas Local Government Code, in the Rodd Field Village; A-1 2 WHEREAS, in order to assist these property owners, the City's staff have met with the property owners on numerous occasions, drafted a preliminary concept plan, prepared rough costs estimates for construction of the improvements, and had some preliminary survey work performed; WHEREAS, several property owr within the area for the establishm WHEREAS, the property owners purporting to represent more that property within the Rodd Field Vii establish the Rodd Field Public ers circulated petitions to the other property owners ~nt of the Rodd Field Public Improvement District; or the representatives of the property owners 50 percent of the appraised value of taxable real age have signed petitions asking the City Council to ~provement District; and WHEREAS, the property owners or the representatives of the property owners purporting to represent more tha~ 50 percent of all record owners of property within Rodd Field Village that will be lial~le for assessment if a public improvement district is established have signed the petilion; and WHEREAS, the property owners or the representatives of the property owners purpoding to represent more thap 50 percent of the area of all taxable real property within Rodd Field Village that wil{be liable for assessment if a public improvement district is established have signed the petition; WHEREAS, the petitions to establish the Rodd Field Public Improvement District have been filed with the City Secretary; and WHEREAS, the members of th~City Council have reviewed the petitions filed by the property owners and their autho[ized representatives and believe the petitions are sufficient to implement the process to establish a public improvement district; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: sECTION 1. Based on our review of the petitions filed by property owners and their authorized representatives and t~he supporting information and presentation of the City staff, the City Council finds: a. A sufficient number of property owners within Rodd Field Village have expressed interest in the Establishment of a public improvement district under Chapter 372 of the Local !Government Code to formally initiate the process to establish the proposed P. Odd Field Public Improvement District. b. The proposed boundairies of the Rodd Field Public Improvement District are attached to this resolution as Exhibit 2. 3 b. The proposed street improvements, water distribution mains, fire hydrants, street lighting, and sanitary sewers lines within Rodd Field Village, as described in Exhibit 3 of this resolution, will confer special benefits to the Rodd Field Village, are necessary for~he orderly development of the area, and will improve public health and safety o~those who work and reside in the area. c. The preliminary estimaled cost of the improvements is approximately $780,000. A more detailed preliminary cost estimate is included in Exhibit 3. d. The costs of the improvements should be apportioned between City and property owners within th~ proposed public improvement district as follows: 1. The City will pa,~ the following costs: (a) The cost¢ of all future maintenance of the roads, water lines, sewer lines, land storm sewers that are owned by the City within dedicated stteet rights-of-way, drainage rights-of-way, or utility easements. (b) The costs of preparing the engineering drawings and contract administratien for the installation of the improvements. (c) All costs, nc uding the costs of surveying the District and individual lots, involved in platting all of the property located within the District. (d) The City will accept payment of the assessments by the property owners in lieu of any required water and sewer lot/acreage fees. 2. The property owners within the proposed district will pay the cost of the initial repair, repladement, and installation of the required roads, water lines, and sanitary sewer line, as detailed in Exhibit 3. e. The cost apportioned to the district will be assessed against the property owners based upon the square footage of property owned within the district. SECTION 2. The City Manager is directed to prepare a report to determine the feasibility and desirability of establishing the Rodd Field Public Improvement District. carrying out this directive, the City Manager is authorized to: In a. Hire a surveyor to survey proposed district. b. Hire an engineer and Surveyor to prepare a plat of the property within the district. A-3 4 c. Recommend adjustmenls in the boundary of the proposed district. d. Recommend the specifit; improvements that should be constructed. e. Hire an engineer to pref.are detailed construction design documents of the proposed improvements. f. Identify any property tha: needs to be acquired by dedication, purchase, or condemnation. ~ f. Solicit bids for the consttuction of the improvements. / g. Prepare final costs estimates for the construction of the proposed improvements. Recommend the apportionment of cost between the improvement district and h. the City. ~ i. Recommend how to funU the City's share of the project cost. j. Recommend the metho4J that should be used for assessing the appropriate costs to the property owners. k. Prepare a preliminary a~ssessment roll. SECTION 3. The Mayor may appoint a small informal ad hoc advisory committee, composed of five owners of property within the proposed district. The informal ad hoc advisory committee is charged wlth working with the City staff on the details of the feasibility report and advising the Council on the adequacy of the proposed improvements and the approprialeness of the method of assessment and boundary of the proposed district. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: //4'/4 dayof Samuel L. Neal, Jr. Mayor James R. Bray Jr. City Attorney R. J~/l~ining / First Assistant City Attorney A-4 Corpus Christi, Texas ~day of ,2000 The above resolution was passedI 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 A-5 ADDENDUM, J.~NUARY 2~, _.89 EXHIBIT I 'CITY OF CORPUS CHRISTI ANNEXATION STUDY FOR APRIL 1, 1989 ELECTION AREA q (RODD FIELD VILLAGE AREA) Tracts C-1 and Cq2 from Are~ C are located in the southeast area of the city and ~s the city s major growth area. Bill Witt Park is located between the two tracts. During the 1940s, Bill Witt Park and Rodd F%eld village served as government military installation functionsl. Because Rodd Field Village ITract C-i) was developed prior to ~ity code enforcement, that area remains unplatted. i Following is the service plan that the City of Corpus Christi will provide in accordance with State Statutes to bring newly annexed areas to an o~timum level of service: SERVICE PLAN: Tract C-1 Rodd Field Village Improvements in ~lac.e include roads without curb and gutter; gas, water and sewer ~ervlces are available. Currently, wastewater treatment services a~e provided by a privately-owned treatment plant. The City will! assume mainsenance of any new streets, curbs and gutters, and wil% assume maintenance of city gas, water and sewer facilities in place within 60 days of the effective date of annexation- Tract C-2 CMC Steel Giroup Improvements in place include a road without curb and gutter; water and sewer services are available. The City will assume maintenance of any new streets, curbs and gutters, and will assume maintenance of city water and sewer facilities in place within 60 days of the effective date of annexation. Stems to be pro¥ided in ~he service plan for Tracts C-1 and C-2 in Area C are as follows: 1. Public safety protection, including fire and police protection will be provided at a comparable level of service as other parts of the City on the effective date of annexation; 2. City garbage and brush collection will begin within two weeks after the effective date cf annexation; 3. The City Code Enforcement activity which includes high weeds and grass, care of premises and abandoned or junked automobiles, will be initiated within 60 days of ~he effective da~e of anne~'~r~nn: ADDEi'~DUM, jA/;UARY 24, 1989i EXHIBIT 1 The City's Park and Recrea%ion Department will assume normal park maintenance of dedicated park areas within subdivisions that are developed in accordance with the Platting ordinance of the City of Corpus Christi; Light Industrial will be effective on date of annexation; City maintenance of existing street lighting as well as street sighs will commence within 60 days of the effective date of annexation; Given that t~is area is in an unique situation and that the existing development's ~demand for city services is above normal, the City has modified development design standards. Following are the acceptable m~difications to the Platting Ordinance standards which will apply to this area: A) Minimum right-of-way -- 50' width, minimum pavement width -- 30', sidewalks not required; Existing public roads A, B, and H south of Road B will be repaired by the City where concrete has settled or broken with curb and gutter repairs as needed. c) Existing public roads (Nela, East Logan, and West Logan) will be reconstructed by the City to a minimum of: recompaction of subgrade, scarifying and rec~mpaction of caliche with additional caliche as required to a depth of 6"; 1-1/2" hot-asphalt; repairs to curb and gutter. D) The City will assume maintenance of those existing private roads "E" and "F" after they are improved by property owners to the same standard as specified above and dedicated to the City. E) The City will assume maintenance of those existing storm sewer improvements if: 1) Capacity of lines is sufficient; 2) Necessary · repairs are made; and 3) Dedication of the necessary easements is executed. ?) The City ~ill a s s'&me r_spon ....... ~ ~- of proviaing extensions of off-site sanitary sewer mains to the Rodd Field Village Area with the termination of the private treatment system· The City will assume maintenance of on-site improvements after the system is brought to standard by property owner and located in proper easementS. Property owner will be responsible ADDE~ DUI~ sANUA?.Y 2L,, ~cj$cj j EXHIBIT I G) H) for pro-rata and acreage fees and to tie-in to -~iable service within 100' from his property. Treasment~ of sewer will continue under the package plant under current permit private public service is made conditions until available- The City will assume responsibility of extending the wares system down Yorktown Boulevard adjacent to the i site. Property owners will improve existing on-site lines to City specifications after city inspection. Normal acreage and pro-ratal fees and standards apply. A-8 j EXHIBIT 2 ~ ' iI,~PROVEMENT DISTRICT1 PROPOSED RODD FIELD PUBLIC J j il w w~RO .._.__; GALt. EGO$ '------PROPOSED DISTRICT BOUNDARY 0 200 a. O0 CtT~ OF CORPUS CHRISTI ' PLANNING DEPT. 04OCT00/RP A-9 EXHIBIT3 ESTIMATED COST OF ESTABLISHING PROPOSED RODD FIELD PUBLIC IMPROVEMENT DISTRICT I. COSTS OF INFRASTRUCTURE IMPROVEMENTS ALLOCATED TO DISTRICT STREET WATER 3600 L.F. Pavement Contingency 25% 11 Total Rounded Stre, 6050 L.F. 8" p 15 8"v 19 Fire .~t lights $64.50 L.F. Contingency 25% 4 Total Rounded $560.00 Each pe $21.25 L.F. ~lves $800.00 Each hydrants $1500.00 Each Street Crossings $3000.00 $232,2O0 58,050 $290,250 6.160 $296,410 $297,000 $128,563 12,000 28,500 $169,063 42,266 $211,329 12.000 $223,329 $225,000 WASTEWATER TRUNK LINE 2500 L.F. 10 8" pvc 4' diameter manholes Contingency 25% Total Rounded $35.00 LF. $3,000.00 Each $87,500 30,000 $117,500 29,400 $146,900 $150,000 Rounded Total w/o Road H Water Loop $672,0O0 Costs per acre (88.31 acres) Additional costs for Road H Water Loop $7,610 $i08,000 Rounded Total w/Road H Water Loop $780,000 Costs per acre wi Road H Water Loop $8,832 Costs per square foot $0.203 A-lO ~XHIBIT 3 II. COSTS ALLOCATED TO OE WAIVED BY CITY Application and Recording Fees to Plat ((~;Z parcels of land) (to be waived by City) Cost of survey (surveys, deed starches, plat tracing, etc.) Engineering Costs $23,994 Total Rounded 29,000 6o,oo0 $89,000 $89,000 TOTAL ESTIMATED COST O~: PROJECT $869,000 A-11 ATTACHMENT B Requests for Changes in Rodd Field PID Boundaries Initiated by Property Owners Staff has prepared Page B-2 to illustrate the current boundaries of the district as originally proposed. Property owners have requested two adjustments. Mark Bratton, who owns Tract # 51 on Page B-2, has requested twice in writing that his property be removedl from the district (see Pages B-3 and B-4). Staff recommendation is that I~his request be denied for the following reasons: The opportunity exi.' district boundaries. Any withdrawal wot owners by increasin A withdrawal could lead to erosion of dissolution would made. ted to plat this property before Council established the ~ld create a negative impact upon the other property the per acre assessment by over $500 (Page B-5). ;ncourage others to petition for withdrawal. This would ;upport and possible dissolution of the district. Such ~ean that the necessary improvements could not be Staff does, however, recommer~d that Mr. Bratton receive a credit to his assessment for the surveying fees and City-~imposed development fees he has incurred. 2. Eloy Salazar, who owns Tract # 24 on Page B-2, has asked that the district boundaries be reconfigured on the southern border (Page B-6). The current configuration creates an oddly shaped triangular lot, which is unsuitable for development. Staff recommends allowing such an adjustment so long as the overall acreage of his tract remains the same. B-1 PROPOSED RODD FIELD PUBLIC IMPROVEMENT DISTRICT 27 24 m : ~ ~T~4 ~ ~0. : +512 8~5 01B1 Oct. 12 ~ 11:L~ ~1 South Chdl~l. Tex.'~ ?~41~ October 2000 Nr. Michmal Gunning Director of Planninq! City of Corpus ChrisTi, Tx. 78469 Faxg 880 3590 Dear Slr: The proposed Rodd Fi has included my prop of chapter 372.003 A that nothing on the property. I have re 372.009 HEARING that item {4} be revised at the hearing on 9 31d Public Improvement Dlstrtct arty !n the District. I review ]THORIZED IMPROVE/iI~NTS, shows .iat of 14 it-m~ applies to my ~ested by letter previous to the the boundaries described in :o exclude my property. Further October 2000 I made the same request. The Cltyts offer to plat tbs property aa an improvement iSZ (1] not timely, (2] would not iacluae the same requirements that would be ma~e if i plat the lan~, (3) has no value as to the usefulness or saleability of the property. Since my property has essentially nothing in common with the District, I would llk~ for you to change the boundary as requested. A rep~y i~ requested before the City Counoil heartn~ 24 October 2000. Sincerely, Mark Bratton CC: Feferman & Rehler, L.L.P. P. O. Box 23041 Corpus Christi, TX. 78403-304~ B-3 Mr. Michael Gunning Director of Planning p.O.Box 9277 Corpus christi, Texas 78439 7 April 2003 Dear Mr. Gunning, As you are aware Lot 1 Block approved, all requirements m, There will be NO services prov Field Industrial Park Public In Please remove this platted pr°perty Thanks, Mark Bratton Owner 8230 South Staples Corpus christi, Te:~as 78413 Ph. 855 0181 Rodd Field Industrial Park plat has been and all fees paid. ided to this property in the Proposed Rodd ~rovement District. from the proposed district. Rodd Field Public Improvement District Comparison of Owner Assessments With vs. Without Bratton Property OwnE r Assessment Estimate Current Without Estimate Bratton Total Costs $790,300 $790,300 Total Acreage 85.89 81.38 Cost per Acre $9,201.42 $9,710.83 Cost per Sq. Foot $0.211 $0.223 I B-5 CHANGE OF BOUNDARIES SALAZAR REQUEST Proposed ®Il®Ieee®® Boundary Change 27 24 ATTACHMENT C Rodd Field PID Improvement Plan Staff has prepared this Improvement Plan as its recommendation of future infrastructure improvements to the Rodd Field Public Improvement District. The consulting engineer has prep~ 2 and C-3). These costs are added 4) then the engineering and plattin costs. The preliminary cost estimate is a Infrastructure ROW Acquisi on Subtotal Engineering ¢osts lotal red a detailed analysis of the estimated costs (Pages C- to the cost of acquiring additional right-of-way (Page C- ~fees were subtracted, as the City has assumed those follows: $775,000 $105,000 $880,000 ($89,700) $790,300 Pages C-5, C-6 and C-7 illustrate the necessary improvements. It should be noted that, in accordance with the Annexation Service Plan (Pages A-6, A-7, A-8), typical right-of-way requirements have been reduced in an effor~ to control costs. C-1 Eng: Jim Urban PRELLIMINARY COST ESTIMATE February 21, 2003 By: C.R.R. for Job No.. 37167.00.00 RODD FIELD SUBDIVISION ITEM DESCRIPTION ~ QUAN. QUAN.16% + UNIT PRICE UNIT TOTAL COST IMPROVMENTS - ROAD "F" - 1,98~ LF ON CL.: A. PAVING I 2" HMAC Includig Pdme Coat' 5,720 6,578 SY $7.00 $46,046~00 2 Scarify, Stabilize, Recompact Existing Base and Cement Stabilize ~ 5,720 6,578 SY $10.00 $65,780.00 ROAD "F" SUB-TOTAL $111,826.00 B. PAVING IMPROVEMENTS - ROAD "E" - 75 LF ON CL.: 1 ~2" HMAC Including Pdme Coat i 2,166 2,491 SY $7.00 $17,437.00 Stabilize and Recompact Existing 2 Scarify, Base and Additional Base As Required 2,166 2,491 SY $10.00 $24,910.00 ~ ROAD "E" SUB-TOTAL: $42,347.00 C. ADDITIONAL LOOP ROAD ( NEW CONSTRUCTION PER DETAIL) - 967 LF ON CL.: I Roadway Excavation 4,352 5,005 CY $3.00 $15,015.00 2 8" Compacted Subgrade 3,177 3,654 SY $4.50 $16,443.00, 3 2" HMAC Including Prime Coat 2,741 3,152 SY $7.00 $22,064.00 4 6" Compacted Caliche Base 2,741 3,152 SY $7.00 $22,064.00 5 Driveway Repair (As Required) 1 I LS $5,000.00 $5,000.00 LOOP ROAD SUB-TOTAL: $80,586.00 J I PAVING SUB-TOTAL: $234,759.00 I D. MAIN 8" PVC C-900 WATERLINE LOOP: 1 8" PVC C-900 6,851 7,879 LF $18.00 $141,822.00 2 8" Gate Valve and Box 34 34 EA $650.00 $22,100.00 3 Fire Hydrant Assembly Complete wNalve 25 25 EA $2,600.00 $65,000.00 4 8" Ductile Iron Cross I 1 EA $350.00 $350.00 5 8" Ductile Iron Tee 6 6 EA $300.00 $1,800.00 6 8"x90 Degree Ductile Iron Bond t 2 2 EA $300.00 $600.00 7 Tie to Existing Waterline 2 2 EA $1,850.00 $3,700.00 8 Commercial Service Connections (As Required) 33 33 EA $550.00 . $18,150.00 9 Pavement Repair (As Required) I I LS $15,000.00 $15,000.00 I MAIN WATER LOOP SUB-TOTAL: $268,522.00 E. ADDITIONAL 8" PVC C-900 WATER LOOp: I 8" PVC c,-900 1,874 2,155 LF $18.00 $38,790.00 2 8" Gate Va ve and Box 7 7 EA $650.00 $4,550.00 3 8"x90 Degreen Ductile Iron Bend 2 2 EA $300.00 $600.00 4 Fire Hydrant Assembly Complete wNalve 5 5 EA $2,600.00 $13,000.00 5 Commercial Service Connections (As R~qured) J 6 6 EA $550.00 ' $3,300.00 6 Pavement Repair (As Required)I I I LS $2,500.00 $2,500.00 Urban Engineering 2725 Swantner Corpus Chdsti, TX 78404 1-361-854-3101 C-2 Eng: 3im Urban PREL~IMINARY COST ESTIMATE February 21, 2003 By: C.R.R. ! for Job No. 37167.00.00 RODD FIELD SUBDIVISION ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 16% PRICE COST ADDITIONAL WATER LOOP SUB-TOTAL: $62,740.00 WATER SUB-TOTAL: $331,262.00 F. SANITARY SEWER IMPROVEMENTS (RO,~D "F" ONLY - SEE NOTE BELOW): I 10' C-I-P-P Rehabilitation ~ 1,240 1,426 LF $44.00 ,$62,744.00 2 12" C-I-P-P Rehabilitation ! 340 391 LF $53.00 $20,723.00 3 Point Repair - (8-10') unpaved , 4 4 EA $5,000.00 $20,000.00 ! SANITARY SEWER SUB-TOTAL: $103,467.00 TOTAL ESTIMATED IMPROVEMENTS: $669,488.00 i CONSTRUCTION CONTINGENCES: $15,812.00 TOTAL CONSTRUCTION: $685,300.00 ENGINEERING: $89,700.00 TOTAL BUDGET: $775,000.00 NOTE: The City clean.e~., an.d .documen!ed approximately 5,580 If of sewer line within the R~o~,,d Field Subdivision. Howeever only 1,580 If of I~ne ~s ~ncluded m the current scol~ for line rehabilitation along Road 'F". By extrapolation of the proposed sever line improvements along Road "F", the 4,000 If of line remaining in the subdivision can likely be rehabilitated in a similar fashion for approximately $261,940. Urban Engineering 2725 Swantner Corpus Chdsti, TX 78404 1-361-854-3101 C-3 RODD FIELD PUBLIC IMPROVEMENT DISTRICT LAND ACQUISITION ESTIMATE Approximate Square Value of Tax ID No. Owner's IName Footage of Land per Sq. Line Total Adjusted for 50% Discount i Dedication Ft. -~47600211220 MORALES ALBERT L , 1,471.73 057 $419.44 2 -~47600210210 HULL DAVIDA : 16,271.32 023 $1,871.2(~ -)47600210226 JOHNSON MICHAEL E 1,033.28 0,59 $304.82 4 247600210239 GLENDENNING COLLINS REED 450.00 0.57 $128.25 247600210213 HANDLEY SHIRLEY JONES I 34.345.24 0.23 $3,949.7~ 247600210273 WILSON WILLIAM H 10,031.38 0~35 $1,755.48 -)47600210274 WILSON WILLIAM H 0.00 0.35 $0.00 247600210212 HULL DAVID A i 4,754.74 0.48 $1.141.14 247600210272 BROOKS THOMAS ET UX / 1,878.31 0.58 $544.71 1~ 247600211222 BROOKS THOMAS W ET UX BONNIE 0.0(~ 0.58 11 247600210224 MORALES ALBERT L, 1,569.01 0.57 $447.17 1; 247600210218 HEINAMAN AUBREY H ET UX i 9,324,8c. 0.58 $2,704.2; 1.~ 247600210275 HEINAMAN AUBREY HERBERT~ 0,0~ 0.58 $0.0(~ 14 247600210278 SAFFIOTI THOMAS M ~ 3.557.9-c 0.57 $1,014.0." 1[ 247600210270 SHAW WILLIAM J/~ 14.774.6[ 0.57 $4,210.7~ 1( 247600210219 PEAL AIR COND CO CIO PATRIC~ JESSE PEAL 6,181.7.' 0.58 $1.792.7( 13 247600210268 MANAK WM L 6,185,1." 0.58 $1,793.6c. i1! 247600210260 SHAWWILLIAMJ 10,581.8[ 0.58 $3,068.74 247600210266 ASHER GUY R %NANCY BEATOI~ & JACK MC C 11,883.9[ 0.48 $2,852.1[ 2( 247600210267 ASHER GUY R %NANCY BEATOI~ & JACK MC C 0.0{; 0.58 $0.0(; 21 247600210265 RODD iNDUSTRIES INC~ 7.470.0." 0.5~ $2,166.31 2~ 247600210269 VESELY JERRY J JR ETUX JACQ~JELINE G 2,870.67 0.58 $832.4.c 2.' 247600210271 VESELY JERRY J JR ETUX JACQUELINE G 0.0( 0.58 2~ 247600210222 SALAZARELOY H~ 55.167.8( 0.04 $1,103.3( 2.' 247600210263 MAJEK JOHN M JR ET UX 5,469.2( 0.57 $1,558.7; 21 247600210252 MAJEKKATHRYNEL 2.991.4,~ 0.57 $852.5~ 2~ 247600210255 MAJEK PROPERTIES LLC 0.0( 0.57 $0.0£ 21 247600210256 SERVO-DYNAMtCS INC 0.0( 0.5c- $0.0( 29i 247600210257 SCHURY PHYLLIS 0.(X 0.5~ $0.0( 30 247600210259 HARTUNG JERRY R 1,398.8' 0.5~ $405.6[ 31 247600210254 GARZA FERNANDO M AND ELOI~A G GARZA 906.2,' 0.5~ $262.8~ 32 247600210216 MAJEK PROPERTIES LLC 2,665.9! 0.5~ $759.8( 33 247600210250 SALMON CHARLES ASR 14.221.6; 0.4~ $3.413.2( 34 247600210235 BENDER JOSEPH 13,955.8; 0.4~ $3.349.4( 35 247600210230 BENDER JOSEPH 0.0( 0.4~ $0.0( 36 247600210240 ISLAVISTALLC 9,570.51 0.3~ $1.627.0( 37 247600210245 SUNRISE PROPERTIES LP 4,395.3! 0.53 $1,252.6; 38 247600210249 GUNTER BUDDIE ET UX BARBA 2,355.51 0.5~ $671.3z 39 247600210264 GUNTER BUDDIE ET UX BARBA 0.0( 0.57 $0.0( 40 247600210247 GUNTER BUDDIE ET UX BARBA 822.6~ 0.5~ $234.4( 41 247600210277 GUNTER BUDDY AND BARBARAIGUNTER WFE 824.4{ 0.57 $234.9; 42 247600210248 SUNRISE PROPERTIES LP 0.0( 0.4~ $0.0( 43 247600210284 ~MORROW SERVICES CO 4.198.1; 0.4~ $1.007.5! 44 247600210280 ~ESPARZA JULIAN T ET UX 523.2( 0.5~ $151.7~ 45 24760021028~ SALMON CHARLES ALS 1.531.2, 0.5(` $451.7; 46247600210282 (OCIAN MICHAEL A ET UX SU 2,857.4~ 0.5~ $828.6; 47 247600210289 RUZICKA WILLIAM J 2.855.0~ 0.5~ $813.7( 48 247600210288 ,GIDLEY DALE PJSYDNA A GID DBA DALE'S IMPORT SERVICE 2,057.31 0.5i $586.3! 49 247600210221 WIMER NORMAN KEITH 4,122.H 0.3z $700.7; 50 247600210237 CASTANEDA FRANK A 947.64 0.4~ $227.43 51 247600210232 BRA3-rON MARK P 0.00 0.2.' $0.0(~ 52 247600210234 KOCIAN MICHAEL A AND DAVID C KOCIAN 10.174.38 0.2.' $1.170.05 53 247600210215 KOC AN M CHAEL A AND DAV DC 0.00 0.2.' $0.00 54247600210242 IlCHA RON AKA RONALD JICHA 1,188.47 0.41 $285.23 55 247600210241 HAEBER & ROSALES ROOFING 12,204.33 0.3~ $2,074.74 56247600210279 .~OX DON I 4.655.24 0.48~ $1,117.26 57247600210258 ;OOK RICHARD B/NELLE S REV0CABLE LIVING TRUST 7,127.82 0.48 $1.710.68 58 NA Rodd Field Enterprises (streets} I 184~436.7g 0.50 $45.882.70 Total $103,731.52 Round up To $105,000 C-4 PROPOSED RODD FIELD PUBLIC IMPROVEMENT DISTRICT T. BENDER COOK 0 ' 2_00 4430 ------ PROPOSED DISTRICT BOUNDARY I ! · I PROPOSED 8" WATER! LINE C-5 PROPOSED RODD FIELD !PUBLIC IMPROVEMENT DISTRICT T. 8ENOE~ R J~O4& C). C~X SR 0 200 400 CiTY OF CORPUS CHRISTI - PLANNING OI~T* 041:3CT~3OIRP ------ PROPOSED DISTRICT BOUNDARY I II m PROPOSED WASTEWATER LINE & MANHOLES C--6 PROPOSED RODD FIELD PUBLIC IMPROVEMENT DISTRICT / / 't".~ e.,.~. j O. GOX ¢~ CCCK 0 ~00 400 --.--.-- PROPOSED DISTRICT BOUNDARY ~ PUBLIC ROAD REQUIRES ROAD DEDICATION 6-7 ~ ATTACHMENT D Rodd Field PID Assessment Plan Staff has prepared this Assessr recommendation of assessment 2 is the Preliminary Assessm( Assessment Method, which St; Staff has had two recent meetin. meeting held March 24, 2003, w~ discuss possible assessment me property owners as to which asse= them as to their preferences. second meeting held July 1,200i survey, announce which assessm any pertinent questions. Staff rec< makes this recommendation for ti lent Plan to present a Preliminary Assessment Roll, ~ethod and justification of choosing this method. Page D- ,nt Roll. This was prepared using the Acreage fi= recommends. is with the Rodd Field PID property owners. The first to update them on the progress of the project and to Ihods. Being unable to reach a consensus among the ~sment method to use, the decision was made to survey le D-3 provides an overview of the survey results. The was to notify the property owners of the results of the .nt method Staff will recommend to Council and answer ,mmends using the Acreage Assessment Method. Staff ~e following reasons: The majority of proPlerty owners support this method (See the survey results in Page D-4). Chapter 372 of the Texas Local Government Code mandates that the following criteria be met: Signed petitions to account for more than 50% of the total value within the district boundaries; and either · Signed petiti~ons to account for more than 50% of the number of owners on record within the district boundaries; or · Signed petitions to account for more than 50% of the total area within the district boundaries Page D-5 provides calculations bCsed upon the survey responses. The responses indicate that only the Acreage Assessment Method can provide enough support to meet the criteria established in Chapter 372. Moreover, in Resolution No. 024261, Section le (Page A-3), City Council established square fbotage as the method of assessment. [3-1 PRELIMINARY OWNER ASSESSMENTS RODD FIELD PUBLIC IMPROVEMENT DISTRICT ACREAGE ASSESSMEN3- OPTION ~,os~ per Ac~e $9,201,4; $8,832.52 D-2 Overview of Assessment Method Survey Results The rankings are as follows: 1. Assessment Option A (acreage): The average rank is 1.86.74% of respondent owners marked it as acceptable. 2. Assessment Option D (weighted 2/3 acreage & 1/3 value): The average rank is 2.39. However, only 37% of~espondent owners marked it as acceptable. 3. Assessment Option C (average of acreage and value): The average rank is 2.61. However, only 32% ofrespo$dent owners marked it as acceptable. 4. Assessment Option B (total '<slue): The average rank is 3.14. 37% of respondent owners marked it as acceptal~le. Assumptions: 1) Those who signed ~the survey previously would support only the assessment method that had the overall least cost for their property. 2) Those who have not previously signed would not support any of the assessment methods. If we used the Acreage Assessment the following scenario could be assumed: The owner of the lsla Vista property has indicated that he would sign if the acreage assessment method were used. That would give us 56.1% of the owners with 70.7% of the total value and 43% of the area. Meets legal criteria. If we used the Value Assessment and the same assumptions: Handley, Salazar, and Welter all would sign in this scenario. However, we would lose many owners that previously signed. We would then have 19.5% of the owners with 25.6% of the area but only 10.3% of the total value. Does not meet legal criteria. lfwe used the Assessment Weighted ~A Acreage & ~A Value and the same assumptions: Salazar will sign. We would have 14.6% of the owners with 20.7% of the area and 12.7% of the total value. Does not meet legal criteria. If we used the Assessment Weighted 2/3 Acreage & ~/3 Value and the same assumptions: · -) We would have 14.6% of the owners with 12.7% of the area and 22% of the lotal value. Does not meet legal criteria. D-3 Rodd Fiel~ Public Improvement District Assessr~ent Method Su~ey Results 1::)-4 Rodd Field Public Improvement District Percentages to Determine Compliance with Legal Criteria Sorted by Assessment Method ~ Assessment Number Percent Yes Total Yes No 'rotal Properties 34 57 59.6% 40.4% 100.0% Owners 18 41 56,1% 43.9% 100.0% Total Value $2,215,81c~ $1917,857 70.7% 29.3°/~ 100.0% ~,rea 36.c- 43.0% 57.0°/, 100.0°/, ' Value Assessment Number Percent Yes No Total Yes No Total Properties 57 21.1% 78.9% 100.0% 33 41 19.5% 80.5% 100.0% Value $321 $2i812,095 10.3% 89.7°/< 100.0°/< 22 25.6% 74.4% 100.0% D-5 Proposed Rodd Field Public Improvenlent District Presentation to 'Aty Council September 16, ~003 Issue · Establishment of a public improvement district for Rodd Field Village for the purpose of eliminating blighted conditions and improving the health, safety and welfare through: · Platting all of the properties within the proposed district. · Providing]a financing mechanism through the use of City and priva~ funds for the installation of public infrastructure. · Furthering the objective to ensure that existing and future development is in compliance with state and local development regulations and building codes. Previous Council Actions · October 19 - Authorized of establish! - Established - Established · July 22,200! - Scheduled · August 26, 2 - Reschedule, 2000 - Resolution No. 024261 :he City Manager to explore the feasibility ng the public improvement district proposed district boundaries proposed public improvements - Motion ublic hearing for August 26, 2003 )03 - Motion public hearing for September 16, 2003 Resolution No. 024261 · Authorized City Manager to: · Hire a surveyor to survey the proposed district · Hire an engineer and surveyor to prepare a plat of the property within the district · Identify any property that needs to be acquired by dedication, purchase or condemnation · Prepare final cost estimates for the construction of the proposed improvements · Prepare a preliminary assessment roll Staff has completed each of these objectives Resolution No. 024261 · Directed Cit> recommendal · Recommen, district · Recommend constructed · Recommend the appropri: · Recommend improvemen · Recommend Manager to make the following ions: adjustments in the boundary of the proposed the specific improvements that should be the method that should be used for assessing rte costs to the property owners the apportionment of cost between the ~ district and the City how to fund the City's share of the costs Recommendation #1: Adjustments to district boundaries Staff has received two property owner requests to adjust the c[istrict boundaries Boundary Adjustment Request A Property Owner: Mark Bratton · Subject parcOl in ~ '- blue · Property owner requests that the property be removed from the district · Property is Platted, but not recorded Recommendation: Deny Request · The opportunity existed to plat this property before Council established the district boundaries · Any withdrawal would create a negative impact upon other property owners - Per acre owner assessment would increase from $9201.42 to $9710.83 for remaining property owners · A withdrawal could encourage others to petition for withdrawal. This would lead to erosion of support and possible disso!ution of the district. A dissolution would mean that necessary improvements and platting could not take place 4 Recommendation: Deny Request · However, slaff recommends that the property owner receive a credit to his assessment[in the amount he incurred to plat the property, specifically: - Surveyor/~ngineer platting fees - City-impoSed development fees Boundary Adjustment Request B Property Owner: Eloy Salazar · Subject property in blue · Property owner requests reconfigurati0n of lot · Current configuration unsuitable for development Recommendation: Approve Request · Approval is ~ ~ ,? '~-. -. recommende ] as ~:/" ~i'~: ,- ~i~~'~ long as lot the sam~ I Proposed con..~ura..o~6o ~i and houndarv adjustment shown to rig] tt ~ ~i.---~ :Recomm{ Specific Impt ndation #2: ovement Recommendations The foilowing slides illustrate the recommenc}ed water, wastewater and street improvements 6 Water System Improvements · Proposed improveme~ tts to the water s~Cstem estimated af $331,262 Wastewater System Improvements · Proposed improvements to the wastewater system estimated at $103,467 Street Network Improvements · Proposed improvem< nts to the street n :twork estimated ~t $234,759' Recommendation #3: Method of Assessment Staff recommends assessing the district costs based upon the lot area of each lot · City Council supported this method in Resolution No. 024261 · Based upon a survey of property owners, this is the only method that has enough support to meet the legal criteria set forth in the Texas Local Government Code Texas Local Government Code Chapter 372 Requirements · Signed petit for more tha within distri · Signed petit for more tha record withi · Signed petit: ons from property owners accounting a 50% of the total appraised value :t boundaries; and either: ons from property owners accounting 50% of the number of owners on ~ district boundaries; or ons from property owners accounting for more than 50% of the total area within district boundaries ' Survey Results Based upon a survey of the property owners, if the acreage method of assessment is used there would be enough signed petitions to account for: · 70.7% of the total appraised value within district boundaries · 56.1% of the property owners on record within district boundaries · 43% of the total area within the district boundaries No other method of assessment received enough support to account for more than 25.6% of any of the three criterion Recommendation #4: Apportionment of Costs Consistent with Resolution No. 024261, Staff recommends the following apportionment of costs: · Total Costs: $880,000 · Costs apportioned to district: $790,300 · Costs apportioned to the City:$89,700 Recommendation #5: Funding of City's Portion of Costs CDBG funding has been used to fund the City's porticm of the total project costs. 10 Page 1 of 6 ORDINANCE DETERMINING AD' IMPROVEMENTS; ASSESSMENT METHO DISTRICT AND CI'I'~ PRELIMINARY ASSE ESTABLISHING THE /ISABILITY, NATURE, AND COST OF :)ETERMINING DISTRICT BOUNDARIES, D, AND APPORTIONMENT OF COSTS BETWEEN AS A WHOLE; APPROVING AND FILING ~SMENT ROLL; AND AUTHORIZING AND ODD FIELD PUBLIC IMPROVEMENT DISTRICT. WHEREAS, with proper notic~ to the public and to the property owners in the proposed district under § 372.009 Texas~ Local Government Code, a public hearing was held on Tuesday, September 16, ,200:~, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council closed the public hearing on Tuesday, September 16, 2003 without adjournment; WHEREAS, this Ordinance was adopted on first reading on Tuesday, September 16, 2003, and is adopted on secohd and final reading on Tuesday, September 23, 2003, during the six-month period after the date of the final adjournment of the public hearing under § 372.009 Texas Local Government Code, as required by § 372.010; WHEREAS, the City Council has determined that this Ordinance would best serve public health, necessity, and cbnvenience and the general welfare of the City of Corpus Christi and its citizens; WHEREAS, when the City annexed the Rodd Field Village in 1989, the City recognized the area posed a unique situation for the City and accepted modified development standards in the annexation service plan; WHEREAS, when the City of Corpus Christi annexed the Rodd Field Village, the service plan (a copy of the serVice plan is attached to this Ordinance as Exhibit 1) spelled out which improvements the City would maintain and the conditions under which the City would assume ~esponsibility; WHEREAS, in 1991, the City tried to get the Rodd Field Village property owners to agree to fund the needed infraStructure improvements, but could not gain the agreement of all of the properlly owners; WHEREAS, no public improvements have been installed by the property owners since Rodd Field Village was annexed but the City installed a sanitary sewer lift station and sanitary sewer line that connected the private sanitary sewer lines to the City's sanitary sewer system; H:~LEG-DIR~DoyleD.CurtisWIYDOCS~2003~P&ZONING 28~Pub~ic fmprovD ist~RoddFiel dPIO~091003DC Clean Ordinanc. Finding Advisabl.it,/Etc&.Creating. District wpd Page 2 of 6 WHEREAS, the property owners have not made the improvements needed for the City to assume responsibility for maintenance of water and sewer lines and private streets under the service plan; WHEREAS, many of the indivi~lual tracts of land within the Rodd Field Village do not have direct access onto a dedi~cated public street or easements to give them access to a dedicated public street; ~ WHEREAS, only two tracts of land within the Rodd Field Village are currently platted; WHEREAS, the owners of un~latted land within the Rodd Field Village cannot obtain building permits because of Article V, Section 6 of the City Charter and are not able to lawfully improve their propertiets; WHEREAS, those owners whq have previously looked into platting their property have been unable to plat their prope~rty due to the high costs of installing the necessary off- site public improvements and (~btaining legal access to their property, WHEREAS, some of the prop~rty owners within the Rodd Field Village have gotten together in an effort to remedy the current situation by asking the C ty Counc to order the creation of a public improvement district, under Chapter 372 of the Texas Local Government Code, in the Rod~J Field Village; WHEREAS, in order to assist these property owners, the City's staff have met with the property owners on numerous occasions, drafted a preliminary concept plan, prepared rough costs estimates for construction of the improvements, and had some preliminary survey work performed; WHEREAS, several property qwners circulated petitions to the other property owners within the area for the establisl~ment of the Rodd Field Public Improvement District; WHEREAS, the property owne~rs or the representatives of the property owners purporting to represent more than 50 percent of the appraised value of taxable real property within the Rodd Field Village have signed petitions asking the City Council to establish the Rodd Field Public Improvement District; WHEREAS, the property owners or the representatives of the property owners purporting to represent more than 50 percent of all record owners of prope[ty within Rodd Field Village that will be liable for assessment if a public improvement district is established have signed the petition; WHEREAS, the petitions to establish the Rodd Field Public Improvement District have been filed with the City Secretary; and H:~EG-DIR~DoyleD Curtis~MYDOCS~2003~P&ZONING 28~Public.lmprevD. i st~Rodd Fie~.d PID~091C03DC. C~ean. Ordinanc F ind[ng.AdvisabLityEtc& .Creating. D istric[wpd Page 3 of 6 WHEREAS, the members of the City Council have reviewed the petitions filed by the property owners and their authorized representatives and believe the petitions are sufficient to implement the process to establish a public improvement district; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Based on our review of the petitions filed by property owners and their authorized representatives an¢ the supporting information received during the public hearing and the presentation Of the feasability report by City staff, the City Council finds: a. A sufficient number Of property owners within Rodd Field Village have expressed interest in thf~ establishment of a public improvement district under Chapter 372 of the Local Government Code to formally initiate the process to establish the proposed Rodd Field Public Improvement District. b. The boundaries of the Rodd Field Public Improvement District are established as described in Exhibit!2 attached to this Ordinance. as Exhibit 2. c. The proposed street improvements, water distribution mains, fire hydrants, and sanitary sewers lines within Rodd Field Village, as described in Exhibit 3 of this ordinance, will confer special benefits to the Rodd Field Village, are necessary for the orderly development of the area, will improve public health and safety of those who work and reside in the area, and are advisable,. d. The estimated cost ef the improvements is approximately $880,000 (including $89,700 for engineeringcosts to be paid by City). A detailed preliminary cost estimate is included in Exhibit 3. e. The costs of the improvements should be apportioned between City and property owners within the proposed public improvement district as follows: 1. The City will Pay the following costs: (a) The costs of all future maintenance of the roads, water lines, sewer lines, and storm sewers that are owned by the City within dedicated street rights-of-way, drainage rights-of-way, or utility easements. (b) The costs of preparing the engineering drawings and contract administration for the installation of the improvements. (c) All costs, including the costs of surveying the District and individual lots, involved in platting all of the property located within H :',LEG-OIR~DoyleD Cur tistNIYDOC S~2003~P &Z O NING,28\Pu b6c ImpmvD.ist~Rodd Fiel dPID~091003OC Clean ,Ordinanc Finding. Advisabl.ityEtc&, C rearing. District.w~l Page 4 of 6 the Districl. (d) The City will accept payment of the assessments by the property owners in lieu of any required water and sewer lot/acreage fees. 2. The property ( initial repair, repb lines, and sanitar Assessment Roll. f. The cost apportioned owners based upon the SECTION 2. The Rodd Field established as described in Se ASSESSMENT ROLL is appro ~wners within the proposed district will pay the cost of the cement, and installation of the required roads, water sewer line, as detailed in Exhibit 4, the Preliminary to the district will be assessed against the property square footage of property owned within the district. 'ublic Improvement District ("District") is authorized and ,-'tion 1 above. Exhibit 4, THE PRELIMINARY /ed and the City Secretary shall file a copy SECTION 3 The City ManageI, or his designee, is authorized and directed to: a. Hire a surveyor to sLirvey proposed district. b. Hire an engineer and surveyor to prepare a plat of the property within the district. c. Hire an engineer to prepare detailed construction design documents of the proposed improvements. d. Identity any property that needs to be acquired by dedication, purchase, or condemnation. e. Solicit bids for the construction of the improvements. f. Prepare final costs estimates for the construction of the proposed improvements. g. Recommend how tO fund the City's share of the project cost. h. Prepare a proposed assessment roll. I. Prepare an ongoing service plan for the District and present the plan to the City Council for review and approval. The service plan must cover a period of at least five (5) years and must define the annual indebtedness and projected costs for improvements. The plan shall be reviewed and updated annually for the purpose of determining ~the annual budget for improvements (§ 372.013 Texas Local Government Code). H:%EG-DIR~)o3~eO C u rti s WIY D OCS~2003~P&Z O NING. 28~Pu biic I rnprovD.ist~Rodd F iel d P ID~091003DC C tean. Ord i nanc. F i ndi~lg .Advisabl.ityEtc&. C mating. D ist~ct .wpd Page 5 of 6 SECTION 4 The City Secretary or his designee shall publish the caption of this ordinance one time in the offic~ial publication of the City. As required by § 372.010 Texas Local Government Code, the authorization for the Rodd Field Public Improvement District takes effect after publication. ATTEST: Armando Chapa City Secretary APPROVED 3 September 2003 THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H:~LEG-DIR~h:~eD.Curfls~MYDOCS~003\P &ZONING 28~Pu blic, lmp~vD ist~RoddFiel dPID~091003DC.Clean On;linanc Finding Advisabl,ityEtc&.Creating District.wpd Page 6 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the 16th day of September, 2003, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret William Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance Was read for the second time and passed finally on this the 23r~ day of September 200B, by the following vote: William Kelly Rex A. Kinnison Jesse Noyola Mark Scoff Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret PASSED AND APPROVED on the 23~ day of September, 2003. ATTEST: Armando Chapa City Secretary boyle-D~rtis "' Chief, Ad~ninistrative Law Section Senior Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H :\LEG-DI R~DoyleD CurIis~MYDOCS~2003~P&ZO N IN G. 28~Pu blic.lm pro~'D i st~Rodd Fie l d PID~091003 DC. C lean. Ordinanc. Find Jng Advisabl.ityEtc& C rearing. District.wpd 21 CITY COUNCIL AGENDA MEMORANDUM September 5, 2003 AGENDA ITEM: Public hearing to conside Benbrook Drive (an unde~ 19, Flour Bluff & Encinal Ordinance vacating and ~ (an undeveloped dedicate ' vacating and abandoning 19,144-square foot portion of 'eloped dedicated public right-of-way) out of Lot 13, Block --arm & Garden Tracts. bandoning 19,144-square foot portion of Benbrook Drive d public right-of-way) out of Lot 13, Block 19, Flour Bluff & Encinal Farm & Garden Tracts; subject to compliance with the specified conditions and the owner replatting ~e property within 180 days at its expense; and declaring an emergency. ISSUE: Naismith Engineering, Inc., on behalf of Braselton Land Ventures, Inc., is requesting the vacation and abat~donment of the dedicated public right-of-way to allow for the future development of a resiUential subdivision. REQUIRED COUNCIL ACTIONI City Charter requires Council approval to abandon and vacate any portion of street right~s-of-way. City Code requires a public hearing prior to the vacating and abandonment of any street rights-of-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. Margie C. Rose, Assistant City Manager Acting Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITION/~L BACKGROUND INFORMATION BACKGROUND: Naismith Engineering, Inc., on b~half of Braselton Land Ventures, Inc., is requesting the vacation and abandonment of a t19,144-square foot portion of Benbrook Drive (a dedicated undeveloped 30-foot v~ide public right-of-way). The undeveloped public right- of-way (ROW) is part of Lot 13, Block 19, Flour Bluff & Encinal Farm & Garden Tracts. Both The Church of Jesus Christ~ of Latter-Day Saints and Brasetton Land Ventures, Inc., are abutting to the undeveloped public ROW. The Church of Jesus Christ of Latter-Day Saints is waiving their rights to any portion of the public ROW by granting a "Special Warranty Deed" to Braselton Land Ventures, Inc. The said portion of public right-of-way that is being vacated and abandoned to allow for the future development of a residential subdivision. Braseiton Land Ventures, Inc., desires to offset the referenced undeveloped public ROW by dedicating a new street ROW via a proposed subdivision plat. The offsetting new street ROW would be located approximately 100-feet to the west of the current half-width ROW. All public and franchised utilities Were contacted regarding this closure request and no objections were received. Staff recommends that payment of the fair market value be waived because Owner will be dedicating public street rights-of-way of equal or greater value to off-set the proposed abandonment. The owner has been advised of and concurs with the conditions of the easement abandonment. EXHIBIT A AN ORDINANCE ABANDONING AND VACATING A 19,144 SQUARE FOOT PORTION OF BENBROOK DRIVE (AN UNDEVELOPED DEDICATED PUBLIC RIGHT-OF-WAY) OUT OF LOT 13, SECTION 19, FLOUR BLUFF ENCINAL FARM & GARDEN TRACTS; SUBJECT TO COMPLIANCE WITH THE SPECIFIED C~ONDITIONS AND THE OWNER REPL..A. TTING THE PROPERTY WITHIN 180 DAYS AT ITS EXPENSE, AND DECLARING AN EMERG~ENCY. WHEREAS, there is a 19,144 square foot portion of Benbrook Drive (an undeveloped dedicated public right-of-way) o~t of Lots 13, Section 19, Flour Bluff Encinal Farm & Garden Tracts, as recorded in V~olume A, Pages 41-43, Map Records Nueces County, Texas, that the owner, Braselton Land Ventures, Inc., (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and Vacate sa d portion of the easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 19,144 square foot portion of Benbrook Drive (an undeveloped dedicated public right-of-way) out of Lot 13, Section 19, Flour Bluff Encinal Farm & Garden Tracts, as recorded in Vblume A, Pages 41-43, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Staff recommends that payment of the fair market value be waived because Owner will be dedicating a public street right-of-way of equal or greater value to off-set the proposed vacating and abandonment of public right-of-way. That the abutting property owners replat their respective properties within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating cimumstances outside the Owner's control necessitate an extension. 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 16th day of September, 2003. H:\LEG-DIR~Joseph\ORD- fbefgt- 19.doc ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved '~.~' ~ /¢ ,2003 By: JosepH/Harney ~ Assistant City Attorney For City Attorney \\CLSTRI USERS2_SERVER\USERS2\LEG-DIRXJoseph\ORD-fbefgt- 19.doc Corpus Christi, Texas day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in th~ emergency clause of the foregoing ordinance, an emergency exists requiring SUSl~ension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: INVe, 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, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott \\CLSTR I _USERS2_SERVER\USERS2~LEG-DIRXJoseph\ORD-fbe fgt- 19.doc ~ ~ ~ 0,44~ ,oc 2 Found 5/8" Iron Red EXHIBIT B S60°53'20"E 30.00' ---~ I0' UTILITY EASEMENT 25' BUILDING LINE I 0' UTILITY EASEMENT 1 O0 50 0 SCALE IN FEET 10C SECTION LO'I- Braselton Land Ventures, Inc~ 27.896 Acres 0.44 ACRES 19,144 SQUARE FEET 20' Road ~asement Volume A, Page 43 M.R., N.C.T. POINT OF BEGINNING Found 5~8" Iron Rod SW. Cor. 6.00 Ac. 'Fr. Power Pole LU lg Lot 2, Block 9 1 3 Whispering Creek Volume 45, Page I 12 M.R., N.C.T. Latter-Day Saints Church 6.00 Acres Volume 1485, Page 33 I D.R., N,C.T. EXISTING CONC, CURB R= 10.00' L= 15.7 J' EXISTING 25' A =90°00'20" C,P.&L EASEMENT VOL. 45, PG. CB=S 15°55'50"E M.R.. N.C., TX. CH=14.14' ~5' BUILDING UNE 40.00' Pole ~L WOOLDRIDGE ROAD ~'~' Denotes: Overhead Electric Line NOTE: 1)Bearings based on the south line of THE MEADOWS, UNIT 2 o$ shown on mop recorded in Volume 45, Page 244, Map Records of Nuecee Oounty, Texas. EXHIBIT C NAISMITH ENGINEERING, INC, 19,144 SQ. FT. (0.44 ACRES) TRACT OF LAND OUT OF A 6.00 ACRE TRACT OF LAND 51TUATED IN LOT 13, SECTION 19 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT5 NUECES COUNTY, TEXAS 22 NO ATTACIHMENT FOR THIS ITEM 23 CITY COUNCIL AGENDA PRESENTATION MEMORANDUM AGENDA ITEM: Presentation of 4th Quarter F~'2002-2003 Budget/Performance Report STAFF PRESENTER(S): Name , Title/Position Department 1. Mark L. McDaniel Exe(~utive Director - .Support Svces. 2. Cindy O'Brien Acting Director - Office of Management and Budget ISSUE: The 4th Quarter Report for the period ended July 31,2003 has been completed and was distributed to the City CoUncil on September 9, 2003. The report is now formally presented for Council review. REQUIRED COUNCIL ACTION: No formal action is required. Cindy O'Bnen Acting Director of Management and Budget Copy of PowerPoint X FY2002-2003 Budget/Performance Report 4th Quarter Period Ended July 31, 2003 Carpus Christi i' I I '®F 2003 Introductory Remarks r� The City Council Goals/Issues have been %1/1! 1f1t S%W9"1 !1!S SIS fT separate section. Final audited results will be reflected in the City's Comprehensive Annual Financial Report (CAFR), due to be completed in November, 2003. 110 100 90 80 70 60 50 p� 40 30 20 10 0 General Fund YTD Revenues 113 114 128 Property Tax Other Taxes Franchise Fees Solid Waste Municipal Court Other Revenue IM YTD 2000-01 0 YTD 2001-02 ■ YTD 2002-03 1 1 General Fund YTD Expenditures General Go Vt Public Safety Solid WasteSvices. Development Parks & Reed Health Svices Street Svices. Svices. Library ® YTD 2000-01 ■ YTD 2001-02 0 YTD 2002-03 General Fund Fiscal Notes ➢Storm/tornado related costs pSales Tax audit ndtrt72/12 i ➢Significant measures to curtail overall operating costs Year End Result: Preliminary net increase of $1.3M in unreserved fund balance 180 160 140 120 100 py 80 60 40 20 0 Enterprise Funds YTD Revenues Water Gas Wastewater Airport Ambulance Golf Marina 00 YTD 2000-01 0 YTD 2001-02 ■ YTD 2002-03 105 104 105 99 re � Water Gas Wastewater Airport Ambulance Golf Marina 00 YTD 2000-01 0 YTD 2001-02 ■ YTD 2002-03 170 160 150 140 130 120 110 100 90 80 70 60 a 50 40 30 20 10 0 Enterprise Funds YTD Expenditures Water Gas Wastewater Airport Ambulance Golf Marina EM YTD 2000-01 ■ YTD 2001-02 0 YTD 2002-03 Combined Utilities Fiscal Notes ➢Storm/tornado related costs Lower wate valev - - -- --- ➢High er PGA 'pass through" ➢Significant measures to curtail overall operating costs Year End Result: Programmed draw down of fund balance Internal Service Funds YTD Revenues Stores Maintenance MIS Engineering Risk Svices. Svices Management YTD 2000-01 ■ YTD 2001-02 ■ YTD 2002-03 120 100 80 60 p� 40 20 0 Internal Service Funds YTD Revenues Stores Maintenance MIS Engineering Risk Svices. Svices Management YTD 2000-01 ■ YTD 2001-02 ■ YTD 2002-03 100 90 80 70 WC 10 CI, Internal Service Funds YTD Expenditures Stores Maintenance MLS Engineering Risk Svees. Styes Management YTD 2000-01 ■ YTD 2001-02 0 YTD 2002-03 60 50 a 40 30 WC 10 CI, Internal Service Funds YTD Expenditures Stores Maintenance MLS Engineering Risk Svees. Styes Management YTD 2000-01 ■ YTD 2001-02 0 YTD 2002-03 Risk Management Fund Fiscal Notes ➢ Self insurance claims lower than earlier budget estimates ➢���.�unded b��teftts accounted for separately as a `pass through" ➢General liability remediation work funded directly by departments Year End Result• Improved year end position compared to earlier budget estimates Special Revenue Funds YTD Revenues Hotel Reinvestment Reinvestment Seawall Arena Facility Visitor's UPC Crime District Occupancy Zone # 1 Tone #2 Improvement Facility YTD 2000-01 0 YTD 2001-02 0 YTD 2002-03 150 140 130 120 110 100 90 80 70 60 50 40 30 20 100 Special Revenue Funds YTD Expenditures Hotel Reinvestment Reinvestment Seawall Arena Visitor's LFPC Crime Occupancy Zone #1 Zone #2 Improvement Facility Facility District IM YTD 2000-01 0 YTD 2001-02 0 YTD 2002-03 " 100 100 II II M Ewa" 1 N' Nor I11 ■ f� M M= Hotel Reinvestment Reinvestment Seawall Arena Visitor's LFPC Crime Occupancy Zone #1 Zone #2 Improvement Facility Facility District IM YTD 2000-01 0 YTD 2001-02 0 YTD 2002-03 Hotel Occupancy Tax & Visitors Facility Funds Fiscal Notes ➢Decrease in tourism (HOT tax receipts) ➢Significant measures to curtail overall operating costs for convention center Questions &Comments K IIIN 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Bond Issue ~2000 Quarterly Report #9 STAFF PRESENTER(S): Name 1. 'Angel R. Escobar, P.E. Title/Position Director Department Engineering Svcs. OUTSIDE PRESENTER(S): Name Title/Position Or.qanization 1. N/A ISSUE: This is a quarterly report on the status of the voter-approved Bond Issue 2000 projects 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. 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 RecreationiMuseum, and Street Improvements projects. The approved 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. REQUIRED COUNCIL ACTION: None Required / nt Head Signature) 25 NO ATTACiHMENT FOR THIS ITEM City of Corpus Christi