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Agenda Packet City Council - 10/21/2003
CITY COUNCIL AGENDA OCTOBER 21, 2003 Corpus Christi 2OO3 1: 45 P.M. - Special Presentation for Clif Moss Proclamation declaring the month of October as 'National Arts & Humanities Month" Proclamation declaring October 19 - 25, 2003 as "YVVCA Week Without Violence" Proclamation declaring October 23 - 31, 2003 as URed Ribbon Week" 'At Your Service Award", City Staff Recognition Program 'American Diabetes Association" - City Staff Recognition AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD OCTOBER 21, 2003 2:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHJBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 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 limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea 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 appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Evangelist Napoleon Johnson, Faith Mission Outreach. 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 Brent Chesney Council Members: Melody Cooper 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 __ Agenda Regular Council Meeting October21,2003 Page 2 E. MINUTES: Approval of Regular Meeting of October 14, 2003. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H= CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence aflerthe items not requirfng separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Ordinance appropriating $7,500 from the Corpus Chdsti Chamber of Commerce Foundation in the No. 1067 Park and Recreation Grants Fund for the funding of data collection and analysis activities at the Juvenile Assessment Center. (Attachment # 2) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October21,2003 Page 3 J Motion authorizing the City Manager or his designee to execute a construction contract with Elite Construction, of Corpus Christi, Texas in the amount of $130,000 for the Oso Water Reclamation Plant Aeration (East) Basins Structural Improvements. (Attachment # 3) Motion authorizing the City Manager or his designee to execute a consultant contract with Colwell & Associates, of Corpus Christi, Texas for a total fee not to exceed $360,639 for the Oso Water Reclamation Plant Electrical/Alternate Power Facility Upgrade. (Attachment # 4) Motion authorizing the City Manager or his designee to execute a consultant contract with LNV Engineering, of Corpus Christi, Texas for a total fee not to exceed $232,355 for the Meadowbrook Subdivision Area Drainage Improvements. (Attachment # 5) Motion authorizing the City Manager or his designee to execute a consultant contract with HDR Engineering, of Omaha, Nebraska for a total fee not to exceed $236,332 for the Wood River Lift Station and Force Main Upgrade. (Attachment # 6) Motion authorizing the City Manager or his designee to execute Change Order No. 2 with Fairbairn Electric, of Corpus Christi, Texas in the amount of $29,269.46 for the Holly Road Pump Station Miscellaneous Electrical Improvements Project. (Attachment # 7) Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with McAllen Construction, Inc. of McAIlen, Texas in the amount of $33,800 for the Kinney Street Storm Water Pump Station 2003. (Attachment # 8) Motion authorizing the City Manger or his designee to execute a lighting contract with American Electric Power Company in the amount of $80,099 for the installation of new continuous street lighting on Ocean Drive, (south half of Spur 3 - Phase 1 - Part A) between a point south of the bridge east of Alameda Street to a point just south of Sand Dollar Boulevard, at Texas A & M University - Corpus Christi. (Attachment # 9) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting O~ober21,2003 Page 4 10. 11.a. 11.b. 12. 13.a. 13.b. Motion authorizing the City Manager or his designee to execute Change Order No. 4 with Moorhouse/Beecroff, Joint Venture, LLC, of Corpus Christi, Texas in the amount of $142,059 for repair of the existing Convention Center Cooling Tower Structural Support System. Attachment # 10) Ordinance appropriating $199,764.66 from the No. 1020 General Fund Municipal Court Technology Fee for Informix Database Dell computers, XML module and IP telephones for the Municipal Court; and amending FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 to increase appropriations by $199,764.66. (Attachment # 11) Motion authorizing the City Manager or his designee to execute a twelve-month database maintenance agreement with Keene Information Systems, Inc. of Katy, Texas in the amount of $29,110 in accordance with the State's Cooperative Purchasing Program. (Attachment # 11) Motion authorizing the City Manager or his designee to execute an annual software maintenance renewal with ESRI, Inc., of Redlands, Califomia in an amount not to exceed $39,149.34 for the ESRI suite of application software for the City's Geographic Information System. (Attachment # 12) Motion authorizing the City Manager or his designee to accept grant funding in the amount of $48,401 from the Texas Department of Transportation for a Driving While Intoxicated (DWI) Selective Traffic Enfomement Project (STEP) in the Police Department for overtime DWI enforcement and to execute all related documents. (Attachment # 13) Ordinance appropriating $48,401 from the Texas Department of Transportation for funding of the Driving While Intoxicated (DWI) Selective Traffic Enfomement Project (STEP) in the No. 1061 Police Grants Fund. (Attachment # 13) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October21,2003 Page 5 14. 15.a. 15.b. 16. 17.a. 17.b. 17.c. Resolution authorizing the City Manager or his designee to submit a Coastal Management Grant application to the Coastal Coordination Council in the amount of $15,000 for a feasibility study on Bay Debris Catchment Systems in the stormwater outfalls that are located in the Corpus Christi Marina with a City match of $15,000 from the Marina Fund No. 1058 for a total project cost of $30,000. (Attachment # 14) Resolution authorizing the City Manager or his designee to accept a grant in the amount of $91,523 from the Texas Department of Health to fund the elimination and control of tubemulosis in Nueces County. (Attachment # 15) Ordinance appropriating a grant in the amount of $91,523 from the Texas Department of Health to fund the elimination and control of tuberculosis in Nueces County in the No. 1066 Health Grants Fund. (Attachment # 15) Ordinance abandoning and vacating a 100-square foot portion of a 10-foot wide utility easement in Lot 64, Block 2, Crestmont Unit 10R Subdivision; requiring the owner, Alonzo Cantu, to comply with the specified conditions and replat the property within 180 days at owner's expense. (Attachment # 16) Motion approving the reimbursement application submitted by So- San Corporation, of Kitchner Ontario, Canada, owner and developer of Victoria Park, Units 6 and 7 Subdivisions for the installation of 743 linear feet of a 12-inch PVC water grid main. (Attachment # 17) Ordinance appropriating $22,536.36 from the Water Artedal Transmission and Gdd Main Trust Fund No. 4030-21805 to reimburse the developer for the installation of 743 linear feet of a 12-inch PVC water grid main to develop Victoda Park, Units 6 and 7. (Attachment# 17) Ordinance authorizing the City Manager or his designee to implement the Street Construction Participation Agreement between the City and So-San Corporation in the amount of $11,064.06 for construction of street improvements to Oso Parkway. (Attachment # 17) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October21,2003 Page 6 18. 19. 20. 21. 22. J. 23.a. 23.b. 24. Second Reading Ordinance - Amending the Zoning Ordinance by revising Article 20, "1-2" Light Industrial District regulations by adding Subsection 20-3 Objectionable Use; authorizing storage of explosives used for perforating or fracturing (fracing) oil and gas well casing only upon approval of the Zoning Board of Adjustment and issuance of Federal Explosives Permit and City Fire Marshal Permit. (First Reading - 10/14/03) (Attachment # 18) PRESENTATIONS: Public comment will not be solicited on Presentation items. Work- Fome 1 (No Attachment) Corpus Christi Convention and Visitor's Bureau, Quarterly Update (No Attachment) Neighborhood Initiative Program FY 2003-2004 (Attachment #21) Memorial Coliseum Reuse (No Attachment) PUBLIC HEARINGS: Public hearing to consider abandoning and vacating a 2.656 acre tract of a dedicated 80-foot wide undeveloped public street right- of-way being out of a 5.17 acre road dedication, out of the North one-half of Section 31, Laureles Farm Tracts. (Attachment # 23) Ordinance abandoning and vacating a 2.656 acre tract of a dedicated 80-foot wide undeveloped public street right-of-way being out of a 5.17 acre road dedication, out of the North one-half of Section 31, Laureles Farm Tracts; subject to compliance with the specified conditions. (Attachment # 23) ZONING CASES: Case No. 0903-01, Michael Thomas Yarbrouqh: A change of zoning from an "R-1 B" One-family Dwelling District to at "B-l" Neighborhood Business District on Yarbrough Addition, Lot 1, located west of Airline Road and 285 feet south of Holly Road. (Attachment # 24) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October21,2003 Page 7 Planning Commission and Staff's Recommendation: Approval of the "B-l" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance upon application by Michael Thomas Yarbrough by changing the zoning map in reference to Lot 1, Yarbrough Addition from "R-lB" One-Family Dwelling District to "B-l" Neighborhood Business District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 25. Motion authorizing the City Manager or his designee to negotiate an agreement with the Downtown Management Distdct and other appropriate agencies to jointly fund a professional services contract to develop a master plan element for Shoreline Boulevard and the Bayfront and prepare the necessary agreements and contracts for City Council approval. (Attachment # 25) L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se didge a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espaf~ol en la reunion de la junta pare ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October21,2003 Page 8 26. 27. PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session under Texas Govemment Code Section 551.071 regarding Kourtney Hancock vs. Coca-Cola Enterprises, Inc. and the City of Corpus Chdsti, Cause No. 02-1169-B, 117th District Court, Nueces County, Texas, 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 open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 28. CITY MANAGER'S REPORT CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) * Upcoming Items Agenda Regular Council Meeting O~ober21,2003 Page 9 29. 30. O. MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201Leopard Street, at ~ ~ ~)~*~" p.m.,(~;~-7'~. I'-~ ,2003. Armando Chapa v City Secretary CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) NOTE: The City Council Agenda 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, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. 2003 CITY COUNCIL GOALS AND PRIORITIES Charter Revisions Legislative Agenda Increased CVB funding Trashy Neighborhoods Master Drainage Plan Garwood Water New Funding Sources for Inner City Improvements Improved Permitting Process NEW PRIORITY ISSUES ~ Long-Term Revenue Picture Bond 2004 Downtown Revitalization Skate Park Storm Water Drainage District ADA Compliance Park Master Plan Communication with Other Taxing Entities Review of Sexually Oriented Businesses Ordinance Call Center INEW PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City Council action/implementation plans for the following priorlty Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods ~l~ *Employee Classification Study Ma ster Drainage Plan dl Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements Improve Permitting Process (online / customer service) Padre Island Development Plan Downtown / South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) -- **Road Projects Southside Traffic Plan 2001-2002 CITY COUNCIL GOALS AND PRIORiTY ISSUES I ~CONTINUING PRIORITY ISSUES .Mrport / Seawall / Convenflgn Center / Arena Continue quarterly reporting process for these initiatives. '86 Bond,ls~ue Improvements · Update status on Senior Centers. · Provide communication on completion of these projects (e.g. "Report to the Community"). · Continue community involvement on issues such as Leopard Street improvements. privnflzatlgn / Re-Entiaeerin~, · Clearly define "privafization" and "re-engineering." · Make decisions regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days. · Establish process to identify what services can and cannot be privatized. · Continue focus on park maintenance. Fin#nee · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime Control and Prevention · Continue implementation of thc Community Policing initiative. · Establish date for Crime Control and Prevention District election. · Continue City participation in Youth Opportunities United and other youth crime initiatives. · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees Economic Development $ales Tax · Establish election date. Storm Water Utility · Reconsider implementation plan for a Storm Water Utility. Paegerv Channel · Continue quarterly reports on the progress of the TIF and Beach Restoration Project. L4ndflll · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid waste management system, including privatization. Internot · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online permitting process. · Communicate brush pickup via e-mail. CnBG, · Continue active role. · Lease and complete renovation Annexation Plan · Implement current island annexation plan · Develop and approve ADA Transition Plan within 90 days. Re~listrictine · Develop Council.approved redistrieting plan for the City of Corpus Christi In4u~trial District Contract Review Industrial District contracts and determine date for approval * Staff completes action requests in a timely manner. City / County Health Issues · Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services MarkeOn?. of CC Museunl and Columbus Ships · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Developmem Summit and Post-Summit Meetings Agnee-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/off ramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 14, 2003 - 2:20 p.m. PRESENT Mayor Samuel L. Neal Jr. (arrived at 2:35 p.m.) Mayor Pro Tem Brent Chesney Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Staff.' City Manager George K. Noe Senior Asst. Attorney Doyle Curtis City Secretary Armando Chapa Recording Secretary Rebecca Huerta Mayor Pro Tem Chesney called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Lt. Robert Christian, CHC, USN 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 necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the joint Council meeting and the regular Council meeting of September 30, 2003. A motion was made and passed to approve the minutes as presented. Mayor Pro Tem Chesney deviated from the agenda, and called for consideration of the consent agenda (Items 3-16). City Secretary Chapa announced that Council Member Noyola was abstaining fi.om the vote and discussion on Items 6, 9, 11, 12, 13 and 14. Council members requested that Items 5, 6, and 8 be discussed. City Secretary Chapa noted that Item 14 needed to be amended. There were no comments from the audience. A motion was made and passed to approve Items 3 through 16, constituting the consent agenda, except for Items 5, 6, 8, and 14, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2003-359 Motion approving the purchase of laboratory equipment from Leeds Instruments, Inc., of Irving, Texas in accordance with the State of Texas Cooperative Purchasing Program in the amount of $26,960.60. This equipment will be used by the Health Department. Funds are available fi.om the Health Department Grants Fund No. 1066. The foregoing motion was passed and approved with the following vote: Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Minutes - Regular Council Meeting October 14, 2003 - Page 2 o RESOLUTION NO. 025514 Resolution authorizing the City Manager or his designee to submit a Hazardous Materials Emergency Preparedness Planning Grant application to the Texas Department of Public Safety, Division of Emergency Management in the amount of $22,400 for public awareness brochures; production and broadcast of infomercials; an emergency response drill; and to update the hazardous materials information in the Tier II database, with a city match of $5,600 in the No. 6060 Local Emergency Planning Committee Fund for a total project costs of $28,000. The foregoing resolution was passed and approved with the following vote: Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. ORDINANCE NO. 025515 Ordinance appropriating $500,000 into the Street Capital Improvement Program Fund No. 3530 from the Regional Transportation Authority for the Regional Transportation Authority 2003 Special Projects Program, amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase Fund No. 3530 appropriations by $500,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. 9.a. ORDINANCE NO. 025516 Ordinance authorizing the City Manager or his designee to execute a lease agreement with the United States Postal Service for the operation of United States Postal Services at the Corpus Christi International Airport for an annual rental payment of$13,840 for a period not to exceed twelve months. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained; Neal was absent. 9.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a lease with the United States Postal Service to lease space containing approximately 463 square feet located in the cargo facility for the operation of United States Postal Services in consideration of an annual rental payment of $13,840 for a term of up to fifiy-four months. The foregoing ordinance was passed and approved on its first reading with the following vote: Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained; Neal was absent. Minutes - Regular Council Meeting October 14, 2003 - Page 3 10. 11. 12. 13. ORDINANCE NO. 025517 Ordinance appropriating $491,776.58 in the Airport 2000A Capital Improvement Program Fund No. 3024 from FY 2001-2002 and FY 2002-2003 interest income; transferring $491,776.58 into the Airport 2000A Debt Service Fund No. 4640 for debt service payments on airport improvements; and amending the FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $491,776.58. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. ORDINANCE NO. 025518 Ordinance appropriating $464,312.49 in the Airport 2000B Capital Improvement Program Fund No. 3025 from FY 2001-2002 and FY 2002-2003 interest income; transferring $464,312.49 into the Airport 2000B Debt Service Fund No. 4641 for debt service payments on airport improvements; and amending the FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $464,312.49. (Attachment # 11) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained; Neal was absent. ORDINANCE NO. 025519 ordinance appropriating $508,848 in the Passenger Facility Charge Fund No. 4621 from fund balance; transferring $489,201 into the Airport 2000A Debt Service Fund No. 4640 and $19,647 into the Airport 2000B Debt Service Fund No. 4641 for debt service payments on airport improvements; and amending the FY 2002-2003 Capital Budget adopted by ordinance No. 0251 44 to increase appropriations by $508,848. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained; Neal was absent. ORDINANCE NO. 025520 Ordinance appropriating $5,589 in the Airport Grants Fund No. 1055 for law enforcement training. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained; Neal was absent. Minutes - Regular Council Meeting October 14, 2003 - Page 4 15.a. MOTION NO. 2003-363 Motion authorizing the City Manager or his designee to accept a grant in the amount of $26,597 from the State of Texas, Criminal Justice Division for fourth year funding for the Computer Forensics Specialist Grant and to execute all related documents. The foregoing motion was passed and approved with the following vote: Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. 15.b. ORDINANCE NO. 025522 Ordinance appropriating $26,597 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for fourth year funding for the Computer Forensics Specialist Grant; and appropriating $5,816 from the No. 1061 Law Enforcement Trust Fund as grant matching funds; and transferring $28,225 from the No. 1020 General Fund and appropriating it in the No. 1061 Police Grant Fund as matching grant funds. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Chesney, Colmenero, Cooper, Gan'eR, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. 16. ORDINANCE NO. 025523 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Valero Refining-Texas, L.P. for the fight to install, operate, maintain and remove two (2) - 4" steel pipe casings containing fiber optic conduits, under nine (9) city public street rights-of-way (ROW) as follows: Dunn Meaney Road, 135' south of Up River Road right-of-way; Lantana Road, 114' south of Up River Road right-of-way; McBride Lane, 450' south of Up River Road right-of-way; Up River Road, 40' east of McBride Lane right-of-way; McBride Lane, 135' south of Up River Road right-of-way; Up River Road right-of-way (STA. 105+91); Dunn Lane, 483' south of Up River Road right-of-way; Navigation Boulevard, 354' south of Up River Road right-of-way; Up River Road, 488' southwest of Savage Lane right- of-way; and one 6" steel pipe easing with two fiber optic conduits within the casing, along the Up River Road right- of-way (STA. 67+56.1 to STA. 90+74); establishing a fee of $11,747.70; and requiring Valero Refining-Texas, L.P. to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Mayor Pro Tem Chesney opened discussion on Item 5 regarding a change order with Jalco Incorporated for the North Navigation Boulevard Pumping Plant. Council Member Garrett asked why this change order was necessary. City Engineer Angel Eseobar explained that while crews were in the process of installing a 36-inch water line, it was discovered that there were two dead-end lines Minutes - Regular Council Meeting October 14, 2003 - Page 5 that needed to be connected at Omaha Street in order to facilitate the pressure and the cimulation of the water. He said that the work required a 100ofoot bore under the railroad. Mr. Escobar stated that since the contractor was already working in the vicinity, staff was recommending this change order to allow them to complete the additional work. Council Member Gan'eR expressed his concern that although the city was awarding contracts to the lowest bidder, the Council was later being asked to approve change order after change order that increased costs and consequently negated any real savings. Assistant City Manager Massey replied that the Council was going to see more change orders related to water line work, because staff was closely monitoring the water line system to ensure that there were sufficient connections to enable staff to isolate the system. He said that in most instances, the change orders were a result of staffrequesting additional work. He said that it was less expensive to add work to an existing contract than issue a new contract. Mr. Massey noted that there were limits on how much the city can amend an existing contract, approximately 25 pement under the state's bidding laws. Council Member Garrett emphasized that he would like staffto ensure that any change orders were needed. He also asked staff to try to anticipate the amount and type of work needed before the bid process. City Secretary Chapa polled the Council for their votes as follows: 5. MOTION NO. 2003-360 Motion authorizing the City Manager or his designee to execute Change Order No. 2 with Jalco, Inc., of Houston, Texas in the amount of $53,300 for the North Navigation Boulevard Pumping Plant Contract Three - 36" Diameter Water Transmission Main (North Navigation Boulevard Pumping Plant to Caldwell Sweet Pumping Plant). The foregoing motion was passed and approved with the following vote: Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Mayor Pro Tem Chesney opened discussion on Item 6 regarding an architectural/engineering services contract for the airport terminal project. Council Member Scott asked when all the work on the airport would be completed. Mr. Dave Hamrick, Director of Aviation, replied that the completion date for the work would be delayed because of poor weather. He said that staff anticipated one more week of work to complete the paving and lighting improvements, and an additional few weeks to complete the landscaping in the parking lot. Mr. Kevin Stowers, Assistant Director of Engineering, added that there was additional work planned for the entrance roadway, and the city had received a grant from the state highway department for additional landscape enhancements on Hwy. 44 facing the airport. Mr. Hamrick stated that a realistic completion date for all the work, except the covered parking lot, was the end of January 2004. City Manager Noe added that staff was planning to provide the Council with a briefing on the status of all the airport projects. Minutes - Regular Council Meeting October 14, 2003 - Page 6 City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2003-361 Motion authorizing the City Manager or his designee to execute Amendment No. 16 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc., of Corpus Christi, Texas in the amount of $150,350 for additional construction phase services for the Corpus Christi International Airport Terminal Project. The foregoing motion was passed and approved with the following vote: Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained; Neal was absent. Mayor Pro Tem Chesney opened discussion on Item 8 regarding a change order for a street resurfacing project on Ayers Street and Gollihar Road. Council Member Scott asked if this project was similar to the work that had been done on Alameda Street and Weber Road. City Engineer Escobar replied affirmatively. Council Member Scott replied that he was concerned about the quality of the work that had been completed on Alameda Street, especially between Texan Trail and Doddridge Street. With regard to Weber Road, he said that it was especially bad near McArdle Road. He asked why the streets in question needed to be patched so frequently. Mr. Escobar replied that some of the problems were related to work on utilities that were located underneath the roads. He said that under this change order, the city was replacing the water line on Ayers Street so that there would be no further problems. In addition, he said that on the Gollihar, Ayers, and Up River Road projects, the city was spending a considerable amount on utility work to relocate those water and sewer lines, wherever possible, outside of the paved area. (Mayor Neal arrived at 2:35 p.m.) Council Member Scott asked if staff was addressing the problems with the quality of the work on Alameda Street between Texan Trail and Doddridge, possibly by contacting the contractor. Mr. Escobar replied affirmatively, saying that staff had contacted the contractor on three issues related to the manhole rehabilitations that had been completed. He said that the system was not functioning properly. He stated that the manufacturer of the system had been contacted to repair it. In response to Council Member Scott's additional concerns about the street department's quality of work, City Manager Noe said that the street department was grossly underfunded for street maintenance. He said that if the city wanted the streets to last longer than 10 years, they needed to maintain them on a regular basis, especially arterial streets. At this time, the city did not have the funding stream to complete a street maintenance program. He noted that besides storm drainage, street maintenance was a long-term need that sorely needed to be addressed. Council Member Javier Colmenero asked how staff was going to address the problems on Ayers Street near the Mission Shopping Center. City Engineer Escobar replied that a portion of Ayers Street, from Port/Ayers to Home Road, would be reconstructed and leveled, with new asphalt, new striping and complete manhole adjustments. Council Member Noyola said that he had received many complaints about this area as well. Mr. Escobar added that the city was coordinating its work Minutes - Regular Council Meeting October 14, 2003 - Page 7 on Ayers with TxDOT as part of the Crosstown Expressway extension. Council Member Cooper stated that at yesterday's town hall meeting, complaints about the conditions of the city's street was a frequently raised topic. Ms. Cooper said that the city needed to focus on addressing the street issues for Bond 2004 because the problems were severe and widespread. City Secretary Chapa polled the Council for their votes as follows: 8. MOTION NO. 2003-362 Motion authorizing the City Manager or his designee to execute Change Order No. 3 with King Isles, Inc., of Corpus Christi, Texas in the amount of $667,105.25 for the Street Resurfacing Project on Ayers Street (South Padre Island Drive to Port Avenue); and Gollihar Road (Crosstown to Kostoryz Road). (BOND ISSUE 2000) The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 14 regarding the Airport Capital Reserve fund. City Secretary Chapa stated that this item needed to be amended to read "the FY 2003-2004 Operating Budget adopted by Ordinance No. 025394", rather than "the FY 2002-2003 Capital Budget adopted by Ordinance No. 025144". A motion was made, seconded and passed to amend the ordinance as noted. City Secretary Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 025521 Ordinance appropriating $48,000 in the Airport Capital Reserve Fund No. 4611 from fund balance for vehicles for the airport; and amending the FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 to increase appropriations by $48,000. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Gan'eR, Kelly, and Kinnison, voting "Aye"; Scott was absent; Noyola abstained. Mayor Neal deviated from the agenda and referred to Item 2. appointments were made: The following board Corpus Christi Convention and Visitors Bureau Dave Hamrick (Appointed) Ethics Commission James Cramer (Appointed) Robert Corrigan (Appointed) Joe Gum'nan (Appointed) Sister City Committee Valerie Ballesteros (Reappointed) Hsiu-Jung "Mindy" Chang (Appointed) Amanda Haney (Appointed) Minutes - Regular Council Meeting October 14, 2003 - Page 8 Gloria Perez (Reappointed) Rev. Dr. Raymond Kiser (Reappointed) Mayor Neal deviated from the agenda and referred to Item 19. A motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0603-08, Robert and Dahlia Schulte: A Specific Use Permit for a Bed and Breakfast Home with Special Events on Markamay Estates, Lot 2, located on the west side of Ocean Drive approximately 200 feet south of Hewit Drive. (Tabled on 08/19/03) City Secretary Chapa said the Planning Commission recommended the approval of a Specific Use Permit for a Bed and Breakfast Home with Special Events subject to a site plan and twelve (12) conditions. Mr. Michael Gunning, Director of Planning, stated that this case had been tabled to this date on August 19, 2003. He said that this application was the first received under the new Bed and Breakfast ordinance, which allowed applicants to seek a special events permit under the Special Use Permit section. He noted that the ordinance required that the number of rooms not exceed five persons or ten lodgers, and a list of conditions that had to be met. Mr. Gunning stated that 35 notices had been mailed out to property owners within a 500-foot radius of the property. Of these 35 notices, he said that eight were returned in favor from within this radius, and two in favor from outside the 500-foot radius; and eight notices were returned in opposition within the radius, plus 49 signatures on a petition for residents living outside the 500-foot radius. Mr. Gunning advised the Council that as part of the requirement to act on this case, they needed to make a finding that the special event permit would not adversely affect the uses of the adjacent and neighboring properties, based on the evidence presented by the applicant. He said that the finding would need to be made first as a part of the motion. Council Member Garrett asked about Condition 7 of the Special Use Permit, related to off- site parking. Mr. Gunning explained the only on-site parking allowed was for the owners of the house and the bed and breakfast tenants. All other parking for special events would be required to be valet parking. He understood that the applicant had made an arrangement with a nearby church to use their parking lot for valet parking, provided that there was not conflict with the church's use. Council Member Cooper remarked that she knew of an event that had taken place there this weekend. She thought that the applicant was not allowed to hold any special events until the public hearing and vote today. Mr. Gunning replied that Mr. Schulte said that he had provided a list of events that he had already committed to doing to Code Enforcement. Mr. Gunning stated that he had advised Mr. Schulte not to hold any special events until the issue was resolved. Ms. Cooper stated that she was against the zoning change because she did not believe that the city could ensure that there would be no adverse affect on the adjacent and neighboring Minutes - Regular Council Meeting October 14, 2003 - Page 9 properties if the special use permit was granted. She felt that it was inappropriate to allow for a commercial use in a residential area, regardless of the type of neighborhood. She pointed out that although the Planning Commission had set 12 restrictions on the special use permit to lessen the adverse effect on the neighborhood, she did not think it would be possible for the city to police them on a consistent basis. Mr. Gunning clarified that the Bed and Breakfast permit was not being opposed. The main opposition was to the special events permit. Council Member Kelly asked if the Council could approve the Bed and Breakfast permit without the special events permit. Senior Assistant City Attorney Curtis replied affirmatively. Council Member Chesney asked for a brief history on the case to date. He also asked Mr. Gunning if the Schultes had been notified in writing that they were not to hold any more special events until their case had been heard. Mr. Gunning replied that he had not sent them anything in waiting, but he had spoken to them and had made this point clear. Council Member Chesney asked if they had mentioned any outstanding special events at that time. Mr. Gunning answered that he did not recall any mention of special events. Council Member Noyola asked about Condition 4 regarding the number of special events, which was limited to 40. He commented that this was a fair amount. To address the policing issue, Mr. Noyola suggested that another condition be added to require the applicant to notify Code Enforcement prior to an event. He thought that the Schultes were doing everything possible to abide by the regulations for the permit. He emphasized that the permit was only for a year. He thought that city would benefit from the business that the special events would generate. In conclusion, he said that he supported the Planning Commission's recommendation. In response to Council Member Colmenero's question, Mr. Gunning said that Mr. Schulte felt that the ability to hold special events was an important part of his acquisition of the home. Mr. Colmenero asked how the city was going to handle policing and enforcement of the conditions of the permit if the Council approved the ordinance. Mr. Gunning replied the city relied heavily upon the residents of the neighborhood to inform them when the applicant was out of compliance. He said that he did not anticipate that a code enforcement officer would be present at the site whenever they had an event. He felt that the normal enforcement procedures should be followed for this case. Thus, Mr. Gunning said that an excessive amount of complaints would impact the applicant's ability to renew their permit. Council Member Kelly asked if the property was zoned for the sale or consumption of alcohol. Mr. Gunning replied that the property was zoned for the consumption of alcohol only, not the sale. In response to Mr. Kelly's questions, Senior Assistant City Attorney Curtis explained the findings in more detail. Mayor Neal asked the applicant if he would like to speak. Mr. Bob Wallace, 350 Grant, representing the applicant, pointed out that a land-use statement had been created as a result of conversations with the neighborhood on what types of uses they would support. He said the statements had been signed by many of the neighbors directly adjacent to the property. He remarked that the one-year application was unusual, but his client had asked for one year to prove himself to the community. Minutes - Regular Council Meeting October 14, 2003 - Page 10 Mr. Bob Schulte, the applicant, spoke in defense of his operation. He said that a series of anonymous letters had been distributed to their neighbors making false allegations. He said he and his wife had spent an enormous amount of energy to refute the false claims. He said that he and his wife were committed to running their business in a respectful manner by obeying all necessary regulations. Mayor Neal asked for public comment. Mr. Jack Gordy, 4118 Bray, spoke regarding his concern that there was adequate parking and his contention that Ocean House was behind on its hotel motel taxes. The following individuals spoke against the change in zoning: Ms. Brooke Sween-McGloin, 3301 San Antonio; Ms. Mary Albarado, 3233 Ocean Drive; Dr. Katherine Hirschman, #33 Hewit Drive; Ms. Keleigh Sasser, #45 Hewit Drive; and Mr. Joe Mueller, #39 Hewit Drive. The following individuals spoke in support of the change of zoning: Mr. and Mrs. Dan Kern; Ms. Donna Guzman; Mr. Jess Cole, 4850 S. Oso Parkway; and Mr. Bill Pettus, 102 Alta Plaza. In response to Council Member Scott's question, Mr. Schulte stated that there no deliveries made using the back alley. Council Member Colmenero asked how the limit on the number of events per year (40) had been determined. Mr. Gunning replied that the Schultes had determined the number based on their discussions with their neighborhood residents. A motion was made, seconded and passed to close the public heating. A discussion ensued on how best to make the findings before a motion was made. Council Member Scott asked what staff's recommendation was on this item. Mr. Gunning replied that staff's position was that commercial ventures were inappropriate in a residential neighborhood, because they were difficult to enforce and often had adveme impacts on the neighborhood. City Manager Noe pointed out that this was the first time the ordinance had been implemented in terms of granting a permit. He said that when the ordinance was drafted, the approach was that the findings would be based on the comments from the citizens and the efforts that the applicant would make with his adjoining property owners. Council Member Kelly observed that the property owners immediately adjacent seemed to be in favor of the change, but those properties further removed were opposed. Mayor Neal proposed that the Council first vote on the application for the Bed and Breakfast Home only to see if it would pass. He remarked that most of the opposition was against the special use permit. Mayor Neal made a motion to amend the zoning ordinance to show that the City Council find that the requirements of Sections 25A-1.03 and 25A-3.03 are satisfied and grant a Specific Use Permit (SUP) for a Bed and Breakfast Home on Lot 2, Markamay Estates, subject to a site plan and 8 conditions. Council Member Colmenero seconded the motion. Minutes - Regular Council Meeting October 14, 2003 - Page 11 City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 025524 Amending the Zoning Ordinance, upon application by Robert and Dahlia Schulte, by changing the zoning map in reference to Lot 2, Markamay Estates, (currently zoned "R- 1A" One-Family Dwelling District) by granting a Specific Use Permit for a Bed and Breakfast Home; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper voting "No". Council Member Scott then made a motion to further amend the zoning ordinance to say that the City Council find that the requirements of Sections 25A-1.03 and 25A-4.03 are satisfied and grant a Specific Use Permit (SUP) for a Bed and Breakfast Home with Special Events on Lot 2, Markamay Estates, subject to a site plan and 12 conditions; and subject to the following two additional conditions: 1) applicant must give the city's code enforcement officer 48 hours notice prior to each event; and 2) if any condition is violated, then the SUP can be revoked upon review by the Judge of the Code Enforcement (Environmental) Municipal Court, acting as a hearing officer. The motion to amend was seconded by Council Member Kelly. City Secretary Chapa polled the Council for their votes on the ordinance as amended and stated. The ordinance failed 5-4, with Mr. Garrett, Mr. Kelly, Mr. Noyola, and Mr. Scott casting the dissenting votes. Mayor Neal called for a brief recess. Mayor Neal called for petitions from the audience. Ms. Betty Holt, 237 Lola Johnson Road, spoke regarding lowering the speed limit for Laguna Shores Road. Mayor Neal deviated from the agenda and referred to Item 17. A motion was made, seconded and passed to open the public hearing on the following item: 17.a. Public hearing to consider a text amendment to the Zoning Ordinance related to the "I-2" Light Industrial District by adding Subsection 20-3 Objectionable Use; authorizing storage of explosives used for perforating or fracturing (fracing) oil and gas well casing only upon approval of the Zoning Board of Adjustment and issuance of Federal Explosives Permit and City Fire Marshal Permit. No one spoke in opposition to the text amendment. A motion was made, seconded and passed to close the public hearing. Minutes - Regular Council Meeting October 14, 2003 - Page 12 City Secretary Chapa polled the Council for their votes as follows: 17.b. FIRST READING ORDINANCE Amending the Zoning Ordinance by revising Article 20, "1-2" Light Industrial District regulations by adding Subsection 20-3 Objectionable Use; authorizing storage of explosives used for perforating or fracturing (fi.acing) oil and gas well casing only upon approval of the Zoning Board of Adjustment and issuance of Federal Explosives Permit and City Fire Marshal Permit. Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following item: 18.a. Public hearing to receive input concerning the adoption of an ordinance to participate in the Texas Enterprise Zone Program as amended by the 78th Texas Legislative Session and to consider and nominate CITGO Refining and Chemicals Company, L.P. to the Office of the Governor Economic Development and Tourism as a Texas Enterprise Zone Project. Mr. Mark McDaniel, Executive Director of Support Services, explained that this item provided for the nomination of the new $458 million Clean Fuel Project by CITGO, beginning in 2004. He said that since the project was above $250 million and expected to retain 500 jobs, the project was eligible for a Triple Jumbo designation, which tripled the award or rebate for sales use taxes. Mr. McDaniel stated that the city was eligible, under its Enterprise program, for six projects per biennium. He said that the Triple Jumbo would use three of these six allocations. He said that staff was recommending the passage of the ordinance in the next item. He introduced Ms. Karen Richmond, residing at 1343 Spyglass in Austin, TX and representing CITGO, to provide more information on the project. Council Member Kinnison commented that it did not appear that these rebates would have any detrimental effect on the city's revenues. Mr. McDaniel replied affirmatively, saying that the project would add value to CITGO's property, allowing the city to increase its revenues. Mr. Jesse Garcia with CITGO thanked the Council for their consideration and support. Minutes - Regular Council Meeting October 14, 2003 - Page 13 A motion was made, seconded and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows: 18.b. ORDINANCE NO. 025513 Ordinance authorizing the City of Corpus Christi to participate in the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (Act); providing tax incentives; requesting that Corpus Christi 2000 Enterprise Zone remain in effect; nominating CITGO Refining and Chemicals Company, L.P. to the Office of the Governor Economic Development and Tourism (EDT) through the Economic Development Bank (Bank) for designation as a Qualified Business and Triple Jumbo Enterprise Project (Project) under the Act; and designating a liaison for overseeing Enterprise Projects and communicating with interested parties. 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". Mayor Neal deviated from the agenda and referred to Item 20. He noted that this item had been withdrawn by the applicant. Council Member Noyola asked when the applicant could reapply. City Manager Noe replied that there was a one-year prohibition before the applicant could reapply. 20. WITHDRAWN Mayor Neal opened discussion on Item 22 regarding contracts for artwork to be installed in the convention center and arena area. Mr. David Ondrias, Acting Director of Park and Recreation, explained that staff was asking the Council to allow the City Manager to execute a contract with the artists for the five pieces of artwork. Mayor Neal asked if there had been any substantial changes to this item since the last time the Council had considered it. Ms. Linda Hodge, Assistant Director of Programs, responded negatively. Council Member Kinnison asked if the city had any kind of security if an artist were to die and thus be unable to complete the work as promised after receiving payment. Ms. Elizabeth Hundley, Assistant City Attomey, replied that since there was no specific performance a court could award, it would be considered a breach of contract against the estate. There were no comments from the audience. Minutes - Regular Council Meeting October 14, 2003 - Page 14 City Secretary Chapa polled the Council for their votes as follows: 22.a. MOTION NO. 2003-364 Motion authorizing the City Manager or his designee to execute a contract in the amount of $60,000 with Michael Manjarris for the complete development and installation of six works of art; including the design and fabrication of the art piece "Aztlan". The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 22.b. MOTIONNO. 2003-365 Motion authorizing the City Manager or his designee to execute a contract in the amount of $225,000 with James Surls for the design and fabrication of the art piece "Six and Seven Flowers". The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 22.c. MOTION NO. 2003-366 Motion authorizing the City Manager or his designee to execute a contract in the amount of $50,000 with Mel Chin for the design, fabrication and installation of the art piece "Untitled History". The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 22.d. MOTIONNO. 2003-367 Motion authorizing the City Manager or his designee to execute a contract in the amount of $90,000 with Luis Jimenez for the design and fabrication of the art piece "Southwest Pieta". The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 22.e. MOTIONNO. 2003-368 Motion authorizing the City Manager or his designee to execute a contract in the amount of $25,000 with Charmaine Locke for the design, fabrication and installation of the art piece "Open Book". The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting October 14, 2003 - Page 15 Mayor Neal opened discussion on Item 23 regarding the management services for the Bayfront Plaza Convention Center. City Manager Noe stated that this item was the culmination of an extended dialogue with SMG, Inc. related to the assumption of responsibility for the operation of the convention center. He asked Assistant City Manager Jorge Cruz-Aedo to make a presentation on this item. Assistant City Manager Cruz-Aedo explained that this was the first amendment to the Pre- Opening Services and Management Agreement for the arena between the city and SMG, Inc. He reminded the Council that an outside consultant had recommended an external manager concept for the arena operations in 2000. In 2002, he said that the Council had approved the SMG contract as the manager for the arena. Mr. Cruz-Aedo highlighted the following amendment points: adds convention center to contract; five-year contract, beginning on January 1, 2004; all employees currently working for the convention center have jobs guaranteed with SMG; comparable pay and a comprehensive benefits plan; and management fee with incentives. Mr. Cruz-Aedo further said that employees who did not want to work for SMG would have the opportunity to apply with the city in a comparable position. Council Member Garrett asked if the employees would be eligible for the city's benefit package. Mr. Cruz-Aedo replied that SMG would not be able to exactly match the city's benefits plan since they are a private-sector employer. However, he said that they would provide a private-sector benefits package. Mr. Garrett asked ifstaffhad spoken with the convention center employees. Mr. Cruz-Aedo replied that they have spoken with employees twice, a year ago and about a week ago. Mr. Garrett said several long-time city employees were nervous about the change in management. He asked staff to make every effort to take care of these employees. Mr. Cmz-Aedo said current employees would be given a choice on what they would like to do, based on their unique circumstances and needs. He stated that whichever decision they made, they would have a job. City Manager Noe added that staff's commitment to the employees was not just that SMG would have a place for them. He said that staff's commitment was to provide current employees with a job in another department at their current rate of pay, if they chose not to work for SMG. Mr. Cruz-Aedo reviewed the following management benefits that SMG would provide: national management team; one event schedule; facility/resource sharing; site flexibility; and the facilities (Selena Auditorium, Arena and Convention Center) support each other. With regard to economic benefits, Mr. Cruz-Aedo discussed the following: cost savings - labor (10-30 percent savings, equipment and lower overhead; enhanced revenue - national marketing, optimum bookings, concentrated focus; and national resource support. In conclusion, Mr. Cruz-Aedo said that SMG was an industry specialist. They offered corporate sales support and services and had national management bench strength. Finally, he said that staff was recommending approval of the amendment to the SMG contract that would add the convention center to the arena. Council Member Kinnison asked how SMG and the Convention and Visitors Bureau (CVB) were going to coordinate their efforts when booking events. Mr. Cruz-Aedo replied that the arena Minutes - Regular Council Meeting October 14, 2003 -Page 16 General Manager has been working with the CVB to coordinate their efforts. He said that their efforts were going to be enhanced by SMG's national network, and would complement the CVB's efforts. Mayor Neal asked for public comment on this item. Mr. Tim Lyons with B&T Rents, 1321 S. Staples, presented a petition and additional information for the Council's review. He was against accepting SMG as the management company for the Bayfront Convention Center because he was concerned for the jobs of the current employees, in addition to a loss of local business. Mr. Joe Romano, Regional Vice-President for SMG, spoke in defense of his company, saying that SMG did not make a practice of firing employees six months after they were hired without cause. He said that the additional information Mr. Lyons had furnished on the SMG operation in Beaumont, TX was misleading. City Manager Noe added that SMG was the city's agent, and would run the facilities as the city wished. He said that any change in policy would be subject to the city's approval. He said no one was suggesting that the current convention center staff had done a poor job. He said the difficulty arose when there was potential for excessive duplication of efforts between the two facilities if they were to be managed separately. He said it would be more efficient and more cost- effective to run under one management structure and one system. Several council members expressed concern about the process used to obtain the signatures on the petition. Council Member Colmenero asked ifSMG was committed to using local businesses. Mr. Romano stated that the key to SMG's success was doing business locally and hiring locally wherever possible. He said that all of SMG's acquisitions, contxactors and subcontractors ultimately would require the approval of the client, the city. He said that SMG was not at liberty to make major policy changes without the city's approval. He said SMG must comply with all city rules and regulations, just like any other city department. Cecilia with Carousel Catering spoke in support of the current Convention Center management and expressed her concerns about SMG using local businesses. The following convention center employees spoke regarding their employment status: Mr. Armando Ortiz, 905 Lexington; Mr. Alfred Gomez, 1217 Melbourne; and Mr. Ed Salazar, 4438 Willow Street. In response to Mr. Ortiz's question, City Manager Noe said if the Council were to approve the amendment to the contract to include the convention center, then staff would speak with those employees who did not choose to work for SMG tomorrow to match them with a position in the city. He said the jobs would have equal pay. Capt. Dan Daniels, 1418 Miami, said he was a producer of trade shows and would not work with SMG if they did not allow him to chose his own vendors. Ms. Terd Cardona, 4653 Sheffield, spoke regarding her concerns that other local businesses would not want to work with SMG and vice versa. Mr. Larry Cashion with Carousel Catering, spoke regarding his concerns that SMG would not use local businesses. In response to Council Member Chesney's question, Mr. Romano said that SMG would not enforce an exclusivity contract unless the city wanted it. He said that the city had made it clear they wanted SMG to use local vendors. City Manager Noe added that in certain instances, e.g. naming rights or soft drinks, the city would allow exclusivity contracts but not for all types of businesses. Council Member Noyola asked staff to make every effort to make the employees comfortable Minutes - Regular Council Meeting October 14, 2003 - Page 17 during this uncertain time. Council Member Kinnison remarked that an outside consulting firm had provided a report on the many advantages the city would obtain as a result of moving to private management. Council Member Cooper emphasized that the only way SMG could enforce an exclusivity contract was if the Council allowed it. She asked ifa city employee who goes to work for SMG and decides that they do not like it would be given priority if they choose to return to the city. City Manager Noe said that he would look into it. City Secretary Chapa polled the Council for their votes as follows: 19. MOTION NO. 2003-369 Motion authorizing the City Manager or his designee to execute a First Amendment to the Pre-Opening Services and Management Agreement for the Corpus Christi Multi-Purpose Arena between the City of Corpus Christi and SMG, Inc., of Philadelphia, Pennsylvania to include the addition of management services for the Bayfi.ont Plaza Convention Center beginning January 1, 2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 24 regarding the architectural and project management services contracts for the baseball stadium. City Manager Noe said the fees had been negotiated for the full project. He said the city was at a point where they did not want to move too quickly by spending dollars before a baseball team was finally secured. However, he said that approving these projects now would enable the city to move forward with the project on schedule for the 2005 season. He stated staff had gone through the usual RFP process to decide on these firms, and that the Ryans concurred with the choices. Mayor Neal asked for public comment. Mr. Jack Gordy, 4118 Bray, said that he understood that no money would be spent on the stadium until a team was secured. City Manager Noe clarified that the ballot language said that there would be no monies spent on construction until a team was secured. He added that the contracts authorized expenditures up to a certain amount for services. He said it was very clear that if at any point, the city elected to stop moving forward on the project, they would pay only for expenditures up to that point. He said this was a standard termination clause in the contract. Council Member Scott spoke in support of IlKS, Inc. for architectural services, saying that they had completed work on major league facilities across the nation. Council Member Noyola and Council Member Kelly both expressed concern that the city was spending money on the stadium without first obtaining a team, because they understood that the city had stated that this would not occur. City Manager Noe said that he would provide copies of the ordinance along with legal opinions fi.om both the city attorney and bond counsel to demonstrate that the city could sign these contracts. Council Member Kelly asked what would happen if the city waited two to four weeks until the Ryans were anticipated to make their announcement about a team. City Manager Noe replied that if we waited, we would not make the 2005 season. Minutes - Regular Council Meeting October 14, 2003 - Page 18 City Secretary Chapa polled the Council for their votes as follows: 24.a. MOTION NO. 2003-370 Motion authorizing the City Manager or his designee to execute an architectural services contract with HKS, Inc., of Dallas, Texas in an amount not to exceed $1,240,000 for the Professional Minor League Baseball Stadium. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 24.b. MOTIONNO. 2003-371 Motion authorizing the City Manager or his designee to execute a Project Management Services Contract with Anderson Group Construction Management, Inc., of Corpus Christi, Texas in an amount not to exceed $475,175 for the Professional Minor League Baseball Stadium. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". City Manager Noe stated that the Neighborhood Initiative Program presentation could be rescheduled due to the late hour. The Council concurred. Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 25. 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 open session. The Council went into executive session. The Council returned from executive session. Mayor Neal called for the City Manager's report. City Manager Noe provided a copy of the CIP map for the last three years. He also provided a memo on the status of the Downtown Management District. He said in light of the continued precipitation, both reservoirs were at overcapacity and would require more releases into the river systems. The consequence would be more crests and more flooding in our area. He said that staff was working with the county to inform residents. On the agenda for October 21, City Manager Noe said there would be presentations fi'om the CVB, Workforee One, and a discussion on storm water capital projects and funding. Mayor Neal added that there would also be an item from the Downtown Management District, city and port study Minutes - Regular Council Meeting October 14, 2003 - Page 19 on the bayfront master plan. City Manager Noe said that staffwas working on cost estimates for this project. Mayor Neal announced that the State of the City address would take place on October 15 at 11:30 a.m. in the Solomon Ortiz Center. Mayor Neal called for Council concerns and reports. Council Member Chesney announced that a roast for Council Member Henry Garrett would be held on November 12, and he asked everyone to provide him with anecdotes. He also said he had received a call about a flooding problem on Ennis Joslin near McArdle. He congratulated Council Member Noyola and his wife on the birth of their twin daughters, Vanessa and Vivien. He also wished his wife a happy anniversary. He asked for a status report on the "B-2A" zoning on the island. In addition, he asked for information on the water main break that he had brought up earlier. Finally, he asked for a copy of the traffic plans for the proposed greenbelt. Council Member Noyola paid his respects to the family of Mr. Mike Zepeda, who had passed away recently. He thanked his wife's medical staff for their work in delivering his daughters. He asked about utility poles near Tiger Lane and Carroll Lane that were not lighted. He also said he had received constituent complaints about Angela Street. He asked if there were any plans to change the name of the Selena Auditorium, and was told that there were none. He also asked staff to inform the public about the new name for the Neighborhood Services department. Council Member Kelly congratulated the Corpus Christi Ballet on their participation in the Bailando en Aire Libre program. He said that he had received a request for funding from the Cub Scouts to initiate in-school packs in the west and north sides of the city, and he asked staff for assistance. Council Member Scott congratulated Mr. Noyola on the birth of his daughters. He thanked staff for attending the town hall meeting last night, and asked them to follow-up on the list of issues raised at the meeting. Council Member Garrett spoke regarding a constituent complaint about the condition of the city's impound lot. City Manager Noe replied that he would provide a report on options to improve the impound lot. Mr. Garrett also congratulated the Noyolas. Council Member Kinnison congratulated the Noyolas and gave his condolences to the Zepeda family. He thanked TxDOT for addressing problems on 2444 with a new project to widen the roads. Council Member Colmenero congratulated the Noyolas and gave his condolences to the Zepeda family. He asked about severe flooding taking place around Trenton Street near the H.E.B. Tennis Center. He asked if staff would prioritize the needs in this area. In response to Mayor Neal's question, City Secretary Chapa said that he had asked the Council to consider attending the next Sister City trip to Japan, which would take place from November 23-25, 2003. Minutes - Regular Council Meeting October 14, 2003 - Page 20 There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 8:35 p.m. on October 14, 2003. 2 I CITY COUNCIL AGENDA MEMORANDUM I I City Council Action Date: __10-214)3 AGENDA ITEM: Item A: Ordinance appropriating $7,500 from the Chamber of Commerce Foundation in the No. 1067 Park and Rec. Grants fund for the funding of data collection and analysis activities at the Juvenile Assessment Center. 18SUE: In order to further develop and maintain the accountability-based sanction of court- ordered case management for municipal-level juvenile offenders, the Juvenile Assessment Center needs assistance with data collection and analysis. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to appropriate these funds. PREVIOUS COUNCIL ACTION: Council appropriated the grant funds for FY 2003. FUNDING: This is grant money from the Chamber of Commerce Foundation. CONCLUSION AND RECOMMENDATION: Staff recommends that the Council pass an ordinance authorizing the City Manager or his designee to appropriate funds from the Chamber of Commerce Foundation. David Ondrias Acting Director, Park and Recreation Attachments: 'Exhibit A' - Background Information 'Exhibit B' - Contract With Chamber of Commerce Foundation BACKGROUNDINFORMA~ON The Chamber of Commerce Foundation has received a Juvenile Accountability Incentive Block Grant, part of which is for the purpose of assisting the Juvenile Assessment Center in the development of accountability-based sanctions for at-risk youth. The City of Corpus Christi has therefore entered into a contract with the Chamber of Commerce Foundation to enhance data collection and analysis at the Center with $7)500 of this grant. This money for data collection is what enables us to provide the community with reports like the Juvenile Assessment Center FY 2003 Annual Report, which contain the information needed for community planning for youth across this community. Consultant & Professional Services Contract (Contract between Grantee and Third Party) GRANT NUMBER: JB-02-J20-16050-03 GRANTEE: Corpus Christi Chamber of Commerce Foundation GRANT PERIOD: 08/01/2003-07/31/2004 TITLE: Comprehensive Strategy YEARS FUNDED: 1 Development Program PROGRAM FUND: JB-Juvenile Accountability Incentive Block Grant POSITION TITLE: N/A (Professional Contract) SERVICE PROVIDER: City of Corpus Christi 1. This contract is by and between Corpus Christi Chamber of Commerce Foundation, Corpus Christi, Texas, GRANTEE AGENCY and the City of Corpus Christi, SERVICE PROVIDER and in aid of CJD Grant No. JB-02-J20-16050-03. It is understood by all parties that payment obligations created by this contract are conditioned upon the availability of State or Federal funds appropriated or allocated for the payment of such obligations. The term of this contract shall commence on August 1, 2003, and shall end on July 31, 2004, unless extended or terminated as otherwise provided for in this contract. 2. The GRANTEE AGENCY is responsible for closely monitoring the SERVICE PROVIDER and the exercise of reasonable care to enforce all terms and conditions of the grant. SERVICE PROVIDER agrees to fully cooperate in the monitoring process. 3. Requirements of the Uniform Grant Management Standards CLIGMS) promulgated pursuant to Section 783, of the Govemment Code are adopted by reference as part of this contract, including the contract provision as in Section 36, Common Rule of OMB, of the above standards. The GRANTEE AGENCY SHALL: (Check one) X keep all project records, except those related to the services to be provided by the SERVICE PROVIDER. assist the SERVICE PROVIDER to establish a set of records that comply with the requirements of the grant and periodically inspect such records to ensure that they are properly kept. Records shall be retained for at least THREE (3) YEARS following the closure of the most recent audit report and until any outstanding litigation, audit or claim has been resolved. Records are subject to inspection by CJD, or any state or federal agency authorized to inspect the same. 4. The SERVICE PROVIDER will furnish the following: (Describe in detail) Page 1 of 3 SERVICE PROVIDER agrees to provide the following services in connection with said grant: Providing assistance to the Juvenile Assessment Center in developing and administering accountability-based sanctions for juvenile offenders with municipal-level violations. Providing networking opportunities to develop and administer accountability-based sanctions for juvenile offenders through the coordination of community plans. 5. Payment for the above will not exceed $7,500. Billing for the above will be provided in the same manner as it would be provided to institutional purchasers in the absence of a grant and shall consist of a brief statement of the service or other item provided and the basis for the billing rate. In the event of a default of the SERVICE PROVIDER, the GRANTEE AGENCY may cancel or suspend the contract and the SERVICE PROVIDER shall be entitled to recover for all services provided or materials delivered prior to the cancellation date (or unused materials may be returned) or shall repay any funds advanced for services not yet rendered. All licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable state and federal laws and local ordinances must be complied with by the SERVICE PROVIDER. Failure to comply with this requirement shall be treated as a default. This contract shall automatically terminate on the grant expiration date or any extension date thereof granted by CJD or upon termination of the underlying grant by CJD. All services billed hereunder must be rendered within the grant period. 10. If GRANTEE AGENCY fails to pay when due any of the payments required herein, the SERVICE PROVIDER shall be immediately and automatically released of any obligations under this contract. $ign~Isr~ of Authorized Otfficial Date I t Signature of A~thorized Official Date Carol Scott, President Name & Title (please print or type) David Ondrias, Acting Director, Park & Recreation Name & Title (please print or Ope) Corpus Christi Chamber of Commerce Foundation Name of Grantee Agency 1201 N, Shoreline Boulevard City of Corous Christi Name of Service Provider P.O. Box 9277 Page 2 of 3 Address (street or post office box) Corpus Christi, Texas 78401 City, State, Zip 361-881-1800 Telephone # (include area code) Address (street or post office box) Corpus Christi, Texas 78469-9277 City, State, Zip 361-880-3464 Telephone # (include area code) Page 3 of 3 ORDINANCE APPROPRIATING $7,500 FROM THE CHAMBER OF COMMERCE FOUNDATION IN THE NO. 1067 PARK AND RECREATION GRANTS FUND FOR THE FUNDING OF DATA COLLECTION AND ANALYSIS ACTIVITIES AT THE JUVENILE ASSESSMENT CENTER; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $7,500 grant from the Chamber of Commerce Foundation is appropriated in the No. 1067 Park and Recreation Grants Fund for the funding of data collection and analysis at the Juvenile Assessment Center. 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 25, 2003 Lisa Aguilar LP Assistant City Attorney for City Attorney 3 AGENDA MEMORANDUM DATE: October 21,2003 SUBJECT: Oso Water Reclamation Plant Aeration (East) Basins Structural Improvements (Project #7270) AGENDAITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Elite Construction of Corpus Christi, Texas in the amount of $130,000 for Oso Water Reclamation Plant Aeration (East) Basins Structural Improvements (Project 7270). ISSUE: This project consists of structural improvements to existing catwalks for the east plant aeration basins and aerobic digester No. 4. FUNDING: Funds for this project are available in the Wastewater Department's FY 2002- 2003 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented so a construction contract may be issued and necessary structural improvements may begin. ~-~ Foster C_~owell Director of Wastewater /f~ngel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tab Summary Exhibit "D" Location Map BACKGROUNDINFORMATION SUBJECT: Oso Water Reclamation Plant Aeration Basins Structural Improvements (Project No. 7270) PRIOR COUNCIL ACTION: 1. January 15, 2002 - Ordinance approving the FY 2001-2002 Capital Budget (Ordinance No. 024730). 2. December 10, 2002 - First Reading Ordinance approving the FY 2002-2003 Capital Budget in the amount of $229,913,200. 3. December 17, 2002 - Motion authorizing the City Manager, or his designee to execute an engineering agreement with LNV Engineering in the amount of $55,300 for Phase 1 of the Oso Water Reclamation Plant Aeration Basins Structural Improvements. (Project No. 7270) PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. I to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: Nothing Anticipated. PROJECT BACKGROUND: On December 17, 2002, the City of Corpus Christi entered into a contract with LNV Engineering for the Oso Water Reclamation Plant Structural and Process Improvements. The treatment process at the Oso Water Reclamation Plant relies on major equipment which must be rehabilitated or replaced to protect against service interruptions, plant overloading, permit violations, and to increase efficiency. This project will be accomplished in three phases as follows: EXHIBIT "A" Page 1 of 2 H:~HOME\LYNDAS\GEN~Wastewater~OSO PLANT~7270 - Aeration Basins Structural Imp~AGENDA BACKGROUND doc Phase 1 - Aeration Basins Structural Improvements Phase 2 - Ciarifier 2, 3, 4 Improvements Phase 3 - Oso Water Reclamation Plant Process Evaluation Phase 1 of this project consists of structural improvements to existing catwalks for the east plant aeration basins and aerobic digester No. 4. The catwalk structures serve two basic purposes. First, they serve as the steel tube air distribution bridges that feed the air drops. Second, they act as walkway structures which span the length of the basins for personnel use. The east plant aeration basin catwalk structures have been in service approximately twenty-five years. Due to the steel tube column supports being submerged in the basin wastewater, the columns show signs of heavy corrosion near the waterline or an area defined as the "splash zone". The corrosion exhibited on the existing four (4) inch steel tube columns has created a potentially unsafe structure for personal use. BID INFORMATION: The project consists of three (3) equivalent alternative base bids. · Base Bid A consists of furnishing and installing 84 each steel columns (W6x25). · Base Bid B consists of furnishing and installing 42 each steel single-column T- supports (W10x39). · Base Bid C consists of furnishing and installing 42 each by 30 feet long steel beams (W18x31). On October 1, 2003, nine (9) proposals were received. The range bids for the chosen Alternative Base Bid B were $130,000 to $257,000. Base Bid B consists of placing a T- support near each existing support. The steel beams and columns to be installed are hot- dip galvanized W10×39 members. Base Bid B allows for the ability to adjust the height of the column while working over wastewater. The installation of the T-Supports in the aeration basins and Aerobic Digester No. 4 will not disrupt plant operations. This recommended option is the best solution considering the inability to isolate the aeration basins and completely draw down the wastewater for permanent installation. The Engineer's estimated construction cost for the project is $229,073. Elite Construction of Corpus Christi, Texas was the lowest responsive bidder. The City's Consultant, LNV Engineering, Inc. and city staff, recommend that based on Iow bid and past satisfactory experience, a construction contract be awarded in the amount of $130,000 to Elite Construction of Corpus Christi, Texas for Base Bid B for the Oso Water Reclamation Plant Aeration Basins Structural Improvements (Project No. 7270) CONTRACT TERMS: The contract specifies that the project will be completed in 90 calendar days, with completion anticipated by the end of February 2004. EXHIBIT "A" Page 2 of 2 OSO WATER RECLAMATION PLANT STRUCTURE/PROCESS IMPROVEMENTS (Project No. 7270) PROJECT BUDGET October 21, 2003 FUNDS AVAILABLE: Wastewater CIP .............................................................................................. $210,200.00 FUNDS REQUIRED: Construction (Elite Construction) ......................................................................... $130,000.00 Contingencies .................................................................................................. 13,000.00 Consultant (LNV Engineering) ............................................................................ 55,300.00 Engineering Reimbursement ............................................................ 3,900.00 Finance Reimbursement .................................................................... 1,300.00 Construction Inspection Activity ........................................................................... 5,200.00 Incidentals (Printing, Advertising, Aerial Photo) ....................................................... 1,500.00 Total ............................................................................................................. $210,200.00 EXHIBIT "B" Page 1 of 1 TABULATION OF BIDS Page 1 of 9 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services DATE: October 1, 2003 TIME OF COMPLETION: 90 Calendar Days ENGINEER'S ESTIMATE: (A) $234,100.00 (B) $229,073.00 (C) $238,040.00 Oso Water Reclamation Plant Elite Construction Progressive Structures H&S Constructors Aeration Basins Structural Improvements 5414 Pressler P.O. Box 270713 P.O. Box 9014 Project 7270 Corpus Christi, TX 78413 Corpus Christi, Texas 78427 Corpus Christi, TX 78469 DESCRIPTION QTY. UNIT UNTT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID A: Base Bid A consists of the installation of 84 steel columns to be placed as shown on drawings sheet no. 7-8, 1. - and in accordance with plans and on all specifications and includes all necessary material, labor and equipment. Also includes minor adjustments in order to transfer all dead loads to new columns, any field fits as necessary in order to complete all work as stipulated, complete in place per lump sum. 1 LS $153,000.00 $153,000.00 $203,998.00 $203,998.00 $249,540.00 $249,540.00 TOTAL BASE BID A: $153,000.00 $203,998.00 $249,540.00 TABULATION OF BIDS Page 2 of 9 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: -Angel R. Escobar, P.E., Director of Engineering Services DATE: October 1, 2003 TINE OF COMPLETION: 90 Calendar Days ENGINEER'S ESTIMATE: (A) $234,100.00 (B) $229,073.00 (C) $238,040.00 Oso Water Reclamation Plant Elite Construction Progressive Structures HSS Constructors Aeration Basins Structural Improvements 5414 Pressler P.O. Box 270713 P.O. Box 9014 Corpus Christi, TX 78413 Corpus Christi, Texas 78427 Corpus Christi, TX 78469 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID B: Base Bid B consists of the installation of 42 single column T -supports to be placed as shown on drawings sheet no. 9-10, 1. and in accordance with plans and on all specifications and includes all necessary material, labor and equipment. Also includes minor adjustments in order to transfer all dead loads to new columns, any field fits as necessary in order to complete all work as stipulated, complete in place per lump sum. 1 LS $130,000.00 $130,000.00 $176,998.00 $176,998.00 $205,075.00 $205,075.00 TOTAL BASE BID B: $130,000.00 $176,998.00 $205,075.00 TABULATION OF BIDS Page 3 of 9 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services DATE: October 1, 2003 TIME OF COMPLETION: 90 Calendar Days ENGINEER'S ESTIMATE: (A) $234,100.00 (B) $229,073.00 (C) $238,040.00 Oso Water Reclamation Plant Elite Construction Progressive Structures H&S Constructors Aeration Basins Structural Improvements 5414 Pressler P.O. Box 270713 P.O. Box 9014 Corpus Christi, TX 78413 Corpus Christi, Texas 78427 Corpus Christi, TX 78469 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID C: Base Bid C consists of the installation of 42 thirty (30) foot beams to be placed as shown on drawings sheet no. 11-12, 1. and in accordance with plans and on all specifications and includes all necessary material, labor and equipment. Also includes minor adjustments in order to transfer all dead loads to new columns, any field fits as necessary in order to complete all work as stipulated, complete in place per lump Sum. 1 LS $300,000.00 $300,000.00 $137,722.00 $137,722.00 $139,000.00 $139,000.00 TOTAL BASE BID C: $130,000.00 $137,722.00 $139,000.00 TABULATION OF BIDS Page 4 of 9 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: -Angel R. Escobar, P.E., Director of Engineering Services DATE: October 1, 2003 TIME OF COMPLETION: 90 Calendar Days ENGINEER'S ESTIMATE: (A) $234,100.00 (B) $229,073.00 (C) $238,040.00 Oso Water Reclamation Plant R.S. BlackTank Builders DMB Construction Aeration Basins Structural Improvements P.O. Box 6385 P.O. Box 1527 P.O. Box 71118 Corpus Christi, TX 78466 Euless, TX 76039 Corpus Christi, TX 78467 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID A: Base Bid A consists of the installation of 84 steel columns to be placed as shown on drawings sheet no. 7-8, 1. and in accordance with plans and on all specifications and includes all necessary material, labor and equipment. Also includes minor adjustments in order to transfer all dead loads to new columns, any field fits as necessary in order to complete all work as stipulated, complete in place per lump sum. 1 LS $157,500.00 $157,500.00 NO BID NO BID $228,437.00 $228,437.00 TOTAL BASE BID A: $157,500.00 NO BID $228,437.00 TABULATION OF BIDS Page 5 of 9 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: -Angel R. Escobar, P.E., Director of Engineering Services DATE: October 1, 2003 TIME OF COMPLETION: 90 Calendar Days ENGINEER'S ESTIMATE: (A) $234,100.00 (B) $229,073.00 (C) $238,040.00 Oso Water Reclamation Plant R.S. Black Tank Builders DMB Construction Aeration Basins Structural ImprovementsP.O. Box 6385 P.O. Box 1527 P.O. Box 71118 Corpus Christi, TX 78466 Euless, TX 76039 Corpus Christi, TX 78467 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID B• Base Bid B consists of the installation of 42 single column T -supports to be placed as shown on drawings sheet no. 9-10, 1. and in accordance with plans and on all specifications and includes all necessary material, labor and equipment. Also includes minor adjustments in order to transfer all dead loads to new columns, any field fits as necessary in order to complete all work as stipulated, complete in place per lump sum. 1 LS $144,800.00 $144,800.00 NO BID NO BID $215,862.00 $215,862.00 TOTAL BASE BID B: $144,800.00 NO BID $215,862.00 TABULATION OF BIDS Page 6 of 9 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY. -Angel R. Escobar, P.E., Director of Engineering Services DATE: October 1, 2003 TINE OF COMPLETION: 90 Calendar Days ENGINEER'S ESTIMATE: (A) $234,100.00 (B) $229,073.00 (C) $238,040.00 Oso Water Reclamation Plant R.S. BlackTank Builders DMB Construction Aeration Basins Structural Improvements P.O. Box 6385 P.O. Box 1527 P.O. Box 71118 Corpus Christi, TX 78466 Euless, TX 76039 Corpus Christi, TX 78467 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID C: Base Bid C consists of the installation of 42 thirty (30) foot beams to be placed as shown on drawings sheet no. 11-12, 1. and in accordance with plans and on all specifications and includes all necessary material, labor and equipment. Also includes minor adjustments in order to transfer all dead loads to new columns, any field fits as necessary in order to complete all work as stipulated, complete in place per lump sum. 1 LS NO BID NO BID $195,000.00 $195,000.00 $221,578.00 $221,578.00 TOTAL BASE BID C: NO BID $195,000.00 $221,578.00 TABULATION OF BIDS Page 7 of 9 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: -Angel R. Escobar, P.E., Director of Engineering Services DATE: October 1, 2003 TIME OF COMPLETION: 90 Calendar Days ENGINEER'S ESTIMATE: (A) $234,100.00 (B) $229,073.00 (C) $235,040.00 Lambda Construction Laughlin -Thyssen, Inc. Oso Water Reclamation Plant Ray's Welding Service Aeration Basins Structural Improvements 5446 Leopard Street 211 Jesse's Circle 1320 Boyles Street Corpus Christi, TX 78408 New Braunfels, TX 78132 Houston, TX 77020 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID A: Base Bid A consists of the installation of 84 steel columns to be placed as shown on drawings sheet no. 7-8, 1. and in accordance with plans and on all specifications and includes all necessary material, labor and equipment. Also includes minor adjustments in order to transfer all dead loads to new columns, any field fits as necessary in order to complete all work as stipulated, complete in place per lump sum. 1 LS $233,099.00 $233,099.00 $237,000.00 $237,000.00 $254,750.00 $254,750.00 TOTAL BASE BID A: $233,099.00 $237,000.00 $254,750.00 TABULATION OF BIDS Page 8 of 9 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: -Angel R. Escobar, P.E., Director of Engineering Services DATE: October 1, 2003 TIME OF COMPLETION: 90 Calendar Days ENGINEER'S ESTIMATE: (A) $234,100.00 (B) $229,073.00 (C) $238,040.00 Oso Water Reclamation Plant Ray's Welding Service Lambda Construction Aeration Basins Structural Improvements 5446 Leopard Street 211 Jesse's Circle Corpus Christi, TX 78408 New Braunfels, TX 78132 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID B: Base Bid B consists of the installation of 42 single column T -supports to be placed as shown on drawings sheet no. 9-10, 1. and in accordance with plans and on all specifications and includes all necessary material, labor and equipment. Also includes minor adjustments in order to transfer all dead loads to new columns, any field fits as necessary in order to complete all work as stipulated, complete in place per lump sum. 1 LS $219,995.00 $219,995.00 $257,000.00 $257,000.00 TOTAL BASE BID B: $219,995.00 $257,000.00 Laughlin -Thyssen, Inc. 1320 Boyles Street Houston, TX 77020 UNIT PRICE I AMOUNT $282,750.00 1 $282,750.00 $282,750.00 TABULATION OF BIDS Page 9 of 9 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: -Angel R. Escobar, P.E., Director of Engineering Services DATE: October 1, 2003 TINE OF COMPLETION: 90 Calendar Days ENGINEER'S ESTIMATE: (A) $234,100.00 (B) $229,073.00 (C) $238,040.00 Oso Water Reclamation Plant Ray's Welding Service Lambda Construction Laughlin -Thyssen, Inc. Aeration Basins Structural Improvements 5446 Leopard Street 211 Jesse's Circle 1320 Boyles Street Corpus Christi, TX 78408 New Braunfels, TX 78132 Houston, TX 77020 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID C: Base Bid C consists of the installation of 42 thirty (30) foot beams to be placed as shown on drawings sheet no. 11-12, 1. and in accordance with plans and on all specifications and includes all necessary material, labor and equipment. Also includes minor adjustments in order to transfer all dead loads to new columns, any field fits as necessary in order to complete all work as stipulated, complete in place per lump sum. 1 LS $237,500.00 $237,500.00 $283,000.00 $283,000.00 NO BID NO BID TOTAL BASE BID C: $237,500.00 $283,000.00 NO BID \Mproject\councilexhibits\exh7270,dwg N NUECES BAY CORPUS CHRIS~ BAY PROJECT LOCATION LAGUNA MADRE GULF OF MEXICO LOCATION MAP NOT TO SCALE PROJECT No. 7270 I oso WATER RECLAMATION PLANT AERATIONI (East:) BASINS STRUCTURAL IMPROVEMENT~ Cl~ o~ coR~us C,RlSTi, ~x~s /I EXHT_B r_ T "O" CITY COUNCr_L EXHIBIT OEPARTMENT OF ENGINEERING SER~CES PAGE: I ol= 1 DATE: 10/15/2003 4 AGENDA MEMORANDUM DATE: October 21, 2003 SUBJECT: Oso Wastewater Treatment Plant Electrical/Alternate Power Facility Upgrade Part 1 Facilities Electrical Upgrade (Project No. 7231) Part 2 Alternate Power Supply Systems (Project No. 7233) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a consultant contract with Colwell & Associates for a total fee not to exceed $360,639 for the Oso Wastewater Treatment Plant Electrical/Alternate Power Facility Upgrade. ISSUE: The Oso Wastewater Treatment Plant electrical system was originally installed in the early 1950's and later upgraded in the early 1980's. The equipment and cables are near the end of their useful life. The system has experienced power failures and excessive maintenance and repair costs in recent years. The proposed project includes the preliminary phase, design phase, bid phase, and construction phase for the required improvements. This item requires City Council approval. FUNDING: Funding is available from the FY 2002-2003 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Director of Wastewater Department r~DF"Angel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit"B" Contract Summary Exhibit "C" Location Map H:\U S E RS2~HOME~VE LMAR~GEI~WASTEWA~,7231 ~C ON S U LTANT AGENDA\AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Oso Wastewater Treatment Plant Electrical/Alernate Power Facility Upgrade Part 1 Facilities Electrical Upgrade (Project No. 7231) Part 2 Alternate Power Supply Systems (Project No. 7233) PRIOR COUNCIL ACTION: 1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 6. April 11, 2003 - Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 7. April 17, 2003 - Addendum No. 1 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 8. April 25, 2003 - Addendum No. 2 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 9. Au,qust 4, 2003 - Letter Of Notification No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: 1. Approval of a construction contract to complete the subject project. 2. Approval of an Amendment To The Consultant Contact for Part 2 Alternate Power Supply Systems. EXHIBIT "A" ] Page 1 of 2 H:~US(:RS2~HOME~VELMARIGEN\WASTEWAT~7231\ CONSULTANT AGENDA~AGENDA BACKGROUND PROJECT BACKGROUND: The Oso Wastewater Treatment Plant electrical system was originally installed in the early 1950's and later upgraded in the early 1980's. The system is a radial feed design and utilizes outdoor high voltage (12.47 kV) switchgear and underground cable distribution cimuits. The equipment and cables are near the end of their useful life. The system has experienced several power failures and excessive maintenance and repair costs in recent years. PROJECT DESCRIPTION: This project consists of two (2) parts as follows: · Part 1 - Facilities Electrical Upgrade · Part 2 - Alternate Power Supply Systems Part 1 Facilities Electrical Upgrade will replace the underground cable distribution system with above ground cable tray and will replace the existing 12.47 kV and 480 volt switchgear with new, state of the art equipment located in climate controlled buildings. Part 2 Alternate Power Supply Systems will provide an alternate power supply for the Treatment Plant to assure compliance with Federal and State Regulations during emergency situations, and to provide more reliable service to the City's wastewater customers. The fees for this part will be negotiated at a later date. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". H:IUSERS2\HOME\VELMARIGENIWASTEWA~,7231\ CONSULTANT AGENDA~GENDA BACKGROUND EXHIBIT "A" Page 2 of 2 CONTRACT SUMMARY Oso Wastewater Treatment Plant Electrical/Alternate Power Facility Upgrade (Project No. 7231) 1. SCOPE OF PROJECT Part I Facilities Electrical Upgrade - The City owns the hiQh voltage (12.47kV) electrical feed system at the Oso Wastewater Treatment Plant. This proiect will replace the existinQ radial feed system, including 12.47 kV and 480 volt ecluipment, relays, switchQear, and lines. Additionally, the wastewater plant facilities rely on power supplied by the local power utility, AEP. This proiect also requires providinQ alternate power supplies for the Oso Wastewater Treatment Plant to assure compliance with Federal and State ReQulations during emer.cjencv situations, and to provide moro reliable service to the City's wastewater customers. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. PROJECT SCHEDULE Part 1 Facilities Electrical Upqrade [Proiect No. 7231) DAY DATE ACTIVITY Wednesday November 5, 2003 Begin Preliminary Phase Monday December 15, 2003 Submit Engineering Letter Report Monday December 29, 2003 City Time (2 weeks) Monday January 5, 2004 Begin Design Phase Monday May 17, 2004 60% Submittal Monday May 31, 2004 City Review (2 weeks) Monday July 19, 2004 100% Submittal Friday August 2, 2004 City Time (2 weeks) Friday August 16, 2004 Final Submittal Monday (2) August 30,2004 Advertise for Bids Wednesday September15,2004 Pro-Bid Conference EXHIBIT "B" Page I of 4 H IUSERS2~HOME\VELMAR\GEN~WASTEWA~,7231\CONSULTANT AGENDA\CONTRACT SUMMARY Wednesday September 29, 2004 Receive Bids Monday October 25, 2004 Begin Construction Thursday June 30, 2005 Construction Completion Part 2 Alternate Power Supply Systems (Project No. 7233) DAY DATE ACTIVITY Wednesday TBD Begin Preliminary Phase Monday TBD Begin Design Phase Friday TBD 60% Submittal Friday TBD City Review (30 days/4 weeks) Friday TBD 90% Submittal Friday TBD City Time Friday TBD Final Submittal Monday (2) TBD Advertise for Bids Wednesday TBD Pre-Bid Conference Wednesday TBD Receive Bids Monday TBD Begin Construction Weekday TBD Construction Completion FEES Part I - Facilities Electrical Upgrade (Project No. 7231) Fee for Basic Services 1. Preliminary Phase $14,903 2. Design Phase 210,392 3. Bid Phase 5,727 4. Construction Phase 34,865 Subtotal Basic Services Fees 265,887 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) TCEQ 550 TDLR 1,925 Total Permitting 2,475 2. Topographic Survey (AUTHORIZED) 23,007 3. Electrical Survey and Documentation (AUTHORIZED) 7,080 4. Computer Modeling and Analysis 5,320 H:\USERS2\HOME~VELMARIGEN/WASTEWA~7231\CONSULTANT AGENDA\CONTRACT SUMMARY EXHIBIT "B" Page 2 of 4 5. Factory Submittal Review and Inspection 6,360 6. Construction Observation Services 34,720 7. Start-up Services 11,400 8. Warranty Phase 4,390 Sub-Total Additional Services Fees Authorized 94,752 Total Authorized Fee - Part 1 Only $360,639 Part 2 Alternate Power Supply Systems (Project No. 7233) Fee for Basic Services 1. Preliminary Phase TBD 2. Design Phase TBD 3. Bid Phase TBD 4. Construction Phase TBD Subtotal Basic Services Fees TBD Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) Railroads TXDOT Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments TNRCC Nueces County Texas Historical Commission U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency Texas Department of License and Regulation Total Permitting TBD 2. ROW Acquisition Survey (AUTHORIZED) TBD 3. Topographic Survey (AUTHORIZED) TBD 4. Environmental Issues TBD 5. Construction Observation Services TBD 6. Factory Submittal Review and Inspection TBD 7. Start-up Services TBD 8. Warranty Phase TBD EXHIBIT "B" Page 3 of 4 H:\USERS2\HOME~VELMARIGEN\WASTEWA1~72311CONSULTANT AGI~NDA\CONTRACT SUMMARY 9. Provide SCADA Documentation TBD Sub-Total Additional Services Fees Authorized TBD Total Authorized Fee TBD H:\U SERS2~,H O M E~VELMA R\G E NIWAST EWAT~7231 \CONSULTANT AGENDA\CONTRACT SUMMARY EXHIBIT "B" I Page 4 of 4 \ Mproject \ councilexhibits \ exh 72,~O.dwg CORPUS CHRISTI BAY N PROJECT LOCATION PROJECT NO. 7231 LOCATION MAP NOT TO SCALE EXHIBIT "C" OSO WASTEWATER TREATMENT PLANT ELECTRICAL/AL TERNATE POWER FACIL£TY UPGRADE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: I ol~ 1 DATE: 10-08-2003 5 AGENDA MEMORANDUM DATE: October 21,2003 SUBJECT: Meadowbrook Subdivision Area Drainage Improvements (Project No. 2128) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a consultant contract with LNV Engineering for a total fee not to exceed $232,355 for the Meadowbrook Subdivision Area Drainage Improvements. ISSUE: The Meadowbrook Subdivision area floods during times of frequent rain events. A contract for professional services is required to complete an engineering hydraulic analysis of the area and will include the preliminary phase, design phase, bid phase, and construction phase for the required improvements. This item requires City Council approval. FUNDING: Funding is available from the FY 2002-2003 Storm Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ,~1 R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit"B" Contract Summary Exhibit "C" Location Map H:\USERS21HOMI~VELMAR~GEN\DRAINAGE~21281CONSULTANT A(~ENDA~,GENOA MEMO BACKGROUND INFORMATION SUBJECT: Meadowbrook Subdivision Area Drainage Improvements (Project No. 2128) PRIOR COUNCIL ACTION: 1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 6. April 11,2003 - Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 7. April 17, 2003 - Addendum No. 1 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 8. April 25, 2003 - Addendum No. 2 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 9. Au.qust 4, 2003 - Letter Of Notification No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: 1. Approval of a construction contract to complete the subject project. H:IUSERS2'~HOME~VELMAR\GEN~DRAINAGE~212BI CONSULTANT AGENDA,AGENDA BACKGROUND EXHIBIT "A" Page 1 of 2 PROJECT BACKGROUND: The Meadowbrook Subdivision area floods during times of frequent rain events. A contract for professional services is required to complete an engineering hydraulic analysis of the area and to complete bid and construction phase services. PROJECT DESCRIPTION: The proposed project consists of preliminary, design, bid, and construction phase services to add an additional 10-foot X 6-foot box culvert from Lum Street including the open ditch section across Airline Road to Belmeade, address neighborhood flooding issues, and improve the hydraulic characteristics of the Meadowbrook area outfall. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". H:\USERS2\HOME\VELMAR\GENIORAINAGE~21281 CONSULTANT AGENDA~,GENDA BACKGROUNO CONTRACT SUMMARY Meadowbrook Subdivision Area Drainage Improvements (Project No. 2128) SCOPE OF PROJECT This proiect consists of desitin necessary to add an additional 10-foot x 6-foot box culvert from Lum Street including the open ditch section across Airline Road to Belmeade, address neighborhood flooding issues, and improve the hydraulic characteristics of the Meadowbrook area outfall. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. PROJECTSCHEDULE DAY DATE ACTIVITY Wednesday November 5, 2003 Begin Preliminary Phase Friday December 5, 2003 Submit Design Memorandum Friday December 19, 2003 Begin Design Phase Friday January 30, 2004 60% Submittal Friday February 13, 2004 City Review Friday February 27, 2004 100% Submittal Friday March 12, 2004 City Review Monday March 29, 2004 Final Submittal Monday (2) April 5 and 12, 2004 Advertise For Bids Wednesday April 21, 2004 Pro-Bid Conference Wednesday April 28, 2004 Receive Bids Monday June 21, 2004 Begin Construction Weekday December 20, 2004 Construction Completion H:IUSERS2'~HOME~VELMAR\GEN\DRAINAGE~2128\CONSULTANT AGENDA\CONTRACT SUMMARY lEXHIBIT "B" Page '1 of 2 4. FEES Fee for Basic Services 1. Preliminary Phase $50,000.00 2. Design Phase 68,000.00 3. Bid Phase 6,200.00 4. Construction Phase 12,385.00 Subtotal Basic Services Fees 136,585.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) TCEQ U.S. Army Corps of Engineers Texas Department of License and Regulation Total Permitting 4,000.00 2. Topographic Survey (AUTHORIZED) 14,500.00 3. Environmental Issues 16,600.00 4. Construction Observation Services 37,500.00 5. Warranty Phase 2,000.00 6. Box Culvert Location 10,370.00 7. Existing Box Culvert Inspection 3,400.00 8. Public Meeting 7,400.00 Sub-Total Additional Services Fees Authorized 95,770.00 Total Authorized Fee $232,355.00 EXHIBIT "B" Page 2 of 2 H:\USERS2\HOME~VELMAR~GEN\DRAINAGE~2128~CONSULTANT AGENDA\CONTRACT SUMMARY \ Mproject \ c ouncilexhibits \ exh2128.dwg CORPUS CHRISTI BAY PROJECT LOCATION 10X6 BOX- PROJECT' No. 2128 LOCATION MAP NOT TO SCALE EXHIBIT "C" MEADOWBROOK SUBDIVISION AREA DRAINAGE IMPROVEMENTS CI~' OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I ol= 1 DATE: 10/08/2005 6 AGENDA MEMORANDUM DATE: October 21, 2003 SUBJECT: Wood River Lift Station and Force Main Upgrade (Project No. 7148) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a consultant contract with HDR Engineering for a total fee not to exceed $236,332 for the Wood River Lift Station and Force Main Upgrade. ISSUE: The existing Wood River force main has roached capacity due to area development. The project proposes to remove and roplace Wood River Lift Station pumps, upgrade electrical facilities, and extend a new force main from the Wood River Lift Station to the existing 24-inch gravity line at the cul-de-sac of Hearn Road Circle. The proposed project includes the preliminary phase, design phase, bid phase, and construction phase for the required improvements. This item requires City Council approval. FUNDING: Funding is available from the FY 2002-2003 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ~',~..F oster Crowell Director of Wastewater Department /~7-J~ngel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit"B" Contract Summary Exhibit"C" Location Map H:\USERS2~HOME~VELMAR\GEN~WASTEWAT',7148\CONSULTANT AGENDA'~GENDA MEMO BACKGROUND INFORMATION SUBJECT: Wood River Lift Station and Force Main Upgrade (Project No. 7148) PRIOR COUNCIL ACTION: 1. December 171 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). April 11, 2003 - Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). April 17, 2003- Addendum No. 1 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 8. April 25, 2003 - Addendum No. 2 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 9. August 4, 2003 - Letter Of Notification No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: 1. Approval of a construction contract to complete the subject project. H \USERS2~HOME~VELMARIGENIWASTEWAT~7148~ CONSULTANT AGENDA~,GENDA BACKGROUND EXHIBIT "A" Page 1 of 2 PROJECT BACKGROUND: Growth and development in the Wood River area has increased the volume of flow to the Lift Station that serves this area. This lift station is located at the corner of Spring Creek Drive and Beal Drive. The force main that conveys the flows from the lift station to the gravity system has experienced a number of breaks in recent years due to age and higher than normal internal pressure. Growth in other parts of the Calallen area has increased the volume of flow to the gravity lines that convey flows from this area to the Allison Wastewater Treatment Plant. PROJECT DESCRIPTION: This project includes the construction of a new larger diameter force main from the lift station to an underutilized gravity line in Hearn Road Circle, east of U.S. 77. The crossing under U.S. 77 will utilize a casing pipe installed at the time of the interchange construction for this purpose. The lift station pumps will also be replaced with new pumps sized to match the new force main size and to accommodate future growth in the service area. Traffic control along F.M. 624 during construction will be of particular concern during the construction of this project. The proposed project consists of preliminary, design, bid, and construction phase services for the required improvements. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". H:\USERS2~HO M E~VELMAR~GEN~WASTEWAT~714 8/CONSULTANT AGENDA~GENDA BACKGROUND II Page_._2 of 2 CONTRACT SUMMARY Wood River Lift Station and Force Main Upgrade (Project No. 7148) 1. SCOPE OF PROJECT The existinq Wood River force main has reached capacity due to area development. This project proposes to remove and replace Wood River Lift Station pumps and Up~lrade electrical and extend a new force main from the Wood River Lift Station to the existing 24" gravity line at the cul-de-sac of Hearn Road Circle. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday November 12, 2003 Begin Preliminary Phase Friday January 2, 2004 Submit Design Memorandum Monday January 19, 2004 Complete City Review Monday January 26, 2004 Begin Design Phase Friday March 19, 2004 60% Submittal Friday April 2, 2004 City Review Friday April 23, 2004 100% Submittal Friday May 7, 2004 Final review Friday May 14, 2004 Final Submittal Monday (2) May 27, June 7, 2004 Advertise for Bids Wednesday June 9, 2004 Pre-Bid Conference Wednesday June 16, 2004 Receive Bids Monday August 2, 2004 Begin Construction Weekday To be Determined Construction Completion EXHIBIT "B" Page '1 of 2 H \USERS2~HOME~VELMARIGE N~WASTEWA~71481CONSULTANT AGENDA\CONTRACT SUMMARY 4. FEES Fee for Basic Services 1. Preliminary Phase $21,288 2. Design Phase 66,888 3. Bid Phase 7,196 4. Construction Phase 22,136 Subtotal Basic Services Fees $117,508 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) TXDOT TCEQ Total Permitting 15,494 2. ROW Acquisition Survey 22,000 3. Topographic Survey 22,250 4. Construction Observation Services 50,490 5. Start-up Services 2,494 6. Warranty Phase 6,096 Sub-Total Additional Services Fees Authorized 118,824 Total Authorized Fee $236,332 H:\USERS2\HOME~VELMAR\GEN\WASTEWA~71481CONSULTANT AGENDA\CONTRACT SUMMARY EXHIBIT "B" 1 Page 2 of 2 ~le : \Mpro~ect\councilexhibits\exh. 7148.dwg N LIF-I- STATI 624 /VUece~ WOOD RIVER FORCE MAIN UPGRADE LOCATION MAP NOT TQ SCALE CITY PROJECT No. 7148 EXHIBIT "C" WOOD RIVER LIFT STATION FORCE MAIN UPGRADE CITY COUNCIL EXHIBIT ClTr' OF CORPUS CHRISTI, TEXAS DEPARTIV~ENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 10-08-2005 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 21, 2003 AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with Fairbairn Electric of Corpus Christi, Texas in the amount $29,269.46 for the Holly Road Pump Station Miscellaneous Electrical Improvements project. ISSUE: This change order is necessary to modify the original design due to the City Water Department modifying the City-wide security access system. FUNDING: Funding for this project is available in the FY 02 -03 Water Operational Budget. CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended to award Change Order #2 and proceed with necessary improvements. scobar, P. E., Director of Engineering Services Attachments: Exhibit "A" Background Exhibit"B" Change Order Summary Exhibit "C" Location Map H:\HOME~LYNDAS\GEN\WATER\8437 - Holly Road Misc Electrical Imp~AGENDA MEMO.doc BACKGROUND INFORMATION SUBJECT: Holly Road Pump Station Miscellaneous Electrical Improvements (Project No. 8437) PRIOR COUNCIL ACTION: 1. July 16, 2002 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with Fairbairn Electric of Corpus Christi, Texas in the amount $29,269.46 for the Holly Road Pump Station Miscellaneous Electrical Improvements project. (Motion 2002-207) 2. July 22, 2003 - Approval of Ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2003; to be filed with the County Clerk and appropriating monies as provided in the budget. (Ordinance No. 025394) PRIOR ADMINISTRATIVE ACTION: 1. May 20, 2002 - Executed Small A/E Agreement with Bath Engineering in the amount of $18,690 for the Holly Road Pump Station Miscellaneous Electrical Improvements. PROJECT BACKGROUND: The Holly Road Pump Station is located on Holly Road between Everhart and Staples. The existing plug valves for Pump No. P4 and Pump No. P5 are more than twenty (20) years old and require maintenance frequently. The existing flow meter is old, broken, and beyond repair. Site security lighting improvements and card security accessibility improvements are necessary to secure the Pump Station. PROJECT DESCRIPTION: The project consists of replacing plug valves for Pump No. P4 and Pump No. P5; re-conditioning of existing valve actuators; replacing the existing flow meter; installation of site lighting and replacing the existing gate with an automatic card access security gate. This change order is necessary because City Water Department staff has requested a new flowmeter type in lieu of the original specification to better suit Water Department requirements. This change is necessary because the CityWater Department has modified the City-wide security access system that was in the original contract. FUNDING: Funds for this project are available in the FY 2001-2002 Water Capital Outlay Budget. H:~HOMEILYNDAS\GEN\WATER~8437 - Holly ROad Misc Electrical Imp~AGENDA BACKGROUND.doc IEXHIBIT "A" Page 1 of 1 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET October 8, 2003 PROJECT: HOLLY ROAD PUMP STATION MISCELLANEOUS H FCTRICAL IMPS. PROJECT NO: 8437 APPROVED: City Council on 7/16/02 - Motion No. M2002-207 CONTRACTOR: FAIRBAIRN ELECTRIC, 1NC. P. O. Box 9787 Corpus Christi, TX 78469 TOTAL CONTRACT AMOUNT ........... 25% Limit Amount .................... $191,756.00 47,939.0O Change Order No. 1 (5/6/03) ............ Change Order No. 2 (9/26/03) ............ Total ............................... 18,660.72 29,269.46 47,930.18 = 24.99% < 25% \ Mproject \ Bondissueproject \ exh84 3 7. dwg N CORPUS CHRISTI BAY 'OINT F.M. 45 PROJECT LOCATION PROJECT # 8437 LOCATION MAP EXHZBr_T "C" P' MP "TATI"N ....... ANE"' ~ II c~ry COUNCSLEXHSBST~ HOLLY ROAD u ~' u MI~'[,'I:LL UUb IIDEPART~ENT OF ENO,NEER,N~ SERV, CES ELECTRICAL IMPROVEMENTS (change order # 2) PAGE' I of 1 CITY OF CORPUS CHRISTI II DATE: 10/15/2005 ~ 8 AGENDA MEMORANDUM DATE: October21,2003 SUBJECT: Kinney Street Storm Water Pump Station 2003 (Project No. 2189) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the Construction Contract with McAIlen Construction, Inc. from McAIlen, Texas in the amount of $33,800 for the Kinney Street Storm Water Pump Station 2003. ISSUE: Change Order No. 1 is required to lengthen and upgrade the electrical pump located at the Kinney Street Storm Water Pump Station. The extension will increase the effectiveness of the sump size for the Pump Station. More pumping capacity will remove downtown storm water faster. FUNDING: Funds for this project are available in the FY 2002-2003 Storm Water Operating Budget. 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" Change Order Summary Exhibit "C" Location Map H:~USERS21HOME~VELMAI~GEN\DRAINAGE~2189\CHANGE ORDER NO I~AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Kinney Street Storm Water Pump Station 2003 (Project No. 2189) PRIOR COUNCIL ACTION: 1. July 23, 2002 - Approval of the Fiscal Year 2002-03 Operating Budget (Ordinance No. 024974). 2. June 24, 2003 - Motion authorizing the City Manager, or his designee, to award a construction contract to McAIlen Construction, Inc. from McAIlen, Texas in the amount of $309,500 for the Kinney Street Storm Water Pump Station 2003 (Motion No. M2003-221). PRIOR ADMINISTRATIVE ACTION: 1. April 1,2003 - Executed small consultant agreement with Mody K. Boatright in the amount of $25,000 for the Kinney Street Storm Water Pump Station 2003. BACKGROUND INFORMATION: The Kinney Street Storm Water Pump Station requires more pumping capacity. More pumping capacity will remove downtown storm water faster. The Kinney Street Storm Water Pump Station has two (2) pump units. One pump unit is diesel powered and the other pump unit is electric powered. Under the original contract, the existing diesel pump unit will be replaced. The new diesel powered unit will be able to be started automatically, where the existing unit had to be manually started. CHANGE ORDER NO. 1: Change Order No. 1 will upgrade the 25,000 GPM electric pump including extending the pump to lower the sump residual volume. The upgraded electric pump will continue to be used for normal draw down of the sump due to seepage and light rain events once the new station is built and connected to the existing system. The projected life of the pump is forty (40) years with maintenance work approximately every twelve (12) years. The existing electric pump uses an older, heavier design and is very durable and a less expensive option to purchasing a new electric pump. No structural modifications are required to install the equipment in the Pump Station. DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET October 2, 2003 PROJECT: KINNEY STREET STORM WATER PUMP STATION 2003 PROJECT NO: 2189 APPROVED: City Council on 6/24/03 - Motion No. M2003-221 CONTRACTOR: McAIlen Construction, Inc. 4700 N. Ware Road McAIlen, TX 78504 TOTAL CONTRACT AMOUNT .......... 25% Limit Amount .................... Change Order No. 1 (10/2/03) ....... Total ............................... $309,500.00 77,375.00 33,800.00 33,800.00 = 10.92% < 25% \ Mprojec t \ landocqexhibits \exh 2189. dwg %_~ NUECE$ BAY ~ ~ I ~ ~ ~ '~ I( CORPUS CHRISTI BAY coc rlO MAP NOT TO SCALE vicinity MAP CITY PROJECT ~ 2189 NOT TO SCALE EXHZBZT "C" KZNNEY STREET STOR~ WATER PU~P CZTY COUNCZL EXHZBZT DEPAR~ENT OF ENGINEERING SER~¢ES STATZON 2003 PAGE; 1 of 1 Cl~ OF CORPUS CHRISTI, TE~S DATE: 10~8~2003 9 AGENDA MEMORANDUM SUBJECT: Street Lighting Improvements Spur 3, Phase 1 - Part A Project (Ocean Drive) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a lighting contract to American Electric Power Company in the amount of $80,099 for the installation of new continuous street lighting on Ocean Drive, (south half of Spur 3-Phase 1 - Part A) between a point south of the bridge east of Alameda Street to a point just south of Sand Dollar Boulevard, at Texas A&M University - Corpus Christi. ISSUE: This project provides for AEP to install and maintain street lighting fixtures, conduit and power for this illumination project. FUNDING: Funding for this improvement is available in the Street Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the motion as presented. The payment is necessary for the installation of continuous street lighting in this road section. /~,r~l I~. Escobar, P.E., Director of Engineering Services ADDITIONAL SUPPORT MATERIAL: Exhibit "A" Background Information Exhibit "B" Location Map AGENDA MEMORANDUM Additional Background Information Future Council Action: The remaining section of Spur 3 - Phase 1 - Part B between a point just south of Alameda to a point south of the bridge is without street lighting. Resolution of issues with the existing conduit are still pending with ,American Electric Power (^EP) and Texas Department of Transportation (TxDOT). Project Description: A new continuous street lighting system will be installed within the Texas Department of Transportation dght-of-wey along a portion of Spur 3 - Phase 1 - Part A on Ocean Ddve by ^EP. City will pay AEP for all costs incurred in the installation of twenty-two (22) concrete tapered poles with 27,500-lumen high pressure sodium vapor luminaires and underground electrical circuitry and connections as well as necessary trenching, backfill, boring for underground electrical distribution and street light pole foundations. The installation is expected to be complete by January 31, 2004. KING TUT ~MORE N SCALE: N.T.S. NILE CAYO DEL OSO ISLAND BLVD. g ~ CORPUS CHRISTI BAY ~"%~ PART-A i ~ PART-A ~ PART-B III I SUB]ECl': STREET LIGHTING IMPROVEMENTS FOR OCEAN DRIVE / SPUR 3 PHASE1-PART A EXHIBIT 'B' Traffic Engineering Div. Engineering Services Dept. 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 21,2003 AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 4 with Moorhouse/Beecroft, Joint Venture, LLC, in the amount of $142,059.00 for repair of the existing Convention Center Cooling Tower Structural Support System. (Project No. 4198) ISSUE: The change order is necessary to repair corrosion damage to the structural steel framing supporting three roof-mounted and surrounding pre-cast concrete screening wall panels. Failure to complete the repairs could result in damage to the cooling towers and/or collapse of the screening walls. FUNDING: Funds will be available from the Visitor Facility 2002 CIP Fund. RECOMMENDATION: Approval of the ordinance and motion as presented. ~l~gel R. Escobar, P.E. Date Director- Engineering Services Attachments: Exhibit A: Background Exhibit B: Change Order Exhibit C: Budget Exhibit D: Location Map H:\HOME\KEVINS\GEN\CONVCTR\EXPANSIO\CO4Agenda Memo.doc BACKGROUNDINFORMATION ADDITIONAL INFORMATION: The condition of the structural support was discovered during periodic maintenance work. A contract was awarded to Shiner Moseley and Associates in December 2001 to investigate the condition of the structure and to recommend corrective actions. That survey resulted in temporary bracing being installed in accordance with a design developed by Shiner Moseley. The change order provides for the reinforcement and replacement of steel tubes and pipe supports. The existing steel beams have more than adequate strength and stiffness for the application. They will be sandblasted and painted to maintain their integrity. The existing steel columns have lost significant material amounts to corrosion, but retain more than adequate strength and stiffness for loading conditions at the roof level. Their original design was dictated by the accumulated loads at the foundation level allowing them to be sandblasted and painted. Small steel flanges supporting the concrete screening panels will be replaced. The change order also addresses the proper containment and disposal of asbestos and lead present in roofing materials, coatings, and paint. The specific work will include: · removal and reinstallation the small pre-cast return panels including caulking · replacing pipe hangers at the Cooling Tower as specified; · protection and patching the existing roof at the Cooling Tower Wells and at the edge of the roof wells on the main roof; · asbestos abatement and lead paint removal work as specified including OSHA air monitoring; · removal and replacement of all structural steel supports, temporary bracing and rods as specified using all new galvanized steel; and · provide all surface preparation and painting work. The opinion of probable cost for the project to be bid was $194,000. The proposed change order allows the City to maintain better project control and has only one contractor on site. PRIOR COUNCIL ACTION: The Arena and Convention Center projects have involved a number of complex actions. Some of the significant actions by Council include: June 29, 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9% (Ord. No. 023684). February 8, 2000 - Motion awarding project management contract in the amount of $486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and Rehabilitation project (M2000-039). November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of EXHIBIT A II H:\HOME\KEVINS\GEN\CONVCTR\EXPANSIO\CO4bkgExhA.doc seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of the Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ord. No. O24269). January 23,2001 - Ordinance appropriating and advancing $900,000 for the Arena project (Ord. No. 024346). January 30, 2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2% Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center Capital Improvement Fund (Ord. No. 024348). January 30, 2001 - Motion awarding an architectural services contract to Thompson, Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is currently authorized with the remaining balance of $3,093,250 being authorized only upon appropriation of funds (M2001-034) February 13, 2001 - Ordinance appropriating $900,000 from increased revenues generated by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility. February 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated $900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund. February 20, 2001 - Motion authorizing Amendment No. 2 with Gilbane Building Company in the amount of $281,000 for construction management services during the design phase of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation projects (M2001-080). July 241 2001 -Ordinance adopting the FY2001-2002 Budget and appropriating funds as set forth (Ord. No. 024528). Auqust 21,2001 - Council approval of the Corpus Christi Business and Job Development Board resolution to issue a $5 million note for the land acquisition associated with the Multipurpose Arena and authorization to issue the notes on (Res. No. 024551 ). Au.qust 28, 2001 - · Authorization to submit a grant application for an Economic Development Initiative Special Project in the amount of $498,900 for land acquisition to expand the Bayfront Arts and Sciences Park (Res. No. 024563); · Authorization to execute all documents necessary to accept and implement an Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (M2001-339); · Appropriation of $498,900 subject to approval by the U. S. Housing and Urban Development in the No. 1050 Federal State Grants Fund for the FY2001 Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (Ord. No. 024564); · Authorization to execute an earnest money contract in the amount of $250,000 for acquisition of Lots 1 - 12, Block 72, Beach Addition with TRT Development Company for a purchase price of $3,319,084 (M2001-340). September 11,2001 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation and study in the amount of $39,880.00 with Fugro South, Inc., for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project (M2001-346). October 30, 2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena EXHIBIT A Page 2 of 4 H :\HOME\KEVINS\G EN\CONVCTR\EXPAN SlO\CO4bkg ExhA.doc Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No. 024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by $5,000,000; and declaring an emergency. November 13, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies of the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2001-424). August 27, 2002 - Motion authorizing the City Manager or his designee, to execute a contract for Construction Manager at Risk services with Moorhouse - Beecroft, Joint Venture for the Convention Center Expansion and Renovation Project (M2002-283). September 9, 2002 - a. Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 un- appropriated fund balance (HB 1655 Convention Center Expansion/Renovation proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an emergency (Ord. # 025003) b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 in an amount not to exceed $736,465 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., for additional design and construction phase services for the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2002-292) November 26, 2002 - a. Ordinance providing for the issuance of City of Corpus Christi, Texas Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002, in an aggregate principal amount of $31,545,000 and ordaining other matters relating to the subject (Ord. #025121). b. Ordinance appropriating $1,626,418 from Reserve for Convention Center Expansion in the Hotel Occupancy Tax Fund 1030; authorizing the transfer of $1,626,418 to the Convention Center 2002 CIP Fund; appropriating $34,185,505 in the Convention Center 2002 CIP Fund; $32,131,337, from the Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002, $1,626,418 from the Hotel Occupancy Tax Fund 1031, and $427,750 from anticipated interest earnings in the Convention Center 2002 CIP Fund, to fund the construction and expansion of the Convention Center (Ord. #025122). c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Construction Manager at Risk contract with Moorhouse - Beecroft, Joint Venture, LLC establishing a Guaranteed Maximum Price of $25,000,000 for construction of the Bayfront Convention Center Expansion / Rehabilitation Project, subject to the appropriation of funds (M2002-399). February 18, 2003 - Motion authorizing the Acting City Manager, or his designee, to execute Amendment No. 2 to the Contract for Construction Manager at Risk services contract with Moorhouse- Beecroft, Joint Venture, LLC of Corpus Christi, Texas reducing the Guaranteed Maximum Price of $25,000,000 to $24,614,045 for construction of the Bayfront Convention Center Expansion / Rehabilitation Project (M2003-069). June 17, 2003 - Ordinance Appropriating $107,252.00 from the un-appropriated fund balance the Visitors Facility Fund No. 4710 for Convention Center Flood Damage Repairs; Amending Ordinance No. 025394 which Adopted the FY 2003-2004 Operating Budget by H:'d-IOM E\KEVINS\G EN\CONVCTR\EXPANSIO\CO4bkg ExhA.doc increasing appropriations by $107,252.00; and Declaring an Emergency (Ord. No. 025340). August 19, 2003 a. Appropriating a $107,252.00 Insurance Settlement in the Visitors Facility Fund No. 4710 for Convention Center Flood Damage Repairs; Amending the FY 2003-2004 Operating Budget Adopted in Ordinance 025394 by increasing appropriations by $107,252.00; and Declaring an Emergency (Ord. No. 025409). b. Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 with Moorhouse/Beecroft, Joint Venture, LLC, in the amount of $126,892.00 for flood damage repairs to existing Convention Center doors, frames, and elevators (M2003-273). PRIOR ADMINISTRATIVE ACTIONS: July 31,2000 - Award of Amendment No. 1 in the amount of $7,500 to Gilbane Building Company for architectural selection assistance for the multi-purpose arena. November 4, 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and Associates for the development of the Convention Center Expansion and Multipurpose Arena Traffic Control Plan. November 12, 2002 - Award of a contract in the amount of $2,800 to MEI Govind for survey services associated with partial closure of Shoreline Boulevard. November 12, 2002 - Award of a contract in the amount of $10,500 to Laurence & Associates for the Multi-Purpose Arena Pile Load Test. April 17, 2003 - Award of Change Order No. 1 in the amount of $22,738 to Moorhouse/Beecreft Joint Venture, LLC for miscellaneous architectural, civil and utility modifications. July 3, 2003 - Award of Change Order No. 2 in the amount of $22,035 to Moorhouse/Beecroft Joint Venture, LLC for bus turnaround, directional parking marking, sidewalks, handicapped improvements, subgrade and other modifications. December 18, 2001 - Award of an engineering services contract to Shiner Moseley and Associates in the amount of $18,750 for a condition survey and repair recommendations of the Convention Center Cooling Tower Supports and Equipment Screens. September 9, 2002 - Award of a contract in the amount of $1,000 to Mody Boatright for an environmental review/survey of the Convention Center Cooling Tower Supports and Equipment Screens. May 5, 2003 - Award of contract to PSI in the amount of $5,600 for development asbestos and lead abatement specifications for the Convention Center Cooling Tower Supports and Equipment Screens. May 23, 2003 - Award of a contract in the amount of $2,500 to Anderson and Associates of Houston, Texas for visual, microscopic, scanning electron microscopic and EDS elemental analysis of material samples for the Convention Center Cooling Tower Supports and Equipment Screens. July 10, 2003 - Award of Amendment No. 1 to PSI in the amount of $16,735 for air monitoring, asbestos and lead consulting during construction and laboratory analysis of materials for the Convention Center Cooling Tower Supports and Equipment Screens. H:\H OME\KEVINS\GEN\CONVCTR\EXPAN SlO\CO4bkg ExhA.doc EXHIBIT A DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET August 19, 2003 PROJECT: CONVENTION CENTER EXPANSION AND REHABILITATION Project No. 4198 APPROVED: COUNCIL MOTION No. 2002-283 APPROVED 8/27/02 CONTRACTOR: Moorhouse - Beecroft, Joint Venture, LLC 5826 Bear Lane Corpus Christi, TX 78405 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount .......................................... 24,614,045.00 6,153,511.25 Change Order No. 1 (04/19/03) ..................... Change Order No. 2 (04/03/03) .................... Change Order No. 3 (07/19/03) .................... Change Order No. 4 (10/21/03) .................... Total ............................................................... 22,738.00 22,035.00 126,892.00 142,059.00 313,724.00 = 1.3% < 25% Exhibit B Page 1 of 2 CHANGE ORDER No. 4 Department of Engineering Services City of Corpus Chdsti, Texas CHANGE ORDER NO: 4 FUNDING SOURCE: 550910-3181-00000-110710 DATE: Au.qust 26, 2003 CONTRACT TIME: 670 C.D. Operating Department: Department of EnqineednR Services Name of Project:. Convention Center Expansion/Renovation #4198 Contractor: Moorhouse/Beecroft Joint Venture, LLC CHANGE AS FOLLOWS: FUNDING SOURCE: PCOIChanqe Request No. 41 - Provide all repair work at the existing Convention Center Cooling Tower Structural Support System. All additional work shall be performed in accordance with the Drawings 1 of 6 through 6 of 6 issued by Shiner Mosseley and Associates, Inc. Engineers & Consultants dated June 27, 2003 and the Asbestos Abatement and Lead Paint Technical Specification prepared by PSI Inc. dated May 28, 2003. Moorhouse/Beecroft Change Proposal No. 40 dated August 14, 2003. 3181 Total Add - Lump Sum: $142,059.00 Why was this change necessary?. (If left off the plans and specifications, explain why) This item of remedial work must be accomplished on the roof of the existin.q Convention Center to allow the facility to operate as odqinally desiqned. The existinq Coolin.q Tower support framinq system on the roof has deteriorated to the point where the equipment is now in jeopardy of failinq due to the fact that the support structure can not support the weiRht of the Coolinq Tower. How can similar changes be avoided in the future? The only way this item could be avoided would involve havinq the Convention Center Maintenance Department attempt to perform this repair and renovation work internally .themselves. A. CONTRACT PRICE ............................................... $ B. TOTAL CHANGE ORDERS (inc. current) ............ $ C. NEW CONTRACT PRICE ..................................... D. THIS CHANGE ORDER ........................................ $ E. PERCENT TOTAL CHANGE (B/A) F. PREVIOUS ADDN'L TIME AUTHORIZED ............ G. ADDN'L CONTRACT TIME THIS CHANGE ORDER H. TOTAL ADDITIONAL TIME .................................. 24,614,045.00 313,724.00 24,927,769.00 142,059.00 1.28 % 0 CD 0 CD 0 CD Project Engineer CITY OFt:CORPUS CHRISTI, TEXAS . $' / dity Engineer , APPROVED: ~~ (~//~;:~Operatin'g Dept. CONTRACTOR Title://~,~ Idg Director of Management & Budget Legal Department Page 1 of 1 I Exhibit B Page 2 of 2 1 CONVENTION CENTER REHABILITATION & EXPANSION Revenues Bond Proceeds Hotel Occupancy Tax Fund Insurance Settlement 34,185,505 $ 1,626,418 107,255 35,919,178 Expenditures Construction Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Mechanical System Pro Rata Contingency (10%) FFE A/E Engineering Reimb. Geotechnical Project Management PM Construction Phase (1) Art Materials testing/laboratory Misc. (Printing, Postage, etc.) TOTAL 24,614,045 22,738 22,035 126,892 142,059 1,500,000 2,461,400 500,000 2,044,066 110,000 12,000 486,000 1,798,500 315,000.00 137,700 8,000 34,300,435 Exhibit C Page 1 of 1 File : \Mproject\councilexhibits\exh4198. dwg NUECES BAY N PROJECT LOCATION L OCA TION MAP NOT TO SCALE N PROJECT SI TE CONVENTION CENTER COOLING TOWER STRUCTURAL SUPPORT SYSTEM CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10-21-2003 11 CITY COUNCIL AGENDA MEMORANDUM October 21, 2003 AGENDA ITEM: A. Ordinance appropriating $199,764.66 from the General Fund Municipal Court Technology Fee for the purchase of an Informix Database, Dell Computers, an XML module, and IP phones. Each of these purchases will be for use exclusively by the Municipal Court as mandated by the rules governing the technology fee. B. Motion authorizing the City Manager or his designee to execute a twelve-month database maintenance agreement with Keene Information Systems, Inc. of Katy, Texas in the amount of $29,110 in accordance with the State's Cooperative Purchasing Program. ISSUE: Annual maintenance on Informix Database needs to be reinstated. Current computers and phones are outdated. The XML module was required by TLI to build the on-line ticket payment application. REQUIRED COUNCIL ACTION: A. Approval of Ordinance appropriating $199,764.66 from the General Fund Municipal Court Technology Fee; amending the FY2003~2004 Capital Budget adopted by Ordinance No. 025394. To increase appropriations by $199,764.66 for the purchase of the various technological items. B. City Council approval is required for expenditures over $25,000 or those requiring an appropriation. PREVIOUS COUNCIL ACTION: Informix Database and computers approved for purchase on March 20, 1998. FUNDING: 260305-1020-00000 Reserve for Municipal Court Technology Account CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance and motions as presented. Rene Mendiola, Director of Municipal Court Attachments: Keene Information Systems, Inc. Invoice # 2003512 BACKGROUNDINFORMATION A. The appropriation of $199,764.66 by Ordinance No. 025394 wi!l be allocated for four major purchases on behalf of the Municipal Court. Background information on purchase of the Informix database maintenance is provided in item B. The remainder of the funds will be used to purchase new computers, IP phones and an XML module for the Municipal Court. i.The Municipal Court has the need to replace sixty computers which were initially purchased as a result of the contract with Court Specialist, Inc., approved by Council on March 20, 1998. The lease of these computers will ensure that all of the Municipal Courts computers are at a manageable level in regards to functioning capabilities. The replacement of these sixty computers will be spread out over the course of the year so that future replacement will not have to occur simultaneously throughout the Municipal Court. ii.The phone system currently in use at the Municipal Court has become antiquated and outdated. The court has chosen to take this opportunity when funds are available to migrate to the new system being deployed city wide. iii.On February 12, 2002, the Council approved the initiative of the E-commerce office to move forward with on-line services for the citizens of Corpus Christi. At that time the Municipal Court was identified as one of the first five areas to be addressed. In order for TLI to accomplish the completion of an on-line ticket payment application the purchase of an XML module from Court Specialists, Inc. was required. The remainder of the funds allocated through this ordinance will be used for that purchase. B. The Informix database was initially purchased as an integral part of the Court Specialists System that was approved by council on March 20, 1998 to eliminate the impeding risks of Y2K. The renewal of a support agreement for the Informix database was not included in future maintenance agreements for CSI. Thus, maintenance support was dropped on the database. At the time of the purchase, the base product of the database far exceeded any expectations the City had and thus, the lowest functioning set of database tools was not only acceptable but is what we purchased. Today as we continue to place more requirements on the system and expect enhanced response times, it has become necessary for us to upgrade the Informix database to a level that will allow the hardware to utilize both 770 MHz processors as opposed to the single 160 MHz processor we have been accustomed to over the past five years. KEENE INFORMATION SYSTEMS, Inc. Database Consultants INFOSMIX ~OLUTiONS ^tUt, NCE INVOICE Katy, TX 77491-6261 (281) 579-OO48 FAX: (281) 579-8497 Date: 07/08/2003 Invoice//: 2003512 Terms: Due Upon Receipt Notes: Rene Mendiola City of Corpus Christi 120 N. Chaparral Corpus Christi, TX 78401 Quotation to replace IBM~Informix Standard Engine with IDS-Workgroup Edition. These prices are based upon IBM' s Passport Advantage (PPA) purchase program. It will require the city to sign an IBM agreement, but allows for government discount reflected in the prices. Quotation to renew 4Js Business Suite. Penalties are applied to reinstate your lapsed support contract, and are included in the price listed below. Your 4Js license has not bas support since 1998. Consulting fees are estimated and can vary depending on the system, the scope of the project, and any unforseen complications that might arise during the project. These consulting prices are minimums and are to be used as a guide for budgeting, scheduling, planning discussions for the overall installation and systems upgrades. Consulting prices do not include travel or expenses. Keene will invoice separately for expenses and actual consulting fees when this phase of the project is completed Platform: Support Dates: HPUX 11 .i (64 bit) 8/1/03 to 7/31/04 IDS Workgroup Edition 7 Server License Concurrent Session Media Documentation Total 1BM/Informix License w/Support 4Js Business Suite D6DBSLL D6DBDLL Qty Unit Price Extended Price: 1 863.00 863.00 63 259.00 16,317.00 1 25.00 25.00 1 25.00 25.00 17,230.00 v 5. lx 64 135.00 8,640.00 Total Software with 12 month support Consulting Fees - Estimated per day Install Informix and 4Js on new servers and move data 3 1,080.00 25,870.00 3,240.00 ORDINANCE APPROPRIATING $199,764.66 FROM THE NO. 1020 GENERAL FUND MUNICIPAL COURT TECHNOLOGY FEE FOR INFORMIX DATABASE DELL COMPUTERS, XML MODULE AND IP TELEPHONES FOR THE MUNICIPAL COURT; AMENDING FY 2003-2004 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 025394 TO INCREASE APPROPRIATIONS BY $199,764.66; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $199,764.66 from the No. 1020 General Fund Municipal Court Technology Fee is appropriated for Informix database1 XML module, 60 Dell computers and 50 IP telephones for the Municipal Court. SECTION 2. That FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 is amended by increasing appropriations by $199,764.66. SECTION 3. 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 Approved: October 16, 2003 Lisa Aguilar Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor 12 CITY COUNCIL AGENDA MEMORANDUM August 19, 2003 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute the annual software maintenance renewal with ESRI, Inc. of Redlands, California in an amount not to exceed $39,149.34 for the ESRI suite of products used by the City's Geographic Information System users. ISSUE: Software must be maintained to allow for continued operation of the time management system, upgrades and improvements and to ensure that it stays compatible with other systems. ESRI, Inc. provided a quote for annual maintenance from October 2, 2003 through October 1, 2004 of the City of Corpus Christi's ESRI suite of application software. ESRI, Inc. is the sole provider of ESRI application software/hardware maintenance. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: On March 26, 2002 the City Council approved adjustment of the City's Geographic Information System base map and migration to the ESRI suite of products. FUNDING: Amount Budgeted Source of Funds (where budgeted) $ 39,149.34 5210-40470-530160 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Ogilvie F. Gericke, P.E. Director of MIS Attachments: None Date: 9/30/2003 Time: 8:44 AM To: ~ 13618264311 Page: 001-005 ESRI Inc 380 New York Street RED[ANDS CA 92373 SUBJECT: DATE: TO: ORGAN~J~TION: FAX #: FROM: FAX #: EMAIL: Number of pages transmitted (including this cover sheet): MAINTENANCE QUOTE 09/30/2003 LARRY MESSER CI~YOF CORPUS CHRISTI MIS DATA CENTER 361-8264311 PHONE #: 361-880-3532 Carolyn Woodmansee 909-793-4801 PHONE #: 888-377-4575 Ext. 1356 cwoodmansee@esri.corn QUOTATION #25084075 Please find the attached quotation for your forthcoming software support term. As you know, keeping your support current entitles you to exclusive benefits that may include technical support, software upgrades, and User Conference registrations. Please contact your ESRI Customer S~rvice Representative at the 'phone number below if you need information about the entitlements that are specific to the programs you are participating in. If you have any questions or need additional information, please call Julie Cariota at (888) 377-4575, ext. 1944. [M~ib'~ Rod~,guez - M000A3AI_f TIF Page 27 D&te: 9/30/2003 Time: 8:44 AM TO: ~ 13618264311 P~l~e: 002-005 ~ 380 New York Street REDLANDS, CA 92373 Ph o['~: 885-377-45751356 Date: 07/12/2003 Quotation Number: 25084075 Quotation LARRY MESSER CITY OF CORPUS CHRISTI I~IS DATA CENTER CITY HALL 1201 LEOPARD ST CORPUS CHRISTI TX 78401-2120 At'tn: LARRY MESSER Customer Number: 201 995 Send Purchase Orders To: 380 New York Street Redlands, CA 92373-8100 Attn: Carolyn Woodmansee Please include the following remittance address on your Purchase Order: File #54630 Los Angeles, CA 90074-4630 Item Qty Product#Description Unit Price Extended Price YOUR CUSIOMER SERVICE REPRESENTATIVE IS JULIE CARIOTA Al (888)377-4575 X1944. 10 2 52384 MAINT,PRIM,AI,FL 3,000.00 6,000.00 Arclnfo Floating Primary Maintenance Start Date: 10/02/2003 End Date: 10/O1/2004 Hardware Platform: WINDOWS NT-INTEL 30 9 52385 MAINT,SCN DRY,Al,FL 1,200.00 10,800.00 Arcinfo Fioating Secondary Maintenance Start Date: 10/02/2003 End Date: 10/01/2004 Hardware Platform: WINDOWS NT-INTEL 40 1 52396 MAINT,PRIM,COG O,FL 500.00 500.00 ArcCOGO Floating Primary Maintenance Start Date: 10/02/2003 End Date: 10/01/2004 Hardware Platform: WINDOWS NT-INTEL 50 3 64820 MAINT,APRS FOR AG 200.00 600.00 ArcPress for ArcGIS Maintenance Start Date: 10/02/2003 End Date: 10/01/2004 Issued By: Carolyn Woodmansee Ext: 1356 Melba Rodrlguez - M000A3AI_I TIF .... P~g~e 3~ Date: 9/3012003 Time: 8:44 A~ TO: B 13618264311 Page: 003-005 380 New York Street cA 92s7 Quotation Date: 07/12/2003 Quotation Number: 25084075 Item Qt¥ Product#Description Unit Price Extended Price Hardware Platform: WINDOWS NT-INTEL 70 1 85057 MAINT,AIMS STD EG,SRVR/CPU LIC 1,500.00 1,500,00 ArclMS Standard Edition Server CPU Maintenance Start Date: 10/02/2003 End Date: 10/01/2004 Hardware Platform: GENERIC DESKTOP 80 2 87194 MAINT,PRIM,AV,SX, CU 700.00 1,400.00 ArcView 8.x Concurrent Use Primary Maintenance Start Date: 10/02/2003 End Date: 10/01/2004 Hardware Platform: WINDOWS NTJNTEL 90 16 87195 MAINT,SCNDRY,AV, CU 500.00 8,000.00 ArcView 8.x Concurrent Use Secondary Maintenance Start Date: 10/02/2003 End Date: 10/01/2004 Hardware Platform: HP 700/800 110 1 87198 MAINT,PRIM,AG 3D,CU 500.00 500.00 ArcGIS 3D Analyst Concurrent Use Primary Maintenance Start Date: 10/O2/2003 End Date: 10/01/2004 Hardware Platform: WINDOWS NT-INTEL 130 4 87199 MAINT,SCNDRY,AG 3D,CU 200.00 800.00 ArcGIS 3D Analyst Concurrent Use Secondary Maintenance Start Date: 10/02/2003 End Date: 10/01/2004 Hardware Platform: WINDOWS NT-INTEL 140 2 87213 MAINT,DSG,ASDE,SRVR,2PROC 3,000.00 6,000.00 ArcSDE Developer Support Group (DSG) Maintenance for 1 Server and up to 2 CPUs Includes 5 Read and Write Connects Start Date: 10/O2/2003 End Date: 10/01/2004 Hardware Platform: HP 700/800 Issued By: Carolyn Woodmansee Ext: 1356 [LESTINAM] Melba Rodriguez - M000A3AI_I .TIF Page 4~ Date: 9/30/2003 Time: 8:~g A~ TO: ~ 13618264311 Page: 00q-005 3S0 New York Street .rob.os, c, 9237 Quotation Phor~: 888-377-45751356 Page 3 Fax #: 909-793-4801 Date: 07/12/2003 Quotation Number: 25084075 item Qty Product#Description Unit Price Extended Price 150 1 87232 MAINT,PRIM,AG SA,CU 500.00 500.00 ArcGIS Spatial Analyst Concurrent Use Primary Maintenance Start Date: 10/02/2003 End Date: 10/01/2004 Hardware Platform: WINDOWS NT INTEL 160 6 87233 MAINT,SCNDRY,AG SA,CU 20000 1,200.00 ArcGIS Spatial Analyst Concurrent Use Secondary Maintenance Start Date: 10/02/2003 End Date: 10/01/2004 Hardware Platform: GENERIC DESKTOP 170 1 87236 MAINT,PRIM,AG GA,CU 500,00 500.00 ArcGIS Geostatistical Analyst Concurrent Use Primary Maintenance Start Date; 10/02/2003 End Date: 10/01/2004 Hardware Platform: WINDOWS NT-INTEL 180 3 87237 MAIN3,SCNDRY,AG GA,CU 200,00 600.00 ArcGIS Geostatistical Analyst Concurrent Use Secondary Maintenance Start Date: 10/02/2003 End Date: 10/01/2004 Hardware Platform: WINDOWS NT-INTEL 190 1 92628 MAINT,PRIM,AG SRVANLST, CU 249.34 249.34 ArcGIS Survey Analyst Concurrent Use Primary Maintenance Start Date: 04/03/2004 End Date: 10/01/2004 Hardware Platform: WINDOWS NT-INTEL Subtotal 39,149.34 Shipping & Handling 0.00 Es§mated Tax 0.00 Total $ 39,149.34 Issued By: Carolyn Waadmansee Ext: 1356 [Mel~Ra R~rriguez - M000A3AI_! TIF Page Date: 9/30/2003 Ttme: 8:44 AM TO: ~ 13618264311 P&ge: 005-005 380 New York Street REDLANDS, CA 92373 Phone: 888-377-45751356 Quotation Page 4 Date: 07/12/2003 Quotation Number: 25084075 Item Qty Product#Description Unit Price Extended Price If you choose to discontinue your support, you will become ineligible for support benefits and sewices. All maintenance fees from the date of discontinuation will be due anti payable if you decide to reactivate your support coverage at a later date. BY SIGNING BELOW, YOU ARE INDICATING THAT YOR ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION. DO NOT USE THIS FORM FOR ORDER ACTIVATION IF YOUR ORGANIZATION WILL NOT HONOR AND PAY AN INVOICE THAT HAS BEEN ISSUED AT YOUR DIRECTION WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. To expedite your order, either attach a copy of this quotation to your purchase oeder when it is remitted to ESRI, or ~gn below and return this quotation to indicate your acceptance. ESRI's address and fax number am provided on the first page of this quotation. If your organization is a US Federal, state, or Ioca~ government agency; an educational facility; or a company that will not pay an invoice without having issued a fortnal pumhase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. Signature of Authorized Representative Name (P~ease PHnt) Any ~timated sales and/or use tax has been calculated as of the ~ate of this quotation and is merely provided as a convenience for your organlzation's budgetary purposes ESRI reserves the right to adjust and coUect safes and/or use tax at the actuar date of invoicing If your erganlzatlcn is tax exempt or pays state taxes directly, then prior to invoicing, ,/cur organ{zation must prov;de ESR( with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdictlon Issued By: Carolyn Woodmansee Ext: 1356 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10121103 AGENDAITEM: Motion authorizing the City Manager or his designee to accept grant funding in the amount of $48,401from the Texas Department of Transportation for a Ddving While Intoxicated Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI enforcement and to execute all related documents. Ordinance apprepdating $48,401 from the Texas Department of Transportation for funding for a Ddvin9 While Intoxicated Selective Traffic Enforcement Project (STEP) in No. 1061 Police Grants Fund; and declaring an emergency. ISSUE: The State of Texas, Department of Transportation is providing funding for Ddving While Intoxicated overtime enforcement in the Police Department to reduce the frequency of alcohol related crashes. BACKGROUND INFORMATION: This will be the second year of the grant (10/01/03 - 09/30/04). The grant places overtime officers across the City Wednesday through Saturday with hours of operation between 3 pm and 3 am. The per[ormance goals are: A. Reduce the number of alcohol-related crashes from 206 to 186. B. Increase DWI arrests by 192. In 2002, the City of Corpus Chdsti had 8,759 crashes with 197 being alcohol related. Of the total 20 fatalities, 8 were alcohol related or 40% as compared to the State percentage of 49% and the national percentage of 56% for 1999. Unfortunately for the year 2003, the data for Jan ~ Aug show we already have 20 fatalities, 11 of which are alcohol related or 55% A large majority of these crashes took place on the three major state highways where speed and alcohol make for a deadly combination. Additionally the growing numbers of bars in the downtown area have drawn more individuals to this area to take advantage of the "Happy Hour". REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. FUNDING: Officers will be working on an overtime basis with the City providing $18,025 for mileage and fringe benefits (State will not cover retirement costs on overtime). Attachments: TXDOT grant agreement CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. [~[~] Federal Pass Through Grant Funds CFDA #20.600 State Grant Funds,, -- -- For TxDOT Use Only ~ Misc. Contn~ Numl~r: 5114XXF61147 Chargo Number: 04-02412-B 1 -BB , , Project Year: I PIN (14 characters only): 17460005741000 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department, and Cit~ of Corpus Christi, hereinafter called the Subgrantee, and becomes effective when fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n): [] State Agency [] Non-Profit Organization [] Unit of Local Government [] Educational Institution [] Other (describe): AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Plan for the following Fiscal Year(s) 2004. Project Title: STEP - Driving While Intoxicated Brief Project Description: Increase law enforcement related to DWI countermeasures; Conduct a public education and information campaign to educate the public concemine DWI issues. Grant Period: The Grant becomes effective on October 1, 2003, or on the date of final signature of both parties, whichever is later, and ends on September 30, 2004 unless terminated or otherwise modified. Maximum Amount Eligible for Reimbursement: $48,401. The following attachments are incorporated as indicated as a part of the Grant Agreement: · Attachment A, Mailing Addresses · Attachment B, General Terms and Conditions (TxDOT Fom~ 1854) · Attachment C, Project Description (TxDOT Form 2076) · Attachment D, Action Plan (TxDOT Form 1852) · Attachment E, Project Budget (TxDOT Form 2077 or 2077-LE) [] Attaclunent F, Operational Plan (TxDOT Form 2109) (for Selective Traffic Enforcement Program grants only) Project Title: STEP - Driving While Intoxicated TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory for the Subgrantee hereby represents and warrants that she/he is an of~ organization for which she/he has executed this agreement and that she, the has full ~ to enter rote this agreement on behalf of the organization. At the time the signatory signs the Grant Agreement, she/he will sign and submit to the Department a letter des authority by position title for grant-related documents other than the Grant Agreemer: amendments. These other grant-related documents will include, but not be limited to performance reports, final performance report and administrative evaluation report, Reimbursement (RFRs), and routine correspondence. THE SUBGRANTEE THE STATE OF TEXAS City of Corpus Christi [Legal Name of Agency] By [Aufl~otized Signature] George K. Nee [Name] City Manager [Titlel Date: Executed for the Executive I~l for the Texas Transportation purpose and effect ofactivatL~ orders, established policies el approved and authorized by r- Transportation ConUmssion. By¸ District Engineer Texas Department of ~i (For local project granm for grants of $100,000 recommended for appr-- Under authority of Ordinance or Resolution Number (for local governments): Date: By_ Director, Traffic Opera. Tex~ Department of ~ (Not required for local_ $100,000.) Date: Project Title: STEP - Driving While Intoxicated Attachment A Mailing Addresses For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence. (NOTE: For warrants (checks), the address indicated by the electromc mail code, which is the last three digits of the PIN on page 1 of this Grant Agreement, shall be used for disbursing payments. If that address is not where the Subgrantee wants warrants or checks to be sero, the Subgrantee needs to notify thc Depamnent of any appropriate changes. For Subgrantee (Project Director): Name: P. Alvamz, Jr. Title: Chief of Police Organization: City of Corpus clmsti - corpus Christi Police Department Address: P. O~ Box 9016 Corpus Christi, Texas 78469 Phone: 361-886-2604 Fax: 361-886-2607 E-mail: palvarez~cctexas.com Note: Any change in the Subgrantee information in this Attachment A, Mailing Addresses, does not require I an amendment to the Grant Agreement. However, the Subgrantee must submit a letter with the corrected I information to the Depamnent address below within 15 days of the change. For Texas Department of Transportation: Name: Sherry M. McLeroy Title: Traffic Safety Specialist Organization: TxDOT Address: P. O. Box 9907 Corpus Christi, Texas 78469-9907 Phone: 361-808-2205 Fax: 361-808-2313 E-mail: smclemy~dot.state.tx.us 4.04 VEHICLES AND EQUIPMENT A. Assigned Vehicles Division conunanders are responsible for assigning vehicles allotted to their divisions to officers. Those vehicles designated as take-home cars will be assigned by the division commanders B. Operation of Police Vehicles The operation of a police vehicle is aprivilege, which may be withdrawn at any time. In order to operate a police vehicle, an individual must meet the following requirements: Hold a valid Texas driver's license and have it in his possession. Hold a Drivels Authorization Card issued by the city of Corpus Christi, Department of Safety and Risk Management, and have it in his possession. No employeewill be directedto or voluntarily operate avehicle for which he does not have the appropriate classificarion of both state and city drivers license. Any employee assigned to operate a police vehicle shall, before use, inspect the vehicle for unreported damage or defects and report same to his supervisor. Failure to report damage or defects will create the assumption that the inspection was made and that the assigned employee is responsible for damages or defects present. Employees shall operate police vehicles in a safe and prudent manner at allrimes and will be held accountablefor carelessness or negligence. Improper use or operation of a police vehicle may constitute grounds for disciplinary action. Seatbelts will be worn at all times by driver and front-seat passengers in accordance with regulations set forth in Texas Motor Vehicle Laws. Employees shall not violate the traffic laws except under emergency cimumstances. Unjustified violations of any traffic law may constitute grounds for disciplina~.' action. Employees shall not transport civilians or other unauthorized persons in police vehicles assigned to them for their official use, except in an emergency or as directed or approved by their supervisor. Prior to transport, officers shall notify the dispatcher of the transport. Police vehicles shall be used only for police-related business. Vehicles which are authorized to be taken home during off-duty hours are for authorized emergency use only and shall not be used for personal business or other matters. Officers under suspension will leavepolice vehicles atthe station for the duration of the suspension~ The use of police vehicles for going to or from off-duty employment is prohibited without prior division commander or section head anthorizarion. Such supervisors 200312004 Operational Vehicle Cost Rate City of Corpus Christi, Police Department Type of Cost Incurred Amount Subtotal 1. Vehicle Cost base amount $ 21,500 a. Equipment: 1. Radio $ 1,945 2. Light bar, siren, speaker, headlight flashers $ 1,474 3. Mobil Data Computer $ 3,000 4. Automated Vehicle Location Device $ 7,600 5. Stack mounts $ 35 6. Cage $ 252 7. Kick Panel $ 33 8. Decaling $ 250 9. Mounts/console $ 1,000 10. Pushbars $ 129 b. Vehicle preparation (installation of equipment) $ 4,000 2. Sum of vehicle and installed equipment $ 41,218 3. Annual depreciation a. Vehicle, 2 years straight line $ 10,604 b. Equipment, 5 years straight line $ 735 4. Total annual depreciation cost $ 11,339 ,5. Annual liability insurance* $ 16. Annual maintenance costs $ 7,000 !7. Annual gasoline usage (39,286 miles @ 21 mpg average per vehicle @ $1.00 per gallon $ 1,871 8. Total insurance and maintenance costs per year $ 8,871 9. Indirect costs (accts payable, payroll, fiscal dept, etc.)** (~11.91% of direct costs (Block 4 + Block 8 * 0.1191) $ 2,407 10. Total per year cost of vehicle (Block 4 + Block 8 + Block 9) $ 22,617 11. Average operational cost per vehicle mile (Block 10/39,286 miles) $ 0.58 · City is self-insured Prepared by Pat P. Eldridge, CCPD STEPVEHICLECOST 1016/2003 C_ity of Corpus "- '-Ch ti ~' ~ rls October 6, 2003 Sherry McLeroy Texas Department of Transportation P. O. Box 9907 Corpus Christi, Texas 78469 Dear Ms. McLeroy, The Corpus Christi Police Department verifies that all officers working DWI enforcement under the STEP Driving While Intoxicated grant from October 1, 2003 through September 30, 2004 are trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). Officers receive the training as part of their Academy curriculum; therefore all of our sworn officers eligible to work the grant have already received the training. This is in accordance with RESPONSIBILITIES OF TItE SUBGRANTEE under our contract. PA/ppe P. Alvarez Chief of Poliee--->''~ Police Department ~O !~ox c. 016 ~ Corpus Christi, Texas '78469-9016 · (512) 886-2600 October 6, 2003 Sherry McLeroy Texas Department of Transportation P. O. Box 9907 Corpus Christi, Texas 78469 Dear Ms. McLeroy: In accordance with the STEP - Driving While Intoxicated contract, the following individuals have signature authority for the listed grant related documents: Requests for Reimbursement - Director of Finance, City of Corpus Christi All other grant related documents - Chief of Police, City of Corpus Christi Please contact my office if you should have any further questions. Sincerely, City Manager DG/ppe Office of the City Manager Box 9277 * (?orpus Christi, Texas 78469 9277 · (512) 880-3000 Attachment B Project Title: STEP - Driving While Intoxicated Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local lan,s, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary_ and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR, Part 18; 49 CFR, Part 19 (OMB Circular A-110); OMB Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMB Circular A-133; and the Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. R and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C~ It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum ~vage and overtime requirements for employees performing project work. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requircments of law, program requirements, and other administrative requirements. Attachment B Project Title: STEP - Driving While Intoxicated It recogmzes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§ 1251 et seq.; the Resource Conservation and Recovery Act, as an~ended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The pbxase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department inits complianeewith Section 106 ofthe National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all infom~ation collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as othemAse provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in Attactunent E, Traffic Safety Project Budget. The amount included in the Project Budget will be deemed to be an estimate onb' and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If Attachment E, Traffic Safety Project Budget, specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. Attachment B Project Title: STEP - Driving While Intoxicated B. All pas~aents made hereunder will be made in accordance with Attachment E, Traffic Safety Project Budget. The Subgrantee's expenditures may overrun a budget category in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed five (5) percent of the maximum amount eligible for reimbursement in thc budget for thc covered fiscal year and there is also a commensurate underrun elsewhere in the Project Budget. The Subgrantee must provide written notification to the Department of an overran of five (5) percent or less in order for there to be approval of the Request for Reimbursement. This notification must be in thc form of an attachment to the Request for Reimbursement that covers the period of thc overran. This attachment must indicate the amount, thc percent change, and the specific reason(s) for the overnm. Any overrun of more than five (5) percent of the amount eligible for reimbursement in the budget for the covered fiscal year requires an amendment of this Grant Agreement. The maxUnum amount eligible for reimbursement shall not be increased above the total Department (TxDOT) amount in the approved Project Budget as a result of exceeding a budget category without a written grant amendment. C. To be eligible for reimburscment under this Agreement, a cost must be incurred in accordance ~vith Attachment E, Traffic Safety Project Budget, within the time frame specified in Grant Period on page 1 of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D Federal funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal funds to support personnel or an activity already supported by local or state funds. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: · A-21, Cost Principles for Institutions of Higher Education; · A-87, Cost Principles for State, Local, and Indian Tribal Governments; or, · A-122, Cost Principles for Nonprofit Organizations. The Subgrantce agrees to submit monthly or quarterly Requests for Reimbursement, as designated in Attachment D, Action Plan, within thirty (30) days after the end oftbe billing period. The Subgrantee will use billing forms acceptable to the Department. The original Request for Reimbursement, with the appropriate backup documentation, must be submitted to the Depamnent address shown on Attachment A, Mailing Addresses, of this Agreement. In addition, a copy of the Request for Reimbursement and appropriate backup documentation, plus three (3) copies of the Request for Reimbursement without backup documentation, most be submitted to this same address. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty-five (45) days of the end of the grunt period. H. Thc Department will exemise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. Project agreements supported with federal funds are limited to the length oft}ds Grant Period, which is specified on page I of this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subseqnent project costs, and which have demonstrated performance that is acceptable to the Department. Attachment B Project Title: STEP - Driving While Intoxicated ARTICLE 4. LIMITATION OF LIABILITY Pa)anent of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, thc Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the §ubgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment designated by the Department. Any amendment must be executed by the parties within the Grant Period, as specified on page 1 of this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opimon that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a whtten amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maXUnum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. ffthe Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such reMsions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee slmll make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Deparmlent shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than thirty (30) days after the end of each reporting period, as designated in Attaclunent D, Action Plan, the Subgrantee shall submit a performance report using forms provided or approved by the Department. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high umt costs. Project Title: STEP - Driving While Intoxicated Attachment B The Subgrantee shall submit the Final Performance Report and Administrative Evaluation Report within thirty (30) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing of events that will have a significant impact upon this Agreement, including: Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods, This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified on page 1 of this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This fight of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by la,v, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the exteut permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemmfy, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to tltis Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. Attachment B Project Title: STEP = Driving While Intoxicated ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any ptior oral or ~xitten agreements. Ifa conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payrnent shall be submitted to the Department for settlement, with the Executive Director acting as referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described heroin and these have been accepted by the Department, unless: This Agreement is terminated in ~witing with the mutual consent of both parties; or There is a written thirty (30) day notice by either party; or · The Department detemUnes that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified on page 1 of this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds am involved, the US DOT, or any authotized representative thereof, have the tight at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT Ihe Subgrantee shall comply with the requirements of the smgle Audit Act of 1984, Public Law (PL) 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States, Local Governments, and Other Non-Profit Organizations." The state auditor may conduct an audit or mvestigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of fimds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction &the legislative audit committee, to conduct an audit or investigation in cmmection with those thnds. Attachment B Project Title: STEP - Driving While Intoxicated ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the Subgrantee's organization without prior written concurrence with the subcontract by the Department. Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business xvith the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director~ Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantce warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full mount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which ia any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perfom~ the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall tmmedJately be removed from association with the project. Unless otherwise specified, the Subgrantee shall fi~mish all equipment, materials, supplies, and other resources required to perform the work. Attachment B Project Title: STEP - Driving While Intoxicated ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own properly management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: · 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or · 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for Grants and Agreements xvith Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary. information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless other, vise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any tsq0e of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is lhnited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and admimstrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they ma5' be an~ended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportumty," as amended by Executive Order 11375 and as supplemented by the Department o£ Labor regulations (41 CFR, Part 60). Project Title: STEP - Driving While Intoxicated Attachment B B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the gubgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth ~vhat efforts the Subgrantee has made to obtain the requested information. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. Incorporation of provisions: The Subgrantce shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in xvhole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: · The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the oppommity to compete for and perform agreements and subcontracts. · The Subgrantee and may subcontractor shall not discrmfinate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. Attachment B Project Title: STEP - Driving While Intoxicated These requirements shall be included in any subcontract. Failure to carry, out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT/SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; Have not xvithin a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes: or commission of embezzlement, theft., forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with comrmssion of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or mom federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting uny award at any tier to any party which is debarred or suspended or othera,ise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order axvarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her lmowledge and belief that: A. No federally appropriated funds have been paid or ~vill be paid by or on behalf of the Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of an)' federal contract, grant, loan, or cooperative agreement. B. If any fimds 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 federal 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 party to this Agreement shall Project Title: STEP - Driving While Intoxicated Attachment B complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction anposed 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. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department. The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child suppi~rt information for the individuals or business entities named in this grant. Under Section 231.006, Famdy Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Interaet at: http://xx,x,x .dot state tx us/cso/default.htm. Project Title: STEP - DWI Name of Subgrantee: City of Corpus Christi Traffic Safety Project Description Attachment C BASELINE INFORMATION & OBJECTIVES BASELINE INFORMATION: Baseline Definition: A number serving as a foundation for subgrantees to measure pre- grant traffic enforcement activity. Baseline information must be provided by the subgrantee in order to identify local traffic enforcement related activity. This information should exclude any activity generated with STEP grant dollars. Once the baseline is established, these figures will be used to compare subsequent year's local and grant traffic enforcement activity. Baseline Year (12 months: 09/02 through 08/03) Baseline Baseline Measure Number A. Number of alcohol-related crashes 206 B. Number of Driving While Intoxicated (DWI) arrests 581 OBJECTIVES: The Objectives of this grant are to accomplish the following by September 30, 2004: Objectives/Performance Measures Number A. Number and type citations/arrests to be issued under STEP 1. Increase DWI arrests by 192 B. Number of STEP enforcement hours to be worked 1321 C. Subgrantee total number of traffic related crashes 1. Reduce the number of alcohol-related crashes to 186 D Complete administrative and general grant requirements as defined in the Action Plan, Attachment D 1. Submit the following number of Performance Reports, including the Final Performance Report and Administrative Evaluation Report. 12 2. Submit the following number of Requests for Reimbursement. 12 E Support grant enforcement efforts with public information and education (PI&E) as defined in the Action Plan, Attachment D. 1. Conduct a minimum of four (4) presentations. 4 2. Conduct a minimum of four (4) media exposures (eg., news conferences, news releases and interviews). 4 3. Conduct a minimum of two (2) community events (e.g., health fairs, booths). 2 4 Produce the tbllowing number of public information and education materials if applicable. N/a Traffic Safety Project Description Page I of I TxDOT Form 2076-dwi (Rev: 8/19/2003) Project Title: STEP - DWI Subgrantee: City of Corpus Christi Attachment C Objectives/Performance Measures Number 5. Distribute the following number of public information and education materials if applicable. N/a NOTE: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non- STEP funded citation and arrest activity due to the prohibition of supplanting. RESPONSIB1LITEES OF THE SUBGRANTEE: A. Carry out the objectives and performance measures of this grant by implementing all activities in the Action Plan, Attachment D. B. The Objective Performance Measures shall be included in each Performance Report and summarized iv~ the Final Performance Report and Administrative Evaluation Report. C. Submit all required reports to the Department fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions, Attachment B. This includes reporting to the Department on progress, achievements, and problems in periodic performance reports. All required documents must be accurate. Inaccurate documents will delay any related Requests for Reimbursement. D. A Final Performance Report and Administrative Evaluation Report summarizing all activities and accomplishments will be submitted on Department approved forms no later than thirty (30) days after the grant ending date~ E Attend meetings according to the following: 1. The Subgrantee will arrange for meetings with the Department as indicated in the Action Plan to present status of activities, discuss problems and schedule for the following quarter's work. 2. The project director or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. F. When applicable, all newly developed public information and education (PI&E) materials must be submitted to the Department for written approval prior to final production. Contact the Department regarding PI&E procedures. G For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the approval of the Department prior to the beginning of the trip. Grant approval does not satisfy this requirement. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. Traffic Safety Project Description Page 2 of 2 TxDOT Form 2076-dwi (Rev: 8/19/'2003) Attachment C Project Title: STEP - DWI Subgrantee: City of Corpus Christi I. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. J. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant year. K. Carry out the objectives of this grant by implementing the Operational Plan, Attachment F. Ensure that each officer working on the STEP project will complete an officer's daily report form The form should include: name, date, badge/identification number, type of grant worked, grant site number, mileage if applicable (including starting and ending mileage), hours worked, type of citation/arrest issued, officer and supervisor signatures. M Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty. N. Support grant enforcement efforts with public information and education CPI&E). Salaries being claimed for PI&E activities must be included in the budget. O. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. P. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. Q. If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest~ R. At the time the signatory for the Subgrantee signs the Grant Agreement, provide a letter to the Department from the enforcement agency head, training officer, or authorized individual certifying that the officers working DWI enforcement are, or will be, trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case ora first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S The Subgrantee must enter all Performance and Annex Report data into the Buckle Up Texas Website (x~ ~ !)~!~k_leu~[cxas.c~,!n) prior to submission of the hard copy reports to the Department. Printed versions of the Website reports are acceptable versions for hard copy submissions. Traffic Safety Project Description Page 3 of 3 TxDOT Form 2076-dwi (Rev: 8/19/2003) Project Title: STEP - DWl Subgrantee: City of Corpus Christi Attachment C RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: 1. review of periodic reports 2. physical inspection of project records 3. telephone conversations 4. e-mails and letters 5. meetings. B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the Traffic Safety Project Budget, Attachment E. Requests for Reimbursement will be processed up to the maximum amount payable as indicated on the cover page of the Grant Agreement. E. Perform an administrative review of the project at the close of the grant period to include a review of adherence to the Action Plan, Attachment D and the Traffic Safety Project Budget, Attachment E, and attainment of project objectives. Traj~tc Safe~. ' Project Description Page 4 of 4 TxDOT Form 2076-dwi (Rev: 8/19/2003) Tera OaV.rbnent o/TnnspoRnfbn Form 1852 (rev. 7/21/2003) PROJECT TITLE: STEP - Drivina While Intoxicated SUBGRANTEE: City of Corpus Christi ACTION PLAN FY 04 OBJECTIVE: To complete administrative and general grant requirements by 9/30/2004, as defined below: Attachment D KEY: p = planned activity c = completed activity r = revised ACTIVITY RESPONSIBLE PROJECT MONTH OC NO DE JA FE MR AP MY JN JL AU SE OC NO 11. Submit letter regarding signature authority. Subgrantee p 2. Submit operational cost per vehicle mile (If applicable). Su rantee 3. Hold Grant delivery meeting. Department 4. Attend TxDOT Project Management Course Subgrantee P 5. Submit Performance Reports. Subgrantee p p p p p p p I p p p 6. Submit Requests for Reimbursement. Subgrantee p p p p p p p p p p p p 7. Submit Final Performance Report and Administrative Subgrantee Evaluation Report. p 8. Hold Grant progress review meeting. Subgrantee & Dept, p p p 9. Conduct on-site monitoring visit. Department p p 10. Submit documentation of any grant -required training (if Subgrantee applicable) P Page I of 1 TBXBS DeOertment o/TnnepoRefbn Form 1852 (rev. 7/21/2003) PROJECT TITLE: STEP — Driving While Intoxicated SUBGRANTEE: City of Corpus Christi ACTION PLAN FY 04 OBJECTIVE: To support grant efforts with a public information and education (PI&E) program by 9/30/2004, as defined below: Attachment D KEY: p = planned activity c = completed activity r = revised Mr=y ih se sc`i riti• s as appropriate PROJECT MONTH ACTIVITY RESPONSIBLE OC NO DE JA FE MR AP MY JN JL AU SE OC NO 1. Contact the Department regarding PI&E procedures and Subgrantee P tannin 2. Determine types of Plan needed. Subgrantee P 3. Submit the PI&E plan to the Department for approval. e P 4. Approve PI&E plan. nt P 5. Distribute materials provided by TxDOT & other sources e p P P P P P P P P P P 6. Maintain records of all PI & E material received/distributed. e p p p p p p p p p p "DePartment 7. Conduct news conference(s) e P P P P P 8. Issue news release(s). e P P P P P 9. Conduct presentations. ee P P P P mmunity events (e.g., health or safety ee fairs, booths). P P I The Police Department will utilize TXDOT publication materials and will not produce any new materials. Page 2 of 2 texas DaOartmant olTnnwubtbn Form 1852 (rev. 7/21/2003) PROJECT TITLE: STEP — Driving While Intoxicated SUBGRANTEE: City of Corpus Christi OBJECTIVE: Click here to type objective. ACTION PLAN FY 04 Attachment D KEY: p = planned activity c = completed activity r = revised PROJECT MONTH 'ACTIVITY RESPONSIBLE OC NO DE JA H? AP MY JN JL AU SE OC NO !2 4. — — - 5. 6. 7. 9. _ 10. 11. - - 12. 13. 14. 15. 16. 17. Double-click here to create another blank Action Plan. Page 3 of 3 To add another row to table, press TAB at end of row. Form 2077-LE (rev. 8/15~2003) Page 1 of 2 Traffic Safety Project Budget (for Law Enforcement Projects) Attachment E Project Title: STEP - Driving VVhile Intoxicated Name of Subgrantee: City of Corpus Christi Fiscal Year: 04 Budget Category I - Labor Costs (100) Salaries [] Overtime or [] Regular Time Salmy rates are estimated for budget purposes only. Reimbursements will be based on actual costs per employee in accordance with Subgrantee's payroll policy and salary, rate. List details: A. Enforcement (overtime) l. Officers/Deputies: 1,321.00 hrs. ~ $33.00 per hr. 2. Sergeants: __ hrs. ~ $ per hr. 3. Lieutenants: __ hrs. ~ $ per hr. B. PI&E Activities (overtime) [not to exceed 10% of Total Salaries budgeted (100)] 50.00 bm. ~ $33.00 per hr. C. Other (i.e., overtime staff, supervisory support, conducting surveys, in-house instructors for OP violators course) I'TxDOT mount not to exceed 10% of Grand Total TxDOT Amount] Specify: See attached detail (Round figures to nearest dollar) Other/ TxDOT State/Local TOTAL 43,593 43,593 0 0 1,650 1,650 __ hrs.@ $ per hr. ___ 2,826 2,826 Total Salaries ............................................................................ 48,069 0 48,069 (200) Fringe Benefits* Specify fringe rates: A. Overtime: 19.4% 9,325 9,325 B. Part-Time: % 0 C. Regular Time: % 0 Total Fringe Benefits ................................................................ 0 9,325 9r325 (300) Travel and Per Diem* ...................................................... 332 332 Reimbursements will be in accordance with Subgrantee's travel policy. Subgrantce must bill for actual travel expenses -- not to exceed the limits reimbursable under state law. I. Total Labor Costs (100 + 200 + 300) ............................................ 48,401 9,325 57,726 ' Budget Detail Required: As an attaclunent to the budget, a justification and a detailed cost breakdown is required I for all costs included for Fringe Benefits (200) Travel and Per Diem (300) Equipment (400), Supplies (500) I Contractual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800) Attachment E TxDOT Form 2077-LE (rev. 8/15/'2003) Project 'C~le: STEP - Driving While Intoxicated Page 2 of 2 Subgmntee: City of Corpus Chdsti Fiscal Year: 04 (Round figures to nearest dollar) Other/ TxDOT State/Local TOTAL Budget Category H - Other Direct Costs (400) Equipment* ...................................................................... (SOO) Supplies* ........................................................................... (600) Contractual Services* .................................................... (700) Other Miscellaneous* A. Subgrantee Vehicle Mileage: Rates used oaly for budget cstimatc. Rcimbursemcnl will be made according to tile approved subgrantee's average cost per mile to operate patrol velficles, not to exceed the state rate. Documentation of cost per mile is required prior to reimbursement. 15,000.00 miles (~ $0.5800 per mile B. Registration fees (lrailfing, workshops, colfferences, etc.) .................... C. Public information & education (PI&E) materials ................... 1. Educational items = $ (eg.: brochures, bumper stickers, posters, fliers, etc.) 2. Promotional items = (eg.: key chains, magnets, pencils, pens, mugs, etc.) D. Other* .................................................................................... Total Other Misce0aneous ......................................................... 1]. Total Other Direct Costs (400 + 500 + 600 + 700) ...................... Budget Category HI - Indirect Costs (800) Indirect Cost Rate* (at __%) ....................................... Summary: Total Labor Costs ...................................................................... Total Other Direct Costs ............................................................ Total Indirect Costs ................................................................... Grand Total (I+H+III) .................................................... Fund Sources (Percent Share) ..................................................... 8,700 8,700 0 0 0 0 8,700 8,700 0 8,700 8,700 0 48,401 9,325 57,726 0 8,700 8,700 0 0 0 48,401 18,025 66,426 72.86°,4 27.14% l* Budget Detail Required: As an attachment to the budget, a justification and a detailed cost breakdown is required I for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500). Services (600)~ Other Miscellaneous (700), and Indirect Cost Rate (800) Project Title: STEP - Driving While Intoxicated Name of Subgrantee: City of Corpus Christi Budget Detail BUDGET CATEGORY I - LABOR COSTS (100) Salaries A. ENFORCEMENT(overtime) I I I T OT To, 1. Officers: 1321 hours (3 officers, 4 hours a day, 3 days a ~veek) ~ $33.00 ~er hour = $ 43,593 $ 43,593 $ $ 43,593 2. Sergeants: aours ~ $0.00 ~er hour = $ $ $ $ 3. Lieutenants: £ louts ~ $0.00 ~er horn' = $ $ $ $ B. PI&E ACTIVITIES (overtime) [not to exceed 10% of (100) salaries] C. OTHER 50hours ~,, $33.00 per hour = $1,650 (i.e., overtime staff, supervisory support): not to exceed 10% of total grant amount) 1. Officers: odministrative paperwork 50hours ~ $33.00perhour= $1,650 $ 1,650 2. Breath Test Operator: civilians on "stand bx" - x~ ill ~ac¢ix c overtime onl5 when called to conduc! test 49]hours ~,~ I$ 24.00 Iperhour= ] $1,176 I I I 15 1,176 (200) Fringe Benefits A. Rate: (if not included in hourly rate) FICA TMRS (300) Travel 7.65%~ $3,67719'40%~ I15 $ 9,325 $ 11.75%1 I$ 5,648 I I Attend required TXDOT training, i.e., Buckle/Up/DWI Summit and/or Project Management Course. In accordance with the attached City travel policy. (700) Other Miscellaneous A Subgrantee Vehicle Mileage - The City chooses to fund the mileage at 100% due to the difficulties in splitting the mileage by a percentage. The percent share provided by the City will be more than the required 10% due to the State not paying for retirement costs and the City choosing to fund the mileage at 100%. 9,325 J:\GRANTS\STEP~DW1Lln'Y 0304~BUDGET NARRATIVE.DOC 10/7/2003 Form 2109 (8/15/2003) Subgrantee: City Of Corpus Christi TRAFFIC SAFETY OPERATIONAL PLAN Attachment F Project Title: Stet) - DHvin(~ While Intoxicated Project Fiscal Year: 04 STEP Site Letter Su~ey or Site Description Results Enforcement Period Number & Type* (compliance) Wed, Thurs, Fri, Sat, Sun DWI District 1 (see attached map) 3:00 pm - 3:00 am I Distdct 2 (see attached map) Wed, Thure, Fri, Sat, Sun DVVl 2 3:00 pm - 3:00 am Distdct 3 (see attached map) Wed, Thurs, Fd, Sat, Sun DWI 3 3:00 pm - 3:00 am DWI District 4 (see attached map) Wed, Thurs, Fri, Sat, Sun 4 3:00 pm - 3:00 am DWI District 5 (see attached map) Wed, Thurs, Fri, Sat, Sun 5 3:00 pm - 3:00 am Special Events: March 12-28, 2004 (Spring Break) DWI Apdl 4 - 12, 2004 (Easter) 3:00 pm - 3:00 am 6 May 28 - 31 2004 (Memorial Day) July 2 - 6, 2004 (4 h of July) August 27 - Sept 1,2004 (Labor Day) The enforcement hours were chosen based on the following: 3:00 pm - 3:00 am: These hours will enable officers to work the beach areas dudng the summer as well as focusing on the Happy Hours at local bars. The heavy focus hours will be from 10:00 pm to 3:00 am when the most alcohol related crashes occur. * For Speed sites only, survey data must be submitted with the grant document to support the Operational Plan. Page 1of I I I I I I I I / ! ! / / ! ORDINANCE APPROPRIATING $48,401 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING FOR A DRIVING WHILE INTOXICATED SELECTIVE TRAFFIC ENFORCEMENT PROJECT iN THE NO. 1061 POLICE GRANTS FUND AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $48,401 grant from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants fund for funding for a Driving While Intoxicated Selective Traffic Enforcement Project. 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: THECITYOFCORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 15, 2003 Lisa Aguilar Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/21/03 AGENDA ITEM: item A: Resolution authorizing the City Manager, or the City Manager's designee, to submit a Coastal Management Program grant application to the Coastal Coordination Council in the amount of $15,000 for a feasibility study on Bay Debris Catchment Systems in the stormwater outfalls that are located in the Corpus Christi Marina, with a City match of $15,000 in the No. 4700 Marina Fund and a total project cost of $30,000. ISSUE: Application to the Coastal Coordination Council, Cycle 9 Grant for a proposed feasibility study to design a viable, floatable debris containment system in the Corpus Christi Marina. REQUIRED COUNCIL ACTION: Resolution authorizing the Park and Recreation Department to apply for a Texas Coastal Management Grant for a proposed feasibility study to design a viable, floatable debris containment system in the Corpus Christi Marina. PREVIOUS COUNCIL ACTION: Them has been no previous council action on this particular item. The City has submitted other successful grant applications to this agency for the Corpus Christi Beach Boardwalk project. The City continues to maintain a good working relationship with the Coastal Coordination Council. FUNDING: Funding for the 50% matching requirement will be paid from the Marina fund 4700, organization 35300. CONCLUSION AND RECOMMENDATION: It is recommended that the Park and Recreation Department be given authorization to submit the application for the proposed feasibility study that would greatly enhance the appearance, safety, and cleanliness of the Corpus Christi Marina. Completion of the study woul~ld designs, drawings, and proposed costs for construction to be completed in a f re phase. David Ondrias Acting Director, Park and Recreation Attachments: NONE BACKGROUNDINFORMATION (Additional Background) The proposed project is a feasibility study to determine a type of debris collection system that would suit the needs of the Corpus Christi Marina and Corpus Christi Bay. The purpose of the study is the reduction or elimination of non-source point pollution entering the marina and the surrounding waters of Corpus Christi Bay through several storm water outfalls located along the seawall. Phase I of the project will be the feasibility study, which would include research and development, design, plans and specifications, and permitting requirements associated with the project. The Corpus Christi Marina is a valuable asset in the City of Corpus Christi. Its position within Corpus Christi Bay amplifies the need for a clean and safe marina. Furthermore, Corpus Christi Bay is a valuable ecological resource home to over 400 species of birds and is a part of a complex ecological system, which supports various species of fish, shellfish, and fowl. This system provides a variety of other nutrients and is a broad food web that reaches into the Gulf. This complex ecosystem supports a vast travel and eco-tourism industry, which generates approximately 10,790 jobs, $624.8 million in travel spending, and $57.7 million in tax receipts each year. Unfortunately, the population and industry growth experienced along Corpus Christi Bay has also led to increased pollution carried into the bay via the storm water system. Although increased public awareness campaigns and other non-point source pollution prevention practices are being utilized, debris continues to enter Corpus Christi Bay. This pollution threatens the ecosystem, habitats, and public health. Further, the economical impact to Coastal cities in the form of collection, handling, and disposal of debris is a burden that can be reduced through improved containment applications. The CMP grant would assist the City of Corpus Christi to fund a study, which would determine what type of device would best suit our needs. The study will determine best practice procedures for containment, collection and disposal of the floatable debris. Further, the study should provide a sanitary, as well as visually appealing containment system that is matched to the unique characteristics of the Corpus Christi Marina and the surrounding waters of Corpus Christi Bay. The study would then produce plans, specifications, and permitting requirements necessary to implement the project in a future phase. The City of Corpus Christi has received Coastal Management Program funding in the past, specifically for Phase I of the Corpus Christi Beach Boardwalk Project that is scheduled for completion in March 2004. The City has maintained a good relationship with Coastal Management Program. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A COASTAL MANAGEMENT GRANT APPLICATION TO THE COASTAL COORDINATION COUNCIL IN THE AMOUNT OF $15,000 FOR A FEASABiMTY STUDY ON BAY DEBRIS CATCHMENT SYSTEMS IN THE STORMWATER OUTFALLS THAT ARE LOCATED IN THE CORPUS CHRISTI MARINA, WITH A CITY MATCH OF $15,000 IN THE NO. 1058 MARINA FUND AND A TOTAL PROJECT COST OF $30,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a Coastal Management Grant application to the Coastal Coordination Council in the amount of $15,000 for a Feasability Study on Bay Debris Catchment Systems in the Stormwater Outfalls that are located in the Corpus Christi Marina. The City match for this grant is $15,000 in the No. 1058 Marina Fund, and a total project cost of $30,000. SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms of the conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ~ day of October, 2003. Doyle Cul~ Chief, Administrative Law Section Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor H:\LEG-DIR\£hamd\VERONICA\Doylc\Rcs - Bay Debris Collcc(ion Feasabilil~ Study.wpd 15 AGENDA MEMORANDUM City Council Action Date: October 21~ 2003 AGENDA ITEM: Item A: An ordinance appropriating a grant from the Texas Department of Health in the amount of $91,523.00 to fund the elimination and control of tuberculosis in the No. 1066 Health Grants Fund; and declaring an emergency. Item B: A resolution authorizing the City Manager, or the City Manager's designee, to accept a grant from the Texas Department of Health in the amount of $91,523.00 to fund the elimination and control of tubemulosis in Nueces County. ISSUE: The Corpus Christi-Nueces County Public Health District requests City Council's approval to execute and appropriate a one year contract in the amount $91,523.00 to fund the elimination and control of tuberculosis in Nueces County. These funds will provide services to individuals who have tuberculosis or those who have a high risk of developing tuberculosis. TDH expects the contract to begin on 01/01/04, and will be awarded for a 12-month budget period. REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTION: Previous Council actions executed the contract and appropriated funds for FY03. FUNDING: The Texas Department of Health awards eligible local Health Departments contracts to provide prevention control of tuberculosis. The funding available is $91,523.00. There are no match funds required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the contract attachment and appropriate funding for the elimination and control of tuberculosis in Nueces County. (Department Head Signature) BACKGROUNDINFORMATION BACKGROUND: This item renews our current contract with the Texas Department of Health to provide services to prevent, treat, and control tuberculosis within the Corpus Christi area. TDH has provided grant funding to support the Health Department's TB Program for many years. This past FY02-03, July 1 through August 31, the TB Program serviced 10,500 patients. The contract requires no matching funds. Financial assistance under this contract renewal is being increased by 4.0% over FY03 levels. The contract pedod is from 111/04- 12/31/04, and funds are being awarded to support staff salaries, benefits, vehicle maintenance and fuel for TB Program services. CONTRACT FOR PUBLIC HEALTH SERVICES Contract Issued by: (RECEIVING AGENCY) TDH DOCUMENT NO. 7460005741 2005 TEXAS DEPARTMENT OF HEALTH CC 1100 WEST 49TM STREET AUSTIN, TEXAS 78756-3199 Legal Authority to Contract: Chapters 12 and 121, Health and Safety Code. Venue: The provisions of this Contract shall be interpreted in accordance with Texas law. Venue for any court disputes shall be in Travis County, Texas. PERFORMING AGENCY NAME: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) MAILING ADDRESS: P.O. BOX 9727 CORPUS CHRISTI TX 78469-0000 STREET ADDRESS: 1702 HORNE ROAD CORPUS CHRISTI TX 78469-0000 NAME OF AUTHORIZED CONTRACTING ENTITY: CORPUS CHRISTI (CITY OF) PAYEE DATA (If not the same as PERFORMING AGENCY or AUTHORIZED CONTRACTING ENTITY; must be on file with the Texas State Comptroller's Office.): NAME: CITY OF CORPUS CHRISTI ADDRESS: PO BOX 9277 CORPUS CHRISTI TX 78~-69-9277 (City, State, Zip) State of Texas Vendor Identification No. (14 digits) I PAYEE AGENCY Fiscal 17460005741027 IYear Ending Month: luIy PAYEE BUSIiNESS 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 has 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 of the shares of stock or other equitable securities are owned by one or more persons who have been historically underutilized (socially disadvantaged) 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 I - Receiving and Performing Agency Data COVER PAGE 2 - Details of Attachment(s) COVER PAGE 3 - Authorized Signatures GENERAL PROVISIONS - 8/2003 ATTACHMENT(S) EXHIBITS, IF APPLICABLE Cover Page 1 DETAIL~ ~)F ATTACHMENTS Arq 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 0000001621 01/01/04 12/31/04 93.116 91,523.00 0.00 91,523.00 TDH Document No.7460005741 2005 Totals $ 91,523.00 $ 0.00 $ 91,523.0G *Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS. Cover Page 2 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 NAME: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) By: (Signature of person authorized to sign contracts) (Name and Title) RECEIVING AGENCY NAME: TEXAS DEPARTMENT OF HEALTH By: ~ (Signature of person authorized to sign contracts) Bob Burnette, Director Procurement and Contracting Services Division (Name and Title) Date: Date: RECOMMENDED: By: (PERFORMING AGENCY Director, if different from person authorized to sign contract) TDH Document No: 7460005741 2005 Cover Page 3 GENERAL PROVISIONS FOR TEXAS DEPARTMENT OF HEALTH SUBRECIPIENT GRANT CONTRACTS TABLE OF CONTENTS ARTICLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 35 36 37 38 PREAMBLE TERM FUNDING AMENDMENTS APPLICABLE LAWS AND STANDARDS DEBARMENT AND SUSPENSIONS ASSURANCES CHILD ABUSE REPORTING REQUIREMENTS INTELLECTUAL PROPERTY HISTORICALLY UNDERUTILIZED BUSINESSES CONFLICT OF INTEREST CERTIFICATION OF SOFTWARE, HARDWARE, FIRMWARE, AND MICRO CODE PRODUCTS STANDARDS FOR FINANCIAL AND PROGRAMMATIC MANAGEMENT BONDING FUNDING PARTICIPATION REQUIREMENT ALLOWABLE COSTS AND AUDIT REQUIREMENTS TERMS AND CONDITIONS OF PAYMENT ADVANCE PAYMENTS PROGRAM INCOME OVERTIME COMPENSATION EQUIPMENT AND SUPPLIES CONTRACTS WITH SUBRECIPIENTS CONTRACTS FOR PROCURMENT REPORTS INSPECTIONS RECORDS RETENTION CONFIDENTIALITY OF PROTECTED HEALTH INFORMATION SANCTIONS SANCTION REVIEW BREACH OF CONTRACT CLAIM TERMINATION VOID CONTRACT SEVERABILITY LOCAL HEALTH DEPARTMENT PERSONNEL SURVIVAL OF TERMS CONSTRUCTION OF AMBIGUITIES NO WAIVER OF SOVEREIGN IMMUN/TY CERTIFICATION Paper Publications Number: 29-11834, Revised August 2003 (LGS) GENERAL PROVISIONS 8/2003 Any alteration to this document constitutes a counter-offer and must be approved in writing by the Texas Department of Health. GENERAL PROVISIONS FOR TEXAS DEPARTMENT OF HEALTH SUBRECIPIENT GRANT CONTRACTS ARTICLE 1, Preamble PERFORMING AGENCY and RECEIVING AGENCY (the parties) agree to make and enter into this grant contract (contract), to faithfully perform the duties prescribed by this contract, and to uphold and abide by its terms and provisions. This contract consists of: · RECEIVING and PERFORMING AGENCY identifying data, · Details of Attachment(s), · authorized signatures, · General Provisions, and · Attachment(s). Attachments may include the following elements as applicable: · detailed Scope(s) of Work, · Special Provisions, · budget(s), and · exhibit(s). This contract represents the complete and entire understanding and agreement of the parties. No prior agreement or understanding, oral or otherwise, of the parties or their agents will be valid or enforceable unless embodied in this contract. The terms "shall" and "will" are used interehangeably in this contract. The person or persons signing and executing this contract on behalf of PERFORMING AGENCY, or representing themselves as signing and executing this contract on behalf of PERFORMING AGENCY, warrant and guarantee that he, she, or they have been duly authorized by PERFORMING AGENCY to execute this contract for PERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all of its terms, performances, and provisions. PERFORMING AGENCY assures compliance with this contract, including these General Provisions unless otherwise specified in any Special Provisions of the Attachment(s) to this document. If these General Provisions are revised or replaced during the term of this contract and PERFORMING AGENCY does not consent to comply with the modified General Provisions, PERFORMING AGENCY may exercise its termination options in accordance with the General Provisions, Termination Article. ARTICLE 2. Term The term (time period) of this contract shall be governed by the term(s) of the Attachment(s). No commitment of contract funds is permitted prior to the first day or subsequent to the last day of the term. The term may be renewed, extended or shortened by amendment(s). ARTICLE 3, Funding This contract is contingent upon the availability of funding. PERFORMING AGENCY shall have no right of action against the State of Texas or RECEIVING AGENCY in the event that RECEIVING AGENCY is unable to fulfill its (LGS) GENERAL PROVISIONS 8/2003 Page 1 ARTICLE 6. Debarment and Suspension PERFORMING AGENCY certifies by execution of this contract to the following: · It is not ineligible for participation in federal or state assistance programs under Executive Order 12549, Debarment and Suspension, Feb. 18, 1986, 51 Fed. Reg. 6370; · Neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; · It has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; and, · It is not subject to an outstanding judgment in a suit against PERFORMING AGENCY for collection of the balance of a debt. Where PERFORMING AGENCY is unable to certify to any of the statements in this Article, PERFORMING AGENCY shall attach an explanation. If PERFORMING AGENCY'S status with respect to the items certified above changes during the contract term, PERFORMING AGENCY shall notify RECEIVING AGENCY, immediately. PERFORMING AGENCY shall not contract with a subrecipient nor procure goods or services from a subcontractor, at any tier, which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549. ARTICLE 7. Assurances PERFORMING AGENCY shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. To the extent such provisions are applicable to PERFORMING AGENCY, PERFORMING AGENCY agrees to fully comply with the following: · Title VI of the Civil Rights Act of 1964, 42 USC §§2000d et seq., as amended (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin, and includes the provision for effective communication and equal access to programs, services and activities to persons with Limited English Proficiency (LEP); · Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686, as amended, which prohibits discrimination on the basis of sex; · Section 504 of the Rehabilitation Act of 1973, 29 USC §794(a), which prohibits discrimination on the basis of disabilities and the Americans with Disabilities Act of 1990, 42 USC §§ 12101 et seq., including the provision for effective communication and equal access to programs, services and activities to persons with sensory and speech impairments; · The Age Discrimination Act of 1975, 42 USC §§6101-6107, as amended, which prohibits discrimination on the basis of age; · The Drag Abuse Office and Treatment Act of 1972, 21 USC §§1101 et seq., as amended, relating to nondiscrimination on the basis of drag abuse; · The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (b)(1), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; · Public Health Service Act of 1912, §§523 and 527, 42 USC §290dd-2, as amended, relating to confidentiality of alcohol and drug abuse patient records; · Title VllI of the Civil Rights Act of 1968, 42 USC §§3601 et seq., as amended, relating to nondiscrimination in the sale, rental or financing of housing; (LGS) GENERAL PROVISIONS 8/2003 Page 3 (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." (2) Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans." (3) Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961. (4) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg. 26951. (5) Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§1451 et seq., as amended. (6) Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, as amended, 42 USC §§7401 et seq. (7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§300f-300j, as amended. (8) Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§1531 et seq., as amended. K. The Hatch Political Activity Act, 5 USC §§7321-26, which limits the political activity of employees whose principal employment activities are funded in whole or in part with federal funds. L. The Fair Labor Standards Act, 29USC § § 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§4701 et seq., as applicable, concerning minimum wage and maximum hours. General Appropriations Act, Regular Session, 78th Legislature, 2003, Article §9-6.13, page IX-35, "Limitation on Grants to Units of Local Government." For the purpose of §9-6.13, "unit of local government" shall mean a council of governments, a regional planning commission, or a similar regional planning agency created under Chapter 391, Local Government Code; a local workforce development board; or an MHMR community center. N. Texas Government Code, Chapter 573, relating to nepotism. O. Texas Government Code, Chapter 552, relating to open records and public information. P. Texas Government Code, Chapter 551, relating to open meetings. Texas Occupations Code, Chapter 1701, as amended, and all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, as amended, relating to regulated law enforcement agencies. PERFORIVlING AGENCY shall ensure that the facilities under its ownership, lease or supervision which will be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and shall notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (Executive Order 11738). PERFORMING AGENCY shall comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §§4001-4003, as amended. Section 102(a) requires the purchase of floed insurance in communities where the insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the U. S. Department of Housing and Urban Development as an area having special flood hazards. (LGS) GENERAL PROVISIONS 8/2003 Page 5 If federal funds am used to finance activities supported by this Contract that result in the production of 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 purposes (1) 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 with 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 acknowledgment shall be to the effect that "This publication was made possible by grant number __ from (federal awarding agency)" or "The project described was supported by grant number __ from (federal awarding agency)" and "Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the (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 use, for RECEIVING AGENCY, public health, and state governmental noncommercial purposes (1) the copyright, trademark, 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 PERFORMING AGENCY purchases ownership with grant support. If the results of the contract performance are subject to copyright law, the PERFORMING AGENCY cannot publish those results without prior review and approval of RECEIVING AGENCY. ARTICLE 10. Historically Underutilized Businesses If PERFORMING AGENCY subcontracts a portion of this contract, PERFORMING AGENCY agrees to make a good faith effort to subcontract with HUBs during the performance of its contract Attachment(s) with RECEIVING AGENCY and will report HUB subcontract activity on a quarterly basis to RECEIVING AGENCY. ARTICLE 11. Conflict of Interest PERFORMING AGENCY does not have nor will it acquire any interest that would conflict in any manner with the performance of its obligations under this contract. Potential conflicts of interest include an existing business or personal relationship between PERFORMING AGENCY, its principal, or any affiliate or subrecipient with RECEIVING AGENCY, its board members, officers or employees, or any other entity or person involved in any way in any project that is the subject of this contract. ARTICLE 12. Certification of Softwaret Hardware~ Firmware and Micro Code Products PERFORMING AGENCY certifies that any supplied or supported software, hardware, f'm'nware, and micro code products used individually or together as a system to comply with RECEIVING AGENCY contract requirements shall operate "accurately" in the manner in which they were intended when given a "valid date" containing century, year, mouth, and day. For purposes of this Article, "supplied or supported software, hardware, firmware, and micro code products" does not include software supported by RECEIVING AGENCY or an agency of the federal government. PERFORMING AGENCY is responsible for installing and implementing any versions of any software provided by RECEIVING AGENCY or an agency of the federal government which is used in performance of this contract. (LGS) GENERAL PROVISIONS 8/2003 Page 7 ARTICLE 13. Standards for Financial and Programmatic Management PERFORMING AGENCY shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS and adhere to procedures detailed in RECEIVING AGENCY'S Financial Administrative Procedures Manual (documents available at http://www.tdh.state.tx.us/grants/form_doc.htm). Those requirements shall include at a minimum: A. Financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; Financial management systems including accurate, correct, and complete accounting records, that identify the source and application of funds provided under each Attachment, and that support the information contained in required financial reports; cost source documentation; effective internal and budgetary controls; determination of reasonableness, allowableness, and allocability of costs; and timely and appropriate audits and resolution of any findings; and, Billing and collection policies, including a fee schedule, a system for discounting or adjusting charges based on a person's income and family size, and a mechanism capable of billing and making reasonable efforts to collect from patients and third parties. PERFORMING AGENCY shall bill all third party payers for services provided under the Attachment(s) before submitting any request for reimbursement 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 other federal, state, local and private funding sources. Third party billing functions shall be provided by PERFORMING 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 and its governing body shall bear full responsibility for the integrity of the fiscal and programmatic management. Such responsibility shall include: accountability for all funds and materials received from RECEIVING AGENCY; compliance with RECEIVING AGENCY roles, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self- evaluation and RECEIVING AGENCY'S monitoring processes. Ignorance of any contract provisions or other requirements contained or referenced in this contract shall not constitute a defense or basis for waiving or appealing such provisions or requirements. ARTICLE 14. Bonding PERFORMING AGENCY is required to carry a fidelity bond, insurance coverage or self-insurance equal to the amount of funding provided under the contract Attachment(s) up to $100,000 that covers each employee of PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such funds. The fidelity bond, insurance, or self-insurance shall provide for indemnification of losses occasioned by: 1) any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY'S employees, either individually or in concert with others, and/or 2) failure of PERFORMING AGENCY or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. ARTICLE 15. Funding Participation Requirement PERFORMING AGENCY agrees funds provided through this contract shall not be used for matching purposes in securing other funding unless directed or approved by RECEIVING AGENCY. (LGS) GENERAL PROVISIONS 8/2003 Page 9 PERFORMING AGENCY shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including advance payments from RECEIVING AGENCY. Funding from this contract may not be used to supplant [i.e., use in place of funds dedicated, appropriated or expended for activities funded through the Attachment(s)] state or local funds, but PERFORMING AGENCY shall use the funds from this contract to increase state or local funds currently available for a particular activity. PERFORMING AGENCY shall make a good faith effort to maintain its current level of support. PERFORMING AGENCY may be required to submit documentation substantiating that a reduction in local funding, if any, resulted for reasons other than receipt or expected receipt of. funding under the Attachment(s). RECEIVING AGENCY shall determine whether costs submitted by PERFORMING AGENCY are allowable and reimbursable. If RECEIVING AGENCY has paid funds to PERFORMING AGENCY for unallowable or ineligible costs, PERFORMING AGENCY 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 reimbursement for any ineligible expenditures that PERFORMING AGENCY has not refunded 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 Attachment, active or expired, in amounts necessary to fulfill PERFORMING AGENCY repayment obligations. ARTICLE 18. Advance Payments PERFORMING AGENCY may request a one-time advance for each Attachment only to meet immediate need for cash disbursement. PERFORMING AGENCY shall make the request on a State of Texas Purchase Voucher, accompanied by written justification and supporting documentation as specified in RECEIVING AGENCY'S Financial Administrative Procedures Manual. The advance shall be requested at the beginning of the applicable Attachment period or at a later time in the applicable Attachment period if circumstances so warrant. Approval of the request for advance will be at the discretion of RECEIVING AGENCY. If the request is approved, the voucher will be processed; if disapproved, RECEIVING AGENCY will provide written notification to PERFORMING AGENCY. RECEIVING AGENCY will determine the amount of the advance, if any, by the amount and term of the applicable Attachment(s). For each Attachment, the amount of the advance shall not exceed the amount of the Attachment divided by the number of months covered by the Attachment multiplied by two (2). Advance funds shall be expended during the applicable Attachment term; any unexpended funds must be refunded to RECEIVING AGENCY. If the Attachment is amended to increase or decrease the total amount of funding, RECEIVING AGENCY may adjust the amount of allowable advance in accordance with the above formula. If PERFORMING AGENCY is requesting an upward adjustment, PERFORMING AGENCY shall submit a written justification and State of Texas Purchase Voucher in the amount necessmy to correct the ratio. If the adjustment is downward, RECEIVING AGENCY will determine the amount of adjustment to the advance and the method of repayment. ARTICLE 19. Program Income PERFORMING AGENCY may, but if a local health department shall, develop a fee-for-service system and a schedule of fees for personal health services in accordance with the provisions of Health and Safety Code § 12.031; the Texas Board of Health rules covering Fees for Clinical Health Services, 25 TAC § 1.91; and other applicable laws. No patient may be denied a service due to inability to pay. (LGS) GENERAL PROVISIONS 8/2003 Page purchasing any item of unapproved equipment. If approved, RECEIVING AGENCY will notify PERFORMING AGENCY by means of a written amendment or Attachment Change Notice. PERFORMING AGENCY shall maintain a nonexpendable personal property (equipment) inventory and submit an annual cumulative report (TDH Form GC-11) to RECEIVING AGENCY no later than October 15th of each year. PERFORMING AGENCY shall administer a program of maintenance, repair, and protection of assets under this contract so as to assure their full availability and usefulness. In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the proceeds to repair or replace said assets. If any item of equipment is no longer needed to perform services under the Attachment(s) or becomes inoperable, PERFORMING AGENCY shall request disposition instructions in writing from RECEIVING AGENCY. Upon termination or expiration of applicable Attachment(s) that are not renewed, title to any remaining equipment and supplies purchased from funds under this contract reverts to RECEIVING AGENCY. Title may be transferred to any other party designated by RECEIVING AGENCY. RECEIVING AGENCY may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to PERFORMING AGENCY. ARTICLE 22. Contracts with Subrecipients 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 writing 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 which 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 the premises on which any of the work is performed, in accordance with the Inspections Article contained in this contract; · All clauses required by state/federal statutes, executive orders, and their implementing regulations; and · Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, Uniform Grant Management Standards issued by the Governor's Office, applicable Office of Management and Budget Circulars, and applicable Code of Federal Regulations. PERFORMING AGENCY agrees that all contracts with other subrecipients containing a categorical budget shall include audit requirements referenced in the Allowable Costs and Audit Requirements Article of this contract, as appropriate. PERFORMING AGENCY is responsible to RECEIVING AGENCY for the performance of any subrecipient. PERFORMING AGENCY shall monitor both financial and programmatic performance and maintain pertinent records that shall be available for inspection by RECEIVING AGENCY. (LGS) GENERAL PROVISIONS 8/2003 Page 13 ARTICLE 24. Reports Financial reports are required as provided in UGMS, and PERFORMING AGENCY shall file them regardless of whether expenses have been incurred. For each Attachment, PERFORMING AGENCY shall submit a Financial Status Report, State of Texas Supplemental Form 269A (TDH Form GC-4a) within thirty (30) days following the end of each of the first three (3) quarters. PERFORMING AGENCY shall submit a final financial report on State of Texas Supplemental Form 269A (TDH Form GC4a), not later than ninety (90) days following the end of the Attachment term(s). PERFORMING AGENCY shall submit a State of Texas Purchase Voucher (TDH Form B-13), or any other form designated by RECEIVING AGENCY, with the final financial report if all costs have not been recovered, or PERFORMING AGENCY shall refund excess monies if costs incurred were less than funds received. PERFORMING AGENCY shall submit program and progress reports required by RECEIVING AGENCY in the format agreed to by the parties. PERFORMING AGENCY shall provide RECEIVING AGENCY other reports including financial reports RECEIVING AGENCY determines necessary to accomplish the objectives of this contract and to monitor compliance. If PERFORMING AGENCY is legally prohibited from providing such reports, it shall immediately notify RECEIVING AGENCY. ARTICLE 25. Inspections RECEIVING AGENCY and, when federal funds are involved, any authorized representative(s) of the federal government have the right, at all reasonable times, to inspect or otherwise evaluate the work (including reviews of client or patient records and discussions with staff) performed by PERFORMING AGENCY and its subrecipient(s), if any, and the premises on which the work is being performed. PERFORMING AGENCY and its subrecipient(s) shall participate in inspections and provide reasonable access, facilities, and assistance to the representatives. All inspections and evaluations will be conducted in such a manner as will not unduly interfere with the work. PERFORMING AGENCY and its subrecipient(s), if any, shall give RECEIVING AGENCY, the federal government, and the Texas State Auditor, or any of their duly authorized representatives, access to any pertinent books, documents, papers, and client or patient records, if any, for the purpose of making audit, examination, excerpts, and transcripts of transactions related to this contract. RECEIVING AGENCY will have the right to audit billings both before and after payment. Payments will not foreclose the right of RECEIVING AGENCY to recover excessive or illegal payments. 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 will also be conveyed 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 may result in sanctions which will remain in effect until RECEIVING AGENCY determines the deficiencies are properly remedied. ARTICLE 26. Records Retention PERFORMING AGENCY and its subrecipients and subcontractors shall retain medical records in accordance with 22 Texas Administrative Code (TAC), Part 9, §165.1(b)(c) or other applicable statutes and regulations governing medical information. PERFORMING 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 provisions of this contract, for a period of four (4) years after the termination of the Attachment(s). If an Attachment is funded through Medicaid, the federal retention period, if more than four (4) years shall apply. (LGS) GENERAL PROVISIONS 8/2003 Page 15 or (2) an action taken by a suspending official in accordance with agency regulations implementing Executive Order 12549 to immediately exclude a person from participating in contract transactions for a period, pending completion of an investigation and such legal or debarment proceedings as may ensue. PERFORMING AGENCY costs resulting from obligations incun'ed by PERFORMING AGENCY during a suspension are not allowable unless expressly authorized by the notice of suspension; Disallow (deny both use of funds 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 charges 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 m 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; Conduct accelerated monitoring of PERFORMING AGENCY. Accelerated monitoring means more frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would routinely be accomplished; Require PERFORMING AGENCY to obtain technical or managerial assistance; Disallow requests for reimbursement by disapproving costs or fees submitted for payment or reimbursement by PERFORMING AGENCY; Establish additional prior approvals for expenditure of funds by PERFORMING AGENCY; Require additional, more detailed, financial and/or programmatic repons to be submitted by PERFORMING AGENCY; Demand repayment from PERFORMING AGENCY; Reduce the funding amount for failure to achieve or maintain the proposed level of service, to expend funds appropriately and at a rate which will make full use of the award, or to provide services as set out in the Attachment(s); and, P. Impose other remedies provided by law. (LGS) GENERAL PROVISIONS 8/2003 Page 17 RECEIVING AGENCY'S representative will 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 AGENCY'S representative will notify PERFORMING AGENCY in writing. RECEIVING AGENCY will appoint a reviewer(s), who will review the information, who may permit or require additional information and who may 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 reviewer(s) will send copies of the decision to all parties by any verifiable means. The decision of the reviewer(s) is final and is the final action of RECEIVING AGENCY for purposes of further proceedings. A state statute or rule or a federal statute, regulation 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 30. Breach of Contract Claim Any remedies set out in this contract are in addition to rights and remedies for breach of contract provided by law. ARTICLE 31. Termination Each Attachment shall terminate upon its expiration date unless extended by written amendment in accordance with the Amendments Article. Prior to completion of the Attachment term, all or a part of this contract may be terminated with or without cause as set out below. 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 previously awarded funds. PERFORMING AGENCY costs resulting from obligations incurred by PERFORMING AGENCY after termination of an award are not allowable unless expressly authorized by the notice of termination. Termination does not include: (1) withdrawal of funds awarded on the basis of the PERFORMINGAGENCY'S underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance as of the expiration of an Attachment; (3) refusal to extend an Attachment or award additional funds, to make a competing or noncompeting continuation, renewal, extension, or supplemental award; or (4) voiding of a contract upon determination that the award was obtained fraudulently, or was otherwise illegal or invalid from inception. B. Termination without cause. (1) Either party may terminate this contract with at least ninety (90) days prior written notice to the other party. (2) The parties may terminate this contract by mutual agreement. (3) Either party may terminate this contract with at least thirty (30) days prior written notice to the other party in the event state and/or federal funding for this contract is terminated, limited, suspended, or withdrawn. (4) RECEIVING AGENCY may terminate this contract when, in the sole determination of RECEIVING AGENCY, termination is in the best interest of the State of Texas. C. Termination for cause. (1) Either party may terminate for material breach of this contract with at least thirty (30) days written notice to the other party. (LGS) GENERAL PROVISIONS 8/2003 Page 19 ARTICLE 32. Void Contract RECEIVING AGENCY may hold this contract void upon its determination that the contract award was obtained fraudulently or was otherwise illegal or invalid from its inception. ARTICLE 33. Severability. If any provision of this contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. ARTICLE 34. Local Health Department Personnel All local health department personnel funded by Attachment(s) to this contract are employees of PERFORMING AGENCY which shall be responsible for their direction and control and liable for any of their acts or omissions. PERFORMING AGENCY shall have in place legally sufficient due process hearing procedures for all of its employees filling state-budgeted positions. PERFORMING AGENCY shall have full authority to employ, promote, suspend, demote, discharge, and transfer within its organization any and all state-budgeted personnel funded by Attachment(s) to this contract provided, however, that any demotion, suspension, or discharge of such state-budgeted employees shall be in accordance with the due process hearing procedures as set out above. The only distinction between state-budgeted and local paid employees is that employees on state budgeted positions receive state benefits and axe subject to certain duties, obligations, and restrictions as state employees as contained in state law. One such restriction, as contained in the State Appropriations Act, is that no employee paid on a state-budgeted position may receive a salary supplement fi.om any source unless specifically authorized in the Appropriations Act or other state law. This prohibition includes the payment to such employee of a so-called "flat rate" car allowance or travel allowance. Any travel or per diem allowance to these employees shall be on a reimbursement basis, supported by appropriate records, and shall not exceed the reimbursement for mileage and/or per diem allowed under the Appropriations Act and current state travel regulations. This restriction shall apply whether travel funds axe provided in Attachment(s) under this contract or from any other source. PERFORMING AGENCY shall utilize RECEIVING AGENCY' S policies and procedures for hiring and promoting individuals into state-budgeted positions funded by this contract. Qualifications of any individuals filling these positions will be subject to approval of RECEIVING AGENCY'S Bureau of Human Resources. The purpose of the approval is to ensure that individuals occupying these positions meet minimum educational and experience requirements. PERFORMING AGENCY shall maintain required records and submit documents necessary to process personnel, payroll, leave and time records, and travel costs on state-budgeted positions. RECEIVING AGENCY will furnish documentation regarding salary compensation or travel reimbursement for employees on state-budgeted positions. An independent audit is not required as a condition of this contract if the contract Attachment provides assistance through assignment of state-budgeted positions and no funds are budgeted for local costs. PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to fulfill the scope of work of applicable Attachment(s) in lieu of being furnished state payroll warrants after a state- budgeted position becomes vacant. Reimbursement will not exceed the balance of funds on the state-budgeted position after all benefits, obligations, and/or other entitlements axe met. PERFORMING AGENCY'S Director, or other person(s) authorized elsewhere in this contract, may submit a request for conversion. RECEIVING AGENCY will transmit (LGS) GENERAL PROVISIONS 8/2003 Page 21 DOCUMENT NO. 7460005741-2005 ATTACHMENT NO. 01 PURCHASE ORDER NO. 0000001621 PERFORMING AGENCY: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) RECEIVING AGENCY PROGRAM: TUBERCULOSIS ELIMINATION DIVISION TERM: January 01, 2004 THRU: December 31, 2004 SECTION I. SCOPE OF WORK: PERFORMING AGENCY shall develop and provide: (1) basic services for tuberculosis (TB) prevention and control, and (2) expanded outreach services to individuals of identified sub- groups who have TB or who are at high risk of developing TB throughout PERFORMING AGENCY'S defined service area. 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 unless amended. All documents referenced herein are incorporated by reference and made a part of this contract Attachment. PERFORMING AGENCY shall perform the following activities: Provide basic and expanded outreach services in compliance with RECEIVING AGENCY'S Standard of Performance, Fifth Edition, May, 2003, and the following series of American Thoracic Society (ATS) and Centers for Disease Control and Prevention (CDC) "Joint Statements" on diagnosis, treatment and control of TB: · Treatment of Tuberculosis and Tuberculosis Infection in Adults and Children (American Journal Respiratory Critical Care Medicine, Vol. 149, pp 1359-1374, 1994); · Control of Tuberculosis (American Review Respiratory Disease, Vol. 146, pp. 1623-33, 1992); · Diagnostic Standards and Classification of Tuberculosis in Adults and Children, (American Review Respiratory Disease, Vol. 161, pp. 1376-1395, 2000); Centers for Disease Control and Prevention Screening for Tuberculosis and Tuberculosis in High Risk Populations (Morbidity and Mortality Weekly Report [MMWR], September 8, 1995, Vol. 44, No. RR-11); · Targeted Tuberculin Testing and Critical Care Medicine, Vol. 161, pp. S221-S247, 2000); · Management of Persons Exposed to Multidrug-Resistant Tuberculosis (MMWR, June 19, 1992, Vol. 41, RR-11); · Multidrug-Resistant Tuberculosis (Simone, P.M. & Dooley, S.W., CDC, Publication 00- 6529, 1994); and ATTACHMENT - Page 1 · Recommendations for Prevention and Control of Tuberculosis Among Foreign-Bom Persons (MMWR, Sept. 18, 1998, Vol. 47, RR-16). PERFORMING AGENCY shall comply with the following: · Texas Tuberculosis Code, Health and Safety Code, Chapter 13, subchapter B; · Communicable Disease Prevention and Control Act, Health and Safety Code, Chapter 81; · Communicable Disease 25 TAC, Chapter 97; and · RECEIVING AGENCY'S Quality Cam: Client Services Standards for Public Health and Community Clinics, revised June 1997. PERFORMING AGENCY shall perform all activities in accordance with RECEIVING AGENCY Program's Interlocal Application (ILA) for the Tuberculosis Elimination and Prevention Control Services #T03.0004.1, issued July 1, 2003; any letters or memos with roles, policies or other instructions given to PERFORMING AGENCY, and PERFORMING AGENCY'S objectives, work plan, and detailed budget as approved by RECEIVING AGENCY Program. All of the above named documents are incorporated herein by reference and made a part of this contract Attachment. All revisions to said documents shall be approved by RECEIVING AGENCY Program and transmitted in writing to PERFORMING AGENCY. RECEIVING AGENCY reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. RECEIVING AGENCY Program will monitor PERFORMING AGENCY'S expenditures on a quarterly basis. If expenditures are below that projected in PERFORMING AGENCY'S total contract amount, as shown in SECTION Ili BUDGET, PERFORMING AGENCY'S budget may be subject to a decrease for the remainder of the Attachment term. Vacant positions existing after ninety (90) days may result in a decrease in funds. Within thirty (30) days of receipt of an amended standard(s) or guideline(s), PERFORMING AGENCY shall inform RECEIVING AGENCY Program, in writing, if it will not continue performance under this contract Attachment in compliance with the amended standard(s) or guideline(s). RECEIVING AGENCY may terminate the contract Attachment immediately or within a reasonable period of time as determined by RECEIVING AGENCY. PERFORMING AGENCY'S approved service delivery plan shall meet or exceed RECEIVING AGENCY'S Standard of Performance in the following areas: · Management of Tg Cases and Suspects; · Management of Contacts and Positive Reactors; · Surveillance/Reporting; · Infection Control; · Targeted Testing of High Risk Groups; · Professional Education; and · Patient and Provider Communication. ATTACHMENT - Page 2 PERFORMING AGENCY shall provide a narrative report on their performance goals and objectives screening activities semi-annually in the standard format provided by RECEIVING AGENCY Program. PERFORMING AGENCY shall maintain the documentation used to calculate key outcome performance measures. Reporting dates and applicable periods am: PERIOD COVERED January - June July - December DUE DATE July 31, 2004 January 31, 2005 RECEIVING AGENCY Program shall provide administrative and technical assistance for the implementation and operation of the service delivery plan. PERFORMANCE MEASURES The following key outcome performance measures will be used to assess, in pm, PERFORMING AGENCY'S effectiveness in providing the services described in this contract Attachment, without waiving the enforceability of any of the other terms of the contract. 95% of Cases/Suspects on DOT 92% of Cases completing Therapy · 97% of patients on Physician Ordered DOPT 40% of patients Completing Prescribed Preventive Therapy · 90% of contacts Initially Evaluated · 90% of contacts Receiving 2n'~ purified Protein Derivative (PPD) Test PERFORMING AGENCY shall report on these measures monthly in the format provided by RECEIVING AGENCY Program. In addition, PERFORMING AGENCY shall maintain documentation and report monthly on the support measures defined in the reporting format, which are used to calculate key outcome performance measures. Reports are due the 30th day of the month following the report period. PERFORMING AGENCY shall mail reports to their respective Regional TB Program Manager with copies mailed to: Texas Department of Health, Tubemulosis Elimination Division, Attn: Financial Services Director, 1100 West 49th Street, Austin, TX. 78756-3199. SECTION II. SPECIAL PROVISIONS: General Provisions, Reports Article, is revised to include the following: PERFORMING AGENCY shall develop and submit a service delivery plan and detailed budget justification for continuation of this contract Attachment during the next fiscal year. The plan and budget shall be prepared in the format approved by RECEIVING AGENCY Program; one (I) copy shall be submitted to RECEIVING AGENCY Program and one (1) copy shall be submitted to the Regional Director, no later than 120 days prior to the end of this contract Attachment term. The plan shall describe PERFORMING AGENCY'S service ATTACHMENT - Page 3 delivery and activities toward meeting the objectives outlined in SECTION I. SCOPE OF WORK above, including updated key outcome performance measure targets and a detailed line-item budget justification. PERFORMING AGENCY shall mail all initial reports of confirmed TB cases, suspected TB cases, to RECEIVING AGENCY Program within five (5) working days of identification or notification. Any updates to initial RECEIVING AGENCY'S Report of Cases and Patient Services Form (TB400) (e.g., diagnosis, medication changes, x-rays, and bacteriology) and case closures shall be mailed to RECEIVING AGENCY Program. PERFORMING AGENCY shall mail reports of contacts on all Class 3 TB cases and smear positive Class 5 TB suspects within thirty (30) days of identification using RECEIVING AGENCY'S Report of Contacts Form (TB340). All subsequent contacts shall be mailed as contacts are identified. Refer to the latest edition of Standard of Performance for scheduling of reporting dates. General Provisions, Terms and Conditions of Payment Article, is revised to include the following: Funding from this contract Attachment shall not be used to supplant (i.e., used in place of funds dedicated, appropriated or expended for activities funded through this contract Attachment) state or local funds, but PERFORMING AGENCY shall use such funds to increase state or local funds currently available for a particular activity. PERFORMING AGENCY shall maintain local funding at a sufficient rate to support the local program. If the total costs of the project are greater than RECEIVING AGENCY share set out in SECTION IH. BUDGET, PERFORMING AGENCY shall obtain funds for the remaining costs in order to accomplish the objectives set forth in this contract Attachment. General Provisions, Program Income Article, is revised to include the following: All revenue directly generated by this contract Attachment or earned as a result of this contract Attachment during the term of this contract Attachment is considered program income, including income generated through Medicaid billings for TB-related clinic services. PERFORMING AGENCY may use the program income, excluding program income earned from Medicaid billings for TB drags, to further the scope of work detailed in this Attachment. This program income may not be used to take the place of existing local, state, or federal program funds. Program income earned from Medicaid billings for TB drags, which have been provided by RECEIVING AGENCY Program to PERFORMING AGENCY, must be reported, and reimbursed to RECEIVING AGENCY Program on a quarterly basis as follows: PERIOD COVERED DUE DATE January, February, March April 30, 2004 April, May, June July 31, 2004 July, August, September October 31, 2004 ATTACHMENT - Page 4 [ October, November, December I January 31, 2005 RECEIVING AGENCY Program has provided PERFORMING AGENCY with the format to be used for reporting. All Medicaid reimbursements from PERFORMING AGENCY shall be mailed to: Texas Department of Health, Attention: Tuberculosis Elimination Division, 1100 West 49th Street, Austin, Texas 787576-3199 RECEIVING AGENCY Program will verify Medicaid reimbursements received from PERFORMING AGENCY with the amounts paid by its Medicaid Contractor to PERFORMING AGENCY. Below are the set drug portions rates for the Medicaid billing codes to be utilized during the term of this contract Attachment. PERFORMING AGENCY'S obligation is to reimburse 60.17% federal matching share of the fees. Rate Medicaid Billing Code $168.45 1-8137X, 1-8237X, 1-8437X, and 1-8432X $1.67 1-8118X, 1-8218X, 1-8413X, and 1-8418X $ 32.05 1-8439X and 1-8434X $702.83 1-8450X and 1-8435X A final settlement of the Medicaid reimbursements to RECEIVING AGENCY for TB drugs will be completed no later than ninety (90) days after the contract Attachment term. ATTACHMENT - Page 5 SECTION III. BUDGET: PERSONNEL $63,729.00 FRINGE BENEFITS 25,294.00 TRAVEL 0.00 EQUIPMENT 0.00 SUPPLIES 0.00 CONTRACTUAL 0.00 OTHER 2,500.00 TOTAL $91,523.00 Total reimbursements will not exceed $91,523.00. Financial status reports are due the 30th of April, 30th of July, 30th of October, and the 30th of March. ATTACHMENT - Page 6 ORDINANCE APPROPRIATING GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE AMOUNT OF $91,623.00 TO FUND THE ELIMINATION AND CONTROL OF TUBERCULOSIS IN THE NO. 1066 HEALTH 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 $91,523.00 is appropriated from the Texas Department of Health to fund the elimination and control of tubemulosis in the No. 1066 Health Grants Fund. 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 APPROVED: October 15, 2003 Lisa Aguilar Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE AMOUNT OF $91,$23.00 TO FUND THE ELIMINATION AND CONTROL OF TUBERCULOSIS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept a grant from the Texas Department of Health in the amount of $@1,523.00 to fund the elimination and control of tuberculosis. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: October 15, 2003 Samuel L. Neal, Jr. Mayor Lisa Aguilar ~ Assistant City Attorney for City Attorney 16 CITY COUNCIL AGENDA MEMORANDUM October 10, 2003 AGENDA ITEM: Ordinance abandoning and vacating a 100-square foot portion of a 10- foot wide utility easement in Lot 64, Block 2, Crestmont Unit 10R Subdivision; requiring the owner, Alonzo Cantu, to comply with the specified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. ISSUE: The closure of the 100-square foot portion of utility easement is to correct an encroachment into the easement by the existing house on the property. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at his expense. RECOMMENDATION: Staff recommends approval of the ordinance as presented 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 ADDITIONAL BACKGROUND INFORMATION PURPOSE OFCLOSUREAND BACKGROUND: Urban Engineering, on behalf of Mr. Alonzo Cantu, is requesting the abandonment and vacation of a 100-square foot portion of a 10-foot wide utility easement in Lot 64, Block 2, Crestmont Unit 10R Subdivision to correct an encroachment that was created when a house was constructed within the existing utility easement. The easement to be abandoned and vacated is located in an "R-1B" one-family dwelling district. All public and franchised utilities were contacted. AEP (CPL) has an existing 46.5-foot wide CP&L easement in the same area of the 10-foot utility easement but had no objections to the abandonment. Owner must comply with all AEP conditions and requirements regarding the CPL easement. City is only initiating closure for the utility easement. All private easements that exist are still in force. None of the other city departments and franchised utility companies had any facilities within the utility easement. There were no other objections regarding the proposed utility easement abandonment. Staff recommends payment of the fair market value of $100.00 for the abandonment and vacation of a 100-square foot portion of a 10-foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. h:\...~gen\ag01 \esmt-clo\so-bay.m2 EXHIBIT A 1R 72A 65 67 729 68 69 70 72C 71 BEVECREST DRIVE LOCA'RON MAP 1'-100' ..... 7---LOT 1R. BLOCK 1- 1~' mANS~SS~ UN~ / CR~S1MONT UNIT 8 ~.. m~HT or WAY A~ ~//VOL 51 I:'G. 34 M.R.N.C.T.''7'~" ONLY F=ASEMDIT, ~ ' 416. PG. 482. D.R.N.C.~."~ '(;LAT. N61'13'48'lf0 / N61'13'~'W 53,00' ~ - ~ m -I - - -I- - ~ -~,,Tss<~ -'p,:7- - ~ II ~1 ? .167~. ~ 7.2. O.,.,.C.T.J '. "'~ 'eI OL 2070, P~. I~ D.R.N.C,T: 17.05' YARD ). 5/8' I~ 12' ~ANSMISSION UNE T-g.15' R). 5/6' LOT 65, BLOCt( 2 C~ESIMONT UNIT 1OR VOI- 53, PG. 40-41, M.R.N.C.T. L1 L4 S28'50'00"W 10.00' N61'30'OO"W 10.00' N28',:30'OO"E 10.00' S61':~'00'E 10.00' MAP TO ACCOMPANY EXHIBIT C FIELDNOTES FOR THE'~LOSURE OF A PORTION OF A 10.00 FOOT W1DE UTILITY EASEMENT OUT OF LOT 64, BLOCK 2, CRESTMONT UNIT 1OR, A MAP OF WHICH IS RECORDED IN VOLUME 5,3, PAGES 4.0-41, MAP RECORDS OF NUECES COUNTY, TEXAS. I ~ 1 DATE.:, SEP'il~MBER 8~ 2OO3 SCALE: 1"-20' JOB NO. 39224..00.00 ' DRA~I BY: S~ AN ORDINANCE ABANDONING AND VACATING A 100-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT IN LOT 64, BLOCK 2, CRESTMONT UNIT 10R SUBDIVISION; REQUIRING THE OWNER, ALONZO CANTU, TO COMPLY WITH THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 100-square foot portion of a 10-foot wide utility easement in Lot 64, Block 2, Crestmont Unit 10R Subdivision, as recorded in Volume 53, Pages 40-41, Map Records Nueces County, Texas, that the owner, Alonzo Cantu, (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 said portion of the utility 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 100-square foot portion of a 10-foot wide utility easement in Lot 64, Block 2, Crestmont Unit 10R, as recorded in Volume 53, Pages 40-41, Map Records Nueces County, Texas is abandoned and vacated for public use as utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Payment of the fair market value, appraised at $100.00, for the abandonment and vacation of the lO0-square foot portion of the utility easement. That the Owner replat the portions of Crestmont Unit 10R being abandoned and vacated within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances 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 21st day of October, 2003. H:\LEG -DIR~Joseph\ORD-crestmont.doc 17' AGENDA MEMORANDUM October 15, 2003 AGENDA ITEM: Motion approving the reimbursement application submitted by So-San Corporation, Owner and developer of Victory Park Units 6 and 7 subdivisions, for the installation of 743 linear feet of a 12-inch PVC water grid main; and lb. Ordinance appropriating $22,535.36 from the Water Artedal Transmission and Gdd Main Trust Fund No. 4030-21805 to reimburse the developer for the installation of 743 linear feet of a 12-inch PVC water gdd main to develop Victoda Park Units 6 and 7 Subdivisions; and declaring an emergency. 1c. Ordinance authorizing the City Manager or designee, to implement the Street Construction Participation Agreement between the City and So-San Corporation in the amount of $11,064.06 for construction of street improvements to Oso Parkway; and declaring an emergency. ISSUE: So-San Corporation, owner and developer of Victoria Park Units 6 and 7 Subdivisions, has completed construction of public improvements required to plat and is requesting reimbursement of the installation of a water grid main and street improvements in accordance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motions and ordinance as presented. Marg' C. R Assistant City Manager/Interim Director Development Services A'I-rACHMENTS: Exhibit A Exhibit B Exhibit B-2 Exhibit C Exhibit C-2 Background Information Waterline Reimbursement Application Location Map-Waterline Street Participation Agreement Location Map-Street Construction II AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Victoria Park Units 6 and 7 Subdivisions required a total extension of 743- linear feet of a 12-inch PVC water line along the north side of Oso Parkway. The water line ties to the existing 12-inch water line previously installed to the common property line of Block 19, Lot 14, Victoria Park Unit 5 and Block 19, Lot 15, Victoria Park Unit 6 (see Exhibit "B-2" - Location Maps). The 12-inch water line is required by the City's Distribution System Master Plan and is eligible for reimbursement as a water grid main in accordance with the Platting Ordinance. The total cost submitted by So-San Corporation, owner and developer of Victoria Park Units 6 and 7 for the installation of 743-feet of 12-inch PVC water line is $ 22, 536.36. So- San Corporation has paid the City all required Water Distribution System Acreage/Lot Fees. Therefore, the total reimbursement owed to So-San Corporation for the installation of 743-feet of 12-inch PVC water line is $ 22,536,36. In addition, the development and the platting of Victoria Park Units 6 and 7 required construction of Oso Parkway to provide access to the new development. Typically, the platting process requires the developer to pay the total cost of public improvements associated with the development. In this particular case, a portion of the Oso Parkway improvement associated Victoria Park Units 6 and 7 abuts dedicated City Park lands. The City, as specified by the Platting Ordinance, Section IV, Subsection G.2.j., may be required to participate in the cost of street construction. A Participation Agreement is pending between the City of Corpus Christi and So-San Corporation, subject to City Council approval, allowing the developer to proceed with the construction of the street improvements for and in behalf of the City abutting the section of Park dedicated lands. (See exhibits C, C-2). The participation agreement states the City shall reimburse the Developer for the City's shars of the cost of public improvements. The actual costs of the City's share for the improvements are $11,064.06. The Public improvements assignable to the City for reimbursement are: Waterline: Installation of 743-linear feet of 12-inch PVC water distribution main and associated appurtenances along Oso Parkway. The 12-inch water line is eligible for a reimbursement of $ 22,536.36. Page 1 of 2 Street Improvements: City's share for Oso Parkway improvements, includes 244 square yards of two-inch hot mix ashpaltic concrete, 8-inch cement stabilized compacted caliche, 10-inch lime stabilized compacted subgrade, 118-feet of 6-inch curb and 928-square-feet of 8-feet concrete sidewalk. The street improvements are eligible for a reimbursement of $11,064.06 Developer has submitted a waterline and street improvement reimbursement request. City Acceptance: All work is completed and the waterline and street improvements have been inspected and accepted by the City. Funding: Funds for the developer reimbursement are available in the Water Distribution Main Extension Trust Fund and the Street Capital Improvement Fund. Application for reimbursement has been made in accordance with provisions of the Platting Ordinance. The Application for waterline reimbursement and supporting cost documentation are attached. CITY ACCEPTANCE: All work is complete, and the waterline improvements have been inspected and accepted by the City for operation and maintenance. I ExhibitA I Page 2 of 2 APPLICATION FOR WATERLINE REIMBURSEMENT I, Greq Voisin , owner and developer of proposed Victoria Park Units 6 and 7 Subdivision, hereby request reimbursement of $ 22,536.36 for the installation of the water grid main in conjunction with Victoria Park Units 6 and 7 Subdivision, as provided for by City Ordinance No. 17092. Said $ 22,536.36* is the construction cost, including 7-1/2% engineering, including y~ Corpo~tion This instrument was acknowledged before me on ~ I~' ? President of So-San Corporation. the IotJa?¥eage fee, as shown by the cost supporting documents attached herewith. - (Dat~) ' ICATION ,2003, by ', T~^-'-~ My c.,omm~sion is permanent. The information submitted with the application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Grid Arterial Mains Trust Fund and (b) appropdaf~ and approval by the City Council. & wl£ I Dj~/~ct~r of Engineering "(Gte) (~ty Engineer) *NOTE: Unit 6 and Unit 7 lot/acreage fee paid. EXHIBIT B Eng: Murray F. Hudson Date: 6-16-03 By: C.R.R. Job No. 8640.07.00 FINAL ESTIMATE for V~CTORZA PARK UNTrS 6 AND 7 WATERLINE CRED~r/RETIqBURSEH ENT ITEM DESCRIPTION FINAL UNIT UNIT TOTAL QUANTITY PRICE COST WATER IMPROVEMENTS: 1 12" PVC C-900 743 LF $19.00 $14,117.00 2 12" Gate Valve and Box 4 EA $1,050.00 $4,200.00 3 12"x6" Ductile Iron Tee 4 EA $325.00 $1,300.00 4 Tie to Existing Waterline 1 EA $750.00 $750.00 5 12" Cap with 2" Blowoff Valve and Riser 1 EA $500.00 $500.00 WATER SUB-TOTAL: $20,867.00 ENGINEERING FEE: $1,669.36 TOTAL: $22,536.36 Paid Water Distribution System Acreage/Lot Fees Victoria Park Unit # 6 $5,952.00 Victoria Park Unit # 7 $6,912.00 Reimbursement at full value* $22,536.36 * Note the fees for both uni~-w~r~ p~i~l~a~ the time of Plat fllingl Therefore the credit is not subtracted. Urban Engineering 2725 Swanther Corpus Christi, TX 78404 1-361-854-3101 EXHIBIT B-1 1 of 1 · ~.lllillliilllllll II~ '~, ~',,J I LOT 23 LOT ~ 5 ~r~ P~ u~ ~ ~ ~ ~ ~ 2) TOT~ 296 ~. ~J , t UNIT 7 : ,~ / S~le: f~GO' ~C TORIA PARK UN/TS G ~ 7 LOCA NON MAP EXH~,IT B-2 Sco/e: none 12" ~A ~RLINE REIMBURSEMENT ~ D~PI' of Engineering Ser~ces TOTAl.: 447 LF PVC THIS UNIT. PVC C-900 12 12'x~' DJi TEE~ k,_ 98'x6" PVC --~C-900 ~i ~o /t~"..~. c-~ UNIT ~CTORIA PARK UN/TS 6 & 7 EXHIBIT B-2'! k, 12 WA TERLINE REIMBURSEMENT sh.t 2 o, 2) L OCA T/ON MAP ..Ccal~' none Dept. of £ng/neer/ng Services City of Corpus Christi Planning~epa~ente, .' ~ ~ Prepared Xerox/Postage (6061) Zoning Fees,q/erification (6062) PI Piatting Fees (6063) PJ ~6064) PK ~rints"Ma,, p, ~ er als GIS Fees \Vater Acreage/Lot Fee$., (1465) {~'~,,. "' ~ , /50 Fe~;~.~ 0475) Water Pro Rata Fees (1470) Sewer Pro Rata Fees (1480) Street Lighting Fees (3075) TOTAL, Original - Customer Pink -Copy for Department Yellow - Central Cashiering K ^21 L1 t:.. 014220 $ 24,046.68* LOAN PROCEEDS MEMO Advance _ So -an SCorp. UA L 11■01422la Qn■ I:iIL9032841: 0LOL0942L131011' 5,50 DOLLARS 33590 rnreasrnnisn,,x iwcsnxss URBAN ENGINEERING 4-72 P. o. Rox sass AmencanB.lnk CORPUS CHRISTI, TX 78411 ea zze/Uas ` June_25,_200)_ Cay of Corpus Chr st Planning Department XeroxJPostage (6061) Zoning Fees/~Veri fication (6062~ Platting Fees (6063) Blueprints/Maps/Aerials 16064) Zoning Ord./Platting Ord./ADPs (6135) PL Sales 'Fax (6580) F',~t'c;, Statemmn~s/Pop. IX4SA (6554) lOver/Sh°rt ~'ater Acreage/Lot Fees (1465) Sewer Acreage/Lot Fees (1475) ~ ~ ~ 0480) TOTAL :: : Original - Customer Pink ~Copy for Department Yellow - Central Cashiering PARTICIPATION AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi (City), a Texas Home Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Nueces County, Texas and So-San Corporation (Developer), a Texas Corporation, 640 Trillium Drive, Kitchener Ontario, Canada N2H6M3 WHEREAS, Developer has proposed a residential subdivision known as Victoria Park Unit 6, a 8.636 acre tract of land out of Lots 25 and 26, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; and WHEREAS, Developer has submitted a plat, in compliance with the provisions of the City Platting Ordinance, Section IV, Subsection~ which dedicates a portion of Victoria Park Unit 6 for use as Parks and Playgrounds; and ~ ~.l~.lt NOW, THEREFORE, in order to provide a coordinated land development and street construction project, the City and Developer agree as follows: Developer will construct certain improvements for and on behalf of the City including pavement and sidewalks on Oso Parkway which bounds the above described dedicated park, as depicted in exhibit 'A'. The improvements will be constructed in accordance with the plans and specifications approved by the City Engineer. This Agreement will be null and void if the subdivision construction authorized by the approved plans and specifications is not completed within the time limits specified in the City's Platting Ordinance or if not constructed per the approved plans and specifications; the construction will then be contracted for and financed completely by the Developer. For Victoria Park Unit 6, the total estimated cost of the City's share of public street improvements, as depicted in Exhibit B is $11,064.06. The City's share will be adjusted according to the actual construction cost after completion of the work, but in no case will the City's share exceed the estimated amount of $ 11,064.06. The City's payment to the Developer will be made after completion and acceptance of all subdivision improvements by the City Engineer. The City shall reimburse the Developer for the City's share of the cost of public improvements for this development in the following manner: a. Upon recordation of the final plat of Victoria park Unit 6, and final acceptance of public improvements by the City Engineer, the Developer will be paid for actual costs of the City's share, not to exceed $11,064.06, of the required public improvements no later than 60 calendar days from the date of final acceptance by the City Engineer. Developer must indemnify and hold harmless the City, its' agents, officers and employees (Indemnities) from all suits, actions or claims and from all liability for any and all injuries or damages sustained by any person, including, without limitation, workers compensation, personal injury or death, arising from or incident to this street construction developer agreement, regardless of cause or of any concurrent or contributing fault or negligence of Indemnities, including Indemnities' sole negligence. Participation Agreement - Victoria Park Unit 6 So-San Corporation Page 1 of 2 EXHIBIT C roi2 The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete as part of this Agreement, the Disclosure of Ownership interest form attached hereto and labeled Exhibit 'C'. The Agreement becomes effective and binding upon and inures to the benefit of the parties hereto and their heirs, successors, and assigns from and after the date of execution. EXECUTED 1N TRIPLICATE originals, this __ ATTEST: By:. City Secretary APPROVED: [~ Day of 2003 day of CITY OF CORPUS CHRISTI By:. 2003. ~, City Manager George K. Noe OWNER: SO-SAN CORPORATION Assisdant City Attorney This instmment was acknowledged before me on the I'~ d~ay of ~-~'~-- , 2003, by Greg Voisin, President of So-San Corporation, a Tex~e.half of~qf_aaid-~oration. Pubhc COUNTY OF NUECES This instrument was acknowledged before me on the __.day of ,2003, by George K. Roe as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. dgr~tor of Engineering (City Engineer) Notary Public Participation Agreement - Victoria Park Unit 6 So-San Corporation Page 2 of 2 EXHIBIT C Eng: Murray F. Hudson Date:6-16-03 By: C.R.R. Job No. 8640.07.00 FINAL AMOUNT for VZCTORZA PARK UNZT 6 PARK PARTZCIPATZON ITEM __ DESCRIPTION FINAL UNIT UNIT TOTAL QUANTITY PRICE COST A. PAVING IMPROVEMENTS: 1 Clearing and Grubbing 0.13 AC $400.00 $52.00 2 Excavation 305 CY $2.50 $762.50 3 2" HMAC Including Prime Coat 244 SY $6.50 $1,586.00 4 8" Cement Stabilized Compacted Catiche 244 SY _~ _ $6.00 $1,464.00 5 10" Lime Stabilized Compacted Subgrade ...... 285 SY $3.00 $855.00 6 6" 'L' Curb 118 LF $7.50 $885.00 7 8' Concrete Sidewalk 928 SF $5.00 $4,640.00 PAVING SUB-TOTAL: $10,244.50 ENGINEERING FEE: $819~56 $11,064.06 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361 ~854-3101 EXH~BIT C-1 Sheet 1 of I I LOT21 ~ LOT 22 LOT 23 LOT24 LOT15 , I ~ .*r~, ~-~--__ .~- ___~___~- ~ I ~/ -- - =- -Tx ' ~x'q LOCA T/ON MAP ~~~~CITY PARK ,~,¢/~"~ '"*"~L~- ~ __ $c0/e: none _.ELLA _I~I~,RNES - ~o~--I ;o;~--- I a.. -I- ;o~ [EI-E~ENTARY SCHOOLJ FLOUR BLUFF & ENCINAL FAEM & GARDEN /~,ACTS , :, -' ~ ~ WHISTLER DRIVE ..~ ARK ,, ,,,, ~,,. _: ~ ~ ', ". ";,,, ";,,,},, ¢' VICTORIA PARH~ ..~ [ ] / /) , ',, ,' "* \ UN T 5 VICTORIA PARK UNIT 5 ~ "}t'- -'' - Soo/e: lO0 ~--"'~., ,-.nur,~m"~ ~ I ,,,¢; ,. 118 LE~.,I/2 STREET PARK - ~ ,~ , ~ r, LOT ,5 , ,,e'..- '~ ,! o ,'.i~ ~ a"4z ~.... . ..4- , ,- R) ,..:. . . ~ ,,, ~.,.. ©, CITY PARKPAP T/C/PA T/ON L OCA T/ON MAP EXHIBIT C-2 FOR 1~2 OSO PARKWA Y, soo... ~hee( 1 o¢ f VIC TORIA PARK UN/T G Dept. of Engineering Services (361)854-3101 P.O, BOX 6355 · CORPUS CHRISTI, TEXAS 78466-6355 Job No. 8640.07.00 FAX (361)854-6001 October 7, 2003 Mr. Walter Jardn Engineer II City of Corpus Christi P.O. Box 9277 Corpus Christi, TX. 78469 Subject: Victoria Park Unit 7 Dear Walter: Transmitted herewith for the subject project is the reimbursement package with correct City Manager's name on Page 2 of Exhibit C as per your request. Please call should you require any additional information. Sin,,~e rely, ~ Euger~(~ Urban, Jr.,p.~r. ~ ECU/sst Enclosure 2725 SWANTNER DR. * CORPUS CHRISTI, TEXAS 78404 mail@urbaneng,cam AN ORDINANCE APPROPRIATING $22,536...'3b FROM THE WATER ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND NO. 4030- 21805 TO REIMBURSE THE DEVELOPER FOR THE INSTALLATION OF 743 LINEAR FEET OF A 12-INCH PVC WATER GRID MAIN TO DEVELOP VICTORIA PARK UNITS 6 AND 7; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $22,536.00 from the Water Arterial Transmission and Grid Main Trust Fund No. 4030-21805 is appropriated to pay developer (So-San Corporation) reimbursement request for the installation of 743 linear feet of a 12- inch PVC water grid main to develop Victoria Park Units 6 and 7. 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 shall take effect upon first reading as an emergency this the 21st day of October, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L Neal, Jr. Mayor APPROVED ~c~-~/~ ,2003. By: Josepl¥'Harney 0 Assistant City Attorney For City Attorney ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO IMPLEMENT THE STREET CONSTRUCTION PARTICIPATION AGREEMENT BETWEEN THE CITY AND SO-SAN CORPORATION IN THE AMOUNT OF $11,064.06 FOR CONSTRUCTION OF STREET IMPROVEMENTS TO OSO PARKWAY;AND DECLARING AN EMERGENCY NOW THEREFORE, BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the City Manager, or designee, is authorized to execute a Participation Agreement with So-San Corporation, a Texas corporation, for construction and installation of street improvements on Oso Parkway, in the amount of $11,064.06, this being the City's share. 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 shall take effect upon first reading as an emergency this the 21st day of April, 2003. Aq-I'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secreta~ Samuel L. Neal, Jr. Mayor APPROVED ~/-_-~.~ ,/~ ,2003. By: Josepl-~a-rney Q Assistant City Attorney For City Attorney 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Octoberl4,2003 AGENDA 1"1'EM: a) Public hearing to consider text amendment to the Zoning Ordinance related to the "I-2' Light Industrial District, by adding Subsection 20-3 Objectionable Use; authorizing storage of explosives used for perforating or fracturing (fracing) oil and gas well casing only upon approval of the Zoning Board of Adjustment and issuance of Federal Explosives Permit and City Fire Marshal Permit. b) First Reading - Ordinance approving text amendment to the Zoning Ordinance related to the "I- 2" Light Industrial District, by adding Subsection 20-3 Objectionable Use; authorizing storage of of explosives used for perforating or fracturing (fracing) oil and gas well casing only upon approval of the Zoning Board of Adjustment and issuance of Federal Explosives Permit and City Fire Marshal Permit. BACKGROUND: Over the past several months during 2003, the City Fire Marshall has conducted inspections of businesses that stored explosives on premise as a function of their operation. As part of the inspection procedure, the Fire Marshall has to verify the required zoning classification for businesses that store explosives. Such businesses are to be located in an "~'-3' Heavy industrial District, as outlined in the Zoning Ordinance and Fire Code. in addition, explosives are further identified as "Objectionable Uses" in the Zoning Ordinance, thereby, requiring approval by the Zoning Board of Adjustment. As a result of the inspection, seven (7) businesses, related to the oil and gas industry, were not located within the required "I-3" District and nine (9) businesses had not received review or approval from the Zoning Board of Adjustment for the explosive use (see attached map). The Fire Marshall has not completed his inspection of all businesses with explosives, but he is continuously working with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATFE) to obtain a complete listing of such businesses. On August 28, 2003, the City Fire Marshall and Planning Staff visited several sites to visually investigate how businesses, related to the oil and gas industry, store their explosives. Typically, explosives are maintained in locked magazines within a structure or outside with protective berms. Sites visited were located in areas primarily developed as industrial or in isolated areas not in proximity to residences. Businesses specifically identified to benefit from this text amendment are those related to the oil and gas industry, since the "I-2" District permits limited oil and gas uses within the district. Most of the businesses identified have been in operation for numerous years and are located in an "I-2" Light Industrial District. It is staff's opinion that after receiving ATFE's report, other businesses with explosives related to the oil and gas industry will be identified within the "I-2" District rather than the "I-3" District. The zoning district required for businesses with explosives, not related to the oil and gas industry, will remain in the "I-3" District. ISSUE: The Fire Marshall assessed that numerous businesses with explosives related to the oil and gas industry, were in the "I-2" Light Tndustrial District that did not allow such use; thereby, the businesses were not in conformance. The zoning text amendment will allow such business within the "T-2" District as an Objectionable use requiring Zoning Board of Adjustment approval and permits issued by ATFE and the Fire Marshal. City Council Agenda Memorandum October ~.4, 2003 Page 2 REQUTRED COUNCIL ACI~ON: City Council is requested to approve the proposed text amendment to the Zoning Ordinance related to the "I-2" Light Industrial District, by adding Subsection 20-3 Objectionable Use; authorizing storage of explosives used for perforating or fracturing (fracing) oil and gas well casing only upon approval of the Zoning Board of Adjustment and issuance of Federal Explosives Permit and City Fire Marshal Permit. PREVIOUS COUNCIL ACTION: None FUNDING: None CONCLUSION AND RECOMMENDATION: Planning Commission and Staff recommend approval of the proposed text amendment to the Zoning Ordinance related to the "[-2" Light Industrial District, by adding Subsection 20-3 Objectionable Use; authorizing storage of explosives used for perforating or fracturing (fracing) oil and gas well casing only upon approval of the Zoning Board of Adjustment and issuance of Federal Explosives Permit and City Fire Marshal Permit. Iw Attachments: Location Map of Businesses with Explosives Related to Oil & Gas Proposed Text Amendment Ordinance (H:WORD\PLNR\SHARED\FGM\FORMS\AGENDAMEMORANDUM.FRM.DOC) ACTIVE EXPLOSIVE LICENSEE LOCATIONS Location Code Company Address ~3p Code I Owen 0il Tools 1841 Sunt~le 78409 0 1,25 2.5 5 7.5 Source: Department of Development Services MDN 09/05/2003 Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 20, "1-2" LIGHT INDUSTRIAL DISTRICT REGULATIONS, BY ADDING SUBSECTION 20-3 OBJECTIONABLE USE; AUTHORIZING STORAGE OF EXPLOSIVES USED FOR PERFORATING OR FRACTURING (FRAClNG) OIL & GAS WELL CASING ONLY UPON APPROVAL OF THE ZONING BOARD OF ADJUSTMENT AND ISSUANCE OF FEDERAL EXPLOSIVES PERMIT AND CITY FIRE MARSHAL PERMIT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 24, 2003, during a meeting of the Planning Commission, and on Tuesday, October 14, 2003, 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 has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 20,"1-2" Light Industrial District Regulations, by adding a new Subsection 20-3 Objectionable Use and renumbering former Subsection 20-3 et seq., to read as follows: "ARTICLE 20. LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the "1-2" Light Industrial District. This district is intended primarily for light manufacturing, fabricating, warehousing and wholesale distributing in high or Iow buildings with off-street loading and off-street parking for employees and with access by major streets or railroad in either central or outlying locations. Section 20-30biectionable Use. The following use, having accompanying hazards, such as fire or explosion may, if not in conflict with any law or ordinance in the City of Corpus Christi, be located in the "1-2" Light Industrial District only after the location and nature of this use has been approved by the Board of Adiustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not H:\LEG~D~R\D~y~eD~urtis\MYD~2~3\P&Z~RD~3~ning~rd\D~YLE~2~3\Sec2~-3~bjU se. DC082503.Ord.doc Page 2 of 4 permit this use until it has been shown that the public health, safety, morals, and Reneral welfare will be properly protected, and that necessary safe.quards will be provided for the protection of surroundin.q property and persons. The Board in reviewin.q the plans and statements shall consult with other a.qencies created for the promotion of public health and safety. (1) The stora.qe of explosives used for perforating or fracturing (fracin.q) oil and Ras well casin.q, provided that the stora.qe has been authorized by permit issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 20 3 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-4-20-5 Off-street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 20 5 20-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: _30 ~.O4. 20-6.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-IA", "R-lB", "R-2", "A-I", "A-IA", or "A-2" residential district. 20 E.O-3 20-6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R-IA", "R-lB", "R-2", "A-I", "A-lA", or "A-2" residential district. 20-5.03 20-6.03 Whenever any building in the "1-2" Light Industrial District adjoins or abuts upon a residential district, such building shall not exceed three stories nor 45 feet in height, unless it is set back one foot from all required yard lines abutting such residential district for each foot of additional height above 45 feet. 29-6,94 20-6.04 Whenever any building or structure, including but not limited to a bird coop, cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1-2" Light Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district. (1) A Farm-Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of at least one acre used to hold livestock, such as cattle and horses. H:\LEG-D~R\D~y~eD~Curtis\MYD~S~3\P&~RD~3~Z~ning~rd\D~YLE~3\Sec2~3~bjUse.D~825~3~rd.d~c Page 3 of 4 Section 20 $ 20-7 Supplementary height and area regulations are contained in Article 27. SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or prevision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\LEG~D~R\D~y~eD~urtis\MYD~S~2~3\P&~RD~3~ning.~rd\D~YLE~3\~ec2~3~bj~se~D~825~3~rd~d~c 19 NO ATTACHMENT FOR THIS ITEM 20 NO ATTACHMENT FOR THIS ITEM 21 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on the Neighborhood Initiatives Program, FY 2003-2004 STAFF PRESENTER(S): Name Title/Position 1. Margie Rose Assistant City Manager Department City of Corpus Christi ISSUE: Update report on the Neighborhood Initiatives Program (NIP) to include a brief overview of the program objectives and purpose; a summary of the "pilot" NIP program in the Cunningham and Chula Vista Neighborhood; and the strategy for the NIP FY 2003-2004 Program. BACKGROUND: A "pilot" Neighborhood Initiatives Program was successfully executed and completed in the Cunningham and Chula Vista Neighborhood, April - July 2003. City Council approved funding for continued NIP activities under the Livable Neighborhoods Project efforts in the FY 2003-2004 Budget. REQUIRED COUNCIL ACTION: No City Council Action required. This presentation is for information purposes. Assistant City Manager Additional Background Exhibits Corpus Christi Corpus Christi 2003 Neighborhood Initiative Program Several years ago, Mayor and City Council established "neighborhood clean-up" as a top priority throughout the community. Staffwas instructed to develop innovative methods to improve the conditions o f many of our City's neighborhoods. In an effort to develop methods to improve our neighborhoods, City staff conducted research and toured San Antonio, Arlington, and Dallas to review their neighborhood programs. The site visits to other Texas cities afforded staff an opportunity to view other community clean-up programs and create a project to meet the needs of the Corpus Christi Community. Due to its high priority standing with the Council, staffdeveloped and initiated a "pilot" Neighborhood Initiatives Program (NIP) in one of the City's neighborhoods to determine if the program would meet the objectives established by Council. The program was tested in a 10-20 block area bound by Crosstown Expressway, Gollihar Road, Home Road, and Greenwood Drive known as the Chula Vista area. During a 3-4 week period in May 2003, approximately 10 city departments assisted Chula Vista residents in a concentrated clean-up of the area. As part of the initial program plan, the City provided the following: · Conducted a pre-assessment of the area to determine conditions or needs in the area before meeting with the citizens; · Met with Chula Vista area residents at Cunningham Middle School to gain an insight into residents concerns and problems as they related to the clean-up of their neighborhood; · Conducted an extensive, customized clean-up action plan based on the concems raised by neighborhood residents; · Maintained a command post throughout the project that served many functions; · Conducted a follow-up meeting with the citizens to explain the work performed during the project and to receive feedback; · Addressed issues that were not resolved and future plans for resolution; and · Established an open line of communication with neighborhood residents The hard work and coordination of the City departments paid off with great success. At the project's completion, it proved to be very beneficial to residents who were left with a cleaner and safer neighborhood, as well as the tools and knowledge to maintain their neighborhood. For staff, the success proved the program's possibility and its role in creating cleaner neighborhoods. Staff recommended the NIP project be incorporated into the 2003-2004 fiscal budget. During the budget process, Mayor and Council were pleased with the outcome associated with the "pilot" program and approved the project to become part of the FY 2003-2004 budget with an allocation of $765,000 towards the Livable Neighborhoods Project. The Neighborhood Initiatives Program was approved under the Livable Neighborhoods Project. The Livable Neighborhood Project consists of the Neighborhood Initiatives Program (NIP), the Neighborhood Operation Clean-up (NOC), and the Environmental Court. Funding is provided through an increase in the Municipal Solid Waste Services Service Charge (MSWSSC) and Community Development Block Grant funds (CDBO). The Neighborhood Operation Clean-up (NOC) represents a broader deployment of efforts to address litter and nuisance related code violations on an ongoing basis. Elements of this program include enhanced lot mowing, increased funding for demolition, funding for the "Assistance Team" and general Clean-up, as well as enhanced enforcement of code violations. The Environmental Court will address an anticipated increase in code violation citations filed in Municipal Court through enhanced enforcement by four (4) additional Code Enforcement Officers. The NIP and NOC programs will work in conjunction with each other. The NIP program will be directed by a Project Manager, two (2) Project Coordinators, and one (1) Part- time Support Staff. During large projects or periods of intense clean-up, the NIP Project Coordinators may also call upon the assistance of the Code Enforcement Officers and the Equipment Operators. (See Figure 1) Neighborhood Initiatives Program (1) Project Manager (2) Project Coordinators (1)PT Support Staff Livable Neighborhoods Neighborhood Operation Clean-up (4) Additional . Code Enforcement Officers "Assistance Team" (3) Equip. Operators Figure 1 Environmental Court (l) Judge Support Staff The NOC portion provides additional staffing and resources for the Code Enforcement Division of the Neighborhood Services Department and will assist the NIP program during concentrated project activities. (See Figure 2) Neighborhood Operation Clean-up (NOC) · 4 Code Enforcement Officers * 3 Equipment Operators · Funds for Demolition · Funds for Clean-up · Funds for Equipment Figure 2 Additional Resources By working in conjunction with each other, the NIP and NOC programs remove service duplication and assist in the coordination efforts of various City departments. The NOC program will provide the resources necessary to support the NIP program as well as ' provide the necessary assistance throughout the community. In turn, the NI~' program will provide tangible results to the community at the neighborhood level that residents can easily identify with. At the administrative level, coordination efforts will require timelines and scheduling of various City departments. Listed below you will find the 2003-2004 Fiscal Implementation Process for the Neighborhood Initiatives Program. Implementation Process September 1, 2003~July 31, 2004 Mission Statement The mission of the Neighborhood Initiatives Program (NIP) is to improve the living conditions of our community by furthering the efforts aimed at neighborhood revitalization while concentrating on customer oriented services and feedback. September~ 2003 Establish a Selection Committee This internal committee will be a standing committee, which will recommend the location of neighborhoods to consider cleaning up on an annual basis. The committee will consist of the Assistant City Manager for Development Services, Project Manager for NIP, Neighborhood Services Director, Police Captain in Charge of Directed Patrol officers, Director of Solid Waste, Project Coordinators, Public Information Office, and the Director of the Health Department. The sites will be selected based on prevalent problems such as code violations, health issues, animal control, condition of vacant lots, vacant structures, crime, etc. All sites will be within middle school boundaries. After the first program year, the standing committee will recommend neighborhood sites for clean-up in July of each year. Work in Progress and Assigned Tasks Initially, during the first program year, staff will aggressively work to accomplish the following tasks: Hire needed staff (2) Project Coordinators (1) Support Staff (4) Code Enfomement Officers (3) Equipment Operators Purchase necessary equipment (4) Vehicles for Code Enforcement Officers (2) Brush trucks for Equipment Operators · Training and Staff Development The additional Code Enforcement Officers in the NOC program will each be assigned to different areas of the City and may be called upon to assist when the Neighborhood Initiatives Program is underway. The three Equipment Operators will make up the "Assistance Team" which will in essence be the backbone of the project. Traditionally, too much reliance was placed on Street and Solid Waste Departments pulling their much needed manpower and resources from other areas of the City. With the additional equipment and manpower, Neighborhood Services will now only rely on Street and Solid Waste as backup when the equipment or manpower is needed. Many of the staff to be hired will already have practical, if not, hands on experience in areas such as Neighborhood Services, equipment operation, or support staff. While training is not anticipated to take a long period of time, personnel will be properly trained in areas such as customer service, intergovernmental relations, and laws dictating the rights of citizens. October~ 2003 Site Recommendation and Selection The Selection Committee recommends clean-up of the following neighborhoods for the NIP program during the 2003-2004 fiscal year: Neighborhood bound by Staples, Crosstown, Agnes, and Coleman (See Attached Location Map 1 of 5) Neighborhood bound by Agnes, Leopard, Crosstown, and Port (See Attached Location Map 2 of 5) Neighborhood bound by Williams, Everhart, Holly, and Staples (See Attached Location Map 3 of 5) Neighborhood bound by Whitaker, McArdle, Rich, and Whitaker (See Attached Location Map 4 of 5) Neighborhood bound by Hermine, Naval Air Station Corpus Christi, SPID, and Flour Bluff Drive (See Attached Location Map 5 of 5) Implementation The first neighborhood that is recormnended for clean-up is the neighborhood bound by Staples Street, Agnes Street, Coleman Street, and the Crosstown Expressway. (See Attached Location Map 1 of 5) This area is located within the Wynne Seale Middle School boundary line. During the each project phase, the basic project outline is as follows: 1. Pre-Assessment. Timeline: The Week of October 27, 2003 The Project Manager will work with the Project Coordinators and Action Team to conduct a preliminary assessment to identify areas of concern. The concerns of the departments include such issues as health, animal control, code violations, police related issues and other critical needs. Other projects that are needed but are not feasible during the timeframe are also recorded. This process is for staff input only and to allow each department to assess manpower and equipment that may be needed. Once the preliminary assessment is complete, the Action Team will meet to discuss the date and time for the neighborhood meeting. 2. Neighborhood Meeting Timeline: The Week of October 27, 2003 A neighborhood meeting is set up at each middle school within the project boundary. Area residents will be notified via informational brochures sent home with middle school children attending school and residing in the area. Project coordinators and Code Enforcement Officers will also use door to door efforts in order to assure all residents are well informed. Residents will be given an opportunity to raise issues or concerns regarding problems plaguing their neighborhood, or to give City staff an idea of what services need improvement or are lacking. At each meeting, we will give the City Council member representing the area an opportunity to attend. Further, the Code Enforcement Officer will be introduced and serve as a point of contact for reporting violations, concems, and other issues. 3. Clean-up Timeline: November 17, 2003- December 5, 2003 This is an intensive three-week project utilizing manpower from various City departments. The departments include but are not limited to Animal Control, Health, Street, Solid Waste, Engineering, Neighborhood Services, Police, Parks and Recreation, Gas, and Storm Water. In order to achieve success without causing undue hardship for area residents, we will assist residents such as senior citizens who need help with the clean-up of their property. We will also assist contractors with the clean-up of vacant property, address illegal dumpling, and assist in the pickup and removal of dead trees. Residents will be warned and given a grace period to remedy the problem before actual citations are issued and enforcement begins, usually 30 days after the end of the project. A command post is set up for residents at a central location where they can gather information or learn about various City services available to assist them throughout the year. The command post will serve as a central point for citizens to share concerns, or obtain information about their particular neighborhood. It will be stocked with information that will be helpful to citizens such as landfill hours of operation, City services available to residents, and any other information that may be requested. In order to make residents feel comfortable to offer suggestions and concerns, the Code Enforcement Officer already assigned to the area, or a project coordinator will man the command post. 4. Post Meeting and Evaluation with Neighborhood Residents Timeline: The Week of December 15, 2003 A post-clean-up meeting is held at the same location where the initial neighborhood meeting was held. Residents will be given an opportunity to share their feelings or concerns about the project or any unmet needs that have not been addressed. By this point in the project, the residents should have established a point of contact such as a Code Enforcement Officer, or at the very least, know what number to call to report future code violations. It is the goal of the project to let residents feel more comfortable with the various City departments and give them the opportunity to let the City know what is needed at the neighborhood level. By empowering our residents with the knowledge of what resources are available to them, we will pave the way for long term property maintenance that will improve the community for all Corpus Christi residents. Lip~ ~ IIIIIIIIIIIIIIITI~ IIIIIIIllllllll-I-ITITI Hllilll Illllll I-F~F~ January, 2004 February, 2004 The second neighborhood recommended for clean-up is in the area bound by A~:nes Street, Leopard Street, Port Avenue, and the Crosstown Expressway. (See Attached Location Map 2 of 5) This area is within the Driscoll and Wynne Seale Middle School boundary line. A tentative schedule is as follows: Pre-assessment Week of January 5, 2004 Neighborhood Meeting Week of January 5, 2004 · Clean-up January 12, 2004-January 30, 2004 · Post Meeting and Evaluation with Neighborhood Residents Week of February 9, 2004 500 1,000 ~ ~ FeNet February, 2004- March, 2004 The third neighborhood recommended for clean-up is in the area bound by Williams Drive, Everhart Road, Holly Street, and Staples Street. This area is within the Kaffie Middle School boundary. (See Attached Location Map 3 of 5) A tentative schedule is as follows: Pre-assessment Week of February 23, 2004 Neighborhood Meeting Week of February 23, 2004 Clean-up March 1, 2004- March 19, 2004 Post Meeting and Evaluation with Neighborhood Residents Week of March 29, 2004 S. Padre ~[sland Dr. Ma¥~ 2004-June~ 2004 The fourth neighborhood recommended for clean-up is in the area bound by Whitaker Drive, McArdle Road, Ricki Street, and back around to Whitaker Drive. This area is within the Haas Middle School boundary. (See Attached Location Map 4 of 5) A tentative schedule is as follows. · Pre-assessment Week of May 3, 2004 · Neighborhood Meeting Week of May 3, 2004 · Clean-up May 10, 2004-May 28, 2004 · Post Meeting and Evaluation with Neighborhood Residents Week of June 7, 2004 June~ 2004- July, 2004 The fifth and final neighborhood recommended for clean-up is in the area bound by Hermine Street, Corpus Christi Naval Base, SPID, and Flour Bluff Drive. This area is within the Flour Bluff Middle School boundary line. (See Attached Location Map 5 of 5) A tentative schedule is as follows: Pre-assessment Week of June 7, 2004 Neighborhood Meeting Week of June 7, 2004 Clean-up June 14, 2004-July 2, 2004 Post Meeting and Evaluation with Neighborhood Residents Week of July 12, 2004 Location Map No. 5. of 5 N.A.S. Additional Information Annually, the Mayor and Council will receive a list of neighborhoods to consider for clean-up. During the first program year, we anticipate major projects in five (5) neighborhoods. In the future, as the projects become more manageable and the work process flows more smoothly, we anticipate the number of project sites to increase. We are excited about this project and believe that the Neighborhood Initiatives Program (NIP), in conjunction with the Neighborhood Operations Clean-up Program (NOC) will make a difference in our neighborhoods citywide. Conclusion With the implementation of these programs we will hope to have made the City more accessible by eliminating communication barriers and empower our residents with the tools and resources to assist them in maintaining long-term change. More importantly, we will hope to have begun a cycle of change in the neighborhood encouraging residents to take the initiative for care of their property and neighborhood and truly make the community a cleaner and safer City for all. By combining City resources and coordinating project sites, we can achieve a tremendous amount in a few short weeks and begin a transformation of a street, a neighborhood, and area, and ultimately the City of Corpus Christi with livable neighborhoods for all. Together we can make a difference,t 22 NO ATTACHMENT FOR THIS ITEM 23 CITY COUNCIL AGENDA MEMORANDUM September 9, 2003 AGENDAITEM: Public hearing to consider abandoning and vacating a 2.656 acres tract of a dedicated 60-foot wide undeveloped public street right-of-way being out of a 5.17 acre Road Dedication, out of the North one-half of Section 31, Laureles Farm Tracts. Ordinance abandoning and vacating a 2.656 acres tract of a dedicated 80-foot wide undeveloped public street right-of-way being out of a 5.17 acre Road Dedication, out of the North one-half of Section 31, Laureles Farm Tracts; subject to compliance with the specified conditions; and declaring an emergency. ISSUE: RVE, Inc. on behalf of Mr. Mark Bratton, ("Owner"), of Botanical Gardens Park Unit 4, is requesting the abandonment and vacation of the undeveloped public right-of-way to allow for the future development of Residential Estate single family lots on said subdivision. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights-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 - Plat No. 030314-P7 Exhibit C - Ordinance Exhibit D - Site Location Map h:\...\gen~agO3\str-clo\bot nical .m AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: RVE, Inc. on behalf of Mr. Mark Bratton, ("Owner"), of the Botanical Gardens Park Unit 4, Subdivision is requesting the abandonment and vacation of a 2.656 acres tract of a dedicated 80-foot wide undeveloped public street right-of-way out of the North one-half of Section 31, Laureles Farm Tracts. The abandoning and vacating of the undeveloped 80-foot wide public street right-of-way is being requested to construct residential single family lots within the proposed Botanical Gardens Park Unit 4, Subdivision. Mr. Bratton, is to dedicate approximately 2.746 acres of public street right-of-way within the proposed subdivision. Mr. Mark Bratton, on Feb. 12, 1992, dedicated to the County of Nueces, State of Texas, by separate instrument a road easement dedication (Doc. # 793571, Road Dedication) recorded in Vol. 2358, Pages 343-349, of the D.R.N.C.T. for the purpose of constructing, installing, repairing, maintaining, operating, and replacing a public street and road (being a part of the street or road system known as Botanical Gardens Drive). The City of Corpus Christi on Feb. 21, 1992, acquired a Warranty Deed (Doc. # 793572) recorded in Vol. 2358, Pages 350-361, of the D.R.N.C.T. from Mr. Mark Bratton for the surface of the land to the road easement dedication. Plat No. 030314-P7 (Botanical Gardens Park Unit 4) was submitted for approval to the Planning Commission on May 21, 2003. The Staff Plat Committee recommended approval of the plat provided all the conditions set forth on Plat No. 030314-P7 were met by the Owner. All public and franchised utilities were contacted regarding this closure request and no objections were received. The Development Services/Planning Department had no objections to the closure, provided the Owner meets the conditions and requirements as set forth in Plat No. 030314-P7. (See attachment, Exhibit B). One condition in general is Item No. 17, that an existing cul-de-sac that was shown on the plat be shown as a "temporary" cul-de-sac and the roadway connecting with the right-of-way to the southeast. Staff recommends that payment of the fair market value be waived because Owner will be dedicating public street rights-of-way of greater value to off-set the proposed abandonment. The owner has been advised of and concurs with the conditions of the easement abandonment. h:\...\gen\ag03\str-clo\botnical.m2 EXHIBIT A STAFF PLAT RECOMMENDATIONS The Staff Plat Committee recommends approval of the following plats, provided the following changes are made and the corrected plats are submitted to Development Services, Planning Section by 12 noon, Ma,/20, 2003, prior to the Planning Commission Meeting on We~lnestla¥, May 21, 2005 at 5:30 p.m. in the City Council Chambers. The Committee recommends denial or tabling if the changes are not made. a. 030314-P7 BOTANICAL GARDENS PARK UNIT 4 (FINAL - 42.590 ACRES) Located north of FM 2444 (South Staples Street) between the Botanical Gardens and South Oso Parkway. Owner - Mark P. Bratton Engineer - RVE, Inc. The developer proposes to develop the property with single-family residential lots. :1. Require compliance with street right-of-way closure. 2. Require an additional 55 feet of drainage right-of-way adjacent to the :100-foot drainage right-of-way abutting Lot :12, Block ! for a total of :155 feet of drainage right- of-way. 3. Require a 20-foot utility easement south of and adjacent to the above described drainage right-of-way. 4. Require a 20-foot radius street dedication at the South Oso Parkway and Botanical Gardens' entrance intersection with South Staples Street. 5. Require a :15-foot utility easement along South Staples on Lot 1, Block 2, a commercial tract. 6. Label centerlines of all streets. 7. Place a note on plat stating "no driveway access" be permitted to Lot :1, Block 2 from Botanical Gardens Drive (South Oso Parkway). 8. Require a radius point bearing for Curve C-:1. 9. Eliminate reference to Taylor/Best Plaza in the County Court's certificate. :10. Require compliance with the currently adopted Oso Parkway Plan. Compliance requires the 80-foot right-of-way from the east to the west property lines with a continuous unbroken stretch parkway. :1:1. Intersection at the current South Oso Parkway will be County Road 4:1 and the proposed Botanical Gardens Drive should be reconfigured to show the current South Oso Parkway (future County Road 4:1) intersecting into the proposed Botanical Gardens Drive (future South Oso Parkway), not vice versa as shown on the plat. :12. Provide :100 foot tangent approach on Botanical Gardens Drive approaching South Oso Parkway. 13. All :10-foot drainage easements must be a minimum of :15 feet. :14. Change street name of Botanical Gardens Drive to South Oso Parkway. ].5. Rename existing South Oso Parkway to another approved street name. :16. Current proposed intersection of the new parkway with existing South Oso Parkway is not consistent with the Oso Parkway Plan. Existing road must be reconfigured to "T" into the proposed parkway and shown as a continuous roadway connecting to the existing roadway. 17. Existing cul-de-sac shown on the plat must be shown as a "temporary" cul-de-sac and the roadway connecting with the right-of-way to the southeast. Utility infrastructure plat requirements for plans and construction, as well as development fees, are not subject to Planning Commission approval, but are requirements for compliance prior to recordation of the plat. These requirements are presented for Planning Commission information onl`/. Require water, street, drainage, and pollution prevention plans and construction. Require a Storm Water Quality Management Plan. EXHIBIT B BOTANICAL GARDENS PARK UNIT 4 EXHIBIT D ' VICINITY MAP RVE NAPE: R: CUEM 9RATTON. w -103 020/1 - EloUI*al Careen CAD f-ROW{LOSURE do MM- 02 OCT 2003 TIME 13:22 o O POINT OF COMMENCEMENT SO4INEAST CORNER OF COIRORY CREEK a1 tlRMC1L 9tlm6 .NM MRaua91l 2 I URI y, ImJ a I Ie. ■OIX I COIRI ?Imt v. m v. Is+ u.AxcT.sol GRIPXIC Sf/V� V. 56 P. IRLICJ I MA.N4T. m @ �'..� abua'PaT 9 150' 390' as0' eoo' 60 qpf� wx W. �I1MRWtI9 55 F.H.Ci. 4 & POINT OF I BEGINNING aI .NR Y YI umra a`I('t R.O. CLOSURE OI .656 AC. 0 \�\ IM.RG6 '1MCI5 g OI C7 V. 3 P. Ie YR '. 'n HI wxx°Te P�ms98�r.ci W O OI C y PROPOSED R.O.W. TO 7 c C r i R.O.W. REMAIN _A .746 AC. .963 AC. c> Z y i 6 C z m PW � R > 9;R 1 � > 2610.00' To SOUTH STA P ES STREET FM 2444 Qi C UN (HCTION UNE) _ _ _ _ _ _ _ — U IYFINIaF1E! PNY'1MLIJ SFCIRM Jl HIR W11 WIF£1L9 !N✓•1 TRMCIS V. !f P. WRN.GT. Y. 1 P. 1! MJCML.T. V. J P. P. Y.RMGT. T Wlil( P. BPAi1LW NHfRI° NRRA 3 ,x11 � D7 u I T UNE SEGL4M5 CVENF DATA BEARNO DISTANCE p R T L CIOID BFM91G 0109D O4T/IEE LI FAST '0.00 [12 7T2818 810.00 819. 1093.23 581'32 i6E 101188 L2 SOUTH 1{9.21 46'0303 813.00 281.38 191.30 577]5 OJ 181.11 L3 Ewsr IJ.36 /rO3z1 sa.o0207.7]96.88No390387.82L1N]TSBSO0.119S/83a 535!107]831/27121' 18X79'J2aJ6 23'1310 980.219.2]1.1127.18l851ium5},311ra306180.0031.1102.78X65392102.17VSBt•5a2046 21.1222 890.001]0.8337.1X]8'13023]5.18 L85]9'252519.83 9'87 11 160.00 10.08 70.01 X71'3432 79.81 l9 581'5420 183A] It X772200 JJO.BB AN ORDINANCE ABANDONING AND VACATING 2.656 ACRE TRACT OF A DEDICATED 80-FOOT WIDE UNDEVELOPED PUBLIC STREET RIGHT-OF-WAY BEING OUT OF A 5.17 ACRE ROAD DEDICATION, OUT OF THE NORTH ONE-HALF OF SECTION 31 LAURELES FARM TRACTS; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS;AND DECLARING AN EMERGENCY. WHEREAS, there is a 2.656 acre tract of a dedicated 80-foot wide undeveloped public street right-of-way being out of a 5.17 acre road dedication, out of the north one-half of Section 31 Laureles Farm Tracts as recorded in Volume 3, Page 15, Map Records Nueces County, Texas, that the owner, Mark Bratton, (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 said portion of the public street right-of-way 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 2.656 acre tract of a dedicated 80-foot wide undeveloped public street right-of-way being out of a 5.17 acre road dedication, out of the north one-half of Section 31, Laureles Farm Tracts as recorded in Volume 3, Page 15, 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 fair market value be waived because Owner will be dedicating public street right-of-way of equal or greater value to off-set the proposed abandonment and vacation of public street right-of-way. Owner must comply with all the requirements and conditions as set forth in Plat No. 030314-P7, from Planning Commission Meeting held on Wednesday May 21, 2003. Owner must comply with Item No. 17 of Plat No. 030314-P7 Staff Plat Comments from Planning Commission Meeting held on Wednesday May 21, 2003. 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 21st day of October, 2003. H:\LEG-DlR~Joseph\ORD-BotGar4,doc 24 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: October 21, 2003) Case No.: 0903-01~ Michael Thomas Yarbrough: A change ofzonthg from an "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District on Yarbrough Addition, Lot 1, located west of Airline Road and 285 feet south of Holly Road. Planning Commission and Staff's Recommendation (09/10/03): Approval. Requested Council Action: Approval of the "B-I" District. Purpose of Request: For speculative commercial sale. Summary: The applicant has requested a change of zoning from a "R-IB" One-family Dwelling Distxict to a "B-I" Neighborhood Business District for speculative commercial sales purposes. The subject property consists of one (1) lot with a single-family residence on the site. North of the subject property is a "B-3" Business District developed as an athletic club facility. To the south is a "R-lB" District developed with single-family residences. Further to the south are several lots recently zoned a "B-l" District in the Yarbrough Addition Subdivision. East of the subject property and across Airline Road is a large tract of undeveloped land zoned a "B-4" District and a lot developed with a pharmacy. Along the west boundary of the subject property is an athletic club tennis court. Access for the lot is provided along Airline Road, an arterial roadway. Within 285 feet north of the subject property is Holly Road, an arterial roadway. Traffic generated by commercial uses, at a possible 122 vehicles per day, could be accommodated by the Ah-line and Holly Roads street system. Overall, the Comprehensive Plan Elements are supportive of the requested "B-l" District. The Southside Area Development Plan's adopted future land use map recommends the area to transition from low-density residential uses to commercial uses. The requested "B-l" District is consistent with the Plan's recommended land use. Applicant's Position: The applicant concurs with Planning Commission and StaWs recommendation. Notification: Of the ten notices mailed to the surrounding properVd owners, none were returned in favor or th opposition. The 20% rule is not in effect. This case is considered noncontroversial. ~Micliael N. Gunlting, AICP /~ Assistant Director of Development Servicesgj Director of Planning MG/FGM/er Attachments: 1) Zoning Report 2) planmng Commission Minutes 3) Ordinance H:~PLN-DIR~ERMA\WORD~AGEN DMEM\0903-01AGENDAM EM O.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0903-01 September 10, 2003 H16D Mike Yarbrough Road. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: North, West - "B-3" Business District South East 0.28 acre (12,595 square feet) Same as above. "R- 1B" One-family Dwelling District "B-1" Neighborhood Business District Single-family use on one (1) lot. Speculative commercial sale. Not applicable. - "R-1B" One-family Dwelling District - (across Airline Road) "B-4" General Business District Yarbrough Addition, Lot 1, located on the west side of Airline Road and 285 feet south of Holly Zoning Report Case No. 0903-01 (Mike Yarbrough) Page 2 Adiacent Land Use: North - Athletic club. South - Single-family residence. East - (across Airline Road) Undeveloped land and retail shopping center. West - Athletic club tennis court. Number of Residential Units Allowed: "R-lB" - 2 units (7.26 dwelling units per acre) "B-I" - 10 units (36.30 dwelling units per acre) Estimated Traffic Generation: General Commercial - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 3,000 square feet of gross floor area (ITE manual average floor area) = 122 average weekday vehicle trip ends. Adiaeent Streets/Classification: a) Airline Road - arterial b) Holly Road - arterial Right-of-Way Design Current: a) 80-foot of right-of-~ray with a 48-foot back-to-back paved section. b) 80-foot of right-of-way with a 48-foot back-to-back paved section. Planned: a, b) Same as current. 2002 Traffic Count {24-hour~ weekda¥~ non-directional): a) 39,674 vehicles per day (at Airline Road at Holly Road) Zoning History of Property: There has been no rezoning activity within the past five (5) years. Zoning Repo~ Case No. 0903-01 (Mike Yarbrough) Page 3 Recent Surrounding Zoning Cases: On August 19, 2003, Yarbrough Subdivision, Lots 4 and 5 were granted a change of zoning from "R-1B" to "B-1", located south of the subject property. On May 27, 2003, Yarbrough Subdivision, Lots 8 and 9 were granted a change of zoning from "R-1B" to "B-1", located south of the subject property. In March 2003, Block B, Lotsl and 4 of Airline Subdivision Unit 3, located south of the subject property was granted a change of zoning from "AB" and "R-lB" to "B-I" for a shopping center and Lot 5 was granted a Special Permit for a parking lot associated with the shopping center. In August 2002, Block 1, Lot I of Airline Subdivision Unit 3, located south of subject property was granted a change of zoning from "F-R" Farm Rural District to a "B-I" Neighborhood Business District and a "R-2" Multiple-family Dwelling District for the development of a retail center and multiple-family complex. In April 1998, Block B, Lot 3 of Airline Subdivision, located south of the subject property was granted a change of zoning from a "AB"/SP Professional Office District with a Special Permit for an auto sales lot to a "B-I" Neighborhood Business District in order to operate an ice cream shop. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning from a "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District for speculative commercial sales purposes. The subject property consists of one (1) lot with a single-family residence on the site. North of the subject property is a "B-3" Business District developed as an athletic club facility. To the south is a "R-lB" District developed with single-family residences. Further to the south are several lots recently zoned a "B~I" District in the Yarbrough Addition Subdivision. East of the subject property and across Airline Road is a large tract of undeveloped land zoned a "B-4" District and a lot developed with a pharmacy. Along the west boundmy of the subject property is an athletic club tennis court. Access for the lot is provided along Airline Road, an arterial roadway. Within 285 feet north of the subject property is Holly Road, an arterial roadway. Traffic generated by commercial uses, at a possible 122 vehicles per day, could be accommodated by the Airline and Holly Roads street system. Overall, the Comprehensive Plan Elements are supportive of the requested "B~I" District. The Southside Area Development Plan's adopted future land use map recommends the area to transition from low-density residential uses to commemial uses. The requested "B-I" District is consistent with the Plan's recommended land use. Zoning Report Case No. 0903-01 (Mike Yarbrough) Page 4 Potential Housing Density: The "R-lB" District permits a density of 7.26 dwelling units per acre or two (2) units on the subject property. A "B-I" District permits a density of 36.30 dwelling units per acre or 10 units on the subject property. The increase in density will not adversely impact the adjacent street system. Height/Bulk/Setbacks/Etc.: The "R-lB" District requires a fi.om yard setback of 25 feet with a side and rear yard setback of five (5) feet each. A "B-I" District requires a front yard setback of twenty (20) feet and no side or rear yard setback unless adjacent to a residential district where a setback of ten (10) feet each would be required. If the rezoning were approved, new construction on the subject property would be required to maintain a setback often (10) feet along the south property lines. Both the "R-1B" and "B-I" Districts limit the building height to 35 feet not to exceed three (3) stories. Signage: Signs in the "R-lB" District are limited to one wall sign with an area not to exceed one square foot. The "B-I" District permits unlimited wall signs and one fi'eestanding sign with an area of forty (40) square feet and a height of twenty (20) feet. Traffic: The subject property has direct access to an arterial, Airline Road. The Airline Road at Holly Road intersection carries 39,674 vehicles per day. Traffic generated by a general commercial use at 122 vehicles per day, will have minimal impact on the street system. Parking/Screening: A commemial retail use requires one off-street parking space for each 200 square feet of gross floor area. A standard screening fence with a height of not less than six (6) feet would be required when a business or industrial use locates adjacent to a residential district. The subject property will be required to provide a standard screening fence along its south and west property line. Pros: (Ideas in support of the request.) a) The Southside Area Development Plan recommends the subject property along the Airline Road corridor to develop commercially. b) Approval of the rezoning could initiate additional rezonings on residentially zoned properties to the south as recommended by the Southside Area Development Plan. Cons: (Ideas in support of maintaining the current zoning.) a) None. Staff Recommendation: Approval. Attachments: Zoning Map H:\PLN-DIR\ERMA\WORD~ONRPTS09034) I CCREPORT.DOC FLOUR BLUFF ~ ENCINAL FARM & GARDEN TRACT WOOLDRIDGE UNIT 8 CREEK SUBJECT PARCEL FLOUR BLUFF & ENClNAL FARM & GARDEN TRACT CREEK B-4 B R lB Aug 26, 2003 - AS CASE Z0903-01 R-lB O~e-f'(mily Dwelling Dist. /~ Professional Office Oist, A--1 Apartment Houae Dist. A-2 Apartment House Dist. B-1 Neighborhood Business Dist. ~-3 Business Dist. B-4 C, enerol Business Dist. Planning commassion Minutes September 10, 2003 0903-01 Michael Thomas Yarbrough REQUEST: "R-lB" One-family Dwelling District to "B-l" Neighborhood Business District on property described as Yarbrough Addition, Lot 1, and located on the west side of Airline Road and 285 feet south of Holly Road. Ms. Goode-Macun presented a computerized slide illustration of the subject property and the sun'ounding area. The applicant has requested a change of zoning from a "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District for speculative commercial sales purposes. The subject property consists of one (1) lot with a single-family residence on the site. North of the subject property is a "B-3" Business District developed as an athletic club facility. To the south is a "R-lB" District developed with single-family residences. Further to the south are several lots recently zoned a "B-I" District in the Yarbrough Addition Subdivision. East of the subject property and across Airline Road is a large tract of undeveloped land zoned a "BM" District and a lot developed with a pharmacy. Along the west boundary of the subject property is an athletic club tennis court. Access for the lot is provided along Ah'line Road, an arterial roadway. Within 285 feet north of the subject property is Holly Road, an arterial roadway. Traffic generated by commercial uses, at a possible 122 vehicles per day, could be accommodated by the Airline and Holly Roads street system. Overall, the Comprehensive Plan Elements are supportive of the requested "B-I" District. The Southside Area Development Plan's adopted future land use map recommends the area to transition from low-density residential uses to commercial uses. The requested "B-I" District is consistent with the Plan's recommended land use. There were 10 notices mailed to property owners within a 200-foot radius of which none were returned in favor or opposition. Ms. Goode-Macon informed the CoWamssion that the subject property was part of the property belonging to the Yarbrough family who have individual interests in the surrounding property. The family decided not to group their property for rezoning purposes. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Zamora, seconded by Stone, to forward a recommendation for approval. Motion passed with Pnsley, Richter, and Smith being absent. Page 1 of $ AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MICHAEL THOMAS YARBROUGH BY CHANGING THE ZONING MAP IN REFERENCE TO LOT ~,, YARBROUGH ADDITION, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council it's reports and recommendations concerning the application of Michael Thomas Yarbrough for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 10, 2003, during a meeting of the Planning Commission, and on Tuesday, October 21,2003, 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 has determined that this amendment would best serve public health, .necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 0.28 acre of Lot 1, Yarbrough Addition, located on the west side of Airline Road and 285 feet south of Holly Road from "R-1B" One-family Dwelling District to "B-I" Neighborhood Business District. (Map H16D) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG-DIR~JOSEPH~ZONING\0903-01REG U LAR. DOC Page 2 of 3 SECTION 6. That 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. SECTION 7. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 21st day of October, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~z~f~ 2003 Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR~.IOSEPH~_ONING\0903-01 REGULAR.DOC 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 21, 2003 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to negotiate an agreement with the Downtown Management District and other appropriate agencies to jointly fund a professional services contract to develop a master plan element for Shoreline Boulevard and the Bayf'ront, and prepare the necessary agreements and contracts for Council approval. ISSUE: The Downtown Management District and the stakeholders group involved in providing input to the draft South Central Area Development plan have recommended that green space be created immediately adjacent to the seawall along the Bayfront. In addition, the Master Plan for the Bayfront Arts and Sciences Park that was updated during the design phase of the Arena and Convention Center includes a concept for redevelopment of Shoreline and the Bayfront Esplanade. In order to address these ideas and ensure that adequate opportunities for public input are provided, it is appropriate to engage a consultant to assist in preparing a master plan element for Shoreline Boulevard and the Bayfront. The Downtown Management District has approved participation in such an effort. REQUIRED COUNCIL ACTION: Approval of Motion. PREVIOUS COUNCIL ACTION: None. FUNDING: To be determined subject to Council action. CONCLUSION: To ensure adequate public involvement in the decision precess for future improvements along Shoreline and the Bayfront, a jointly funded effort should be undertaken by the City, DMD, and other appropriate agencies to prepare a master plan element for Shoreline Boulevard and the Bayfront. Accordingly, it is recommended that Council authorize the City Manager to undertake such an effort to negotiate an appropriate contract and bring such contract to the Council for approval. Ronald F. Massey Assistant City Manager