HomeMy WebLinkAboutAgenda Packet City Council - 06/24/2008CITY COUNCIL AGENDA
JUNE 24, 2008
1 1:45 A.M. - Proclamation declaring July 4, 2008 as "4th of July Big Bang Celebration 2008 Day"
Proclamation declaring July 4, 2008 as "Filipino - American Friendship Day"
Proclamation declaring the week of June 30 — July 6, 2008 as "National Clean Beaches Week"
Proclamation declaring the month of June 2008 as "National Safety Month"
Proclamation declaring the month of July 2008 as "Recreation and Parks Month"
Certificate of Commendation for Bill Hennings, Corpus Christi Air Quality Committee
Swearing -in ceremony of newly appointed Board, Commission and Committee members
Recognition of KRIS -TV by the Texas Assn. of Municipal Information Officers (TAMIO) for the "Know the Code"
Series
"At Your Service" Award, City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
JUNE 24, 2008
10 :00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12 :00 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 Usted desea dirigirse al Concilio y tree que su ingles es limitedo, habre un interprete ingles- espartol 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 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Rev. Arnold Zuniga, Sr., The Lord is Peace Worship Center
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 Henry Garrett
Mayor Pro Tem John Marez
Council Members:
Melody Cooper City Manager George K. Noe
Larry Elizondo, Sr. City Attorney Mary Kay Fischer
Mike Hummel! City Secretary Armando Chapa
Bill Kelly
Priscilla G. Leal
Michael McCutchon
Nelda Martinez
E. MINUTES:
1. Approval of Regular Meeting of June 10, 2008. (Attachment # 1)
Agenda
Regular Council Meeting
June 24, 2008
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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. CITY MANAGER'S REPORT
Upcoming Items
I. CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and /or it
has been discussed at a previous meeting. All items will be acted upon by
one vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items
not requiring separate discussion have been acted upon. The remaining items
will be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration)
2.a. Resolution authorizing the City Manager or his designee to
execute an Interlocal Agreement between the City or Corpus
Christi and Nueces County to establish terms for the sharing of
the 2008 Edward Byrne Justice Assistance Grant (JAG) Program
Award. (Attachment # 2)
Agenda
Regular Council Meeting
June 24, 2008
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2.b. Resolution authorizing the City Manager or his designee to
submit a grant application in the amount of $73,850 to the U.S.
Department of Justice, Bureau of Justice Assistance for funding
eligible under the FY 2008 Edward Byrne Justice Assistance
Grant, 50% of the funds to be distributed to Nueces County
under the established Interlocal Agreement. Grant funds will be
used for the enhancement of law enforcement efforts by the
Police Department and Nueces County. (Attachment # 2)
3.a. Resolution authorizing the City Manager or his designee to
accept two grant amendments, totaling $115,750, from the
Texas Department of State Health Services for the Women,
Infants, and Children (WIC) program, with changes as follows:
(1) an increase in the reimbursement rate to $11.83 per
participant served, resulting in an additional $15,250 in program
income, and (2) additional funds of $100,500 for supplies,
equipment, travel, bathroom renovations, and the purchase of a
modular building, subject to further approval of the State of
Texas and the U.S. Department of Agriculture (USDA); and to
execute all related documents. (Attachment # 3)
3.b. Ordinance appropriating two grant amendments, totaling
$115,750, from the Texas Department of State Health Services
in the No. 1066 Health Grants Fund for the Women, Infants, and
Children (WIC) program as follows: (1) $15,250 in program
income due to a change in the reimbursement rate per
participant served, and (2) $100,500 in additional funding for
State and federally - approved program expenses. (Attachment
# 3)
4.a. Resolution authorizing the City Manager or his designee to
submit a grant application to the Coastal Bend Council of
Governments in the amount of $25,000 for Recycling and Anti -
Litter Education. (Attachment # 4)
4.b. Resolution authorizing the City Manager or his designee to
submit a grant application to the Coastal Bend Council of
Governments in the amount of $6,000 for three events to be held
in 2008 -2009: Recycled Art Contest open to school children in
Grades K -6; Christmas Tree Recycling Event; and the 2008
Clean Air Fair. (Attachment # 4)
Agenda
Regular Council Meeting
June 24, 2008
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
5.a. Resolution authorizing the City Manager or his designee to
execute all documents necessary to accept the grant from the
Coastal Bend Diabetes Initiative, Inc. in the amount of $8,350 for
the healthy living program for youth known as Sajai Wise Kids
Program at Latchkey sites and recreation centers. (Attachment
# 5)
5.b. Ordinance appropriating a $8,350 grant from the Coastal Bend
Diabetes Initiative, Inc. in the No. 1067 Parks and Recreation
Grant Fund for the healthy living program for youth known as the
Sajai Wise Kids Program at Latchkey sites and recreation
centers. (Attachment # 5)
6. Ordinance authorizing the City Manager or his designee to
execute an use permit agreement agreement with Matthew
Peveto d.b.a. Mustang Music Group for use of Corpus Christi
Beach during July 21 through July 29, 2008 for ZiegenBock
Music Festival; providing for payment of 100% of all City costs,
plus $5,000. (Attachment # 6)
7. Ordinance authorizing the City Manager or his designee to
execute a five -year lease agreement with Santa Fe Soccer
League, a non - profit organization, for the use of North Pope Park
and South Pope Park for its soccer program in consideration of
Santa Fe Soccer League maintaining the premises and
improvements. (Attachment # 7)
8. Ordinance authorizing the City Manager or his designee to
execute a five -year lease agreement with Corpus Christi United
Little Miss Kickball, Inc. (CCULMK) a non- profit corporation, for
the use of Bill Witt Park for its kickball program, in consideration
of CCULMK maintaining the premises and improvements.
(Attachment # 8)
9. Ordinance authorizing the City Manager or his designee to
execute a five -year lease agreement with Great Western Soccer
League, a non - profit organization, for the use of Terry and Bobby
Labonte Park for its soccer program in consideration of Great
Western Soccer League maintaining the premises and
improvements. (Attachment # 9)
Agenda
Regular Council Meeting
June 24, 2008
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
10. Ordinance authorizing the City Manager or his designee to
execute a five -year lease agreement with South Texas
Association for Radio Controlled Automobile Racing, Inc.
( "STARCAR ") for the use of Bill Witt Park in consideration of
STARCAR maintaining the premises and improvements.
(Attachment # 10)
11. Resolution authorizing the City Manager or his designee to
execute an Interlocal Cooperation Agreement with Nueces
County, Texas for City of Corpus Christi, Texas to provide
Lifeguard Services on Nueces County Gulf Beaches in Newport
Pass and Padre Balli Parks owned by County. (Attachment # 11)
12. Resolution approving the First Amendment to Corpus Christi
Business and Job Development Corporation's Agreement to
grant Business Incentives to Texas A &M University — Corpus
Christi for the retention of jobs. (Attachment # 12)
13. Resolution approving the First Amendment to Corpus Christi
Business and Job Development Corporation's Agreement to
grant Business Incentives to Del Mar College for the retention of
jobs. (Attachment # 13)
14. Motion authorizing the City Manager or his designee to execute
a construction contract with Rabalais I & E Constructors of
Corpus Christi, Texas in the amount of $189,600 for the Water
Facilities Power Adjustment. (Attachment # 14)
15. Ordinance appropriating $60,800 from unappropriated settlement
proceeds in the No. 3160 City Hall Capital Improvement Program
(CIP) Fund, transferring to and appropriating in the No. 4670
Development Services Fund for Consultant Services for the
Performance Improvement in the Northside Redevelopment Plan
Project, Phase II; changing the FY2007 -2008 Capital Budget
adopted by Ordinance No. 027546 by increasing appropriations
by $60,800; changing the FY2007 -2008 Operating Budget
adopted by Ordinance No. 027352 by increasing revenues and
appropriations by $60,800 each. (Attachment # 15)
Agenda
Regular Council Meeting
June 24, 2008
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
16.a. Motion to amend prior to second reading Ordinance amending
the Code of Ordinances, City of Corpus Christi, Chapter 55,
regarding Rules and Procedures for Public Access Cablecasting,
to change program deadline day from Friday to Wedenesday in
Sections 2 and 6, prior to second reading. (Attachment # 16)
16.b. Second Reading Ordinance — Amending the Code of
Ordinances, City of Corpus Christi, Chapter 55 regarding rules
and procedures for public access cablecasting; providing for
publication; and providing for an effective date of July 1, 2008.
(Attachment # 16)
J. PUBLIC HEARINGS: (NONE)
K. REGULAR AGENDA (NONE)
L. SPECIAL BUDGET PRESENTATIONS:
17. Overview of Proposed 2008 -2009 Budgets for Internal
Services /Special Revenue /Debt Service Funds. (Attachment
# 17)
18. Overview of Proposed FY 2008 -2009 Budgets for Enterprise
Fund (Attachment # 18)
M. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
19. Update on the Activities of the City Council Memorial Coliseum
Committee (Attachment # 19)
20. Discussion Regarding Safety Issues on the Beach Area in Front
of the Padre Island Seawall (Attachment # 20)
21. Third (3rd) Quarter Health Benefits /Risk Management Report
(Attachment # 21)
22. Report on City Youth League Leases and Recommended
Changes (Attachment # 22)
Agenda
Regular Council Meeting
June 24, 2008
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 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 dirige a la junta y cree que su ingles es limitado, habra un
interprete ingles- esparol en la reunion de la junta para ayudarle.
PER CITYCOUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
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.
O. 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.
23. Executive Session under Texas Government Code Section
551.087 to deliberate the offer of a financial or other incentive to
a business prospect that the City Council seeks to have locate,
stay or expand in or near the City and with which the City Council
is conducting economic development negotiations, with possible
discussion and action in open session.
Agenda
Regular Council Meeting
June 24, 2008
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
24. Executive session under Texas Government Code Section
551.071 regarding Title VI Complaint of Hillcrest Residents
Association against the City of Corpus Christi, filed with the
Environmental Protection Agency (EPA) and the U.S.
Department of Housing and Urban Development (HUD), with
possible discussion and action related thereto in open session.
25. Executive session under Texas Government Code Section
551.071, regarding Cause No. 04- 4001 -B, Tufts Cove
Investment Corporation, N.V. vs. City of Corpus Christi, in the
117th District Court of Nueces County, Texas, with possible
discussion and action related thereto in open session.
P. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at g:00 p.m., June 18, 2008.
Armando Chapa
City Secretary
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
Wednesday before regularly scheduled council meetings.
If technical problems occur, the agenda will be uploaded
on the Internet by Thursday morning.
Symbols used to highlight action items that implement
council goals are on attached sheet.
City Council Goals 2007 -2009
iielk
NMI
Develop Street Plan
Texas A &M University— Corpus Christi
Expansion
Neighborhood Improvement Program
(NIP) and Model Block Expansion
Development Process Improvement
Bond 2008
Coliseum Plan
Master Plan Updates
Improve Code Enforcement
Downtown Plan
Charter Review
1
PRESENT
Mayor Henry Garrett
Mayor Pro Tem John Marez*
Council :Members:
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla Leal
Michael McCutchon
Nelda Martinez
ABSENT
Melody Cooper
*Arrived at 10:08 a.m.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 10, 2008 - 10:00 a.m.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
Assistant City Secretary Mary Juarez
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor David Lewis with Bayshore Bible Church and the
Pledge of Allegiance to the United States flag was led by Mayor Henry Garrett.
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 Garrett called for approval of the minutes of the regular Council meetings of May 20,
2008 and May 27, 2008 and the special meeting of June 1, 2008. A motion was made and passed
to approve the minutes as presented.
* * * * * * * * * * **
Mayor Garrett called for consideration of the consent agenda (Items .2 - 16). Mr. Charles
Roberts requested that Item 9 be pulled for individual consideration. Council members requested
that Items 10, 12, and 15 be pulled for individual consideration. Assistant City Secretary Juarez
polled the Council, for.theirvotes.as follows:
2. MOTION NO. 2008 -132
Motion approving the purchase of five (5) heavy trucks from Grande Truck Center, of San
Antonio, Texas, based on low bid, in accordance with Bid Invitation No. BI- 0156 -08 for a
total amount of $405,602. The vehicles will be used by the Gas and the Solid Waste
Departments. All five units are replacements to the fleet. Funding is available in the Public
- Health & Safety 2008 Tax Notes Capital Improvement Project (CIP) Fund and the
Maintenance Services Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were
absent.
—1—
Minutes — Regular Council Meeting
June 10, 2008 — Page 2
3. MOTION NO. 2008 -133
Motion approving a Service agreement with R & R Delivery Service, of Corpus Christi, Texas
for meal delivery service consisting of the delivery of approximately 133,000 meals for the
Elderly Nutrition Program, Adult Protective and Title XX Meals on Wheels, in accordance
with Bid Invitation No. BI- 0136.08 based on low bid for an estimated annual expenditure of
$171,570, of which $28,595 is required in FY2007 -2008. The term of the agreement will be
for twelve months with options to extend for up to two additional twelve -month periods,
subject to the approval of the contractor and the City Manager, or his designee. Funds have
been budgeted by the Senior Community Services Division of the Parks and Recreation
Department in FY 2007 -2008.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, and Martinez, voting 'Aye"; Cooper and Marez were
absent.
4. MOTION NO. 2008 -134
Motion approving the purchase of 120 tasers, and 2,100 taser cartridges from GT
Distributors, of Austin, Texas, based on sole source for a total expenditure of $166,972.20.
The equipment will be used by the Police Department. Funds are available through the
Crime Control Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Rummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were
absent.
5. MOTION NO. 2008 -135
Motion approving a supply agreement with Oil Patch Petroleum, Inc., of Corpus Christi,
Texas for lubricating oils, greases and antifreeze in accordance with Bid Invitation No. BI-
0138-08 based on low total bid for an estimated annual expenditure of $181,213.20, of
which $30,202.20 is required in FY 2007 -2008. The term of the agreement will be for twelve
months with options to extend for up to two additional twelve -month periods, subject to the
approval of the supplier and -the City Manager, or his designee. Funds have been budgeted
by the using departments in FY 2007 -2008:
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were
absent.
6. MOTION NO. 2008 -136
Motion approving a supply agreement with Morrison Supply Co., of San Antonio, Texas for
approximately 6,495 pipe repair clamps and couplings ranging in size from 2 inches to 30
inches in accordance with Bid Invitation No. BI -0120 -08 based on low bid and low bid
meeting specifications for an estimated annual expenditure of $336,931.87 of which
$56,155.32 is budgeted in FY 2007 -2008. The term of the contract is for twelve months with
options to extend for up to two additional twelve -month periods, subject to the approval of
the contractor and the City Manager, or his designee. These items are purchased into
Warehouse Inventory and charged out to the Water and Wastewater Departments.
Minutes — Regular Council Meeting
June 10, 2008 — Page 3
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were
absent.
7. ORDINANCE NO. 027717
Ordinance appropriating $16,997.29 into the Library Capital Improvement Program (CIP)
Fund No. 3210, Project No. 120095, for improvements to the Parkdale- Branch Library from
the following sources: $9,946.69 from unappropriated interest earnings from the Library CIP
Fund No. 3210 and $7,050.60 from royalties from oil, gas and mineral interests bequeathed
to the City from the Estate of William T. Neyland; changing FY 2007 -2008 Capital Budget
adopted by Ordinance No. 027546 to increase appropriations by $16,997.29.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting
"Aye"; Cooper and Marez were absent.
8. ORDINANCE NO. 027718
Ordinance authorizing the City Manager or his designee to execute a Use Permit with the
Special Olympics, Inc. for the use of the Memorial Coliseum parking lots from July 22, 2008
through July 28, 2008 for the 2008 Bay Ball Ballyhoop.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting
"Aye"; Cooper and Marez were absent.
11.a. MOTION NO. 2008 -138
Motion authorizing the City Manager or his designee to execute a construction contract with
SER Construction, of Pasadena, Texas, in the amount of $861,493.20 for the Wood River
Lift Station Upgrades for Total Base Bid "A ".
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were
absent.
11.b. MOTION NO. 2008 -139
Motion authorizing the City Manager or his designee to execute a construction contract with
Big State Excavation of Corpus Christi, Texas, in the amount of $1,372,420 for the Wood
River Lift Station Force Main Extension for Total .Base Bid "B ".
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were
absent.
13.a. MOTION NO. 2008 -141
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, LP, of
Corpus Christi, Texas in the amount of $72,965 for a revised fee of $120,200 for the Street
Overlays Cluster 1 Project. -3-
Minutes — Regular Council Meeting
June 10, 2008 -- Page 4
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were
absent.
13.b. MOTION NO. 2008 -142
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas in the
amount of $70,660 for a revised fee of $115,61.0 for the Street Overlays Cluster 2 Project.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were
absent.
13.c. MOTION NO. 2008 -143
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with RVE, Inc., of Corpus Christi, Texas in the amount of
$52,890 for a revised fee of $97,530 for the Street Overlays Cluster 3 Project.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were
absent.
14.a. MOTION NO. 2008 -144
Motion to ratify payments to Kuhn Crane Co., of Corpus Christi, Texas in the amount of
$106,920 for rental of protective mats to support temporary leachate storage tanks at Cefe
Valenzuela Landfill.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were
absent.
14.b. MOTION NO. 2008 -145
Motion to ratify payments to Rain for Rent, of Corpus Christi, Texas in the amount of
$58,465.30 for rental of temporary leachate storage tanks and accessories at Cefe
Valenzuela Landfill.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were
absent.
16. ORDINANCE NO. 027720
Ordinance abandoning and vacating a 124.36- square foot portion of a 7.5 -foot wide utility
easement out of the Bent Tree Subdivision, Block 2, Lot 15, adjacent to Bretshire Drive and
approximately 153 -feet south of the Raven Hill Road and Bretshire Drive intersection;
requiring the owners, Roy Hranicky and Ruby Lou Hranicky, to comply with the specified
conditions.
—4—
Minutes — Regular Council Meeting
June 10, 2008 — Page 5
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting
"Aye"; Cooper and Marez were absent.
Mayor Garrett opened discussion on Item 9 regarding a temporary street closure application
from Special Olympics Texas. Charles Roberts, 2142 Alazan, stated that the certificate of insurance
for the Special Olympics Texas closure met all of the requirements of the Code of Ordinances. Mr.
Roberts questioned the reason that the permit from the Downtown Management District for the
South Texas Celtic Music Festival was approved without the proper insurance requirements.
Assistant City Secretary Juarez polled the Council for their votes as follows:
9. MOTION NO. 2008 -137
Motion approving the application from Special Olympics Texas to temporarily close Park
Avenue from northbound Shoreline Boulevard to southbound Shoreline Boulevard for the
"19th Annual Pepsi Bay Ball Ballyhoop," beginning at 7:00 a.m. on July 26, 2008 through 8:00
p.m. on July 27, 2008.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent.
Mayor Garrett opened discussion on Item 10 regarding an Interlocal Agreement with the
Corpus Christi Independent School District (CCISD) for transportation services. Council Member
Leal asked for the location of the sites for the summer programs. Stacie Talbert, Superintendent of
Recreation Services, said the camps are held at the recreation facilities, Club Estates Elementary
School, Fannin Elementary School, Windsor Park Elementary School, Yeager Elementary School,
Chula Vista Elementary School and Calk Elementary School. Ms. Leal asked how many of these
schools were located in the 78415 area. Ms. Talbert stated that two schools were in the 78415 area
and that there are several participants from the 78415 area in the program. Ms. Leal asked whether
Calallen and Tuioso- Midway were provided services. Ms. Talbert stated that the City does not have
programs for those areas. Assistant City Secretary Juarez polled the Council for their votes as
follows:
10. RESOLUTION NO. 027719
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Corpus Christi Independent School District to provide transportation services for
youth recreation programs.
The foregoing resolution was passed and. approved with thefollowing vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Items 12 and 15 regarding Master Channel 27
Improvements. Council members asked questions regarding the total costs of the Master Channel
27 improvements; the cost for land acquisition; the total drainage area; the percentage of
undeveloped area three years ago; whether the master plans have to be updated prior to
implementing impact fees; whether staff is working on the master plans; whether the Council has to
follow the consultant's recommendations; whether the City currently has a storm water master plan;
the reasons for completely redoing the storm water master plan; whether the storm water master
plan has been updated in the last 40 years; the minimum level of protection standards; the
requirements for new developments to build adequate levels of protection; the level of protection
standards approved in October 2006; whether builders build arterial streets; prior administrative
action; mitigation of the wetlands; the status of tlorm water master plan; the entity that pays for
Minutes — Regular Council Meeting
June 10, 2008 — Page 6
the retention ponds at the HEB on Saratoga and Williams and Airline; the status on the completion
of the ditch; whether the ditch will handle drainage for Cimarron and Yorktown; the reason for
authorizing six administrative awards in May 2008; the estimated amount of money the City could
have collected if impact fees were in place; and ways to enable the Council to address impact fees
prior to the completion of the master plan. A brief discussion ensued regarding impact fees.
Dr. McCutchon made a motion directing staff to place an item on the agenda in the next 30
days to develop a schedule for implementing impact fees and a discussion on the solvency of the
trust funds. The motion was seconded by Ms. Martinez and passed. Assistant City Secretary Juarez
polled the Council for their votes as follows:
12. MOTION NO. 2008 -140
Motion authorizing the City Manager or his designee to execute Change Order No. 11 with
Ramos Industries, Inc., of Pasadena, Texas, in the amount of $393,450.15 for the Master
Channel 27 Improvements project for U. S. Army Corps of Engineers (USACE) mitigation
work.
The foregoing motion was passed-and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent.
15. MOTION NO. 2008 -146
Motion authorizing the City Manager or his designee to execute a Real Estate Sales
Contract and a UtilitylTemporary Construction Easement with the property owner, Alty
Enterprises, Inc., in the total amount of $254,066 for fee simple property rights to a 1.740 -
acre tract of land known as Parcel 12A and for a 0.212 -acre Utility Easement and 0.705 -acre
Temporary Construction Easement collectively known as Parcel 12B, plus $2,200 in
estimated closing costs; all out of Lot 7, Section 20, Flour Bluff & Encinal Farm & Garden
Tracts, located on Saratoga Boulevard, west of Rodd Field Road; necessary for the Master
Channel 27 Drainage Improvement Project and for other related public purposes.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent.
* * * * * * * * * * * **
Mayor Garrett referred to Item 23 regarding a report on the South Texas Jail Diversion
Program and the Corpus Christi Police Department Crisis Intervention (CIT) /Jail Diversion. Police
Chief Bryan Smith introduced- ChiefJohn. Gaivan:and Program Administrator Debbie Dumesnil with
the South Texas Jail Diversion Program. Chief Gaivanexplained that the Jail Diversion grant was for
a three year period with 112 trained officers. Chief Galvan stated that this program is to identify
arrestees that are mentally ill and divert them to the mental health system for treatment. Ms.
Dumesnil provided a brief overview of the program including the history of the jail diversion program;
the definition of jail diversion; the development of the grant proposal; the success of the program in
other cities; the participating agencies; the City's contribution; the criteria for the program; pre -
booking and post - booking procedures; the benefits of the program; and the education campaign.
Council members asked questions regarding whether there is any money still available in the
grant; whether the City is expected to fully fund continuation of the program; the location that
arrestees go once eligibility is determined; whether eligible participants receive mental health
treatment; how the grant money was used; what happens to the criminal charges for individuals in
Minutes — Regular Council Meeting
June 10, 2008 — Page 7
the program; the list provided of participants in the program; how success of the program is
measured; and an analysis of the recidivism rate.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
Mayor Garrett called for petitions from the audience. Charles Roberts, 2142 Alazan, spoke
regarding the auto liability insurance missing from the application for the South Texas Celtic Music
Festival approved by City Council on April 29th• Mike Staff, 3122 Leopard Street, thanked the
Council for approving the purchase of additional tasers for the Police Department. Mr. Staff also
spoke in support of expediting the contract with the Corpus Christi Firefighters Association. Drue
Combs, 410 Colony Drive, asked the Council to consider restoring the budget for the Sister City
Committee. Brenda Williams and Willie Perez were also in attendance to show their support for the
Sister City Program. Jerry Garcia, President of Southside Youth Sports Complex, spoke regarding
charges for labor on an open records request and the eligibility of projects for the Community
Development Block Grant (CDBG). Richard Pulido, 5617 Narasonne Street, provided a resolution
from the Human Relations Commission requesting sufficient funding for the Human Relation's
Department and to restore the Department's staffing to nine (9) permanent positions. Rolando Garza
spoke regarding the priorities of the Council. Carlos Torres, President of the Corpus Christi
Firefighters Association, spoke in support of the Fire Department budget and finalizing negotiations
with the firefighters. Bob Algeo, 15629 Three Fathoms, spoke regarding safety on the beach on
Padre lsalnd. Mr. Algeo requested a moment of silence for late Coast Guard Amy Ignatowski.
* * * * * * * * * * * **
Mayor Garrett returned to item 23 regarding a report on the South Texas Jail Diversion
Program and the Corpus Christi Police Department Crisis Intervention (CIT) /Jail Diversion. Senior
Officer Denise Pace provided a powerpoint presentation on the Crisis Intervention Team Program
including how the CIT program is defined; goals; the CIT model; training; community collaboration;
trained agencies; and the benefits to the City.
In response to Mayor Garrett, Police Chief Bryan Smith said that his goal is to get all of the
department's police officers trained.
* * * * *- *r*- * * * * **
Mayor Garrett referred to Item 17, and a motion was made, seconded and passed to open
the following public hearing:
17. Public hearing on the FY 2008 -2009 Budget adopted by the Corpus Christi Crime Control
and Prevention District Board of Directors.
Police Chief Bryan Smith provided a brief overview of the core programs including the 50
police officers; the Juvenile Assessment Center (JAC); Pawn Shop Detail; and Graffiti Eradication.
Council Members asked questions regarding the number of officers; how the Crime Control
and Prevention District is funded; the board's commitment to the graffiti program; the reason the
board did not support the addition of a graffiti truck; the cost to fund the 50 officers; other types of
equipment to eradicate graffiti; and whether the cost of a graffiti truck includes staffing personnel.
—7—
Minutes — Regular Council Meeting
June 10, 2008 -- Page 8
Mike Staff, 3122 Leopard, encouraged the Council to adopt the budget as presented. Mr.
Staff stated that the board completely supports graffiti eradication; however, felt that officers needed
additional equipment. Mr. Kelly made a motion to close the public hearing, seconded by Mr. Marez,
and passed.
* * * * * * * * * * * **
Mayor Garrett opened discussion on Item 18 regarding the North Port Avenue Project from
Interstate Highway 37 to U.S. Highway 181. Interim Assistant City Manager Angel Escobar
explained that this item is to execute Amendment No. 1 for professional services with MEI Maverick
Engineering. Mr. Escobar stated that this project is a joint project between the Texas Department of
Transportation (TxDOT) with an 80/20 cost share and the City is responsible for land acquisition and
utilities associated with the project. Ron Guzman, Project Manager, referred to a powerpoint
presentation including the project limits; the current conditions of Port Avenue; project activities
completed to date; goals; land acquisition requirements; and project schedule.
Council members asked questions regarding the sections of Port Avenue that still have the
original concrete; development of sidewalks; whether this project is a Bond 2004 project; funding
from the Texas Military Value Revolving Loan Fund; the cost of the City's portion for the project;
whether the first phase of the project come in as budgeted; an explanation of the summary of fees;
whether the project agreement had four phases; whether there was a list of costs associated with
the preliminary phase; whether the original contract work is completed; programmatic categorical
exclusion; how the money was spentforthe formal public involvement process; land acquisition; and
whether staff anticipates that Port Avenue will be built with concrete.
There were no comments from the audience. Assistant City Secretary Juarez polled the
Council for their votes as follows:
18. MOTION NO. 2008-147
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with MEI Maverick Engineering, Inc. in the amount of
$1,970,108 for a total restated fee not to exceed $2,719,329 for the North Port Avenue
Project from 1H -37 to US 181. (BOND ISSUE 2004))
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were
absent.
* * * * * * * * * * * **
Mayor Garrett referred to Item 20 regarding an update from the Convention and Visitor's
Bureau (CVB) on the Nature Tourism Initiative. Keith Arnold, CEO of the CVB, introduced Ted
Eubanks, Nature Tourism Consultant. Mr. Eubanks provided a brief overview of the nature tourism
initiative including an inventory of potential sites in the region; public outreach meetings; launching
of the new website and materials by July 2008; and next steps. Mr. Eubanks said this initiative is an
effort on the part of the CVB and the community to position Corpus Christi as a place to play from a
natural standpoint.
Mayor Garrett referred to Item 21 regarding a presentation, "Corpus Christi: An Age - Friendly
Community," presented by the Mayor's Council on Aging. Superintendent of Senior Community
Services Elsa Munoz introduced Betty Lamb, Chairperson, and Janne Shoe, Secretary, of the
Mayor's Council on Aging. Ms. Munoz providls &Un overview of the Mayor's Council on Aging
Minutes — Regular Council Meeting
June 10, 2008 — Page 9
including the mission; history; purpose; membership profile; database members; and a demographic
of the individuals 65 or older.
Ms. Lamb provided information on the demographics specific to the Corpus Christi area; the
national trend; an action plan for the aging community; and key issues affecting senior. Ms. Shoe
spoke regarding the current progress; initiatives; economic benefits; suggestions for emerging as an
age- friendly community; examples of programs in place; and continuing characteristics. Ms. Shoe
stated that the recommended council action is to identify aging issues as a council priority; assess
the city services to become age friendly; assess and plan for economic impact of the "aging in
place "; and offer aging sensitivity training for public service employees.
Council Member McCutchon suggested that the first resource to assist the aging should be
education of family members. Council Member Leal asked questions regarding whether there are
programs available to assist senior citizens with plumbing issues. Ms. Munoz said there currently are
no resources in place. Ms. Leal stated that she has requested that a senior center be placed in
District 3.
Mayor Garrett referred to Item 19 regarding an overview of the Proposed FY2008 -2009
Operating Budgets for the General Fund. Assistant City Manager Oscar Martinez referred to a
powerpoint presentation including the balanced scorecard; major revenue sources; revenue items;
history of net taxable values; history of assessed valuations; history of ad valorem tax rates; sales
tax collections; general fund unreserved fund balance; budget reductions; major expenditures by
department; expenditure increases; full time equivalent changes; and expenditures by function for
General Government Services, Fire, Police, Health, Library, Park and Recreation, and
Neighborhood Services.
Fire Chief Richard Hooks provided a brief overview of the department including services
performed.; the total proposed budget; number of uniform and civilian personnel; operating
expenses; the addition of staffing for the new EMS unit and the Southside Fire Station; the funding
for two EMS units and replacement pumpers; concerns with the reserve fleet; challenges; and new
systems.
Director of Human Relations Leon Bazar spoke regarding the reduction of staffing for the
Human Relations Department and the impact to the department.
Police Chief Bryan Smith gave a brief presentation including the number of officers and
civilians; the total budget; personnel costs; the increase in the capital and operating budget;
additional staffing and modifications; the new Coplogic Online Citizen Police Reporting system; the
attrition level; overtime increases; and fleet replacement.
Interim Director of Public Health Administration Annette Rodriguez provided information
including a background of the department; building maintenance and safety issues; personnel
issues regarding the different types of employees, policy issues, software, holidays, administrative
positions, compensation, budget, and fiscal years; and testing. Ms. Rodriguez said the Health
Department is requesting funding from the supplemental budget for additional staffing; a new
building; increased funding for nurse salaries; integrated patient information billing system; vector
control cross - training; equipment maintenance; automated imaging system to retain birth
certificates; and a TB (tuberculosis) van for outreach. Animal Care /Control Program Manager Kelli
Copeland addressed the staffing issues of the department.
-9-
Minutes — Regular Council Meeting
June 10, 2008 — Page 10
Director of Libraries Herb Canales spoke regarding the increase in the budget for the
Southside library; a comparison on the budget of other libraries in the state; capital improvement
projects; the annual number of visitors; the number of items circulated; the book budget; the number
of children served through programs; the number of website visitors and hits; and facility challenges.
Director of Parks and Recreation Sally Gavlik provided a brief overview of the budget
including the components of the department; increase in revenues and expenditures; initiation of the
Turtle Patrol; personnel, food costs, maintenance supplies and tool increases; major
accomplishments; completion of the bond projects; reduction of summer youth programs;
elimination of park services, skate park attendants, support of special events, and the Sister City
Program; closure of TC Ayers Recreation Center and HEB Pool; the reduction of contract labor and
travel; and major concerns.
Director of Neighborhood Services Yvonne Haag provided the following information: funding
for the department; the three divisions of the department; recent ordinance changes; initiatives; NIP
and Model Block programs; postage increase; reduction of two positions; request for additional staff;
anticipated increase in revenues for demolition, lien accounts, and special debris pickup;
implementation of additional fines and penalties; continued opportunities; and budget challenges.
Council members asked questions regarding how franchise taxes vary with the economy;
projected tax revenues for 2009; adjustments for inflation; where the funds came from to develop
the unreserved fund balance; whether any moneywent into the unreserved fund balance this fiscal
year; salary savings for vacancies; whether the fund balance would be used for cost of fuel; whether
there would be a decrease in the fund balance if expenditures exceed revenues for 2008; whether
the personnel reduction amount is for the proposed 23 cut positions; whether all vacant positions
have been frozen; whether it is feasible to freeze vacant positions rather than occupied positions;
the number of proposed cut positions that have a person in place; the operating reductions; whether
people will be loosing their jobs; whether the council goals will be affected by this budget; garbage
service pickup; the Director of E- Government position; comparison of other cities for municipal court
judge salaries; the 15% increase in the fire operating budget; ISO rating; whether the Fire
Department relies on grants to purchase protective equipment; maintenance repairs for fire stations;
the figure set for the price of fuel; the use of fire trucks as a secondary response; the number of
times fire trucks go to a scene but are not needed; whether citizens will prepare police reports on-
line and the category of reports; attrition for the Police Department; the red light camera system; the
difference in salaries at the Health Department; creation of an independent health district; whether
services at the Health Department are duplicated; the number of injured staff members at Animal
Care; the MIS allocation for Animal Care; collecting permit fees from various animal shops; the book
budget; whether the •Library receives donations for books; whether the ,Library received donations for
the naming of the Dr. Clotilde Garcia Library; the reason TC Ayers was considered for closure;
whether the TC Ayers outdoor facility is still available; whether the Solomon Coles center will have
the same or new programs as TC Ayers; the number of students funded by Sister City; whether
there will be a reduction in summer programs; the age of the HEB pool; plans for the HEB pool
property and TC Ayers facility; the five (5) additional code enforcement offices requested by
Neighborhood Services; programs to refer the elderly to that have codeenforcement fines; whether
there will be any new NIP areas; the number of outstanding code cases; the percentage of efforts
directed toward brush; the percentage of outstanding code enforcement cases related to brush; the
amount of generated revenue from code enforcement; the percentage of fines for code violations
that are not collected; and repeat violations for code enforcement.
Mayor Garrett announced that the Council would continue the special presentation on the
Proposed Operating Budgets to the General Fund prior to the consent agenda at the next Council
meeting.
—10—
Minutes — Regular Council Meeting
June 10, 2008 — Page 11
Item 22 regarding the Bond Issue 2008 Project Recommendations was postponed by staff.
* * * * * * * * * * * **
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 5:45 p.m. on June 10, 2008.
2
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 06124/08
AGENDA ITEM:
A. Resolution authorizing the City Manager, or designee, to execute an interlocal agreement
between the City of Corpus Christi and Nueces County to establish terms for the sharing
of the 2008 Edward Byme Memorial Justice Assistance Grant (JAG) Program Award.
B. Resolution authorizing the City Manager, or designee, to submit a grant application in the
amount of $73,850 to the U.S. Department of Justice, Bureau of Justice Assistance for
funding eligible under the FY 2008 Edward Byme Memorial Justice Assistance Grant,
50% of the funds to be distributed to Nueces County under the established interlocal
agreement. Grant funds will be used for the enhancement of Iaw enforcement efforts by
the Police Department and Nueces Count
ISSUE: The Department of Justice provides funding opportunities each year in an effort to
reduce crime and improve public safety through various methods, including the procuring of
equipment, technology, and other material directly related to basic Iaw enforcement functions.
REQUIRED COUNCIL ACTION: Approval of the interlocal agreement and approval to submit the
grant application.
FUNDING: There is no match required of the grant. Funds are available for a 4-year period
beginning 10/01/2007 (the first fiscal year of the appropriation).
CONCLUSION AND RECOMMENDATION: Staff recommends submission of the grant
application and approval of the interlocal agreement.
Bryan P. Smith
Chief of Police
Attachments:
Interlocal Agreement
BACKGROUND INFORMATION
A. Under the Justice Assistance Grant (JAG) (previously Local Law Enforcement Block Grant
LEBG), we have been declared a disparate jurisdiction and have agreed to split the funds
50/50 with Nueces County. A disparate allocation occurs when a constituent unit of local
government is scheduled to receive one and one half times more (four times more for
multiple units of local govemment) than another constituent unit(s), while the other unit of
local government bears more than 50% of the costs of prosecution or incarceration that arise
for Part 1 violent crimes reported by the geographically constituent unit(s).
Jurisdictions certified as disparate must submit a joint application for the aggregate of funds
allocated to them, specifying the amount of the funds that are to be distributed to each of the
units of local government and the purposes for which the funds will be used. When beginning
the JAG application process, a Memorandum of Understanding (MOU) must be completed,
signed, and faxed to OJP, indicating who will serve as the applicant/fiscal agent for the joint
funds. The City and County staff met and agreed that the City will serve as the lead agency,
and the Nueces County Commissioners Court approved the interlaced agreement as well as
proposed expenditures on June 18, 2008.
B. JAG funds can be used for state and local initiatives, technical assistance, training,
personnel, equipment, supplies, contractual support, and information systems for criminal
justice for any one or more of the following purpose areas:
• Law enforcement programs • Prosecution and court programs
• Prevention and education programs • Drug treatment programs
• Corrections and community corrections programs
• Planning, evaluation, and technology improvement programs
With this award, the program has provided a total of $3,752,727 in grant funds to the City
since the program began in 1996. The funds have been used to purchase backbone
equipment for the Mobil Data/Automated Vehicle Location project, 27 police package
vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized
radios, radios for the Communications van, digital cameras, radars, video cameras, personal
computer hardware and software, an upgrade to the computer system and the radio
microwave system, a mobile police substation, polygraph instrument, air packs, SWAT
rescue vehicle, and other police equipment.
The Police Department proposes to purchase law enforcement equipment within the Attorney
General Priority areas of gang enforcement/prevention, cybercrime, and intelligence analysis.
Nueces County proposes to utilize their share of the JAG funds to fund a Drug Prosecutor in the
District Attorney's office and other law enforcement equipment,
GMS APPLICATION NUMBER
THE STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL BY THESE PRESENT
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND COUNTY OF
NUECES, TEXAS
2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This agreement is made and entered into this day of , 2008, by
and between the COUNTY of NUECES, acting by and through its governing
body, the Commissioners Court,: hereinafter referred to as COUNTY, and the
CITY of CORPUS CHRISTI, acting by and through its governing body, the City
Council, hereinafter referred to as CITY, both of Nueces County, State of Texas,
witnesseth:
WHEREAS, this Agreement is made under the authority of Section 791.011(a),
Government Code: and
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of governmental functions hereunder, shall make that
performance or those payments from current revenues legally available to that
party: and
WHEREAS, each governing body finds that the performance of this Agreement
is in the best interests of both parties, that the undertaking will benefit the public,
and that the division of costs fairly compensates the performing party for the
services or functions under this agreement: and
WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50 %) of all
funds,received:from the JAG award: and
WHEREAS, the CITY and COUNTY believe it to be in their best interests to
reallocate the JAG funds.
GMS APPLICATION NUMBER
NOW THEREFORE, the COUNTY and CITY agree as follows:
Section 1.
CITY agrees to pay COUNTY a total of fifty percent (50 %) of JAG funds received
from this award.
Section 2.
COUNTY agrees to use the fifty percent (50 %) of JAG funds received from CITY
under this agreement for the enhancement of law enforcement during its 2008-
2009 fiscal year.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for claims
against COUNTY other than claims for which liability may be imposed by the
Texas Tort Claims Act.
Section 4.
Nothing in the performance of this Agreement shall impose any liability for claims
against CITY other than claims for which liability may be imposed by the Texas
Tort Claims Act.
Section 5.
Each party to this Agreement will be responsible for its own actions in providing
services under this Agreement and shall not be liable for any civil liability that
may arise from the furnishing of the services by the other party.
Section 6.
The parties to this Agreement do not intend for any third party to obtain a right by
virtue of this Agreement.
Section 7.
By entering into this Agreement, the parties do not intend to create any
obligations, express or implied, other than those set out herein. Further, this
Agreement shall not create any rights in any party not a signatory hereto.
GMS APPLICATION NUMBER
CITY OF CORPUS CHRISTI COUNTY OF NUECES
George K. Noe
City Manager
ATTEST:
Armando Chapa
City Secretary
APPROVED AS TO FORM:
Samuel L. Neal, Jr.
County Judge
Diana Barrera
County Clerk
Joseph Harney Laura Garza Jimenez
Assistant City Attorney County Attorney
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY
OF CORPUS CHRISTI AND NUECES COUNTY TO .ESTABLISH
TERMS FOR THE SHARING OF THE 2008 BYRNE JUSTICE
ASSISTANCE GRANT (JAG) PROGRAM AWARD,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager, or his designee, is authorized to execute an
interlocal agreement between the City of Corpus Christi and Nueces County to establish
terms for the sharing of the 2008 Byme Justice Assistance Grant (JAG) Program
Award.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: , 2008.
47r
Joseph Harney
Assistant City Attorney
For City Attorney
Resol- lntAg- ByrneAwd.doc
_20_
Henry Garrett
Mayor
Corpus Christi, Texas
of , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Resol- IntAg- BymeAwd.doc
_21_
2
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
SUBMIT A GRANT. APPLICATION IN THE AMOUNT OF $73,850
TO THE U. S. DEPARTMENT OF JUSTICE, BUREAU OF
JUSTICE ASSISTANCE, FOR FUNDING ELIGIBLE UNDER THE
FY 2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT, 50% OF THE FUNDS TO BE DISTRIBUTED TO
NUECES COUNTY UNDER THE ESTABLISHED INTERLOCAL
AGREEMENT. GRANT FUNDS WILL BE USED FOR THE
ENHANCEMENT OF LAW ENFORCEMENT EFFORTS BY THE
POLICE DEPARTMENT AND NUECES COUNTY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS THAT:
SECTION 1. The City Manager, or his designee, is authorized to submit a grant
application in the amount of $73,850 to the U. S. Department of Justice, Bureau of
Justice Assistance, for funding eligible under the FY 2008 Edward Byrne Memorial
Justice Assistance Grant, 50% of the funds to be distributed to Nueces County under the
established interlocal agreement. Grant funds will be used for the enhancement of
law enforcement efforts by the police department and Nueces County.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to form ative 1 , 2008
Joseph Harney
Assistant City Attorney
For City Attorney
Corpus Christi, Texas
of , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
3
AGENDA MEMORANDUM
City Council Action Date June 24 2008
AGENDA ITEM:
Item A: AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT TWO
GRANT AMENDMENTS, TOTALING $115,750, FROM THE TEXAS DEPARTMENT OF
STATE HEALTH SERVICES FOR THE WOMEN, INFANTS, AND CHILDREN
PROGRAM, WITH CHANGES AS FOLLOWS: (1) AN INCREASE IN THE
REIMBURSEMENT RATE TO $11.83 PER PARTICIPANT SERVED, RESULTING IN AN
ADDITIONAL $15,250 IN PROGRAM INCOME, AND (2) ADDITIONAL FUNDS OF
$100,500 FOR SUPPLIES, EQUIPMENT, TRAVEL, BATHROOM RENOVATIONS, AND
PURCHASE OF A MODULAR BUILDING, SUBJECT TO FURTHER APPROVAL OF THE
STATE AND THE USDA; AND TO EXECUTE ALL RELATED DOCUMENTS.
Item B: APPROPRIATING TWO GRANT AMENDMENTS, TOTALING $115,750, FROM
THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH
GRANTS FUND FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM AS
FOLLOWS: (1) $15,250 IN PROGRAM INCOME DUE TO A CHANGE IN THE
REIMBURSEMENT RATE PER PARTICIPANT SERVED, AND (2) $100,500 IN
ADDITIONAL FUNDING FOR STATE AND FEDERALLY - APPROVED PROGRAM
EXPENSES; AND DECLARING AN EMERGENCY.
ISSUE: The Bureau of Clinical and Nutrition Services, Department of State Health Services
(DSHS), provides funding for supplemental food vouchers, and nutrition education at no
cost to low income pregnant and postpartum women, infants, and children (WIC). Services
are performed in accordance with the terms and specifications of the DSHS and the United
States Department of Agriculture (USDA). This is based on a revised reimbursement rate
of $11.83 for each participant from May 1st through September 31, 2008. In addition DSHS
has also awarded $100,500 additional dollars for outreach materials, computers, modular
WIC offices, renovations and travel. This is a non competitive grant with neutral budget
impact.
REQUIRED COUNCIL ACTION: Acceptance of the amendment and appropriation of
funds.
PREVIOUS COUNCIL ACTION: Council approved funding for FY07 -08.
FUNDING: No match funding required.
CONCLUSION AND RECOMMENDATION: Reommend City uncil to approve and
appropriate funding for WIC services. 1 )
Annette Rodriguez, MPH
Interim Director of Health
BACKGROUND INFORMATION
The special supplemental nutrition program for women, infants, and children (WIC) is a
health and nutrition program that is successful in improving the diets of infants, children,
and pregnant, postpartum, and breastfeeding women who are eligible for the program
through low income and nutrition- related risks. This item continues the current contract
with the Department of State Health Services (DSHS) to provide services to low income
women, infants, and children with additional funding. The contract is from 10/01/07
through 09/30/08. The main goal of the WIC program is to educate mothers about proper
nutrition for their babies and young children. The WIC division serves an average of 5,000
WIC clients per month.
DEPARTMENT OF STATE HEALTH SERVICES
Amendment
To
The Department of State Health Services (DSHS) and CORPUS CHRISTI- NUECES COUNTY PUBLIC
HEALTH DISTRICT (CITY) (Contractor) agree to amend the Program Attachment # 001 (Program
Attachment) to Contract # 2008 - 024669 (Contract) in accordance with this Amendment No. OO1A : NSS -
WIC CARD PARTICIPATION , effective 05/01/2008 .
The purpose of this Amendment is To increase participant rate, extra funding required due to unexpected EBT
Implementation cost. New rate 11.83 effective May 1, 2008.
Therefore, DSHS and Contractor agree as follows: -
Change Program Attachment Number as follows:
PROGRAM ATTACHMENT NO. 001 001A
SECTION II. SPECIAL PROVISIONS, first paragraph under section titled PARTICIPANTS SERVED PER MONTH
MAXIMUM REIMBURSEMENT, is replaced with the following:
During the term of the contract Attachment, Contractor shall earn administrative funds at the rate of $11.22
$11.83 each participant served as defined above.
Department of State Health Services Contractor
Signature of Authorized Official Signature of Authorized Official
Date: Date:
Bob Bumette, C.P.M., CTPM Name:
Director, Client Services Contracting Unit Title:
1100 WEST 49TH STREET Address:
AUSTIN, TEXAS 78756
(512) 458 -7470
Bob.Bumette @dshs.state.tx.us
Phone:
Email:
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nt.City Attorney
For City Attorney
Annette Rodriguez - Re: Fwd: WIC FY08 Extra Funding Approval - Important Page 1
From: Monica Wysong
To: Rowland, Adel
Date: Mon, May 19, 2008 11:21 AM
Subject: Re: Fwd: WIC FY08 Extra Funding Approval - Important
believe Annette will be doing this...
»> Adel Rowland 5/19/2008 10:05 AM >»
So you will taking the additional funding and the contract amendment (rate change) to Council
accordingly?
»> Monica Wysong 5/19/2008 9:39 AM >»
Hello everyone, here is the confirmation letter I received for the additional funding I requested three weeks
ago, I submitted for $100,500.00. The state solicited the request a couple of days before the audit and it
was due on the last day of the audit, so I did not have a chance to discuss this with anyone. The state is
also increasing our base rate beginning in May 08, so there will be a need for a contract amendment,
Annette, I believe I forwarded that to you last week. I will attach the original letter from the state explaining
the changes. Thanks.
Outreach material $ 6,000.00
Laptop and projector $3,000.00
NE/BF conference $5,500.00
24X60 Modular WIC Administration Office $80,000.00
Flour Bluff restroom renovations $6,000.00
TOTAL $100,500.00
»> "Brookshire, Debbie" <Debbie.Brookshirec dshs.state.tx.us> 5/1612008 3:28 PM »>
The State Agency has received your, request for extra funding in fiscal
year 2008" your request has been approved. This is approval for extra
funding only This a mail does not relieve you-of the responsibility of
seeking additional approval if required by WIC policy. All items
requiring either State or USDA approval must be submitted to the
Contract Development & Support Branch (CDSB) via email at
cdsbadshs.state.tx.us no later than COB on Tuesday, June 3, 2008. Items
requiring State or USDA approval include:
* Computers (desktop and laptop). Requests for approval must
include equipment specifications,*
* Renovations. Please complete and submit Exhibit B, Worksheet
for Requests to Renovate or Repair Real Property, found at
htto://www.dshs.state.tx.us/wichdlfin/finfrm.shtm
<http: / /www.dshs. state .tx.us /wichd /fin /finfrm.shtm> , and
All equipment defined as an article of nonexpendable, tangible
personal property having a useful lifetime of more than one year and an
acquisition cost of $5,000 or more. **
Annette Rodriguez - Re: Fwd: WIC FY08 Extra Funding Approval - Important Page 2
* For additional information on allowable costs for computer equipment,
please refer to W1C Policy No. AC:39.0 at
http: /lwww.dshs. state .tx.uslwichd /secure- Do112005 pdf files /AC 39 -0.odf
< http : /Iwww.dshs.state.tx.us/wichd /secure- poI/2005 pdf files/AC 39 -0.odf
** For additional information on allowable costs for equipment and
designated reportable assets, please refer to WIC Policy No. AC:08.0 at:
htto: //www.dshs. state .tx.us /wichdlsecure -pol /2005 pdf files/AC 08 -0.odf
<http: //www.dshs. state .tx.us /wichd /secure- D0112005 Of files/AC 08 -0.pdf
>
Clinic equipment must meet the Nutrition Assessment Guidelines at:
htto://www.dshs.state.bc.ustwichdinut/pdf/GuidelinesNutAssmnt 06. pelf
<htto: //www.dshs. state. tx. usl wichd /nut/pdf /GuidelinesNutAssmnt 06.0df>
or receive SA approval.
The extra funding items must be billed on a separate State of Texas
Reimbursement voucher, B -13 and labeled FY 2008 extra funding. All
funds must be encumbered or obligated in your accounting records before
September 30, 2008, . and received, paid for, and billed by Friday,
November 28, 2008, in accordance with contractual requirements and WIC
Policy AC:2.0. Please keep documentation of your extra funding request
on file for audit or review.
If you have questions regarding' items requiring State or USDA approval,
please contact Benny Jasso at (512) 341 -4400, ext. 2351.
CC: Annette
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT
TWO GRANT AMENDMENTS, TOTALING $115,750, FROM THE
TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR THE
WOMEN, INFANTS, AND CHILDREN PROGRAM, WITH CHANGES AS
FOLLOWS: (1) AN INCREASE IN THE REIMBURSEMENT RATE TO
$11.83 PER PARTICIPANT SERVED, RESULTING IN AN ADDITIONAL
$15,250 IN PROGRAM INCOME, AND (2) ADDITIONAL FUNDS OF
$100,500 FOR SUPPLIES, EQUIPMENT, TRAVEL, BATHROOM
RENOVATIONS, AND PURCHASE OF A MODULAR BUILDING,
SUBJECT TO FURTHER APPROVAL OF THE STATE AND THE USDA;
AND TO EXECUTE ALL RELATED DOCUMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept two grant
amendments, totaling $115,750, from the Texas Department of State Health Services
for the Women, Infants, and Children Program, with changes as follows: (1) an increase
in the reimbursement rate to $11.83 per participant served, resulting in an additional
$15,250 in program income, and (2) additional funds of $100,500 for supplies, equip-
ment, travel, bathroom renovations, and the purchase of a modular building, subject to
further approval of the State of Texas and the U.S. Department of Agriculture; and to
execute all related documents.
ATTEST:
Armando Chapa
City Secretary
APPROVED: June 9, 2008
eth R. Hund ey
Ass ` tant City Attorney
for the City Attorney
Corpus Christi, Texas
EHres218.doc
—33—
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
day of , 2008
The above resolution was passed- by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell.
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
AN ORDINANCE
APPROPRIATING TWO GRANT AMENDMENTS, TOTALING
$115,750, FROM THE TEXAS DEPARTMENT OF STATE HEALTH
SERVICES IN THE NO. 1066 HEALTH GRANTS FUND FOR THE
WOMEN, INFANTS, AND CHILDREN PROGRAM AS FOLLOWS: (1)
$15,250 IN PROGRAM INCOME DUE TO A CHANGE IN THE
REIMBURSEMENT RATE PER PARTICIPANT SERVED, AND (2)
$100,500 1N ADDITIONAL FUNDING FOR STATE AND
FEDERALLY - APPROVED PROGRAM EXPENSES; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Two grant amendments, totaling $115,750, from the Texas Department of
State Health Services, are appropriated in the No. 1066 Health Grants Fund for the
Women, Infants, and Children Program as follows: (1) $15,250 in program income due
to a change in the reimbursement rate per participant served, and (2) $100,500 in
additional funding for State and federally- approved program expenses.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City
affairs, and (2) suspends the Charter rule that requires consideration of and voting
upon ordinances at two regular meetings so that this ordinance is passed and takes
effect upon first reading as an emergency measure on this the day of
, 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED: June 9, 2008
Eliza S'th R. Hundle
Assistant City Attorney
for the City Attorney
EHord231.doc
—35—
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to 3consideration:and
voting upon ordinances at two regular meetings:.11we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
4
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 24, 2008
AGENDA ITEM:
(a) A resolution authorizing the City Manager or designee to submit a grant application to the Coastal Bend Council of
Governments in the amount of $25,000 for Recycling and Anti - Litter Education.
(b) A resolution authorizing the City Manager or designee to submit a grant application to the Coastal Bend Council
of Governments in the amount of $6,000 for three events to be held in 2008 -2009: Recycled Art Contest open to
school children in grades K -6, Christmas Tree recycling event, and the 2008 Clean Air Fair.
ISSUE: The Coastal Bend Council of Governments' Regional Solid Waste Grant application process requires the
approval of a resolution by the City Council.
BACKGROUND: The Texas Commission on Environmental Quality (TCEQ) Grants are administered locally through the
Coastal Bend Council of Governments (CBCOG). The purpose of the grant program is to provide funding for eligible local
and regional municipal solid waste projects in support of the adopted regional solid waste management plan for the CBCOG
region. In 2002 -2003 Solid Waste received a total of $125,000 for the following: $45,000 for Household Hazardous Waste
Disposal costs, $55,000 fora Brush Loader, $10,000 fora Recycling Media/Outreach program, $10,000 for a Household
Hazardous Waste Media /Outreach Program, and $5,000 to publicize and increase participation in Stop Trashing Corpus
Christi Community clean -up events
In 2003 -2004, Solid Waste received a total of $56,932 for the following: $46,932 for Solid Waste Local Enforcement and
$10,000 for Litter and Illegal Dumping Cleanup program.
In 2004 -05, Solid Waste received a total of $38,619 for the following: $ 26,619 for Solid Waste Local Enforcement, $2,000
for Education and Training, $10,000 for Litter and Illegal Dumping Cleanup programs.
In FY 2005 -2006, Solid Waste received a total of $44,880 for the following: $10,000 for Community Media Outreach
campaign for the City's Anti - Litter Ordinance, $10,380 for a third year of grant funding for an Assistant Compliance Officer,
$4,500 for a the disposal of scrap tires collected during the City's Neighborhood initiative Program, and $20,000 to purchase
new collection units for used oil and HHW storage modules for the new Collection /transfer Station at the J.C. Elliott Landfill.
In FY 2006 -2007, Solid Waste received a total of $15,000 for recycling and anti - litter education.
Two grants were approved for the City in FY 2007 -2008 total $31,120. AU requested grant funding supports specific goals
and objectives of the CBCOG Regional Solid Waste Management Plan, TCEQ, and State of Texas.
FUTURE COUNCIL ACTION: Acceptance of a Solid Waste Grants and approval of inter -local agreements between the City
and the CBCO'G, appropriation of Federal /State Grant(s).
RECOMMENDATION: Approval of the resolutions as submitted.
Lawrence Mikolajczyk, Assis't`ant Director
Streets & Solid Waste Services
FORM 6: Project Summary
Please provide a complete project summary. Reference the goals, objectives, and/or
recommendations from the regional solid waste management plan that apply to the project, and
how the project will assist in implementing the plan. Refer to the application instructions when
completing these forms. If necessary, attach additional pages for each form.
Form 6a. Project Description (add additional pages as necessary)
Project Title: Community Outreach Campaign to Promote Recycling and Reduce Illegal
Dumping
Program Objective and Summary: The program objective is to increase public awareness and
participation in the City's recycling program, compliance with the anti -litter ordinance, and help
reduce illegal dumping throughout the City of Corpus Christi.
The COG Grant monies will fund television and radio advertising, printed educational materials,
and recycling giveaway items, to increase compliance with the Anti -Litter Ordinance, improve
participation in the recycling program, and reduce illegal dumping.
The City of Corpus Christi Solid Waste Services Department will continue to fund the position
entitled "Clean City Programs Coordinator ". This position will continue to be responsible for
administering these grant monies to assure effective and prudent fiduciary control.
The Solid Waste Services Department annually mails approximately 79,000 brochures to provide
residential and commercial customers information on refuse collection/disposal, recycling,
household hazardous waste, brush and yard waste, bulky item collection, an d a phone number to
report illegal dumping.
The Solid Waste Services Department plays an active role in promoting recycling and educating
the public regarding solid waste ordinances by actively participating in the City's Neighborhood
Initiative (NIP) and Pride programs. These designated NIP areas benefit from an intense
infusion of City services aimed to reduce litter, illegal dumping, crime, unsafe structures, junk
automobiles, high weeds and other Code violations. Residents and property owners are
introduced to key City personnel from an array of Departments, provided with their direct
telephone numbers, and encouraged to call them with requests for City services or to report Code
violations.
The Solid Waste Services Department works closely with the Council of Governments
Environmental Planner to provide recycling education to elementary school students and to
visitors to local community events. The primary role is to transport Curby, the recycling robot,
and operate Curby as he assists the Environmental Planner in interactive recycling education
programs. In FY 2006 -07, Curby attended 24 events and provided recycling education and
information to approximately 14,000 participants.
Residents of our community will benefit from the public educational material and advertising
which will be aired on local cable networks, distributed through customer utility bills, accessed
through City Web sites, and made available to any resident, community group, or neighborhood
associations to assist them in educating their residents /members on Anti- Litter, illegal dumping
and recycling.
Project Service Area: Indicate the area/geography (city. county, or other jurisdictions) covered
by the project. Please attach map if applicable:
This program targets residents and areas within the City of Corpus Christi surrounding
communities and residents who work and drive through the City of Corpus Christi and who also
may have access to local .cable networks, view signs, or receive educational material in their
homes.
Severity of Problem:
In our City and COG area, we have a challenge in educating our residents regarding the Anti -
Litter ordinance, illegal dumping and recycling.
Recent efforts by our Streets and Solid Waste Services Department and the Neighborhood
Initiative Program have been extremely effective in educating targeted areas of our community,
by holding community town hall meetings with residents and City staff members. This process
has allowed the citizens to voice their concerns about their neighborhoods.
In the past, the subjects of the anti - litter ordinance, illegal dumping and recycling efforts have
been topic residents have shown interest in to help improve the level of City services and
information they receive.
The City of Corpus Christi has taken bold steps to improve our ability to help ensure that
important aspects of our City Ordinances are adhered to. In Fiscal Year 03 -04, we set up a
special Environmental Court to hear these issues and assist in the processing of citations and
violations given to residents for non - compliance.
The City embraces the responsibility to communicate with all members of our community to
help provide a broad and thorough education program regarding the Anti- Litter ordinance and
the methods to report illegal dumping and improve participation in the recycling program.
We believe our public education efforts have been effective in reaching a large percentage of the
the COG population. For instance, the City distributes 79,000 utility bills as inserts on an annual
basis to residents with City of Corpus Christi utility accounts. City Hall at the Mall, Earth Day -
Bay Day and Bayfest are three examples illustrating the Streets ands Solid Waste Services
Department's education efforts extending to non - utility customers. In addition, working with the
COG Environmental Planner and assisting with her school recycling education programs have
proven to be an effective method to promote recycling within the COG service area.
Applicable Goals and Objectives from Regional Solid Waste Management Plan
Goal 1:Ensure the proper management and disposal of municipal solid waste.
1.2 Local Enforcement, and litter and illegal dumping cleanup - Support local efforts to
identify areas with litter and illegal disposal problems, implement enforcement and other
programs to address those problems, and promote the management and cleanup of litter and
illegal dumpsites.
1.3 Household Hazardous Waste, and other - Target waste reduction activities and proper
disposal practices to certain components of the waste stream that may pose special risks or
problems. Including such wastes as HHW, tires, and others.
1.4 Education and Training - Promote the continued training and education of professionals
and the public to make them aware of a variety of solid waste topics that affect the proper
management and disposal of solid waste in the region
Goal 2:Reduce the amount of Municipal solid waste generated and disposed of in the Coastal
Bend Region.
2.1 Education and Training - Continue to use outreach and education programs to support
program initiatives and to facilitate long -term changes in attitudes about source reduction and
recycling.
2.2 Source Reduction and Recycling - Promote the diversion of waste from regional landfills
through recycling efforts, including corporate recycling, composting, and targeting major
components of the waste stream such as brush, paper, and construction and demolition debris.
2.3 Other - Promote regional, state, and federal partnerships within the region thafencourage
solid waste management, waste reduction and recycling.
Feasibility of Project:
The City of Corpus Christi is the region's largest municipality, and has the ability and resources
to implement and maintain a program of this magnitude. The .personnel and other in -kind
support for this program helps ensure that program goals reach fruition.
Combined with federal funds being applied to urban demolition and clean-up and neighborhood
code enforcement activities, the requested funding will compliment a broad effort and yield
significant: measurable results within the community.
Existing education programs provided by the City of Corpus Christi compliment and reinforce
anti -litter and recycling messages funded through this grant application. Coupled with the
existing programs, such as NIP, recycling education, HHW collection, and the full array of solid
waste collection and disposal services, each grant dollar will contribute to sustaining a clean and
environmentally aware culture for Corpus Christi and the surrounding community.
The Streets and Solid Waste Services Department has the manpower, fnancial resources, and
management support to provide such a comprehensive recycling education program.
Public Information:
The City works closely with its Public Information Office to keep the residents and other
customers fully informed of proper solid waste disposal and recycling methods. Recent changes
in services have been communicated through television and newspaper, such as opening of the
Citizens Collection Center, closing the J C Elliott Landfill, and opening of the Cefe Valenzuela
Landfill. The goal is to fully inform the public regarding any changes and enhancements to the
services offered through the Solid Waste Services Department. This grant will enhance existing
educational materials pertaining to recycling and illegal dumping, and make the material
available through various media currently at our disposal, such as the City website, newspaper
announcements, public brochures, community meetings, neighborhood associations and any
other cost effective means.
Annually the City mails recycling and solid waste services educational material to all 79,000
utility customers to promote Recycling and to provide essential and useful information regarding
services provided by the Solid Waste Services department.
Regional versus Local Impact:
Because the City of Corpus Christi is the largest municipality in this region, we have an
obligation to assist other communities develop programs such as ours. Our information will be
made available to any community that would like to use our material and/or develop their own
for their specific needs.
Residents from other communities who work or visit the City of Corpus Christi will indirectly'
benefit from public educational signage and advertisements as well as promotional spots on the
local cable network channels that have a viewing audience of approximately 50 -75 mile radius
around our community.
Our Code Enforcement and Compliance division currently works with surrounding jurisdictions
and outside agencies to coordinate their efforts. Identified illegal dumpsites outside our
community have been remedied due to the closely coordinated efforts with our City compliance
officers to catch and prosecute those individuals responsible.
Local Public/Private Partnerships (Joint Project):
N/A
Project Status:
The Grant funds will be used to enhance our new Anti -Litter campaign called "Make it Sparkle ".
The City of Corpus Christi has participated and received funds from the COG grant process in
the past. This program is consistent with past grant programs and continues to build good
practices and environmental awareness within the community.
Project Application
Form 6a Page of
Form 6b. Project Cost Evaluation (add additional pages as necessary)
Provide an evaluation of the costs associated with the proposed project. Explain how the total
related costs of the proposed project were adequately considered; compare project costs to
established averages or to normal costs for similar projects. Present the costs in unit terms, such
as cost per ton, cost per customer, or cost per capita, as applicable. Describe any measurable
costs savings, or reasonably justified costs of the project.
The target population to be served by the project is approximately 280,000, which includes the
City of Corpus Christi and all areas within the city limits.
Cost Per Impacted Capita is approximately 8.9 cents per resident, which is derived by dividing
the total grant request by the City population.
In calendar year 2006, the City's curbside recycling program collected 1,453 tons of newspaper,
1,018 tons of mixed paper, 234 tons of plastic, and 212 tons of tin. Currently, about 18% of
residents utilize the curbside recycling service. Although the costs of recycling collection
dramatically outweigh the monetary return, the intangible benefits derived from utilizing less
landfill space and reducing energy consumption by remanufacturing products from recycled
verses raw materials, makes recycling worthwhile.
Other Cost Savings, if applicable:
For FY 06 -07, through the collection of recycled items generated $49,923 in revenue for the
City, and approximately $20,944 in landfill disposal costs were saved. Disposal costs savings
were calculated by multiplying the curbside recycled tonnage (2,917 tons) by the contract
disposal rate ($7.18 per ton).
Salary /Operational Expenses:
Once promotional spots, signs and public educational material is developed, only cost associated
with broadcasting the material will be incurred therefore making the material extremely efficient
for reuse in future events and subsequent budget years.
Benefits Consistent and Reasonable to Cost:
Proactively educating the public and encouraging them to recycle reduces the amount of waste
from area landfills. This in turn adds to the City's participation rate increasing the overall
effectiveness of the recycling program.
Waste generated from the collection of debris of illegal dump sites will be sorted and diverted
from the landfill saving valuable space for future use.
Educating the residents on the issues of Anti- Litter, illegal dumping and providing them
information on reporting illegal dumping activity will discourage future abuse and repeat
offenders.
By taking a proactive approach, this will reduce environmental hazardous associated with illegal
dumping and clean up cost and free up personnel to concentrate on other responsibilities in the
community.
Form 6c. Level of Commitment of the Applicant (add additional pages as necessary)
Provide information related to the Applicant's level of commitment to preferred solid waste
management practices. If the proposed project is an ongoing service, demonstrate the ability to
sustain the program beyond the term of the grant. Explain the extent to which the appropriate
governing bodies support the proposed project.
This project will be implemented with the combined efforts of our Solid Waste Services
Departments, Public Information Office, Neighborhood Services Department and education
programs offered by the Water and Stormwater Utility Departments.
The total staff involved in the planning and implementing of this project is approximately 10 -20
persons.
Streets and Solid Waste Services is one of the primary facilitators of the project due to the vast
resources available and personnel needed to coordinate recycling and anti -Iitter campaigns.
The Mayor and City Council support recycling and environmentally sound initiatives as they
recently demonstrated by their approval to fund the new Clean City Programs Coordinator.
Intention to Sustain the Project:
The City of Corpus Christi has proven they can and will continue the distribution and
advertisement of public educational materials on all areas of Solid Waste Services. These are
services that are provided on a regular basis by the City. Some of the resources developed will
be incorporated into regular department :brochures and signs and other material developed will be
reused and recycled as to not incur production cost for future uses as part of our regular program.
Annual distribution of public educational brochures to 79,000 utility customers will receive
updated and enhanced information about City services including issues related to the new A nti-
Litter ordinance, Recycling and Illegal Dumping as part of our commitment to continue
educating the public and resident of our community.
List any previously demonstrated commitment to preferred solid waste management practice,
such as .imp1ementingother solid waste management projects, involvement in a local or sub -
regional solid waste management plan or study, or membership in the TCEQ's Clean Texas
Program.
Solid Waste Projects include the following activities: twice a week garbage collection,
automated garbage collection, bulky item collection (twice /year), curbside recycling (every two
weeks), heavy brush collection (10 times per year), Christmas tree collection/mulching, HHW
collection, free residential disposal days, free mulch, landfill educational programs, Earth
Day /Bay Day participation, elementary school recycling education, three recycling drop -off
centers, oil /filter recycling, free tire disposal events, litter critter for neighborhood clean-ups,
disposal at Citizens Collection Center, opening the new Cefe landfill to assure long term waste
disposal site, opening the transfer station at closed JC Elliott landfill, presentations to community
organizations, emergency pick -up of traffic obstructions, free mulch for City Departments, and
metals /pallets /tire recycling at Elliott Landfill.
Past COG Grants
03 -20 -004
03- 20 -G07
03- 20 -G08
03 -20 -010
03-20-011
04- 20 -G07
04-20-G12
05- 20 -G04
05- 20 -G09
05 -20 -013
06- 20 -G05
06 -20 -011
06- 20 -G14
06-20-G17
07 -20 -011
include:
Stop Trashing Corpus Christi
Brush Truck
Recycling Campaign
HHW Supplemental Funds
HHW Campaign
Compliance Officer — Truck — Radio
Litter/Illegal Dumping Clean-up
Recycling and Illegal Dumping Education
Education — Landfill Program
Local Enforcement Officer
Education
Local Enforcement
Household Hazardous Waste Storage
Scrap Tires
Education
The City of Corpus Christi has a solid history of compliance with all laws, rules and regulations
applied to the collections and disposal of solid waste. The City has planned for the future growth
and needs of the region by recently opening the new Cefe Valenzuela landfill with an expected
useful life of 100 years.
The City of Corpus Christi, through the Streets and Solid Waste Service Department, will assure
the fiscal sustainability of the project. The City Council of the City of Corpus Christi has a solid
history of supporting all anti - litter, recycling, conservation and environmental initiatives. We
firmly believe that the Council, through approval of the formal resolution to accept this grant, is
giving its complete support and endorsement to complete this grant program.
Environmental Risk (Explain how the t,roject will reduce risk to the environment):
Non compliance of our Anti -Litter and SWS Ordinance including illegal dumping is an
environmental violation and we intend to pursue violators to the fullest extent our ordinance and
laws allows.
Illegal dumping not only has an environmental effect on the community but is usually a financial
burden on the taxpayers. Our community bears the burden to pay the costs associated with
collection and disposal of improperly disposed (dumped) solid waste.
By reducing violations of illegal dumping through educating the public on proper disposal
options, anti -litter laws, and recycling, we will reduce the environmental impact and reduce costs
associated with clean ups due to illegal dumping.
Increased participation in recycling will divert waste from area landfills and save valuable space
for future use by the community.
Supporting Documentation (Please place copies of letters, resolutions, etc. in Attachments):
Copies of FY 06 -07 billing inserts distributed to 79,000 local residents.
Project Application
Form 6c Page of
Form 6d. Scope of Work (See application instructions. Add additional pages as necessary)
Provide a work program with a schedule of deliverables for the proposed project or program.
The work program with the schedule of deliverables will be considered the Scope of Work to be
performed under the contract agreement, if funded. Once the details of the work program have
been negotiated with the Applicant and approved by the COG, the work program will be entered
into the grant contract.
As concisely as possible, for each task of the proposed project, describe the major steps
or activities involved, identify the responsible entities and establish a specific timeframe
to accomplish each task. The scope of work for the project or program must include:
Detailed purpose and goal of the project (should be consistent with implementing the
goals, objectives, and recommendations from the regional solid waste management
plan, as stated in the project description on Form 6a).
Specific task statements with responsible entity identified
List of deliverables /products /activities under each task
Schedule of deliverables
This grant request is inline with the Coastal Bend COG Regional Plan Goal 1 and 2 which states
the following:
Goal 1: Ensure the proper management and disposal of municipal solid waste.
1.2 Local Enforcement, Litter and Illegal Dumping Cleanup, and Community Cleanup Events -
Support local efforts to identify areas with litter and illegal disposal problems, supplement
enforcement and other programs to address those problems, and promote the management and
cleanup of litter and illegal dumpsites.
1.4 Education and Training - Promote the continued training and education of professionals and
the public to make them aware of a variety of solid waste topics that affect the proper
management and disposal of solid waste in the Coastal Bend Region.
Goal 2: Reduce the amount of Municipal Solid Waste (MSW) generated and disposed of in
the Coastal Bend Region.
2.1 Education and Training - Continue to use outreach and education programs to support
program initiatives and to facilitate long -term changes in attitudes about source reduction and
recycling. Provide elementary and pre - school age students coloring books, crayons, rulers, and
other items made from recycled materials to tangibly reinforce our message regarding the value
of recycling.
This grant project will enhance the City's ability to reach and educate the public on issues related
to Anti - Littering, Recycling and Illegal Dumping and also enable us to create and update new
public educational material for distribution to all areas residents.
FORM 7. GRANT BUDGET SUMMARY
Please provide the following breakdown of the total amount of grant funding being requested:
Budget Category
Funding Amount
1. Personnel /Salaries
$
2. Fringe Benefits
$
3. Travel
$
4. Supplies
$ 9,000
5. Equipment
$
6. Construction
$
7. Contractual
$ 1,000
8. Other
$ 15,000.00
9. Total Direct Charges (sum of 1 -8)
$ 25,000.00
10. Indirect Charges`
$
11. Total (sum of 9 - 10)
$ 25,000.00
12. Fringe Benef t Rate:
- %
13. Indirect Cost Rate:
%
Identify, in detail, each budget category to which your indirect cost rate applies and explain any
special conditions under which the rate will be applied:
In accordance with the UGMS, indirect charges may be authorized if the Applicant has anegotiated indirect cost
rate agreement signed within the past 24 months by a federal cognizant agency or state single audit coordinating
agency. Alternatively, the Applicant may be authorized to recover up to 10% of direct salary.and wage costs
'(excluding overtime, shift premiums, and fringe benefits) as indirect costs, subject.to adequate documentation. If
yo.0 thave.an,approved. cost allocation plan, please enclose documentation of your approved indirect rate.
Please complete any of the following detailed budget forms that are applicable.
Project Application
Form 7
FORM 6: Project Summary
Please provide a complete project summary. Reference the goals, objectives, and/or
recommendations from the regional solid waste management plan that apply to the project, and
how the project will assist in implementing the plan. Refer to the application instructions when
completing these forms. If necessary, attach additional pages for each form.
Form 6a. Project Description (add additional pages as necessary)
Project Title: City of Corpus Christi /Clean City Advisory Committee in partnership with
Beautify Corpus Christi Association to host 3 events in Fall /Winter 2008 -09:
1. Recycled Art Contest for school children
2. Christmas Tree Recycling
3. Clean Air Event
H.E.B. grocery store will be providing $2,000 as prize money divided amongst the winners
appropriately (see attached proposal). The event will be held at the Padre Staples Mall.
Program Objective and Summary:
1. The Recycled Art Contest objective is to increase awareness of children (grades K -6`h) and
their families to the City's recycling program. The goal is to promote environmental
education to students via a class -team approach, while allowing them to leam about recycling
in their community.
Entry classes will be divided into two divisions — K through 3rd and 4th through 6th grades.
Entries will be displayed for 2 weeks in December 2008 at the Corpus Christi malt. A Family
Night will be held to announce the winners of the event and children will have a chance to
view all the entries.
The prizes will be awarded by the City of Corpus Christi's Mayor at City Hall in the Council
Chambers before the City Council meeting. The judging criteria will be based off of:
a) Use of Recyclables: 50%
b) Originality and Creativity: 25%
c) Overall Appearance: 25%
The projects will be judges by local celebrities and educators.
2. Christmas Tree Recycling program objective is to increase public awareness and
participation in recycling green materials. The event would be held in January 2009 at 3
locations throughout_the.City of Corpus Christi to enable all citizens to take advantage of
recycling their Christmas tree. In exchange of the Christmas tree, one real tree would be
given 'with instructions on how to plant and an agreement on taking care of the plant (see
attached agreement): This agreement would allow the Clean City Committee to perform a
tree .check throughout the year to see the viability of the tree's and promote beautification
and clean air within the City of Corpus Christi. The trees would be donated by a local
business yet to be determined.
Once the trees are donated, the City of Corpus Christi Streets and Solid Waste Department
would then transport the trees to the City's mulching area located at the J.C. Elliot Transfer
Station. The mulch that is produced will be offered to residents at now charge (as it currently
is).
3. Corpus Christi Clean Air Event which is held annually will be in conjunction with Beautify
Corpus Christi Association. The event will be held at a local tv station with many vendors
and additional sponsors. The City of Corpus Christi Clean City Advisory Committee would
utilize the event to educate the public on:
1. Recycling reducing toxic air emissions;
2. Recycling reducing energy consumption
3. Recycling resulting in more products with less pollution.
In addition to the three main points listed above, tire recycling along with green waste
recycling -- mulching would be showcased with drop off location maps and samples of mulch
available at no cost to the citizens of Corpus Christi. Showcasing these items would also
demonstrate how recycling and clean air go hand in hand.
Project Service Area: Indicate the area/geography (city, county, or other jurisdictions) covered
by the project. Please attach map if applicable:
These programs target residents and areas within the City of Corpus Christi surrounding
communities and residents who work and drive through the City of Corpus Christi and who also
may have access to local cable networks, view signs, or receive educational material in their
homes.
Severity of Problem:
In our City and COG area, we have a challenge in educating our residents regarding the Anti -
Litter ordinance, illegal dumping and recycling.
Conservation and protection of our natural resources, as it's essential for manufacturing,
recreation and consumption, is essential to the physical, mental and financial health of our
community.
Applicable Goals and Objectives from Regional Solid Waste Management Plan
Goal 1: Ensure the proper management and disposal of municipal solid waste.
1.2 Local Enforcement, and litter and illegal dumping cleanup - Support local efforts to
identify areas with litter and illegal disposal problems, implement enforcement and other
programs to address those problems, and promote the management and cleanup of litter and
illegal dumpsites.
1.3 Household Hazardous Waste, and other - Target waste reduction activities and proper
disposal practices to certain components of the waste stream that may pose special risks or
problems. Including such wastes as HHW, tires, and others.
1.4 Education and Training - Promote the continued training and education of professionals
and the public to make them aware of a variety of solid waste topics that affect the proper
management and disposal of solid waste in the region
Goal 2:Reduce the amount of Municipal solid waste generated and disposed of in the Coastal
Bend Region.
2.1 Education and Training - Continue to use outreach and education programs to support
program initiatives and to facilitate long -term changes in attitudes about source reduction and
recycling.
2.2 Source Reduction and Recycling - Promote the diversion of waste from regional landfills
through recycling efforts, including corporate recycling, mulching green waste, and targeting
major components of the waste stream such as brush, paper, and construction and demolition
debris.
2.3 Other - Promote regional, state, and federal partnerships within the region that encourage
solid waste management, waste reduction and recycling.
Feasibility of Project:
The City of Corpus Christi is the region's largest municipality, and has the ability and resources
to implement and maintain a program of this magnitude. The personnel and other in -kind
support for this program helps ensure that program goals reach fruition.
Existing education programs provided by the City of Corpus Christi compliment and reinforce
anti -litter and recycling messages funded through this grant application. Coupled with the
existing programs, such as NIP, recycling education, HHW collection, and the full array of solid
waste collection and disposal services, each grant dollar will contribute to sustaining a clean and
environmentally aware culture for Corpus Christi and the surrounding community.
The Streets and Solid Waste Services Department has the manpower, financial resources, and
management support to provide for increased awareness and participation within the
community..
Public Information:
The City works closely with its Public Information office to keep the residents and other
customers: fully informed of proper solid waste disposal and recycling methods. Recent changes
in services have been communicated through television and newspaper, such as opening of the
Citizens Collection Center (CCC), closing the J C Elliott Landfill, and opening of the Cefe
Valenzuela Landfill. The goal is to fully inform the public regarding any changes and
enhancements to the services offered through the Solid Waste Services Department. This grant
will compliment existing educational materials and increase awareness and participation in the
recycle programs, mulching program, and clean air is it relates to recycling and everyday life in
the community.
Regional versus Local Impact:
Because the City of Corpus Christi is the largest municipality in this region, we have an
obligation to assist other communities develop programs such as ours. Our information will be
made available to any community that would like to use our material and/or develop their own
for their specific needs. It is the hope of the Clean City Advisory Committee that the Recycled
Art Program listed above would be an annual event and outlying school districts through the
Coastal Bend Council of Governments would be allowed to participate in coming years.
Residents from other communities who work or visit the City of Corpus Christi will indirectly
benefit from public educational signage and advertisements as well as promotional spots on the
local television and radio channels that have a viewing audience of approximately 50 -75 mile
radius around our community.
Local Public/Private Partnerships (Joint Project):
These projects would be in conjunction with Beautify Corpus Christi Association, a non - profit
association for the Citizens' of Corpus Christi.
Project Status:
The Grant funds will be used to breathe life into the Recycled Art program and Christmas Tree
Recycling. These events were held for many years with an increase in response increasing as
each year passed. These events were very successful in increasing awareness and participation in
the City's recycle program and mulching. The Clean Air Event is an annual event held in Corpus
Christi. The Clean City Advisory Committee would help enhance the program and outreach
additional members of the community of the benefit of recycling material as it relates to air
quality.
The City of Corpus Christi has participated and received funds from the COG grant process in
the past. This program is consistent with past grant programs and continues to build good
practices and environmental awareness within the community.
Project Application
Form 6a Page of
Form 6b. Project Cost Evaluation (add additional pages as necessary)
Provide an evaluation of the costs associated with the proposed project. Explain how the total
related costs of the proposed project were adequately considered; compare project costs to
established averages or to normal costs for similar projects. Present the costs in unit terms, such
as cost per ton, cost per customer, or cost per capita, as applicable. Describe any measurable
costs savings, or reasonably justified costs of the project.
The target population to be served by the project is approximately 280,000, which includes the
City of Corpus Christi and all areas within the city limits.
Cost Per Impacted Capita is approximately 0.02 cents per resident, which is derived by dividing
the total grant request by the City population.
Other Cost Savings, if applicable:
Savings may be largely intangible, as it's more a factor of improved quality of life and the
natural environment of which the Citizens of Corpus Christi work and play in.
Salary /Operational Expenses:
The operational costs would be none. This is a one time event for the community.
Benefits Consistent and Reasonable to Cost:
The benefits of the three programs listed above are to increase awareness and participation
through education in the City of Corpus Christi's recycling program/mulching program/ and
clean are as it relates to recycling and the human environment.
Form 6c. Level of Commitment of the Applicant (add additional pages as necessary)
Provide information related to the Applicant's level of commitment to preferred solid waste
management practices. If the proposed project is an ongoing service, demonstrate the ability to
sustain the program beyond the term of the grant. Explain the extent to which the appropriate
governing bodies support the proposed project.
This project will be implemented with the combined efforts of our Solid Waste Services
Departments, Public Information Office, and Beautify Corpus Christi Association..
The total staff involved in the planning and implementing of this project is approximately 10 -20
persons.
Streets and Solid Waste Services is one of the primary facilitators of the project due to the vast
resources available and personnel needed to coordinate recycling and green waste mulching
campaigns.
The Mayor and City Council support recycling and environmentally sound initiatives as they
recently demonstrated by their approval to fund the new Clean City Programs Coordinator and
the endorsement to join Keep America Beautiful, Inc.
Intention to Sustain the Project:
The City of Corpus Christi has proven they can and will continue to support recycling and the
mulching program through participation and eagemess to volunteer for programs such as these
listed above.
List any previously demonstrated commitment to preferred solid waste management practice,
such as implementing other solid waste management projects, involvement in a local or sub -
regional solid waste management plan or study, or membership in the TCEQ's Clean Texas
Program.
Solid Waste Projects include the following activities: twice a week garbage collection,
automated garbage collection, bulky item - collection (twice /year), curbside. recycling (every two
weeks), heavy brush collection (10 times per year), Christmas tree collection/mulching, HHW
collection, free residential disposal days, free mulch, landfill educational programs, Earth
Day/Bay'Dayparticipation elementary school recycling education, three recycling drop -off
centers, oil /filter recycling, free tire disposal events, litter critter for neighborhood clean -ups,
disposal at Citizens Collection Center, opening the new Cefe landfill to assure long term waste
disposal site, opening the transfer station at closed .1C Elliott landfill, presentations to community
organizations, emergency pick -up of traffic obstructions, free mulch for City departments, and
metals /pallets /tire recycling at Elliott Landfill.
Past COG Grants include:
03- 20 -G04 Stop Trashing Corpus Christi
03- 20 -G07 Brush Truck
03- 20 -G08
03 -20 -G 10
03-20-01 I
04- 20 -G07
04-20-G12
05- 20 -G04
05- 20 -G09
05 -20 -013
06- 20 -G05
06-20-011
06-20-G14
06-20-G17
07-20-G11
Recycling Campaign
HHW Supplemental Funds
HHW Campaign
Compliance Officer — Truck — Radio
Litter /Illegal Dumping Clean -up
Recycling and Illegal Dumping Education
Education — Landfill Program
Local Enforcement .Officer
Education
Local Enforcement
Household Hazardous Waste Storage
Scrap Tires
Education
The City of Corpus Christi has a solid history of compliance with all laws, rules and regulations
applied to the collections and disposal of solid waste. The City has planned for the future growth
and needs of the region by recently opening the new Cefe Valenzuela landfill with an expected
useful life of 100 years.
The City of Corpus Christi, through the Streets and Solid Waste Service Department, will assure
the fiscal sustainability of the project. The City Council of the City of Corpus Christi has a solid
history of supporting all anti- litter, recycling, conservation and environmental initiatives.. We
firmly believe that the Council, through approval of the formal resolution to accept this grant, is
giving its complete support and endorsement to complete this grant program.
Environmental Risk (Explain how the project will reduce risk to the environment):
Non compliance of our Anti - Litter and SWS Ordinance including illegal dumping is an
environmental violation and we intend to pursue violators to the fullest extent our ordinance and
laws allows.
Illegal dumping not only has an environmental effect on the community but is usually a financial
burden on the taxpayers. Our community bears the burden to pay the costs associated with
coliection.and.disposal of improperly disposed (dumped) solid waste.
By reducing violations of illegal dumping :through educating the public on proper disposal
options, anti - litter laws, and recycling, we will reduce the environmental impact and reduce costs
associated with clean ups due to illegal dumping.
Increased participation in recycling will divert waste from area landfills and save valuable space
for future use by the community.
Supporting Documentation (Please place copies of letters, resolutions, etc. in Attachments):
Copies of the Recycled Art Contest proposal to H.E.B /tree planting instructions and agreement
Form 6d. Scope of Work (See application instructions. Add additional pages as necessary)
Provide a work program with a schedule of deliverables for the proposed project or program.
The work program with the schedule of deliverables will be considered the Scope of Work to be
performed under the contract agreement, if funded. Once the details of the work program have
been negotiated with the Applicant and approved by the COG, the work program will be entered
into the grant contract.
As concisely as possible, for each task of the proposed project, describe the major steps
or activities involved, identify the responsible entities and establish a specific timeframe
to accomplish each task. The scope of work for the project or program must include:
- Detailed purpose and goal of the project (should be consistent with implementing the
goals, objectives, and recommendations from the regional solid waste management
plan, as stated in the project description on Form 6a).
Specific task statements with responsible entity identified
List of deliverables /products /activities under each task
Schedule of deliverables
This grant request is inline with the Coastal Bend COG Regional Plan Goal 1 and 2 which states
the following:
Goal 1: Ensure the proper management and disposal of municipal solid waste.
1.2 Local Enforcement, Litter and Illegal Dumping Cleanup, and Community Cleanup Events -
Support local efforts to identify areas with litter and illegal disposal problems, supplement
enforcement and other programs to address those problems, and promote the management and
cleanup of litter and illegal dumpsites.
1.4 Education and Training - Promote the continued training and education of professionals and
the public to make them aware of a variety of solid waste topics that affect the proper
management and disposal of solid waste in the Coastal Bend Region.
Goal 2: Reduce the amount of Municipal Solid Waste (MSW) generated and disposed of in
the Coastal Bend Region.
2.1 Education and Training - Continue to use outreach and education programs to support
program initiatives and to facilitate long -term changes in attitudes about source reduction and
recycling. Provide elementary and pre- school age students coloring books, crayons, rulers, and
other items made from recycled materials to tangibly reinforce our message regarding the value
of recycling.
This grant project will enhance the City's ability to reach and educate the public on issues related
to Recycling and Mulching and also enable us to create and update new public educational
material for distribution to all areas residents.
FORM 7. GRANT BUDGET SUMMARY
Please provide the following breakdown of the total amount of grant funding being requested:
Budget Category
Funding Amount
1. Personnel/Salaries
$
2. Fringe Benefits
$
3. Travel
$
4. Supplies
$ 4,500
5. Equipment
$
6. Construction
$
7. Contractual
$ 1,500
8. Other
$
9. Total Direct Charges (sum of 1 -8)
$ 6,000
10. Indirect Charges'
$
11. Total (sum of 9 — 10)
$ 6,000.00
12. Fringe Benefit Rate:
13. Indirect Cost Rate:
Identify, in detail, each budget category to which your indirect cost rate applies and explain any
special conditions under which the rate will be applied:
*In accordance with the UGMS, indirect charges may be authorized if the Applicant has a negotiated indirect cost
rate agreement signed within the past 24 months by a federal cognizant agency or state single .audit coordinating
agency. Alternatively, the Applicant may be :authorized to recover up to 10% of direct salary and wage costs
(excluding overtime, shift premiums, and fringe benefits) as indirect costs, subject to adequate documentation. If
you have an approved cost allocation plan, please enclose documentation of your approved indirect rate.
Please complete any of the following detailed budget forms that are applicable.
Project Application
Form 7
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A
GRANT APPLICATION TO THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE AMOUNT OF $25,000 FOR RECYCLING AND
ANTI - LITTER EDUCATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to submit a grant application to
the Coastal Bend Council of Governments in the amount of $25,000 for recycling and anti -litter
education.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: June 4, 2008
Eliz --th R. Hundley
Ass ant City Attorney
for the City Attorney
EHres2l6.doc
—61—
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A
GRANT APPLICATION TO THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE AMOUNT OF $6,000 FOR THREE EVENTS
TO BE HELD IN 2008 -2009: RECYCLED ART CONTEST OPEN TO
SCHOOL CHILDREN IN GRADES K-6, CHRISTMAS TREE
RECYCLING EVENT, AND THE 2008 CLEAN AIR FAIR.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to submit a grant application to
the Coastal Bend Council of Governments in the amount of $6,000 for three events to be held in
2008 -2009: Recycled Art Contest open to school children in grades K -6, Christmas tree
recycling event, and the 2008 Clean Air Fair.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: June 4, 2008
ElizaSth R. Hundle
Assis ant City Attorney
for the City Attorney
EHres217.doc
—63—
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 24, 2008
AGENDA ITEM:
A. Resolution authorizing the City Manager or his designee to execute all
documents necessary to accept the grant from the Coastal Bend Diabetes
Initiative, Inc. in the amount of $8,350 for the healthy living program for youth
known as the Sajai Wise Kids Program at Latchkey sites and recreation
centers.
B. Ordinance appropriating a $8,350 grant from the Coastal Bend Diabetes
Initiative, Inc. in the No. 1067 Parks and Recreation Grant Fund for the
healthy living program for youth known as the Sajai Wise Kids Program at
Latchkey sites and recreation centers; and declaring an emergency.
ISSUE:
In order to provide certain services associated with the City's Latchkey and Recreation
Center after school programs, the City Council must A) authorize the City Manager or
his designee to accept grant funds from the Coastal Bend Diabetes Initiative and B)
appropriate grant funds in the amount of $8,350.
REQUIRED COUNCIL ACTION:
Action is required to accept the Coastal Bend Diabetes Initiative grant, appropriate
grant funds and authorize the City Manager or his designee to execute all related
contracts and documents for the 2008 -2009 Parks and Recreation Department After
School Programs.
PREVIOUS COUNCIL ACTION:
N/A
FUNDING:
Coastal Bend Diabetes Initiative, Inc. grant funds for the Sajai Wise Kids Program.
CONCLUSION AND RECOMMENDATION: Staff re/ ommends appro al.
S - II - lik, Directo
Parks a d Recreation Department
Attachments: Background
Confirmation of Funding Letter
Contract
BACKGROUND INFORMATION
Background:
The Coastal Bend Diabetes Initiative solicited proposals earlier this Spring for projects
to improve the health of Coastal Bend residents through awareness, education and
prevention of diabetes related illness. The Parks and Recreation Department's
proposal to operate the Sajai Wise Kids Program at ten after school sites during the
2008 -2009 school year was selected for funding. The Parks and Recreation
Department's match for the $8,350 grant funds will be the salaries of the employees
administering the program at each site.
The Sajai Wise Kids Program teaches youth ages six to eleven through self- directed
workbooks, learning activities, and active activities. The program kit is designed to
generate successful implementation in the community and to provide all the tools
needed to train staff, market the program, and lead children through a fun and
rewarding program that teaches them about healthy living. The Parks and Recreation
Department will modify the program to include youth ages five to thirteen.
The Sajai Wise Kids program focuses on the Energy Balance concept. Simply put:
Calories IN = Calories OUT. This simple theme provides a framework for decision -
making around smart nutrition and activity choices. It promotes a healthy, lifelong
approach to staying in balance for good health.
As stated earlier, the Sajai Wise Kids Program will be implemented at ten Parks and
Recreation after school sites. Using site kits purchased from the Sajai Foundation, the
program will be implemented in two phases; the first during the 2008 Fall semester, and
the second during the 2009 Spring semester. During the initial semester the program
will be offered at Oso and L indale Recreation Centers and two Latchkey sites to be -
determined on the basis of enrollment, tenure of staff, and classroom set up. The
program will be offered at another three Latchkey sites and Joe Garza, TC Ayers and
Oak Park Recreation Centers during the 2009 Spring semester. Approximately 350
youth between the ages of five and thirteen will participate in and complete the program
during these two semesters.
A copy of the Coastal Bend Diabetes Initiative, Inc confirmation of funds and contract
are attached for your review.
May 12, 2008
R,EAiION DIVISION
BO 14M 15 A COASTAL BEND
DI .BETI S
INITIATIVE
Ms. Stacy Talbert
Corpus Christi Parks & Recreation•Dept.
P 0 Box 9277
Corpus Christi, TX 78469 -9277
Dear Ms. Talbert:
The Directors of the Coastal Bend Diabetes Initiative met recently to review grant
applications. The grant decisions were especially difficult due to the many pressing
needs in our community. We are pleased to inform you that the proposal you submitted
was among those awarded support from the Foundation. Your organization, pending
successful negotiations to ensure financial and programmatic accountability, will be
awarded $8,350.00 for for the Sajai Wise Kids Program.
Funds for this initiative are managed by the Coastal Bend Community Foundation.
Working together, we will be contacting you shortly to discuss the formal agreement that
will govern the administration of this grant. The grant is to be used for addressing the
diabetes epidemic through public awareness, education and prevention.
Please advise your officers, directors, friends and the media about this grant.
Recognition in the community of our support for worthy causes such as yours assists us
greatly in gaining more donor interest and contributions for future needs.
Thank you for bringing this proposal to our attention. It has been helpful to us to learn
more about your plans and programs. We wish you well in carrying them out.
Very tr yours,
Kent H. Williams Stephen Ponder, MD, CDE
President and CEO Chairman
Coastal Bend Community Foundation Coastal Bend Diabetes Initiative
Grant Award Form
Project Title
Sajai Wise Kids Program
Grant Recipient
Corpus Christi Parks and Recreation Department -
Address
P.O. Box 9277
City, State Zip
City: Corpus Christi
State: TX
Zip: 78469
Responsible Party
Stacie A. Talbert
Contact e-mail
staciet(cctexas.com
Project Summary
The Sajai Wise Kids Program is designed to lead children through a program that
teaches than `about" - healthy living. Approxirriately 350 children at 10 Parks and
Recreation after- school sites will be impacted immediately. Materials will be reused over
the next several years. There is a substantial match provided by the CCPRD.
Scope of Work
• Recruit and register participants in the program
• Implement the Sajai Wise Kids Program at each after school site
• Administer pre and post surveys
Deliverables
• Purchase Sajai Wise Kids Program for sites
• Implement program at 10 Parks and Recreation after school sites
• Conduct pre and post surveys of each participant
• Submit one progress and expenditure report each semester
• Evaluate program success through pre and post surveys
Start Date / End Date
Start: June 1, 2008
End: May 31, 2009
Award Total
$8,350
Payment Schedule
Initial payment $4,175
Final Payment $4,175
Notes or Special Conditions
COASTAL BEND
DIABETES
INITIATIVE
c/o Coastal Bend Community Foundation
Six Hundred Building. Suite 1716
600 Leoparl4tvq.,
Corpus Christr, TX 78473
Phone: 361 -882 -9745
Fax: 361 -882 -2865
Email:
Website: www.cbcfoundation.oro
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT A GRANT
FROM THE COASTAL BEND DIABETES ,INITIATIVE, INC. IN THE
AMOUNT OF $8,350 FOR THE HEALTHY LIVING PROGRAM FOR
YOUTH KNOWN AS THE SAJAI WISE KIDS PROGRAM AT
LATCHKEY SITES AND RECREATION CENTERS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or his designee is authorized to execute all
documents necessary to accept the grant from the Coastal Bend Diabetes
Initiative, Inc. in the amount of $8,350 for the healthy living program for youth
known as the Sajai Wise Kids Program at Latchkey sites and recreation centers.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: June 4, 2008
Lisa Aguila()
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
H:1LEG- DIR\Lisa12008 Resolutions \Park and Rec - Coastal Beidpplletes Initiative Inc.doc
Corpus Christi, Texas
of , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Page 1 of 2
ORDINANCE
APPROPRIATING A $8,360 GRANT FROM THE COASTAL BEND
DIABETES INITIATIVE, INC. IN THE NO. 1067 PARKS AND
RECREATION GRANT FUND FOR THE HEALTHY LIVING PROGRAM
FOR YOUTH KNOWN AS THE SAJAI WISE KIDS PROGRAM AT
LATCHKEY SITES AND RECREATION CENTERS; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a $8,350 grant from the Coastal Bend Diabetes Initiative, Inc. is
appropriated in the No. 1067 Parks and Recreation Grant Fund for the healthy living
program for youth known as the Sajai Wise Kids Program at Latchkey sites and
recreation centers.
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 , 2008.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett.
City Secretary Mayor
Approved: June 4, 2008
Lisa Aguil
Assistant City Attorney
For City Attorney
H:ILEG- DIR\Lisa12008 ORDINANCESIPark & Rec - Coastal Bend Diabetes Teiue.DOC
Page 2 of 2
Corpus Christi, Texas
Day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett, Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
ft\LEG- DIRILisa120DB ORDINANCESIPark & Rec - Coastal Bend Diabetasp faiive.DOC
6
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 24, 2008
AGENDA ITEM:
Ordinance authorizing the City Manager or designee to execute a use permit with
Matthew Peveto dba Mustang Music Group for use of Corpus Christi Beach During July
21 through July 29, 2008 for Ziegenbock Music Festival; provide for payment of 100%
of all City costs plus $5,000; and declaring an emergency.
ISSUE:
Council is requested to approve the use permit to authorize use of City property for
outdoor music events. The Beach Festivals ordinance requires a Public Hearing for each
requested beach festival permit. The Public hearing was held on June 13, 2008, and no
one expressed any concerns or opposition to the event. The agreement also allows the
fee of $17.50 for one day pass, $25.00 for two day pass, and a discounted rate for active
military, city employees and persons with disabilities.
REQUIRED COUNCIL ACTION:
City Council's action is required for use permits.
PREVIOUS COUNCIL ACTION:
City Council has approved previous outdoor musical festivals, such as C- Sculptures
(Clear Channel Communications) on JP Luby Beach (North Padre Island).
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of this ordinance.
S- y evil', Director
Parks and ecreation Department
Attachment: Background
Use Permit
BACKGROUND INFORMATION
Since 2003, Mustang Music Group in conjunction with local businesses has assisted in
raising over $100,000.00 for local charities, by producing the ZiegenBock Music
Festivals. These charities have included over the years the Brazos Valley Go Texan,
Greater Houston Exchange Club Charities, Woodlands Rugby Club and Bryan High
School Project Prom. From the donations of Anheuser - Busch, along with the
commitment from volunteers, the Artist's and the support of the music Fans, Ziegfest
has grown over the years to become one of the premiere Texas Music Festivals.
Page 1 of 17
ZIEGENBOCK USE PERMIT
State of Texas §
Know All By These Presents:
County of Nueces §
This Use Permit Agreement is between the City of Corpus Christi, a Texas home -rule
municipal corporation ( "City "), acting through its City Manager or designee, and
Matthew Peveto dba Mustang Music Festival, acting through Matthew Peveto,
( "Promoter ") and in consideration of the covenants contained herein.
1. Definitions.
a. City - means the City of Corpus Christi, a Texas home -rule municipal
corporation.
b. Premises - means the site for the ZiegenBock Event, as more fully described on
the attached and incorporated Exhibit A.
c. Event - means the ZiegenBock Music Festival on Corpus Christi Beach.
d. City Manager - means the City's City Manager or designee.
e. Parks Director - means the City's Director of Parks and Recreation or designee.
f. City Traffic Engineer - means the City's Traffic Engineer or designee.
g. Police Chief - means the City's Police Chief or designee.
h. Risk Manager - means the City's Director of Risk Management or designee.
i. City Attorney - means the City's Attorney or designee.
j. City Secretary - means the City's City Secretary or designee.
2. Term. This Agreement takes effect upon execution by the City Manager.
Matthew Peveto dba Mustang Music Group will be entitled to use of the Premises from
July 21 to July 29. The use periods are more fully described in Exhibit B incorporated
and attached hereto. City Manager may authorize amendment to Exhibit B.
3. Premises. City grants to Promoter the privilege of using the following described
City property solely to conduct its Event: Corpus Christi Beach as described on Exhibit
A, from Hotel Place to Steward Place, encompassing the Promenade.
4. Premises Revisions. Request by Promoter for use of additional City -owned
areas requires prior written approval from the Parks Director.
H:SLEG- DIR \Lisa12008 Parks and Recreation \ZiegenBock.2ooB.Short.Term.Use Permits 9—
Page 2 of 17
If Exhibit A is revised, a new Exhibit A will be filed with the City Secretary and Parks
Director and will supersede the existing Exhibit A. Any new Exhibit A becomes
effective upon its filing with the City Secretary.
5. Event Layout Diagram (Exhibit C, to be attached at least 2 weeks prior to Event).
Promoter must provide the Parks Director a diagram explaining the final Event layout
for all related activities at least two weeks prior to the Event. Layout of the Event is
subject to the approval of the Parks Director.
6. Special Event Fee and other use fees. Promoter must pay City a one -time
nonrefundable Special Event Permit fee in accordance with City ordinance. Promoter
must also pay City a nonrefundable fee of $5,000.00 for use of the Premises]
7. Payment of City Costs. In consideration for the use of City property, Promoter
will pay the City within 30 days after the City submits a bill to Promoter for the actual
costs incurred for services rendered, including, but not limited to, any City services
provided by the Parks & Recreation Dept., Police Dept., and any other City department.
The Parks Director will bill Promoter for these costs within thirty (30) days after the
Event. The bill will provide an itemized breakdown of the City charges for services
rendered (setup and takedown, Event clean up, street sweeping and repair categories).
Upon receipt of written request of Promoter, the Parks Director will furnish reasonable
supporting documentation of these charges within ten (10) calendar days.
A. Direct Costs. City's Direct Costs in assisting with the Event include but are
not limited to:
1. Damages to City property within the Premises as a result of the Event, which
will be billed at the cost of repair. Damages may be repaired by Promoter,
subject to prior approval of the Director.
2. Costs of labor for clean up, or additional clean up required by the Director of
relevant City departments, at applicable City rates for the year billed. (Promoter
will be given the opportunity to hire and work its own clean -up crew during and
after the Event.)
3. Costs.of Police Officers provided for security, crowd control, traffic control,
and .,of -site traffic at applicable city rates for the Police Officers assigned.
Promoter will be responsible for 100% of all City non - police Direct Costs and
100% of police actual costs for Event.
4. Costs of set -up and takedown, at applicable city rates for the employees
assigned for the year billed.
Parks Director will provide a itemized bill of Direct Costs, if any, within 30 days after
the Event closes. Promoter will pay City's Direct Costs, if any, as billed within 30
days after Parks Director tenders bill to Promoter.
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B. City Services. Billing and Payment will be made as set out in Section 7
above for the following list of actual services actually provided by the City at each
annual Event ( "City Services ") including but not limited to:
1. Provide Premises ground and street trash removal services, up to
approximately six (6) trash (brush) trucks and approximately 100 trash barrels, as
available, for placement in designated areas in and around the Premises.
Promoter must provide plastic trash bags for the trash barrels.
2. Furnish and /or transport barricades, signs, cones, etc. to the Premises (see
Section 13).
3. Provide other services requested by Promoter and agreed to by Parks
Director.
C. Notice of Costs. Before the Event the Parks Director, Police Chief, and
City Traffic Engineer will meet with Promoter representatives and execute an
exhibit describing City Services to be provided for the Event and the cost to be paid
to City. That exhibit shall be attached as Exhibit E. Notwithstanding the cost shown
in Exhibit E, Promoter shall be 'liable for all actual cost incurred by City related to
the Event even if the actual cost exceeds the cost or type shown in Exhibit E.
D. Late Payment Fee. Promoter's failure to pay City's bill within 30 days after
submittal to Promoter shall result in a late payment fee being assessed against
Promoter. The late payment fee shall be 5% of the amount due, as shown on City's
bill, and said fee will be added to the amount payable to the City.
8. Deposit. At time of signature by Promoter, Promoter must pay the nonrefundable
Special Event fee and nonrefundable Premises use fee described above, plus a deposit
of $10,000.00 at time of signature, made payable to the City. The deposit will be used
to reimburse the City for any costs incurred. if no costs are incurred and Direct Costs
are paid, the deposit will be returned to Promoter within 30 days after the Event.
9. Noise Ordinance. Promoter acknowledges receipt of the City's noise ordinance and
agrees to comply with its provisions. Failure to comply with provisions of noise
ordinance is grounds for immediate cancellation of this Agreement by the City Manager
or designee, without penalty to City.
10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage
prepaid, and is deemed received on the day faxed or hand delivered or on the third day
after deposit if sent certified mail. Notice must be sent as follows:
If to City: If to Promoter:
Director of Parks and Recreation Matthew Peveto dba Mustang Music Group
City of Corpus Christi 11250 West Road Bldg J
Corpus Christi, TX 78469 -9277 Houston, Texas 77065
H:1LEG- DIR \Lisa\2008 Parks and Recreation \ZiegenBock.2008.Short.Term.Use Permlr l —
(361) 880 -3461
FAX (361) 880 -3864
(832) 237 -8900
FAX (832) 237 -8902
Page 4 of 17
11. Temporary Street Closures. All temporary street closures requested by
Promoter are subject to the requirements of City Ordinances, and require the City
Council to confirm the closures. The decision to confirm the closure of the streets is
within the sole discretion of the City Council acting upon the application at the time the
application is submitted.
12. Parking. Promoter will provide parking and signage for people with disabilities in
close proximity to the Event entrance and its related activities defined on the Premises
map (Exhibit A). Promoter must demonstrate to Parks Director and Traffic Engineer
provisions for adequate parking to serve the estimated attendance at the Event.
13. Barricades, Traffic Signs. Promoter must provide barricades and traffic signs
required by the City Traffic Engineer that include temporary directional signage to the
nearby attractions /facilities affected by the street closures and traffic circulation around
the Event. Street access to Premises may not be blocked or partially blocked without
detour signage and alternate street access. Promoter must pay the cost of additional
signage.
14. Signage and Advertising. On Premises signage and advertising proposed for
the Event must receive the Parks Director's prior written approval. On all advertising
for the Event, Promoter shall recognize City's contributions to the Event.
15. Rest Rooms, Drinking Water and First Aid. Promoter must provide adequate
portable rest rooms, including restrooms for people with special needs, and drinking
water for the public as determined by the Parks Director. A first aid station must also
be provided throughout the duration of the Event. Promoter shall comply with such
other health and sanitation requirements as may be required by the City Manager or
designee.
16. insurance. Promoter agrees to provide certificate of insurance at least two weeks
prior to the start of the Event that complies with the insurance provisions on attached
Exhibit F.
17. indemnity. Promoter must indemnify and hold City, its officers,
agents and employees .( "lndemnitees "J harmless of, from, and against
all claims, demands, actions, damages, losses, costs, liabilities,
expenses, and judgments recovered from or asserted against
lndemnitees on account of injury or damage to person or property to
the extent the damage or injury may be incident to, arise out of, or be
caused, either proximately or remotely, wholly or in part, by an act or
omission, negligence, or misconduct on the part of the lndemnitees
or on the part of Promoter or any of its agents, servants, employees,
H:1LEG- DIRILisa12008 Parks and RecreationlZiegenBock .2008.Short.Term.Use Perrn8c2a-
Page 5 of 17
contractors, patrons, guests, licensees, or invitees entering upon the
Premises pursuant to this agreement to use the Premises, attend, or
participate in Promoter and associated activities, on the premises
with the expressed or implied invitation or permission of Promoter, or
when the injury or damage is the result, proximate or remote, of the
violation by lndemnitees, Promoter, or any of its agents, servants,
employees, contractors, patrons, guests, licensees, or invitees of any
law, ordinance, or governmental order of any kind, or when the injury
or damage may in any other way arise from or out of the
improvements located on the Premises herein or out of the use or
occupancy of the improvement to the Premises or the Premises itself
by Indemnitees, Promoter, its agents, servants, employees,
contractors, patrons, guests, licensees, or invitees.
These terms of indemnification are effective whether the injury or
damage may result from the sole negligence, contributory negligence,
or concurrent negligence of Indemnitees, and in all cases where
lndemnitees .actions are directly related to the Event, but not if the
damage or injury results from gross negligence or willful misconduct
of lndemnitees.
Promoter covenants and agrees that if City is made a party to any
litigation against Promoter or in any litigation commenced by any
party, other than Promoter relating to this agreement, Promoter shall
defend City upon receipt of reasonable notice regarding
commencement of the litigation.
18. Safety Hazards. Promoter, upon notice of identified safety hazards by the
Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the safety
hazard, within six hours or other time frame specified in the notice of safety hazards.
19. Damages to :City Property. Landscaped areas within the 'Premises must be
protected during the Event. City will provide Promoter's Agent a punchlist of damage
to City property defined in the Premises within 2 days after the close of the Event
annually. Promoter will restore all items on the punchlist within 3 days after receipt of
the punchlist. if Promoter fails to restore all items on the punchlist, Parks Director
may do so and bill Promoter for Direct Costs, as set out in Section 7 above.
20. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other
changes in the pavement, curbs, sidewalks, or seawall, requires the prior written
approval by City's Director of Engineering Services, provided however, that no approval
will be given if the work will require subsequent repairs by the City.
H:ILEG- DIR \LisaS2008 Parks and Recreation \ZiegenBock.2008.Short.Term.Use Permit.deon _
Page 6 of 17
21. Permits. Promoter must require all vendors to obtain and comply with
appropriate permits, including permits from the Alcoholic. Beverage Commission for the
sale of alcohol, from the City for consumption and sale of alcoholic beverages on park
land, and must comply with all requirements of the City - County Health Department for
the sale of foods and the protection of the public welfare. Promoter's Agent will notify
the Parks Director of any special conditions imposed by any permitting agency. Any
vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in
the same amounts set out herein. Said Certificate of Insurance must be furnished to the
Risk Manager at least two weeks prior to the starting date of the Event annually.
Promoter must also obtain a Street Closure Permit if required by Traffic Engineering, a
Temporary Promotional Event Permit from Building Inspection. Promoter's Agent will
notify the Parks Director of any special conditions imposed by any permitting agency.
22. Cleanup. Promoter must require all food and beverage vendors to clean a
designated zone adjacent to their respective booths at regularly scheduled intervals.
Promoter may designate the zone, but it will not be less than 10 -feet by 20 feet in the
immediate area around each food and beverage booth. The clean up will be hourly and
immediately after closing the Event each day. All trash cleaned up must be properly
deposited in a trash bag provided by Promoter and taken to a location designated by
Promoter. Promoter may hire and work its own clean -up crew during and after the
Event. If the Parks Director determines that additional clean -up is necessary, she will
give Promoter's Agent 2 hours notice to increase services and if it is still unsatisfactory
Parks Director may authorize use of city workers, to be reimbursed by Promoter.
Promoter shall promptly clean up of the Premises after the Event, so that the Premises
are in as good condition as when Promoter first began use of the Premises. Clean up
must be completed within twelve hours after end of the Event.
23. Construction. All structures associated with the Event must be temporary
and promptly removed after the Event, no later than one day after the end of the
Event.
The construction work for displays and stages must be conducted in accordance with
City building codes and restrictions. Construction that causes damages will only be
allowed if Promoter provides the Parks Director prior written assurances that
Promoter will promptly remedy said damages and Parks .Director approves the
construction in writing.
24. Temporary Buildings. Promoter must receive prior written approval from the
Parks Director to place any temporary buildings on the grounds of the Premises.
Otherwise all temporary buildings moved onto Premises for the Event must be placed
and remain on trailers to promote expeditious removal. All the buildings must be
removed within the non - exclusive use time period.
25. Electrical & Water Services. Electrical and water service is not provided on or at
the Premises. Promoter must apply for and secure a Temporary Promotional Event
Permit from the City's Building Inspection Division in order to install electrical service for
ft\LEG- DIRILisa12008 Parks and Recreation \ZiegenBock.2008.5hort.Term.Use Permit i4
Page 7 of 17
the Event. Furthermore, a Certificate of Occupancy must be signed by the proper
inspectors to have all temporary services, such as food, electrical, plumbing, tents and
structures, inspected and approved. It is the responsibility of Promoter to call each
inspector for an appointment to inspect and obtain approval for each temporary service
prior to the commencement of the Event.
26. Permissible Vendor Location Markings. No paint or semi - permanent markings
will be permitted which in any way obliterate or deface any pavement markings or signs
heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape
markings may be used to pre -mark locations on the sidewalk or street. (Painted
markings of any type will only be permitted in grassy areas).
27. Dispute Resolution. City and Promoter agree that any disputes which may
arise between them concerning this Use Permit Agreement, such as determining the
amount of damage to City property occurring as a result of the Event, or regarding a
billed amount, will be submitted for determination and resolution, first to the Parks
Director, with a right to appeal to the City Manager. The decision of the City Manager
will be final, unless that decision is appealed to the City Council by giving written notice
of appeal to the City Secretary within ten (10) days after the written decision of the City
Manager has been sent to Promoter. In the event of appeal, the decision of the City
Council will be final. This Use Permit Agreement in no way waives Promoter's rights to
seek other legal remedies during the appeals process.
28. Fire Lanes. Promoter must at all time during the Event and the non - exclusive
use period, maintain fire lanes upon the Premises as may be designated by City's Fire
Chief. The fire lanes must be kept clear of all obstructions.
Promoter must, at all times in its use of the Premises, provide driveway access for
emergency equipment.
29. Assignment. Promoter may not assign or transfer this Use Permit nor sublease
the whole or any part of the Premises or make any alteration therein without the prior
written consent of the City.
30. Breach, Termination. Any failure on the part of Promoter to perform any of the
covenants contained in this Use Permit, or any breach of any covenant or condition by
Promoterentitles City to terminate this Agreement withoutnotice or demand of any
kind, not withstanding any license issued by City and no forbearance by City of any
prior breach by Promoter is a waiver by or estoppel against City. In case of
termination•City is entitled-to retain any sums of money theretofore paid by Promoter
and the sums inure to the benefit of City as a set -off against any debt or liability of
Promoter to City otherwise accrued by breach hereof.
31. Right of Promoter to Use Public Property. Promoter acknowledges that the
control and use of public property is declared to be inalienable by the City and except
for the use privilege granted herein, this Agreement does not confer any right, title, or
interest in the public property described herein. The privilege to use the City property
H:1LEG- DIRlLisa12006 Parks and Recreation \ZiegenBock.2008.Short.Term.Use Perrngj_
Page 8 of 17
granted herein is subject to the approval of the City Council as required by ordinance
and the compliance by Promoter with the terms and conditions contained within this
Use Permit.
32. Not Partnership or Joint Venture. This Agreement may not be construed or
deemed by the parties hereto as a partnership, joint venture, or other relationship that
requires the City to cosponsor or incur any liability, expense, or responsibility for the
conduct of the Event or associated activities. Payments received from Promoter by the
City are compensation for provision of City services as described herein and for the
right of Promoter to use public property for the limited purpose described herein, an
outdoor music festival.
33. City Services Subject to Appropriation. Promoter recognizes that the
services provided by the City pursuant to this Use Permit are subject to the City's
annual budget approval and appropriation. The continuation of any contract after the
close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is
subject to appropriations and budget approval. The City does not represent that the
expenditures required by the City for the provision of services required by this Use
Permit will be adopted by future City Councils, said determination being within the sole
discretion of the City Council at the time of adoption of each fiscal year budget.
34. Compliance with Laws. Promoter must comply with all applicable federal,
state, and local laws and regulations, including without limitation compliance with
Americans with Disabilities Act requirements, all at Promoter's sole expense and cost.
35. Non - discrimination. Promoter warrants that they are and will continue to be an
Equal Opportunity Employer and hereby covenants that no employee, participant,
invitee, or spectator will be discriminated against because of race, creed, sex, disability,
color, or national origin.
36. Fence. Promoter may provide a temporary six -foot (6') chain link fence around
the Premises, with gates for access. The fence will help improve security, crowd
control, and litter control.
37. Admission Fee. Promoter may charge an admission fee for the Event as follows:
One day ticket is $17.50. Two Day pass is $25.00. There will be discounted prices for
active military, city employees and persons with disabilities. Special events connected with
Promoter may charge;another fee to help defray the cost of entertainment.
38. Security. Promoter must provide uniformed Security Officers during the Event.
Promoter ,will assign the Security Officers duties. Security Officer means sworn peace
officers directly paid by Promoter. Provided, however, that the Police Chief may
determine that a security guard service will provide adequate security for the Event, or
portions of the Event. If the Police Chief allows a security guard service to provide
security, the term "Security Officer" will include a licensed security guard as well as a sworn
peace officer.
H:1t.EG- PIR \Gisa12008 Parks and Recreation \ZiegenBock.2008.Short.Term.Use Perm J _
Page 9 of 17
If the City's Police Chief determines it is necessary, he will assign Police Officers to
provide off -site crowd and traffic control including cross walks and intersections within
one -half mile of Event site, as needed, and include costs of police officers in the Direct
Costs per Section 7 above. The Police Officers will be assigned duty stations by the
Police Chief, or designee.
39. Cancellation. City Manager, or his designee, reserves the right, at all times and
in his sole discretion, to cancel the Event and terminate this Agreement, without
penalty, if such cancellation is necessary to protect the public health, safety, or welfare,
or due to Promoter's non - compliance with the terms and conditions of this Agreement.
If the Event is cancelled under this section or for any reason,
Promoter releases City from all liability that may result from the
premature closing of the Event. If the event is cancelled under this
section or for any reason, Promoter agrees to indemnify and hold
City, its officers, agents and employees (" Indemnitees ") harmless of,
from, and against all claims, demands, actions, damages, losses,
costs, liabilities, expenses, and judgments recovered from or
asserted against lndemnitees caused, either proximately or remotely,
wholly or in part, by cancellation of the Event. Promoter covenants
and agrees that if City is made a party to any litigation against
Promoter or in any litigation commenced by any party relating to this
Agreement, Promoter shall defend City, with counsel acceptable to
the City, upon receipt of reasonable notice regarding commencement
of that litigation.
40. Publication. Promoter agrees to pay the costs of newspaper publication of this
Use Permit and related ordinance as required by the City Charter.
41. Entirety Clause. This Agreement and the incorporated and attached exhibits
constitute the entire Agreement between the City and Promoter for the use granted.
All other Agreements, promises, and representations, unless contained in the
Agreement, are expressly revoked, as the parties intend to provide for a complete
understanding within the provisions of this Agreement and its exhibits, of the terms,
conditions, promises, and covenants relating to Promoter's operations and the
Premises to be used in the operations. The unenforceability, invalidity, or illegality of
any provision of the Agreement does not render the other provisions unenforceable,
invalid, or illegal,
H:1LEG- DIRllisa12008 Parks and Recreation 'ZiegenBock.2008.Short.Term.Use Permit.dpc,
Executed in Duplicate Originals on , 2008.
PROMOTER
MATTH BA MUSTANG MUSIC GROUP
Name:
President
}HerI
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on \J L) n E. 1 ' +1't
Matthew Peveto dba Mustang Music Group.
/VQ Cr •rV t t.& Seal:
Notary Public, State Of Texas
)#,. 2-9,20)-
My Commission Expires
Page 10 of 17
, 2008, by
NAOEEM MMES
Main/ Public, &ems e( Tons
My Commission Emilio
Julio 2t,2512
/149-0.E0.44 - MLI
Notary's Printed. Name
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED:
George K. Noe
City Manager
Lisa Aguilar, Assistant City Attorney for City Attorney
G:IDOCUments end Setunge?M t Pevetattucel SettlngsVTemporani Inienlet FIIe8104K3421egerleock 2008 Shat Term URePe mltdoo
_88--
EXHIBIT A
Description of Premises:
Page 11 of 17
Event Site: From Hotel Place to Steward Place, encompassing the Promenade. The
event itself will be along this section of Corpus Christi Beach.
H:1LEG- DIRILisa12008 Parks and Recreation \ZiegenBock.2008.Short.Term.Use Permit.dt 9_
EXHIBIT B
ZIEGENBOCK
YEAR 2008
Page 12 of 17
NONEXCLUSIVE USE: July 21 through July 24, 2008, and July 27 through July 29,
2008.
EXCLUSIVE USE: July 25 through July 26, 2008.
H:1LEG- DIR \Ltsa12008 Parks and Recreation lZiegenBock.2008.Short.Term.Use Permitlg5
Page 13 of 17
EXHIBIT C
Event Layout Diagram (to be provided at (east 2 weeks prior to the Event).
H:1LEG- DiRlLisa12D08 Parks and RecreationlZiegenBock .2008.Short.Term.Use Permit.do 1
Exhibit E
Services to be provided by City, and cost estimates
ZIEGENBOCK 2008
Estimated Expenses*
Page 14 of 17
Parks and Recreation $ 3,800.00
Police $ 14,850.00
Traffic Engineering & Street Services $ 1,000.00
TOTAL: $ 19,650.00
*Promoter may or may not use all services estimated on this sheet.
H:ILEG- DIR1Lisa1200B Parks and RecreationlZiegenBock .2008.Short.Terrn.Use Permltn
Page 15 of 17
EXHIBIT F
INSURANCE REQUIREMENTS
A. Promoter must not commence work under this Agreement until all insurance required herein
has been obtained and approved by the City. Promoter must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been obtained.
B. Promoter must furnish to the Risk Manager or designee, two (2) copies of Certificates of
Insurance, showing the following minimum coverage by insurance company(s) acceptable to
the Risk Manager or designee. The City must be named as an additional insured for all
liability policies, and a blanket waiver of subrogation in favor of the City is required on all
applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non -
renewal, material change or termination is
required on all certificates
COMMERCIAL GENERAL LIABILITY including:
1. Commercial Form
2. Premises — Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury Advertising Injury
Bodily Injury and Property Damage
Per occurrence aggregate
$1,000,000 COMBINED SINGLE LIMIT
LIQUOR LIABILITY
1. Vendors providing and / or selling alcohol
AUTOMOBILE LIABILITY -- Owned, Non -owned or
rented vehicles
1. Contractors & Subcontractors delivering tents,
stages, bleachers, temporary structures and
large items
H:IL €G- DIRILisa12008 Parks and RecreationlZiegenBock .2008.Short.Term.Use Permit.1 3_
$1,000,000 COMBINED SINGLE LIMIT
$500,000 COMBINED SINGLE LIMIT
Page 16 of 17
2. Promoter's workers and volunteers
AT A MINIMUM , STATUTORY LIMITS of $25,000 /
$50,000 for BODILY INJURY & $25,000 for PROPERTY
DAMAGE
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
Required if Promoter employs any person other than
himselflherself:
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF THIS
EXHIBIT
$500,000
ACCIDENT POLICY FOR VOLUNTEERS
$5,000 MEDICAL PAYMENTS per PERSON
$10,000 DEATH or DISMEMBERMENT per PERSON
C. In the event of accidents of any kind, Promoter must furnish the Risk
Manager with copies of all reports of any accidents within 10 days of the
accident.
11. ADDITIONAL REQUIREMENTS
A. Promoter must obtain workers' compensation coverage through a licensed
insurance company in accordance with Texas law. The contract for coverage must
be written on a policy and with endorsements approved by the Texas Department of
Insurance. The workers' compensation coverage provided must be in amounts
sufficient to ensure that all workers' compensation obligations incurred by the
Promoter will be promptly met.
B. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on
the liability coverage, and a blanket waiver of subrogation in favor of the
City is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the
H:ILEG- D1R1Lisa12008 Parks and RecreationlZiegenBock .2008.Short.Term.Use Permit.doc
-94-
Page 17 of 17
cancellation clause (bottom right) must be amended by adding the
wording "changed or" between "be" and "canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left". In the
alternative, a copy of a policy endorsement with the required cancellation
language is required.
• The name of the event, including exact dates including move -in and
move out dates shall be shown under the Description of Operations/
Locations / Vehicles/ Special Items.
• At a minimum, a 30 -day written notice to the Risk Manager and Parks
and Recreation Director of cancellation, material change, non - renewal or
termination and a 10 day written notice of cancellation for non - payment
of premium is required.
2008 Promoter — ZiegenBock Musical Festival ins. req.
6 -10 -08 ep Risk Mgmt.
H:1LEG- DIR \Lisa12008 Parks and RecreationlZiegenBock .2008.Short.Term.Use Permil.cc5_
ORDINANCE
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A USE
PERMIT AGREEMENT WITH MATTHEW PEVETO DBA MUSTANG MUSIC
GROUP FOR USE OF CORPUS CHRISTI BEACH DURING JULY 21
THROUGH JULY 29, 2008 FOR ZIEGENBOCK MUSIC FESTIVAL; PROVIDE
FOR PAYMENT OF 100% OF ALL CITY COSTS PLUS $5,000.00; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is authorized to execute a use permit
agreement with Matthew Peveto dba Mustang Music Group for ZiegenBock Music Festival on
Corpus Christi Beach. A copy of the use permit agreement is on file with City Secretary. The
Agreement provides for use of Corpus Christi Beach during July 21 through July 29, 2008, as
described in the agreement. The Agreement also provides for payment of 100% of all city
costs plus $5,000.00.
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 June, 2008.
ATTEST:
Armando Chapa
City Secretary
Approved: June 10, 2008
By:
Lisa Aguilar
Assistant City Aforney
for City Attorney
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
Day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
Voting upon ordinances at two regular meetings: Ifwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 24, 2008
AGENDA ITEM: Authorizing the City Manager, or his designee, to execute a five year
lease agreement with Santa Fe Soccer League, a non - profit organization, for the use of
North Pope Park and South Pope Park for its soccer program in consideration of Santa Fe
Soccer League maintaining the premises and improvements.
ISSUE: Santa Fe Soccer League has requested a five year lease agreement.
REQUIRED COUNCIL ACTION: The City Council must approve all leases.
PREVIOUS COUNCIL ACTION: The City Council previously approved a five -year lease
with Santa Fe Soccer League.
FUNDING: No funding involved.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
approve the amendment to the lease with Santa Fe Soccer League for the use of North
Pope Park and South Pope Park.
Sal y
Parks and
Attachments: Background Information
Map
—101—
Direc or
ecreation Department
3
BACKGROUND INFORMATION
Santa Fe Soccer League has been using the fields at North Pope Park and South Pope
Park for youth soccer programs since February 1997. They entered into a five -year lease in
November 2001.
—102—
4
SANTA FE SOCCER LEAGUE LEASE
EXHIBIT A �^
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NORTH & SOUTH POPE PARK
LEGEND
LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND SANTA FE SOCCER LEAGUE.
This lease agreement ( "Lease ") is entered into by and between the City of
Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly
authorized City Manager or designee ( "City Manager "), and Santa Fe Soccer League
( "Lessee "), a nonprofit organization and affiliated member of Coastal Bend Youth
Soccer Association, acting through its duly authorized President of Lessee.
WHEREAS, the City owns North Pope Park and South Pope Park, both located
in Corpus Christi, Nueces County, Texas, a portion of which will be known as the
"Premises ";
WHEREAS, the Lessee desires to use the Premises for its soccer program; and
WHEREAS, the City desires to allow Lessee to use the Premises for its soccer
program.
NOW, THEREFORE, the City and Lessee, in consideration of the mutual prom-
ises and covenants herein, agree as follows:
Section 1. Term. Subject to the remaining terms and conditions hereof, the original
term of this Lease is five (5) years, beginning on day of City Council approval, which is
, 2008, unless sooner terminated as set out herein.
Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or his designee
( "Director ").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit A the site map which is attached hereto and
incorporated herein this Agreement by reference, and all improvements to the Premises
( "Improvements ") including, without limitation, the fields, fences, irrigation systems,
and the grassed areas.
Section 4. Consideration. Lessee must operate a soccer program and must maintain
the Premises and-all Improvements on a year -round basis in accordance with all
maintenance rules, with respect to this Lease, set out by the City Manager or his
designee in effect now and as promulgated in the future. Failure to maintain the
Premises and all Improvements in accordance with these rules constitutes grounds for
termination of this Lease. At a minimum, maintenance includes:
(A) Lessee shall pick up and properly dispose of litter on a daily basis whenever
the Premises are being used and weekly during the rest of the year;
(B) Lessee shall keep fully operational and in good repair the soccer fields, and
irrigation systems.
H:1LEG- DIR\Lisa12008 Parks and Recreatita Fe Soccer League 2008.doc
1
(C) Lessee must immediately report any vandalism to the Director, or his designee, and
the Corpus Christi Police Department, Nueces County, Texas;
(D) Lessee shall ensure that parking is confined to on- street parking only;
(E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will
be responsible for maintaining the soccer fields as set out in Section 4(F)
herein below. Furthermore, Lessee will be responsible for maintaining the
grass in the adjacent viewing /access areas at a safe height not to exceed
six (6) inches;
(F) Lessee shall maintain the soccer fields within the Premises boundary lines.
Grass on the soccer fields must not exceed three (3) inches. Lessee must
mow the soccer fields within one (1) week after grass reaches three (3)
inches in height. At least one month prior to the start of any season or pre-
season practice, the soccer fields must be gradually cut shorter and brought
into playing condition. Failure to keep the grass on the soccer fields at or
below three (3) inches in height or to properly bring the soccer fields back to
playing condition will be grounds for termination of this Lease;
(G) Lessee shall maintain a secure anchoring system on all soccer goal posts
used on the soccer fields at Premises. Lessee must repair any deficiency
found in the anchoring system that impairs the safe use of the anchoring
system within forty -eight (48) hours after the need for repair is or should
have been discovered.
Section 5. SecuringlAnchorinq of Goal Posts. Lessee shall submit a plan,
within 30 days of City Council approval of this Lease, to Director for approval of
which will not be unreasonably withheld, that details the method of securing and
anchoring the soccer goal posts for each of the soccer fields to be used by
Lessee at the Premises for the term of this Lease. Director shall notify Lessee of
approval or denial of the securing /anchoring method submitted within ten (10)
days of submission of same. If denied, Director and lessee shall cooperatively
work together and implement a secure anchoring system necessary for the
safety of soccer participants and spectators.
Lessee acknowledges and covenants that Lessee shall be responsible, during
the term of this Lease, for maintaining the approved anchoring system, as set
out in Section 4 above. Any change, alteration, or modification to the approved
anchoring system during the term of this Lease must be submitted to Director, in
writing, prior to the change, alteration or modification being made.
Section..6. Understanding. Lessee acknowledges and understands that use of the
Premises is expressly conditioned on the understanding that the Premises and all
Improvements must be returned in as good a condition as received, reasonable use
and wear, acts of God, fire and flood damage or destruction, where Lessee is without
fault, excepted.
Section 7. Joint Use.
(A) City retains joint use of the Premises and Improvements during the term of
this Lease, subject to Lessee's right to exclusive control of the Premises
during its use for soccer program purposes. Lessee must not deny access
H:1LEG- DIR\Lisa12008 Parks and Recreation\S to Fe Soccer League 2008.doc
—105-
2
to nor use of the Premises to the general public for unorganized activities
when the Premises are not being used for soccer purposes by Lessee.
Requests for scheduled organized activities by other organizations will be
reviewed for approval or denial by the Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and/or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and /or any improvements from installing,
maintaining, repairing, or removing the utility lines and/or easements. City
must use reasonable judgment in locating the utility lines and/or easements
to minimize damage to the Premises and/or its Improvements.
Section 8. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a soccer program and for no other
purpose without the Director's prior written approval.
Section 9. Additions or Alterations.
(A) Lessee shall not make any additions nor alterations to the Premises nor to
any Improvements without Director's prior written approval. If approved,
Lessee must obtain clearance, in writing, from City's Risk Management
Department (Risk Management) that the proposed addition or alteration will
be covered under the insurance policy in force during the term of this Lease
before proceeding with any type of addition or alteration to the Premises or
to the Improvements.
(B) All additions or alterations must be made at Lessee's expense. Ali additions
or alterations installed by Lessee must be repaired or replaced at Lessee's
expense and may be removed by Lessee at the expiration or termination of
the Lease if they may be removed without damaging the Premises or any
Improvements. Ali additions or alterations made by Lessee which are not
removed at the expiration or termination of this Lease become the property
of City without necessity of any legal action.
Section 10. Utilities. Lessee must pay for all utilities used by it or for any activity
sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay
any utility bill on or before the due date is grounds for termination of this Lease.
Section 11. 'Signs;
(A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs,
advertisements, notices, or other lettering (Signs) on the Premises or on any
Improvements without the Director's prior written approval.
(B) If Signs are approved, the Director, in writing, may require Lessee to
remove, repair, or repaint any Signs. If the Signs are not removed, repaired,
or repainted within ten (10) days of the Director's written demand, the City
H:1LEG- DIR\Lisa12008 Parks and Recreation\Santa Fe Soccer League 2008.doc
—1 0 6—
3
may do or cause the work to be done, and Lessee must pay the City's costs
within thirty (30) days of receipt of Director's invoice. Failure to pay the
City's costs within thirty (30) days of receipt of the invoice constitutes
grounds for termination of this Lease. Alternatively, the City may elect to
terminate this Lease after ten (10) days written notice to Lessee.
Section 12. Advertising. The Director has the right to prohibit any advertising by Les-
see which impairs the reputation of the Premises or the City.
Section 13. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 14. inspection. The City Manager and the Director, or their respective
designee, has the right to inspect the Premises and/or the Improvements at any time
during the term of this Lease. If an inspection reveals that maintenance is not being
properly carried out, the Director, or his designee, may provide written notice to Lessee
demanding compliance. If Lessee has not complied within five (5) days after receipt of
the demand, the City may undertake the work and Lessee shall pay the City's cost plus
ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice.
Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the
invoice constitutes grounds for termination of this Lease. Alternatively, the City may
elect to terminate this Lease after ten (10) days written notice to Lessee.
Section 15. Non - Discrimination. Lessee shall not discriminate nor permit
discrimination against any person or group of persons, as to employment and in the
provision of services, activities, and programs, on the grounds of race, religion, national
origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws
of the United States or the State of Texas. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 16. Compliance with Laws.
(A) Lessee must comply with all Federal, State, and local government laws,
rules, regulations, and ordinances, which may be applicable to its operation
at the Premises and its performance under this Lease. This Lease is also
subject to applicable provisions of the City Charter.
(B) All actions brought to enforce compliance with any law or to enforce any
provision of this Lease will be brought in Nueces County where this Lease
was executed and will be performed.
Section 17. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 18. indemnity. Lessee, its officers, members, partners,
H:1LEG- DIR1Lisa12008 Parks and Recreationita Fe Soccer League 2008.doc 4
employees, representatives, agents, and licensees (collectively,
Indemnitors) covenant to fully indemnify, save, and hold
harmless the City, its officers, employees, representatives, and
agents (collectively, Indemnitees) from and against all claims,
demands, actions, damages, losses, costs, liabilities, expenses,
and judgments asserted against or recovered from City on
account of injury or damage to person including, without
limitation on the foregoing, premises defects, workers
compensation and death claims), or property loss or damage of
any kind whatsoever, to the extent any damage or injury may be
incident to, arise out of, be caused by, or be in any way
connected with, either proximately or remotely, wholly or in part ,
(1) the existence, use, operation, maintenance, alteration, or
repair of Premises and the Santa Fe Soccer League program; (2)
the exercise of rights under this Lease; (3) an act or omission,
negligence, or misconduct on the part of lndemnitees or any of
them or other persons having involvement in, participation with,
or business with the Premises, Lessee, or the Santa Fe Soccer
League program whether authorized with the express or implied
invitation or permission of Lessee (collectively, Lessee's Invitees)
entering upon the Premises or its Improvements pursuant to this
Lease, or trespassers entering upon the Premises or its
Improvements during Lessee's use or physical occupation of the
Premises; or (4) due to any of the hazards associated with
sporting events, training, or practice as a spectator or participant
including, but not limited to, any injury or damage resulting,
wholly or in part, proximately or remotely, from the violation by
Indemnitees or any them of any law, rule, regulation, ordinance,
or government order of any kind; and including any injury or
damage in any other way and including all expenses arising from
litigation, court costs, and attorneys fees, which arise, or are
claimed to arise from, out of, or in connection with the asserted
or recovered incident. The terms of this indemnification are ef-
fective regardless of whether such injuries, death, or damages
are caused, or are claimed to be caused, by the concurrent,
contributing, or sole negligence of Indemnitees or any of them.
Lessee covenants and agrees that if City is made a party to
H:1LEG- DIR\Lisa12008 Parks and Recreatia nta Fe Soccer League 2008.doc 5
any litigation against Lessee or in any litigation commenced by
any party, other than Lessee relating to this Lease, Lessee shall,
upon receipt of reasonable notice regarding commencement of
litigation, at its own expense, investigate all claims and demands,
attend to their settlement or other disposition, defend City in all
actions based thereon with counsel satisfactory to Indemnitees,
and pay all charges of attorneys and all other costs and expenses
of any kind arising from any said liability, damage, loss, demand,
claim, or action.
Section 19. Insurance.
(A) Lessee must secure and maintain at Lessee's expense, during the term of
this Lease, a Commercial General Liability insurance policy with the limits
and requirements shown on Exhibit B, which is attached hereto and
incorporated herein by reference. Failure to maintain such insurance at the
limits and requirements shown on Exhibit B constitutes grounds for
termination of this Lease.
(B) Lessee must provide proof, by Certificate of Insurance meeting the limits and
requirements set out in Exhibit B ", to the Director and Risk Management
prior to commencing use of the Premises under this Lease.
(C) Lessee must provide the Director and Risk Management thirty (30) days
written notice of cancellation, intent not to renew, or material change of any
insurance coverages required herein.
(D) Lessee shall, during the term of this Lease, provide copies of all insurance
policies to the City Manager or the Director upon written request.
(E) Lessee shall, prior to any addition or alteration to the Premises or to the
Improvements, obtain clearance, in writing, from Risk Management, as per
Section 8 as set out herein this Lease.
Section 20. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during the te�this Lease.
Section 21. Termination.
(A) The City may immediately terminate this Lease for cause and without
penalty if the City determines, in its sole discretion, that Lessee is no longer
fulfilling: the :primary purpose of the Lease as set out in Section 8.
(B) In addition, the City may immediately terminate this Lease for cause and without
penalty if it determines, in its sole discretion, that Lessee is in violation of any
Federal, State, or local government law, rule, regulation, or ordinance.
(C) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or
begin curing the default(s) within ten (10) days of receipt of the notice. If
Lessee is not in compliance or in substantial compliance with each provision
H:ILEG- DIR\Lisa12008 Parks and Recreation Fe Soccer League 2008.doc
6
identified by the Director within ten (10) days of receiving said notice, the
City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of
continued noncompliance.
(D) Either City or Lessee may terminate this Lease without cause by giving thirty
(30) days written notice to the non - terminating party.
Section 22. Notice. All notices, demands, requests, or replies provided for or
permitted, under this Lease, by either party must be in writing and must be delivered by
one of the following methods: (1) by personal delivery; (2) by deposit with the United
States Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid telegram; or, (4) by deposit with an overnight express delivery
service, for which service has been prepaid. Notice deposited with the United States
Postal Service in the manner described above will be deemed effective two (2) business
days after deposit with the United States Postal Service. Notice by telegram or
overnight express delivery service will be deemed effective one (1) business day after
transmission to the telegraph company or overnight express carrier. All such
communications must only be made to the following:
IF TO CITY: IF TO LESSEE:
City of Corpus Christi Santa Fe Soccer League
Attn: Director of Park & Recreation Attn: President
P. O. Box 9277 1029 Stimian Street
Corpus Christi, TX 78469 -9277 Corpus Christi, TX 78411
(361) 880 -3461
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 23. List of Officers.
(A) Lessee must submit its current List of Officers (List) to the Director within
ten (10) days of commencement of this Lease. Further, Lessee, on the
subsequent yearly anniversary dates of this Lease, must submit its current
List to the Director.
(B) The List must contain each person's title, name, address, home phone,
and office or fax phone, if applicable.
Section 24. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play soccer each year during the term of this Lease. The
reports must be submitted to the Director by August 31st of each lease year.
Section 25. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
H:ILEG- DIR\Lisa12008 Parks and Recreatio i\1Sdnta Fe Soccer League 2008.doc
7
City for Toss of use of the Premises and /or improvements. The City has no
obligation to provide an alternate location for Lessee during the Improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 26. Amendments. No alterations, changes, or modifications of the terms of
this Lease nor the waiver of any provision will be valid unless made in writing and signed
by a person authorized to sign agreements on behalf of each party.
Section 27. Waiver.
(A) The failure of either party to complain of any act or omission on the part of
the other party, no matter how long the same may continue, will not be
deemed a waiver by said party of any of its rights hereunder.
No waiver of any covenant or condition or of the breach of any covenant or
condition of this Lease by either party at any time, express or implied, shall
be taken to constitute a waiver of any subsequent breach of the covenant
or condition nor shall justify or authorize the nonobservance on any other
occasion of the same or any other covenant or condition hereof.
(C) If any action by the Lessee re quires the consent or approval of the City on
one occasion, any consent or approval given on said occasion will not be
deemed a consent or approval of the same or any other action at any other
occasion.
(B)
(D) Any waiver or indulgence of Lessee's default of any provision of this Lease
shall not be considered an estoppel against the City. It is expressly under -
stood that, if at any time Lessee is in default in any of its conditions or
covenants hereunder, the failure on the part of City to promptly avail itself
of said rights and remedies which the City may have will not be considered
a waiver . on the part of the City, but the City may at any time avail itself of
said rights or remedies or elect to terminate this Lease on account of said
default.
H:1LEG- DIR1Lisa12008 Parks and Recreation \ita Fe Soccer League 2008.doc
8
Section 28. Force Maieure. No party to this Lease will be liable for failures or delays in
performance due to any cause beyond their control including, without limitation, any
failures or delays in performance caused by strikes, lock outs, fires, acts of God or the
public enemy, common carrier, severe inclement weather, riots or interference by civil or
military authorities. The rights and obligations of the parties will be temporarily sus-
pended during this period to the extent performance is reasonably affected.
Section 29. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, transferred, or sublet directly or indirectly without the prior written consent of
the City.
Section 30. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 31. Ca Ca tions. The captions in this Lease are for convenience only, are not a
part of this Lease, and do not in any way limit or amplify the terms and provisions of this
Lease.
Section 32. Severabi lity.
A. If, for any reason, any section, paragraph, subdivision, clause, provision,
phrase, or word of this Lease or the application hereof to any person or
circumstance is, to any extent, held illegal, invalid, or unenforceable un-
der present or future law or by a final judgment of a court of competent
jurisdiction, then the remainder of this Lease, or the application of said
term or provision to persons or circumstances other than those as to which
it is held illegal, invalid, or unenforceable, will not be affected thereby, for it
is the definite intent of the parties to this Lease that every section, para-
graph, subdivision, clause, provision, phrase, or word hereof be given full
force and effect for its purpose.
B. To the extent that any clause or provision is held illegal, invalid, or unen-
forceable under present or future law effective during the term of this
Lease, then the remainder of this Lease is not affected thereby, and in lieu
of each such illegal, invalid, or unenforceable clause or provision, a clause
or provision, as :similar in terms to such illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Lease automatically.
Section 33. Sportsmanship Program. Lessee shall require that all of its coaches and
at least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
Section 34. Complaint Notice. Lessee will post a notice at Premises, in a form
approved by the Parks Director, that if any participant or spectator has any complaints
or concerns they may contact the City at 880 -3461 and talk to the Parks Director, or
designee.
Section 35. Entirety Clause. This Lease and the attached and incorporated exhibits
H:1LEG- DIR1Lisa12008 Parks and Recreatiof\ nta Fe Soccer League 2008.doc 9
SANTA FE SOCCER LEAGUE LEASE
EXHIBIT 441frd
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NORTH & SOUTH POPE PARK
LEGEND
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
and covenants governing each parry's performance hereunder and as relating to Les-
see's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of , 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary George K. Noe, City Manager
Approved as to legal form:
By: dC,.v1%.
Lisa Aguilar, istant City Attorney
For City Attorney
1 ?ooF
SANTA FE SOCCER LEAGUE
By:
Presi
Printed Name: �� �1� e.� PTO J
Date:
STATE OF TEXAS §
COUNTY OF NUECES §
J6, z0'og
This instry rnent was acknowledged before me on
�0 bee lir rffR , President of Santa Fe Soccer League, on behalf of said organization.
ik>7, , 2008, by
Al ISABEL NUERTA
Notary Public
STATE OF TEXAS
My Comm. Exp. 07 -11 -2009
had to-Jk-
Notary Public, State of Texas
Printed name: i,,,L U k tYY 'tk
Commission expires: 07- I1' d-r
H:1LEG- DIR\Lisa12008 Parks and Recreatio 1t'nia Fe Soccer League 2008.doc
10
INSURANCE REQUIREMENTS
I. LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates.
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal lnjury
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or between "be" and "canceled ", and deleting the
words, "endeavor to", and deleting the wording after "left ". ". In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30-day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
H:1LEG- DIR\Lisa12008 Parks and RecreationiS to Fe Soccer League 2008.doc
12
ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE YEAR
LEASE AGREEMENT WITH SANTA FE SOCCER LEAGUE, A NON - PROFIT
ORGANIZATION, FOR THE USE OF NORTH POPE PARK AND SOUTH POPE PARK
FOR ITS SOCCER PROGRAM IN CONSIDERATION OF SANTA FE SOCCER LEAGUE
MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is authorized to execute a five year lease
agreement with Santa Fe Soccer League, a non - profit organization, for the use of North Pope Park
and South Pope Park for its soccer program, in consideration of Santa Fe Soccer League
maintaining the premises and improvements. A copy of the Agreement is on file with the City
Secretary.
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
2008.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: May 28, 2008
By: oC .A4%1
Lisa Aguilar, Assistant City Attorney
for City Attorney
Henry Garrett
Mayor
Corpus Christi, Texas
Day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummed
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
S
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 24, 2008
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a
five year lease agreement with Corpus Christi United Little Miss Kickball, a non - profit
organization, for the use of Bill Witt Park for its kickball program in consideration of Corpus
Christi United Little Miss Kickball maintaining the premises and improvements; providing for
severance; and providing for publication.
ISSUE: Corpus Christi United Little Miss Kickball has requested a five year lease
agreement.
REQUIRED COUNCIL ACTION: The City Council must approve all leases.
PREVIOUS COUNCIL ACTION: The City Council previously approved a five -year lease
with Corpus Christi United Little Miss Kickball.
FUNDING: No funding involved.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
approve the amendment to the lease with Corpus Christi United Little Miss Kickball for the
use of Bill Witt Park.
/4.1,
Sa y G ik, Director
Parks a 1 d Recreation Department
Attachments: Background Information
Map
BACKGROUND INFORMATION
Corpus Christi United Little Miss Kickball has been using the fields at Bill Witt Park for
youth kickball programs since February 1997. They entered into a five year lease in
November 2001. The lease was amended in March 2004 to expand the leased area.
EXHIBIT A
SWIM TENAS
Y FOOD
BILL WITT PARK
1
N4!'1w'
POINT OF ELM
COMA
FaAD SAY IRON KO
lIdARDISS ARE WITH REFERENCE TO
SA11EY OF 'ROOD FIELD P*AC AS
SLIWEYED BY PDRACIO OLIVEIRA
M.O.BT WS AP• FILED AS CITY
RICH -CP -WAY MAR INST.
1, Iteseell D. OCYa. Reslntered lr.t*s.lassl Land
Smrrefar. busby certify Mat Ma lareialaI asap
wan prepared Irma a soft em the premed
spier u» dtreettar. Tide lie 1.71. day at
F f4IuAL . apes
.4"44X D L
Russell D. Date
State et Texas LIC. 'l.241
000 0 110)
BEING 18.979 ACRES OF LAND OUT OF THAT CERTAIN
136.22 ACRE TRACT. CONVEYED TO THE CITY CF CORPUS
OHFIISTI, TEXAS, COMMONLY KNOWN AS BILL WITT
PARK AND DESCRIBED IN DEED RECORDED IN VOLINvE
1700, PAGE 05 OF 11-E DEED RECORDS OF NUECES
COUNTY. TEXAS. AND BEING OUT OF SECTION 21 OF TI-E
FLOUR BLUFF AND ENCI NAL FARM EL GARDEN TFO,c7S.
RECORDED IN VOLUME A. PAGES 41-43 OF THE
,OGr+tear'iC [1F PIECES COUNTY. TEXAS.
CORPUS CHRISTI UNITED
LITTLE MISS KICKBALL
LEASE OUT OF
BILL WITT PARK
oeaerewars
sarvlass
Slummy AotIvitY
Date: t -31.-02
Pape i of _.i_..
CITY
OF
CORPUS CHRISTI
LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI UNITED
LITTLE MISS KICKBALL, INC.
This lease agreement ( "Lease ") is entered into by and between the City of
Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly
authorized City Manager or designee ( "City Manager "), and Corpus Christi United Little
Miss Kickball, Inc. ( "Lessee "), a Texas non -profit corporation, acting through President
of Lessee.
WHEREAS, the City owns Bill Witt Park, Corpus Christi, Nueces County, Texas,
a portion of which will be known as the "Premises ";
WHEREAS, the Lessee desires to use the Premises for its kickball program; and
WHEREAS, the City desires to allow Lessee to use the Premises for its kickball
program.
NOW, THEREFORE, the City and Lessee, in consideration of the mutual prom-
ises and covenants herein, agree as follows:
Section 1. Term. Subject to the remaining terms and conditions hereof, the original
term of this Lease is five (5) years, beginning on day of City Council approval, which is
2008, unless sooner terminated as set out herein.
Section 2. Contact PersonlLease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or his designee
( "Director ").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit A the site map which is attached hereto and
incorporated herein this Agreement by reference, and all improvements to the Premises
( "improvements ") including, without limitation, the fields, fences, irrigation systems,
and the grassed areas.
Section 4. Consideration. Lessee must operate a kickball program and must
maintain the Premises and all Improvements on a year -round basis in accordance with
all maintenance rules, with respect to this Lease, set out by the City Manager or his
designee in effect now and as promulgated in the future. Failure to maintain the
Premises and all Improvements in accordance with these rules constitutes grounds for
termination of this Lease. At a minimum, maintenance includes:
(A) Lessee shall pick up and properly dispose of litter on a daily basis whenever
the Premises are being used and weekly during the rest of the year;
Lessee shall keep fully operational and in good repair the kickball fields,
irrigation systems and fair weather parking area, which is located on the
Premises;
(B)
—1 24—
1
(C) Lessee must immediately report any vandalism to the Director, or his
designee, and the Corpus Christi Police Department, Nueces County,
Texas;
(D) Lessee shall keep the fair weather parking area and access roads free of
debris, properly designated, and free of potholes in accordance with
standards issued by the Director that are in force now and as promulgated
in the future. Lessee must repair potholes within ten (10) days after the
need for repair is or should have been discovered;
(E) Lessee shall ensure that parking is confined to designated areas;
(F) Lessee will provide normal, scheduled mowing of the Premises. Lessee will
be responsible for maintaining the kickball fields as set out in Section 4G
herein below. Furthermore, Lessee will be responsible for maintaining the
grass in the adjacent viewing /access areas at a safe height not to exceed
six (6) inches; and
(G) Lessee shall maintain the kickball fields within the Premises boundary lines.
Grass on the kickball fields must not exceed three (3) inches. Lessee must
mow the kickball fields within one (1) week after grass reaches three (3)
inches in height. At least one month prior to the start of any season or pre-
season practice, the kickball fields must be gradually cut shorter and
brought into playing condition. Failure to keep the grass on the kickball
fields at or below three (3) inches in height or to properly bring the kickball
fields back to playing condition will be grounds for termination of this Lease.
Section 5. Understanding. Lessee acknowledges and understands that use of the
Premises is expressly conditioned on the understanding that the Premises and all
Improvements must be returned in as good a condition as received, reasonable use
and wear, acts of God, fire and flood damage or destruction, where Lessee is without
fault, excepted.
Section 6. Joint Use.
(A) City retains joint use of the Premises and Improvements during the term of
this Lease, subject to Lessee's right to exclusive control of the Premises
during its use for kickball program purposes. Lessee must not deny access
to nor use of the Premises to the general public for unorganized activities
when the Premises are not being used for kickball purposes by Lessee.
Requests for scheduled organized activities by other organizations will be
reviewed for approval or denial by the Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and/or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and /or any Improvements from installing,
maintaining, repairing, or removing the utility lines and/or easements. City
must use reasonable judgment in locating the utility lines and /or easements
to minimize damage to the Premises and /or its Improvements.
-125-
2
Section 7. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a kickball program and for no other
purpose without the Director's prior written approval.
Section 8. Additions or Alterations.
(A) Lessee shall not make any additions nor alterations to the Premises nor to
any Improvements without Director's prior written approval. If approved,
Lessee must obtain clearance, in writing, from City's Risk Management
Department (Risk Management) that the proposed addition or alteration will
be covered under the insurance policy in force during the term of this Lease
before proceeding with any type of addition or alteration to the Premises or
to the Improvements.
(B) All additions or alterations must be made at Lessee's expense. All additions
or alterations installed by Lessee must be repaired or replaced at Lessee's
expense and may be removed by Lessee at the expiration or termination of
the Lease if they may be removed without damaging the Premises or any
Improvements. All additions or alterations made by Lessee which are not
removed at the expiration or termination of this Lease become the property
of City without necessity of any legal action.
Section 9. Utilities. Lessee must pay for all utilities used by it or for any activity
sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay
any utility bill on or before the due date is grounds for termination of this Lease.
Section 10. Signs.
(A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs,
advertisements, notices, or other lettering (Signs) on the Premises or on any
Improvements without the Director's prior written approval.
(B) If Signs are approved, the Director, in writing, may require. Lessee to
remove, repair, or repaint any Signs. If the Signs are not removed, repaired,
or repainted within ten (10) days of the Director's written demand, the City
may do or cause the work to be done, and Lessee must pay the City's costs
within thirty (30) .days of receipt of Director's invoice. Failure to pay the
City's costs within thirty (30) days of receipt of the invoice constitutes
grounds for termination of this Lease. Alternatively, the City may elect to
terminate this Lease after ten (10) days written notice to Lessee.
Section 11. Advertising. The Director has the right to prohibit any advertising by Les-
see which impairs the reputation of the Premises or the City.
Section 12. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
—126—
3
Section 13. Inspection. The City Manager and the Director, or their respective
designee, has the right to inspect the Premises and/or the Improvements at any time
during the term of this Lease. If an inspection reveals that maintenance is not being
properly carried out, the Director, or his designee, may provide written notice to Lessee
demanding compliance. If Lessee has not complied within five (5) days after receipt of
the demand, the City may undertake the work and Lessee shall pay the City's cost plus
ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice.
Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the
invoice constitutes grounds for termination of this Lease. Alternatively, the City may
elect to terminate this Lease after ten (10) days written notice to Lessee.
Section 14. Non - Discrimination. Lessee shall not discriminate nor permit
discrimination against any person or group of persons, as to employment and in the
provision of services, activities, and programs, on the grounds of race, religion, national
origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws
of the United States or the State of Texas. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 15. Compliance with Laws.
(A) Lessee must comply with all Federal, State, and local government laws,
rules, regulations, and ordinances, which may be applicable to its operation
at the Premises and its performance under this Lease. This Lease is also
subject to applicable provisions of the City Charter.
(B) All actions brought to enforce compliance with any law or to enforce any
provision of this Lease will be brought in Nueces County where this Lease
was executed and will be performed.
Section 16. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 17. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
Indemnitors) covenant to fully indemnify, save, and hold
harmless the City, its officers, employees, representatives, and
agents (collectively, Indemnitees) from and against all claims,
demands, actions, damages, losses, costs, liabilities, expenses,
and judgments asserted against or recovered from City on
account of injury or damage to person including, without
limitation on the foregoing, premises defects, workers
compensation and death claims), or property loss or damage of
-127- 4
any kind whatsoever, to the extent any damage or injury may be
incident to, arise out of, be caused by, or be in any way
connected with, either proximately or remotely, wholly or in part ,
(1) the existence, use, operation, main- tenance, alteration, or
repair of Premises and the Corpus Christi United Little Miss
Kickball program; (2) the exercise of rights under this Lease; (3)
an act or omission, negligence, or misconduct on the part of
indemnitees or any of them or other persons having involvement
in, participation with, or business with the Premises, Lessee, or
the Corpus Christi United Little Miss Kickball program whether
authorized with the express or implied invitation or permission of
Lessee (collectively, Lessee's Invitees) entering upon the
Premises or its Improvements pursuant to this Lease, or
trespassers entering upon the Premises or its Improvements
during Lessee's use or physical occupation of the Premises; or
(4) due to any of the hazards associated with sporting events,
training, or practice as a spectator or participant including, but
not limited to, any injury or damage resulting, wholly or in part,
proximately or remotely, from the violation by indemnitees or any
them of any law, rule, regulation, ordinance, or government order
of any kind; and including any injury or damage in any other way
and including all expenses arising from litigation, court costs,
and attorneys fees, which arise, or are claimed to arise from, out
of, or in connection with the asserted or recovered incident. The
terms of this indemnification are effective regardless of whether
such injuries, death, or damages are caused, or are claimed to be
caused, by the concurrent, contributing, or sole negligence of
lndemnitees or any of them.
Lessee covenants and agrees that if City is made a party to
any litigation against Lessee or in any litigation commenced by
any party, other than Lessee relating to this Lease, Lessee shall,
upon receipt of reasonable notice regarding commencement of
litigation, at its own expense, investigate all claims and demands,
attend to their settlement or other disposition, defend City in all
actions based thereon with counsel satisfactory to lndemnitees,
and pay all charges of attorneys and all other costs and expenses
of any kind arising from any said liability, damage, loss, demand,
-128-
5
claim, or action.
Section 18. Insurance.
(A) Lessee must secure and maintain at Lessee's expense, during the term of this
Lease, a Commercial General Liability insurance policy with the limits and
requirements shown on Exhibit B, which is attached hereto and incorporated
herein by reference. Failure to maintain such insurance at the limits and
requirements shown on Exhibit B constitutes grounds for termination of this
Lease.
(B) Lessee must provide proof, by Certificate of Insurance meeting the limits and
requirements set out in Exhibit B ", to the Director and Risk Management prior to
commencing use of the Premises under this Lease.
(C) Lessee must provide the Director and Risk Management thirty (30) days written
notice of cancellation, intent not to renew, or material change of any insurance
coverages required herein.
(D) Lessee shall, during the term of this Lease, provide copies of all insurance
policies to the City Manager or the Director upon written request.
(E) Lessee shall, prior to any addition or alteration to the Premises or to the
Improvements, obtain clearance, in writing, from Risk Management, as per
Section '8 as set out herein this Lease.
Section 19. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during the term of this Lease.
Section 20. Termination.
(A) The City may immediately terminate this Lease if the City determines, in its
sole discretion, that Lessee is no longer fulfilling the primary purpose of the
Lease as set out in Section 7.
(B) In addition, the City may immediately terminate this Lease if it determines, in
its sole discretion, that Lessee is in violation of any Federal, State, or local
government law, rule, regulation, or ordinance.
(C ) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or begin
curing.. the default(s) within ten (10) days of receipt of the notice. If Lessee is not
in compliance or in substantial compliance with each provision identified by the
Director within ten (10) days of receiving said notice, the City Manager may
terminate this Lease for cause by providing written notice of termination and
listing one or more areas of continued noncompliance.
(D) Either City or Lessee may terminate this Lease without cause by giving thirty
(30) days written notice to the non- terminating party.
Section 21. Notice. All notices, demands, requests, or replies provided for or
permitted, under this Lease, by either party must be in writing and must be delivered by
one of the following methods: (1) by personal delivery; (2) by deposit with the United
States Postal Service as certified or registered mail, return receipt requested, postage
-129- 6
prepaid; (3) by prepaid telegram; or, (4) by deposit with an overnight express delivery
service, for which service has been prepaid. Notice deposited with the United States
Postal Service in the manner described above will be deemed effective two (2) business
days after deposit with the United States Postal Service. Notice by telegram or
overnight express delivery service will be deemed effective one (1) business day after
transmission to the telegraph company or overnight express carrier. All such
communications must only be made to the following:
IF TO CITY:
City of Corpus Christi
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christi, TX 78469 -9277
(361) 880 -3461
IF TO LESSEE:
Corpus Christi United Little Miss Kickball
Attn: President
P. O. Box 7139
Corpus Christi, TX 78467
(361) 884 -4321
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 22. List of Officers.
(A) Lessee must submit its current List of Officers (List) to the Director within
ten (10) days of commencement of this Lease. Further, Lessee, on the
subsequent yearly anniversary dates of this Lease, must submit its current
List to the Director. Failure to submit a current List, either within ten (10)
days of commencement or annually as required by this section, shall
constitute grounds for termination of this Lease.
(B) The List must contain each person's title, name, address, home phone,
and office or fax phone, if applicable.
Section 23. - Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play kickball each year during the term of this Lease.
The reports must be submitted to the Director by August 31St of each lease year.
Section 24, Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the -Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
City for loss of use of the Premises and/or Improvements. The City has no
obligation to provide an alternate location for Lessee during the improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
—130— 7
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 25. Amendments. No alterations, changes, or modifications of the terms of
this Lease nor the waiver of any provision will be valid unless made in writing and signed
by a person authorized to sign agreements on behalf of each party.
Section 26. Waiver.
(A) The failure of either party to complain of any act or omission on the part of
the other party, no matter how long the same may continue, will not be
deemed a waiver by said party of any of its rights hereunder.
(B) No waiver of any covenant or condition or of the breach of any covenant or
condition of this Lease by either party at any time, express or implied, shall
be taken to constitute a waiver of any subsequent breach of the covenant
or condition nor shall justify or authorize the nonobservance on any other
occasion of the same or any other covenant or condition hereof.
(C) If any action by the Lessee requires the consent or approval of the City on
one occasion, any consent or approval given on said occasion will not be
deemed a consent or approval of the same or any other action at any other
occasion.
(ID) Any waiver or indulgence of Lessee's default of any provision of this Lease
shall not be considered an estoppel against the City. It is expressly under-
stood that, if at any time Lessee is in default in any of its conditions or
covenants hereunder, the failure on the part of City to promptly avail itself
of said rights and remedies which the City may have will not be considered
a waiver on the part of the City, but the City may at any time avail itself of
said rights or remedies or elect to terminate this Lease on account of said
default.
—131—
8
Section 27. Force Maieure. No party to this Lease will be liable for failures or delays in
performance due to any cause beyond their control including, without limitation, any
failures or delays in performance caused by strikes, lock outs, fires, acts of God or the
public enemy, common carrier, severe inclement weather, riots or interference by civil or
military authorities. The rights and obligations of the parties will be temporarily sus-
pended during this period to the extent performance is reasonably affected.
Section 28. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, transferred, or sublet directly or indirectly without the prior written consent of
the City.
Section 29. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by, the City Charter.
Section 30. Captions. The captions in this Lease are for convenience only, are not a
part of this Lease, and do not in any way limit or amplify the terms and provisions of this
Lease.
Section 31. Severabiiity.
A. If, for any reason, any section, paragraph, subdivision, clause, provision,
phrase, or word of this Lease or the application hereof to any person or
circumstance is, to any extent, held illegal, invalid, or unenforceable un-
der present or future law or by a final judgment of a court of competent
jurisdiction, then the remainder of this Lease, or the application of said
term or provision to .persons or circumstances other than those as to which
it is held illegal, invalid, or unenforceable, will not be affected thereby, for it
is the definite intent of the parties to this Lease that every section, para-
graph, subdivision, clause, provision, phrase, or word hereof be given full
force and effect for its purpose.
B. To the extent that any clause or provision is held illegal, invalid, or unen-
forceable under present or future law effective during the term of this
Lease, then the remainder of this Lease is not affected thereby, and in lieu
of each such illegal, invalid, or unenforceable clause or provision, a clause
or provision, as similar in terms to such illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Lease automatically.
Section 32. Sportsmanship Program. Lessee shall require that all of its coaches and
at least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
Section 33. Complaint Notice. Lessee will post a notice at Premises, in a form
approved by the Parks Director, that if any participant or spectator has any complaints
or concerns they may contact the City at 880 -3461 and talk to the Parks Director, or
designee.
Section 34. Entirety Clause. This Lease and the attached and incorporated exhibits
—132—
9
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
and covenants governing each party's performance hereunder and as relating to Les-
see's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of , 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary George K. Noe, City Manager
Approved as to legal form:
By:
Lisa Aguilar, Ae istant City Attorney
For City Attorney
STATE OF TEXAS
CORPUS RISTI JNIrD LITTLE MISS KICKBALL , INC.
By:
President /
Printed Name: / i O. �j�.) ;,)01
Date: 2c j
COUNTY OF NUECES '
This instrument was acknowledged before me onj , 2008, by
Brian Baldwin, President of Corpus C ris i Urai le Miss Kickball, inc. behalf of said
corporation.
01 be, DONNA 9 DELEON
cn, Notary Public
y y STATE OF TEXAS
+Pror.f..` My Comm. Exp. 08- 11-2008
Notary Public, State of Texas
Printed name:
Commission expires: 1 l` 1 200
—133— 10
PADRE YOUTH SOCCER
EXHIBIT A
143'13'
POINT OF 64.14
OCIAENCIDENT
FOLIC SFr IRON FEE
SURINOS AR! WITH REFEREPEE 70
SURVEY OF 'ROOD SURVEYED Y I4 PQIO OLIV�EIRA
A TIUST 1079 AND FILED AS CITY
RIC#•ff- CF-WAY 14•P *087.
1. RasesII O. Dots. RaIlstersd P 1.w.1 Laud
Survarar, hereby tart!fy- that tits f Int; nap
was prepared treat a surrey 7waii�j ea Mr
w ider my direetiea. TkI. tie ,+Tll1 day 01
F li wA.f . 2102
62 .,4,tAY, Q.GL ,..
Raseell L. Oeis
S tate of Teats Lk. 5.141
BEING 18.979 ACRES OF LAND OUT OF THAT CERTAIN
13622 ACRE TRACT. CONVEYED TO THE CITY OF CORPUS
CHISTI, TEXAS, COMMONLY KNOWN AS BILL WITT
PARK AND DESCRIBED IN DEED RECORDED IN VOLUME
1709, PAGE -95 OF THE DEED RECORDS OF NUECES
COUNTY, TEXAS. AND BEING OUT OF SECTION 21 OF THE
FLOUR BLUFF AND ENCINAL FARM 8 GARDEN TRACTS.
RECORDED IN �VO�LUUMEI��A.. COUNTY. 41 -43 OF THE 1 t
dEcCRDS C NIV,r CE►S COUN . i . TEXAS.
CORPUS CHRISTI UNITED
LITTLE MISS KICKBALL
LEASE OUT OF
BILL WITT PARK
DeDart4sflt of Br+mrwer1na e.rvio.e
Survey Activity
Date: t-3-02 Pepe ,ti of
CITY OF
CORPUS CHRIST
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non- renewal,
material change or termination is required on all
certificates.
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the
words, "endeavor to ", and deleting the wording after "left ". ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations ".
• At a minimum, a 30-day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
CC United Little Miss Kickball ins. req.
6 -29 -07 ep Risk Management
135-
11
ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE YEAR
LEASE AGREEMENT WITH CORPUS CHRISTI UNITED LITTLE MISS KICKBALL, INC.
( "CCULMK ") A NON - PROFIT CORPORATION, FOR THE USE OF BILL WITT PARK FOR
ITS KICKBALL PROGRAM IN CONSIDERATION OF CCULMK MAINTAINING . THE
PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is authorized to execute a five year lease
agreement with Corpus Christi United Little Miss Kickball, Inc., a non - profit corporation, for the use of
Bill Witt Park for its kickball program, in consideration of Corpus Christi United Little Miss Kickball, Inc.
maintaining the premises and improvements. A copy of the Agreement is on file with the City
Secretary.
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
2008.
ATTEST:
Armando Chapa
City Secretary
Approved: May 28, 2008
By:
Lisa Aguilar, Ass' nt City Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
—1 3 6—
Corpus Christi, Texas
Day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 24, 2008
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a
five year lease agreement with Great Western Soccer League, a non - profit organization,
for the use of Terry and Bobby Labonte Park for its soccer program in consideration of
Great Western Soccer League maintaining the premises and improvements; providing for
severance; and providing for publication; and declaring an emergency.
ISSUE: Great Western Soccer League has requested a five year lease agreement.
REQUIRED COUNCIL ACTION: The City Council must approve all leases.
PREVIOUS COUNCIL ACTION: The City Council previously approved a five -year lease
with Great Western Soccer League.
FUNDING: No funding involved.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
approve the amendment to the lease with Great Western Soccer League for the use of
Terry and Bobby Labonte Park.
ally Ga , 1 irect
Parks a 'd Recreation Department
Attachments: Background Information
Map
BACKGROUND INFORMATION
Great Western Soccer League has been using the fields at Terry and Bobby Labonte Park
for youth soccer programs since February 1997. They entered into a five -year lease in
November 2001. The lease was amended in March 2004 to expand the leased area.
EXHIBIT A
KEY
reamer'
• LEASE AREA
$11111111111
111111111101:
01111AWNII
All.1111108111 •
°Mlle MEN 'MI6
co of PINI•1111OT
IA 1111411•TI •
Puiddlutisuon Demean Ai
LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND
GREAT WESTERN SOCCER LEAGUE
This lease agreement ( "Lease ") is entered into by and between the City of
Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly
authorized City Manager or designee ("City Manager "), and Great Western Soccer
League ( "Lessee "), a non - profit organization, and affiliated member of the Coastal
Bend Youth Soccer League, acting through President of Lessee.
WHEREAS, the City owns Terry and Bobby Labonte Park, Corpus Christi,
Nueces County, Texas, a portion of which will be known as the "Premises ";
WHEREAS, the Lessee desires to use the Premises for its soccer program; and
WHEREAS, the City desires to allow Lessee to use the Premises for its soccer
program.
NOW, THEREFORE, the City and Lessee, in consideration of the mutual prom-
ises and covenants herein, agree as follows:
Section 1. Term. Subject to the remaining terms and conditions hereof, the original
term of this Lease is five (5) years, beginning on the day of City Council approval which
is , 2008, unless sooner terminated as set out herein.
Section 2. Contact PersonlLease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or her designee
( "Director ").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit A, which is attached hereto and incorporated
herein this Agreement by reference, and all improvements to the Premises
( "Improvements ") including, without limitation, the fields, fences, irrigation systems,
and the grassed areas.
Section 4. Consideration. Lessee must operate a soccer program and must maintain
the Premises and all Improvements on a year -round basis in accordance with all
maintenance rules, with respect to this Lease, set out by the City Manager or his
designee in effect now and as .promulgated in the future. Failure to maintain the
Premises and all Improvements in accordance with these rules constitutes grounds for
termination of this Lease. At a minimum, maintenance includes:
(A) Lessee-shall pick up and properly dispose of litter on a daily basis whenever
the Premises are being used and weekly during the rest of the year;
(B) Lessee shall keep fully operational and in good repair the soccer fields,
irrigation systems and fair weather parking area, which is located on the
Premises;
(C) Lessee must immediately report any vandalism to the Director, or his
designee, and the Corpus Christi Police Department, Nueces County,
—144—
1
(D)
Texas;
Lessee shall keep the fair weather parking area and access roads free of
debris, properly designated, and free of potholes in accordance with
standards issued by the Director that are in force now and as promulgated
in the future. Lessee must repair potholes within ten (10) days after the
need for repair is or should have been discovered;
(E) Lessee shall ensure that parking is confined to designated areas;
(F) Lessee shall provide normal, scheduled mowing of the Premises. Lessee
will be responsible for maintaining the soccer fields as set out in Section 4
herein. Furthermore, Lessee shall be responsible for maintaining the grass
in the adjacent viewing /access areas at a safe height not to exceed six (6)
inches;
(G) Lessee shall maintain the soccer fields within the Premises boundary lines.
Grass on the soccer fields must not exceed three (3) inches. At least one
month prior to the start of any season or pre - season practice, the soccer
fields must be gradually cut shorter and brought into playing condition.
Failure to keep the grass on the soccer fields at or below three (3) inches in
height or to properly bring the soccer fields back to playing condition will be
grounds for termination of this Lease.
(G) Lessee shall maintain a secure anchoring system on all soccer goal posts
used on the soccer fields at Premises. Lessee must repair any deficiency
found in the anchoring system that impairs the anchoring system's safe use
within forty -eight (48) hours after the need for repair is or should have been
discovered.
Section 5. SecuringlAnchorinq of Goal Posts. Lessee shall submit a plan, within 30
days of City Council approval of this Lease, to Director for approval, approval of which
will not be unreasonably withheld, that details the method of securing and anchoring the
soccer goal posts for each of the soccer fields to be used by Lessee at the Premises for
the term of this Lease. Director shall notify Lessee of approval or denial of the
securing /anchoring method submitted within ten (10) days of submission of same. If
denied, Director and Lessee shall cooperatively work together to design and implement
a secure anchoring system necessary for the safety of soccer participants and
spectators.
Lessee acknowledges and covenants that Lessee shall be responsible, during
the-term of #his Lease, for maintaining the approved anchoring system, as set out in
Section 4H herein. Any change, alteration, or modification to the approved anchoring
system during the term of this Lease must be submitted to Director, in writing, prior to
the change, alteration, or modification being made.
Section 6. Understanding. Lessee acknowledges and understands that use of
Premises is expressly conditioned on the understanding that the Premises and all
Improvements must be returned in as good a condition as received, reasonable use
and wear, acts of God, fire and flood damage or destruction, where Lessee is without
fault, excepted.
Lessee acknowledges and understands that Premises is subject to flooding from
rainstorms and from rising water in the Nueces River. Should flooding of Premises
occur at any time during the term of this Lease, Lessee agrees that Lessee shall have
no action for damages against nor will be compensated by City for Toss of use of the
Premises and/or Improvements due to flooding. Lessee acknowledges and
understands that City has no obligation to provide an alternate location for Lessee
during any flooded period. Lessee's term will not change nor increase if Lessee is
unable to use Premises as set out herein.
Section 7. Joint Use.
(A) City retains joint use of the Premises and Improvements during the term of
this Lease, subject to Lessee's right to exclusive control of the Premises
during its use for soccer program purposes. Lessee must not deny access
to nor use of the Premises to the general public for unorganized activities
when the Premises are not being used for soccer purposes by Lessee.
Requests for scheduled organized activities by other organizations will be
reviewed for approval or denial by the Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and/or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and/or any improvements from installing,
maintaining, repairing, or removing the utility lines and /or easements. City
must use reasonable judgment in locating the utility lines and /or easements
to minimize damage to the Premises and /or its Improvements.
Section 8. Primary Purpose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a soccer program and for no other
purpose without the Director's prior written approval.
Section 9. Additions or Alterations.
(A) Lessee shall not make any additions nor alterations to the Premises nor to
any Improvements without Director's prior written approval. If approved,
Lessee must.obtain clearance, in writing, from City's Risk Management
Department (Risk Management) that the proposed addition or alteration will
be covered under the insurance policy in force during the term of this Lease
before proceeding with any type of addition or alteration to the Premises or
to the Improvements.
(B) All additions or alterations must be made at Lessee's expense. All additions
or alterations installed by Lessee must be repaired or replaced at Lessee's
expense and may be removed by Lessee at the expiration or termination of
the Lease if they may be removed without damaging the Premises or any
-146-
3
Improvements. All additions or alterations made by Lessee which are not
removed at the expiration or termination of this Lease become the property
of City without necessity of any legal action.
Section 10. Utilities. Lessee must pay for all utilities used by it or for any activity
sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay
any utility bill on or before the due date is grounds for termination of this Lease.
Section 11. Signs.
(A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs,
advertisements, notices, or other lettering (Signs) on the Premises or on any
Improvements without the Director's prior written approval.
(B) If Signs are approved, the Director, in writing, may require Lessee to
remove, repair, or repaint any Signs. If the Signs are not removed, repaired,
or repainted within ten (10) days of the Director's written demand, the City
may do or cause the work to be done, and Lessee must pay the City's costs
within thirty (30) days of receipt of Director's invoice. Failure to pay the
City's costs within thirty (30) days of receipt of the invoice constitutes
grounds for termination of this Lease. Alternatively, the City may elect to
terminate this Lease after ten (10) days written notice to Lessee.
Section 12. Advertising. The Director has the right to prohibit any advertising by Les-
see which impairs the reputation of the Premises or the City.
Section 13. Security. Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 14. Inspection. The City Manager and the Director, or their respective
designee, has the right to inspect the Premises and/or the Improvements at any time
during the term of this Lease. If an inspection reveals that maintenance is not. being
properly carried out, the Director, or his designee, may provide written notice to Lessee
demanding compliance. If Lessee has not complied within five (5) days after receipt of
the demand, the City may undertake the work and Lessee shall pay the City's cost plus
ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice.
Failure to pay the :City's invoice for maintenance within thirty (30) days of receipt of the
invoice constitutes grounds for termination of this Lease. Alternatively, the City may
elect to terminate this Lease after ten (10) days written notice to Lessee.
Section 1.5. Non: Discrimination. Lessee shall not discriminate nor permit
discrimination against any person or group of persons, as to employment and in the
provision of services, activities, and programs, on the grounds of race, religion, national
origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws
of the United States or the State of Texas. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 16. Compliance with Laws.
-147-
4
(A) Lessee must comply with all Federal, State, and local government laws,
rules, regulations, and ordinances, which may be applicable to its operation
at the Premises and its performance under this Lease. This Lease is also
subject to applicable provisions of the City Charter.
(B) All actions brought to enforce compliance with any law or to enforce any
provision of this Lease will be brought in Nueces County where this Lease
was executed and will be performed.
Section 17. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 18. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
Indemnitors) covenant to fully indemnify, save, and hold
harmless the City, its officers, employees, representatives, and
agents (collectively, Indemnitees) from and against all claims,
demands, actions, damages, losses, costs, liabilities, expenses,
and judgments asserted against or recovered from City on
account of injury or damage to person including, without
limitation on the foregoing, premises defects, workers
compensation and death claims), or property loss or damage of
any kind whatsoever, to the extent any damage or injury may be
incident to, arise out of, be caused by, or be in any way
connected with, either proximately or remotely, wholly or in part ,
(1) the existence, use, operation, maintenance, alteration, or
repair of Premises and the Great Western Soccer League Soccer
program; (2) the exercise of rights under this Lease; (3) an act or
omission, negligence, or misconduct on the part of Indemnitees
or any of them or other persons having involvement in,
participation with, or business with the Premises, Lessee, or the
Great Western Soccer League program whether authorized with
the express or implied invitation or permission of Lessee
(collectively, Lessee's Invitees) entering upon the Premises or its
Improvements pursuant to this Lease, or trespassers entering
upon the Premises or its Improvements during Lessee's use or
physical occupation of the Premises; or (4) due to any of the
—148—
5
hazards associated with sporting events, training, or practice as a
spectator or participant including, but not limited to, any injury or
damage resulting, wholly or in part, proximately or remotely, from
the violation by lndemnitees or any them of any law, rule,
regulation, ordinance, or government order of any kind; and
including any injury or damage in any other way and including all
expenses arising from litigation, court costs, and attorneys fees,
which arise, or are claimed to arise from, out of, or in connection
with the asserted or recovered incident. The terms of this
indemnification are effective regardless of whether such injuries,
death, or damages are caused, or are claimed to be caused, by
the concurrent, contributing, or sole negligence of lndemnitees or
any of them.
Lessee covenants and agrees that if City is made a party to
any litigation against Lessee or in any litigation commenced by
any party, other than Lessee relating to this Lease, Lessee shall,
upon receipt of reasonable notice regarding commencement of
litigation, at its own expense, investigate all claims and demands,
attend to their settlement or other disposition, defend City in all
actions based thereon with counsel satisfactory to lndemnitees,
and pay all charges of attorneys and all other costs and expenses
of any kind arising from any said liability, damage, loss, demand,
claim, or action.
Section 19. Insurance.
(A) Lessee must secure and maintain at Lessee's expense, durino the term of
this Lease, a Commercial General Liability insurance policy with the limits
and requirements shown on Exhibit B, which is attached hereto and
incorporated herein by reference. Failure to maintain such insurance at the
limits and requirements shown on Exhibit B constitutes grounds for
termination of this Lease.
•
(B) Lessee must provide goof, by Certificate of Insurance meeting the limits and
requirements set out in Exhibit B ", to the Director and Risk Management
prior to commencing use of the Premises under this Lease.
(C) Lessee must provide the Director and Risk Management thirty (30) days
written notice of cancellation, intent not to renew, or material change of any
insurance coverages required herein.
(D) Lessee shall, during the term of this Lease, provide copies of all insurance
policies to the City Manager or the Director upon written request.
«, Lessee shall, prior to any addition or alteration to the Premises or to the
Improvements, obtain clearance, in writing, from Risk Management, as per
Section 8 as set out herein this Lease.
Section 20. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during thee er this Lease.
Section 21. Termination.
(A) The City may immediately terminate this Lease if the City determines, in its
sole discretion, that Lessee is no longer fulfilling the primary purpose of the
Lease as set out in Section 8.
(B) In addition, the City may immediately terminate this Lease if it determines, in
its sole discretion, that Lessee is in violation of any Federal, State, or local
government law, rule, regulation, or ordinance.
(C }Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or begin
curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not
in compliance or in substantial compliance with each provision identified by the
Director within ten (10) days of receiving said notice, the City Manager may
terminate this Lease for cause by providing written notice of termination and
listing one or more areas of continued noncompliance.
(D) Either City or Lessee may terminate this Lease without cause by giving thirty
(30) clays written notice to the non - terminating party.
Section 22. Notice. All notices, demands, requests, or replies provided for or
permitted, under this Lease, by either party must be in writing and must be delivered by
one of the following methods: (1) by personal delivery; (2) by deposit with the United
States. Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid telegram; or, (4) by deposit with an overnight express delivery
service, for which service has been prepaid. Notice deposited with the United States
Postal Service in the manner described above will be deemed effective two (2) business
days after deposit with the United States Postal Service. Notice by telegram or
overnight express delivery service will be deemed effective one (1) business day after
transmission to the telegraph company or overnight express carrier. All such
communications must only be made to the following:
IF TO CITY:
City of Corpus Christi
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christi, TX 78469 -9277
(361) 880 -3461
IF TO LESSEE:
Great Western Soccer League
10 Attn: President 3k 2-LE cm
Corpus Christi, TX
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 23. List of Officers.
—150—
7
(B) In addition, the City may immediately terminate this Lease if it determines, in
its sole discretion, that Lessee is in violation of any Federal, State, or local
government law, rule, regulation, or ordinance.
(C )Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or begin
curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not
in compliance or in substantial compliance with each provision identified by the
Director within ten (10) days of receiving said notice, the City Manager may
terminate this Lease for cause by providing written notice of termination and
listing one or more areas of continued noncompliance.
(D) Either City or Lessee may terminate this Lease without cause by giving thirty
(30) days written notice to the non - terminating party.
Section 22. Notice. All notices, demands, requests, or replies provided for or
permitted, under this Lease, by either party must be in writing and must be delivered by
one of the following methods: (1) by personal delivery; (2) by deposit with the United
States Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid telegram; or, (4) by deposit with an overnight express delivery
service, for which service has been prepaid. Notice deposited with the United States
Postal Service in the manner described above will be deemed effective two (2) business
days after deposit with the United States Postal Service. Notice by telegram or
overnight express delivery service will be deemed effective one (1) business day after
transmission to the telegraph company or overnight express carrier. All such
communications must only be made to the following:
IF TO CITY:
City of Corpus Christi
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christi, TX 78469 -9277
(361) 880 -3461
IF TO LESSEE:
Great Western Soccer League
Attn: President
e -P D'e)ok 2-1-elAct 1
Corpus Christi, TX ii42-(
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 23. List of Officers.
(A) Lessee must submit its current List of Officers (List) to the Director within
ten (10) days of commencement of this Lease. Further, Lessee, on the
subsequent yearly anniversary dates of this Lease, must submit its current
List to the Director. Failure to submit a current List, either within ten (10)
days of commencement or annually as required by this section, shall
constitute grounds for termination of this Lease.
(B) The List must contain each person's title, name, address, home phone,
and office or fax phone, if applicable.
Section 24. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play soccer each year during the term of this Lease. The
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8
reports must be submitted to the Director by August 31st of each lease year.
Section 25. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
City for Toss of use of the Premises and/or Improvements. The City has no
obligation to provide an alternate location for Lessee during the improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 26. Amendments. No alterations, changes, or modifications of the terms of
this Lease nor the waiver of any provision will be valid unless made in writing and signed
by a person authorized to sign agreements on behalf of each party.
Section 27. Waiver.
(A) The failure of either party to complain of any act or omission on the part of
the other party, no matter how long the same may continue, will not be
deemed a waiver by said party of any of its rights hereunder.
(B) No waiver of any covenant or condition or of the breach of any covenant or
condition of this Lease by either party at any time, express or implied, shall
be taken to constitute a waiver of any subsequent breach of the covenant
or condition nor shall justify or authorize the nonobservance on any other
occasion of the same or any other covenant or condition hereof.
(C) If any action by the Lessee requires the consent or approval of the City on
one occasion, any consent or approval given on said occasion will not be
deemed a consent or approval of the same or any other action at any other
occasion.
(D) Any waiver or indulgence of Lessee's default of any provision of this Lease
shall not .be considered an estoppel against the City. It is expressly under-
stood that, if at any time Lessee is in default in any of its conditions or
covenants hereunder, the failure on the part of City to promptly avail itself
of said rights and remedies which the City may have will not be considered
a waiver on the part of the City, but the City may at any time avail itself of
said rights or remedies or elect to terminate this Lease on account of said
default.
Section 28. Force Maieure. No party to this Lease will be liable for failures or delays in
performance due to any cause beyond their control including, without limitation, any
failures or delays in performance caused by strikes, lock outs, fires, acts of God or the
public enemy, common carrier, severe inclement weather, riots or interference by civil or
—152—
9
military authorities. The rights and obligations of the parties will be temporarily sus-
pended during this period to the extent performance is reasonably affected.
Section 29. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, transferred, or sublet directly or indirectly without the prior written consent of
the City.
Section 30. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 31. Captions. The captions in this Lease are for convenience only, are not a
part of this Lease, and do not in any way limit or amplify the terms and provisions of this
Lease.
Section 32. Severability.
A. If, for any reason, any section, paragraph, subdivision, clause, provision,
phrase, or word of this Lease or the application hereof to any person or
circumstance is, to any extent, held illegal, invalid, or unenforceable un-
der present or future law or by a final judgment of a court of competent
jurisdiction, then the remainder of this Lease, or the application of said
term or provision to persons or circumstances other than those as to which
it is held illegal, invalid, or unenforceable, will not be affected thereby, for it
is the definite intent of the parties to this Lease that every section, para-
graph, subdivision, clause, provision, phrase, or word hereof be given full
force and effect for its purpose.
B. To the extent that any clause or provision is held illegal, invalid, or unen-
forceable under present or future law effective during the term of this
Lease, then the remainder of this Lease is not affected thereby, and in lieu
of each such illegal, invalid, or unenforceable clause or provision, a clause
or provision, as similar in terms to such illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Lease automatically.
Section 33. Complaint Notice. Lessee will post a notice at Premises, in a form
approved by the Parks _Director, that if any participant or spectator has any complaints
or concerns they may contact the City at 880 -3461 and talk to the Parks Director, or
designee.
Section 34. Sportsmanship Program. Lessee shall require that all of its coaches and
at least one family member of each youth participant shall take a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
Section 35. Entirety Clause. This Lease and the attached and incorporated exhibits
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
-153-
10
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
and covenants governing each party's performance hereunder and as relating to Les-
see's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of , 2008.
ATTEST:
Armando Chapa, City Secretary
CITY OF CORPUS CHRISTI
George K. Noe, City Manager
Approved as to I - gal form 4- f 2 2008
By:
Lisa Aguila ssistant City Attorney
For City Attorney
GREAT WESTERN SOCCER LEAGUE
By: kt1
President
Printed Name:
Date: (.0 —6 -OQ
STATE OF TEXAS
COUNTY OF NUECES
This instru ent was acknowledged
14U1r) , Pre
said organizatio .
A -A A A w A A A 41.6.- -••••
*r•N .DONNA 1 DELEON >
Notary Public
STATE OF TEXAS
4 -^9e,' tow wain. Exp, 08- 11.2008
efore me on j �,v , 2008, by
id‘nt of Gr -t Western Soccer League, on behalf of
1
Notary Public, ate of Texas
Printed name:
Commission expires:
-154-
zoot
11
EXHIBIT A
KEY
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4 4
11 aim moll
i4OSMIUM t
1110141111,18
• AIIMPUIVIIIIII •
CAM NW •462.
(I NO.
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Park 6, Rectum Demos= A
EXHIBIT B
INSURANCE REQUIREMENTS
1. LESSEE'S LIABILITY INSURANCE
A. The Lessee must not commence work under this agreement until insurance required herein has been obtained and
such insurance has been approved by the City. The Lessee must not allow any subcontractor to commence work
until all similar insurance required of the subcontractor has been obtained.
B. The Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with the City named
as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing
the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day Written Notice of Cancellation is required on
all certificates
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
1. Commercial Form
2. Premises - Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
61,000,000 COMBINED SINGLE LIMIT
C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports of such
accidents at the same time that the reports are forwarded to any other interested parties.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation on all applicable policies.
* If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be" and canceled ", and deleting the
words, "endeavor to ", and deleting the wording after "left". In the alternative, a copy of a policy
endorsement reflecting the required cancellation language is required.
* The name ofthe project must be listed under "Description of Operations ".
" At a minimum, a 30- day written notice of termination, non renewal, material change or cancellation is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.B. (1) -(7) are included or excluded.
Great Western Soccer Lease agreement insurance requirements
9 -10 -07 ep Risk Management END
-156-
12
ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE YEAR
LEASE AGREEMENT WITH GREAT WESTERN SOCCER LEAGUE, A NON - PROFIT
ORGANIZATION, FOR THE USE OF TERRY AND BOBBY LABONTE PARK FOR ITS
SOCCER PROGRAM IN CONSIDERATION OF GREAT WESTERN SOCCER LEAGUE
MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is authorized to execute a five year lease
agreement with Great Western Soccer League, a non - profit organization, for the use of Terry and
Bobby Labonte Park for its soccer program, in consideration of Great Western Soccer League
maintaining the premises and improvements. A copy of the Agreement is on file with the City
Secretary.
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
2008.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: May 19, 2008
By: d.1/1".
Lisa Aguilar, A istant City Attorney
for City Attorney
Henry Garrett
Mayor
Corpus Christi, Texas
Day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Ilwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 24, 2008
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a
five year lease agreement with South Texas Association for Radio Controlled Automobile
Racing, Inc. ( "STARCAR ") for the use of Bill Witt Park in consideration of STARCAR
maintaining the premises and improvements; providing for severance; providing for
publication, and declaring an emergency.
ISSUE: South Texas Association for Radio Controlled Automobile Racing requested a five
year lease agreement.
REQUIRED COUNCIL ACTION: The City Council must approve all leases.
PREVIOUS COUNCIL ACTION:
FUNDING: No funding involved.
CONCLUSION AND RECOMMENDATION: Staff recommends the City Council approve
the lease with South Texas Association for Radio Controlled Automobile Racing for the use
of Bill Witt Park designated as Tract "A" for its Radio Controlled Automobile Racing
program.
lik, 1 rector
Parks a ,rd Recreation Department
Attachments: Background Information
Map
BACKGROUND INFORMATION
South Texas Association for Radio Controlled Automobile Racing has been using the fields
at Bill Witt Park designated as Tract "A" for its Radio Controlled Automobile Racing
program since June 2004. One year leases have been issued for 2005, 2006, and 2007.
a SET 5/8' IRON ROD WITH
PIASRC GIP STAMPED
1:DY OF CORPUS CHRISM TX'
BILL WITT PARK
BEARINGS ARE WITH REFERENCE TO PLAT OF
1MARRON CROSSING. UNIT 4, AS RECORDED
IN VOLUME 59, PAGE 64, MAP RECORDS OF
NUECES COUNTY. TEXAS.
STATE OF TEXAS
COUNTY OF MUTES
I. RUSSELL D. OCHS, REGISTERED PROFESSIONAL. LAND SURVEYOR
OF -THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS MAP WAS
PREPARED FROM AN ACTUAL FIELD SURVEY MADE ON THE GROUND
UNDER MY DIRECTION AND 15 TRUE AND
DAY CORRECT AY THE CST
OF MY KNOWLEDGE. THIS THE -
RUSSELL D. OCHS R.P.L.S.
TEXAS REGISTRATION NO. 5241
ABBREVL4TIONS
SO. FT. v SOUARE FEET
CL- CENTERLINE
AMP RECORDS OF
NUECES COUNTY, TEXAS
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C64166CM CROSS61C MIT S
VOL S9. PC. 46
M.R.M.C.T.
0.
BILL WITT PARK — STARCAR LEASE
OWNER: CITY OF CORPUS CHRISTI
BEING A 3.04 ACRE (132.557.7 SO. FT.) TRACT OF LAND, OUT OF
A 136.22 ACRE TRACT. CONVEYED TO THE CITY OF CORPUS CHRISTI.
IN DEED RECORDED IN VOLUME 1709. PAGE 95. OF THE DEED
RECORDS OF NUECES COUNTY, TEXAS. AND PART OF SECTION 21.
FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS. AS RECORDED IN
VOLUME A, PAGES 41.43, MAP RECORDS OF NUECES COUNTY, TEXAS.
1v
O� i POINT
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U. 56. PR 64
A/.R.*C.T.
Scale In Feet
100 4,0
CITY of CORPUS CHRISTI, TEXAS
Department of Engineering Services
Survey Division
Date: 04 -05 -04
Drown By: R. COFFEEN
Checked By R. OCHS
Project: 95009-PARKS & RECREATION
ne:/PROJECTS\95009\BILL.W77T\E H.0W0
.SHEET 7 OF J
LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND
SOUTH TEXAS ASSOCIATION FOR RADIO CONTROLLED AUTOMOBILE RACING, INC.
This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi,
a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager
or designee ( "City Manager "), and South Texas Association for Radio Controlled Automobile
Racing, Inc. "Lessee "), a non - profit corporation, acting through its duly authorized President of
Lessee.
NOW, THEREFORE, the City and Lessee, in consideration of the mutual prom-
ises and covenants herein, agree as follows:
Section 'I. Term. Subject to the remaining terms and conditions hereof, the original term of this
Lease is five (5) years, beginning on the day of City Council approval which is
, 2008, unless sooner terminated as set out herein.
Section 2. Contact PersonlLease Administrator. For this Lease, the City's contact person
and lease administrator is the Director of Park and Recreation or her designee ( "Director ").
Section 3. Premises and Improvements. City leases to Lessee a tract or parcel of land in Bill
Witt Park, described on the metes and' bounds description on the attached Exhibit A, which is
attached hereto and incorporated herein this Agreement by reference, and all improvements to
the Premises ( "improvements ").
Section 4. Consideration. Lessee must maintain and operate a public radio controlled race
track on the Premises. Lessee must maintain the Premises and all Improvements . on a year -
round basis in accordance with all maintenance rules, with respect to this Lease, set out by the
City Manager or his designee in effect now and as promulgated in the future. Failure to maintain
the Premises and all Improvements in accordance with these rules constitutes grounds for
termination of this Lease. At a minimum, maintenance includes:
(A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the
Premises are being used and weekly during the rest of the year; •
(B) Lessee shall keep the Premises (including buildings and fences, permanent or
temporary) fully operational and in good repair;
(C) Lessee shall be responsible for maintaining the grass at a safe height, not to exceed
six (6) inches;
(D) Lessee shall erect a six -foot wooden fence between the Premises and adjacent
subdivision; Lessee shall not direct any lighting towards the adjacent subdivision;
(E) Lessee must immediately report any vandalism to the Director, or her designee, and
the Corpus Christi Police Department, Nueces County, Texas;
(F) Lessee must keep any parking areas and access roads free of debris, properly
designated, and free of potholes in accordance with standards issued by the Parks
Director. Lessee must repair potholes using the appropriate material, concrete or asphalt,
within ten (10) working days after the need for repair is or should have been discovered.
(G) Lessee must ensure that parking and racing activities are confined to designated
areas during regular park hours and end all activities before park curfew; and
—164—
1
(H) Lessee must promote its activities.
Section 5. Understanding. Lessee acknowledges and understands that use of Premises is
expressly conditioned on the understanding that the Premises and all Improvements must be
returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood
damage or destruction, where Lessee is without fault, excepted.
Section 6. Joint Use.
(A) City retains joint use of the Premises and Improvements during the term of this
Lease, subject to Lessee's right to exclusive control of the Premises during its use
for program purposes. Lessee must not deny access to nor use of the Premises to
the general public for unorganized activities when the Premises are not being used
by Lessee. Requests for scheduled organized activities by other organizations will
be reviewed for approval or denial by the Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and/or easements.
City may exercise these rights without compensation to Lessee for damages to the
Premises and /or any Improvements from installing, maintaining, repairing, or
removing the utility lines and/or easements. City must use reasonable judgment in
locating the utility lines and/or easements to minimize damage to the Premises
and /or its Improvements.
Section 7. 'Primary Purpose. Lessee will provide a means of friendly association and
competition to the public interested in radio controlled automobile racing. Lessee must establish
and maintain a publicly accessible Radio Controlled Automobile Racing track for persons
interested in Radio Controlled Automobile Racing Program, and for no other purpose without the
Director's prior written approval.
Section 8. Additions or Alterations.
(A) Lessee shall not make any additions nor alterations to the Premises nor to any
Improvements without Director's prior written approval. If approved, Lessee must
obtain clearance, in writing, from City's Risk Management Department (Risk
Management) that the proposed addition or alteration will be covered under the
insurance policy in force during the term of this Lease before proceeding with any
type of addition or alteration to the Premises or to the Improvements.
All additions or alterations must be made at Lessee's expense. All additions or
alterations installed by Lessee must be repaired or replaced at Lessee's expense
and may be removed by Lessee at the expiration or termination of the Lease if they
may be removed without damaging the Premises or any Improvements. All
additions or alterations made by Lessee which are not removed at the expiration or
termination of this Lease become the property of City without necessity of any legal
action.
(B)
Section 9. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by
Lessee on the Premises on or before the due date for payment. Failure to pay any utility bill on or
before the due date is grounds for termination of this Lease.
Section 10. Signs.
(A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements,
—1 6 5—
2
notices, or other lettering (Signs) an the Premises or on any Improvements without
the Director's prior written approval.
(B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair,
or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten
(10) days of the Director's written demand, the City may do or cause the work to be
done, and Lessee must pay the City's costs within thirty (30) days of receipt of
Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of
the invoice constitutes grounds for termination of this Lease. Alternatively, the City
may elect to terminate this Lease after ten (10) days written notice to Lessee.
Section 11. Advertising. The Director has the right to prohibit any advertising by Lessee which
impairs the reputation of the Premises or the City.
Section 12. Security. Lessee shall contract and pay for any and all security it requires at the
Premises during the term of this Lease.
Section 13. Inspection. The City Manager and the Director, or their respective designee, has
the right to inspect the Premises and/or the Improvements at any time during the term of this
Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or
his designee, may provide written notice to Lessee demanding compliance. If Lessee has not
complied within five (5) days after receipt of the demand, the City may undertake the work and
Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt
of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of
receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may
elect to terminate this Lease after ten (10) days written notice to Lessee.
Section 14. Non - Discrimination. Lessee shall not discriminate nor permit discrimination
against any person or group of persons, as to employment and in the provision of services,
activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental
disability, or age, or in any manner prohibited by the laws of the United States or the State of
Texas. The City Manager, or his designee, retains the right to take such action as the United
States may direct to enforce this non - discrimination covenant.
Section 15. Compliance with Laws.
(A) Lessee must comply with all Federal, State, and local government laws, rules,
regulations, and ordinances, which may be applicable to its operation at the
Premises and its performance under this Lease. This Lease is also subject to
applicable provisions of the City Charter.
(B) All actions brought to enforce compliance with any law or to enforce any provision of
this. Lease will be brought in Nueces County where this Lease was executed and will
be performed.
Section 16. Costs. Noncompliance with the terms herein may result in termination of this Lease
and repossession of the Premises and its Improvements by the City or its agents. If the City
undertakes legal action to enforce compliance or collect damages resulting from noncompliance,
Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 17. Indemnity. To the extent permitted by Texas law, Lessee, its officers,
members, partners, employees, representatives, agents, and licensees (collectively,
—166— 3
Indemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers,
employees, representatives, and agents (collectively, Indemnitees) from and against all
claims, demands, actions, damages, losses, costs, Liabilities, expenses, and judgments
asserted against or recovered from City on account of injury or damage to person
including, without limitation on the foregoing, premises defects, workers compensation
and death claims), or property loss or damage of any kind whatsoever, to the extent any
damage or injury may be incident to, arise out of, be caused by, or be in any way
connected with, either proximately or remotely, wholly or in part , (1) the existence, use,
operation, main- tenance, alteration, or repair of Premises and the South Texas Association
for Radio Controlled Automobile Racing, Inc. program; (2) the exercise of rights under this
Lease; (3) an act or omission, negligence, or misconduct on the part of lndemnitees or any
of them or other persons having involvement in, participation with, or business with the
Premises, Lessee, or the South Texas Association for Radio Controlled Automobile
Racing, Inc. program whether authorized with the express or implied invitation or
permission of Lessee (collectively, Lessee's invitees) entering upon the Premises or its
Improvements pursuant to this Lease, or trespassers entering upon the Premises or its
Improvements during Lessee's use or physical occupation of the Premises; or (4) due to
any of the hazards associated with sporting events, training, or practice as a spectator or
participant including, but not limited to, any injury or damage resulting, wholly or in part,
proximately or remotely, from the violation by Indemnitees or any them of any law, rule,
regulation, ordinance, or government order of any kind; and including any injury or
damage in any other way and including all expenses arising from litigation, court costs,
and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with
the asserted or recovered incident. The terms of this indemnification are effective
regardless of whether such injuries, death, or damages are caused, or are claimed to be
caused, by the concurrent, contributing, or sole negligence of Indemnitees or any of them.
Lessee covenants and agrees that if City is made a party to any litigation against Lessee
or in any litigation commenced by any party, other than Lessee relating to this Lease,
Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, of
its own expense, investigate all claims and demands, attend to their settlement or other
disposition, defend City in all actions based thereon with counsel satisfactory to
lndemnitees, and pay all charges of attorneys and all other costs and expenses of any
kind arising from any said liability, damage, loss, demand, claim, or action.
Section 18. Insurance.
(A) Lessee must secure and maintain at Lessee's expense, during the term of this
Lease, a Commercial. General Liability insurance policy with the limits and
requirements shown on Exhibit B, which is attached hereto and incorporated herein
by reference. Failure to maintain such insurance at the limits and requirements
shown on Exhibit B constitutes grounds for termination of this Lease.
(B) Lessee must provide proof, by Certificate of Insurance meeting the limits and
requirements set out in Exhibit B ", to the Director and Risk Management prior to
commencing use of the Premises under this Lease.
(C) Lessee must provide the Director and Risk Management thirty (30) days written
notice of cancellation, intent not to renew, or material change of any insurance
coverages required herein.
(D) Lessee shall, during the term of this Lease, provide copies of all insurance policies
to the City Manager or the Director upon written request.
(E) Lessee shall, prior to any addition or alteration to the Premises or to the
Improvements, obtain clearance, in writing, from Risk Management, as per Section 9
as set out herein this Lease.
Section 19. No debts. Lessee shall not incur any debts nor obligations on the credit of City
during the term of this Lease.
Section 20. Termination.
The City may immediately terminate this Lease if the City determines, in its sole
discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set
out in Section 7.
In addition, the City may immediately terminate this Lease if it determines, in its sole
discretion, that Lessee is in violation of any Federal, State, or local government law,
rule, regulation, or ordinance.
Additionally, if there is noncompliance with one or more of the provisions contained
herein, the Director may give Lessee written notice to cure or begin curing the
default(s) within ten (10) days of receipt of the notice. if Lessee is not in compliance
or in substantial compliance with each provision identified by the Director within ten
(10) days of receiving said notice, the City Manager may terminate this Lease for
cause by providing written notice of termination and listing one or more areas of
continued noncompliance.
(D) Either City or Lessee may terminate this Lease without cause by giving thirty (30)
days written .notice to the non - terminating party.
Section 21. Notice. All notices, demands, requests, or replies provided for or permitted, under
this Lease, by either party must be in writing and must be delivered by one of the following
methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified
or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; or, (4) by
deposit with an overnight express delivery service, for which service has been prepaid. Notice
deposited with the United States Postal Service in the manner described above will be deemed
effective two (2) business days after deposit with the United States Postal Service. Notice by
telegram or ovemight express delivery service will be deemed effective one (1) business day after
transmission to the telegraph company or overnight express carrier. All such communications
must only be made to the following:
IF TO CITY:
City of Corpus Christi
Attn: Director of Park .& Recreation
P. O. Box 9277
Corpus Christi, -TX 78469 -9277
IF TO LESSEE:
STARCAR, INC.
Attn: President, c/o Cindy Daughtry
2030 Saratoga
Corpus Christi, TX 78411
Either party may change the address to which notice is sent by using a method set out above.
Lessee will notify the City of an address change within thirty (30) days after the address is
changed.
Section 22. List of Officers.
(A) Lessee must submit its current List of Officers (List) to the Director within ten (10)
days of commencement of this Lease. Further, Lessee, on the subsequent yearly
anniversary dates of this Lease, must submit its current List to the Director.
Failure to submit a current List, either within ten (10) days of commencement or
annually as required by this section, shall constitute grounds for termination of this
—168— 5
Lease.
(B) The List must contain each person's title, name, address, home phone, and office
or fax phone, if applicable.
Section 23. Reporting. Lessee shall submit reports listing the number of participants during the
term of this Lease. The reports must be submitted to the Director by August 31st of each lease
year.
Section 24. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director deem it
necessary, upon thirty (30) days written notice from the Director.
Lessee has no action for damages against nor will be compensated by the City for
loss of use of the Premises and/or Improvements. The City has no obligation to
provide an alternate location for Lessee during the Improvements construction or
reconstruction period. The consideration for Lessee relinquishing all rights to use
the Premises and Improvements during the construction or reconstruction period is
the City's construction or reconstruction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the Director
will notify Lessee, in writing, of the date on which the Premises and Improvements
are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to vacate
the Premises as set out herein.
(B)
Section 25. Amendments. No alterations, changes, or modifications of the terms of this Lease
nor the waiver of any provision will be valid unless made in writing and signed by a person
authorized to sign agreements on behalf of each party.
Section 26. Waiver.
(A) The failure of either party to complain of any act or omission on the part of the
other party, no matter how long the same may continue, will not be deemed a
waiver by said party of any of its rights hereunder.
No waiver of any covenant or condition or of the breach of any covenant or
condition of this Lease by either party at any time, express or implied, shall be
taken to constitute a waiver of any subsequent_ breach of the covenant or condition
nor shall justify or authorize the nonobservance on any other occasion of the same
or any other covenant or condition hereof.
If any action by the Lessee requires the consent or approval of the City on one
o- ccasion, any consent or approval given on said occasion will not be deemed a
consent or approval of the same or any other action at any other occasion.
(D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall
not be considered an estoppel against the City. It is expressly under- stood that, if
at any time Lessee is in default in any of its conditions or covenants hereunder,
the failure on the part of City to promptly avail itself of said rights and remedies
which the City may have will not be considered a waiver on the part of the City, but
the City may at any time avail itself of said rights or remedies or elect to terminate
this Lease on account of said default.
Section 27. Force Maieure. No party to this Lease will be liable for failures or delays in
performance due to any cause beyond their control including, without limitation, any failures or
(B)
(C)
-1 69-
6
delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy,
common carrier, severe inclement weather, riots or interference by civil or military authorities.
The rights and obligations of the parties will be temporarily suspended during this period to the
extent performance is reasonably affected.
Section 28. Assignment and Sublease. This Lease may not be, in whole or in part, assigned,
transferred, or sublet directly or indirectly without the prior written consent of the City.
Section 29. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease
and related ordinance as required by the City Charter.
Section 30. Captions. The captions in this Lease are for convenience only, are not a part of
this Lease, and do not in any way limit or amplify the terms and provisions of this Lease.
Section 31. Severability.
A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase,
or word of this Lease or the application hereof to any person or circumstance is, to
any extent, held illegal, invalid, or unenforceable under present or future law or by
a final judgment of a court of competent jurisdiction, then the remainder of this
Lease, or the application of said term or provision to persons or circumstances
other than those as to which it is held illegal, invalid, or unenforceable, will not be
affected thereby, for it is the definite intent of the parties to this Lease that every
section, paragraph, subdivision, clause, provision, phrase, or word hereof be given
full force and effect for its purpose.
B. To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective during the term of this Lease, then the remainder of
this Lease is not affected thereby, and in lieu of each such illegal, invalid, or nenforceable
clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Lease automatically.
Section 32. Complaint Notice. Lessee will post a notice at Premises, in a form approved by
the Parks Director, that if any participant or spectator has any complaints or concerns they may
contact the City at 880 -3461 and talk to the Parks Director, or designee.
Section 33. Surrender. Upon expiration or cancellation of the Lease, Lessee must return
Premises to City in reasonably good condition, ordinary wear and tear excepted
Section 34. Entirety Clause. This Lease and the attached and incorporated exhibits constitute
the entire agreement between the City and Lessee for the purpose granted. All other
agreements, promises, representations, and understandings, oral or otherwise, with reference to
the subiect matter hereof, unless contained in this Lease are expressly revoked, except for the
promulgation of future maintenance rules as contemplated in Section 4 herein above, as the
parties intend to provide for a complete understanding within the provisions of this Lease and its
exhibits of the terms, conditions, promises, and covenants governing each party's performance
hereunder and as relating to Lessee's use of the Premises.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on this
the day of , 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary George K. Noe, City Manager
Approved as to legal form I Z , 2008
By: �..�Y�
Lisa Aguilar, AjIstant City Attorney
For City Attorney
SOUTH TEXAS ASSOCIATION FOR RADIO CONTROLLED AUTOMOBILE
RACING, INC.
B
President U
Printed Name: `'i A • Chetz4
Date: D --or
STATE OF TEXAS
OUNTY OF NUECES 1
is instr ment was acknowledged be e me on , 2008, by
3D44- Pre - de t of South Texas ssociation for Radio Controlled
Auto obile Racing, Inc., a Texas non -•rot corpor•,�• on behalf of said corporation.
t " ".'�• DONNA 1 DELEON
Notary Publfc
STATE OF TEXAS
'` My Comm. Exp. OS- 11-2008
Note Publ' , a of Texas h,ekts)3
Printed name: ] •
Commission expires: Zoo8
Bill Witt Park
STARCAR Lease
STATE OF TEXAS
COUNTY OF NUECES
BEING A 3.04 ACRE (132,557.7 SQ. FT.) TRACT OF LAND OUT OF A 136.22 ACRE
TRACT, CONVEYED TO THE CITY OF CORPUS CHRISTI, TEXAS, COMMONLY KNOWN AS
BILL WITT PARK AND DESCRIBED IN DEED RECORDED IN VOLUME 1709, PAGE 95,
OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, BEING OUT OF AND SITUATED
IN SECTION 21, OF THE FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, A MAP
OF WHICH IS RECORDED IN VOLUME A, PAGES 41 THRU 43, OF THE MAP RECORDS
OF NUECES COUNTY, TEXAS, BEING" MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS;
COMMENCING at a Found 5/8" Iron Rod at the northerly comer of Lot 23, Block 13, Cimarron
Crossing, Unit 4 as recorded in Volume 59, Page 64 of the Map Records of Nueces County,
Texas;
THENCE, North 62 °35'10" East through Bill Witt Park, a distance of 74.46 feet to a set 5/8" Iron
Rod with plastic cap stamped "City of Corpus Christi, Texas ", being the Point of Beginning and
the southeasterly comer of this tract;
THENCE, North 47 °19'00" West continuing through said Bill Witt Park, a distance of 400.73 feet to
a set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, Texas ", being a southwesterly
comer of this tract;
THENCE, North 01 °46'50" West continuing through said Bill Witt Park, a distance of 323.14 feet to
a set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, Texas ", being a northwesterly
comer of this tract;
THENCE, North 88 °13'10" East continuing through said Bill Witt Park, a distance of 266.00 feet to
a set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, Texas ", being a northeasterly
comer of this tract;
THENCE, South 01° 46' 50" East, a distance of 603.83 feet to the POINT AND PLACE OF
BEGINNING and containing 3.04 acres of land.
Bearings are with reference to plat of Cimarron Crossing - Unit 4 as recorded in Volume 59, Page
64 of the Map Recoeds of Nueces County, Texas
State of Texas
County of Nueces
I, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that-the foregoing field
notes were prepared by me from a land survey made on , nder my direction.
This the 15TH day of April, 2004.
,...11A Oct
Russell D. Ochs
State of Texas License No. 5,241
-172-
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EXHIBIT B
INSURANCE REQUIREMENTS
I. LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required has been obtained and such insurance
has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar
insurance required of the subcontractor has been obtained.
B. The Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the
following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be
named as an additional insured for the General Liability policy, and a blanket waiver of subrogation is required on all
applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day written notice of cancellation, non - renewal,
material change or termination is required on all
certificates
Bodily Injury and Property Damage
Per occurrence / aggregate
Commercial General Liability including:
$1,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of such
accidents within ten (10) days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
1. The City of Corpus Christi must be named as an additional insured on the General Liability coverage,
and a blanket waiverof subrogation is required on all applicable policies.
2. If your insurance: company uses-the standard ACORD form, the cancellation clause (bottom right) must
be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words,
"endeavor to ", and deleting the wording after "left ". In lieu of modification of the ACORD form, separate
policy endorsements addressing the same substantive requirements are mandatory.
3. The name of the project must be listed under "Description of Operations."
4. At a minimum, a 30-day written notice of cancellation, material change, non - renewal or termination is
required.
B. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1)-
(7), an authorized representative of the insurance company must include a letter specifically stating whether items
1.B. (1) -(7) are included or excluded.
2007 STARCAR Radio Controlled racing at Bill Witt Park ins. req.
10 -9 -07 ep Risk Management
—174— 10
ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE YEAR
LEASE AGREEMENT WITH SOUTH TEXAS ASSOCIATION FOR RADIO CONTROLLED
AUTOMOBILE RACING, INC. ( "STARCAR ") FOR THE USE OF BILL WITT PARK IN
CONSIDERATION OF STARCAR MAINTAINING THE PREMISES AND IMPROVEMENTS;
PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND .DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is authorized to execute a five year lease
agreement with South Texas Association for Radio Controlled Automobile Racing, inc., ("STARCAR"),
a non - profit corporation, for the use of Bill Witt Park for its radio controlled racing program, in
consideration of STARCAR maintaining the premises and improvements. A copy of the Agreement is
on file with the City Secretary.
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
2008.
ATTEST:
Armando Chapa
City Secretary
Approved: May 28, 2008
By:
Lisa Aguilar, Asjtant City Attorney
for City Attorne
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
Day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
11
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 24, 2008
AGENDA ITEM:
Resolution authorizing the City Manager, or designee, to execute an interlocal cooperation
agreement with Nueces County, Texas, for City of Corpus Christi, Texas, to provide lifeguard
services on Nueces County Gulf Beaches in Newport Pass and Padre Balli Parks owned by
County.
ISSUE: Nueces County has requested that the City hire 2 additional lifeguards to its Gulf
Beach Lifeguard staff to provide lifeguard services at the County beaches and the City
would be reimbursed for the costs of the services. The rates for the reimbursement are
provided in the background information and are included as an exhibit to the interlocal
cooperation agreement. The seasonal lifeguards would be supervised by City staff.
REQUIRED COUNCIL ACTION: Council must approve intergovernmental agreements.
PREVIOUS COUNCIL ACTION: Council approved interlocal agreement in 2006.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of interlocal
agreement with Nueces County for lifeguard services.
Sally a
Parks and R
Attachments: Background Information
'rector
creation
BACKGROUND INFORMATION
1. The following will be providedlperformed by the City of Corpus Christi Parks & Recreation
Department:
Staff Provided (5 days/week)
Salary
Temp.
Costs
Total
Lifeguard (84 days/8 hrs/day)
$ 4,924.80
$ 2,395.20
$ 7,320.00
Lifeguard (84 days/8 hrs/day)
$ 4,924.80
$ 2,395.20
$ 7, 320.00
Total
$ 9,849.60
$ 4,790.40
$ 14,640.00
2. The following will be providedlperformed by the Nueces County Parks & Recreation
Department:
A. Lifeguard stands (2)
B. First Aid Equipment and Materials (2 bags)
C. Radios (2)
D. Lifesaving board and float (2)
Page 1 of 4
INTERLOCAL AGREEMENT FOR
LIFEGUARD BEACH SERVICES
This Interlocal Cooperation Agreement (including Exhibits) is entered into between Nueces
County, Texas (County) and the City of Corpus Christi, Texas (City) for purposes of the Texas
Interlocal Cooperation Act, Texas Government Code, Chapter 791, to achieve efficiency in
meeting intergovernmental responsibilities.
WHEREAS, the County and the City entered into an Interlocal Cooperation Agreement for
Lifeguard Beach Services on July 11, 2006;
WHEREAS, the County and the City now desire to terminate the July 11, 2006Interlocal
Agreement and enter into a new Interlocal Cooperation Agreement for Lifeguard Beach
Services;
NOW THEREFORE, the July 11, 2006 Interlocal Cooperation Agreement is terminated and
superceded by this Interlocal Agreement, and the parties agree to the Terms and Conditions as
set out herein:
I. SERVICES PROVIDED
(a) City and County agree to provide services (described in detail on attached Exhibit A) on
the public Gulf beach in parks owned by County at Padre and Mustang Islands, as shown
on map attached as Exhibit B ( "County Beach "). The Exhibits are made a part of this
Agreement for all purposes. The provided services are generally described as follows:
Lifeguards & Stations: City shall provide Lifeguards and County shall provide Lifeguard
Stations. Stations shall be positioned and Lifeguards shall be deployed to provide
coverage of the County Gulf Beach during the period on or about. May 25 through
September 3, or Labor Day, whichever is sooner, for each year this Agreement is in
effect; however, for the initial term of this agreement, this service shall begin on a date
mutually agreed on by the parties;
(b) The County specifically agrees that said employees are the employees of the City and
that the City shall retain all liability for workers compensation and other liabilities that may
arise from such employment. The County agrees to use supervisors provided by the City to
control and supervise said employees. .
II. CONSIDERATION
This Agreement recognizes that the City collects beach parking permit fees in the County Gulf
Beach area. The form of consideration to be provided by County to City for beach services
provided by City shall be paid in cash, credit for revenue allocated to County for County's share
of beach parking permit fees under the Interlocal Agreement between City, County, and the City
of Port Aransas, or mutually agreed upon in -kind goods and services provided at mutually
agreed market prices. The bill shall be for City services, including the cost of the two (2)
lifeguards, as described in detail on the attached Exhibit A.
The City shall send a monthly bill to County for services rendered. County shall pay City in the
manner set out above within ten (10) days after receipt of each monthly bill. As required by §
Page 2 of 4
791.011(d)(3) Texas Government Code, this Agreement specifies that each party paying for the
performance of governmental functions or services must make those payments from current
revenues available to the paying party.
111. TERM
This Agreement shall be effective from the date of execution through September 3, 2008, and
shall automatically renew each year for a new specified term under the same conditions (except
for cost increases described below) if neither party has notified the other of its desire to
terminate the Agreement thirty (30) days prior to each September 3, or as provided for in
paragraph IV. Cost increases for future years after the initial term of this Agreement shall be
limited to increases in the cost of fuel and lubricants plus an adjustment for inflation based on
the past 12 month increase in the Consumer Price Index for all other line, items (e.g., staff, etc.).
The City acknowledges County's authority and capacity to be bound to the renewal terms
depends upon County's budgeting to cover or fund this contract for each successive renewal
term.
IV. DEFAULT
If the City fails to perform or comply with any terms or conditions of the Agreement, the County
may terminate the Agreement after giving the City thirty (30) days notice in writing of the failure
to comply with the Agreement. The City shall have thirty (30) days to cure any default.
If the County fails to perform or comply with any terms or conditions of the Agreement, the City
may terminate the Agreement after giving the County thirty (30) days notice in writing of the
failure to comply with the Agreement. The County shall have thirty (30) days to cure any
default.
V. GOVERNMENTAL SERVICES
This Agreement is between City and County for the purpose of providing governmental services
and is not for the benefit of any third party or individual.
VI. ENTIRETY CLAUSE
This Agreement expresses the entire Agreement between the parties. Any modification,
amendment, or addition to this Agreement shall not be .inding upon the parties unless reduced
to writing and signed by persons authorized to make these agreements on behalf of the
respective party.
—182—
Page 3 of 4
EXHIBIT A: LIFEGUARD EXPENSES for 2008
1. The following will be provided/perforrned by the City of Corpus Christi Parks & Recreation
Department:
Staff Provided (5 days/week)
Salary
Temp Cost
Total
Lifeguard (84 days /8 hrs/day)
$4,924.80
$2,395.20
$7,320.00
Lifeguard (84 days/8 hrslday)
$4,924.80
$2,395.20
$7,320.00
Total
$9,849.60
$4,790.40
$14,640.00
2. Lifeguards will guard two stands at Bob Hall Pier on Thursday, Friday, Saturday, Sunday,
and Monday. Tuesday and Wednesday will be patrolled by lifeguard vehicles only.
3. The following will be provided /performed by the Nueces County Parks & Recreation
Department:
A. Lifeguard stands (2)
B. First Aid Equipment and Materials (2 bags)
C. Radios (2)
D. Lifesaving board and float (2)
Page 4 of 4
NOW THEREFORE. this Interlocal Agreement is entered into by and between the City of
Corpus Christi and Nueces County, Parks and Recreation Department. This Agreement takes
effect on date of last signature.
CITY OF CORPUS CHRISTI NUECES COUNTY
By By
Title Title
Date Date
Attest: Attest:
Approved as to form: s 11 , 2008 Approved as to form: , 2008
By: oe --tM
Lisa Aguilar, As - ant City Attorney
for City Attorney
By:
.� , ,', fir
` 4.,,, ACCESS R O A D 5
4 y
ACCESS ROAD 6 MAIN ENTRANCE & EXIT
r f r
PADRE
LIFE
GUARD
STAND $:
PLACE
MENT
LIFE GUARD
PLACEMENT
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Pointer 27'35'21.39 ' .N 97'13' - 13.54" W elev 5 11 Slreaming �I�lI III 1Q0''
Eye. all 6062
Page 1 of 1
RESOLUTION
AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE AN
INTERLOCAL COOPERATION AGREEMENT WITH NUECES COUNTY
TEXAS FOR CITY OF CORPUS CHRISTI, TEXAS TO PROVIDE
LIFEGUARD SERVICES ON NUECES COUNTY GULF BEACHES IN
NEWPORT PASS AND PADRE BALLI PARKS OWNED BY COUNTY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. The City Manager or designee is authorized to execute an Interlocal
Cooperation Agreement with Nueces County Texas for the City of Corpus Christi, Texas
to provide Lifeguard Services on Nueces County Gulf Beaches in Newport Pass and
Padre Balli Parks owned by County. A copy of the Agreement is on file in the City
Secretary's Office.
ATTEST:
Armando Chapa
City Secretary
APPROVED June 12, 2008
Lisa Aguil
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
of , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
12
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 24, 2008
AGENDA ITEM: Resolution approving the First Amendment to Corpus Christi Business
And Job Development Corporation's Agreement to Grant Business Incentives to Texas
A &M University— Corpus Christi for the Retention Of Jobs
ISSUE: TAMU -CC has requested approval to operate the intern program during the
summer months and move unspent funds from the prior semester to cover these costs.
REQUIRED COUNCIL ACTION: Approval of the first amendment to the agreement
between the 4A Board and Texas A &M University - Corpus Christi.
PREVIOUS COUNCIL ACTION: The Intern Program Agreement with TAMU -CC was
approved on December 11, 2007.
FUNDING: Corpus Christi Business and Job Development Corporation Small Business
Fund.
CONCLUSION AND RECOMMENDATION: Approval of the resolution approving the First
Amendment to the Intern Program Agreement between the 4A Board and TAMU -CC.
Irma Caballero, Director
Economic Development
Attachments
BACKGROUND INFORMATION
Please see the attached agreement for the full text of the First Amendment.
1. The third paragraph of Section 1.2 is revised as follows:
"The program will commence in the spring semester of 2008, continuing through the
fall semester of 2008 and concluding with the spring semester of 2009. Seventy intern
positions are to be provided. The grant amount is $125,929 with $107,520 being used for
intern matching which will be equally matched by the small businesses' contributions. The
$18,409 is for 2 half -time intern positions for the spring semesters of 2008 and 2009 and
one half -time intern position during the summer session of 2008 and fall semester of 2008
within the office of Career Services to assist with administration and evaluation of the
program. It is anticipated that 4 up to 2 interns will be used in the spring semester of
2008, up to 13 interns will be used in the summer session of 2008, up to 25 interns in the
fall semester of 2008, and up to 30 interns in the spring semester of 2009. The
performance requirement shall be continuously maintained during the entire term of this
agreement.
2. Schedule A of Section 2.1.1 is revised as follows:
TAMU -CC's
Performance Requirements
Time of
Performance
4A Board's Performance
Requirement
Placement of approximately 4
two (,} interns with small
businesses and 2 interns with
January 15 through
May 15, 2008
$26443 $8,491 payable no
later than 6/15/08
May 30, 2008
TAMU -CC ...
Placement of up to 13 interns
August 15, 2008
Up to $21,094 payable No later
within small businesses.....
than 9/15/08
Employment of one intern for 20
hours per week for 12 weeks
with the office of Career
Services
Placement of approximately up to
August 15 through
$'15,08/1.55 Up to $42,242.55
December 31, 2008
25_interns
payable no later than 1/15/09
Placement of approximately up to
January 15 through
May 1-5, X904
Up to $54,101.45 payable no
May 30, 2009
30 interns
later than 6/15/09
3. Schedule C of Section 2.2.2 is revised as follows:
TAMU -CC's
Performance Requirements
TAMU -CC's
Time of Performance
Create and maintain not less than one
May 15 through August 15, 2008
intern employment position to assist in
maintain two intern positions in the 2009
the small business employer intern
program for its facility in Corpus Christi,
Nueces County, Texas, with an hourly
wage of $11.70 per hour, plus personnel
costs durin the 2008 Summer Session.
Schedule C of Section 2.2.2 is revised as follows:
TAMU-CC's
Performance Requirements
TAMU -CC's
Time of Performance
Create and maintain not less than one
8115108 through 12/31/08 and
1/15/09 through 5/30/09
intern employment position ..... during
the 2008 Fall Semester and create and
maintain two intern positions in the 2009
Spring Semester.
A new section 9.10.2 is added:
"The City's Director of Economic Development Department and TAMU -CC's Dean of
Outreach are authorized -to -agree by exchange of letters to minor amendments to
this agreement that reallocate the number of interns and periods of time during
which interns will be employed under the agreement, and the amount of
reimbursement for the period. However, the minor amendments may not result in an
increase in the total expenses eligible to be reimbursed under the agreement.
Page 1 of 2
A RESOLUTION
APPROVING THE FIRST AMENDMENT TO CORPUS CHRISTI
BUSINESS AND JOB DEVELOPMENT CORPORATION'S
AGREEMENT TO GRANT BUSINESS INCENTIVES TO TEXAS
A &M UNIVERSITY— CORPUS CHRISTI FOR THE RETENTION
OF JOBS
WHEREAS, on January 8, 2008, the Corpus Christi Business and Job
Development Corporation ( "4A Board ") and Texas A &M University—Corpus
Christi ( "A &M -CC ") to executed an Agreement to Grant Business Incentives to
Texas A & M University – Corpus Christi for the Retention of Jobs, which granted
$125,929 in business incentives to A &M -CC for a student intern program to
assist small businesses in Corpus Christi; and
WHEREAS, adjustments to the implementation schedule are necessary, since
A &M -CC was not able to fully implement the program during the Spring semester
in 2008;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the First Amendment to the Agreement to Grant Business
Incentives to Texas A & M University – Corpus Christi for the Retention of Jobs
between the 4A Board and A &M -CC, which is attached to this resolution, is
approved.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa --
City Secretary
APPROVED as to form: June 9, 2008
R. Jay Reining
First Assistant City Attorney
For the City Attorney
Res -A&M Incentives -1st Amendment
–194–
Henry Garrett
Mayor
Corpus Christi, Texas
of June, 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel]
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Res -A &M Incentives -1st Amendment
—195—
Page 2 of 2
FIRST AMENDMENT TO
AGREEMENT TO GRANT BUSINESS INCENTIVES TO
TEXAS A &M UNIVERSITY—CORPUS CHRISTI
FOR THE RETENTION OF JOBS
A. The Agreement to Grant Business Incentives for the Retention of Jobs
( "Agreement ") between the Corpus Christi Business and Job Development Corporation
( "Corporation ") and Texas A &M University — Corpus Christi, ( "TAMU -CC "), last executed
on January 8, 2008, is amended as follows:
1. The third paragraph of Section 1.2 is revised to read as follows:
"The program will commence in the spring semester of 2008, continuing through the fall
semester of 2008, and concluding with the spring semester of 2009. Seventy intern
positions are to be provided. The grant amount is $125,929, with $107,520 being used
for intern matching funds which will be equally matched by the small businesses'
contributions. The $18,409 is for two half -time intern positions for three- spring
semesters of 2008 and 2009 and one half -time intern position during the summer
session of 2008 and fall semester of 2008 within the Office of Career Services to assist
with administration and evaluation of the program. It is anticipated that 46-up to two
interns will be used in spring semester of 2008, 13 interns will be used in the summer
session of 2008, 25 interns in the fall semester of 2008, and 30 interns in the spring
semester of 2009. The performance requirements shall be continuously maintained
during the entire term of this agreement."
2. Schedule A of Section 2.1.1 is revised to read as follows:
SCHEDULE A
TAMU -CC's CONDITIONS
. PRECEDENT AND
PERFORMANCE
REQUIREMENTS
TAMU -CC's TIME OF
PERFORMANCE
CORPORATION's
PERFORMANCE
REQUIREMENTS
Placement of approximate
4S two (2) interns with small
15, 2008 May 30, 2008
$26,743 payable it monthly
businesses in Corpus
Christi, placement based on
the needs of the small
business with the goal of
providing the business with
resources that make the
business more effective
and/or provide growth
opportunities. The primary
goal of the program is to
provide support to small
TAMU CC $8,491 payable
no later than June 15, 2008
Page 1 of 6
TAMUCC Development Agreement Amendment 061708.deel 96—
businesses in Corpus
Christi that will encourage
growth, retention, economic
development and job
creation. Employment of
two interns for 20 hours per
week and 12 weeks per
semester during the Spring
Semester of 2008, within
the Office of Career
Services to assist with
administration and
evaluation of the program.
Placement of up to 13
interns with small
businesses in Corpus
Christi, placement based on
the needs of the small
business with the goal of
providing the business with,
resources that make the
business more effective
and /or provide growth
opportunities. The primary
goal of the .program is to
provide support to small
businesses in Corpus
Christi that will encourage
growth, retention, economic
development and lob
creation. Employment of
one intern for 20 hours per
week and 12 weeks per
semester during the
Summer Session of 2008,
within the Office of Career
Services to assist with
administration and
evaluation of the program.
August 15, 2008
Up to $21,094 payable no
later than September 15,
2008
Placement of approximately A►
up to_25 interns with small December 31, 2008
businesses in Corpus
Christi, placement based on
the needs of the small
business with the goal of
f-Fem-TAMU-GCUp to
$42,242.55 payable no later
Page 2 of 6
TAMUCC Development Agreement Amendment 061708.doo -197-
providing the business with
resources that make the
business more effective
and /or provide growth
opportunities. The primary
goal of the program is to
provide support to small
businesses in Corpus
Christi that will encourage
growth, retention, economic
development and job
creation. Employment of
two one interns for 20
than January 15, 2009
hours per week and 12
weeks per semester during
the Spring Semester of
2008, within the Office of
Career Services to assist
with administration and
evaluation of the program.
Placement of approximately
up to 30 interns with small
15, 2049Mav 30, 2009
,
fro Up to
businesses in Corpus
Christi, placement based on
the needs of the small
business with the goal of
providing the business with
resources that make the
business more effective
and /or provide growth
opportunities. The primary
goal of the program is to
provide support to small
businesses in Corpus
Christi that will encourage
growth, retention, economic
development and job
creation. Employment of
two interns for 20 hours per
week and 12 weeks per
semester during the Spring
Semester of 2008, within
the Office of Career
Services to assist with
administration and
$54,101.45 payable no later
than June 15, 2009 .
Page 3 of 6
TAMUCC Development Agreement Amendment 061708.dec1 98—
evaluation of the program.
3. Schedule C of Section 2.2.2 is revised to read as follows:
SCHEDULE C
TAMU -CC's PERFORMANCE
REQUIREMENTS
TAMU -CC's TIME OF PERFORMANCE
Create and maintain not less than two
intern (2) employment . positions to assist in
the small business employer intern
program for its facility in Corpus Christi,
Nueces County, Texas, with an hourly
wage of $11.70 per hour, plus personnel
costs during the Spring Semester of 2008.
January 15through May 15, 2008
Create and maintain not Tess than one
May 15 through August 15, 2008
intern (1) employment position to assist in
the small business employer intern
program for its facility in Corpus Christi.
Nueces County, Texas, with an hourly
wage of $11.70 per hour, plus personnel
costs during the Summer Session of
2008.
Create and maintain not Tess than one
August 15 through December 4531, 2008
and January 15 through May 1530, 2009
intern (1) emplovmentposition during the
Fall 2008 semester and not less than two
intern (2) employment positions during the
Spring 2009 semester to assist in the
small business employer intern program
for its facility in Corpus Christi, Nueces
County, Texas, with an hourly wage of
$13.10 per hour plus personnel costs
during the Fall Semester of 2008 and
Spring Semester of 2009.
Page 4 of 6
TAMUCC Development Agreement Amendment 061708.doe -1 9 9—
4. Section 9.10 is revised to read as follows:
"9.10 Amendments or Modifications.
".1 No amendments or modifications to this Agreement may be made, nor any provision
waived, unless in writing signed by a person duly authorized to sign agreements on
behalf of each party.
".2 The City's Director, Economic Development, and TAMU -CC's Dean of Outreach are
authorized to agree by exchange of letters to minor amendments to this Agreement that
reallocate the number of interns and periods of time during which interns will be
employed under the Agreement, and the amount of reimbursement for the period.
However, the minor amendments may not result in an increase in the total expenses
eligible to be reimbursed under this agreement." -
B. This amendment to the Agreement takes effect on the latest date that either party
executes this amendment
C. This amendment does not effect the term of the Agreement.
D. Any provision of the Agreement that is not expressly amended by this amendment
remains unchanged and in full force and effect.
E. This amendment to the Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
EXECUTED on the date shown opposite the signature of each party.
Corpus Christi Business & Job Development Corporation
By:
Eloy Salazar, Chairperson
Date:
Attest
By:
Armando Chapa, Assistant Secretary
Page 5 of 6
TAMUCC Development Agreement Amendment D6170B.dec2 0 0—
Texas ABM University— Corpus Christi
By:
Jim Needham, Dean of Community Outreach
Date:
Attest:
By:
Title:
Page 6of6
TAMUCC Development Agreement Amendment 061708.doc 201-
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 24, 2008
AGENDA ITEM: Resolution approving the First Amendment to Corpus Christi Business
And Job Development Corporation's Agreement to Grant Business Incentives to Del Mar
College for the Retention Of Jobs
ISSUE: Del Mar College has requested approval to operate the intern program during the
summer months and move unspent funds from the prior semester to cover these costs.
REQUIRED COUNCIL ACTION: Approval of the first amendment to the agreement
between the 4A Board and Del Mar College.
PREVIOUS COUNCIL ACTION: The Intern Program Agreement with Del Mar College as
approved on December 11, 2007.
FUNDING: Corpus Christi Business and Job Development Corporation Small Business
Fund.
CONCLUSION AND RECOMMENDATION: Approval of the resolution approving the First
Amendment to the Intern Program Agreement between the 4A Board and Del Mar College.
C._ „ % 4
Irma Caballero, Director
Economic Development
Attachments
BACKGROUND INFORMATION
Please see the attached agreement for the full text of the First Amendment.
1. The third paragraph of Section 1.2 is revised as follows:
"The program will commence in the spring semester of 2008, continuing through
the fall semester of 2008 and concluding with the spring semester of 2009. Sixty -
nine intern positions are to be provided. The grant amount is $130,921 with
$100,651 being used for intern matching which will be equally matched by the small
businesses' contributions. The $27,565 is for 2 half-time intern positions for the
spring semesters of 2008 and 2009 and one half -time intern position during the
summer session of 2008 and fall semester of 2008 within the office of Career
Services to assist with administration and evaluation of the program. It is anticipated
that 45 up to 2 interns will be used in the spring semester of 2008, up to 13 interns
will be used in the summer session of 2008, up to 27 interns in the fall semester of
2008, and up to 27 interns in the spring semester of 2009. The performance
requirement shall be continuously maintained during the entire term of this
agreement.
2. Schedule A of Section 2.1.1 is revised as follows:
DEL MAR COLLEGE'S
Performance Requirements
Time of
Performance
4A Board's Performance
Requirement
Placement of a reximately45
two (2l interns with small
businesses and 2 interns with
January 15, 2008
$27,005 $6,571.01 payable
through May 15,
no later than June 15, 2008
20.08May 30, 2008
Del Mar College
Placement of up to 13 interns
August 15, 2008
Up to $20,433.99 payable no
within small businesses...
later than 9/15/08
Employment of one half -time
intern for 19 hours per week for
12 weeks with the office of
Career Services......
Placement of a -ximately ig
to 27 interns.....
August 15 through
December 45 31,
2008
$'15,08'1.55 Up to $51,958
payable....no later than 1/15/09
Placement of approximately u
to 27 interns.....
January 15
Up to $51,958 payable....no
th-Fetig+4May 30,
2009
` later than 6/15/09
-206-
3. Schedule C of Section 2.2.2 is revised as follows:
DEL MAR COLLEGE's
Performance Requirements
DEL MAR COLLEGE "s
Time of Performance
Create and maintain not less than one
May 15 through August 31, 2008
intern employment position to assist in
Spring Semester.
the small business employer intern
program for its facility in Corpus Christi,
Nueces County, Texas, with an hourly
wage of $11.70 per hour, plus personnel
costs durin• the 2008 Summer Session.
Schedule C of Section 2.2.2 is revised as follows:
DEL MAR COLLEGE's
Performance Requirements
DEL MAR COLLEGE's
Time of Performance
Create and maintain not less than one
intern employment position ..... during
the 2008 Fall Semester and create and
8/15/08 through 12131108 and
1/15/09 through 5130109
maintain two intern positions in the 2009
Spring Semester.
A new section 9.10.2 is added:
"The City's Director of Economic Development Department and DEL MAR
COLLEGE's Interim President are authorized• to agree by •exchange of letters to
minor amendments to this agreement that reallocate the number of interns and
periods of time during which interns will be employed under the agreement, and the
amount of reimbursement for the period. However, the minor amendments may not
result in an increase in the total expenses eligible to be reimbursed under the
agreement.
Page 1 of 2
A RESOLUTION
APPROVING THE FIRST AMENDMENT TO CORPUS CHRISTI
BUSINESS AND JOB DEVELOPMENT CORPORATION'S
AGREEMENT TO GRANT BUSINESS INCENTIVES TO DEL
MAR COLLEGE FOR THE RETENTION OF JOBS
WHEREAS, the Corpus Christi Business and Job Development Corporation ( "4A
Board ") and Del Mar College ( "DEL MAR ") to executed an Agreement to Grant
Business Incentives to Del Mar College for the Retention of Jobs, which granted
$130,921 in business incentives to DEL MAR for a student intern program to
assist small businesses in Corpus Christi; and
WHEREAS, adjustments to the implementation schedule are necessary, since
DEL MAR was not able to fully implement the program during the Spring
semester in 2008;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the First Amendment to the Agreement to Grant Business
Incentives to Del Mar College for the Retention of Jobs between the 4A Board
and DEL MAR, which is attached to this resolution, is approved.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to form:- June .9, 2008
R. Jay R (rung
First Assistant City Attorney
For the City Attorney
Res -Del Mar incentives -1st Amendment
—208—
Henry Garrett
Mayor
Corpus Christi, Texas
of June, 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Res -Del Mar Incentives-1st Amendment
—209—
Page 2of2
FIRST AMENDMENT TO
AGREEMENT TO GRANT BUSINESS INCENTIVES TO
DEL MAR COLLEGE—CORPUS CHRISTI
FOR THE RETENTION OF JOBS
A. The Agreement to Grant Business incentives for the Retention of Jobs
( "Agreement ") between the Corpus Christi Business and Job Development Corporation
( "Corporation ") and Del Mar College — Corpus Christi, ( "Del Mar College "), with an effect
date of January 15, 2008, is amended as follows:
1. The third paragraph of Section 1.2 is revised to read as follows:
"The program will commence in the spring semester of•2008, continuing through the fall
semester of 2008, and concluding with the spring semester of 2009. Sixty -nine intern
positions are to be provided. The grant amount is $130,921, with $100,651 being used
for intern matching funds which will be equally matched by the small businesses'
contributions. The $27,565 is for two half -time intern positions for three- spring
semesters of 2008 and 2009 and one half -time intern position during the summer
session of 2008 and fall semester of 2008 within the DEL MAR Office of Career
Services Planning & Placement to assist with administration and evaluation of the
program. It is anticipated that pup to two interns will be used in spring semester of
2008, 13 interns will be used in the summer session of 2008, 27 interns in the fall
semester of 2008, and 27 interns in the spring semester of 2009. The performance
requirements shall be continuously maintained during the entire term of this agreement."
2. Schedule A of Section 2.1.1 is revised to read as follows:
SCHEDULE A
DEL MAR's CONDITIONS
PRECEDENT AND
PERFORMANCE
REQUIREMENTS
DEL MAR's TIME OF
PERFORMANCE
CORPORATION's
PERFORMANCE
REQUIREMENTS
Placement of approximately
4-5two (2) interns with small
January 15, 2008 through
May 15, 2006May 30, 2008
$27,005 payable monthly
of statements
businesses and 2 interns
,
upon receipt
from Del Mar$6,571.01
with Del Mar College in
Corpus Christi, placement
based on the needs of the
small business with the
goal of providing the
business with resources
that make the business
more effective and/or
provide growth
opportunities. The primary
goal of the program is to
provide support to small
payable no later than June
15, 2008
'
Page 1 of 6
Del Mar Development Agreement Amendment - 061708 -re4. 4 0 —
businesses in Corpus
Christi that will encourage
growth, retention, economic
development and job
creation. Employment of
two half -time interns for 19
hours per week and 12
weeks per semester during
the Spring Semester of
2008, within the Office of
Career Rai:M-1g4
°j.- , citServices to
assist with administration
and evaluation of the
program.
Placement of up to 13
interns with small
businesses in Corpus
Christi, placement based on
the needs of the small
business with the goal of
providing the business with
resources that make the
business more effective
and /or provide growth
opportunities. The primary
goal of the program is to
provide support to small
businesses in Corpus
Christi that will encourage
growth, retention, economic
development and lob
creation. Employment of
one half -time intern for 19
hours per week and 12
weeks during the Summer
Session of 2008, within the
Office of Career Services
to assist with administration
and evaluation of the
program.
August 15, 2008
Up to $20.433.99 payable
no later than September 15,
2008
Placement of approximately
up to 27 interns with small
businesses in Corpus
Christi, placement based on
the needs of the small
August 15 through
December 4 -531, 2008
to $51,958 payable mant@Ely
from Del Marno later than
Page 2 of 6
Del Mar Development Agreement Amendment - 061708 -rev 2c1 1—
business with the goal of
providing the business with
resources that make the
business more effective
and /or provide growth
opportunities. The primary
goal of the program is to
provide support to small
businesses in Corpus
Christi that will encourage
growth, retention, economic
development and job
creation. Employment of
two one half -time interns for
January 15� 2009
19 hours per week and 12
weeks per semester during
the Fall Semester of 2008,
within the Office of Career
Services to assist with
administration and
evaluation of the program.
Placement of
approxima}ohyup to 27
4-530, 2009
May
An amount not to exceedUp
to $51,958 payable cnonth-ly
upon receipt of statements
from Del Mamo. Eater than
interns with small
businesses in Corpus
Christi, placement based on
the needs of the small
business with the goal of
providing the business with
resources that make the
business more effective
and/or provide growth
opportunities. The primary
goal of the program is to
provide support to small
businesses in Corpus
Christi that will encourage
growth, retention, economic
development and job
creation. Employment of
two half -time interns for 19
June 15, 2009
hours per week and 12
weeks per semester during
the Spring Semester of
2009, within the Office of
Career Services to assist
with administration and
Page 3 of 6
Del Mar Development Agreement Amendment- 0617084e45:li 2
evaluation of the program.
3. Schedule C of Section 2.2.2 is revised to read as follows:
SCHEDULE C '
Del Mar's PERFORMANCE
REQUIREMENTS
Del Mar's TIME OF PERFORMANCE
Create and maintain not less than two
intern (2) employment positions to assist in
the small business employer intern
program for its facility in Corpus Christi,
Nueces County, Texas, with an hourly
wage of $11.70 per hour, plus personnel
costs during the Spring Semester of 2008.
January 15, 2008 through May 15, 2008
Create and maintain not Tess than one (1)
May 15 through August 31, 2008
intern employment position to assist in the
small business employer intern program
for its facility in Corpus Christi, Nueces
County, Texas, with an hourly wage of
$11.70 per hour,plus personnel costs
during the Summer Session of 2008.
Create and maintain not Tess than twoone
August 15 through December 4-531, 2008
and January 15 through May a -530, 2009
intern (21) employment positions to assist
in the small business employer intern
program for its facility in Corpus Christi,
Nueces County, Texas, with an hourly
wage of $13.10 per hour plus personnel
costs during the Fall Semester of 2008
and create and maintain two intern (2)
employment positions in the Spring
Semester of 2009.
4. Section 9.9 is revised to read as follows:
"9.9 Amendments or Modifications.
".1 No amendments or modifications to this Agreement may be made, nor any provision
waived, unless in writing signed by a person duly authorized to sign agreements on
behalf of each party.
Page 4 of 6
Del Mar Development Agreement Amendment - 061708- rev�&1 3
".2 The City's Director, Economic Development, and Del Mar's President are authorized
to agree by exchange of letters to minor amendments to this Agreement that reallocate
the number of interns and periods of time during which interns will be employed under
the Agreement, and the amount of reimbursement for the period. However, the minor
amendments may not result in an increase in the total expenses eligible to be
reimbursed under this agreement."
B. This amendment to the Agreement takes effect on the latest date that either party
executes this amendment
C. This amendment does not effect the term of the Agreement.
D. Any provision of the Agreement that is not expressly amended by this amendment
remains unchanged and in full force and effect.
E. This amendment to the Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
EXECUTED on the date shown opposite the signature of each party.
Corpus Christi Business & Job Development Corporation
By:
Eloy Salazar, Chairperson
Date:
Attest
By:
Armando Chapa, Assistant Secretary
Page of 6
Del Mar Development Agreement Amendment-061708471W-
Del Mar College -- Corpus Christi
By:
Jose Alaniz, Interim President
Date:
Attest:
By:
Title:
Page 6 of 6
Del Mar Development Agreement Amendment - 061706 -reV J 5-
14
AGENDA MEMORANDUM
City Council Action Date: June 24, 2008
SUBJECT: Water Facilities Power Adjustment
(Project No. 8611)
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a
construction contract with Rabalais l &E Constructors of Corpus Christi, Texas, in the
amount of $189,600 for the Water Facilities Power Adjustment.
ISSUE: This project provides for the installation of electrical capacitor banks at three of the
City's Water Department Facilities to reduce operating costs: the O.N. Stevens Water
Treatment Plant (ONSWTP), the Q.N. Stevens River Station, and the Holly Road Pump
Station. Starting and stopping of large equipment at industrial plants, such as pumps and
motors, causes surges and excessive variations for the electrical provider (AEP). AEP
charges a power factor surcharge to large users that do not maintain usage at 95% of
capacity.
The capacitor banks are energy - storage devices that provide a more constant balance
between the supply and demand side by storing up energy and slowly discharging the
energy as demand occurs. It was determined that the installation of capacitors to address
the power factor adjustment would result in an estimated annual electrical savings of over
$50,000.
FUNDING: Funding for this project will come from the Water Capital Improvement Budget
FY 2008.
RECOMMENDATION: Staff recommends approval of the motion as presented.
7z" /
r Gustavo Gonzalez, P.E. Kevin R. Stowers
Director of Water Services Interim Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Bid Tabulation
Exhibit "C" Project Budget
Exhibit "D" Location Map
H: IHOME1Raehelle \GEMWatertONSWTP18611 -Water Facilities Power AdtlAgend2r rrp.doc
AGENDA BACKGROUND INFORMATION
SUBJECT: Water Facilities Power Adjustment
(Project No. 8611)
PROJECT DESCRIPTION: This project involves the installation of capacitor banks at
three City Water Department facilities: the O.N. Stevens Water Treatment Plant
(ONSWTP), the ONS River Station, and the Holly Road Pump Station. The total base bid
consists of mobilization, demobilization, submittals, reports, record drawings, and meetings
for the installation of 4.16 kV capacitor banks at the O.N. Stevens Water Treatment Plant
and the O.N. Stevens River Station, including capacitors, poles, conduit, wiring, controls,
testing and commissioning; and the installation of underground conduit for AEP 12.47 kV
capacitor banks at the Holly Road Pump Station.
BID INFORMATION: On May 28, 2008, the City received a proposal from one bidder (see
Exhibit "B" Bid Tabulation). The engineer's opinion of probable construction cost was
$146,000. The City's consultant, Colwell & Associates inc., indicates that the rapid rise in
material (copper) and equipment costs since the original estimate in May 2007 is the
reason for the higher bid. It is not anticipated that rebidding will achieve lower bid prices
and completion of the project provides quick payback for the investment.
City staff and Colwell & Associates Inc. recommend the contract award to Rabalais 1 &E
Constructors in the amount of $189,600.
CONTRACT TERMS: The project is estimated to require 150 calendar days, with
completion anticipated in December 2008.
PROJECT BACKGROUND:, This project was undertaken as part of City staffs continuing
efforts to improve cost- effectiveness and initiatives by local utility franchises (AEP) to
manage their rate structure and meet demands. Industrial activities can result in variations
in electrical power (demand), requiring electrical companies to construct extra capacity into
their distribution system. The power factor adjustment is designed to recover that cost from
large facilities that do not maintain a consistent Toad level. The City undertook a study to
address these problems .and potentially reduce cost. The study indicated that these three
City-facilities will benefit from the power factor adjustment project to stabilize the demand.
The City reviewed five major Water Department facilities that were likely to be affected the
power factor surcharge. The facilities were:
• O. N. Stevens Water Treatment Plan;
• O. N. Stevens Raw Water River Pumping Plant;
• Holly Road Water Pumping Plant;
• Bloomington Raw Water Pumping Plant; and
• Woodsboro Raw Water Pumping Plant.
EXHIBIT "A"
Page 1 of 2
H11OMESRachelle1GENSWater10NSWTP18611 -Water Facilities Power AdjtAge_dq tfround.doc
It was determined the surcharge could be avoided at Woodsboro Pumping Plant by
adjusting the time of day of pump operations. AEP installed capacitors at the Bloomington
Pumping Plant under lease equipment terms that were deemed more favorable than
constructing the capacitor bank.
AEP was unable to make available a lease equipment capacitor offer for the other three
facilities. The configuration of the equipment and feeds required the capacitor banks to be
installed after the AEP termination point on City property.
PREVIOUS COUNCIL ACTION:
1. January 16.2007: Motion authorizing the City Manager, or his designee, to execute an
engineering services contract with Colwell and Associates, Inc., of Corpus Christi,
Texas in an amount not to exceed $39,800 for the Water Department Electrical Power
Factor Adjustment. (Project No. 8568) (Motion No. 2007 -010)
EXHIBIT "A"
Page 2 of 2
H:I HOMEIRacttelle1GENSWaterIONSWTP 18611 -Water Facilities Power AdlisAgend^ljgcf iund.doe
TABULATION OF BIDS
CITY OF CORPUS CHRISTI - ENGINEERING SERVICES
BIDS TABULATED BY: Kevin R. Stowers, Interim Director of Engineering Services
BID DATE: Wednesday, May 28, 2008
Time of Completion: 150 Calendar Days
Engineer's Estimate: $146,000
-222-
WATER FACILITIES POWER ADJUSTMENT
PROJECT NO. 8611
Rabalais I &E Constructors
P.O. Box 10366
Corpus Christi, TX.78460
ITEM
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
1
Mobilization, demobilization, submittals, reports,
record drawings, meetings
1
LS
$20,000.00
$20,000.00
2
4.16 kV capacitor banks at O.N. Stevens Water
Treatment Plant, including capacitors, poles,
conduit, wiring, controls, testing and
commissioning
1
LS
$72,500.00
$72,500.00
_ 3
4.16 kV capacitor banks at O.N. Stevens River
Station, including capacitors, poles, conduit,
wiring, controls, testing and commissioning
1
LS
$72,500.00
$72,500.00
• 4
Underground conduit for AEP 12.47 kV capacitor
banks at Holly Road Pump Station
1
LS
$24,600.00
$24,600.00
TOTAL BID
$189,600.00
-222-
WATER FACILITIES POWER ADJUSTMENT
(PROJECT NO. 8611)
PROJECT BUDGET
June 24, 2008
FUNDS AVAILABLE:
ESTIMATED
BUDGET
!Water CIP Fund
$ 257,944.00I
FUNDS REQUIRED:
Construction Cost (Rabalais 1 &E Constructors)
$ 189,600.00
Construction Contingencies
18,960.00
Consultant Fee (Colwell & Associates Inc.)
39,800.00
Engineering Reimbursements
5,688.00
Finance Reimbursements
1,896.00
Incidental Expenses (Printing, Advertising, etc.)
2,000.00
Total
$ 257,944.00
EXHIBIT "C"
Page 1 of 1
\ Mproject \councilexhiblts\exh8611. dwg
O.N. STEVENS RIVER STATION
13701 SMITH OR.
CORPUS CHRISTI, TX
O.N. STEVENS WTP
13101 LEOPARD ST.
CORPUS CHRISTI, TX
HOLLY ROAD PUMP STATION
4800 HOLLY ROAD
CORPUS CHRISTI, TX
PROJECT No. 8611
LOCATION MAP
NOT TO SCALE
EXHIBIT "D"
WATER FACILITIES POWER
ADJUSTMENT
-224-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE:06 /11/2008
15
AGENDA MEMORANDUM
City Council Action Date: June 24, 2008
SUBJECT: Northside Redevelopment Plan
(Project No. 90091)
AGENDA ITEM:
a. Ordinance appropriating $60,800.00 from unappropriated settlement proceeds in the
No. 3160 City Hall CIP Fund, transferring to and appropriating in the No. 4670
Development Services Fund for Consultant Services for the Performance Improvement
in the Northside Redevelopment Plan Project, Phase 11, changing the FY2007 -08
Capital Budget adopted by Ordinance No. 027546 by increasing appropriations by
$60,800.00; changing the FY2007 -08 Operating Budget adopted by Ordinance No.
027352 by increasing revenues and appropriations by $60,800.00 each; and declaring
an emergency.
ISSUE:
The Northside area is in need of redevelopment which requires extensive work with
neighborhood residents and property owner to develop a plan for redevelopment and a
plan outlining financial requirement and strategies for the area.
FUNDING: Funding for this project for Phase 2 is available upon appropriation by the
Council. Funding for Phase 3 will require identification prior to proceeding with the work.
RECOMMENDATION: Staff recommends approval of the ordinance and motion as
presented.
Robert Nix Faryce G
Assistant City Manager for Assistant
Development Services Planning
Additional S.upport:Material:
Exhibit "A" Background Information
Exhibit "B" Location Map
Exhibit "C" Contract Summary
C:DOCUME- 11reheccah \LOCALS- 11Temp \Narthside Dev PienAgenda .Mem- PhasE"4g67408.doc
i
-7)14-c"-----
•de -Macon
rector of Development Services
AGENDA BACKGROUND INFORMATION
SUBJECT: Northside Redevelopment Plan
(Project No. 90091)
PROJECT DESCRIPTION:
The Northside has been a struggling historic residential and commercial area. The
neighborhood has a strong neighborhood association. The residents have a fierce loyality
to the neighborhood and its history. The City has undertaken many projects over the years
to make improvements in the neighborhood.
Review of prior efforts led to the conclusion that an independent consultant without local
connections presented the best opportunity to open new initiatives for the neighborhood.
Development Services released a Request for Proposals. As a result of the selection
process, the firm of Civic Design of Houston, Texas was selected as best qualified. Based
on mutual discussion with the residents, neighborhood association, and consultant project
goals and a scope of services was developed.
Upon approval of the motion the Consultant will be given notice to proceed with Phase 2
services. The Consultant will also be instructed not to proceed with Phase 3 services
without written authorization.
CONTRACT:
The contract consists of three phases. The phases are:
• Phase I: Research and Assessment. Consultant will conduct up to four (4)
community meetings, a mail survey, stakeholder interviews, and an assessment of
existing conditions. The Consultant will conduct a presentation of the report to the
Planning Commission the City Council.
• Phase 2: Redevelopment Plan /Report. The Consultant will conduct two (2)
community meetings. The Consultant will prepare a regulatory assessment report
based upon the Research and Assessment Phase and the results of the community
meetings. The Consultant will prepare and conduct a design workshop /charrette
with a minimum of three (3) public meetings. A presentation of the report will also
be delivered to Planning Commission the City Council.
• Phase 3: Final Report. Based upon input, the Consultant will conduct four (4)
community meetings, complete a financial analysis, and prepare a final report and
action plan. The Consultant will present the revised final report to the Planning
Commission and City Council.
The Contract Summary is attached. See Exhibit C.
FUNDING:
The appropriation will permit work on the project to begin and complete Phase 2 services.
—228—
EXHIBIT "A"
Page 1 of 1
71e : \Mproject \councilexhibits \exh90091.dwg
pre
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44■4 It I *Minn AGO
uppirstrai
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CITY PROJECT No. 90091
VICINITY MAP
NOT 70 SCALE Exhibit "B"
NORTHSIDE REDEVELOPMEN7RLAN
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRIST!, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
CONTRACT SUMMARY
Agreement for Consultant Services
Northside Redevelopment Plan
SCOPE OF SERVICES
PROJECT SCOPE
PHASE I: Research and Assessment. Consultant will conduct up to four (4) community
meetings, a mail survey, stakeholder interviews, and an assessment of existing conditions. The
Consultant will prepare and deliver to the Assistant City Manager of Development Services
twenty (20) copies of a draft. Based upon the comments and results of the presentation, the
Consultant will finalize the report, deliver twenty (20) copies to the Assistant City Manager of
Development Services. The Consultant will conduct one (1) meeting to present the final report.
Additionally, the Consultant will conduct a presentation of the report to the Planning
Commission the City Council.
Phase 2: Redevelopment Plan /Report. The Consultant will conduct two (2) community
meetings. The Consultant will prepare a regulatory assessment report based upon the
Research and Assessment Phase and the results of the community meetings. The report will
be delivered to the Assistant City Manager of Development Services.
The Consultant will prepare and conduct a design workshop /charrette with a minimum of three
(3) public meetings. The Consultant will prepare a draft report outlining the results of the
regulatory assessment and design workshop/charrette. The Consultant will prepare and deliver
to the Assistant City Manager of Development Services twenty (20) copies of a draft report and
conduct one (1) meeting to present the draft report. Based upon the comments and results of
the presentation, the Consultant will finalize the report, deliver forty (40) copies to the Assistant
City Manager of Development Services and conduct one meeting (1) to present the final report.
A presentation of the report will also be delivered to Planning Commission the City Council.
Phase 3: Final Report. Based upon input from the community, neighborhood, City staff,
Planning Commission, and City Council, the Consultant will conduct four (4) community
meetings, complete a financial analysis, and prepare a final report and action plan. Twenty (20)
copies of the final report/action plan will be delivered to the Assistant City Manager of
Development Services. The Consultant will conduct one (1) presentation of the final draft
report/action plan. The Consultant will finalize the report following the presentation of the draft
report. Twenty (20) copies of the final report will be delivered 'to the Assistant City Manager of
Development Services. After City staff review, the Consultant will make any changes or
corrections requested and_: deliver forty (40) copies of the revised final report. The Consultant
will 'present °the revised final report to the Planning Commission and City Council.
FEES AUTHORIZED
The City will pay the Consultant a total not to exceed fee of $136,710.00. This fee will be full
and total compensation for all services provided and expenses incurred in performing the tasks
specified.
Summary of Fees:
Exhibit C
-230-
Phase 1
Not to Exceed
Budget
1.1
Four Community Meetings
7,200.00
1.2
Mail Survey
6,000.00
1.3
Stakeholder Interviews
15,000.00
Exhibit C
-230-
1.4
Existing Condition Assessment
10,000.00
1.5
Draft Report (20)
400.00
1.6
Final Report (20) and Presentations (2)
1,600.00
1.7
Revised Final Report and Presentation to Planning Commission & City Council
2,800.00
Phase 1 Total Fee
43,000.00
Phase 2
2.1
Community Meetings (2)
7,200.00
2.2
Regulatory Assessment Report
5,000.00
2.3
Design Workshop /Charette (3)
35,000.00
2.4
Workshop Report
6,000.00
2.5
Draft Report and Presentations (2)
2,800.00
2.6
Final Report and Presentation (1)
1,600.00
2.7
Revised Final Report and Presentation to Planning Commission & City Council
3,200.00
Phase 2 Total Fee
60,800.00
Phase 3
3.1
Community Meetings (2)
4,800.00
3.2
Financial Analysis
7,200.00
3.3
Final Report/Action Plan
8,000.00
3.4
Draft Reports (20) and Presentation
2,800.00
3.5
Final Reports (20)
400.00
3.6
Report (40) and Presentation to Planning Commission & City Council
3,200.00
Phase 3 Total Fee.
26,400.00
Project Contingency
6,510.00
Total Not to Exceed Fee
$136,710.00
Exhibit C
Page 2 of 2
—231—
Page 1 of 2
AN ORDINANCE
APPROPRIATING $60,800.00 FROM UNAPPROPRIATED
SETTLEMENT PROCEEDS IN THE NO. 3160 CITY HALL CIP FUND,
TRANSFERRING TO AND APPROPRIATING IN THE NO. 4670
DEVELOPMENT SERVICES FUND FOR CONSULTANT SERVICES
FOR THE PERFORMANCE IMPROVEMENT IN THE NORTHSIDE
REDEVELOPMENT PLAN PROJECT, PHASE II, CHANGING THE
FY2007 -08 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 027546
BY INCREASING APPROPRIATIONS BY $60,800.00; CHANGING THE
FY2007 -08 OPERATING BUDGET ADOPTED BY ORDINANCE N_ O.
027352 BY INCREASING REVENUES AND APPROPRIATIONS BY
$60,800.00 :EACH; AND DECLARING AN EMERGENCY.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $60,800 is appropriated from the Unappropriated Settlement
Proceeds in the No. 3160 City Hall CIP Fund, and transferred and appropriated in the
No. 4670 Development Services Fund for Consultant Services for Performance
Improvement II in the Northside Redevelopment Plan Project, Phase II. The FY2007 -08
Capital Budget adopted by Ordinance No. 027546 is changed by increasing
appropriations by $60,800.00 and the FY2007 -08 Operating Budget adopted by
Ordinance No. 027352 is changed by increasing revenues and appropriations by
$60,800.00 each.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and 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 the24th of June, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to form: June 16, 2008
By:
Lisa A lar
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
H:ILEG- DIRILisa12008 ORDINANCE SIORD- Approp- Northsidevelopment.doc
Page 2 of 2
Corpus Christi, Texas
Day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E, Marez
Nelda Martinez
Michael McCutchon
H:ILEG- DIRILIsa12008 ORDINANCESI ORD- Approp- NorthsidaJ3 velopment.doc
16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 24, 2008
AGENDA ITEM:
A. Motion to amend Ordinance amending the Code of Ordinances, City of Corpus
Christi, Chapter 55, regarding Rules and Procedures for Public Access Cablecasting, to
change program deadline day from Friday to Wednesday in Sections 2 and 6, prior to
second reading.
B. An Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55
regarding Rules and Procedures for Public Access Cablecasting; providing for severance;
providing for publication; and providing an effective date of July 1, 2008
ISSUE: The first reading ordinance changed program deadline in Section 2 of the Rules
and Procedures for Public Access Cablecasting from Friday to Wednesday. For
consistency, a similar change is required to Section 6 of the Rules.
PREVIOUS COUNCIL ACTION: June 17, 2008— First Reading of the Ordinance.
CONCLUSION AND STAFF RECOMMENDATION: City Staff recommends that
the City Council approve the ordinance as amended.
Annie Leal
Interim Director of E- Government Services
—237—
M��
— 1
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 55 REGARDING RULES AND PROCEDURES
FOR PUBLIC ACCESS CABLECASTING; PROVIDING FOR
SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE OF JULY 1, 2008.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Article XVIII of Chapter 55 of the Code of Ordinances is amended by
revising Exhibit A, Rules and Procedures for Public Access Cablecasting, Section 2,
Technical Standards and Production Requirements, to read as follows:
"§ 2 Technical standards and production requirements.
Programs submitted for cablecast must conform to the technical standards and
production requirements established for cablecast by the FCC and City of Corpus
Christi Public Access Rules. The programs shall not cause the cable operator to be out
of compliance with any applicable FCC Technical. Standards.
Quality: Programs must deliver, in good quality, clear audio and video throughout the
entire length of the program.
Format:
a. Producers must transfer all other formats to 1/2" VHS (SP speed) tapes, Super
VHS tapes, Consumer DV tape, video CD, or DVD for cablecasting.
b. All tapes must be rewound to beginning of tape.
c. As new technology changes and formats become more conventional in the
consumer markets, formats may be changed to reflect current market use. The decision
to add or delete formats will be made by the Cable Communications Commission based
upon a request from an access user group and/or the cable operator(s).
Labeling: All producers must clearly label accepted media as follows:
On face of accepted media and sleeve, box or case:
a. Narne of individual producer.
b. Producer's telephone number and/or e-mail address.
c. Length of program.
d. Title of the program as it appears on the producer's application.
H:ILEG- DIRILisa12008 ORDINANCESTub1icAccess 31ZZnd rdg.DOC
2
On the spine of the tape:
a. Title of the program as it appears on the producer's application.
Identification: Only one program may be recorded on a tape.
a. Programs must include the program identification as defined in section 4.
Length:
a. All one -hour programs must be 60 minutes in length, including the program
identification.
b. All half -hour programs must be 30 minutes in length, including the program
identification.
c. Occasional programming beyond 60 minutes (such as high school sporting
events) may be included pursuant to rules established by the Cable Communications
Commission with consent of the cable operators.
SECTION 2. Article XVIII of Chapter 55 of the Code of Ordinances is amended by
revising Exhibit A, Rules and Procedures for Public Access Cablecasting, Section 6,
Violations of rules, subsection b, Forfeit of Use of Public Access Channels, to read as
follows:
"§ 6 Violation of rules.
Producers must follow all Rules and Procedures for Public Access Cablecasting.
If a producer and series has been removed for violations, that producer and series may
not air as an occasional user during the removal period.
A producer may appeal decisions of the Cable Communications Commission to the City
Council by submitting a sworn notice of appeal to the City Secretary within 30 days of
the rendition of the Commission decision.
b. Forfeit of Use of Public Access Channels
Lottery periods begin the first Sunday in June and in December. At the lottery, PAUGs
will establish a designated location for producers to deliver weekly and monthly media.
Media for the first program in a lottery period must be delivered to the designated
location e6 before the first
H:1LEG- DIRILisa12008 ORDINANCESTublicAccesaar d rdg.DOC
3
Sunday in the new lottery period. Following the first media delivery of the lottery period
cut -off time for delivery of media for weekly programs is r 1
each week. Cut -off time for delive of media for monthly programs is
E `.'- PY before the first Sunday of each
month.
PAUGs will maintain a schedule list that indicates delivery of medial by producers. A
monthly log of these schedules will be submitted to the Cable Communications
Commission by noon on the second Monday of each month.
If a series producer fails to supply media on time for a weekly or monthly program, that
program and series will not be aired that week or month. No late media will be
accepted.
If a weekly series producer fails to supply media by the established time for four
consecutive weeks, that producer and series will forfeit the use of public access
channels for the remainder of that lottery period. If a monthly series producer fails to
supply media on time for two consecutive months, that producer and series will forfeit
the use of public access channels for the remainder of that lottery period.
The Commission will review the monthly media delivery log at each Commission
meeting and send written notification to producers who forfeit the use of public access
channels for failure to submit media. This notification will include the date of the next
scheduled Commission meeting, at which time the producer may appeal the
Commission decision. Producers or a designated representative must appear at the
Commission meeting or provide a written statement for an appeal to be reviewed."
SECTION 2 3. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 3-4. 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 4 5. This Ordinance takes effect on July 1, 2008.
H:1LEG- DIRILisa12008 ORDINANCES\PublicAccessRui2nd rdg.DOC
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2008, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2008, by the following. vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
PASSED AND APPROVED, this the
ATTEST:
Armando Chapa
City. Secretary
APPROVED as to form: June 16, 2008
By:
Lisa Aguilar
Assistant City Attorney
For City Attorney
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
day of , 2008.
Henry Garrett
Mayor
1
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 55 REGARDING RULES AND PROCEDURES
FOR PUBLIC ACCESS CABLECASTING; PROVIDING FOR
SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE OF JULY 1, 2008.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Article XVIII of Chapter 55 of the Code of Ordinances is amended by
revising Exhibit A, Rules and Procedures for Public Access Cablecasting, Section 2,
Technical Standards and Production Requirements, to read as follows:
"§ 2 Technical standards and production requirements.
Programs submitted for cablecast must conform to the technical standards and
production requirements established for cablecast by the FCC and City of Corpus
Christi Public Access Rules. The programs shall not cause the cable operator to be out
of compliance with any applicable FCC Technical Standards.
Quality: Programs must deliver, in good quality, clear audio and video throughout the
entire length of the program.
Format:
a. Producers must transfer all other formats to 1/2" VHS (SP speed) tapes, Super
VHS tapes, Consumer DV tape, video CD, or DVD for cablecasting.
b. All tapes must be rewound to beginning of tape.
c. As new technology changes and formats become more conventional in the
consumer markets, formats may be changed to reflect current market use. The decision
to add or delete formats will be made by the Cable Communications Commission based
upon a request from an access user group and /or the cable operator(s).
Labeling: All producers must clearly label accepted media as follows:
On face of accepted media and sleeve, box or case:
a. Name of individual producer.
b. Producer's telephone number and /or e-mail address.
c. Length of program.
d. Title of the program as it appears on the producer's application.
-242 --
u MT.FC - T)T12 \T.ica1111n2 nunrlTA vow Q\n.a.TC n .ate n,.,, r rr
2
On the spine of the tape:
a. Title of the program as it appears on the producer's application.
Identification: Only one program may be recorded on a tape.
a. Programs must include the program identification as defined in section 4.
Length:
a. All one -hour programs must be 60 minutes in length, including the program
identification.
b. All half -hour programs must be 30 minutes in length, including the program
identification.
c. Occasional programming beyond 60 minutes (such as high school sporting
events) may be included pursuant to rules established by the Cable Communications
Commission with consent of the cable operators.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall.be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. This Ordinance takes effect on July 1, 2008.
-243-
That the foregoing ordinance was read for the first time and passed to its second
reading on this the 11m day of (R.2 , 2008, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
4b+
Priscilla G. Leal
John E. Marez
Nelda Martinez
- Michael McCutchon
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2008, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Humrnell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
PASSED AND APPROVED, this the day of
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: June 9, 2008
By:
Lisa Aguil
Assistant City Attorney
For City Attorney
, 2008.
Henry Garrett
Mayor
17
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Presentation of FY 08 -09 Internal Service, Special Revenue and Debt Service Funds.
STAFF PRESENTER(S):
Name Title /Position Department
Oscar Martinez Assistant City Manager - Administrative Services
Cindy O'Brien Director of Financial Services
Constance Sanchez Deputy Director, Financial Services
Eddie Houlihan Assistant Budget Director
REQUIRED COUNCIL ACTION:
No formal action is required at this time. First and second readings on budget
adoption are scheduled for July 15th and July 22nd respectively.
Eddie Houlihan
Assistant Budget Director
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2,317,469
2,248,900
1,146,103
8,925,597
2,996,016
1,995,401
1
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u
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es
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8
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u
P
n
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ected
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ance
u
7/31 /2009'
nd
$ 143,
1,688,
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17,094,
3,233,
1,1
24,
66,
82
6
983
000
634
531
568
127
84
5
$ 43,953,
514
Internal Service Funds Full Time Equivalents
Budget 08 Budget 09
Stores
Maintenance Services
MIS
Engineering Services
Combined Liability &
Employee Benefits
Total
9 20
100 87
109 105
57 61
15 15
290 288
■ 5%
• 7%
❑ 37%
• Stores
III Maintenance
Services
■ 30% O MIS
▪ Engineering
• Combined
Liab /Emp
Benefits
• Purchasing & Messenger Services moved from Maintenance Services to the
Stores Fund transferring eleven FTE's from one fund to another.
• Maintenance Services decreased funding for two FTE's.
• MIS decreased funding for four FTE's.
▪ Engineering Services reported a net increase of approximately four FTE's from
FY 2008 due mostly to the conversion of outside engineering contracts to in-
house personnel.
Stores Fund Major Revenues
Budget 08 Budget 09
Warehouse Sales 2,842,430 2,874,922
Printing Sales 83,724 125,903
Postage Sales 214,985 256,966
Copy Sales 73,402 114,181
Purch &Msg Svcs 0 739,992
Other 6,500 3,000
Total 3,221,041 4,114,964
• Warehouse Services comprise 70% of Stores Fund activity.
■ Warehouse
Sales
■ Printing
Sales
❑ Postage
Sales
0 Copy Sales
® Purch &
Msg Svcs
- Warehouse Sales are sales made from warehouse inventory (i.e. hand
tools, bags of concrete, safety equipment, paper goods, etc.).
- Printing sales are charges for jobs done by the City Hall Print Shop.
- Postage Sales is postage that individual departments use.
- Copy Sales are charges for use of City Hall copiers.
Stores Fund Expenditures by Function
23%
Budget 08 Budget 09
Personnel 346,627 943,961
Operating 3,175,149 3,072,507
Allocations 90,240 177,156
Capital 0 0
Total
3,612,016 4,193,624
4% O%
✓ Intentional draw down of Unreserved Fund Balance by budgeting
$78,660 more in expenditures than revenues in FY09.
• Purchasing and Messenger Services were moved from the
Maintenance Services Fund to the Stores Fund. An allocation is
charged to the major users of the services.
• Personnel
1 Operating
❑ Allocations
• Capital
Maintenance Services Fund Major Revenues
Budget 08 Budget 09
Fleet Management 12,330,781 13,377,427
Building Maintenance 3,993,915 2,705,948 0%
Purch & Msg Svcs 678,904 0
14%
Transfer for Capital 3,134,808 2,576,700 `<<
17%
1%
Transfer for Capital 13,000 765,486
Replacement
Other 192,000 135,058
Total 20,343,408 19,560,619
68%
• Fleet
■ Building
❑ Purchasing
CI Transfer
for Capital
® Other
• Revenues derived from allocations, fuel sales and transfer of funds from
other departments for purchase and replacement of capital outlay.
• Utilities and General Fund now contributing to Capital Replacement
Program.
Maintenance Services Fund Expenditures by Function
21%
Budget 08 Budget 09
Personnel 4,853,406 4,205,693
Operating 10,960,290 12,500,870
Allocations 885,876 780,842
Capital 3,895,625 2,701,700
Total 20,595,196 20,189,105
62%
• Personnel
® Operating
❑ Allocations
• Capital
• $400,000 in projected increases for parts purchases.
• $1,018,843 is anticipated for bulk fuel increases.
• $200,000 set aside annually from fund balance in the reserve for capital
replacement program.
• $2,576,700 budgeted for vehicle /equipment replacement in other funds.
Municipal Information Systems Fund Major Revenues
Charges to General Fund
Charges to Gas Fund
Charges to Wastewater
Fund
Charges to Water Fund
Charges to Stormwater
Fund
Other
Total
Budget 08 Budget 09
7,015,656 7,050,576
1,293,636 1,325,184
1,833,612 1,481,844
3,292,524 2,274,780
0 708,348
2,832,844 2,426,906
16,268,272 15,267,638
9 °/0
45%
is Chgs to
General
Fund
❑ Chgs to Gas
Fund
❑ Chgs to
Wastewater
Fund
❑ Chgs to
Water Fund
❑ Charges to
Stormwater
® Other
- Decreased allocation to the Water Fund largely due to the creation of a
separate Stormwater Fund in FY09.
• MIS fund balance was used to reduce allocations to other funds.
Municipal Information Systems Fund Expenditures by
Function
Budget 08 Budget 09
Personnel 7,297,638 7,157,565
Operating 9,195,553 6,760,933
Allocations 667,800 3,019,040
Capital 167,500 225,000
Total 17,328,491 17,162,538
1%
• Decreased personnel cost for a savings of $141,156.
• $200,000 in Reserved Appropriations for contingencies.
• City Wireless Corporation operating expenditures are now being
recorded as an allocation.
- Capital expenditures include added power supply for data center.
42%
• Personnel
• Operating
❑ Allocations
• Capital
Engineering Fund Major Revenues
CIP Projects
Allocations to other
Funds
Other
Total
Budget 08 Budget 09
1,491,228 1,825,019
887,129 883,503
772,365 1,177,866
3,150,722 3,886,388
47%
CIP Projects
o Allocations
❑ Other
• Significant increase in expected inter - departmental revenues associated
with various city -wide projects.
Engineering Fund Expenditures by Function
Budget 08 Budget 09
Personnel 2,969,850 3,828,458
Operating 423,943 420,611
Allocations 602,028 535,788
Capital 76,500 0
Total
4,072,321 4,784,857
11%
- Pursuant to Council Directives, some outside engineering contracts
were converted to in -house staff.
• Personnel
• Operating
❑ Allocations
• Capital
• Greater emphasis on succession planning with developing professional
engineers in- house.
Liability & Employee Benefits Group Health Revenues
City Contributions
Employee Contributions
Retiree Contributions
Other
Total
Budget 08 Budget 09
14,807,233 14,807,233
5,800,738 5,974,122
2,891,734 2,996,271
2,327,191 1,561,811 24 %,
12%
6%
25,826,896 25,339,437
• City
Contributions
1 Employee
Contributions
68%
❑ Retiree
Contributions
▪ Other
• Premiums are based on actuarial forecasts and ability of fund to offset
projected increases.
• Recommending increases of Citicare Fire and Public Safety premiums of
18% and 20% respectively in FY09.
- If expenditures come in as actuarially projected the fund balance will be
reduced by approximately $1.8 million.
Liability & Employee Benefits Group Health
Expenditures by Function
Budget 08 Budget 09
Third Party Administrator 1,232,370 1,318,908
Health & Dental -All Plans 21,227,113 23,814,119
Disability Ins Premiums 147,651 147,651
Stop Loss Insurance 1,357,590 1,459,508
($2 million lifetime max)
Other 369,868 430,317
Total 24,334,592 27,170,503
Professional and Actuarial expenses will increase due to GASB.
• Life Insurance and Disability rates will not increase in FY09.
• Health &
Dental
1 3rd Party
Admin
❑ Disability
Ins Prem
❑ Stop Loss
Insurance
® Other
Liability & Employee Benefits General Liability
Revenues
Budget 08 Budget 09
Interfund 5,660,909 5,502,436
Contributions
Other 700,000 259,824
Total 6,360,909 5,762,260
5%
95%
• Interfund
Contributions
• Other
• Revenues for the General Liability Fund are derived from Interfund
Contributions to cover general liability related expenses including liability
claims, litigation, insurance premiums, and occupational medicine.
Liability & Employee Benefits General Liability
Expenditures by Function
Self Ins
Claims /Litigation
Insurance Policy
Premiums
Unemployment Comp
Budget 08 Budget 09
3,436,729 2,659,766
2,125,452 2,539,942
100,000 130,000
Occupational 173,800 195,000
Health /Other
Total
5,835,981 5,524,708
2% 4%
48%
■ Self
Ins /Litigation
• Ins Policy
Premiums
❑ Unemploymt
Comp
▪ Occupational
Health
• Self Insurance expenses are expected to decrease in FY09 as predicted
by an actuarial analysis.
• Insurance policy premiums have increased due to an increased number of
properties and a general industry trend.
• Overall, General Liability expenses are estimated to decrease substantially
in FY09, attributed mainly to a decrease in expected liability claims.
Liability & Employee Benefits Workers' Compensation
Revenues
Budget 08 Budget 09
Interfund Contributions 2,995,400 1,706,606
Other 500,000 234,562
Total 3,495,400 1,941,168
12%
88%
▪ Interfund
Contributions
■ Other
▪ City -wide workers' compensation rebate recommended for FY09 totaling
over $1 million.
• Workers' Compensation claims expenses are expected to decrease as
predicted by an actuarial analysis.
Liability & Employee Benefits Worker' Compensation
Benefits Expenditures by Function
Budget 08 Budget 09
Excess Workers' Comp 196,350 150,000
Third Party 339,480 373,428
Administrator
Workers' Comp Self Ins 2,855,733 2,229,013
Other 60,000 60,000
Total 3,451,563 2,812,441
2% 5%
■ Excess
Workers'
Comp
• Third Party
Administrator
E Workers'
Comp Self
Ins
• Other
• Contributing to decreased costs are the staffs renewed focus on employee
safety and better management through continuous review of balanced
scorecard safety related metrics.
- Six out of nine months this year have seen decreases in both workers'
compensation claims expenses and number of claims compared to last
year.
Liability & Employee Benefits Administration
Revenues
Budget 08 Budget 09
Interfund 1,143,493 1,137,028
Contributions
Other
Total
0 0
1,143,493 1,137,028
100%
• Interfund
Contributions
■ All revenues are derived from interfund contributions to cover administrative
expenditures for the Liability and Employee Benefits Fund.
Liability & Employee Benefits Administration
Expenditures by Function
Budget 08 Budget 09
Personnel 854,868 924,990
Materials & Supplies 136,137 139,000
Professional Services 84,783 75,804
Allocations 103,848 94,049
Total 1,179,637 1,233,843
8%
o Personnel
is Materials &
Supplies
o Professional
Svcs
• Allocations
We are not recommending any significant increases or decreases in
administrative expenses for the Liability & Employee Benefits Admin Fund.
S
•
p
e
ci
a
1
R
eve
n
e
F
and
s
stment Zon
account
Zone #2
projects'
0
p
us
for develo
(TIF). It'
within the
C
hristi Bus
n
es
s
and
Sta
corporation created under
improvement programs.
Seawall Iinpro
the downtown
Arena Faci ity Fun
maintenance and'
Job D
vement
seawall
Bus
con
and
Deve
expei
to
d
i
s
ne
to
c01
pme
iture
ss and Jo
action of
ltribute
rit S
s as
Visitors Facil
Bank Center,
F
u
e
ev
law
d
el
p1
to
p
1 /8th
d —' 1/8th cent s
operations of a ]
b Development
baseball stadiun
toward affordab
ery ce s F
sociated
Mies Fun
Convent
n
w
d-
on
i
d-
th tl
a
r
nent
ovide
ce
nt
Corpor
funding
at
sale
s
tax
of
of vo
co
1
le
des tax collected to
ulti- purpose num c
1 / 8th cent sales tax co
op new and expanded
ing initiatives.
ifically iden ify
pu
to
cte
bl
c
no
n
d
ap
to
p
rove
fun
d
fund constru
ipal arena .
Fund —
, Bevel
le hous
estab ished to spec
�e One -Stop Center
reco d revenues
Center and other
Local Emergency Plann ng C
between Nueces Coun y the
purpose of imp ementfng he
Community Right -To Know
C
o pus Chris i Crime C
c eated under State law
ommit�
Port of
federal
Act.
ontrol and
to provide
and
tou
;ee (LEPC)
Corpus Chr
ly mandate
Preventi
funding
le
bt
d
pj
ofit
tal
c
im
api
p
ctio
cted to
lsiness',
evenues'
expend tures related
ties..
ist- related activ
ed
es
sti
pi
to
r
n
ove
and
the Am
rican''
tab ished by Interlocal Agreement's
Authority, and the City for the
an and required training under the
on District
for public
a public non -prof
safety programs.
t
corporati
0
n
Special Revenue Funds Full Time Equivalents
Budget 08 Budget 09
Visitors' Facilities 11 10
Development Services 63 76
Crime Control 65.6 65.6
LEPC 1 1
Total 140.6 152.6
❑ 43%
• Visitors'
• Development
Services
■ 49% ❑ Crime Control
▪ LEPC
• 1 Visitors' Facility FTE moved to General Fund.
• 13 new positions for Development Services: 1 Senior Engineer, 1
Project Manager, 1 Sr. Staff Asst., 1 Document Management Rep., 1
Section Supervisor, 2 Planning Technicians, 3 Plan Examiner II's, 1
Management Asst., 1 Administrative Asst., 1 Customer Service Rep.
Special Revenue Funds Major Revenues
Budget 08 Budget 09
Taxes 32,854,170 35,609,471
Fees /Permits 3,150,028 4,777,336 12%
Convention Ctr /Arena 5,802,644 6,200,625
Other 1,631,840 1,089,632
Transfer from Other Funds 6,542,797 5,878,311 90/
2%
11%
Total
49,981,479 53,555,375
• Revenues listed are inclusive of all Special Revenue Funds:
— Hotel Occupancy Tax Fund
— Reinvestment Zone #2
— Seawall Improvement Fund
— Arena Facility Fund
— Business & Job Development Fund
— Development Services Fund
— Visitors' Facilities Fund
— Local Emergency Planning Committee Fund
— Corpus Christi Crime Control & Prevention District Fund
■ Taxes
H Fees /Permits
❑ Convention
Center /Arena
66% a Other
® Transfer from
Other Funds
Special Revenue Funds Expenditures by Function
Hotel Occupancy
RIZ#2
Seawall
Arena
Business & Job Dev
Development Svcs
Visitors' Facility
LEPC
Crime Control
Total
Budget 08 Budget 09
9,712,784 11,471,136
908,200 1,170,211
3,220,881 4,267,481
4,551,410 6,287,208
4,513,162 6,745,631
5,824,549 6,549,668
10,002,469 10,271,186
87,711 95,195
4,788,936 5,220,772
10%
8%
o Crime Control
❑ Hotel
Occupancy
❑ RIZ#2
22% ■ Arena
• Seawall
• B &JD
2%
❑ Development
Services
❑ LEPC
43,610,102 52,078,488 • Visitors'
• Crime Control expenditures continue to support fifty police officers, the
purchase of five replacement police package sedans, along with funding
the Pawn Shop Detail, Graffiti Eradication Program, Juvenile Assessment
Center, and Juvenile City Marshals.
Hotel Occupancy Tax Major Revenues
Hotel Occupancy Tax
Other
Total
Budget 08 Budget 09
9,163,137 10,425,408
15,147 12,500
9,178,284 10,437,908
100%
El Hotel
Occupancy
Tax
- Hotel Occupancy Tax revenue continues to show strong growth. FY08
revenues are anticipated to exceed budget by more than 10 %. FY09
revenues budgeted at a 3% growth over FY08 estimate.
Hotel Occupancy Tax Expenditures by Function
Budget 08 Budget 09
Convention Center 3,400,000 3,850,000
Convention Promotion 2,593,370 3,088,060
Beach Cleaning 1,054,464 1,055,520
Debt Service 1,886,648 2,489,296
Multicultural /Other 778,302 988,260
Total 9,712,784 11,471,136
22%
ted
9%
• Convention
Center
33% ❑ Convention
Promotion
9%
/
27%
❑ Beach
Cleaning
❑ Debt Service
• Multicultural/
Other
• Increased transfer to Visitors' Fund by $450,000.
• Convention & Visitors Bureau payment includes potential incentive.
• Multicultural /Other expenses increased by $200,000 to partially support
Corpus Christi Museum.
Development Services Major Revenues
Budget 08 Budget 09
Fees and Permits 3,150,028 4,777,336
Other 400,096 264,645
Transfer from Other 1,781,064 1,026,060
Funds
Total 5,331,188 6,068,041
- Fee structure has been improved and includes several new fees.
• Reduced Transfer from General Fund by $755,000.
■ Fees and
Permits
❑ Other
❑ Transfer
Development Services Expenditures by Function
Budget 08 Budget 09
Personnel 3,337,536 3,971,888
Operating 1,138,257 1,351,199
Allocations 1,323,756 1,051,581
Capital 25,000 175,000
Total 5,824,549 6,549,668
1 3%
4‹:
1 0%
2%
• Personnel
75%
• Reorganization includes 13 new FTE's.
• Improved document control in application intake and plan review
processes.
IN Operating
❑ Allocations
• Capital
• Improved building permitting and inspection processes and the site plan
approval and implementation process.
• Quicker inspection turnaround time.
• $175,000 for document management software.
Visitors' Facilities Major Revenues
Arena
Convention Center
Reimb from HOT Fd
Transfer from Arena Fd
Other
Total
Budget 08 Budget 09
3,985,452 4,130,930
1,817,192 2,069,695
3,400,000 3,850,000
1,045,867 776,428 35%
76,896 251,896
10,325,407 11,078,949
7%
2%
• Arena
® Convention
370/0 Center
❑ Reimb from HO'
Fund
❑ Transfer from
Arena Fund
19% • Other
▪ The reimbursement from the Hotel Occupancy Tax Fund is budgeted to increase
by $450,000 in FY09.
✓ The "Transfer from the Arena Fund" represents a transfer from the Arena Facility
(sales tax) special revenue fund to cover the costs for insurance, management
fees to SMG, and MIS costs for the Arena. The amount is budgeted in FY09 to
decrease due to lower insurance premiums for FY09.
• Included in "Other" for FY09 is $175,000 for Naming Rights revenue from the
American Bank Center which was included in budgeted revenue for the Arena and
Convention Center in FY08.
Visitors' Facilities Expenditures by Function
Arena
Convention Center
Transfer to Gen Fd
Other
Total
Budget 08 Budget 09
4,982,171
3,989,569
257,500
773,229
4,987,136
4,372,932
82,547
828,571
10,002,469 10,271,186
8%
■ Arena
■ Convention
Center
48%
❑ Transfer to
General Fund
MI Other
• Included in the expenditures for the Arena and Convention Center are the
City's costs for insurance on the facilities, management fees to SMG, and MIS
costs.
Transfer to the General Fund represent an administrative service charge and
is budgeted to decrease in FY09 based on a "Full Cost Plan" prepared by an
outside agency.
• Included in "Other" for FY09 are expenditures for the Bayfront Arts & Science
Park, Water Garden and Cultural facilities maintenance.
accumu
of pr tic
with var
D
e
bt
Sery
•
1
ce
0
b
1
•
1
Type of
General
Certifica
Tax Inc/
State Inf
Tot
Obligation
Obligation Bonds
tes of Obligation
ement Financing Zone
restructure Bank Notes
al Tax Su orted Debt
Airport
#2
Sy
stem
B
pp
P
rot
ec
ted
gatio
O
0
nds
Nueees River
Utility System
Total Uti
Authority
Revenue
lity System
Bonds
Bonds
Bon
ds
S
ales
Tax
Rev
en
u
e
Bonds
Total
Revenu
e
B
c amati n
Con ract
Obligation
Bureau of R
LNRA Purchase
Total Othe
Total
P
roj
ect
ed
0
nds
n
s
utstanding,IBa
$152,030,000
$ 78,410,000'
$ 13,445,000'
$ 3,250 000'
$247,135,000'
$ 20,095,000'
$102,065,000
$357,060,000
$459,125, 000'
$101,035,000'
$580,255,000'
$ 66,073 868'
$ 99,944 240'
$166,018,108'
0
s'
lance
Ca?
07/31 X08
tsta
ndin
9
P
rinci
pal
on
Deb
t
Debt Service Funds Major Revenues
Ad Valorem Taxes
Agency Contributions
Interest
Transfer from Other Funds
Total
Budget 08 Budget 09
22,164,756 25,903,038
757,554 803,340
1,078,200 534,134
62,103,380 67,738,642
86,693,128 94,979,154
• Al Valorem Taxes
• Agency Contributions
0 Interest
• Transfers from Other
Funds
• A complete Capital Improvement Plan based on the financial capacity of
the Debt Service Funds should be presented to the City Council in July.
Debt Service Funds Expenditures by Function
Budget 08 Budget 09
Seawall 3,205,881 3,248,481
Improvement
Arena Facility 3,490,543 3,540,780
Baseball Stadium 2,286,688 2,289,850
GO Debt Service 29,406,435 41,397,513
Marina 333,181 333,306
Airport 400,023 198,181
Water System 27,006,182 21,760,986
Stormwater System 0 8,426,841
Wastewater System 15,214,825 16,668,634
Gas System 362,316 572,575
Airport 2000A 1,065,816 1,067,841
Airport 2000B 519,150 519,450
Total 83,291,040 100,024,439
8%
• Seawall
❑ Baseball Stadium
❑ Water System
❑ Wastewater System
® Airport 2000A
41%
• Arena
• GO Debt
❑ Stormwater System
❑ Gas System
❑ Airport 2000B
18
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Presentation of FY 08-09 Enterprise Funds.
STAFF PRESENTER(S):
Name
Oscar Martinez
Cindy O'Brien
Constance Sanchez
Eddie Houlihan
Title /Position Department
Assistant City Manager - Administrative Services
Director of Financial Services
Deputy Director,Financial Services
Assistant Budget Director
REQUIRED COUNCIL ACTION:
No formal action is required at this time. First and second readings on budget
Adoption are scheduled for July 15th and July 22nd respectively.
Eddie Houlihan
Assistant Budget Director
Power Point Presentation X
Exhibits ❑
19
CITY'COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
An update on the activities of the City Council Memorial Coliseum Committee.
STAFF PRESENTER(S):
Name Title /Position Department
Nelda Martinez Council Member At -Large
Mike Hummell Council Member At -Large
ISSUE: The following key topics will be discussed during the presentation:
• Background
• Significant Activities to Date
• Timeline for Completion of PKF Evaluation
• Conclusion
Power Point Presentation ❑
Exhibits ❑
20
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Discussion regarding safety issues on the beach area in front of
the Padre Island Seawall
STAFF PRESENTER(S):
Name
1. George K. Noe
2. Angel R. Escobar
3. Sally Gavlik
OUTSIDE PRESENTER(S):
Name
1. None
2.
3.
TitlelPosition
City Manager
Interim Asst. City Mgr.
Director
Title /Position
Department
Public Works
Parks & Recreation
Organization
PowerPoint
Supplemental Information
0
21
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Third Quarter Report of the Health Benefit/Risk Management Fund
STAFF PRESENTER(S):
Name Title /Position Department
1. Cynthia C. Garcia Director of Human Resources Human Resources
2.
3.
OUTSIDE PRESENTER(S):
Name
Title /Position Organization
1.
2.
ISSUE: Because of the unpredictability and fluctuation of the activity in Health
Insurance, Workers Compensation, and General Liability, the Council has asked for
quarterly presentations of incurred costs, and amounts paid in the Health Benefits/
Risk Management Fund.
BACKGROUND: Staff has been making quarterly presentations to the Council
for a number of years so that the Council can make adjustments to the Budget
as needed and informed decisions regarding insurance premiums.
REQUIRED COUNCIL ACTION: None
Cyifthia C. Garcia
ATTACHMENTS:
Quarterly Report
Power Point Slides
Risk Management Fund
Report to City Council
3rd Quarter - Fiscal Year 2008
Presented June 24, 2008
Plan Enrollment
2,500
2,000
1,500
1,000
FY 2008 Average Enrollment by Plan
for Active Employees and Retirees
3rd QTR FY08
Average Enrollment
There has been no
significant increase or
decrease that would
impact the plans.
500
0
Citicare
Citicare Fire
• Employee
• Retiree
1,912
381
Citicare PS
451
329
113
120
Medical & Pharmacy Expenses
$16,000.000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Total Medical and Pharmacy Expenses Paid
Including Stop Loss Expenses
All Plans (as of April 30)
$13,656,788
FY06
$14,718,859
FY07
FY08
3rd Qtr FY08
Total Medical & Pharmacy
Expenses
(Compared to 3rd Qtr FY06 & FY07;
Including stop loss expenses)
Medical
•FY07 to FY08: 19.6% increase
Pharmacy
•FY07 to FY08: 18% increase
® Medical
❑ RX
Total Expenses Paid
$14,000,000
$13,000,000
$12,000,000
$11,000,000
$10,000,000
$9,000,000
$8,000,000
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
• Medical
OStop Loss
o RX
Total Medical Expenses Paid
Including Stop Loss Reimbursements
All Plans (as of April 30)
FY06
$12,444,101
$1,212,686
$2,572,167
FY07
$12,149,496
$154,103
$2,776,337
3rd Quarter FY08
Stop Loss Considerations
After reducing total medical
expenses by the amount
reimbursed for stop loss, the
increase from FY07 -FY08
changes from 19.6% to 9.2 %.
FY08
$13,269,027
$1,449,832
$3,275,388
Total Medical Expenses*
by Subscriber Type
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
• Employee
• Retiree
FY08 Total Medical Expenses
by Subscriber Type
Period Ended April 30
Citicare & Citicare
Basic
Citicare Fire
Citicare Public Safety
Retirees
Citicare: 21%
Citicare Fire: 44%
Citicare PS: 18%
Active Employees
Citicare: 79%
Citicare Fire: 56%
Citicare PS: 82%
$5,887,647
$1,551,752
$1,286,601
$1,000,154
$2,890,881
$623,277
"Excluding stop loss expenses and reimbursements
Total Pharmacy Expenses*
by Subscriber Type
$1,200,000
$1,000,000
$800,000
$600,000
$400,000
$200,000
$-
FY08 Total Pharmacy Expenses
by Subscriber Type
Period Ended April 30
Citicare & Citicare
Basic
Citicare Fire
Citicare Public Safety
Retirees
Citicare: 31%
Citicare Fire: 51%
Citicare PS: 37%
Active Employees
Citicare: 69%
Citicare Fire: 49%
Citicare PS: 63%
CI Employee
• Retiree
$1,096,111
$483,267
$437,430 $499,085
$450,622 $292,389
"Excluding stop loss expenses and reimbursements
Cost per Member Performance
Comparison of Average Monthly Cost Per Member* of Total Plan Costs **
FY07 Average Monthly Cost Per Member
Period Ended April 30
Citicare, $439
Fire, $563
Public Safety,
$662
3rd Quarter Cumulative
FY08 Average Monthly Cost Per Member
Period Ended April 30
Citicare, $429
Public Safety,
$838
FY07 to FYO8 Change in Average Cost Per Member by Plan
(Pharmacy + Medical costs compared to 3rd Quarter FY07)
Citicare: 2% increase
Fire: 26% increase
Police: 27% increase
*Member includes Active and Retired employees. (Member count based on TPA fees paid.)
* *Excluding stop loss expenses and reimbursements
800
700
600
500
400
300
Workers' Comp Performance
Year -To -Date Claims Count Comparison
(Period Ended April 30)
200
100
0
Total claims count T 4%
• Police 1 3.6%
• Fire T 8.7%
•Water 1 3%
•Gas 1 19%
•Wastewater T 35%
❑ All Other
® Water
❑ Street
❑ Gas
❑ Wastewater
❑ Storm Water
❑ Parks
❑ Solid Waste Services
❑ Fire
❑ Police
FY06 FY07 FY08
3rd Quarter
Workers' Comp Costs Performance
$1,800,000.00
$1,600,000.00
$1,400,000.00
$1,200,000.00
$1,000,000.00
$800,000.00
$600,000.00
$400,000.00
$200,000.00
$-
Year -To -Date Incurred Cost Comparison
FY06 FY07 FY08
3rd Quarter
Total incurred costs J, 2.7%
•Wastewater I 12%
•Fire J, 12%
•Solid Waste J, 67%
•Parks T 95.7%
•Police T 43%
•Water T 8%
•Storm Water T 10.5%
❑ Storm Water
• Gas
❑ Water
❑ Parks
❑ Wastewater
CM Street
❑ Fire
❑Solid Waste Services
❑ Police
❑All Other
Workers' Comp Paid on Prior Year
Claims
Dollars Paid
$600,000.00 -
$500,000.00
$400,000.00
$300,000.00
$200,000.00
$100,000.00
$-
Dollars Paid in Current Year
for Prior Years' Claims
•$514,244 paid for FY07
•$450,490 paid for
previous years
•$964,734 total paid
$514,244.61
$211,895.65
$191,195.75
$6,652.88
Prior to FY 2004 FY2004
$40,745.29
FY2005
Year of Claim
FY2006
FY2007
General Liabilities Performance: Count
Number of Claims Filed
600
500
400
300
Liability Claims Count by Department
(Period Ended April 30)
200
100
0
FY06
FY07
FY08
❑ Police 0 Streets ❑ All Other ❑ Gas •Water ❑ Wastewater ® Sanitation ❑ Fire • Storm Water • Park Maintenance
•Overall Total T 2.9%
• Police T 7.6%
•Streets 35%
•Gas T 62.9%
•Sanitation T 2%
• Fire 3.7%
• Parks 3.3%
•Wastewater T 4%
•Storm Water �, 25.8%
•Water T 65%
General Liabilities Performance: Cost
$900,000.00
$800,000.00
$700.000.00
$600.000.00
o $500,000.00
$400,000.00
c
$300,000.00
$200,000.00
$100,000.00
9-
Incurred Costs by Department
FY06
FY07
FY08
•Overall Incurred Cost '' 20.9%
•Police T 86.5%
•Streets T 57%
•Storm Water" 231 %
•Gas T 261.7%
•Water 68%
•Wastewater 89%
•Parks T 370%
•Fire T 155.8%
D Police 0 Streets 0 All Other 0 Gas 0 Water D Wastewater ® Solid Waste 0 Fire ® Storm Water ■ Park Maintenance
General Liabilities Paid on Prior
Year Claims
$800,000.00
$700,000.00
$600,000.00
$500,000.00
$400,000.00
$300,000.00
$200,000.00
$100,000.00
$-
Dollars Paid in Current FY
for Prior Years' Claims
(Period Ended April 30)
$691,309.71
$586,647.32
$164,486.90
P for to FY04
$10,125.23
FY04 FY05
$153,223.45
FY06 FY07
•$691,310 paid
for FY07 claims
•$914,483 paid
for previous
years' claims
•$1,605,793 total
paid
City Vehicle Accidents Status
250
200
150
100
50
0
City Vehicle Accidents
3rd Quarter Annual Comparison
225
211
2006
2007
❑ Number of Accidents 0 Number of Preventables 1
2008
•211 Accidents
(excluding non -
classifiable incidences)
•92 Preventables
•# of accidents 1 6%
Questions &
Comments
22
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Report on City Youth League Leases and Recommendations for Change
STAFF PRESENTER(S):
Name Title /Position Department
1. Sally Gavlik, Director, Parks and Recreation Department
2. Ronald Sepulveda, Athletics Superintendent
BACKGROUND: The City of Corpus Christi leases youth ball fields to the following
organizations — Baseball (Little Leagues, Pony Leagues), Kickball, Softball, Football and Soccer.
All leagues have the same basic lease that requires each league to provide a program for youth
as prescribed under the rules and guidelines of their certifying organization. In addition, these
organizations are to maintain the city fields, pay their utilities, and provide the required insurance
for the program.
The ability to maintain and/or provide infrastructure improvements to aging facilities has become
an issue all over the city. Leagues are spending money on the actual cost to operate the
program — uniforms, umpires, trophies, insurance, etc. In addition, they provide field
maintenance. However, improvements for the bleachers, dug outs, concessions, restrooms,
and lights are generally capital expenses that the leagues do not have the capability of raising
the needed funds for, unless a league parent owns this type of company. The disparity of the
fields can be seen between the Southside and Westside as the financial situation of the parents
has a major impact on league revenues.
Problems with infrastructure are not unique to just the two groups on the Westside.. Padre Little
League requested the department replace bleachers for them because the wood was rotting,
just as Westside Little Baseball and International Westside Pony Baseball have also requested.
The Parks and Recreation Department does not have the funds to fulfill this request. Oso Pony
League has ruts within the playing field just as Westside Little Baseball does. This problem is
caused by rain and the lack of proper drainage. Aged ball field infrastructure is a problem
throughout the community.
The Parks and Recreation Department has the authority to inspect our fields and facilities to
assign specific time frames for improvements. There can be more than one time frame based
on the age of the facility, type of needed improvements, and other similar factors.
REQUIRED COUNCIL ACTION: Endorse and support initiatives as recommended.
/ d.
Sal y ' air' VW, Di `-ctor
Parks an
Recreation Department
Cityof
oipus
Christi
PARKS &
RECREATION
Youth Ball Field Leases
The Parks and Recreation Department has
over 25 sports lease contracts with
various organizations including:
o Baseball
o Kickball
o Softball
o Football
o Soccer
League Requirements
• Provide a program for youth
• Maintain their fields
• Pay their own utilities
• Maintain the required insurance
• Maintain their non - profit status
Concerns with
Current Lease Program
• All the leagues maintain the fields at
different levels
• The organizations pay their utilities
• The high cost for field equipment
• Volunteers maintain the fields
• Participation varies within leagues
• There is a limited number of playing fields
with little or no room to expand
• Older players play on more than one team
from more than one program
• There is more than one sport affiliation
sponsoring youth sports
Westside Baseball
(Little League )
The league draws youth from the
geographic area surrounding the current
fields
Facility is aged and requires major work
The league received funding in the 2004
Bonds for one field to be lighted
The facility requires a capital investment
i.e. facility improvements, bleachers,
restrooms
Little League organizations around CC are
working to help improve the fields
International Westside
(Pony Baseball)
League can draw players from anywhere
in the county
This league received funding from both
the 2004 Bonds and the 2008 CDBG
Facility is aged and requires work
The facility requires a capital investment
i.e. facility improvements, bleachers,
restrooms
Recommendation for Current Concerns
o The department has prepared a list of
maintenance issues related to the fields
(field conditions, and one set of lights)
that the Westside Little League will be
required to improve over the next 60
days beginning June 1, 2008
o Capital improvements fall within
recommendation number 3 below
Recommendation for All Leases
1. Lease Evaluations
Re- evaluation of all leases and develop a
standard of maintenance that is required
for all leagues
Leases upgraded and processes
implemented by January 1, 2009 to reflect
changes
Recommendation for All Leases
2. Self- Inspection
o Leagues annually complete self- inspection
form on condition of the fields
o Due date established for all leagues
o Leagues that are not compliant will be
assessed a fee of $500 for inspection
Recommendation for All Leases
3. Uniform Reporting Form
o Parks and Recreation would develop a
form for use by all leagues to evaluate
their current operational needs (field &
facilities)
o Safety would be the first focus, then other
improvements
o Reports would help develop bond and
CDBG proposals
Pilot Program
New South Guth League
o Parks and Recreation would operate
and maintain the fields
o Leagues would only lease the fields
during league play
o Tournament and optional leagues
during off season would be scheduled
by Parks and Recreation staff
o Leagues would pay a fee to the
department for maintenance of the
fields
o Concessions would be split 50/50 with
the leagues
Questions
City of
Corpus
Christi